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House of Representatives Standing Committee on Economics
Footnotes
Chapter 1 Introduction
[1]
House of Representatives Selection Committee, Report No. 78: Private
Members’ business and referral of bills to committees, 21 March 2013,
p. 4.
[2]
Explanatory Memorandum (EM), Tax and Superannuation Laws Amendment (2013
Measures No. 2) Bill 2013, p. 20.
[3]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill
2013, p. 11.
[4]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill
2013, pp. 11-12.
[5]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill
2013, p. 20.
[6]
The Hon David Bradbury MP, Assistant Treasurer, and the Hon Simon Crean
MP, Minister for the Arts, Clarity for Producer Offset documentaries,
Joint Media Release No. 63, 5 July 2012.
[7]
The Treasury, Consultations and Submissions, Film tax offsets
–Definition of a ‘documentary’, <http://www.treasury.gov.au/ConsultationsandReviews/Submissions/2012/Film-tax-offsets--definition-of-a-documentary>,
viewed 2 April 2013.
[8]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill
2013, p. 19.
[9]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill
2013, p. 19.
[10]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 19.
[11]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 19.
[12]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 18.
[13]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 21.
[14]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 3.
[15]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
pp. 23-24.
[16]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 24.
[17]
EM, Tax and Superannuation Laws
Amendment (2013 Measures No. 2) Bill 2013, p. 24.
[18]
The Hon David Bradbury MP, Assistant Treasurer, House of Representatives
Hansard, 20 March 2013, p. 17.
[19]
EM, Tax and Superannuation Laws
Amendment (2013 Measures No. 2) Bill 2013, p. 26.
[20]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 3.
[21]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 29.
[22]
The Treasury, Summary of Consultation Process, Allowing businesses in a
net refund position to continue paying GST by instalments, available at
<http://www.treasury.gov.au/
ConsultationsandReviews/Submissions/2012/GST-instalment-system>, viewed 2
April 2013.
[23]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
pp. 29-30.
[24]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 31.
[25]
EM, Tax and Superannuation Laws
Amendment (2013 Measures No. 2) Bill 2013, p. 31.
[26]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 32.
[27]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 35.
[28]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
pp. 5, 35-37.
[29]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 37.
[30]
The Hon Bill Shorten MP, Minister for Financial Services and
Superannuation, A better deal for superfund members, Media Release
No. 131, 21 September 2011.
[31]
The Treasury, Consultations and Submissions, Intra fund consolidation of
superannuation interests,
<http://www.treasury.gov.au/ConsultationsandReviews/Submissions/2012/Intra-fund-consolidation-of-superannuation-interests>
and <http://www.treasury.gov.au/ConsultationsandReviews/Submissions/2012/Intra-fund-consolidation>,
viewed 2 April 2013.
[32]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
pp. 39, 41.
[33]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 49.
[34]
The Hon David Bradbury MP, Assistant Treasurer, House of Representatives
Hansard, 20 March 2013, pp. 17-18.
[35]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
pp. 39, 48.
[36]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 42.
[37]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 43.
[38]
EM, Tax and Superannuation
Laws Amendment (2013 Measures No. 2) Bill 2013, p. 44.
[39]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 40.
[40]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 46.
[41]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 46.
[42]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
pp. 39-41.
[43]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 41.
[44]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 40.
[45]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 50.
[46]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
pp. 40, 47.
[47]
Australian Taxation Office, Super co-contribution, available at <http://www.ato.gov.au/individuals/content.aspx?menuid=0&doc=/content/42616.htm&page=3&H3>,
viewed 2 April 2013.
[48]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 8.
[49]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 51.
[50]
The Hon David Bradbury MP, Assistant Treasurer, House of Representatives
Hansard, 20 March 2013, p. 18.
[51]
The Hon David Bradbury MP, Assistant Treasurer, House of Representatives
Hansard, 20 March 2013, p. 18.
[52]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 52.
[53]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 52.
[54]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 8.
[55]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 57.
[56]
The Treasury, Consultations and Submissions, The dependant (invalid and
carer) tax offset, <http://www.treasury.gov.au/ConsultationsandReviews/Submissions/2013/Dependant-Invalid-and-Carer-Tax-Offset>,
viewed 2 April 2013.
[57]
The Hon David Bradbury MP, Assistant Treasurer, House of Representatives
Hansard, 20 March 2013, p. 18.
[58]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 57.
[59]
The Hon David Bradbury MP, Assistant Treasurer, House of Representatives
Hansard, 20 March 2013, p. 18.
[60]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 64.
[61]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 64.
[62]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
pp. 62-63.
[63]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
pp. 62-63.
[64]
Senator the Hon Nick Sherry, Assistant Treasurer, New reforms to the
Taxation of Financial Arrangements, Media Release No. 145, 29 June 2010.
[65]
The Treasury, Summary of Consultation Process, Amendments to the
taxation of financial arrangements (TOFA) stages 3 & 4 provisions, <http://www.treasury.gov.au/
ConsultationsandReviews/Submissions/2013/TOFA-Stages-3-and-4>, viewed
2 April 2013
[66]
An amount is an interest-like amount if it represents a return paid or provided
on a debt interest, is something in the nature of interest or is something that
could reasonably be regarded as being a substitute for interest.
[67]
The Hon David Bradbury MP, Assistant Treasurer, House of Representatives
Hansard, 20 March 2013, p. 18.
[68]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill
2013, p. 9.
Chapter 2 Issues in the Bill
[1]
EME Productions No. 1 Pty Ltd v Screen
Australia[2011] AATA 439.
[2] Explanatory Memorandum (EM), Tax and Superannuation
Laws Amendment (2013 Measures No. 2) Bill 2013, p. 12.
[3]
Ms Fiona Cameron, Screen Australia, Committee Hansard, Canberra,
18 April 2013, p. 1.
[4]
Screen Australia, Submission to the Treasury
consultation on Film tax offsets - definition of a 'documentary', p. [5],
available at <http://www.treasury.gov.au/ConsultationsandReviews/Submissions/2012/Film-tax-offsets--definition-of-a-documentary>,
viewed 11 April 2013.
[5] See EME Productions No. 1 Pty Ltd v Screen
Australia [2011] AATA 439, paragraphs 6-7.
[6] EME Productions No. 1 Pty Ltd v Screen Australia
[2011] AATA 439, paragraph 41.
[7] Screen Australia, Lush House appealed, 22
July 2011, available at <http://www.screenaustralia.gov.au/news_and_events/2011/mr_110722_lushhouse.aspx>,
viewed 11 April 2013.
[8] Screen Australia, Public Statement: Lush House
Decision, 8 March 2012, available at <http://www.screenaustralia.gov.au/news_and_events/2012/ps_120308_lushhouse.aspx>,
viewed 11 April 2013.
[9] Screen Producers Association of Australia (SPAA), Submission
3, pp. 1-2. See also Australian Subscription Television and Radio
Association, Submission 7; Essential Media and Entertainment, Submission
8; Beyond International Limited, Submission 9; Prospero Productions,
Submission 10; Electric Pictures, Submission 11; and Cordell
Jigsaw Zapruder, Submission 12.
[10]
Ms Fiona Cameron, Screen Australia, Committee Hansard, Canberra, 18
April 2013, p. 1.
[11]
Ms Fiona Cameron, Screen Australia, Committee Hansard, Canberra, 18
April 2013, p. 2.
[12]
Ms Fiona Cameron, Screen Australia, Committee Hansard, Canberra, 18
April 2013, p. 11.
[13]SPAA, Submission 3, p. 2.
[14]
Mr Matthew Deaner, SPAA, Committee Hansard, Canberra, 18 April 2013,
p. 2.
[15]
Electric Pictures, Submisson 11, p. 1.
[16]
Australian Subscription Television and Radio Association, Submission 7,
p. 1.
[17] SPAA, Submission 3, p. 2.
[18] EME Productions is the group that brought the Lush
House case to the Administrative Appeals Tribunal when Screen Australia
determined that the show was not a documentary.
[19] SPAA, Submission 3, pp. 1-2.
[20] SPAA, Submission 3, pp. 7, 5.
[21] SPAA, Submission 3, p. 5, Attachment A.
[22]
Ms Fiona Cameron, Screen Australia, Committee Hansard, Canberra, 18
April 2013, p. 5.
[23]
Broadcasting Services Act 1992, Schedule 6: Definitions.
[24]
Mr Peter Tehan, Beyond International, Committee Hansard, Canberra,
18 April 2013, p. 10.
[25]
Mr Matthew Deaner, SPAA, Committee Hansard, Canberra, 18 April 2013,
p. 2.
[26]
Mr Matthew Deaner, SPAA, Committee Hansard, Canberra, 18 April 2013,
p. 4.
[27]
Mr Alex Sangston, Screen Australia, Committee Hansard, Canberra, 18
April 2013, p. 4.
[28]
Ms Fiona Cameron, Screen Australia, Committee Hansard, Canberra, 18
April 2013, p. 4.
[29]
Ms Fiona Cameron, Screen Australia, Committee Hansard, Canberra, 18
April 2013, p. 9.
[30]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 19.
[31] EM,
Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013, pp. 39,
41.
[32]
EM, Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013,
p. 49.
[33] Ms Ruth Gabbitas, Department of the
Treasury, Committee Hansard, Canberra, 18 April 2013, p. 20.
[34]
Mr David Haynes, Australian Institute of Superannuation Trustees (AIST), Committee
Hansard, Canberra, 18 April 2013, p. 15.
[35]
Ms Ruth Gabbitas, Department of the Treasury, Committee Hansard,
Canberra, 18 April 2013, pp. 20-21.
[36] Law Council of Australia, Submission 1, pp.
[2]-[3]; AIST, Submission 2, pp. [2]-[3].
[37]
Ms Fiona Galbraith, Association of Superannuation Funds of Australia
(ASFA), Committee Hansard, Canberra, 18 April 2013, p. 13.
[38]
Mr Luke Barrett, UniSuper and
Law Council of Australia, Committee Hansard, Canberra, 18 April
2013, p. 13.
[39]
Mr Luke Barrett, UniSuper and Law Council of Australia, Committee
Hansard, Canberra, 18 April 2013, p. 18.
[40]
Mr Richard Webb, AIST, Committee Hansard, Canberra, 18 April 2013,
p. 18.
[41]
Mr David Haynes, AIST, Committee Hansard, Canberra, 18 April 2013,
p. 22.
[42]
Mr Luke Barrett, UniSuper and Law Council of Australia, Committee
Hansard, Canberra, 18 April 2013, p. 16.
[43]
Mr Luke Barrett, UniSuper and Law Council of Australia, Committee
Hansard, Canberra, 18 April 2013, p. 22.
[44]
Mr Luke Barrett, UniSuper and Law Council of Australia, Committee
Hansard, Canberra, 18 April 2013, p. 18.
[45]
Ms Ruth Gabbitas, Department of the Treasury, Committee Hansard,
Canberra, 18 April 2013, p. 23.
[46]
Ms Ruth Gabbitas, Department of the Treasury, Committee Hansard,
Canberra, 18 April 2013, p. 22.
[47]
Mr Luke Barrett, UniSuper and Law Council of Australia, Committee
Hansard, Canberra, 18 April 2013, pp. 18-19.
[48] UniSuper, Submission 4, p. 1.
[49] AIST, Submission 2, p. [2].
[50] AIST, Submission 2, p. [2].
[51]
Mr David Haynes, AIST, Committee Hansard, Canberra, 18 April 2013,
p. 14; Mr Luke Barrett, UniSuper and Law Council of Australia, Committee
Hansard, Canberra, 18 April 2013, p. 16.
[52]
Mr Robert Hodge, ASFA, Committee Hansard, Canberra, 18 April 2013,
p. 20.
[53]
Mr Robert Hodge, ASFA, Committee Hansard, Canberra, 18 April 2013,
p. 20.
[54]
Mr Luke Barrett, UniSuper and Law Council of Australia, Committee
Hansard, Canberra, 18 April 2013, p. 13.
[55]
Ms Fiona Galbraith, ASFA, Committee Hansard, Canberra, 18 April 2013,
pp. 17-18.
[56]
Ms Ruth Gabbitas, Department of the Treasury, Committee Hansard,
Canberra, 18 April 2013, p. 20.
[57]
Mr David Haynes, AIST, Committee
Hansard, Canberra, 18 April 2013, p. 15.
[58]
Mr David Haynes, AIST, Committee Hansard, Canberra, 18 April 2013,
p. 22.
[59] Financial Services Council, Submission 6, p. 1;
Association of Superannuation Funds of Australia (ASFA), Submission 5,
p. 2.
[60]
Mr Robert Hodge, ASFA, Committee Hansard, Canberra, 18 April 2013,
p. 23.
[61] EM,
Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013, p. 51.
[62]
Ms Fiona Galbraith, ASFA, Committee Hansard, Canberra, 18 April
2013, p. 24.
[63] EM,
Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013, p. 52.
[64] EM,
Tax and Superannuation Laws Amendment (2013 Measures No. 2) Bill 2013, p. 52.
[65]
Australian Government, Fact Sheet: Superannuation — Low Income Earners
Government Contribution, 26 July 2011, available at <http://www.futuretax.gov.au/content/Content.aspx?
doc=FactSheets/low_income_earners_govt_contribution.htm>, viewed 10 April
2013.
[66]
ASFA, Submission 5, p. 3.
[67]
Mr David Haynes, AIST, Committee Hansard, Canberra, 18 April 2013,
p. 24.
[68]
ASFA, Submission 5, p. 3.
[69]
Mr David Haynes, AIST, Committee Hansard, Canberra, 18 April 2013,
p. 24.
Additional comment from Liberal Members of the Committee
[1]
Explanatory Memorandum, Tax Laws Amendment (2009 Budget Measures No 1) Bill 2009, p. 8
[2]
Explanatory Memorandum, Tax Laws Amendment (2009 Budget Measures No 1) Bill 2009, p. 6
[3]
[4]
2011–12 Budget Paper No 2, p. 326
[5]
2011-12 MYEFO, p. 291
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