Document ID: chunk:federal_register_of_legislation:C2006C00470:clause:2_3:p4
Version: federal_register_of_legislation:C2006C00470
Segment Type: clause
Provision Reference: sch 2 cl 3 (pt 4/7)
Character Range: 60653–63473

it applies until it is withdrawn.

Withdrawing public rulings

358‑20  Withdrawing public rulings

 (1) The Commissioner may withdraw a *public ruling, either wholly or to an extent, by publishing notice of the withdrawal.

 (2) The withdrawal takes effect from the time specified in the notice. That time must not be before the time the notice is published.

 (3) To the extent that a *public ruling is withdrawn, it continues to apply to *schemes to which it applied that had begun to be carried out before the withdrawal but does not apply to schemes that begin to be carried out after the withdrawal.

Note: A scheme is taken to have begun to be carried out if a contract requiring the scheme has been entered into: see section 357‑80.

 (4) The Commissioner must publish notice of the withdrawal of a *public ruling in the Gazette.

Division 359—Private rulings

Guide to Division 359

359‑1  What this Division is about

      A private ruling is an expression of the Commissioner's opinion of the way in which a relevant provision applies, or would apply, to you in relation to a specified scheme. Private rulings are usually made on application by you, your agent or your legal personal representative.
      The Commissioner must make the ruling applied for, except in certain cases. If you are entitled to receive a ruling, you can object if the Commissioner takes too long to make it.
      The Commissioner must record the ruling in writing and give a copy of it to you. The ruling must include certain details.
      If you are dissatisfied with the ruling, you may object to it.
Note: Division 357 has some common rules that affect private rulings.

Table of sections

Private rulings

359‑5 Private rulings
359‑10 Applying for a private ruling
359‑15 Private rulings to be given to applicants
359‑20 Private rulings must contain certain details
359‑25 Time of application of private rulings
359‑30 Ruling for trustee of a trust
359‑35 Dealing with applications
359‑40 Valuations
359‑45 Related rulings
359‑50 Delays in making private rulings
359‑55 Revised private rulings
359‑60 Objections, reviews and appeals relating to private rulings
359‑65 Commissioner may consider new information on objection
359‑70 Successful objection decision alters ruling

Private rulings

359‑5  Private rulings

 (1) The Commissioner may, on application, make a written ruling on the way in which the Commissioner considers a relevant provision applies or would apply to you in relation to a specified *scheme. Such a ruling is called a private ruling.

Note: Section 357‑55 specifies the relevant provisions.

 (2) A *private ruling may cover any matter involved in the application of the provision.

359‑10  Applying for a private ruling

 (1) You, your *agent or your *legal personal representative may apply to