Commonwealth Numbered Acts

INCOME TAX (ARRANGEMENTS WITH THE STATES) ACT 1978 No. 87 of 1978 - SECT 49

49. Section 221R of the Principal Act is amended-

   (a)  by inserting after sub-section (1) the following sub-section:
''(1A) Where-

   (a)  two or more debts in pursuance of sub-section (1) are owing by a
        person;

   (b)  an amount is paid to the Commissioner in respect of all or any of the
        debts; and

   (c)  the total amount of the debts exceeds the amount of the payment,

the Commissioner may, notwithstanding any direction given to him by or on
behalf of the person by whom the debts are owed, apply the payment in partial
discharge of the total amount of the debts and recover the amount by which the
total amount of the debts exceeds the amount of the payment without allocating
the payment towards the discharge of any particular debt or debts.''; and

   (b)  by adding at the end thereof the following sub-section:

''(3) A reference in this section to an amount payable to the Commissioner
under the provisions of this Division shall be read as including a reference
to-

   (a)  an amount the right to receive or to recover which has been assigned
        to the Commonwealth under the provisions of a law of a State referred
        to in paragraph (a) of sub-section (8) of section 10 or sub-section
        (4) of section  15 of the Income Tax (Arrangements with the States)
        Act 1978; and

   (b)  an amount payable to the Commissioner under section 78 of the Income
        Tax (Arrangements with the States) Act 1978.''.