Victorian Numbered Acts

DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE TRANSACTION) ACT 2016 (NO. 10 OF 2016) - SECT 78

    (1)     A State tax or fee is not chargeable or applicable in relation to a relevant matter if that relevant matter—

        (a)     relates only to a public sector entity; or

        (b)     is a matter to which only public sector entities are parties.

    (2)     A State tax or fee is not payable by a person or body (other than a public sector entity) in relation to a relevant matter to the extent (if any) that the Premier, by order, directs, either generally or in a particular case.

    (3)     An order may be made under subsection (2) before or after the liability to pay the State tax or fee concerned accrues.

    (4)     An order under subsection (2) may specify the date of completion of an authorised transaction.

    (5)     The Premier must give a copy of an order under subsection (2) to the Commissioner of State Revenue or other person or entity to whom the State tax or fee would be payable but for the order.

    (6)     The Premier may certify, in writing, any of the following things as a relevant matter—

        (a)     a thing that the Premier considers has been done in consequence of a vesting of assets, rights or liabilities by virtue of Part 4;

        (b)     a transaction occurring within 6 months after the designated date of completion of an authorised transaction that the Premier considers has been entered into in connection with the transfer of port assets to a private sector entity pursuant to the authorised transaction.

    (7)     In this section—

"relevant matter" means any of the following—

        (a)     an authorised transaction;

        (b)     a transaction arrangement;

        (c)     the issue, disposal or purchase of shares, units in a unit trust or other securities in or issued by a company for the purposes of an authorised transaction;

        (d)     a vesting of assets, rights or liabilities by virtue of Part 4;

        (e)     a thing certified by the Premier under subsection (6);

        (f)     any other matter for the purposes of an authorised transaction that is prescribed by the regulations;

"State tax or fee "means duty under the Duties Act 2000 or any other tax, duty, fee or charge imposed by or under any other Act.