QueenslandTaxation
Administration Act 2001TaxationAdministrationRegulation2002Reprinted as in force on 1 July
2011Reprint No. 4AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOTE—This is the last reprint before
expiry.See SIA s 54
Information about this reprintThis
regulation is reprinted as at 1 July 2011. The reprint shows the
law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of reprints is included in the
endnotes.Also see endnotes for information
about—•when provisions commenced•editorial changes made in earlier
reprints.SpellingThe spelling of
certain words or phrases may be inconsistent in this reprint or
with otherreprints because of changes made in various
editions of the Macquarie Dictionary (forexample, in the
dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of
spellingwill be updated in the next authorised
reprint.Dates shown on reprintsReprints dated at
last amendmentAllreprintsproducedonorafter1July2002,authorised (that is, hard copy) and
unauthorised (that is, electronic), are dated as at the lastdate
of amendment. Previously reprints were dated as at the date of
publication. If anauthorised reprint is dated earlier than an
unauthorised version published before 1 July2002,itmeansthelegislationwasnotfurtheramendedandthereprintdateisthecommencement of the last amendment.If the
date of an authorised reprint is the same as the date shown for an
unauthorisedversion previously published, it merely means
that the unauthorised version was publishedbeforetheauthorisedversion.Also,anyrevisededitionofthepreviouslypublishedunauthorised
version will have the same date as that version.Replacement reprint dateIf the date of an
authorised reprint is the same as the dateshown on another
authorised reprint it means that one is the replacement of the
other.
Taxation Administration Regulation
2002[s 1]Taxation Administration Regulation
2002[as amended by all amendments that commenced
on or before 1 July 2011]1Short
titleThis regulation may be cited as theTaxation AdministrationRegulation
2002.2CommencementThis regulation
commences on 1 March 2002.3DefinitionsIn this
regulation—bank bill yield rate, for a
particular day, means the monthlyaverage yield of
90-day bank accepted bills published by theReserve Bank of
Australia for—(a)if the day is on or after 1 March 2002
but before 1 July2003—May 2001; or(b)if
the day is on or after 1 July 2003—the month of Mayin
the financial year immediately preceding the financialyear
in which the day occurs.Editor’s note—The
monthly average yield for 90-day bank accepted bills is
publishedin the Reserve Bank of Australia Bulletin
and can be accessed on theinternet at
<www.rba.gov.au>.BPAY facilitymeans a facility
by that name offered by BPAYPty Limited ACN
079 137 518.dutymeans a duty
imposed under theDuties Act 2001.payrolltaxmeanspayrolltaxchargeableunderthePayrollTax Act
1971, section 10.Reprint 4A
effective 1 July 2011Page 3
Taxation Administration Regulation 2002[s
3A]3APrescribed method of payment—Act, s
29(1)Forsection29(1)(b)oftheAct,thefollowingamountspayableunderataxlawmaybepaidtothecommissionerusing an
electronic payment method—(a)duty;(b)payroll tax;(c)land
tax;(d)penalty tax and unpaid tax interest
payable in relation toduty, payroll tax or land tax;(e)a cost or expense under section 117 of
the Act;(f)a cost under theDuties Act
2001, section 505;(g)a
self assessor penalty;(h)a fee under a
regulation made under theDuties Act 2001or theLand
Tax Act 2010.(2)In this
section—electronic payment methodmeans—(a)payment by electronic funds transfer;
or(b)payment by direct debit; or(c)payment by BPAY facility; or(d)if, under an assessment notice
relating to 1 or more ofthe amounts mentioned in subsection
(1)(a), (b), (c) and(d),theamountassessedisatleast$10butnotmorethan$50000—paymentbyVisaorMasterCardcreditcard; or(e)if
the amount mentioned in subsection (1)(e), (f), (g) or(h)
is at least $10 but not more than $50000—paymentby
Visa or MasterCard credit card.land taxmeans land tax levied under theLand
Tax Act 2010,section 6 or the repealedLand
Tax Act 1915, section 8.selfassessorpenaltymeansapenaltypayablebyaselfassessor under theDuties Act
2001, section 488.Page 4Reprint 4A effective 1 July
2011
Taxation Administration Regulation
2002[s 3B]3BElectronic payment—Act, s 29A(4),
definitionprescribedelectronic
wayFor the Act, section 29A(4),
definitionprescribed electronicway,
each of the following is an electronic way—(a)electronic funds transfer;(b)direct debit;(c)BPAY
facility.4Interest rate for general refunds—Act,
s 39For section 39(3)(b) of the Act, the
prescribed rate of interestis an annual
rate equal to the sum of the bank bill yield rate,rounded to the nearest second decimal point,
and 8%.5Waiver of tax law liability—Act, s
43For section 43(1) of the Act, the amount
prescribed is $20.00.6Unpaid tax
interest—Act, s 54(1)For section 54(2) of the Act, the
prescribed rate of unpaid taxinterest is an
annual rate equal to the sum of the bank bill yieldrate, rounded to the nearest second decimal
point, and 8%.(2)Forsection54(2A)(a)oftheAct,thedayoftheweekisSunday.7Interest rate for overpayments—Act, s
61For section 61(3) of the Act, the prescribed
rate of interest isan annual rate equal to the bank bill yield
rate, rounded to thenearest second decimal point.8Recognised laws—Act, s 78A
law stated in schedule 1 is a recognised law for the Act.Reprint 4A effective 1 July 2011Page
5
Taxation Administration Regulation 2002[s
9]9Corresponding commissioner for
recognised laws—Act,s 78(1)Thecorrespondingcommissionerfortherecognisedlawsstatedinschedule1,otherthanforparts1and6,isasfollows—(a)forpart2—theCommissionerforAustralianCapitalTerritoryRevenueundertheTaxationAdministrationAct 1999(ACT);(b)for
part 3—the Chief Commissioner, or Commissionerof State
Revenue, under theTaxation Administration Act1996(NSW);(c)forpart4—theCommissionerofTerritoryRevenueunder theTaxation
Administration Act 2007(NT);(d)for
part 5—the Commissioner of State Taxation undertheTaxation Administration Act 1996(SA);(e)for
part 7—the Commissioner of State Revenue undertheTaxation Administration Act 1997(Vic);(f)forpart8—theCommissionerofStateRevenueappointedunderthePublicSectorManagementAct1994(WA).(2)The corresponding commissioner for a
recognised law statedin schedule 1, part 1, is as
follows—(a)for theCustoms Act
1901—the Chief Executive OfficerofCustomsunderthatActandtheCommissionerofTaxationundertheTaxationAdministrationAct1953(Cwlth);(b)for all other laws—the Commissioner of
Taxation undertheTaxation Administration Act
1953(Cwlth).(3)The
corresponding commissioner for a recognised law statedin
schedule 1, part 6, is as follows—(a)forthefollowingActs—theCommissionerofStateRevenue under
theTaxation Administration Act 1997—(i)Debits Duties Act 2001;(ii)Duties Act
2001;Page 6Reprint 4A
effective 1 July 2011
Taxation Administration Regulation
2002[s 10](iii)Financial Institutions Duty Act 1986(repealed);(iv)Land
Tax Act 2000;(v)Payroll Tax Act
1971;(vi)Taxation
Administration Act 1997;(b)fortherepealedLandandIncomeTaxationAct1910—the person
performing the functions and duties,andexercisingthepowers,oftheCommissionerofTaxes under that Act;(c)for
the repealedPetroleum Products Business FranchiseLicencesAct1981—thepersonperformingthefunctions and duties, and exercising the
powers, of theRegistrarofPetroleumProductsBusinessFranchiseLicences under that Act;(d)fortherepealedStampDutiesAct1931—thepersonperforming the
functions and duties, and exercising thepowers,oftheCommissionerofStampDutiesunderthat Act;(e)fortherepealedTobaccoBusinessFranchiseLicencesAct1980—thepersonperformingthefunctionsandduties,andexercisingthepowers,oftheRegistrarofTobacco Business Franchise Licences under
that Act.10Expenses for attendance—Act, s
88(1)The following expenses are prescribed
for section 88(7) of theAct—(a)the
expenses incurred by a person for—(i)travellingtoandfromtheplacethepersonisrequired to attend; or(ii)accommodationandmealsifthepersonisnecessarilyabsentfromtheperson’splaceofresidence to attend the place the
person is requiredto attend;(b)any
loss of earnings or additional expenses incurred by apersonduringtheperson’sabsencefromtheperson’sReprint 4A
effective 1 July 2011Page 7
Taxation Administration Regulation 2002[s
11]placeofresidencetoattendtheplacethepersonisrequired to attend.(2)The
amount of the expenses to be paid to the person is theamountpayableundertheUniformCivilProcedure(Fees)Regulation 1999, part 4,
as—(a)forexpensesmentionedinsubsection(1)(a)(i)—atravelling
allowance; and(b)forexpensesmentionedinsubsection(1)(a)(ii)—anaccommodation
allowance; and(c)forexpensesmentionedinsubsection(1)(b)—anattendance allowance.(3)For
subsection (2), a reference in theUniform Civil
Procedure(Fees)Regulation1999,
part 4, to the court is taken to be areference to the
place the person is required to attend.11Non-application of s 147 of Act(1)Section 147(1) of the Act does not
apply to a taxpayer if thetaxpayerisnotrequiredtopaythetaxforaninstrument,transaction or
matter under—(a)an agreement between the taxpayers
liable to pay the taxfor the instrument, transaction or
matter; or(b)an Act relating to the instrument,
transaction or matter;or(c)a
court order or decision of QCAT.(2)Subsection (1)(a) does not apply to the
payment of payroll taxby a taxpayer.Page 8Reprint 4A effective 1 July
2011
Taxation Administration Regulation 2002EndnotesEndnotes1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.143Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .144Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .155List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .156List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .172Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that
commenced operation on or before 1 July 2011.Future amendments
of the Taxation Administration Regulation 2002 may be made
inaccordance with this reprint under the
Reprints Act 1992, section 49.3KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order
in council=omitted=original=page=paragraph=preceding=present=previousPage 14Key(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumberedReprint 4A
effective 1 July 2011
Taxation Administration Regulation
2002Endnotes4Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11AAmendments
tonone2002 SL No. 148Effective1
March 200221 June 2002Reprint
date1 March 200221 June
2002ReprintNo.1B1C1D1E22A2B2C2D2E2F2G33A3B3C3D44AAmendments included2002
SL No. 3042003 SL No. 2202004 SL No.
862004 SL No. 2682005 SL No.
123—2006 SL No. 1272007 SL No.
2642007 SL No. 2642007 SL No.
2642007 SL No. 2642009 Act No.
192009 Act No. 19—2009
Act No. 242010 SL No. 92010 Act No.
152010 SL No. 133—2011
SL No. 103Effective1 January
200319 September 20031 July
20041 July 20051 July
20051 July 20062 November
20077 January 20084 February
20083 March 200822 June
200930 June 200930 June
20091 December 200912 February
201030 June 20101 July
20101 July 20101 July
2011NotesR1E withdrawn,
see R2R2G withdrawn, see R3R3D withdrawn,
see R45List of legislationTaxation Administration Regulation 2002 SL
No. 13made by the Governor in Council on 7
February 2002notfd gaz 8 February 2002 pp 442–3ss
1–2 commenced on date of notificationremaining
provisions commenced 1 March 2002 (see s 2)exp 1 September
2012 (see SIA s 54)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—Reprint 4A effective 1 July 2011Page
15
Taxation Administration Regulation 2002EndnotesRevenue and Other
Legislation Amendment Regulation (No. 1) 2002 SL No. 148 pts1,
4notfd gaz 21 June 2002 pp 783–4commenced on date of notificationRevenue and Other Legislation Amendment
Regulation (No. 2) 2002 SL No. 304 ss 1,2(2), pt 4notfd
gaz 22 November 2002 pp 1018–21ss 1–2 commenced
on date of notificationremaining provisions commenced 1
January 2003 (see s 2(2))Revenue Legislation Amendment
Regulation (No. 1) 2003 SL No. 220 pts 1, 3notfd gaz 19
September 2003 pp 219–21commenced on date of
notificationRevenue Legislation Amendment Regulation (No.
2) 2004 SL No. 86 pts 1, 5notfd gaz 25 June 2004 pp
573–81ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2004
(see s 2)Taxation Legislation Amendment Regulation
(No. 1) 2004 SL No. 268 pts 1, 3notfd gaz 10
December 2004 pp 1195–8ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2005
(2005 SL No. 8)Revenue Legislation Amendment Regulation (No.
1) 2005 SL No. 123 pts 1, 5notfd gaz 24 June 2005 pp
639–45ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2005
(see s 2)Revenue Legislation Amendment Regulation (No.
1) 2006 SL No. 127 pts 1, 5notfd gaz 16 June 2006 pp
787–90ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2006
(see s 2)Taxation Administration Amendment Regulation
(No. 1) 2007 SL No. 264notfd gaz 2 November 2007 pp
1224–5ss 1–2 commenced on date of
notificationpt 3 commenced 7 January 2008 (see s
2(1))pt 4 commenced 4 February 2008 (see s
2(2))pt 5 commenced 3 March 2008 (see s
2(3))remaining provisions commenced on date of
notificationRevenue and Other Legislation Amendment Act
2009 No. 19 ss 1, 2(d), 94–95 schs1–2date
of assent 22 June 2009ss 1–2 commenced on date of
assentsch 2 amdts 2–5, 7, 9–11 commenced 30 June
2009 (see s 2(d))remaining provisions commenced on date of
assentPage 16Reprint 4A
effective 1 July 2011
Taxation Administration Regulation
2002EndnotesQueensland Civil
and Administrative Tribunal (Jurisdiction Provisions)
AmendmentAct 2009 No. 24 ss 1–2, ch 14 pt 10date
of assent 26 June 2009ss 1–2 commenced on date of
assentremaining provisions commenced 1 December
2009 (2009 SL No. 252)Revenue Legislation Amendment
Regulation (No. 1) 2010 SL No. 9 pts 1, 4notfd gaz 12
February 2010 pp 355–6commenced on date of
notificationLand Tax Act 2010 No. 15 ss 1–2, 98 sch
3date of assent 21 April 2010ss
1–2 commenced on date of assentremaining
provisions commenced 30 June 2010 (see s 2)Taxation
Administration Amendment Regulation (No. 1) 2010 SL No. 133notfd
gaz 25 June 2010 pp 823–30ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2010
(see s 2)Taxation Administration Amendment Regulation
(No. 1) 2011 SL No. 103notfd gaz 24 June 2011 pp 534–8ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2011 (see s 2)Note—An
explanatory note was prepared.6List
of annotationsDefinitionsprov hdgsub
2004 SL No. 268 s 15(1)s 3def“BPAY
facility”ins 2009 Act No. 19 s 95 sch 2def“duty”ins 2007 SL No.
264 s 7def“payroll tax”ins 2004 SL No.
268 s 15(2)sub 2007 SL No. 264 s 4amd 2009 Act No.
19 s 94 sch 1Prescribed method of payment—Act, s 29s
3Ains 2004 SL No. 268 s 16sub 2007 SL No.
264 s 8amd 2007 SL No. 264 ss 9–10; 2009 Act No. 19
s 95 sch 2; 2010 Act No. 15 s98 sch 3; 2010 SL
No. 133 s 4; 2011 SL No. 103 s 4Electronic
payment—Act, s 29A(4), definition “prescribed electronic
way”s 3Bins 2009 Act No. 19 s 95 sch 2Unpaid
tax interest—Act, s 54s 6sub 2009 Act No.
19 s 95 sch 2Reprint 4A effective 1 July 2011Page
17