Western Australian Current Acts Western Australian Current Acts (1) On an application
under section 96B the Minister, with the Treasurer’s concurrence, may
determine that a relevant body is a beneficial body for the purposes of the
taxation Acts.
(2) The Minister, with
the Treasurer’s concurrence, may amend or revoke a beneficial body
determination.
(3) The Minister may
make, amend or revoke a beneficial body determination only if the Minister is
of the opinion that it is in the public interest to do so and after
considering any information that the Minister considers relevant.
(4) The Minister must
—
(a)
provide written reasons to the applicant for a decision in relation to an
application under section 96B; and
(b)
provide written reasons for a decision to amend or revoke a beneficial body
determination to the body in respect of which the determination is made.
(5) The Minister is to
publish notice of the making, amendment or revocation of a beneficial body
determination in the Gazette .
(6) A beneficial body
determination is subject to the conditions specified in the determination (if
any).
(7) A beneficial body
determination made under this section comes into force —
(a) for
the purposes of this Act — on the day on which the determination is
made; and
(b) for
the purposes of the Land Tax Assessment Act 2002 and the
Pay-roll Tax Assessment Act 2002 — on the day specified in the notice in
respect of each Act.
(8) Despite subsection
(7)(a), a beneficial body determination made under this section applies in
relation to the relevant body in respect of —
(a) the
dutiable transaction, or acquisition, that is the subject of the application
under section 96B (the original transaction ); and
(b) any
other transaction —
(i)
that was entered into or occurred after the original
transaction but before the determination was made; and
(ii)
on which duty would not have been chargeable under
section 95 (including for the purposes of section 168) had the determination
been in force for the purposes of this Act in respect of the relevant body.
(9) The Commissioner
is to reassess the liability to duty of each transaction in respect of which a
beneficial body determination applies under subsection (8).
(10) The limitations
as to time in the Taxation Administration Act section 17 do not apply in
respect of a reassessment under subsection (9).
(11) A beneficial body
determination continues in force until the day on which notice of the
revocation is published in the Gazette , and different days may be specified
for each Act in respect of which the determination is in force.
[Section 96C inserted: No. 8 of 2015 s. 6.]