Clean Energy (Income Tax Rates
Amendments) Act 2011
No. 150, 2011
Compilation No. 1
Compilation date:
26 June 2015
Includes amendments up to:
Act No. 72, 2015
Registered:
8 July 2015
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Clean Energy (Income Tax Rates Amendments) Act
2011 that shows the text of the law as amended and in force on 26 June 2015
(the compilation date).
This compilation was prepared on 30 June 2015.
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but
not commenced at, the compilation date are underlined in the endnotes. For
more information on any uncommenced amendments, see the series page on
ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on ComLaw for the
compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
Contents
1
2
3
Short title ........................................................................................... 1
Commencement ................................................................................. 1
Schedule(s) ........................................................................................ 2
Schedule 1—Personal tax rates
Part 1—Amendments applying from the 2012-13 year of
income
Income Tax Rates Act 1986
Endnotes
3
3
3
5
Endnote 1—About the endnotes
5
Endnote 2—Abbreviation key
6
Endnote 3—Legislation history
7
Endnote 4—Amendment history
8
Clean Energy (Income Tax Rates Amendments) Act 2011
Compilation No. 1
Compilation date: 25/6/15
i
Registered: 7/7/15
An Act to amend the Income Tax Rates Act 1986,
and for related purposes
1 Short title
This Act may be cited as the Clean Energy (Income Tax Rates
Amendments) Act 2011.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
4 December
2011
2. Schedule 1,
Part 1
The latest of:
(a) the start of 1 July 2012; and
(b) the commencement of section 3 of the
Clean Energy Act 2011; and
(c) the start of the day the Clean Energy
(Tax Laws Amendments) Act 2011
receives the Royal Assent.
1 July 2012
However, the provision(s) do not commence
at all unless both of the events mentioned in
paragraphs (b) and (c) occur.
Note:
This table relates only to the provisions of this Act as originally
enacted. It will not be amended to deal with any later amendments of
this Act.
Clean Energy (Income Tax Rates Amendments) Act 2011
Compilation No. 1
Compilation date: 25/6/15
1
Registered: 7/7/15
(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.
2
Compilation No. 1
Clean Energy (Income Tax Rates Amendments) Act 2011
Compilation date: 25/6/15
Registered: 7/7/15
Personal tax rates Schedule 1
Amendments applying from the 2012-13 year of income Part 1
Schedule 1—Personal tax rates
Part 1—Amendments applying from the 2012-13 year
of income
Income Tax Rates Act 1986
1 Subsection 3(1)
Insert:
tax-free threshold means $18,200.
2 Subsections 20(1) and (2)
Repeal the subsections, substitute:
Part-year residency periods
(1) This Act applies in relation to a person and a year of income as if
the reference in the table in Part I of Schedule 7 to the tax-free
threshold were a reference to the amount calculated in accordance
with the following formula, if there are one or more part-year
residency periods in relation to the person in relation to the year of
income:

Number of months in the year

of income during which there

is a part-year residency period

in relation to the person



and the year of income
The
tax-free


 $4,736   $4,736 

threshold


12











Trustees
(1A) Subsection (1) does not apply in calculating the tax payable by the
trustee of a trust estate under section 98 of the Assessment Act in
respect of a share of a beneficiary of the net income of the trust
estate of a year of income.
Clean Energy (Income Tax Rates Amendments) Act 2011
Compilation No. 1
Compilation date: 25/6/15
3
Registered: 7/7/15
Schedule 1 Personal tax rates
Part 1 Amendments applying from the 2012-13 year of income
(2) However, this Act applies in calculating the tax payable by the
trustee in respect of that share as if the reference in the table in
Part I of Schedule 7 to the tax-free threshold were a reference to
the amount calculated in accordance with the following formula, if
there are one or more part-year residency periods in relation to the
beneficiary in relation to the year of income:

Number of months in the year

of income when a part-year

residency period, or

part-year residency periods,

in relation to the beneficiary

in relation to the year



of income subsisted

The
tax-free

 $4,736    $4,736 
 threshold


12













3 Clause 1 of Part I of Schedule 7 (table items 1 and 2)
Repeal the items, substitute:
1
exceeds the tax-free threshold but does not
exceed $37,000
19%
2
exceeds $37,000 but does not exceed $80,000
32.5%
4 Subparagraph 2(b)(ii) of Division 2 of Part I of Schedule 8
Omit “$6,000”, substitute “the tax-free threshold”.
5 Paragraph 2(b) of Part I of Schedule 10
Omit “$6,000”, substitute “the tax-free threshold”.
6 Application provision
The amendments made by this Part apply to the 2012-13 year of income
and later years of income.
4
Compilation No. 1
Clean Energy (Income Tax Rates Amendments) Act 2011
Compilation date: 25/6/15
Registered: 7/7/15
Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a
compilation only as necessary.
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
amendment is set out in the endnotes.
Clean Energy (Income Tax Rates Amendments) Act 2011
Compilation No. 1
Compilation date: 25/6/15
5
Registered: 7/7/15
Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
A = Act
orig = original
ad = added or inserted
am = amended
par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)
amdt = amendment
pres = present
c = clause(s)
prev = previous
C[x] = Compilation No. x
(prev…) = previously
Ch = Chapter(s)
Pt = Part(s)
def = definition(s)
r = regulation(s)/rule(s)
Dict = Dictionary
Reg = Regulation/Regulations
disallowed = disallowed by Parliament
reloc = relocated
Div = Division(s)
renum = renumbered
exp = expires/expired or ceases/ceased to have
effect
rep = repealed
F = Federal Register of Legislative Instruments
s = section(s)/subsection(s)
gaz = gazette
Sch = Schedule(s)
LI = Legislative Instrument
Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003
SLI = Select Legislative Instrument
(md) = misdescribed amendment
SR = Statutory Rules
mod = modified/modification
Sub-Ch = Sub-Chapter(s)
No. = Number(s)
SubPt = Subpart(s)
o = order(s)
underlining = whole or part not
commenced or to be commenced
Ord = Ordinance
6
Compilation No. 1
rs = repealed and substituted
Clean Energy (Income Tax Rates Amendments) Act 2011
Compilation date: 25/6/15
Registered: 7/7/15
Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Act
Number
and year
Assent
Commencement
Application,
saving and
transitional
provisions
Clean Energy (Income
Tax Rates Amendments)
Act 2011
150, 2011
4 Dec 2011
Sch 1 (items 1–6): 1 July
2012 (s 2(1) item 2)
Remainder: 4 Dec 2011
(s 2(1) item 1)
Sch 1 (item 6)
Labor 2013‑14 Budget
72, 2015
26 June
2015
Sch 1 (items 1, 2):
26 June 2015 (s 2)
—
Savings (Measures
No. 1) Act 2015
Clean Energy (Income Tax Rates Amendments) Act 2011
Compilation No. 1
Compilation date: 25/6/15
7
Registered: 7/7/15
Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected
How affected
s 2 ..................................................
am No 72, 2015
Schedule 1
Part 2 .............................................
rep No 72, 2015
item 7 .............................................
rep No 72, 2015
item 8 .............................................
rep No 72, 2015
item 9 .............................................
rep No 72, 2015
8
Compilation No. 1
Clean Energy (Income Tax Rates Amendments) Act 2011
Compilation date: 25/6/15
Registered: 7/7/15