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TASMANIA
__________
TREASURY MISCELLANEOUS (AFFORDABLE
HOUSING AND YOUTH EMPLOYMENT
SUPPORT) BILL 2022
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
4. Section 46A amended (Interpretation of Division 2A)
5. Section 46D amended (Eligible transaction)
6. Section 46J amended (Interpretation of Division 2B)
7. Section 46M amended (Eligible transaction)
PART 3 - FIRST HOME OWNER GRANT ACT 2000 AMENDED
8. Principal Act
9. Section 18 amended (Amount of grant)
10. Section 18J inserted
18J. Conditions on increase in grant
PART 4 - HOMEBUILDER GRANTS ACT 2020 AMENDED
11. Principal Act
12. Section 13A inserted
[Bill 7]-VI
13A. Commissioner may extend period for transaction
completion in certain circumstances
PART 5 - PAYROLL TAX REBATE (APPRENTICES, TRAINEES AND
YOUTH EMPLOYEES) ACT 2017 AMENDED
13. Principal Act
14. Section 3 amended (Interpretation)
15. Section 29 amended (Repeal of Act)
PART 6 - MISCELLANEOUS
16. Repeal of Act
2
TREASURY MISCELLANEOUS (AFFORDABLE
HOUSING AND YOUTH EMPLOYMENT
SUPPORT) BILL 2022
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
10 March 2022
(Brought in by the Minister for Finance, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Duties Act 2001, the First Home
Owner Grant Act 2000, the HomeBuilder Grants Act 2020
and the Payroll Tax Rebate (Apprentices, Trainees and
Youth Employees) Act 2017
Be it enacted by Her 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 Treasury
Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022.
[Bill 7] 3
Treasury Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022
Act No. of 2022
s. 2 Part 1 - Preliminary
2. Commencement
(1) Except as provided in this section, the provisions
of this Act commence on the day on which this
Act receives the Royal Assent.
(2) Part 3 commences on 1 July 2022.
(3) Part 2 is taken to have commenced on
1 January 2022.
4
Treasury Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022
Act No. of 2022
Part 2 - Duties Act 2001 Amended s. 3
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 46A amended (Interpretation of Division
2A)
Section 46A of the Principal Act is amended by
omitting "30 June 2022" from the definition of
eligible period and substituting "30 June 2023".
5. Section 46D amended (Eligible transaction)
Section 46D(1)(d) of the Principal Act is
amended by omitting "$500 000" and
substituting "$600 000".
6. Section 46J amended (Interpretation of Division 2B)
Section 46J of the Principal Act is amended by
omitting "30 June 2022" from the definition of
eligible period and substituting "30 June 2023".
_______________________________________________________________
*No. 15 of 2001
5
Treasury Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022
Act No. of 2022
s. 7 Part 2 - Duties Act 2001 Amended
7. Section 46M amended (Eligible transaction)
Section 46M(c) of the Principal Act is amended
by omitting "$500 000" and substituting
"$600 000".
6
Treasury Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022
Act No. of 2022
Part 3 - First Home Owner Grant Act 2000 Amended s. 8
PART 3 - FIRST HOME OWNER GRANT ACT 2000
AMENDED
8. Principal Act
In this Part, the First Home Owner Grant Act
2000* is referred to as the Principal Act.
9. Section 18 amended (Amount of grant)
Section 18(2) of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (ai):
(aj) if the first home owner grant
relates to an eligible transaction
that satisfies section 18J, the
amount is $30 000; or
(b) by omitting from paragraph (b) "section
18A, 18B, 18C, 18D, 18E, 18F, 18G,
18H or 18I" and substituting "section
18A, 18B, 18C, 18D, 18E, 18F, 18G,
18H, 18I or 18J".
10. Section 18J inserted
After section 18I of the Principal Act, the
following section is inserted in Division 5:
_______________________________________________________________
*No. 19 of 2000
7
Treasury Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022
Act No. of 2022
s. 10 Part 3 - First Home Owner Grant Act 2000 Amended
18J. Conditions on increase in grant
(1) An eligible transaction satisfies this
section if -
(a) the commencement date of the
eligible transaction is on or after
1 July 2022 but before
1 July 2023; and
(b) the eligible transaction is
completed in accordance with
section 13(5) within 24 months
after the commencement date of
the eligible transaction.
(2) If satisfied there are good reasons to do
so and if a request by the applicant is
made before a decision on the application
has been varied or reversed under
section 23, the Commissioner may
extend the period referred to in
subsection (1) for the eligible transaction
to be completed, even though the period
has expired.
(3) Despite subsection (1), an eligible
transaction does not satisfy this section if
the Commissioner considers that the
eligible transaction replaces a
transaction, entered into before
1 July 2022, that is for the same property
and that is between substantially, or that
benefits substantially, the same parties.
8
Treasury Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022
Act No. of 2022
Part 3 - First Home Owner Grant Act 2000 Amended s. 10
(4) For the avoidance of doubt, a payment of
$30 000 that -
(a) was made in anticipation of the
Treasury Miscellaneous
(Affordable Housing and Youth
Employment Support) Act 2022
receiving the Royal Assent; and
(b) was made on or after 1 July 2022
but before the Treasury
Miscellaneous (Affordable
Housing and Youth Employment
Support) Act 2022 received the
Royal Assent -
is taken to be a first home owner grant
payment, for the purposes of this Act,
made in relation to an eligible transaction
to which this section, as inserted by that
Act, applies.
9
Treasury Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022
Act No. of 2022
s. 11 Part 4 - HomeBuilder Grants Act 2020 Amended
PART 4 - HOMEBUILDER GRANTS ACT 2020
AMENDED
11. Principal Act
In this Part, the HomeBuilder Grants Act 2020*
is referred to as the Principal Act.
12. Section 13A inserted
After section 13 of the Principal Act, the
following section is inserted in Part 2:
13A. Commissioner may extend period for
transaction completion in certain
circumstances
(1) In this section -
completion period, in respect of an
eligible transaction, means the
period specified in
section 13(1)(e) that applies to
the eligible transaction.
(2) A person may apply to the Commissioner
for an extension of the completion period
of an eligible transaction if -
(a) the person's application for the
Tasmanian HomeBuilder grant
has been approved in respect of
the eligible transaction; and
_______________________________________________________________
*No. 15 of 2020
10
Treasury Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022
Act No. of 2022
Part 4 - HomeBuilder Grants Act 2020 Amended s. 12
(b) circumstances, outside of the
control of the person, mean that
the transaction has not been, or is
unlikely to be, completed before
the expiry of that period.
(3) An application under subsection (2) -
(a) is to be in a form approved by the
Commissioner; and
(b) may be made before the expiry of
the completion period to which
the application relates; and
(c) must be made no later than 6
months after the expiry of the
completion period to which the
application relates.
(4) After considering an application under
subsection (2) to extend the completion
period for an eligible transaction, the
Commissioner may -
(a) extend the completion period,
whether or not that completion
period has expired, if the
Commissioner is satisfied that it
is reasonable in the circumstances
to do so; or
(b) refuse to extend the completion
period.
11
Treasury Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022
Act No. of 2022
s. 12 Part 4 - HomeBuilder Grants Act 2020 Amended
(5) The Commissioner may, under
subsection (4)(a), extend the completion
period for an eligible transaction subject
to such conditions that the Commissioner
considers appropriate.
(6) If the Commissioner extends the
completion period for an eligible
transaction under subsection (4)(a), the
Commissioner is to notify the applicant
for the extension, in writing, of the
following matters:
(a) that the period has been extended;
(b) the duration of the extension;
(c) each condition that applies in
respect of the extension.
(7) If the Commissioner refuses to extend
the completion period for an eligible
transaction under subsection (4)(b), the
Commissioner is to notify the applicant
for the extension, in writing, of the
refusal to grant the extension.
(8) For the avoidance of doubt, a completion
period for an eligible transaction may be
extended more than once under this
section.
12
Treasury Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022
Act No. of 2022
Part 5 - Payroll Tax Rebate (Apprentices, Trainees and Youth Employees) s. 13
Act 2017 Amended
PART 5 - PAYROLL TAX REBATE (APPRENTICES,
TRAINEES AND YOUTH EMPLOYEES) ACT 2017
AMENDED
13. Principal Act
In this Part, the Payroll Tax Rebate
(Apprentices, Trainees and Youth Employees)
Act 2017* is referred to as the Principal Act.
14. Section 3 amended (Interpretation)
The definition of eligible period in section 3 of
the Principal Act is amended as follows:
(a) by omitting from paragraph (a)
"30 June 2022" and substituting
"30 June 2024";
(b) by omitting from paragraph (ab)(ii)
"30 June 2022" and substituting
"30 June 2024";
(c) by omitting from paragraph (b)(ii)
"30 June 2022" and substituting
"30 June 2024".
15. Section 29 amended (Repeal of Act)
Section 29 of the Principal Act is amended by
omitting "30 June 2025" and substituting
"30 June 2027".
_______________________________________________________________
*No. 23 of 2017
13
Treasury Miscellaneous (Affordable Housing and Youth
Employment Support) Act 2022
Act No. of 2022
s. 16 Part 6 - Miscellaneous
PART 6 - MISCELLANEOUS
16. Repeal of Act
This Act is repealed on the first anniversary of
the day on which its last uncommenced
provision commenced.