Taxation Administration Act 1953

The Commissioner may, for the purposes of meeting the special circumstances of a particular case or class of cases, vary the *amount required to be withheld by an entity from a *withholding payment (except a withholding payment covered by section 12‑140, 12‑145, 12‑175 or 12‑180 or Subdivision 12‑FC or 12‑H). If the Commissioner does so, the amount is varied accordingly.

Section 12‑140 is about a payment arising from an investment where the recipient does not quote its tax file number (or, in some cases, its ABN).

Sections 12‑175 and 12‑180 are about a payment of the income of a closely held trust to a beneficiary, where the beneficiary does not quote the beneficiary’s tax file number.

Section 12‑145 is about an investor becoming presently entitled to income of a unit trust.

Subdivision 12‑H is about distributions of withholding MIT income.

The Commissioner’s power to vary an amount includes the power to reduce the amount to nil.

A variation must be made:

if it applies to a particular entity—by a written notice given to that entity; or

if it applies to a class of entities—by legislative instrument.