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This is a Bill, not an Act. For current law, see the Acts databases.
LAND RENT BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Land Rent
Bill 2008
Contents
Page
Part 1.1 Land Tax
Act 2004 27
Part 1.2 Planning
and Development Act 2007 28
Part 1.3 Rates Act
2004 30
Part 1.4 Taxation
Administration Act 1999 30
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
A Bill for
An Act about the rental of certain residential leases, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Land Rent Act 2008.
Note This Act is a tax law under the Taxation
Administration Act. As a tax law, this Act is subject to provisions of the
Taxation Administration Act about the administration and enforcement of tax laws
generally.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition ‘related, for a
parcel of land, for part 5 (Land rent—payment and recovery of unpaid
rent)—see section 18.’ means that the term
‘related’ is defined in that section for part 5.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
(1) This Act applies to a single dwelling house lease granted by the
planning and land authority (other than to a territory authority).
Note The planning and land authority is authorised to grant, on
behalf of the Executive, leases that the Executive may grant on behalf of the
Commonwealth (see the Planning and Development Act 2007, s
237).
(2) However, this Act applies only in relation to a single dwelling house
lease—
(a) granted to a person eligible for a discount under section 11
(Discount—eligibility); or
(b) transferred by the person to someone else.
(3) In this section:
single dwelling house lease means a residential lease for a
single dwelling house granted under the Planning and Development
Act 2007, section 240.
(4) Subsection (2), and this subsection expire on—
(a) 31 December 2008; or
(b) if, before 31 December 2008, another date is fixed by
regulation—the date fixed.
6 Application—Taxation
Administration Act
(1) The Taxation Administration Act applies to this Act as
if—
(a) land rent payable under this Act were a tax; and
(b) the lessee under a land rent lease were a taxpayer in relation to land
rent under the lease.
(2) However, the following provisions of the Taxation Administration Act
do not apply to unpaid overdue land rent:
(a) section 25 (Interest in relation to tax defaults);
(b) division 5.2 (Penalty tax) and section 110 (Interest payable on
amounts to be paid by taxpayer).
7 Application
to pay land rent
(1) This section applies if the planning and land authority invites
applications for the ballot or direct sale of a single dwelling house lease that
may be subject to the condition that the lessee pays land rent for the
lease.
(2) An applicant for the grant of the lease may apply to the planning and
land authority to pay land rent for the lease.
Note 1 The planning and land authority may grant a lease under the
Planning and Development Act 2007, s 238.
Note 2 If a form is approved under the Planning and Development
Act 2007, s 425 for this provision, the form must be used.
(3) If the lease is granted, and an application is made under
subsection (2) in accordance with the regulations, the
lease—
(a) must be granted to the applicant subject to the condition that land
rent is payable for the lease; and
(b) must indicate that the lease is a land rent lease.
Note 1 The planning and land authority need not grant a lease to an
applicant, even if applications for the lease have been invited (see Planning
and Development Act 2007, s 244).
Note 2 If applications for a lease have been invited subject to
conditions, the planning and land authority may, without granting a lease,
invite fresh applications for the lease subject to the same or other conditions
(see Planning and Development Act 2007, s 244).
(4) A lease mentioned in subsection (3) is a land rent
lease.
(1) The land rent payable for a land rent lease for the year the lease is
first granted is—
(a) if the lessee is eligible for discounted land rent—the discount
percentage of the unimproved value of the parcel of land under the lease;
or
(b) if the lessee is not eligible for discounted land rent—the
standard percentage of the unimproved value of the parcel of land under the
lease.
Note Land rent is payable to the commissioner (see s 19).
(2) The land rent payable for a land rent lease for a year after the year
the lease is first granted is—
(a) if the lessee is eligible for discounted land rent—the lesser
of—
(i) the discount percentage of the unimproved value of the parcel of land
under the lease; and
(ii) the amount worked out as follows:
or;
(b) if the lessee is not eligible for discounted land rent—the
lesser of—
(i) the standard percentage of the unimproved value of the parcel of land
under the lease; and
(ii) the amount worked out as follows:
or;
(c) if the lessee, previously ineligible for discounted land rent, becomes
eligible for discounted land rent for the year—the lesser
of—
(i) the discount percentage of the unimproved value of the parcel of land
under the lease; and
(ii) the amount worked out as follows:
Note Discount percentage, relevant
percentage and standard percentage are defined in the
dictionary.
(3) In this section:
land rent payable for the previous year means the land rent
that would have been payable for the lease if it had been a land rent lease,
leased to the lessee, for the whole of the previous year.
unimproved value, of a parcel of land under a land rent lease
for a year, means the unimproved value—
(a) for subsection (1)—determined under the Rates Act 2004,
section 9 (First determination of unimproved value) for the year; and
(b) for subsection (2)—determined under the Rates Act 2004,
section 10 (1) (Annual redeterminations) for the year.
Part
3 Land rent—discount
In this part:
lessee, in relation to a proposed land rent lease, includes a
person proposed to be a lessee under the lease.
(1) An application for discounted land rent must be made to the
commissioner.
Note If a form is approved under the Taxation Administration Act,
s 139C for this provision, the form must be used.
(2) An application must include—
(a) evidence of the income of each lessee—
(i) for the year before the application is made; and
(ii) for the year in which the application is made; and
(b) details of any real property owned by each lessee.
(3) An application may be made—
(a) before the grant of the lease; or
(b) at any time during the term of the lease.
(1) The lessee of a land rent lease is eligible to pay discounted land
rent only if—
(a) the lessee, or any of the lessees, does not own other real property;
and
(b) the total income of the lessee, or all of the lessees, does not exceed
the income threshold amount; and
(c) if a certificate of occupancy is issued for the lease—the
lessee, or at least 1 of the lessees, lives on the parcel of land under the
lease.
Note Income threshold amount is defined in the
dictionary.
(2) In this section:
certificate of occupancy—see the Building Act
2004, dictionary.
12 Discount—decision
on application
(1) On receipt of an application under section 10, the commissioner
must—
(a) if the commissioner believes on reasonable grounds that the applicant
is eligible to pay discounted land rent—grant the discount; or
(b) in any other case—refuse to grant the discount.
(2) The commissioner must give the applicant written notice
of—
(a) the decision under subsection (1); and
(b) if the discount is refused—a written statement of the reasons
for the refusal.
(3) Subject to section 13, a discount granted during the term of a lease
commences at the start of the next year.
Note For the amount of land rent payable with a discount, see s
8 (1) (a) and (2) (a).
(1) This section applies if an application under section 10, made at any
time during the term of the lease—
(a) includes an application for the discount to be applied from the date
the application is made; and
(b) sets out details of the grounds on which that part of the application
is made.
(2) The commissioner must—
(a) if the commissioner believes on reasonable grounds that the lessee is
eligible to pay discounted land rent, and would suffer substantial financial
hardship without an immediate discount—apply the discount from the date
the application is made; or
(b) in any other case—refuse to apply the discount
immediately.
Note Section 30 (Land rent—discount for part of year) applies
if the lessee is eligible for a discount for only part of a year.
(3) If subsection (2) (b) applies, the notice given under
section 12 (2) must also include a written notice of the reasons not
to apply the discount from the date the application is made.
14 Discount—review
of eligibility
(1) This section applies to a lessee entitled to pay discounted land rent
in a year.
(2) The lessee must tell the commissioner if—
(a) the lessee, or any of the lessees, of the lease becomes the owner of
other real property; or
(b) if a certificate of occupancy is issued for the lease—all the
lessees stop living on the parcel of land under the lease.
(3) The lessee must tell the commissioner about an event mentioned in
subsection (2) not later than 30 days after the day the event happens.
(4) The lessee must, before 30 September in the following year,
declare—
(a) if there is only 1 lessee of the lease—the income of the lessee
for the year; and
(b) if there is more than 1 lessee of the lease—the total income of
all the lessees for the year; and
(c) whether the lessee, or any other lessee of the lease, owns any other
real property; and
(d) whether the lessee, or any of the lessees, of the lease continues to
live on the parcel of land under the lease.
(5) In this section:
certificate of occupancy—see the Building Act
2004, dictionary.
15 Discount—loss
of eligibility because of income
(1) This section applies if a lessee, previously eligible to pay
discounted land rent for a year, becomes ineligible for the discount because the
total income of the lessee, or all of the lessees, exceeds the income threshold
amount.
(2) The land rent payable by the lessee for the land rent lease for the
following year is—
(a) from 1 July to 30 September of the year—the land rent that would
be payable for the period if the lessee were eligible for a discount;
and
(b) from 1 October to 30 June of the year—75% of the lesser
of—
(i) the standard percentage of the unimproved value of the parcel of land
under the lease; and
(ii) the amount worked out as follows:
Note Discount percentage, relevant percentage and
standard percentage are defined in the dictionary.
(3) In this section:
land rent payable for the previous year means the land rent
that would have been payable for the lease if it had been a land rent lease,
leased to the lessee, for the whole of the previous year.
unimproved value, of a parcel of land under a land rent lease
for a year, means the unimproved value determined under the Rates
Act 2004, section 10 (1) (Annual redeterminations) for the
year.
16 Discount—loss
of eligibility for other reasons
(1) This section applies if a lessee, previously eligible to pay
discounted land rent for a year, becomes ineligible for the discount because of
1 of the following circumstances:
(a) the lessee, or any of the lessees, of the lease becomes the owner of
other real property;
(b) if a certificate of occupancy is issued for the lease—all the
lessees stop living on the parcel of land under the lease.
(2) The lessee is taken to become ineligible for the discount on the
1st day of the 1st quarter after the circumstance in subsection (1) (a) or
(b) happens.
(3) The land rent payable by the lessee for the land rent lease is, on and
from the day the lessee becomes ineligible for the discount, the lesser
of—
(a) the standard percentage of the unimproved value of the parcel of land
under the lease; and
(b) the amount worked out as follows:
Note 1 Discount percentage and standard
percentage are defined in the dictionary.
Note 2 Section 30 (Land rent—discount for part of year)
applies if the lessee is eligible for a discount for only part of a
year.
(4) In this section:
discounted land rent payable for the year means the
discounted land rent that would have been payable for the lease if it had been a
land rent lease, leased to the lessee, for the whole of the
year.
Part
4 Land
rent—transfers
Note A lessee may apply to the planning and land authority for a
variation of the lease to reduce the land rent payable to a nominal rent (see
Planning and Development Act 2007, s 272A (Application for rent payout
lease variation)).
17 Transfer
of lease—land rent
(1) This section applies if a land rent lease is transferred.
(2) Subject to section 11 (Discount—eligibility), section 29 (Land
rent—part of year) and section 30 (Land rent—discount for part of
year), the land rent payable for the land rent lease transferred is the standard
percentage of the unimproved value of the parcel of land under the
lease.
Note 1 A transferee may apply to the planning and land authority for
a variation of the lease to reduce the land rent payable to a nominal rent (see
Planning and Development Act 2007, s 272A (Application for rent payout
lease variation)).
Note 2 Standard percentage is defined in the
dictionary.
(3) In this section:
unimproved value, of a parcel of land under a transferred
land rent lease, means the unimproved value—
(a) for a land rent lease transferred in the year the lease is first
granted—determined under the Rates Act 2004, section 9 (First
determination of unimproved value) for the year; and
(b) for a land rent lease transferred in a year after the year the lease
is first granted—determined under the Rates Act 2004,
section 10 (1) (Annual redeterminations) for the year.
Part
5 Land rent—payment and recovery
of unpaid rent
18 Meaning
of related—pt 5
In this part:
related—a parcel of land is a related
parcel of land in relation to a land rent lease if—
(a) the lease and the parcel have the same owner; and
(b) if the parcel is a land rent lease—the commissioner has complied
with section 25 (Land rent—notice of rent in arrears) in relation to the
lease and the parcel; and
(c) the commissioner has, in relation to the parcel, complied
with—
(i) the Land Tax Act 2004, section 21 (Notice of land tax in
arrears); or
(ii) the Rates Act 2004, section 23 (Notice of rates in
arrears).
19 Lessee
to pay land rent
Land rent payable for a land rent lease is payable to the commissioner by
the lessee.
20 When
is land rent payable?
(1) The assessment notice for the land rent payable for a land rent lease
must state the dates for payment of the land rent (the payment
dates).
Note Assessments are made under the Taxation Administration Act
and objections may be made under that Act, s 100 (1) (a).
(2) The land rent is payable on the payment dates.
21 Unpaid
land rent—interest
(1) If the lessee of a land rent lease fails to pay an amount of land rent
by the payment date, the lessee is liable to pay interest at the determined rate
on the amount of unpaid land rent from the day the amount becomes payable until
the day the amount is paid.
(2) In this section:
determined rate, of interest, means the rate determined under
the Taxation Administration Act, section 139.
22 Unpaid
land rent—calculation of interest
(1) Interest on an amount of unpaid land rent is worked
out—
(a) for each calendar month when the amount remains unpaid; and
(b) on the 1st day of that month; and
(c) at the interest rate applying to that day; and
(d) on the total amount of land rent that is unpaid on a day when the
interest is worked out.
Note The Minister may determine an interest rate for this section
under the Taxation Administration Act, s 139.
(2) For subsection (1) (a), if an amount remains unpaid for part of a
calendar month, interest is payable for the whole month.
Example
Andrew’s land rent is due on 1 April. He doesn’t pay it until
15 May. Andrew has to pay interest worked out for the overdue period from 2
April to 15 May. Because of the operation of s (2), Andrew has to pay interest
for the period from 2 April to 1 June. Interest for the month from 2 April
to 1 May is at the rate applying on 2 April, which is the
1st day of the
1st month that the amount remains unpaid (see
s (1)). Interest for the month from 2 May to 1 June is at the rate applying on
2 May, which is the 1st day of the
2nd month that the amount remains unpaid (see
s (1)).
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
23 Unpaid
land rent—recovery
(1) The amount of any unpaid land rent, and any interest payable on the
amount, (the amount) is a debt owing to the Territory.
Note If an amount is owing under a law to a person by another
person, the person may recover the amount as a debt owing to the person in a
court of competent jurisdiction (see Legislation Act, s 177).
(2) The liability to pay the amount is joint and several if the liability
attaches to 2 or more people.
(3) The liability is a first charge on the lessee’s interest in the
lease.
(4) The commissioner may enter into an arrangement (which may include
provision for the payment of interest) for payment of the amount by
instalments.
(5) The commissioner may remit or refund all or part of an amount of
interest paid or payable by the lessee.
(6) The commissioner may write off the whole or part of a liability to pay
the amount if satisfied that action, or further action, to recover the amount
outstanding is impracticable or unwarranted.
24 Land
rent—charge on the land
(1) Land rent payable for a land rent lease is a charge on the interest
held by the lessee in the parcel of land under the lease.
(2) The charge takes priority over a sale, conveyance, transfer, mortgage,
charge, lien or encumbrance in relation to the parcel of land.
(3) The charge does not have effect against an honest purchaser of the
parcel of land for value if—
(a) the purchaser had obtained a certificate under section 31 (Certificate
of land rent and other charges) in relation to the parcel before the purchase;
and
(b) at the time of the purchase, the purchaser did not have notice of
liability under the charge.
25 Land
rent—notice of rent in arrears
(1) If land rent payable for a land rent lease has been in arrears for at
least 1 year, the commissioner may give the lessee written notice that the
land rent is in arrears.
(2) At any time after giving notice, the commissioner may declare, in
writing, that the land rent for the land rent lease is in arrears.
(3) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
26 Land
rent—sale of land rent lease for non-payment
(1) This section applies if—
(a) a land rent lease is held by a lessee under a lease from the
Commonwealth for a term of years; and
(b) the commissioner has complied with section 25 (Land rent—notice
of rent in arrears) in relation to the land rent lease; and
(c) land rent payable for the land rent lease is in arrears for at least
90 days after the day of notification under section 25 in relation to the
lease.
(2) The commissioner may apply to a court of competent jurisdiction for an
order for the sale of—
(a) the land rent lease; and
(b) any improvements made on or to the parcel of land under the land rent
lease.
(3) In the application, the commissioner may ask that the proceeds of the
sale also be applied in paying the total amount of any land tax or rates in
arrears for the land rent lease, and any land rent, land tax or rates in arrears
for 1 or more related parcels of land stated in the application.
(4) If the court is satisfied that this section applies to the land rent
lease, the court must—
(a) order the sale by public auction of the land rent lease, and any
improvements made on or to the parcel of land under the land rent lease, to pay
the total of the following:
(i) the total amount of land rent in arrears for the lease at the time the
court makes the order;
(ii) costs and expenses in relation to the declaration, application and
sale in relation to the lease;
(iii) if the commissioner has made a request mentioned in subsection (3)
in the application in relation to the lease or another parcel of
land—
(A) the total amount of any land tax or rates in arrears for the lease at
the time the court makes the order; and
(B) if the court is satisfied that a parcel is a related parcel of
land—the total amount of any land rent, land tax or rates in arrears for
the other parcel, at the time the court makes the order; and
(b) order that the proceeds be paid into court; and
(c) order that the title to the lease be transferred to the purchaser free
from mortgages and other encumbrances.
27 Sale
of land rent lease—application of proceeds
(1) This section applies to the proceeds of the sale of a land rent lease
under section 26.
(2) The proceeds of the sale are to be applied in the following
order:
(a) payment of the market value of the lease to the Territory;
(b) payment of the total of the amounts mentioned in
section 26 (4) (a) (i) to (iii) (A);
(c) payment of the amount owing to a person under a mortgage of the
improvements (or, if that amount is more than the amount of any remaining
proceeds, the remaining proceeds);
(d) subject to subsection (4), payment of the total of amounts to which
section 26 (4) (a) (iii) (B) applies (or, if that
amount is more than the amount of any remaining proceeds, the remaining
proceeds);
(e) subject to subsection (5), the payment of any balance to the
lessee.
(3) If there were 2 or more mortgagees of the improvements before the
sale, the court may make the orders about their respective entitlements that the
court considers just.
(4) On application by a person who has an interest in the improvements
otherwise than as lessee or mortgagee, the court may order that the person is
entitled to be paid the value of the person’s interest (as decided by the
court) in priority to the commissioner’s entitlement under subsection (2)
(d).
(5) On application by any other interested person, the court may order
payment out of court of all or part of any balance to a person other than the
person who was the lessee before the sale if the court considers it just to do
so.
(6) Any sale of the land rent lease under this section must be abandoned
if the lessee pays—
(a) the total land rent in arrears for the land rent lease; and
(b) if the commissioner has made a request under section 26 (3) in the
application in relation to any land tax or rates in arrears for the land rent
lease—the total amount of any land tax or rates in arrears for the land
rent lease at the time of the payment; and
(c) the costs and expenses incurred up to the time of payment in relation
to the declaration, application and sale in relation to the land rent lease;
and
(d) the costs and expenses reasonably incurred in relation to the
abandonment of the sale; and
Example
advising the public that an auction has been cancelled
Note An example is part of the Act, is
not exhaustive and may extend, but does not limit, the meaning of the provision
in which it appears (see Legislation Act, s 126 and s
132).
(e) if the commissioner has made a request under section 26 (3) in the
application in relation to 1 or more related parcels of land—the total
amount of any land rent, land tax or rates in arrears for the related parcel or
parcels at the time of the payment.
28 Sale
of land rent lease—application of proceeds without court
order
(1) This section applies to the proceeds of the sale of a land rent lease
under section 26.
(2) The commissioner must be paid out of court any amounts to which the
commissioner is entitled under section 27 (2) without a court order.
(3) If a person who was the lessee or mortgagee of the land rent lease
before the sale hands over to the court the certificate or other title to the
lease, the person must be paid out of court any amount to which the person is
entitled under section 27 (2) without a court order.
29 Land
rent—part of year
(1) This section applies to a land rent lease if, in a
year—
(a) the lessee starts paying land rent because the lease was transferred
to the lessee; or
(b) the lessee stops paying land rent because the lease has been varied to
reduce the rent payable to a nominal rent; or
(c) the lessee stops paying land rent because the lessee transferred the
lease.
(2) The amount of land rent payable by the lessee for the lease for the
year is the amount worked out as follows:
(3) In this section:
land rent otherwise payable for year means the land rent that
would have been payable by a lessee if the lessee were the lessee under a land
rent lease for the whole year.
lessee’s rental days in year means the number of days
in a year that the lessee was liable to pay land rent under the land rent
lease.
30 Land
rent—discount for part of year
(1) This section applies to a land rent lease if, in a year, the
lessee—
(a) starts paying discounted land rent; or
(b) stops paying discounted land rent.
(2) The amount of land rent payable by the lessee for the lease for the
year is the amount worked out as follows:
(3) In this section:
D means the number of days in the year.
DR means the discounted land rent payable for the land rent
lease.
DRD means the number of days in the year that the lessee is
eligible to pay discounted land rent for the lease.
SR means the land rent payable for the land rent lease
without a discount.
SRD means the number of days in the year that the lessee is
not eligible to pay discounted land rent for the lease.
31 Certificate
of land rent and other charges
(1) A person may apply to the commissioner for a certificate
of—
(a) the land rent payable for a land rent lease for a stated year;
and
(b) the land rent and any other amount immediately payable to the
commissioner under this Act in relation to the lease.
Note 1 A fee may be determined under s 32 for this
provision.
Note 2 If a form is approved under the Taxation Administration Act,
s 139C for an application, the form must be used.
Note 3 A single application form may be approved for this section
and the Land Tax Act 2004, s 41 and the Rates Act 2004, s 76 (see
Legislation Act s 255 (7)).
(2) The commissioner must give the applicant the certificate.
(3) The certificate is conclusive proof of the matters certified for an
honest buyer of the lease for value.
(4) For this section, land rent and other amounts are taken to be payable
immediately even though any necessary time after service of a notice has not
ended.
(1) The Minister may, in writing, determine fees for this Act
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3)
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
The following decisions are prescribed for the Taxation Administration Act,
section 100 (Objection):
(a) a decision under section 12 (Discount—decision on
application);
(b) a decision under section 13 (Discount—hardship).
Note Objections relating to the commissioner’s determination
of the unimproved value of a parcel of land are dealt with under the Rates
Act 2004, s 71.
(1) This section applies to a determination by the commissioner of an
objection to a decision mentioned in section 33.
(2) The determination is prescribed by the Taxation Administration Act,
section 107.
Note Applications for review by the AAT may also be made in relation
to determination by the commissioner of a decision on an objection to an
assessment.
35 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) A regulation may prescribe requirements in relation to an application
under section 7 (2) (Application to pay land rent).
Examples
1 evidence that the applicant has obtained advice from a registered
financial adviser, or attended a course, on the effect of a land rent lease and
any advantages and disadvantages of leasing a land rent lease
2 a certificate by the commissioner about the applicant’s eligibility
for discounted land rent
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) A regulation may provide that a provision of the Planning and
Development Act 2007 does not apply, or applies with stated modifications,
to a land rent lease.
(4) Subsection (3) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
(5) Subsections (3) and (4) and this subsection, and any regulation in
force under subsection (3), expire 2 years after the day this section
commences.
36 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
Schedule
1 Consequential
amendments
(see s 36)
Part
1.1 Land Tax Act
2004
omit
land tax
substitute
land tax, land rent
[1.2] Section
24 (4) (a) (iv)
omit
land tax
substitute
land tax, land rent
[1.3] Section
41 (1), note 3
substitute
Note 3 A single application form may be approved for this section
and the Land Rent Act 2008, s 31 and the Rates Act 2004, s 76 (see
Legislation Act s 255 (7)).
Part
1.2 Planning and Development Act
2007
substitute
(2) A lease granted under this section must include—
(a) a statement about whether the lease is a concessional lease; and
(b) for a land rent lease—a statement that the lease is a land rent
lease.
Note A grant must be lodged with the registrar-general under the
Land Titles Act 1925 (see Land Titles Act 1925, s 17
(2)).
[1.5] New
section 246 (2) (ab)
insert
(ab) a land rent lease; or
in part 9.5, insert
266A Application to land rent—pt
9.5
This part does not apply to a variation of land rent in accordance with the
provisions of a land rent lease.
substitute
(4) Subsections (2) and (3) do not apply to a variation
of—
(a) a rental lease—
(i) to reduce the rent payable to a nominal rent; or
(ii) otherwise affecting the rental provisions of the lease; or
(b) a land rent lease.
[1.8] Section
272 (1) (b)
substitute
(b) the lease is a lease (other than a land rent lease) under which rent
or additional rent is payable.
substitute
(1) This section applies to the following leases:
(a) a land rent lease;
(b) a lease that is included in a class of leases prescribed by
regulation.
[1.10] New
section 272B (2) (ab)
insert
(ab) for a land rent lease, all rent and other amounts payable to the
commissioner for revenue under the Land Rent Act 2008 up to the day of
variation in relation to the land comprised in the lease have been paid;
and
[1.11] Dictionary,
new definition of land rent lease
insert
land rent lease—see the Land Rent Act 2008,
section 7 (4).
omit
rates
substitute
rates, land rent
[1.13] Section
26 (4) (a) (iv)
omit
rates
substitute
rates, land rent
[1.14] Section
76 (1), note 3
substitute
Note 3 A single application form may be approved for this section
and the Land Rent Act 2008, s 31 and the Land Tax Act 2004, s 41
(see Legislation Act s 255 (7)).
Part
1.4 Taxation Administration Act
1999
[1.15] New
section 4 (fa)
insert
(fa) the Land Rent Act 2008;
[1.16] New
section 139 (1) (i) and (j)
insert
(i) a percentage for the Land Rent Act 2008, section 8 (Land rent
payable), section 15 (Discount—loss of eligibility because of income),
section 16 (Discount—loss of eligibility for other reasons) and section 17
(Transfer of lease—land rent);
(j) an income threshold amount for the Land Rent Act 2008,
section 11.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the
following terms:
• commissioner for revenue
• financial year
• person
• planning and land authority
• quarter
• territory authority.
commissioner means the commissioner for revenue.
discounted land rent means land rent discounted under part 3
(Land rent—discount).
discount percentage means the discount percentage determined
under the Taxation Administration Act, section 139.
Note Different percentage rates may be determined in relation to
different matters or classes of matters (see Legislation Act, s 48).
income threshold amount means the income threshold amount
determined under the Taxation Administration Act, section 139.
Note Different amounts may be determined in relation to different
matters or classes of matters (see Legislation Act, s 48).
land rent means land rent payable under this Act for a land
rent lease.
land rent lease—see section 7 (4).
related, for a parcel of land, for part 5 (Land
rent—payment and recovery of unpaid rent)—see section 18.
relevant percentage means the relevant percentage determined
under the Taxation Administration Act, section 139.
standard percentage means the standard percentage determined
under the Taxation Administration Act, section 139.
Taxation Administration Act means the Taxation
Administration Act 1999.
tax law—see the Taxation Administration Act, section
4.
year means a financial year.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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