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This is a Bill, not an Act. For current law, see the Acts databases.
State Revenue and Other Legislation
Amendment (Budget Measures)
Bill 2013
No , 2013
A Bill for
An Act to make miscellaneous amendments to certain State revenue and other
legislation in connection with the Budget for the year 2013-2014; and for other
purposes.
State Revenue and Other Legislation Amendment (Budget Measures)
Clause 1 Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the State Revenue and Other Legislation Amendment 3
(Budget Measures) Act 2013. 4
2 Commencement 5
(1) This Act commences on the date of assent to this Act, subject to 6
subsection (2). 7
(2) The amendments made by the Schedules to this Act commence on the 8
day or days specified in those Schedules in relation to the amendments 9
concerned. If a commencement date is not specified, the amendments 10
commence on the date of assent to this Act. 11
3 Explanatory notes 12
The matter appearing under the heading "Explanatory note" in any of 13
the Schedules to this Act does not form part of this Act. 14
Page 2
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Amendment of Duties Act 1997 No 123 Schedule 1
Schedule 1 Amendment of Duties Act 1997 No 123 1
[1] Section 11 What is "dutiable property"? 2
Omit the note at the end of section 11 (3). Insert instead: 3
Note. Part 4 of this Chapter provides for the abolition, on a date or dates 4
to be appointed by proclamation, of duty on transfers of some of the 5
types of dutiable property listed above. 6
The following types of dutiable property cease to be dutiable property on 7
the abolition date appointed by the Governor: 8
(a) shares and units referred to in subsection (1) (d) and (e), 9
(b) business assets referred to in subsection (1) (g), 10
(c) statutory licences or permissions referred to in subsection (1) (h), 11
(d) gaming machine entitlements referred to in subsection (1) (h1). 12
[2] Section 26 13
Omit sections 26 and 26A. Insert instead: 14
26 Certain transactions concerning goods and other property 15
(1) If a dutiable transaction involves goods and other dutiable 16
property, the Chief Commissioner may disregard the value of the 17
goods in the transaction if the dutiable value of the other property 18
does not exceed 10% of the dutiable value of all the dutiable 19
property in the transaction. 20
(2) This section does not enable the Chief Commissioner to disregard 21
the value of goods used in connection with a business in respect 22
of which the goodwill of the business is, or is part of, the dutiable 23
property. 24
[3] Section 28 Apportionment--business assets in this and other 25
jurisdictions 26
Omit section 28 (6) and the note. Insert instead: 27
(6) This section applies only to dutiable transactions that occur 28
before the date appointed under section 33B as the abolition date 29
for duty on transfers of business assets. 30
[4] Section 33B 31
Insert before section 34: 32
33B Appointment of date for abolition of duties 33
(1) The Governor may, by proclamation, appoint a date as the 34
abolition date for any of the following duties: 35
Page 3
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Schedule 1 Amendment of Duties Act 1997 No 123
(a) duty on transfers of marketable securities and commercial 1
fishery shares, 2
(b) duty on transfers of business assets, 3
(c) duty on transfers of statutory licences or permissions and 4
gaming machine entitlements. 5
(2) The same or different abolition dates may be appointed for each 6
duty. 7
(3) In this Part: 8
business asset means a business asset referred to in section 11 9
(1) (g). 10
commercial fishery share means a share in a share management 11
fishery (within the meaning of the Fisheries Management Act 12
1994). 13
gaming machine entitlement means a gaming machine 14
entitlement within the meaning of the Gaming Machines Act 15
2001. 16
statutory licence or permission means a statutory licence or 17
permission under a New South Wales law. 18
[5] Section 34 Effect of appointment of abolition date--marketable 19
securities and commercial fishery shares 20
Omit "1 July 2013" wherever occurring. Insert instead "the abolition date". 21
[6] Section 34 (3) 22
Omit the definition of commercial fishery share. Insert instead: 23
abolition date means the date appointed under section 33B as the 24
abolition date for duty on transfers of marketable securities and 25
commercial fishery shares. 26
[7] Section 35 Effect of appointment of abolition date--business assets 27
Omit section 35 (1). Insert instead: 28
(1) On and from the abolition date, a business asset is not dutiable 29
property (despite section 11). 30
[8] Section 35 (2) 31
Omit "1 July 2013". Insert instead "the abolition date". 32
Page 4
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Amendment of Duties Act 1997 No 123 Schedule 1
[9] Section 35 (3) 1
Insert after section 35 (2): 2
(3) In this section: 3
abolition date means the date appointed under section 33B as the 4
abolition date for duty on transfers of business assets. 5
[10] Section 36 Effect of appointment of abolition date--licences, 6
permissions and entitlements 7
Omit section 36 (1). Insert instead: 8
(1) On and from the abolition date, a statutory licence or permission, 9
or a gaming machine entitlement, is not dutiable property 10
(despite section 11). 11
[11] Section 36 (2) 12
Omit "1 July 2013". Insert instead "the abolition date". 13
[12] Section 36 (3) 14
Insert after section 36 (2): 15
(3) In this section: 16
abolition date means the date appointed under section 33B as the 17
abolition date for duty on transfers of statutory licences or 18
permissions and gaming machine entitlements. 19
[13] Section 37 20
Omit the section. Insert instead: 21
37 Anti-avoidance measures 22
Section 35 or 36 does not apply in respect of a transfer or 23
transaction that occurs on or after the abolition date referred to in 24
that section if: 25
(a) the transfer or transaction replaces a transfer or transaction 26
involving the same business asset, statutory licence or 27
permission, or gaming machine entitlement, that occurred 28
before the abolition date, or 29
(b) the transfer or transaction is made or entered into pursuant 30
to an option to purchase the business asset, statutory 31
licence or permission, or gaming machine entitlement, that 32
was granted before the abolition date, or 33
(c) the transfer or transaction was made or entered into 34
pursuant to another arrangement, made before the 35
Page 5
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Schedule 1 Amendment of Duties Act 1997 No 123
abolition date, the only or main purpose of which was to 1
defer the transfer or transaction until the abolition date, or 2
later, so that duty would not be chargeable under this 3
Chapter on the transfer or transaction. 4
[14] Section 65 Exemptions from duty 5
Omit "1 July 2013" wherever occurring in the notes to section 65 (6) and (7). 6
Insert instead "a date to be appointed by proclamation under section 33B". 7
[15] Section 66 Exemptions--marketable securities 8
Omit "1 July 2013" from the note at the end of the section. 9
Insert instead "a date to be appointed by proclamation under section 33B". 10
[16] Section 124 11
Omit the section. Insert instead: 12
124 Abolition of duty charged by this Part 13
(1) The duty charged by this Part is abolished on and from the 14
abolition date. 15
(2) The duty charged by this Part remains chargeable on a dutiable 16
entitlement that is acquired before the abolition date. 17
(3) In this section: 18
abolition date means the date appointed under section 33B as the 19
abolition date for duty on transfers of marketable securities and 20
commercial fishery shares. 21
[17] Section 137A 22
Omit the section. Insert instead: 23
137A Abolition of duty charged by this Part 24
(1) The duty charged by this Part is abolished on and from the 25
abolition date. 26
(2) The duty charged by this Part remains chargeable on an allotment 27
of shares referred to in section 138 that occurs before the 28
abolition date. 29
(3) In this section: 30
abolition date means the date appointed under section 33B as the 31
abolition date for duty on transfers of marketable securities and 32
commercial fishery shares. 33
Page 6
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Amendment of Duties Act 1997 No 123 Schedule 1
[18] Section 203A Abolition of mortgage duty 1
Omit section 203A (1). Insert instead: 2
(1) The Governor may, by proclamation, appoint a date as the 3
abolition date for mortgage duty. 4
(1A) Mortgage duty is abolished on and from the abolition date (being 5
the date appointed under subsection (1)). 6
[19] Section 203A (2) and (3) 7
Omit "1 July 2013" wherever occurring. Insert instead "the abolition date". 8
[20] Section 227A Transfer of mortgages 9
Omit "section 281 (relating to transfers between members of the same group 10
of corporations)" from section 227A (4) (b). 11
Insert instead "section 273B (relating to corporate reconstructions and 12
consolidations)". 13
[21] Section 228A 14
Insert after section 228: 15
228A Electronic mortgages 16
(1) To avoid doubt, for the purposes of this Chapter (in particular, the 17
definition of mortgage), an instrument includes any document 18
(within the meaning of the Electronic Conveyancing National 19
Law (NSW)) that is in a form in which it can be lodged 20
electronically under that Law. 21
(2) An electronic mortgage is taken to be first executed when it is 22
first digitally signed by the mortgagee (including if it is digitally 23
signed by a subscriber signing for the mortgagee under the 24
Electronic Conveyancing National Law (NSW)). 25
(3) A counterpart of an electronic mortgage in respect of which 26
mortgage duty has been paid may be stamped or upstamped for 27
mortgage duty by the Chief Commissioner, or by another person 28
under an arrangement referred to in section 289A, as if it were the 29
mortgage. 30
(4) In this section: 31
electronic mortgage means a mortgage in a form in which it can 32
be lodged electronically under the Electronic Conveyancing 33
National Law (NSW). 34
Page 7
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Schedule 1 Amendment of Duties Act 1997 No 123
[22] Section 274 Transfer of certain business property between family 1
members 2
Omit "on 1 July 2013" from the note to section 274 (2). 3
Insert instead "on a date to be appointed by proclamation under section 33B". 4
[23] Schedule 1 Savings, transitional and other provisions 5
Insert at the end of the Schedule (with appropriate Part and clause numbering): 6
Part Provisions consequent on enactment of 7
State Revenue and Other Legislation 8
Amendment (Budget Measures) Act 2013 9
Changes to calculation of dutiable value 10
(1) Section 26, as substituted by the Budget Measures Act, applies to 11
dutiable transactions that occur on or after 1 July 2013. 12
(2) Sections 26 and 26A, as in force immediately before their repeal 13
by the Budget Measures Act, continue to apply to dutiable 14
transactions that occurred before 1 July 2013. 15
(3) In this clause: 16
Budget Measures Act means the State Revenue and Other 17
Legislation Amendment (Budget Measures) Act 2013. 18
Commencement 19
The amendments to the Duties Act 1997 (except items [2] and [23]) commence, or are 20
taken to have commenced, on 30 June 2013. 21
Items [2] and [23] commence, or are taken to have commenced, on 1 July 2013. 22
Explanatory note 23
The amendments defer the abolition of certain duties (which were due to be abolished 24
on 1 July 2013) until a date to be appointed by proclamation of the Governor. The same 25
or different abolition dates may be appointed in relation to the duties concerned. 26
The duties affected are: 27
(a) duty on transfers of marketable securities and commercial fishery shares, and 28
(b) duty on transfers of business assets, and 29
(c) duty on transfers of statutory licences or permissions and gaming machine 30
entitlements, and 31
(d) mortgage duty. 32
Items [4] and [18] provide for the abolition of the relevant duties on a date to be 33
appointed by proclamation of the Governor. 34
Items [1], [3], [5]-[15], [19] and [22] are consequential amendments. 35
Items [16] and [17] provide for the abolition of duties on entitlements arising from 36
capital reductions or rights alterations, and the duty on allotment of shares by direction, 37
on the date appointed for the abolition of duty on transfers of marketable securities and 38
commercial fishery shares. 39
Page 8
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Amendment of Duties Act 1997 No 123 Schedule 1
Item [2] removes a redundant provision of the Duties Act 1997. It also ensures that the 1
value of goods is included in the dutiable value of a transaction involving goods and 2
other dutiable property, if the other dutiable property includes the goodwill of a 3
business. The amendment is related to the fact that the abolition of duty on the transfer 4
of business assets (such as the goodwill of a business) is to be deferred. 5
Item [21] is consequential on the fact that the abolition of mortgage duty is to be 6
deferred. It provides for the application of the Duties Act 1997 to electronic mortgages 7
executed in accordance with the Electronic Conveyancing National Law (NSW). 8
Item [20] updates a cross-reference. 9
Item [23] provides for savings and transitional matters. 10
Page 9
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Schedule 2 Amendment of First Home Owner Grant (New Homes) Act 2000 No 21
Schedule 2 Amendment of First Home Owner Grant 1
(New Homes) Act 2000 No 21 2
Section 18 Amount of grant 3
Omit "1 January 2014" from section 18 (1) wherever occurring. 4
Insert instead "1 January 2016". 5
Explanatory note 6
The amendment extends, for a further period of 2 years, the period during which a first 7
home owner grant of $15,000 (instead of $10,000) is payable under the first home 8
owner grant scheme for new homes. 9
Page 10
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Amendment of Health Insurance Levies Act 1982 No 159 Schedule 3
Schedule 3 Amendment of Health Insurance Levies 1
Act 1982 No 159 2
[1] Section 4 Definitions 3
Insert in alphabetical order in section 4 (1): 4
base rate means $2 or, if a base rate is declared by regulation 5
under clause 9 of Schedule 3, the base rate as so declared. 6
proclaimed month means the first month to commence on or 7
after the commencement of Schedule 3 to the State Revenue and 8
Other Legislation Amendment (Budget Measures) Act 2013. 9
[2] Section 4 (1), definition of "prescribed rate" 10
Omit "and for any month thereafter" from paragraph (e). 11
Insert instead "and for any month thereafter before the proclaimed month". 12
[3] Section 4 (1), definition of "prescribed rate" 13
Insert at the end of paragraph (e): 14
, and 15
(f) for the proclaimed month and for any month thereafter-- 16
the base rate, as adjusted from time to time in accordance 17
with Schedule 2. 18
[4] Schedule 3 Transitional provisions 19
Insert after Part 7: 20
Part 8 Provision consequent on enactment of 21
State Revenue and Other Legislation 22
Amendment (Budget Measures) Act 2013 23
9 Adjustment of prescribed rate (Budget 2013-2014) 24
(1) The regulations may declare a base rate for the purposes of this 25
Act. 26
(2) A regulation may be made under this clause only if the 27
proclaimed month is a month after July 2013. 28
(3) A base rate declared by a regulation has effect only in relation to 29
a month that starts on or after the commencement of the 30
regulation. 31
(4) A regulation cannot be made under this clause after the operative 32
date (within the meaning of Schedule 2) for 2014. 33
Page 11
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Schedule 3 Amendment of Health Insurance Levies Act 1982 No 159
(5) The declaration of a base rate by a regulation made under this 1
clause is, for the purposes of the Subordinate Legislation Act 2
1989, a matter of a savings or transitional nature. 3
Commencement 4
The amendments to the Health Insurance Levies Act 1982 commence on a day to be 5
appointed by proclamation. 6
Explanatory note 7
Items [1] and [3] provide for a base rate of $2 (instead of the existing rate of $1.37) to 8
have effect as the prescribed rate under the Health Insurance Levies Act 1982. The 9
prescribed rate is the rate used to calculate the monthly levy payable under that Act. 10
The proposed amendments also enable the base rate to be further adjusted by 11
regulation if there is a delay in the commencement of the proposed amendments. 12
Under item [4], a regulation declaring a new base rate can be made if the proposed 13
amendments commence after 1 July 2013. Such a regulation cannot be made after the 14
base rate is automatically adjusted under Schedule 2 to the Health Insurance Levies 15
Act 1982 in 2014. The amendments also provide that a regulation declaring a base rate 16
is of a savings and transitional nature for the purposes of the Subordinate Legislation 17
Act 1989. 18
Item [2] is a consequential amendment. 19
Page 12
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Amendment of Payroll Tax Act 2007 No 21 Schedule 4
Schedule 4 Amendment of Payroll Tax Act 2007 1
No 21 2
[1] Schedule 1 Calculation of payroll tax liability for financial year 3
commencing 1 July 2007 and subsequent financial years 4
Insert "up to and including the financial year commencing on 1 July 2012" 5
after "subsequent financial years" in paragraph (b) of the definition of TA or 6
threshold amount in clause 1. 7
[2] Schedule 1, clause 1, definition of "TA" or "threshold amount" 8
Insert at the end of paragraph (b): 9
, or 10
(c) for the financial year commencing on 1 July 2013 and 11
subsequent financial years--$750,000. 12
[3] Schedule 1, clause 1A Indexation of threshold amount (financial years 13
2008-2012) 14
Insert "up to and including the financial year commencing on 1 July 2012" 15
after "subsequent financial years" in clause 1A (1). 16
[4] Schedule 1, clause 1A (5) 17
Insert "and ending with the financial year commencing on 1 July 2012" after 18
"1 July 2009". 19
Commencement 20
The amendments to the Payroll Tax Act 2007 commence, or are taken to have 21
commenced, on 1 July 2013. 22
Explanatory note 23
Item [2] increases the threshold amount for payroll tax from $689,000 to $750,000. 24
Item [1] is a consequential amendment. 25
Item [3] removes the provision for automatic indexation of the threshold amount. Item 26
[4] is a consequential amendment. 27
Page 13
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Schedule 5 Amendment of Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011
No 19
Schedule 5 Amendment of Payroll Tax Rebate 1
Scheme (Jobs Action Plan) Act 2011 2
No 19 3
[1] Section 3 Object of Act 4
Omit "100,000" from section 3 (2). 5
[2] Section 7 Eligible employment 6
Insert "and before 1 July 2015" after "1 July 2011" in section 7 (b). 7
[3] Section 8 What is a new job 8
Insert after section 8 (8): 9
(9) A claimant is not required to repay an amount paid by way of 10
rebate for the first year of employment because of a second year 11
failure to sustain an increase in the employer's full time 12
equivalent employees. 13
(10) There is a second year failure to sustain an increase in an 14
employer's full time equivalent employees if the number of full 15
time equivalent employees of the employer on the second 16
anniversary of the date the eligible employment is claimed to 17
commence does not exceed the number of full time equivalent 18
employees of the employer on that commencement date. 19
[4] Section 13 Closure of rebate scheme 20
Omit "30 June 2013" from section 13 (3) (b). 21
Insert instead "30 June 2015". 22
[5] Section 13, note 23
Insert "the date appointed as referred to in subsection (3) (a) as" after "person 24
after". 25
[6] Section 15 Amount of rebate 26
Omit "$2,000" from section 15 (1) (a). 27
Insert instead "the annual rebate amount". 28
Page 14
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Amendment of Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011 Schedule 5
No 19
[7] Section 15 (1A) 1
Insert after section 15 (1): 2
(1A) The annual rebate amount is: 3
(a) for eligible employment commencing before 1 July 4
2013--$2,000, or 5
(b) for eligible employment commencing on or after 1 July 6
2013: 7
(i) $2,000 for the first year of employment, and 8
(ii) $3,000 for the second year of employment. 9
[8] Section 15 (2) 10
Omit "$2,000" from the formula. Insert instead "the annual rebate amount". 11
[9] Section 21 Closure of registrations 12
Omit section 21 (1). Insert instead: 13
(1) The Chief Commissioner is not to register an employer as a 14
claimant in respect of the employment of a person: 15
(a) if the application is made after 30 September 2015, or 16
(b) if a scheme closure date for the area in which the person is 17
employed is appointed (as referred to in section 13 (3) (a)) 18
and the application is made after that appointed date. 19
[10] Schedule 1 Savings, transitional and other provisions 20
Insert before clause 1: 21
Part 1 Preliminary 22
[11] Schedule 1, clause 1 23
Insert at the end of clause 1 (1): 24
any Act that amends this Act 25
Page 15
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Schedule 5 Amendment of Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011
No 19
[12] Schedule 1, Part 2 1
Insert after clause 1: 2
Part 2 State Revenue and Other Legislation 3
Amendment (Budget Measures) Act 2013 4
2 Refunds 5
(1) A claimant who, before the commencement of the amendments 6
to section 8 made by the State Revenue and Other Legislation 7
Amendment (Budget Measures) Act 2013, was required to repay 8
an amount paid by way of rebate is entitled to a refund of the 9
amount repaid (if any) if, had the amendments been in effect at 10
the time the requirement was made, repayment of the amount 11
could not have been required. 12
(2) Sections 25, 26, 58 (1) and 60 apply to the payment of a refund 13
payable under this clause in the same way as they apply to the 14
payment of a rebate. 15
3 Waiver of maximum rebate 16
(1) Sections 15 (5) and 16 do not apply to a claim for a rebate if: 17
(a) the eligible employment commenced before 1 July 2013, 18
and 19
(b) the financial year in which the claim for a rebate in respect 20
of that eligible employment is made is the financial year 21
commencing on 1 July 2013 or a subsequent financial year, 22
and 23
(c) the employer had a payroll tax liability exceeding nil for 24
the financial year that commenced on 1 July 2012. 25
(2) In this clause, an employer's payroll tax liability for a financial 26
year is the correct amount of payroll tax payable by the employer 27
(within the meaning of Part 6 of the Payroll Tax Act 2007). 28
Commencement 29
The amendments to the Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011 30
commence, or are taken to have commenced, on 1 July 2013. 31
Explanatory note 32
Items [2] and [4] provide for a final closure of the Jobs Action Plan scheme on 30 June 33
2015. A rebate can be claimed under the scheme for the employment of a person only 34
if the employment commences on or before that date. The amendments retain the 35
power of the Minister to appoint an earlier scheme closure date for a particular area. 36
Item [5] is a consequential amendment. 37
Item [1] removes a target on the number of jobs to be created with assistance of the 38
scheme. 39
Page 16
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Amendment of Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011 Schedule 5
No 19
Items [6] and [7] increase the rebate from $2,000 to $3,000 in the second year of 1
employment. The increase will apply only to eligible employment that commences on 2
or after 1 July 2013. Item [8] is a consequential amendment. 3
Item [3] removes a requirement that a claimant repay a rebate paid for a first year of 4
eligible employment because of a failure to sustain an increase in the number of full 5
time equivalent employees of the employer at the end of the second year of eligible 6
employment. 7
Item [9] requires employers to be registered under the scheme on or before 8
30 September 2015 (and before any earlier scheme closure date for the area in which 9
the person is employed that is appointed by the Minister). 10
Item [11] enables savings and transitional regulations to be made whenever the Act is 11
amended. 12
Item [12] provides for specific transitional matters, including by providing for the waiver 13
of the maximum rebate payable for certain employment that commences before 1 July 14
2013. Item [10] is a consequential amendment. 15
Page 17
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Schedule 6 Amendment of Protection of the Environment Administration Act 1991 No 60
Schedule 6 Amendment of Protection of the 1
Environment Administration Act 1991 2
No 60 3
Section 34A 4
Insert after section 34: 5
34A Environment Protection Authority Fund 6
(1) There is established in the Special Deposits Account an account 7
called the Environment Protection Authority Fund (the Fund). 8
(2) Money in the Fund is under the control of the Authority and can 9
be expended by the Authority only for the purposes authorised by 10
this section. 11
(3) There is to be paid into the Fund: 12
(a) any of the following money payable to the Authority under 13
the Protection of the Environment Operations Act 1997: 14
(i) any fees with respect to environment protection 15
licences, including fees for applications made for or 16
with respect to those licences and annual licence 17
fees (other than load-based fees), 18
(ii) any interest on outstanding amounts of any such 19
fees (other than load-based fees), 20
(iii) any amounts required to be paid as a penalty for 21
default under section 57 of that Act (other than with 22
respect to load-based fees), 23
(iv) any fees with respect to clean-up notices, prevention 24
notices or noise control notices, 25
(v) amounts specified in any compliance cost notices 26
given under Chapter 4 or section 267B of that Act, 27
(vi) amounts specified in any notices given under 28
section 107 or 295ZD of that Act, and 29
(b) any fees payable to the Authority under the Environmental 30
Planning and Assessment Act 1979, and 31
(c) the proceeds of the investment of money in the Fund, and 32
(d) any other money appropriated by Parliament for the 33
purposes of the Fund or required or authorised by law to be 34
paid into the Fund. 35
Page 18
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Amendment of Protection of the Environment Administration Act 1991 No 60 Schedule 6
(4) There may be paid out of the Fund: 1
(a) any money required by the Authority for the purposes of 2
carrying out any of its functions, and 3
(b) any money required to meet administrative expenses 4
incurred in relation to the Fund (including any 5
administrative expenses incurred in relation to the 6
collection and recovery of amounts payable into the Fund), 7
and 8
(c) any money required or authorised by law to be paid from 9
the Fund. 10
(5) The money in the Fund may be invested: 11
(a) in the manner authorised by the Public Authorities 12
(Financial Arrangements) Act 1987, or 13
(b) if that Act does not confer power on the Authority to invest 14
the money, in any other manner approved by the Treasurer. 15
Commencement 16
The amendment to the Protection of the Environment Administration Act 1991 17
commences, or is taken to have commenced, on 1 July 2013. 18
Explanatory note 19
The object of the proposed amendment is to establish an Environment 20
Protection Authority Fund in the Special Deposits Account for regulatory and 21
enforcement fees and charges payable to the EPA (the fees and charges are 22
currently payable into the Consolidated Fund). Money in the Fund will be under 23
the control of the EPA and may be used (without further appropriation) for the 24
purposes of enabling the EPA to carry out its functions. 25
Page 19
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