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TASMANIA
__________
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2006
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 35 amended (Vesting order)
6. Section 53 amended (Exemptions relating to various
transactions)
7. Section 54 inserted
54. Contracts of sale under Homes Act 1935
8. Section 56 amended (Exemptions - break-down of marriages)
9. Section 59A inserted
59A. Company to be treated as private company in certain
circumstances
10. Section 178 amended (Who is an insurer?)
11. Section 214 amended (Applicable exemptions)
12. Section 227 amended (Miscellaneous exemptions)
PART 3 - DUTIES ACT 2001 FURTHER AMENDED
13. Principal Act
[Bill 9]-I
14. Section 163 amended (What is general insurance?)
PART 4 - FIRE SERVICE ACT 1979 AMENDED
15. Principal Act
16. Section 77F amended (Inspectors)
PART 5 - PAY-ROLL TAX ACT 1971 AMENDED
17. Principal Act
18. Section 2AAB amended (Central fund scheme contributions
constitute wages for pay-roll tax purposes)
19. Section 49 amended (Regulations)
PART 6 - PAY-ROLL TAX ACT 1971 FURTHER AMENDED
20. Principal Act
21. Section 2AAA amended (Certain trust distributions constitute
wages for pay-roll tax purposes)
PART 7 - TAXATION ADMINISTRATION ACT 1997 AMENDED
22. Principal Act
23. Section 4 amended (Meaning of taxation laws)
24. Section 34A inserted
34A. Imposition of interest where making of duty
assessment delayed
25. Section 118A inserted
118A. Administrative fee
2
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2006
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Duties Act 2001, the Fire Service Act
1979, the Pay-roll Tax Act 1971 and the Taxation
Administration Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Taxation and
Related Legislation (Miscellaneous
Amendments) Act 2006.
2. Commencement
(1) This Act, except as specified in subsections (2)
and (3), commences on the day on which this
Act receives the Royal Assent.
(2) Part 3 commences on 1 July 2007.
(3) Part 6 is taken to have commenced on
1 July 2005.
[Bill 9] 3
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2006
Act No. of
s. 3 Part 2 - Duties Act 2001 Amended
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "insurance
intermediary" and substituting the
following definition:
"insurance intermediary" means -
(a) a person who arranges
contracts of insurance in
Tasmania -
(i) for reward; or
(ii) as an agent for a
person carrying on
a business of
insurance; or
(b) a financial services
licensee (as defined in
section 761A of the
*No. 15 of 2001
4
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2006
Act No. of
Part 2 - Duties Act 2001 Amended s. 5
Corporations Act 2001 of
the Commonwealth)
whose licence covers the
arrangement of contracts
of insurance as an agent
for a person carrying on a
business of insurance; or
(c) a regulated principal (as
defined in section 1430 of
the Corporations Act
2001 of the
Commonwealth) when
carrying on business as an
insurance broker as
regulated by Subdivision
D of Division 1 of Part
10.2 of that Act;
(b) by inserting "domain name," after
"trading name," in paragraph (a) of the
definition of "intellectual property";
(c) by inserting "domain name," after
"trading name," in paragraph (b)(i) of the
definition of "intellectual property".
5. Section 35 amended (Vesting order)
Section 35(1) of the Principal Act is amended by
omitting "land" third occurring and substituting
"capital".
5
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2006
Act No. of
s. 6 Part 2 - Duties Act 2001 Amended
6. Section 53 amended (Exemptions relating to various
transactions)
Section 53 of the Principal Act is amended by
omitting paragraph (b).
7. Section 54 inserted
After section 53 of the Principal Act, the
following section is inserted in Part 6:
54. Contracts of sale under Homes Act 1935
Notwithstanding section 7(1), liability for
duty on a contract of sale made under
section 17 of the Homes Act 1935 does
not arise until a transfer is executed
pursuant to the contract.
8. Section 56 amended (Exemptions - break-down of
marriages)
Section 56(3)(b) of the Principal Act is amended
by omitting "pursuant to" and substituting
"effected by or in accordance with".
9. Section 59A inserted
After section 59 of the Principal Act, the
following section is inserted in Division 1:
6
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2006
Act No. of
Part 2 - Duties Act 2001 Amended s. 10
59A. Company to be treated as private company
in certain circumstances
Notwithstanding the definition of
"private company" in section 3, for the
purposes of this Chapter, a company is a
private company if the Commissioner is
satisfied that its listing on a recognised
stock exchange was part of an
arrangement or scheme having as its
purpose, or one of its purposes, the defeat
of the objects of this Chapter.
10. Section 178 amended (Who is an insurer?)
Section 178(2)(c) of the Principal Act is
amended by omitting "registered under" and
substituting "authorised as a general insurer
under".
11. Section 214 amended (Applicable exemptions)
Section 214(1) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (a) "acquired
for the sole" and substituting "acquired
and used solely for the";
(b) by inserting in paragraph (b) "and used
solely" after "acquired";
7
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2006
Act No. of
s. 12 Part 2 - Duties Act 2001 Amended
(c) by inserting in paragraph (c) "and used
solely" after "acquired".
12. Section 227 amended (Miscellaneous exemptions)
Section 227(1) of the Principal Act is amended
by omitting paragraph (h).
8
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2006
Act No. of
Part 3 - Duties Act 2001 Further Amended s. 13
PART 3 - DUTIES ACT 2001 FURTHER AMENDED
13. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
14. Section 163 amended (What is general insurance?)
Section 163(2) of the Principal Act is amended
as follows:
(a) by omitting "General" and substituting
"Notwithstanding subsection (3),
general";
(b) by inserting "regardless of how, or by
whom, the insurance is effected" after
"disease".
*No. 15 of 2001
9
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2006
Act No. of
s. 15 Part 4 - Fire Service Act 1979 Amended
PART 4 - FIRE SERVICE ACT 1979 AMENDED
15. Principal Act
In this Part, the Fire Service Act 1979* is
referred to as the Principal Act.
16. Section 77F amended (Inspectors)
Section 77F(1) of the Principal Act is amended
by omitting "authorize" and substituting
"authorise an authorised officer appointed under
the Taxation Administration Act 1997 and".
*No. 35 of 1979
10
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2006
Act No. of
Part 5 - Pay-roll Tax Act 1971 Amended s. 17
PART 5 - PAY-ROLL TAX ACT 1971 AMENDED
17. Principal Act
In this Part, the Pay-roll Tax Act 1971* is
referred to as the Principal Act.
18. Section 2AAB amended (Central fund scheme
contributions constitute wages for pay-roll tax
purposes)
Paragraph (b) of the definition of "central fund
scheme" in section 2AAB(3) of the Principal Act
is amended as follows:
(a) by omitting "various employers pay" and
substituting "an employer pays";
(b) by omitting "their" first occurring and
substituting "its".
19. Section 49 amended (Regulations)
Section 49(1) of the Principal Act is amended by
omitting paragraph (d).
*No. 43 of 1971
11
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2006
Act No. of
s. 20 Part 6 - Pay-roll Tax Act 1971 Further Amended
PART 6 - PAY-ROLL TAX ACT 1971 FURTHER
AMENDED
20. Principal Act
In this Part, the Pay-roll Tax Act 1971* is
referred to as the Principal Act.
21. Section 2AAA amended (Certain trust distributions
constitute wages for pay-roll tax purposes)
Section 2AAA of the Principal Act is amended
by inserting after subsection (7) the following
subsection:
(8) For the purposes of this section -
"industrial instrument" means an
award, enterprise agreement or
industrial agreement within the
meaning of the Industrial
Relations Act 1984, or an award,
certified agreement, Australian
workplace agreement or old IR
agreement within the meaning of
the Workplace Relations Act 1996
of the Commonwealth.
*No. 43 of 1971
12
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2006
Act No. of
Part 7 - Taxation Administration Act 1997 Amended s. 22
PART 7 - TAXATION ADMINISTRATION ACT 1997
AMENDED
22. Principal Act
In this Part, the Taxation Administration Act
1997* is referred to as the Principal Act.
23. Section 4 amended (Meaning of taxation laws)
Section 4 of the Principal Act is amended by
inserting after paragraph (ac) the following
paragraph:
(b) Land Tax Rating Act 2000;
24. Section 34A inserted
After section 34 of the Principal Act, the
following section is inserted in Division 1:
34A. Imposition of interest where making of duty
assessment delayed
(1) If in the opinion of the Commissioner the
actions of the taxpayer or the taxpayer's
representative, or both the taxpayer and
the taxpayer's representative,
unnecessarily delay the making of a duty
assessment, the Commissioner may
*No. 74 of 1997
13
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2006
Act No. of
s. 25 Part 7 - Taxation Administration Act 1997 Amended
impose interest from the end of the last
day for payment until the day on which
the duty is paid.
(2) For the purposes of subsection (1), the
"last day for payment" is the last day of
the period of 3 months after the liability
for duty arises as provided in section 10
of the Duties Act 2001.
25. Section 118A inserted
After section 118 of the Principal Act, the
following section is inserted in Division 4:
118A. Administrative fee
(1) If a person lodges an instrument with the
Commissioner for assessment or lodges a
return with the Commissioner, the
Commissioner may charge that person a
prescribed fee.
(2) For the purposes of this section -
"instrument" has the meaning given
to that term in the Duties Act
2001.
14 Government Printer, Tasmania