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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Revenue Legislation Amendment
Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Appropriation Bill 2010.
Overview of Bill
The objects of this Bill are as follows:
(a) to amend the Duties Act 1997:
(i) to extend the NSW Housing Construction Acceleration Plan, so that it
continues to apply until 30 June 2010, and
(ii) to introduce a new duty concession scheme for new housing, called the
NSW Home Builders Bonus, and
(iii) to introduce a number of new duty concessions and exemptions, and to
limit others, and
(iv) to make further provision for the charging of duty in respect of dutiable
transactions and the acquisition of interests in a landholder, and
(v) to extend the circumstances in which an agreement or arrangement with
respect to a call option will be considered to be a dutiable transaction,
and
(vi) to clarify assessment arrangements for mortgage duty, and
b2010-045-40.d19
State Revenue Legislation Amendment Bill 2010
Explanatory note
(vii) to make other miscellaneous amendments, including amendments of a
law revision nature,
(b) to amend emergency services legislation to authorise the Chief Executive,
Emergency Management NSW to collect contributions required to be paid
under that legislation to meet the costs of emergency services expenditure and
to bank that money before it is paid into the respective statutory funds,
(c) to amend the Gaming Machine Tax Act 2001 to change gaming machine tax
rates for hoteliers from 1 July 2010 onwards,
(d) to amend the Health Insurance Levies Act 1982 to update the list of authorised
agents under that Act,
(e) to amend the Insurance Protection Tax Act 2001 to abolish the tax under that
Act from 1 July 2011,
(f) to amend the Land Tax Management Act 1956:
(i) to enable a special disability trust to be treated as a concessional trust
for land tax purposes, and
(ii) to enable a land tax reduction to be applied in certain circumstances in
respect of mixed development and mixed use land, where certain
concessions are available under the principal place of residence
exemption that would apply if the land were residential land, and
(iii) to make further provision with respect to the principal place of
residence exemption, and
(iv) to make further provision with respect to the classification of trusts as
special trusts for land tax purposes, and
(v) to revoke the power of the Chief Commissioner of State Revenue to
alter unit entitlements under a strata scheme for land tax purposes, and
(vi) to make other miscellaneous amendments, including amendments of a
law revision nature,
(g) to amend the Motor Vehicles Taxation Act 1988:
(i) to update the amounts of motor vehicle tax specified in that Act as those
amounts have been automatically increased each year in line with CPI
increases, and
(ii) to increase (with some exceptions) by more than the usual CPI increase
the motor vehicle tax payable in relation to motor vehicles that weigh
less than 2,500 kilograms,
(h) to amend the Payroll Tax Act 2007:
(i) to reduce rates of payroll tax, and
(ii) to exempt wages paid or payable to an employee in respect of paternity
leave from payroll tax, and
(iii) to make further provision for rebates for apprentice/trainee wages,
Explanatory note page 2
State Revenue Legislation Amendment Bill 2010
Explanatory note
(i) to amend the Public Finance and Audit Act 1983 to authorise Ministers to
whom an appropriation is made to delegate authority to incur expenditure from
that appropriation to other Ministers,
(j) to amend the Real Property Act 1900 and the Real Property Regulation 2008
to make further provision for the funding of the Torrens Assurance Fund,
(k) to amend the Taxation Administration Act 1996:
(i) to clarify the assessment process for taxpayers who are jointly and
severally liable for tax, and
(ii) to make provisions of a savings or transitional nature as a consequence
of the repeal of the petroleum products subsidy legislation,
(l) to amend the Unclaimed Money Act 1995:
(i) to authorise the Chief Commissioner of State Revenue to process claims
for the payment or repayment of unclaimed money that are made under
the Legal Profession Act 2004 or the Trustee Companies Act 1964, by
applying the Unclaimed Money Act 1995 to those claims, and
(ii) to enable the publication under the Unclaimed Money Act 1995 of
amounts received as unclaimed money under those other Acts, and
(iii) to enable an enterprise that has paid unclaimed money to the Chief
Commissioner of State Revenue, and subsequently paid the money to
the owner, to reclaim the money from the Chief Commissioner,
(m) to repeal the Petroleum Products Subsidy Act 1997 and the Petroleum
Products Subsidy Regulation 2004 and to make consequential amendments to
other Acts.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 makes it clear that the explanatory notes contained in the Schedules do not
form part of the proposed Act.
Schedules 1-13 make the amendments and repeals outlined in the overview. The
amendments and repeals are explained in detail in the explanatory notes relating to
the Schedules.
Explanatory note page 3
First print
New South Wales
State Revenue Legislation Amendment
Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Explanatory notes 2
Schedule 1 Amendment of Duties Act 1997 No 123 3
Schedule 2 Amendment of emergency services legislation 32
Schedule 3 Amendment of Gaming Machine Tax Act 2001 No 72 35
Schedule 4 Amendment of Health Insurance Levies Act 1982 No 159 36
Schedule 5 Amendment of Insurance Protection Tax Act 2001 No 40 38
Schedule 6 Amendment of Land Tax Management Act 1956 No 26 40
Schedule 7 Amendment of Motor Vehicles Taxation Act 1988 No 111 48
Schedule 8 Amendment of Payroll Tax Act 2007 No 21 57
Schedule 9 Amendment of Public Finance and Audit Act 1983 No 152 60
Schedule 10 Amendment of real property legislation 61
Schedule 11 Amendment of Taxation Administration Act 1996 No 97 71
Schedule 12 Amendment of Unclaimed Money Act 1995 No 75 73
Schedule 13 Consequential amendments and repeals 76
b2010-045-40.d19
New South Wales
State Revenue Legislation Amendment
Bill 2010
No , 2010
A Bill for
An Act to make miscellaneous changes to certain State revenue and other legislation.
Clause 1 State Revenue Legislation Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the State Revenue Legislation Amendment Act 2010. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as 5
otherwise provided by this section. 6
(2) The amendments made by the Schedules to this Act commence on the 7
day or days specified in those Schedules in relation to the amendments 8
concerned. If a commencement day is not specified, the amendments 9
commence on the date of assent to this Act. 10
3 Explanatory notes 11
The matter appearing under the heading "Explanatory note" in any of 12
the Schedules does not form part of this Act. 13
Page 2
State Revenue Legislation Amendment Bill 2010
Amendment of Duties Act 1997 No 123 Schedule 1
Schedule 1 Amendment of Duties Act 1997 No 123 1
1.1 Amendments relating to extension of NSW Housing 2
Construction Acceleration Plan 3
[1] Section 87B Relevant dates for eligibility 4
Omit "1 January 2010" wherever occurring in section 87B (1). 5
Insert instead "1 July 2010". 6
[2] Section 87C Agreements or transfers must be for acquisition of new 7
home 8
Omit "30 June 2011" wherever occurring in section 87C (4). 9
Insert instead "31 December 2011". 10
Commencement 11
The amendments are taken to have commenced on 31 December 2009. 12
Explanatory note 13
Item [1] of the proposed amendments extends the application of the NSW Housing 14
Construction Acceleration Plan, which was due to wind up on 31 December 2009, to a 15
new end date of 30 June 2010. The scheme provides a reduction in duty for purchases 16
of new homes. The NSW Home Builders Bonus scheme will apply from 1 July 2010. 17
Item [2] is a consequential amendment to extend the date by which an off the plan 18
purchase agreement approved under the scheme must be completed. 19
1.2 Amendments relating to NSW Home Builders Bonus 20
[1] Section 73 Ineligible persons 21
Omit section 73 (7). 22
[2] Chapter 2, Part 8, Division 1B 23
Insert after Division 1A: 24
Division 1B NSW Home Builders Bonus (Budget 2010-11) 25
87K Nature of scheme 26
(1) The scheme established by this Division is intended to provide an 27
exemption from or reduction in duty in respect of the purchase or 28
construction of a new home. 29
(2) For the purposes of this Division, a new home is a home that has 30
not been previously occupied or sold as a place of residence. 31
Page 3
State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
87L Relevant dates for eligibility 1
(1) The following agreements or transfers are eligible for 2
consideration under the scheme: 3
(a) agreements for sale or transfer of dutiable property entered 4
into on or after 1 July 2010 and before 1 July 2012, 5
(b) transfers of dutiable property that occur on or after 6
1 July 2010 and before 1 July 2012 (other than transfers 7
made in conformity with an agreement for sale or transfer 8
entered into before 1 July 2010). 9
(2) An agreement for the sale or transfer of dutiable property is not 10
eligible if: 11
(a) it replaces an agreement made before 1 July 2010, and 12
(b) the replaced agreement was an agreement for the sale or 13
transfer of substantially the same dutiable property. 14
87M Types of agreements or transfers that are eligible 15
(1) The following types of agreement or transfer are eligible under 16
the scheme: 17
(a) a new home purchase, 18
(b) an off the plan purchase, 19
(c) a vacant land purchase. 20
(2) A new home purchase is an agreement for the sale or transfer, or 21
a transfer, of land that is the site of a new home that is complete 22
and ready for occupation. 23
(3) An off the plan purchase is an agreement for the sale or transfer 24
of land intended to be used as the site of a new home, which is to 25
be built before completion of the agreement. 26
(4) A vacant land purchase is an agreement for the sale or transfer, 27
or a transfer, of vacant land that is intended to be used as the site 28
of a new home and which is not an off the plan purchase. 29
(5) The agreement or transfer must be for the whole of the land or, if 30
the land is a parcel of land on which 2 or more homes are built, 31
or are being built, for that part of the land that is an exclusive 32
occupancy. 33
(6) Land is an exclusive occupancy only if the Chief Commissioner 34
is satisfied that the person acquiring the land will be entitled to 35
occupy a home that is built, or being built, on the land as a place 36
Page 4
State Revenue Legislation Amendment Bill 2010
Amendment of Duties Act 1997 No 123 Schedule 1
of residence to the exclusion of other persons who occupy or are 1
to occupy the other home or homes built or being built on the 2
parcel of land. 3
(7) In relation to a new home purchase or off the plan purchase only, 4
a reference in this Division to a new home includes a reference to 5
a substantially renovated home. 6
(8) For the purposes of this Division, a substantially renovated 7
home is a renovated home: 8
(a) that is new residential premises within the meaning of 9
section 40-75 (1) (b) of the A New Tax System (Goods and 10
Services Tax) Act 1999 of the Commonwealth, and 11
(b) that, as renovated, has not been previously occupied or 12
sold as a place of residence. 13
87N Restrictions on eligibility 14
(1) An agreement or transfer is not eligible if the new home, or the 15
land on which the new home is located or to be built, is intended 16
to be used, or made available for use, for any purpose that is not 17
ancillary to the use and occupation of the land for residential 18
purposes (such as a commercial, industrial or professional 19
purpose). 20
(2) However, an agreement for the purchase, or a transfer, of a 21
farming property on which there is a new home or on which a 22
new home is to be constructed is not excluded. 23
87O Completion requirements 24
(1) For an off the plan purchase, the agreement is not eligible unless 25
it is completed: 26
(a) by 31 December 2012--in the case of an off the plan 27
purchase entered into on or after 1 July 2010 and before 28
1 July 2011, or 29
(b) by 31 December 2013--in the case of an off the plan 30
purchase entered into on or after 1 July 2011 and before 31
1 July 2012. 32
(2) For a vacant land purchase, the agreement or transfer is not 33
eligible unless: 34
(a) the laying of foundations for the home commences within 35
26 weeks after the agreement for sale or transfer is entered 36
into or, in the case of a transfer executed otherwise than in 37
Page 5
State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
conformity with an agreement for sale or transfer, the 1
transfer occurs, or within any longer period allowed by the 2
Chief Commissioner, and 3
(b) building work is completed within 18 months after the 4
laying of the foundations for the home begins, or within 5
any longer period allowed by the Chief Commissioner. 6
87P Cap on dutiable value of transaction 7
The dutiable value of the dutiable property that is the subject of 8
the agreement or transfer must not exceed: 9
(a) $600,000 in the case of a new home purchase or an off the 10
plan purchase, or 11
(b) $400,000 in the case of a vacant land purchase. 12
87Q Duty concessions available if application approved 13
(1) The following duty concessions are available in relation to an 14
eligible agreement or transfer that is approved under the scheme: 15
(a) a pre-construction duty exemption, 16
(b) a senior's principal place of residence duty exemption, 17
(c) a post-construction duty reduction. 18
(2) If a pre-construction duty exemption or senior's principal place 19
of residence duty exemption applies to the agreement or transfer, 20
no duty is chargeable on the agreement or transfer. 21
(3) No duty is chargeable on a transfer of dutiable property 22
(including a transfer made on or after 1 July 2012) if the transfer 23
is made in conformity with an eligible agreement approved under 24
the scheme and the pre-construction duty exemption or senior's 25
principal place of residence exemption applies to the agreement. 26
(4) If a post-construction duty reduction applies to the agreement or 27
transfer, the amount of ad valorem duty chargeable on the 28
agreement or transfer is to be reduced by 25%. 29
87R Pre-construction duty exemption 30
(1) A pre-construction duty exemption applies to an off the plan 31
purchase that is approved under the scheme if, at the time that the 32
off the plan purchase is entered into, construction of the new 33
home under the off the plan purchase has not commenced. 34
Page 6
State Revenue Legislation Amendment Bill 2010
Amendment of Duties Act 1997 No 123 Schedule 1
(2) A pre-construction duty exemption applies to a vacant land 1
purchase that is approved under the scheme if, at the relevant 2
date, construction of the new home on the land concerned has not 3
commenced. 4
(3) The relevant date is the date the agreement for sale or transfer of 5
the vacant land is entered into or, in the case of a transfer 6
executed otherwise than in conformity with an agreement for sale 7
or transfer, the date the transfer occurs. 8
(4) Construction of a new home commences when the laying of the 9
foundations of the new home, or of the building in which it is 10
located, begins. 11
(5) For a new home that is a substantially renovated home, 12
construction of the new home is taken to commence when 13
construction of any new or replacement parts of the home, or of 14
the building in which it is located, begins. Demolition work does 15
not count as construction work. 16
87S Senior's principal place of residence duty exemption 17
(1) A senior's principal place of residence duty exemption applies to 18
a new home purchase or an off the plan purchase that is approved 19
under the scheme if the purchase is made in connection with a 20
residence relocation by an eligible senior. 21
(2) For the exemption to apply, the purchaser or transferee under the 22
relevant agreement or transfer must be an eligible senior. 23
(3) If there is more than one purchaser or transferee under the 24
agreement or transfer, each purchaser or transferee must be: 25
(a) an eligible senior, or 26
(b) a spouse of an eligible senior who is another purchaser or 27
transferee under the agreement or transfer. 28
(4) No other purchasers or transferees are permitted. 29
(5) A purchase is made in connection with a residence relocation by 30
an eligible senior if the home sale requirements and the home 31
occupation requirements for the senior's principal place of 32
residence duty exemption are met. 33
(6) For the purposes of this Division, a person is an eligible senior if: 34
(a) the person is 65 years of age or older, and 35
(b) the person is an Australian citizen or permanent resident, 36
and 37
Page 7
State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
(c) neither the person, nor the person's spouse (if any), has 1
previously had the benefit of the senior's principal place of 2
residence duty exemption. 3
(7) A person has previously had the benefit of the senior's principal 4
place of residence duty exemption if the person is or was a 5
purchaser or transferee under an agreement or transfer relating to 6
another home, to which the senior's principal place of residence 7
duty exemption has been applied. 8
87T Home sale requirements--senior's principal place of residence 9
duty exemption 10
(1) The requirements of this section are the home sale requirements 11
for the senior's principal place of residence duty exemption. 12
(2) An eligible senior who is a purchaser or transferee under the 13
agreement or transfer must, within 12 months before the 14
agreement or transfer is entered into or occurs, be the owner of an 15
eligible home used and occupied by the eligible senior as a 16
principal place of residence (the former home). 17
(3) The eligible senior must: 18
(a) have disposed of the former home before the agreement or 19
transfer was entered into or occurred, or 20
(b) dispose of the former home within the period allowed for 21
residence relocation. 22
(4) The period allowed for residence relocation is 6 months after 23
completion of the relevant agreement or transfer, or such longer 24
period as the Chief Commissioner may approve. 25
(5) The Chief Commissioner may approve a longer period for 26
residence relocation only if satisfied that the delay in disposing of 27
the former home is caused by circumstances beyond the control 28
of the eligible senior. 29
(6) For the purposes of this section, an agreement or transfer is 30
completed when a purchaser or transferee becomes entitled to 31
possession of the home and, if the interest in the land acquired by 32
the purchaser or transferee is registrable under a law of the State, 33
the interest is so registered. 34
(7) The requirements of this section with respect to the disposal of a 35
former home also apply to any spouse of the eligible senior who 36
is an owner of the former home. 37
(8) In this section: 38
eligible home means a home affixed to land in New South Wales. 39
Page 8
State Revenue Legislation Amendment Bill 2010
Amendment of Duties Act 1997 No 123 Schedule 1
87U Home occupation requirements--senior's principal place of 1
residence duty exemption 2
(1) The requirements of this section are the home occupation 3
requirements for the senior's principal place of residence duty 4
exemption. 5
(2) The new home must be occupied by an eligible senior who is a 6
purchaser or transferee under the agreement or transfer as a 7
principal place of residence for a continuous period of at least 8
12 months, with that occupation starting within 12 months (or 9
such longer period as the Chief Commissioner may approve) 10
after completion of the agreement or transfer. 11
(3) For the purposes of this section, an agreement or transfer is 12
completed when a purchaser or transferee becomes entitled to 13
possession of the home and, if the interest in the land acquired by 14
the purchaser or transferee is registrable under a law of the State, 15
the interest is so registered. 16
(4) The Chief Commissioner may, if satisfied that there are good 17
reasons to do so in a particular case: 18
(a) modify the home occupation requirements by approving a 19
shorter period of occupation by an eligible senior, or 20
(b) exempt an eligible senior from the requirement to comply 21
with the home occupation requirements. 22
(5) The requirements of this section with respect to the occupation of 23
the new home by an eligible senior also apply to the eligible 24
senior's spouse (if any). 25
87V Post-construction duty reduction 26
(1) A post-construction duty reduction applies to an agreement or 27
transfer that is approved under the scheme if neither the 28
pre-construction duty exemption nor the senior's principal place 29
of residence duty exemption applies to the agreement or transfer. 30
(2) The duty reduction is to be applied to the ad valorem duty that 31
would be charged under section 32, and cannot be combined with 32
any other reduction that applies under this Act (such as under the 33
First Home Plus scheme in Division 1). 34
(3) If the agreement or transfer approved under the scheme is 35
aggregated with other dutiable transactions, and treated as a 36
single dutiable transaction under section 25, the 25% reduction is 37
to be applied only to the ad valorem duty that would be 38
chargeable (in the absence of aggregation) on the approved 39
agreement or transfer. 40
Page 9
State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
87W Making of applications 1
(1) An application under this Division is to be made to the Chief 2
Commissioner in an approved form. 3
(2) An application must be made within 3 months after the relevant 4
agreement for sale or transfer is entered into or, in the case of a 5
transfer executed otherwise than in conformity with an 6
agreement for sale or transfer, within 3 months after the transfer 7
occurs. 8
(3) The Chief Commissioner may accept an application after expiry 9
of the 3-month period if satisfied that the delay in making an 10
application was caused by circumstances beyond the control of 11
the applicant or applicants. 12
(4) The Chief Commissioner may at any time (whether before or 13
after the approval of an application) require the applicant or 14
applicants to provide such further information as the Chief 15
Commissioner may consider necessary for the proper 16
administration of the scheme. 17
87X Application may be approved in advance 18
The Chief Commissioner may approve an application in relation 19
to any agreement or transfer in anticipation of compliance with 20
any of the requirements of this Division. 21
87Y Reassessment of duty payable where duty concession wrongly 22
applied 23
(1) The Chief Commissioner may reassess the duty chargeable in 24
respect of an agreement or transfer that is initially approved 25
under the scheme if the Chief Commissioner forms the opinion 26
that the agreement or transfer is not eligible under the scheme, 27
including in a case where approval was given in anticipation of 28
compliance with any requirements of this Division that have not 29
been met. 30
(2) The Chief Commissioner may issue a notice of assessment, based 31
on the reassessment, for the duty chargeable in respect of the 32
agreement or transfer. 33
87Z Charge on land for duty liability of applicant 34
(1) Any duty liability that an applicant has under the scheme in 35
respect of an agreement or transfer is a charge on the applicant's 36
interest in the land that is the subject of the agreement or transfer. 37
(2) An applicant has a duty liability under the scheme in respect of 38
an agreement or transfer if the applicant is required to pay an 39
Page 10
State Revenue Legislation Amendment Bill 2010
Amendment of Duties Act 1997 No 123 Schedule 1
amount of duty to the Chief Commissioner, in respect of an 1
agreement or transfer that is initially approved under the scheme, 2
under a notice of assessment referred to in section 87Y. 3
(3) The charge created by this section gives the Chief Commissioner 4
an interest in the land and, accordingly, the Chief Commissioner 5
may lodge a caveat in respect of the land under the Real Property 6
Act 1900 to protect that interest. 7
(4) The caveat must be withdrawn when the amount of the duty 8
liability has been paid. 9
(5) The amount of the duty liability is the amount of duty that the 10
applicant is required to pay to the Chief Commissioner in respect 11
of the relevant agreement or transfer, together with any interest 12
or penalty tax payable. 13
(6) In this section: 14
applicant includes a former applicant. 15
87ZA Definitions 16
(1) In this Division: 17
eligible senior--see section 87S. 18
home means a building (affixed to land) that: 19
(a) may lawfully be used as a place of residence, and 20
(b) is, in the Chief Commissioner's opinion, a suitable 21
building for use as a place of residence. 22
new home--see section 87K. 23
new home purchase--see section 87M. 24
off the plan purchase--see section 87M. 25
spouse has the same meaning in relation to the scheme as it has 26
under section 71 (4) and (5) in relation to the First Home Plus 27
scheme. 28
vacant land purchase--see section 87M. 29
(2) For the purposes of this Division, a person disposes of a home if 30
the person ceases to be the owner of the home. 31
(3) For the purposes of this Division, a person is the owner of a home 32
if the person is the owner (within the meaning of the Land Tax 33
Management Act 1956) of land that is the site of the home. 34
Page 11
State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
[3] Dictionary 1
Insert in alphabetical order: 2
Australian citizen has the same meaning as it has in the 3
Australian Citizenship Act 2007 of the Commonwealth. 4
permanent resident means: 5
(a) the holder of a permanent visa within the meaning of 6
section 30 of the Migration Act 1958 of the 7
Commonwealth, or 8
(b) a New Zealand citizen who holds a special category visa 9
within the meaning of section 32 of the Migration Act 1958 10
of the Commonwealth. 11
Commencement 12
The amendments commence, or are taken to have commenced, on 1 July 2010. 13
Explanatory note 14
Item [2] of the proposed amendments introduces a new scheme (the NSW Home 15
Builders Bonus) for duty exemptions or reductions on new housing purchases. The 16
scheme applies to certain agreements for the sale or transfer of dutiable property 17
entered into on or after 1 July 2010 and before 1 July 2012, or transfers of dutiable 18
property that occur on or after 1 July 2010 and before 1 July 2012 (other than transfers 19
made in conformity with an agreement for sale or transfer entered into before 20
1 July 2010). 21
The scheme applies to 3 types of purchase: 22
(a) a new home purchase (which is an agreement for the sale or transfer, or a 23
transfer, of land that is the site of a new home that is complete and ready for 24
occupation), or 25
(b) an off the plan purchase (which is an agreement for the sale or transfer of land 26
intended to be used as the site of a new home, which is to be built before 27
completion of the agreement), or 28
(c) a vacant land purchase (which is an agreement for the sale or transfer, or a 29
transfer, of vacant land that is intended to be used as the site of a new home 30
and which is not an off the plan purchase). 31
A new home is a home that has not been previously sold or occupied as a place of 32
residence. For new home purchases and off the plan purchases only, a substantially 33
renovated home is also considered to be a new home. 34
Certain other eligibility requirements also apply, such as requirements relating to the 35
commencement or completion of construction of the new home. 36
The dutiable value of the dutiable property the subject of the relevant agreement or 37
transfer must not exceed $600,000 (in the case of a new home purchase or an off the 38
plan purchase) or $400,000 (in the case of a vacant land purchase). 39
Three types of duty concession are available under the scheme. 40
A pre-construction duty exemption applies to an off the plan purchase or vacant land 41
purchase if construction of the new home has not commenced at the time the relevant 42
agreement is entered into or, in the case of a transfer that is a vacant land purchase 43
and is executed otherwise than in conformity with an agreement for sale or transfer, the 44
date the transfer occurs. No duty is chargeable on the agreement or transfer if the 45
pre-construction duty exemption applies. 46
Page 12
State Revenue Legislation Amendment Bill 2010
Amendment of Duties Act 1997 No 123 Schedule 1
A senior's principal place of residence duty exemption applies to a new home purchase 1
or an off the plan purchase if the purchase is made in connection with a residence 2
relocation by an eligible senior. A person is an eligible senior if the person is 65 years 3
of age or older, is an Australian citizen or permanent resident and neither the person, 4
nor his or her spouse (if any), has previously had the benefit of the senior's principal 5
place of residence duty exemption. The eligible senior is required to sell (or to have 6
sold) his or her previous principal place of residence in New South Wales and to occupy 7
the new home as his or her principal place of residence. No duty is chargeable on the 8
agreement or transfer if the eligible senior's principal place of residence duty exemption 9
applies. 10
A post-construction duty reduction applies to any other agreement or transfer approved 11
under the scheme that is not eligible for the pre-construction duty exemption or the 12
senior's principal place of residence duty exemption. The post-construction duty 13
reduction results in a 25% reduction in the ad valorem duty payable on the agreement 14
or transfer concerned. 15
The amendments contain ancillary provisions relating to the following: 16
(a) the making of applications under the scheme, 17
(b) the approval of applications by the Chief Commissioner of State Revenue in 18
anticipation of compliance with scheme requirements, 19
(c) the reassessment of duty where a duty concession under the scheme is wrongly 20
applied, 21
(d) the recovery of any duty liability an applicant has under the scheme via a charge 22
on an applicant's interest in land. 23
The ancillary provisions are similar to existing provisions under the First Home Plus 24
scheme and the NSW Housing Construction Acceleration Plan. 25
Items [1] and [3] transfer the definitions of Australian citizen and permanent resident
from the First Home Plus provisions to the Dictionary, as these expressions are also 26
27
used in relation to the NSW Home Builders Bonus scheme. 28
1.3 Other amendments 29
[1] Section 12 When does a liability for duty arise? 30
Insert after section 12 (2): 31
(3) A liability for duty in respect of a dutiable transaction that is 32
charged with duty as if it were a transfer of dutiable property 33
arises even if the dutiable property is not in existence at the time 34
that the transfer is taken to have occurred, or the instrument 35
effecting the transfer is first executed, as the case requires. 36
[2] Section 49 Interim payment of duty 37
Insert after section 49 (2): 38
(3) The Chief Commissioner must, when the full dutiable value of 39
the dutiable property has been ascertained, reassess the duty 40
payable in respect of the instrument. 41
Page 13
State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
(4) If no further duty is payable, the interim stamp is to be cancelled 1
and any amount paid in excess of the amount assessed is to be 2
refunded. 3
(5) If further duty is payable, liability for the further duty arises when 4
a notice of assessment is issued, despite any other provision of 5
this Act. 6
(6) On payment of the balance of the duty (and any interest or penalty 7
tax), the instrument is to be stamped with the amount of the 8
balance and marked to indicate that duty has been duly paid. 9
[3] Section 54 Change in trustees 10
Omit the definition of special trustee from section 54 (1). 11
Insert in alphabetical order: 12
licensed trustee company means a licensed trustee company 13
within the meaning of Chapter 5D of the Corporations Act 2001 14
of the Commonwealth. 15
special trustee means: 16
(a) a licensed trustee company in its capacity as trustee or 17
administrator of a deceased estate, and 18
(b) the trustee of a complying superannuation fund, within the 19
meaning of section 42 of the Superannuation Industry 20
(Supervision) Act 1993 of the Commonwealth, in its 21
capacity as trustee of that fund. 22
[4] Section 54 (2A) 23
Insert after section 54 (2): 24
(2A) Duty of $50 is chargeable in respect of a transfer of dutiable 25
property to a licensed trustee company (that is not a special 26
trustee), or to a trustee of a special disability trust, as a 27
consequence of the retirement of a trustee or the appointment of 28
a new trustee, if the Chief Commissioner is satisfied that the 29
transfer is not part of a scheme for conferring an interest, in 30
relation to the trust property, on a new trustee or any other person, 31
whether as a beneficiary or otherwise, to the detriment of the 32
beneficial interest or potential beneficial interest of any person. 33
[5] Section 54 (3) 34
Omit "other than a special trustee". 35
Insert instead "other than a licensed trustee company, a special trustee or 36
trustee of a special disability trust". 37
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Amendment of Duties Act 1997 No 123 Schedule 1
[6] Section 54 (3B) 1
Insert ", (2A)" after "(2)". 2
[7] Section 59B 3
Insert after section 59A: 4
59B Change in custodians 5
Duty of $50 is chargeable in respect of a transfer of dutiable 6
property by a custodian of the trustee of a trust to another 7
custodian of the trustee of the trust if: 8
(a) there is no change in the beneficial ownership of the 9
dutiable property, and 10
(b) the transferee is to hold the dutiable property solely for the 11
trustee as trustee of the trust and there is no contemplation 12
of the dutiable property being held for any other person or 13
being held in any other capacity, and 14
(c) the dutiable property was held by the transferor solely for 15
the trustee as trustee of the trust and, since the time when 16
the dutiable property was first transferred to the transferor, 17
no person has held the dutiable property otherwise than 18
solely for the trustee as trustee of the trust. 19
[8] Section 61 Transfers of property in connection with persons changing 20
superannuation funds 21
Insert after section 61 (1A) (c): 22
(d) a transfer of marketable securities from a life company or 23
custodian for a life company to the trustee of a 24
superannuation fund or a custodian of the trustee of a 25
superannuation fund if the transfer is made in 26
consideration of the surrender or termination, by the 27
trustee of the superannuation fund of which the person has 28
ceased to be a member, of a policy of life insurance issued 29
by the life company. 30
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State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
[9] Section 62A 1
Insert after section 62: 2
62A Transfers to self managed superannuation funds 3
(1) Duty of $50 is chargeable on a transfer of, or an agreement to 4
transfer, dutiable property from a person (the transferor) to the 5
trustee of a self managed superannuation fund but only if: 6
(a) the transferor is the only member of the superannuation 7
fund or the property is to be held by the trustee solely for 8
the benefit of the transferor, and 9
(b) the property is to be used solely for the purpose of 10
providing a retirement benefit to the transferor. 11
(2) Property held by the trustee of a superannuation fund is held 12
solely for the benefit of the transferor if: 13
(a) the property is held specifically for the benefit of the 14
transferor, as a member of the superannuation fund, and 15
(b) the property (or proceeds of sale of the property) cannot be 16
pooled with property held for another member of the 17
superannuation fund, and 18
(c) no other member of the superannuation fund can obtain an 19
interest in the property (or the proceeds of sale of the 20
property). 21
(3) In this section: 22
self managed superannuation fund means a complying 23
superannuation fund within the meaning of section 42A of the 24
Superannuation Industry (Supervision) Act 1993 of the 25
Commonwealth. 26
[10] Section 63 Deceased estates 27
Insert at the end of section 63 (1) (c): 28
, and 29
(d) a declaration by an executor of a will under section 11 of 30
the Trustee Act 1925 if the Chief Commissioner is satisfied 31
that the declaration is consistent with the entitlements of 32
beneficiaries under the trusts contained in the will. 33
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[11] Section 65 Exemptions from duty 1
Omit section 65 (1) (c). Insert instead: 2
(c) the transfer of dutiable property to, or vesting of dutiable 3
property in, a former bankrupt for no consideration as a 4
consequence of the discharge or annulment of bankruptcy, 5
[12] Section 65 (10) (b) 6
Omit the paragraph. Insert instead: 7
(b) a dutiable transaction effected by such an instrument, if the 8
Chief Commissioner is satisfied that the primary purpose 9
for which the transaction was effected was to comply with 10
legal requirements relating to complying superannuation 11
funds, complying approved deposit funds, pooled 12
superannuation trusts or eligible rollover funds. 13
[13] Section 65 (13A) 14
Insert after section 65 (13): 15
(13A) Vesting by statute law--association property 16
No duty is chargeable under this Chapter on the vesting of 17
association property in an association on the registration of a plan 18
or dealing by which association property is created under the 19
Community Land Development Act 1989. 20
[14] Section 65 (22)-(24) 21
Insert after section 65 (21): 22
(22) Special disability trusts 23
No duty is chargeable under this Chapter on: 24
(a) a declaration of trust over dutiable property that is to be 25
held by the trustee in the trustee's capacity as trustee for a 26
special disability trust, or 27
(b) a declaration of trust over property or an instrument that 28
declares property, when vested in the person executing the 29
instrument, is to be held in trust for a person or persons, if 30
the instrument is executed for the purpose of establishing 31
a special disability trust, or 32
(c) a transfer of, or an agreement to transfer, dutiable property 33
to the trustee of a special disability trust for the purpose of 34
the trust, if there is no consideration for the transfer. 35
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Schedule 1 Amendment of Duties Act 1997 No 123
(23) Registered maintenance liabilities 1
No duty is chargeable under this Chapter on the following: 2
(a) a transfer of dutiable property to, or a vesting of dutiable 3
property in, a trustee as a consequence of enforcement 4
action taken by the Commonwealth in respect of a 5
registered maintenance liability (within the meaning of the 6
Child Support (Registration and Collection) Act 1988 of 7
the Commonwealth), 8
(b) a transfer of dutiable property from a trustee to a person in 9
respect of whom such enforcement action has been taken, 10
as a consequence of the discharge of the person's liability 11
under the registered maintenance liability. 12
(24) Fraudulent or void transactions 13
No duty is chargeable under this Chapter on the following: 14
(a) a transfer of dutiable property to a person if the Chief 15
Commissioner is satisfied that the transfer is made to 16
rectify the consequences of fraudulent conduct by another 17
person or to reverse a transfer of dutiable property that has 18
been registered under a law of the State or the 19
Commonwealth and that has been declared by a court to be 20
void or voidable, 21
(b) a vesting of dutiable property in a person by court order if 22
the Chief Commissioner is satisfied that the order was 23
made to rectify the consequences of fraudulent conduct by 24
another person or to reverse a transfer of dutiable property 25
that has been registered under a law of the State or the 26
Commonwealth and that has been declared by a court to be 27
void or voidable. 28
[15] Section 68 Exemptions--break-up of marriages and other relationships 29
Insert after section 68 (4C): 30
(4D) Vested bankruptcy property 31
This section applies in respect of vested bankruptcy property 32
(within the meaning of the Family Law Act 1975 of the 33
Commonwealth) of a party to a marriage or de facto relationship 34
in the same way as it applies to matrimonial property or 35
relationship property. 36
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[16] Section 71 Restrictions on eligibility--previous ownership of residential 1
property or first home concession 2
Omit "another residential property" and "other residential property" wherever 3
occurring in section 71 (6). 4
Insert instead "residential property". 5
[17] Section 74 Eligible agreements or transfers 6
Omit section 74 (2). Insert instead: 7
(2) The agreement or transfer must be for the whole of the property. 8
[18] Section 74 (4) 9
Omit the subsection. 10
[19] Section 74A 11
Insert after section 74: 12
74A Application of scheme to multiple occupancy contracts 13
(1) The provisions of this Part apply in respect of an agreement for 14
the sale or transfer of a parcel of land on which 2 or more homes 15
are built or being built (a multiple occupancy contract) as if: 16
(a) the multiple occupancy contract were a separate agreement 17
or transfer in relation to each home built or to be built on 18
the land as an exclusive occupancy, and 19
(b) the purchasers or transferees who will be entitled to 20
occupy a home as an exclusive occupancy are the only 21
purchasers or transferees under the separate agreement or 22
transfer relating to the home. 23
(2) Any such separate agreement or transfer is taken to be an 24
agreement or transfer for the whole of the property if it is for all 25
of the land to be used or occupied for the purposes of the 26
exclusive occupancy. 27
(3) In this Part, a reference to the dutiable property the subject of the 28
agreement or transfer is a reference to that part of the land that is 29
to be used or occupied for the purposes of the exclusive 30
occupancy. 31
(4) For the purposes of this section, a home that is being acquired or 32
built under a multiple occupancy contract is an exclusive 33
occupancy only if the Chief Commissioner is satisfied that a 34
person is or will be entitled to occupy the home as a place of 35
residence to the exclusion of other persons who, under the 36
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State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
contract, are to occupy the other home or homes built or being 1
built on the relevant land. 2
[20] Section 107 Assignment of rights under call option dutiable as transfer 3
Omit section 107 (1) and (2). Insert instead: 4
(1) If a person (A) who has a right under a call option to require 5
another person (B) to sell dutiable property assigns that right, so 6
that the option is exerciseable by a third person (C), duty under 7
Chapter 2 is chargeable on that assignment as if the assignment 8
were a transfer of the dutiable property concerned. 9
(2) For the purposes of this section: 10
(a) if A enters into an agreement or arrangement under which 11
A, for valuable consideration, relinquishes the right under 12
a call option to require B to sell dutiable property and a call 13
option to require B to sell the dutiable property is granted 14
to a third person (C), A is to be treated as having assigned 15
that right under the call option so that the option is 16
exerciseable by C, and 17
(b) if, on or in connection with the exercise of a call option, A, 18
for valuable consideration, enters into an agreement or 19
arrangement under which A nominates a third person (C) 20
as the purchaser or transferee of dutiable property the 21
subject of a call option, A is to be treated as having 22
assigned the right under the call option to require B to sell 23
the dutiable property so that the option is exerciseable 24
by C. 25
[21] Section 107 (3) 26
Omit ", following the assignment of a right under the call option, C". 27
Insert instead "an assignee of A". 28
[22] Section 108 Person liable to pay duty 29
Omit "his or her" from section 108 (1). Insert instead "the". 30
[23] Section 147 What are the "land holdings" of a landholder? 31
Omit "or by a custodian of the trustee of the unit trust scheme in its capacity 32
as custodian" from section 147 (2). 33
Insert instead ", by a custodian of the trustee of the unit trust scheme in its 34
capacity as custodian or by a sub-custodian of the custodian of the trustee of 35
the unit trust scheme in its capacity as sub-custodian". 36
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Amendment of Duties Act 1997 No 123 Schedule 1
[24] Section 158 Constructive ownership of land holdings and other 1
property: linked entities 2
Insert after section 158 (4): 3
(5) In this section, person includes a person who holds property as a 4
trustee or custodian for a trustee of a trust or as a member of a 5
partnership or other unincorporated body. 6
(6) If a person holds property as a trustee or custodian in relation to 2 7
or more trusts the person is to be treated as a separate person in 8
relation to each of those trusts and the property held under each 9
trust is to be treated as a separate property holding. 10
[25] Section 163B Exemption--break-up of marriages and other relationships 11
Insert after section 163B (7): 12
(7A) This section applies in respect of vested bankruptcy property 13
(within the meaning of the Family Law Act 1975 of the 14
Commonwealth) of a party to a marriage or de facto relationship 15
in the same way as it applies to matrimonial property or 16
relationship property. 17
[26] Section 163J Meaning of "associated person" 18
Omit the section. 19
[27] Section 163K Goods of a landholder 20
Omit "or by a custodian of the trustee of the unit trust scheme in its capacity 21
as custodian" from section 163K (3). 22
Insert instead ", by a custodian of the trustee of the unit trust scheme in its 23
capacity as custodian or by a sub-custodian of the custodian of the trustee of 24
the unit trust scheme in its capacity as sub-custodian". 25
[28] Chapter 5 Lease instruments 26
Omit the Chapter. 27
[29] Section 216 Mortgages over property not wholly within New South Wales 28
Omit section 216 (3)-(5). Insert instead: 29
(3) The dutiable proportion is to be calculated by reference to any 30
relevant document that provides, or relevant documents that 31
together provide, the value of all property affected by the 32
mortgage, subject to this section. 33
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State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
(4) A relevant document is any of the following prepared within 1
12 months before the liability date for the mortgage: 2
(a) an independent valuation of the secured property, 3
(b) a statement of the mortgagee based on information 4
obtained by the mortgagee in deciding to make the 5
advance to the mortgagor, 6
(c) property valuations used by the mortgagor in preparing an 7
annual return to be lodged under the Corporations Act 8
2001 of the Commonwealth, 9
(d) a financial report of the mortgagor or a group of which the 10
mortgagor is a member, certified by an independent 11
auditor as presenting a true and fair view of a corporation's 12
or group's financial position, 13
(e) agreed property valuations that form the basis of the 14
mortgagor's insurance policies, 15
(f) another document the Chief Commissioner considers to be 16
appropriate for calculating the dutiable proportion. 17
(5) If more than one relevant document is available for determining 18
the value of the same property, the Chief Commissioner is to give 19
preference to the most recently prepared document, subject to 20
this section. 21
(6) If a mortgagor is a member of a group, and a financial report 22
comprising the consolidated accounts of the group is available, 23
and is a relevant document, the dutiable proportion is to be 24
calculated primarily by reference to that relevant document, 25
unless the Chief Commissioner does not consider it appropriate 26
to do so. In such a case, the only debt or equity to be taken into 27
account in calculating the dutiable proportion is the debt and 28
equity as disclosed in that financial report. 29
[30] Section 216A 30
Insert after section 216: 31
216A Calculation of dutiable proportion--goodwill and intellectual 32
property 33
For the purposes of this Chapter, if the property secured by a 34
mortgage includes the goodwill of a business or intellectual 35
property, the goodwill or intellectual property is taken to be 36
property in New South Wales to the extent that it would have 37
comprised a business asset under Chapter 2 if it had been 38
transferred to the mortgagor immediately before the liability date, 39
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State Revenue Legislation Amendment Bill 2010
Amendment of Duties Act 1997 No 123 Schedule 1
which has a value equivalent to the dutiable value of such a 1
transfer. 2
[31] Section 222 Exempt mortgages and supporting instruments 3
Omit section 222 (2) (e). 4
[32] Section 227A Transfer of mortgages 5
Omit "section 218B (1)" from section 227A (6). Insert instead "section 210". 6
[33] Section 267 Exemptions 7
Insert after section 267 (6A): 8
(6B) Vehicles transferred from trustee in bankruptcy 9
Subsections (6) and (6A) apply in respect of vested bankruptcy 10
property (within the meaning of the Family Law Act 1975 of the 11
Commonwealth) of a party to a marriage or de facto relationship 12
in the same way as they apply to matrimonial property or the 13
property of a party to a de facto relationship. 14
[34] Section 274 Transfer of certain business property between family 15
members 16
Insert after section 274 (5): 17
(5A) This section does not apply if the transferee acquires the land or 18
shares concerned as a trustee. 19
[35] Section 275 Charitable and benevolent bodies 20
Omit section 275 (1). Insert instead: 21
(1) Duty under this Act is not chargeable on the following: 22
(a) a transfer, or an agreement for the sale or transfer, of 23
dutiable property to an exempt charitable or benevolent 24
body, 25
(b) a declaration of trust over dutiable property held or to be 26
held on trust for an exempt charitable or benevolent body, 27
(c) a surrender of an interest in land in New South Wales to an 28
exempt charitable or benevolent body, 29
(d) a vesting of dutiable property in an exempt charitable or 30
benevolent body, 31
(e) a lease of dutiable property to an exempt charitable or 32
benevolent body, 33
(f) a mortgage given by or on behalf of an exempt charitable 34
or benevolent body. 35
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State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
[36] Section 275A Partial exemption for certain transactions by charitable 1
and benevolent bodies 2
Omit section 275A (1). Insert instead: 3
(1) If the Chief Commissioner is satisfied, in relation to any dutiable 4
transaction by which an exempt charitable or benevolent body 5
acquires land or an interest in land, that the land concerned is 6
used or to be used by the charitable or benevolent body partly for 7
an exempt purpose, the dutiable value of the land concerned is, 8
for the purposes of charging duty under Chapter 2, to be reduced 9
by the portion of that dutiable value that is referable to the portion 10
of the land used or to be used for an exempt purpose. 11
[37] Section 282 12
Omit the section. Insert instead: 13
282 Mortgage-backed securities 14
(1) Duty under this Act is not chargeable in respect of a mortgage to 15
the extent that it is a mortgage over the interest of a person in a 16
pool of mortgages relating to debt securities that are 17
mortgage-backed securities issued by the person to secure the 18
repayment of financial accommodation provided to the person. 19
(2) Duty under this Act is not chargeable in respect of a mortgage to 20
the extent that it is a mortgage of a mortgage or pool of mortgages 21
or part of a pool of mortgages in connection with creating, 22
issuing, marketing or securing a mortgage-backed security. 23
(3) Duty under this Act is not chargeable in respect of a transaction 24
or instrument to the extent that it is, or effects: 25
(a) the issue or making of a mortgage-backed security, or 26
(b) the transfer or assignment of or other dealing with a 27
mortgage-backed security, or 28
(c) the discharge, cancellation or termination of a 29
mortgage-backed security. 30
(4) Duty under this Act is not chargeable in respect of a mortgage 31
executed on or after 1 July 1998 to the extent that it is a mortgage 32
of a mortgage or pool of mortgages or part of a pool of mortgages 33
for the purpose of creating, issuing, marketing or securing a 34
mortgage-backed security: 35
(a) to a person entitled to a mortgage-backed security or a 36
trustee or agent for such a person, or 37
(b) by or to a person who issues, makes or endorses a 38
mortgage-backed security, or 39
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State Revenue Legislation Amendment Bill 2010
Amendment of Duties Act 1997 No 123 Schedule 1
(c) to a person who provides security (whether as a guarantor, 1
surety or otherwise) to a person entitled to a 2
mortgage-backed security or a trustee or agent for such a 3
person. 4
Note. Mortgage, mortgage-backed security and pool of mortgages 5
are defined in the Dictionary. 6
[38] Section 283 Instruments issued for the purpose of creating, issuing or 7
marketing mortgage-backed securities 8
Insert "to the extent that it was executed for that purpose" after "securities". 9
[39] Section 284 10
Omit the section. Insert instead: 11
284 Asset-backed securities 12
Duty is not chargeable in respect of a transaction or instrument to 13
the extent that it is, or effects, any of the following: 14
(a) the issue or making of an asset-backed security, 15
(b) the transfer or assignment of or other dealing with an 16
asset-backed security, 17
(c) the discharge, cancellation or termination of an 18
asset-backed security, 19
(d) an instrument that, in the Chief Commissioner's opinion, 20
was executed for the purpose of creating, issuing or 21
marketing asset-backed securities, 22
(e) a mortgage over the interest of a person in a pool of assets, 23
being a mortgage relating to debt securities that are 24
asset-backed securities issued by the person to secure the 25
repayment of financial accommodation provided to the 26
person, 27
(f) a mortgage over a financial asset or pool of assets or part 28
of a pool of assets in connection with creating, issuing, 29
marketing or securing an asset-backed security, 30
(g) a policy of insurance covering any or all assets in a pool of 31
assets acquired or held for the purpose of issuing 32
asset-backed securities, but only so far as the instrument 33
relates to asset-backed securities. 34
Note. Asset-backed security and pool of assets are defined in the 35
Dictionary. 36
[40] Section 288A Reassessment following interim payment of duty 37
Omit the section. 38
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State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
[41] Schedule 1 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
State Revenue Legislation Amendment Act 2010 3
[42] Schedule 1, Part 33 4
Insert after Part 32: 5
Part 33 Provisions consequent on enactment of 6
State Revenue Legislation Amendment Act 7
2010 8
83 Definition 9
In this Part: 10
Schedule 1.3 amendments means the amendments made to this 11
Act by Schedule 1.3 to the State Revenue Legislation Amendment 12
Act 2010. 13
84 General application of amendments 14
(1) The Schedule 1.3 amendments do not affect any liability for duty 15
that arose before 1 July 2010. 16
(2) In particular, the repeal of Chapter 5 by the Schedule 1.3 17
amendments does not affect any obligation to pay duty under this 18
Act in respect of a lease instrument first executed before 19
1 January 2008 and this Act, as in force immediately before 20
1 July 2010, continues to apply in respect of any such obligation. 21
85 Amendments relating to assessment of duty on dutiable 22
transactions 23
The Schedule 1.3 amendments apply in respect of any dutiable 24
transaction that occurs on or after 1 July 2010. 25
86 Amendments to call option assignment duty 26
The amendments made to section 107 by the Schedule 1.3 27
amendments do not apply in respect of an agreement or 28
arrangement entered into before 1 July 2010. 29
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State Revenue Legislation Amendment Bill 2010
Amendment of Duties Act 1997 No 123 Schedule 1
87 Mortgage duty 1
(1) The Schedule 1.3 amendments, in relation to mortgage duty, 2
apply to the assessment of mortgage duty in respect of the 3
following: 4
(a) a mortgage first executed on or after 1 July 2010 or that 5
first becomes liable to duty as a mortgage on or after 6
1 July 2010, 7
(b) an instrument of security that first affects property in New 8
South Wales on or after 1 July 2010 (whether or not the 9
instrument was first executed before that date). 10
(2) The Schedule 1.3 amendments, in relation to mortgage duty, 11
extend to the assessment of duty in respect of a mortgage first 12
executed before 1 July 2010 or that first became liable to duty as 13
a mortgage before 1 July 2010 if an advance or further advance 14
is made on or after 1 July 2010 that is secured by the mortgage. 15
[43] Dictionary 16
Omit the definitions of loan-backed security and pool of loans. 17
Insert in alphabetical order: 18
asset-backed security means: 19
(a) an instrument or property creating, conferring or 20
comprising a right or interest (whether described as a unit, 21
bond or otherwise) of or on a beneficiary in a scheme 22
under which the profits, distributions of capital or income 23
in which beneficiaries participate arise or arises from the 24
acquisition, holding, management or disposal of financial 25
assets, a pool of assets or a part of a pool of assets, or any 26
instrument which evidences such a right or interest, or 27
(b) a debt security: 28
(i) the payments under which by the person that issues 29
or makes the instrument are derived substantially 30
from the acquisition, holding, management or 31
disposal of financial assets, a pool of assets or a part 32
of a pool of assets, and 33
(ii) that is secured by a mortgage or charge over 34
financial assets, a pool of assets or a part of a pool 35
of assets, or 36
(c) an instrument of a class or description of instruments, or 37
property of a class or description of property, prescribed by 38
the regulations to be an asset-backed security for the 39
purposes of this definition. 40
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State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
financial asset means: 1
(a) a loan, including any security for the loan, or 2
(b) a credit card account, or 3
(c) a hire purchase agreement, or 4
(d) a chattel lease, whether finance or operating, or 5
(e) a vehicle dealer floor plan agreement, or 6
(f) a contract under which insurance or any other financial 7
service or product is provided, or 8
(g) any rights of a lender, bailor or financial service or product 9
provider that are usually conferred in relation to a financial 10
asset referred to above or that are incidental to a financial 11
asset referred to above. 12
pool of assets means a pool of assets that is comprised 13
substantially of any one or more of the following: 14
(a) financial assets, 15
(b) cash, 16
(c) notes, debentures, loans, stock, promissory notes, bonds or 17
other securities of a government body, 18
(d) bills of exchange, promissory notes or other negotiable 19
instruments accepted, drawn or endorsed by a bank, a 20
permanent building society or a government body, 21
(e) deposits with, or the acquisition of certificates of deposit or 22
any other security issued by, a bank, a permanent building 23
society or a government body, 24
(f) asset-backed securities, 25
(g) mortgage-backed securities, 26
(h) a guaranteed investment contract of a type approved by the 27
Chief Commissioner, 28
(i) assets of a class or description of assets prescribed by the 29
regulations for the purposes of this definition. 30
[44] Dictionary, definitions of "cost", "fit-out costs", "franchise", "franchise 31
arrangement", "franchisee", "franchisor" and "variation" 32
Omit the definitions. 33
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State Revenue Legislation Amendment Bill 2010
Amendment of Duties Act 1997 No 123 Schedule 1
[45] Dictionary 1
Insert in alphabetical order: 2
special disability trust has the meaning given by section 1209L 3
of the Social Security Act 1991 of the Commonwealth. 4
Commencement 5
The amendments commence, or are taken to have commenced, on 1 July 2010. 6
Explanatory note 7
Duties exemptions and concessions 8
Items [4] and [14] (proposed section 65 (22)) of the proposed amendments provide for 9
a nominal amount of duty, or an exemption from duty, in respect of certain dutiable 10
transactions and declarations of trust that are made in connection with a special 11
disability trust. These are certain trusts that are established for the purpose of making 12
financial provision for people with disabilities and that comply with requirements under 13
the Social Security Act 1991 of the Commonwealth. Item [45] contains a definition of 14
special disability trust. 15
Item [3] refines the circumstances in which certain transactions that are made as a 16
consequence of the retirement of a trustee and the appointment of a new trustee are 17
chargeable with nominal duty. Under the existing provisions, a nominal amount is 18
charged in such circumstances if the dutiable property concerned is transferred to a 19
special trustee. The amendment limits the definition of special trustee, so that the 20
concession applies only to a licensed trustee acting in its capacity as trustee or 21
administrator of a deceased estate or the trustee of a complying superannuation fund 22
acting in its capacity as trustee of that fund. Item [4] includes new requirements that 23
must be met before a transfer of dutiable property to a licensed trustee company that 24
is not acting in its capacity as trustee or administrator of a deceased estate will be 25
chargeable with nominal duty. 26
Items [5] and [6] are a consequential amendments to the amendments made by 27
items [3] and [4]. 28
Item [7] provides for nominal duty on certain transfers of dutiable property that are 29
made by the custodian for the trustee of a trust to another custodian of the trustee of 30
the trust, where there is no change in the beneficial ownership of the dutiable property 31
and certain other requirements are met. 32
Item [8] extends an existing duty concession for certain transfers that are made in 33
connection with a person changing superannuation funds. The concession is extended 34
to a transfer of marketable securities from a life company or custodian for a life 35
company to the trustee, or the custodian of the trustee, of a superannuation fund that 36
is made in the consideration of the surrender or termination of a policy of life insurance 37
issued by the life company. 38
Item [9] provides for the charging of a nominal amount of duty on a transfer or an 39
agreement to transfer dutiable property from a person to the trustee of a self managed 40
superannuation fund, if: 41
(a) the transferor is the only member of the superannuation fund or the property is 42
to be held by the trustee of the superannuation fund solely for the benefit of the 43
transferor, and 44
(b) the property is to be used solely for the purpose of providing a retirement benefit 45
to the transferor. 46
Item [10] provides for the charging of nominal duty on a declaration by an executor of 47
a will that is made under section 11 of the Trustee Act 1925 (a declaration by the 48
Page 29
State Revenue Legislation Amendment Bill 2010
Schedule 1 Amendment of Duties Act 1997 No 123
executor that he or she ceases to hold property as executor and now holds property as 1
a trustee or beneficiary). 2
Item [11] exempts from duty a transfer of dutiable property to, or vesting of dutiable 3
property in, a former bankrupt for no consideration, where the transfer or vesting is 4
made as a consequence of the discharge or annulment of bankruptcy. 5
Item [12] revises a duty exemption that is applicable to certain instruments relating to 6
superannuation, so that it applies only if the Chief Commissioner of State Revenue is 7
satisfied that the primary purpose for which the relevant transaction was effected was 8
to comply with legal requirements relating to superannuation funds. 9
Item [13] exempts from duty a vesting of association property in an association that 10
occurs on the registration of a plan or dealing by which association property is created 11
under the Community Land Development Act 1989. 12
Item [14] (proposed section 65 (23)) establishes a duty exemption for certain dutiable 13
transactions that are made as a consequence of enforcement action taken in respect 14
of a registered maintenance liability under the Child Support (Registration and 15
Collection) Act 1988 of the Commonwealth (such as a liability for child or spouse 16
support). 17
Item [14] (proposed section 65 (24)) establishes a duty exemption for certain dutiable 18
transactions that are made to rectify the consequences of fraudulent conduct or as a 19
consequence of a court declaration that a registered transfer is void or voidable. 20
Items [15], [25] and [33] extend duty exemptions relating to the break-up of marriages 21
and other relationships so that they apply to a transfer of vested bankruptcy property 22
of a party to a marriage or de facto relationship in the same way as they apply to 23
matrimonial property or relationship property. 24
Item [34] makes it clear that an exemption for the transfer of land used for primary 25
production between family members does not apply if the person acquiring the land 26
does so as a trustee. 27
Items [35] and [36] extend existing duty exemptions available to charitable and 28
benevolent bodies so that they apply to a larger range of dutiable transactions. 29
Items [39] and [43] extend an existing exemption for securitisation arrangements so 30
that it applies not only to loan-backed securities but to any asset-backed security. 31
Asset-backed security is defined in item [43]. The amendments also ensure that the 32
exemption applies to transactions or instruments to the extent that they relate to 33
securitisation only. Items [37] and [38] include a similar limitation for securitisation 34
arrangements that relate to mortgage-backed securities. 35
Dutiable transactions 36
Item [1] makes it clear, for avoidance of doubt, that a liability for duty arises in respect 37
of a transaction with respect to dutiable property that is taken to be a transfer of dutiable 38
property (such as an agreement to transfer property or a declaration of trust over 39
dutiable property) even if the dutiable property is not in existence at the time that the 40
transfer is taken to have occurred. 41
First Home Plus scheme 42
Item [16] ensures that a person who owns property as an executor of an estate is not 43
prevented from being eligible under the First Home Plus scheme if he or she decides 44
to purchase the property. 45
Item [19] makes further provision for the application of the First Home Plus scheme to 46
multiple occupancy contracts. The object of the amendment is to ensure that the cap 47
on the value of the dutiable transaction applies to that part of the land that is to be an 48
exclusive occupancy under the contract, and not to the whole of the land. Items [17] 49
and [18] are consequential amendments. 50
Page 30
State Revenue Legislation Amendment Bill 2010
Amendment of Duties Act 1997 No 123 Schedule 1
Call option assignments 1
Item [20] provides for further circumstances in which the assignment of a call option will 2
be considered to be a dutiable transaction. As a result of the amendment, an 3
agreement or arrangement under which a person nominates another person as 4
purchaser or transferee of dutiable property the subject of a call option will be treated 5
as a dutiable transaction in certain circumstances. Item [21] is a consequential 6
amendment. Item [22] is to avoid an argument that the provisions apply to natural 7
persons only. 8
Landholder duty 9
Item [24] amends the landholder duty provisions that allow the tracing of interests 10
through linked entities. The amendment clarifies that interests can be traced through 11
trusts and partnerships. It also ensures that where a person holds property in different 12
capacities, the property holdings will be treated as separate property holdings for the 13
purposes of the tracing provisions. 14
Items [23] and [27] are law revision amendments to clarify that certain provisions that 15
apply with respect to the custodian of the trustee of a unit trust scheme also apply to 16
any sub-custodian of the custodian. 17
Item [26] omits a redundant provision. 18
Mortgage duty 19
Items [29] and [30] clarify the method for determining the value of property secured by 20
a mortgage (for mortgage duty) when the mortgage relates to property that is partly 21
within and partly outside New South Wales. 22
Item [29] makes it clear that more than one relevant document can be used for the 23
purpose of determining the value of property affected by the mortgage. The document 24
or documents used must provide a value of all the property affected by the mortgage. 25
The proposed amendment also provides that, for a mortgagor who is a member of a 26
group, the consolidated accounts of the group (if available and relevant) are to be used 27
for the purpose of calculating the dutiable proportion of the mortgage. In that case, the 28
only debt or equity to be taken into account is the debt or equity as disclosed in the 29
consolidated accounts. This last requirement prevents a practice of double-counting 30
which reduces the dutiable proportion of the mortgage. 31
Item [30] provides a method for calculating the value of the goodwill of a business or 32
intellectual property in New South Wales, using a test similar to the test for business 33
assets in Chapter 2 of the Duties Act 1997. 34
Item [31] removes a redundant provision. 35
Item [32] corrects a cross-reference. 36
Miscellaneous 37
Items [28] and [44] omit provisions of the Duties Act 1997 relating to duty on lease 38
instruments. The provisions are redundant on account of the abolition of lease duty. 39
Items [2] and [40] are consequential amendments. 40
Item [41] enables savings and transitional regulations to be made as a consequence of 41
the enactment of the proposed Act. 42
Item [42] provides for specific savings and transitional matters. 43
Page 31
State Revenue Legislation Amendment Bill 2010
Schedule 2 Amendment of emergency services legislation
Schedule 2 Amendment of emergency services 1
legislation 2
2.1 Fire Brigades Act 1989 No 192 3
[1] Section 47 Imposition of fire brigade contributions to be paid 4
Insert after section 47 (2): 5
(3) The Chief Executive, Emergency Management NSW (as defined 6
in the State Emergency and Rescue Management Act 1989) or 7
such other person as may be approved by the Minister is, on 8
behalf of the Commissioner, authorised to collect fire brigade 9
contributions and to bank the money that is collected before it is 10
paid into the Fund. 11
[2] Section 49 When fire brigade contributions are to be paid 12
Omit "1 July" from section 49 (2) (a). Insert instead "1 August". 13
Commencement 14
Item [2] commences, or is taken to have commenced, on 30 June 2010. 15
Explanatory note 16
Item [1] of the proposed amendments expressly authorises the Chief Executive, 17
Emergency Management NSW to collect fire brigade contributions payable under 18
Part 5 of the Fire Brigades Act 1989 and to bank the money before it is paid into the 19
NSW Fire Brigades Fund. 20
Item [2] provides that the first of the 4 fire brigade contribution instalments for a financial 21
year is to be paid on or before 1 August instead of 1 July. 22
2.2 Rural Fires Act 1997 No 65 23
[1] Section 106 Imposition of rural fire brigade contributions to be paid 24
Insert after section 106 (2): 25
(3) The Chief Executive, Emergency Management NSW (as defined 26
in the State Emergency and Rescue Management Act 1989) or 27
such other person as may be approved by the Minister is, on 28
behalf of the Commissioner, authorised to collect rural fire 29
brigade contributions and bank the money that is collected before 30
it is paid into the Fund. 31
[2] Section 108 When fire brigade contributions are to be paid 32
Omit "1 July" from section 108 (2) (a). Insert instead "1 August". 33
Commencement 34
Item [2] commences, or is taken to have commenced, on 30 June 2010. 35
Page 32
State Revenue Legislation Amendment Bill 2010
Amendment of emergency services legislation Schedule 2
Explanatory note 1
Item [1] expressly authorises the Chief Executive, Emergency Management NSW to 2
collect rural fire brigade contributions payable under Part 5 of the Rural Fires Act 1997 3
and to bank the money before it is paid into the NSW Rural Fire Fighting Fund. 4
Item [2] provides that the first of the 4 rural fire brigade contribution instalments for a 5
financial year is to be paid on or before 1 August instead of 1 July. 6
2.3 State Emergency and Rescue Management Act 1989 No 165 7
[1] Section 3 Definitions 8
Insert in alphabetical order in section 3 (1): 9
Chief Executive, Emergency Management NSW means the 10
person holding office under Chapter 1A of the Public Sector 11
Employment and Management Act 2002 as the chief executive of 12
Emergency Management NSW. 13
Emergency Management NSW means that part of the 14
Government Service comprising the group of staff who are 15
principally involved in the administration of this Act. 16
[2] Section 20A State Emergency Recovery Controller 17
Omit "a senior executive officer" where firstly occurring in section 20A (2). 18
Insert instead "the Chief Executive, Emergency Management NSW". 19
[3] Schedule 4 Savings, transitional and other provisions 20
Insert at the end of clause 1 (1): 21
State Revenue Legislation Amendment Act 2010, but only to the 22
extent that it amends this Act, the Fire Brigades Act 1989, the 23
Rural Fires Act 1997 or the State Emergency Service Act 1989. 24
[4] Schedule 4, Part 7 25
Insert after Part 6: 26
Part 7 Provisions consequent on State Revenue 27
Legislation Amendment Act 2010 28
14 Collection of emergency services contributions 29
(1) In this clause: 30
relevant provision means any of the following provisions (as 31
inserted by the State Revenue Legislation Amendment Act 2010): 32
(a) section 47 (3) of the Fire Brigades Act 1989, 33
(b) section 106 (3) of the Rural Fires Act 1997, 34
Page 33
State Revenue Legislation Amendment Bill 2010
Schedule 2 Amendment of emergency services legislation
(c) section 24E (3) of the State Emergency Service Act 1989. 1
(2) Anything done by the Chief Executive, Emergency Management 2
NSW before the commencement of this clause that could have 3
been validly done under a relevant provision if the provision had 4
been in force when it was done is taken to have been validly done 5
on and from the date when it was done. 6
Explanatory note 7
Item [1] recognises Emergency Management NSW as being that part of the 8
Government Service in which persons are employed to administer the State 9
Emergency and Rescue Management Act 1989 and also defines the position of Chief 10
Executive, Emergency Management NSW. 11
Item [2] provides that the person appointed as the State Emergency Recovery 12
Controller must be the Chief Executive, Emergency Management NSW rather than any 13
senior executive officer. 14
Item [3] enables savings and transitional regulations to be made as a consequence of 15
the proposed amendments and the amendments made elsewhere by this Schedule. 16
Item [4] validates any previous action by the Chief Executive, Emergency Management 17
NSW in collecting emergency services contributions. 18
2.4 State Emergency Service Act 1989 No 164 19
[1] Section 24E Imposition of SES contributions to be paid 20
Insert after section 24E (2): 21
(3) The Chief Executive, Emergency Management NSW or such 22
other person as may be approved by the Minister is, on behalf of 23
the Commissioner, authorised to collect SES contributions and 24
bank the money that is collected before it is paid into the Fund. 25
[2] Section 24G When SES contributions are to be paid 26
Omit "1 July" from section 24G (2) (a). Insert instead "1 August". 27
Commencement 28
Item [2] commences, or is taken to have commenced, on 30 June 2010. 29
Explanatory note 30
Item [1] expressly authorises the Chief Executive, Emergency Management NSW to 31
collect SES contributions payable under Part 5A of the State Emergency Service Act 32
1989 and to bank the money before it is paid into the NSW State Emergency Service 33
Fund. 34
Item [2] provides that the first of the 4 SES contribution instalments for a financial year 35
is to be paid on or before 1 August instead of 1 July. 36
Page 34
State Revenue Legislation Amendment Bill 2010
Amendment of Gaming Machine Tax Act 2001 No 72 Schedule 3
Schedule 3 Amendment of Gaming Machine Tax Act 1
2001 No 72 2
[1] Section 12 Annual rate for hoteliers 3
Insert at the end of section 12: 4
Note. From the 2010 tax year, tax rates 1 and 2 are nil. Accordingly, no 5
tax is payable on profits of up to $200,000. 6
[2] Section 13 Instalment rate for hoteliers 7
Insert at the end of section 13: 8
Note. From the 2010 tax year, tax rates 1 and 2 are nil. Accordingly, an 9
instalment is not payable on profits in an instalment period of up to 10
$50,000. 11
[3] Section 13A Tax rates for hoteliers 12
Omit the matter relating to 2010 and subsequent tax years from Table 1. 13
Insert instead: 14
2010 and Nil Nil 33.0 33.0 36.0 50.0
subsequent
tax years
[4] Schedule 2 Savings and transitional provisions 15
Insert at the end of clause 1 (1): 16
State Revenue Legislation Amendment Act 2010 17
Commencement 18
The amendments commence, or are taken to have commenced, on 1 July 2010. 19
Explanatory note 20
Item [3] of the proposed amendments changes the rates of gaming machine tax 21
applicable to hotels in the year commencing 1 July 2010 and subsequent years. Hotels 22
will no longer be liable to pay gaming machine tax on the first $200,000 of annual 23
gaming machine profits. For profits exceeding $200,000 a year and up to $5,000,000 24
a year, the rates are increased. For profits exceeding $5,000,000 the rate remains the 25
same. Items [1] and [2] are consequential amendments. 26
Item [4] enables savings and transitional regulations to be made as a consequence of 27
the enactment of the proposed Act. 28
Page 35
State Revenue Legislation Amendment Bill 2010
Schedule 4 Amendment of Health Insurance Levies Act 1982 No 159
Schedule 4 Amendment of Health Insurance Levies 1
Act 1982 No 159 2
[1] Section 16C Authorised agents 3
Omit section 16C (1) (a)-(d1). Insert instead: 4
(a) N.I.B. Health Funds Limited, and 5
(b) Westfund Limited, and 6
(c) Australian Health Management Group Pty Limited, and 7
(d) Grand United Corporate Health Limited, and 8
[2] Schedule 3 Transitional provisions 9
Insert after Part 5: 10
Part 6 Provision consequent on enactment of 11
State Revenue Legislation Amendment Act 12
2010 13
7 Authorised agents 14
(1) An appointment by the Minister for Health of a prescribed 15
organisation as an authorised agent under section 16C (2) is taken 16
on the commencement of the State Revenue Legislation 17
Amendment Act 2010 to be an appointment of the relevant 18
successor organisation. 19
(2) An agreement entered into with a prescribed organisation by the 20
Minister for Health under section 16C (2) is taken on that 21
commencement to be an agreement entered into with the relevant 22
successor organisation. 23
(3) For the purposes of this clause, the relevant successor 24
organisation is: 25
(a) in the case of the Western District Health Fund--Westfund 26
Limited, and 27
(b) in the case of the Wollongong Hospital and Medical 28
Benefits Contribution Fund--Australian Health 29
Management Group Pty Limited, and 30
(c) in the case of Grand United Friendly Society Limited-- 31
Grand United Corporate Health Limited. 32
Explanatory note 33
Item [1] of the proposed amendments removes a health benefits fund and updates the 34
names of other health benefits funds that are listed as prescribed organisations. Under 35
the Health Insurance Levies Act 1982, the Minister for Health may appoint these 36
Page 36
State Revenue Legislation Amendment Bill 2010
Amendment of Health Insurance Levies Act 1982 No 159 Schedule 4
organisations as authorised agents and enter into agreements with them for the 1
purposes of performing functions under the State Ambulance Insurance Plan. 2
Item [2] is a savings provision that provides that the appointment, before the 3
commencement of the proposed amendments, of a prescribed organisation as an 4
authorised agent is taken to be an appointment of the prescribed organisation under its 5
updated name. Similarly, an agreement entered into with a prescribed organisation 6
before the commencement of the proposed amendments is taken to be an agreement 7
with the prescribed organisation under its updated name. 8
Page 37
State Revenue Legislation Amendment Bill 2010
Schedule 5 Amendment of Insurance Protection Tax Act 2001 No 40
Schedule 5 Amendment of Insurance Protection Tax 1
Act 2001 No 40 2
[1] Part 1A 3
Insert after Part 1: 4
Part 1A Abolition of tax 5
3A Abolition of tax--effective 1 July 2011 6
(1) The tax imposed by this Act is abolished on 1 July 2011. 7
(2) The tax imposed by this Act is payable only in respect of a year 8
commencing before 1 July 2011. 9
(3) Section 11A applies only to a premium paid in a month occurring 10
before July 2011. 11
3B Liabilities not affected 12
The abolition of the tax imposed by this Act does not affect any 13
liability to pay the tax that arises before 1 July 2011 and this Act 14
continues to apply in respect of any such liability. 15
3C Refunds of tax from Policyholders Protection Fund 16
(1) If, at any time after 1 July 2011, the Treasurer determines that any 17
amount standing to the credit of the Policyholders Protection 18
Fund is not needed for payments to the Building Insurers' 19
Guarantee Fund and the Nominal Defendant's Fund in 20
accordance with Part 3A, the Treasurer may direct that the 21
amount (the refund amount) be paid from the Policyholders 22
Protection Fund for the purposes of providing a refund to 23
insurers. 24
(2) The refund amount is to be paid to insurers who pay tax under this 25
Act in respect of the year commencing 1 July 2010. 26
(3) Each of those insurers is to be paid the relevant proportion of the 27
refund amount. 28
(4) The relevant proportion is the proportion that the amount of tax 29
paid by the insurer under this Act in respect of the year 30
commencing 1 July 2010 bears to the total amount of tax paid by 31
all insurers under this Act in respect of that year. 32
(5) The Chief Commissioner is to pay the refund amount to insurers 33
in accordance with this section. 34
Page 38
State Revenue Legislation Amendment Bill 2010
Amendment of Insurance Protection Tax Act 2001 No 40 Schedule 5
[2] Section 16B Policyholders Protection Fund 1
Insert after section 16B (3) (c): 2
(ca) money the Treasurer directs to be paid from the Fund for 3
the purposes of providing a refund to insurers in 4
accordance with section 3C, 5
Explanatory note 6
Item [1] of the proposed amendments abolishes the tax imposed by the Insurance 7
Protection Tax Act 2001 with effect on 1 July 2011. It also enables the Treasurer to 8
authorise the refund to insurers of any amounts standing to the credit of the 9
Policyholders Protection Fund that are not required for the purposes of payment to the 10
Building Insurers' Guarantee Fund and the Nominal Defendant's Fund. Item [2] is a 11
consequential amendment. 12
Page 39
State Revenue Legislation Amendment Bill 2010
Schedule 6 Amendment of Land Tax Management Act 1956 No 26
Schedule 6 Amendment of Land Tax Management 1
Act 1956 No 26 2
[1] Section 3B Concessional trust--meaning 3
Insert after section 3B (2): 4
(3) For the purposes of this Act: 5
(a) a special disability trust (within the meaning of 6
section 1209L of the Social Security Act 1991 of the 7
Commonwealth) is taken to be a concessional trust, and 8
(b) the principal beneficiary of the special disability trust, as 9
referred to in section 1209M of the Social Security Act 10
1991 of the Commonwealth, is taken to be a beneficiary of 11
the trust. 12
[2] Section 9C Reduction in land value for flats on mixed development land 13
or mixed use land 14
Insert after section 9C (3): 15
(4) For the purposes of determining whether a flat has been used and 16
occupied by an owner of land as his or her principal place of 17
residence under subsection (3) (a), clauses 8, 9 and 10 of 18
Schedule 1A apply in respect of the flat, and that part of the land 19
on which the flat is situated, in the same way as they apply in 20
respect of land under the principal place of residence exemption. 21
Note. The effect of this provision is to deem a flat to be used and 22
occupied by the owner of the land as a principal place of residence in 23
certain circumstances, similar to the principal place of residence 24
exemption. As a consequence, the land value of the mixed development 25
land or mixed use land on which the flat is situated can be reduced by 26
the allowable proportion under this section. 27
[3] Section 9D Reduction in land value for single dwellings on mixed use 28
land 29
Insert after section 9D (6): 30
(6A) For the purposes of determining whether a single dwelling has 31
been used and occupied by an owner of land as his or her 32
principal place of residence under subsection (6) (a), clauses 8, 9 33
and 10 of Schedule 1A apply in respect of the single dwelling, 34
and that part of the land on which the dwelling is situated, in the 35
same way as they apply in respect of land under the principal 36
place of residence exemption. 37
Note. The effect of this provision is to deem a single dwelling to be used 38
and occupied by the owner of the land as a principal place of residence 39
in certain circumstances, similar to the principal place of residence 40
Page 40
State Revenue Legislation Amendment Bill 2010
Amendment of Land Tax Management Act 1956 No 26 Schedule 6
exemption. As a consequence, the land value of the mixed use land on 1
which the single dwelling is situated can be reduced by the allowable 2
proportion under this section. 3
[4] Section 10 Land exempted from tax 4
Omit "Children (Care and Protection) Act 1987, a residential child care centre 5
licensed under that Act" from section 10 (1) (g) (ii). 6
Insert instead "Children and Young Persons (Care and Protection) Act 1998". 7
[5] Section 10 (1) (p1) 8
Insert "(that is, an agreement that remains in force for an indefinite period and 9
that cannot be unilaterally terminated by the owner of the land)" after 10
"perpetuity". 11
[6] Section 10 (2) (a) 12
Omit "section 10B (2)". Insert instead "section 10B". 13
[7] Section 11 Limitation of exemption 14
Insert at the end of the section: 15
(2) This section does not apply in respect of the principal place of 16
residence exemption (within the meaning of Schedule 1A). 17
Note. See clause 2 (3) of Schedule 1A. 18
[8] Section 25A Classification of trust as special trust 19
Insert "that is made on the application of the trustee of a trust" after 20
"classification of a trust as a special trust" in section 25A (3). 21
[9] Section 25A (7) 22
Insert "that is made on the application of the trustee of a trust" after 23
"revocation of a classification". 24
[10] Section 25A (10) 25
Insert at the end of section 25A (10) (b): 26
, and 27
(c) assess or re-assess any land tax liability for land the subject 28
of a trust that is not a fixed trust on the basis of the trust 29
being a special trust, including land tax liability in respect 30
of land tax years that commenced or occurred before the 31
trust was classified as a special trust. 32
Page 41
State Revenue Legislation Amendment Bill 2010
Schedule 6 Amendment of Land Tax Management Act 1956 No 26
[11] Section 25A (11) 1
Insert after section 25A (10): 2
(11) In this section: 3
fixed trust has the meaning given by section 3A. 4
[12] Section 26 Purchaser and vendor 5
Omit section 26 (3). Insert instead: 6
(3) However, the purchaser under the agreement for sale is taken, for 7
the purposes of this Act, to be the owner of the land (to the 8
exclusion of the liability of the registered proprietor or vendor) if 9
under the terms of the agreement for sale: 10
(a) the purchaser is entitled to receive, if the land is let to a 11
tenant, any rents and profits derived from the tenancy, or 12
(b) the purchaser is entitled to exclusive possession of the land 13
and has taken possession of the land. 14
[13] Section 65A Alteration of strata unit entitlements 15
Omit the section. 16
[14] Schedule 1A Principal place of residence exemption 17
Omit "2 tax years" wherever occurring in clause 6 (3). 18
Insert instead "4 tax years". 19
[15] Schedule 1A, clause 6 (4) 20
Omit the subclause. 21
[16] Schedule 1A, clause 6 (7) (a) 22
Insert "or 9D" after "section 9C". 23
[17] Schedule 1A, clause 7 (4) 24
Omit "any tax year". Insert instead "the tax year". 25
[18] Schedule 1A, clause 8 (3A) 26
Insert after clause 8 (3): 27
(3A) The principal place of residence exemption also ceases to have 28
effect if the land ceases to be capable of being used and occupied 29
as a residence and remains incapable of being so used and 30
occupied for a period exceeding 4 years. 31
Page 42
State Revenue Legislation Amendment Bill 2010
Amendment of Land Tax Management Act 1956 No 26 Schedule 6
[19] Schedule 1A, clause 8 (7) (a) 1
Omit "the total period for which any such right of occupation is conferred does 2
not exceed 6 months in the tax year". 3
Insert instead "the period for which any such right of occupation is conferred 4
does not exceed a continuous period of 6 months, or a total period of 182 days, 5
in the tax year". 6
[20] Schedule 1A, clause 8 (7A) 7
Insert after clause 8 (7): 8
(7A) For the purposes of subclause (7), each overnight stay counts as 9
one day. 10
[21] Schedule 1A, clause 9 (1A) 11
Omit the subclause. 12
[22] Schedule 1A, clause 9 (2) 13
Omit "Subclauses (1) and (1A) operate". 14
Insert instead "Subclause (1) operates". 15
[23] Schedule 1A, clause 9 (3) (c) (i) 16
Omit "(or the flat or dwelling)". 17
[24] Schedule 1A, clause 10 (2) 18
Omit the subclause. Insert instead: 19
(2) A person who is taken to be the owner of land under this clause 20
is taken to be the owner to the exclusion of any company that 21
owns the land in its capacity as the deceased person's personal 22
representative. 23
[25] Schedule 1A, clause 11 24
Insert at the end of the note at the end of the clause: 25
See also clause 10 (2). 26
[26] Schedule 1A, clause 13 (1) (b) 27
Omit the paragraph. Insert instead: 28
(b) the lots are in the same ownership, and 29
Page 43
State Revenue Legislation Amendment Bill 2010
Schedule 6 Amendment of Land Tax Management Act 1956 No 26
[27] Schedule 1A, clause 13 (1A) 1
Insert after clause 13 (1): 2
(1A) Lots are in the same ownership if: 3
(a) the lots are owned by the same person or, if any of the lots 4
are jointly owned, the lots are all jointly owned by the 5
same persons, or 6
(b) each lot is beneficially owned by the same person or, if any 7
of the lots have more than one beneficial owner, each lot is 8
beneficially owned by the same persons (subject to 9
clause 11). 10
[28] Schedule 1A, clause 13 (2) (a1) 11
Insert after clause 13 (2) (a): 12
(a1) separate lots that are divided by a fence, wall or other 13
structure are not to be regarded as adjoining unless access 14
is readily available between the lots, by means of gates, 15
doors, steps, stiles, elevators or openings or by similar 16
means, and 17
[29] Schedule 1A, clause 14 (1) (b) 18
Omit the paragraph. Insert instead: 19
(b) the strata lots are in the same ownership, and 20
[30] Schedule 1A, clause 14 (1A) 21
Insert after clause 14 (1): 22
(1A) Strata lots are in the same ownership if: 23
(a) the lots are owned by the same person or, if any of the lots 24
are jointly owned, the lots are all jointly owned by the 25
same persons, or 26
(b) each lot is beneficially owned by the same person or, if any 27
of the lots have more than one beneficial owner, each lot is 28
beneficially owned by the same persons (subject to 29
clause 11). 30
[31] Schedule 2 Savings and transitional provisions 31
Insert at the end of clause 1A (1): 32
State Revenue Legislation Amendment Act 2010 33
Page 44
State Revenue Legislation Amendment Bill 2010
Amendment of Land Tax Management Act 1956 No 26 Schedule 6
[32] Schedule 2, Part 24 1
Insert after Part 23: 2
Part 24 Provisions consequent on enactment of 3
State Revenue Legislation Amendment Act 4
2010 5
48 Definition 6
In this Part: 7
amending Act means the State Revenue Legislation Amendment 8
Act 2010. 9
49 Application of amendments 10
The amendments made to this Act by the amending Act apply in 11
respect of a land tax year commencing on or after the date of 12
commencement of the amendments and do not affect any liability 13
for land tax in respect of any land tax year commencing before 14
that date, except as otherwise provided by this Part. 15
50 Repeal of section 65A 16
(1) The repeal of section 65A by the amending Act is taken to have 17
had effect on and from the relevant date. 18
(2) The repeal revokes the power that was conferred on the Chief 19
Commissioner by that section, including in relation to a tax year 20
occurring or commencing before the relevant date. 21
(3) The amending Act does not affect the validity of any assessment, 22
reassessment or compromise assessment of land tax made on the 23
basis of section 65A before the relevant date. 24
(4) The amending Act does not affect any objection lodged or other 25
proceedings commenced before the relevant date that have not 26
been finally determined and section 65A continues to apply for 27
those purposes only. 28
(5) In this clause, the relevant date means the date of introduction of 29
the Bill for the State Revenue Legislation Amendment Act 2010 30
into the Legislative Assembly. 31
51 Concession for unoccupied land intended to be owner's principal 32
place of residence 33
Clause 6 of Schedule 1A, as in force immediately before its 34
amendment by the amending Act, continues to apply in respect of 35
a claim for the principal place of residence exemption that is 36
Page 45
State Revenue Legislation Amendment Bill 2010
Schedule 6 Amendment of Land Tax Management Act 1956 No 26
made by a person in respect of the 2011 tax year or a subsequent 1
tax year if clause 6 of Schedule 1A applied in respect of the 2
assessment of the person's ownership of the land in the 2010 tax 3
year or a previous tax year. 4
Explanatory note 5
Special disability trusts 6
Item [1] of the proposed amendments provides that a special disability trust is a 7
concessional trust for the purposes of the Land Tax Management Act 1956 (the Act). 8
A special disability trust is a trust that is established for the purpose of making financial 9
provision for people with disabilities and that complies with the requirements of the 10
Social Security Act 1991 of the Commonwealth. This enables the principal place of 11
residence exemption to be claimed by the trustee of the trust. 12
Mixed development and mixed use land 13
Items [2] and [3] relate to the land tax reduction that is applicable to mixed use or mixed 14
development land where part of the land is used and occupied as a principal place of 15
residence. The amendments apply certain concessions that are available under the 16
principal place of residence exemption for residential land, so that the land tax 17
reduction can be applied in certain circumstances where the residence concerned is 18
not actually being used and occupied by the owner of the land. The concessions 19
concerned are the concession for absences from a former residence, the concession 20
on death of the owner, and the concession for a tenancy following the death of an 21
owner. The last 2 concessions are already available in relation to mixed use and mixed 22
development land, but the amendments restructure the relevant provisions so that they 23
are all located in the one place. 24
Items [21]-[23] and [24] (to the extent that it omits clause 10 (2) of Schedule 1A) are 25
consequential amendments. 26
Principal place of residence exemption 27
The general rule for exemptions from land tax is that the exemption applies to the 28
benefit of the owner of the land who is exempt, and not to any other owners. Item [7] 29
makes it clear that this is subject to the principal place of residence exemption (that is, 30
if one owner uses and occupies the land as a principal place of residence all owners 31
receive the benefit of the principal place of residence exemption). 32
Item [14] extends (from 2 to 4 years) the period during which the principal place of 33
residence exemption can be claimed in respect of unoccupied land that is intended to 34
be the owner's principal place of residence. As a consequence of item [15], the Chief 35
Commissioner of State Revenue (the Chief Commissioner) will no longer have a 36
discretion to extend that period further. 37
Item [17] makes it clear that the concession under the principal place of residence 38
exemption for the sale of a former principal place of residence can apply only for one 39
tax year. 40
Items [19] and [20] revise the conditions under which a person can claim the principal 41
place of residence exemption during an extended absence. At present, the exemption 42
can be claimed only if the residence is not rented for more than 6 months in a tax year. 43
The amendments clarify that the residence also must not be rented for a total period of 44
182 days in a tax year, with each overnight stay counting as one day. 45
Item [18] further provides that the principal place of residence exemption ceases to 46
have effect if the land ceases to be capable of being used and occupied as a principal 47
place of residence and remains incapable of being so used and occupied for a period 48
exceeding 4 years. 49
Item [24] (to the extent that it inserts new clause 10 (2) in Schedule 1A) allows the 50
principal place of residence exemption to be claimed in respect of land owned by a 51
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State Revenue Legislation Amendment Bill 2010
Amendment of Land Tax Management Act 1956 No 26 Schedule 6
company in its capacity as the personal representative of a deceased person, in a case 1
where the existing principal place of residence concession for a continuing tenancy 2
following the death of an owner of the land would apply. Item [25] is a consequential 3
amendment. 4
Item [28] clarifies the circumstances in which the principal place of residence 5
exemption can be claimed in respect of 2 adjoining lots of land where the lots are 6
divided by a fence, wall or other structure. In order for the exemption to apply, access 7
must be readily available between the lots by means of gates, doors, steps, stiles, 8
elevators or openings, or by similar means. This requirement is additional to the other 9
requirements applicable to adjoining lots of land (for instance, that the lots must be in 10
the same ownership and occupied as the site of a single residence). 11
Items [27] and [30] provide, in relation to the same exemption, that lots may be 12
regarded as being in the same ownership if the lots are beneficially owned by the same 13
person or persons. Items [26] and [29] are consequential amendments. 14
Classification of trusts 15
At present, the Act allows the Chief Commissioner to classify a trust as a special trust 16
either on the application of the trustee or on his or her own motion. Land the subject of 17
a special trust does not receive the benefit of the tax-free threshold. Land that is the 18
subject of a fixed trust does receive the benefit of the tax-free threshold. Items [8]-[11] 19
make it clear that the fact that the Chief Commissioner does not classify a fixed trust 20
as a special trust until a particular year does not prevent the Chief Commissioner from 21
assessing or re-assessing the land tax liability in respect of land the subject of that trust 22
for a previous year if that trust was not a fixed trust. However, a classification of a fixed 23
trust as a special trust that is made on the application of the trustee of the trust has a 24
prospective application only. 25
Alteration of strata scheme unit entitlements 26
Item [13] repeals section 65A of the Act. This provision enabled the Chief 27
Commissioner to alter unit entitlements under a strata scheme for land tax purposes. 28
Miscellaneous 29
Item [5] clarifies the circumstances in which land the subject of a voluntary conservation 30
agreement will be exempt from land tax. The existing requirement is that the agreement 31
must be one that has effect in perpetuity. The amendment defines that to mean an 32
agreement that remains in force for an indefinite period and which cannot be 33
unilaterally terminated by the owner of the land. 34
Item [4] is a law revision amendment to update a reference to the Children (Care and 35
Protection) Act 1987, which has been replaced by the Children and Young Persons 36
(Care and Protection) Act 1998. The amendment in Schedule 13.1 is consequential on 37
this amendment. 38
Item [6] corrects a cross-reference. 39
Item [12] clarifies that a purchaser under an agreement for sale of land will be taken to 40
be the owner of the land for land tax purposes (to the exclusion of the owner) if, under 41
the terms of the agreement, the purchaser is entitled to receive any rents or profits 42
derived from a tenancy of the land or the purchaser is entitled to exclusive possession 43
of the land. 44
Item [16] updates a reference to the concession provision that applies to flats on mixed 45
development land or mixed use land so that it extends to the similar concession 46
provision that applies to single dwellings on mixed use land. 47
Item [31] provides for the making of savings and transitional regulations as a 48
consequence of the enactment of the proposed Act. 49
Item [32] provides for specific savings and transitional matters. 50
Page 47
State Revenue Legislation Amendment Bill 2010
Schedule 7 Amendment of Motor Vehicles Taxation Act 1988 No 111
Schedule 7 Amendment of Motor Vehicles Taxation 1
Act 1988 No 111 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
bus means a motor vehicle (not being a taxi-cab): 5
(a) plying on a road or road related area for hire for the 6
conveyance of passengers at separate fares, or 7
(b) fitted or equipped or constructed so as to seat more than 8
8 adult persons and used or let or intended to be used or let 9
for the conveyance of passengers for hire or for any 10
consideration or in the course of any trade or business. 11
lower taxed motor vehicle means a motor vehicle not exceeding 12
2,500 kilograms in weight that: 13
(a) is used substantially for private purposes and has been 14
modified in a manner or to an extent that is recognised by 15
the Authority as being solely or primarily for the transport 16
of a wheelchair, or 17
(b) is owned by at least one person who receives a carer 18
allowance or carer payment under the Social Security Act 19
1991 of the Commonwealth, or 20
(c) is designated by the Authority as a kind of energy efficient 21
motor vehicle in a list that is maintained for the purposes 22
of this definition by the Authority and is made publicly 23
available on its website or in some other manner that the 24
Authority considers appropriate, or 25
(d) is a trailer. 26
[2] Section 3 (1), definition of "motor car" 27
Omit "motor omnibus". Insert instead "bus". 28
[3] Section 3 (1), definition of "motor omnibus" 29
Omit the definition. 30
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State Revenue Legislation Amendment Bill 2010
Amendment of Motor Vehicles Taxation Act 1988 No 111 Schedule 7
[4] Section 3B 1
Omit the section. Insert instead: 2
3B Relationship with Part 2A of Road Transport (Vehicle Registration) 3
Act 1997 4
This Act applies to motor vehicles in respect of which an amount 5
of tax (including a nil amount) is specified in Schedule 1, but 6
does not apply to: 7
(a) a vehicle in respect of which a registration charge 8
(including a nil charge) is imposed under Part 2A of the 9
Road Transport (Vehicle Registration) Act 1997, or 10
(b) unless otherwise expressly provided in that Schedule, a 11
vehicle that is exempt from registration charges under that 12
Part. 13
Note. Part 2A of the Road Transport (Vehicle Registration) Act 1997 14
makes provision for registration charges for heavy vehicles. 15
[5] Section 5 Amount of tax 16
Omit "1996" from section 5 (1). Insert instead "2010". 17
[6] Section 5 (1A) 18
Omit the subsection. Insert instead: 19
(1A) If registration or renewal of registration of a motor vehicle of a 20
class described in Schedule 1 is effected for 1 year commencing 21
on any date (referred to in this section as the registration date), 22
the amount of motor vehicle tax applicable to the vehicle on 23
registration or renewal of registration is: 24
(a) in a case where the registration date occurs in the calendar 25
year 2011--the amount of such tax specified in Schedule 1 26
for a motor vehicle of that class, adjusted by the prescribed 27
proportion, or 28
(b) in a case where the registration date occurs in any 29
subsequent calendar year--the amount of such tax for 30
which a motor vehicle of that class was liable during the 31
previous year, adjusted by the prescribed proportion. 32
[7] Section 5 (1E) 33
Omit the subsection. 34
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State Revenue Legislation Amendment Bill 2010
Schedule 7 Amendment of Motor Vehicles Taxation Act 1988 No 111
[8] Section 23 Regulations 1
Omit "motor omnibuses" wherever occurring in section 23 (2) (b). 2
Insert instead "buses". 3
[9] Schedule 1 4
Omit the Schedule. Insert instead: 5
Schedule 1 Motor vehicle tax for 2010 6
(Section 5) 7
Note. Clause 2 of Schedule 2 provides that the amounts of tax specified in this 8
Schedule do not apply to motor vehicle tax payable under this Act before 1 July 2010. 9
Registrations and renewals effected in 2011 and subsequent calendar years attract 10
motor vehicle tax at indexed rates determined in accordance with section 5. 11
1 Motor cycles 12
The amount of tax for a motor cycle is $52. 13
2 Motor vehicles not exceeding 2,500 kg 14
The amount of tax for a motor vehicle (other than a motor cycle) 15
that has a weight not exceeding 2,500 kilograms is: 16
(a) if the vehicle is used substantially for private purposes and 17
is not a lower taxed motor vehicle--the amount specified 18
in Column 2 of Table 1 to this clause shown opposite the 19
appropriate range of weights for the vehicle in Column 1 20
of that Table, or 21
(b) if the vehicle is not used substantially for private purposes 22
and is not a lower taxed motor vehicle--the amount 23
specified in Column 3 of Table 1 to this clause shown 24
opposite the appropriate range of weights for the vehicle in 25
Column 1 of that Table, or 26
(c) if the vehicle is used substantially for private purposes and 27
is a lower taxed motor vehicle--the amount specified in 28
Column 2 of Table 2 to this clause shown opposite the 29
appropriate range of weights for the vehicle in Column 1 30
of that Table, or 31
(d) if the vehicle is not used substantially for private purposes 32
and is a lower taxed motor vehicle--the amount specified 33
in Column 3 of Table 2 to this clause shown opposite the 34
appropriate range of weights for the vehicle in Column 1 35
of that Table. 36
Page 50
State Revenue Legislation Amendment Bill 2010
Amendment of Motor Vehicles Taxation Act 1988 No 111 Schedule 7
Table 1--Motor vehicles that are not lower taxed motor 1
vehicles 2
Column 1 Column 2 Column 3
Weight of vehicle Tax if vehicle Tax if vehicle not
used substantially used substantially
for private for private
purposes purposes
Exceeding Not $ $
kg exceeding
kg
975 176 286
975 1,150 204 325
1,150 1,500 250 394
1,500 2,500 381 594
Table 2--Lower taxed motor vehicles 3
Column 1 Column 2 Column 3
Weight of vehicle Tax if vehicle used Tax if vehicle not
substantially for used
private purposes substantially for
private purposes
Exceeding Not $ $
kg exceeding
kg
975 176 286
975 1,150 199 320
1,150 1,500 230 374
1,500 2,500 351 564
3 Motor vehicles exceeding 2,500 kg that are not buses, private use 4
vehicles, motor lorries or light self-propelled plant 5
The amount of tax for a motor vehicle with all of the following 6
characteristics is the amount specified in, or calculated in the 7
manner specified in, Column 2 of the Table to this clause shown 8
opposite the appropriate range of weights for the vehicle in 9
Column 1 of that Table: 10
(a) the vehicle has a weight exceeding 2,500 kilograms, 11
(b) the vehicle is not liable to registration charges (including a 12
nil charge) under Part 2A of the Road Transport (Vehicle 13
Page 51
State Revenue Legislation Amendment Bill 2010
Schedule 7 Amendment of Motor Vehicles Taxation Act 1988 No 111
Registration) Act 1997 or is exempt from registration 1
charges under that Part, 2
(c) the vehicle is not used substantially for private purposes, 3
(d) the vehicle is not a bus, motor lorry or light self-propelled 4
plant as defined in clause 6. 5
Table 6
Column 1 Column 2
Weight of the vehicle Tax
Exceeding Not exceeding $
kg kg
2,500 2,790 922
2,790 3,050 1,048
3,050 3,300 1,148
3,300 3,560 1,248
3,560 3,810 1,340
3,810 4,060 1,442
4,060 4,320 1,537
4,320 4,500 1,636
4,500 4,830 1,730
4,830 5,080 1,828
5,080 5,330 1,931
5,330 5,590 2,025
5,590 5,840 2,125
5,840 6,100 2,221
6,100 6,350 2,318
6,350 6,600 2,413
6,600 6,860 2,515
6,860 7,110 2,609
7,110 ... $2,609 plus $94.90 for
each 254 kg or part
thereof by which the
weight exceeds
7,110 kg
Page 52
State Revenue Legislation Amendment Bill 2010
Amendment of Motor Vehicles Taxation Act 1988 No 111 Schedule 7
4 Buses and private use vehicles exceeding 2,500 kg 1
The amount of tax for a motor vehicle with all of the following 2
characteristics is 60 per cent of the amount applicable to a vehicle 3
of the same weight under clause 3: 4
(a) the vehicle has a weight exceeding 2,500 kilograms, 5
(b) the vehicle is not liable to registration charges (including a 6
nil charge) under Part 2A of the Road Transport (Vehicle 7
Registration) Act 1997 or is exempt from registration 8
charges under that Part, 9
(c) the vehicle is used substantially for private purposes or is 10
a bus. 11
5 Motor lorries exceeding 2,500 kg 12
The amount of tax for a motor lorry that has a weight exceeding 13
2,500 kilograms and is not liable to registration charges 14
(including a nil charge) under Part 2A of the Road Transport 15
(Vehicle Registration) Act 1997 or is exempt from registration 16
charges under that Part is $594. 17
6 Light self-propelled plant 18
(1) In this clause, light self-propelled plant means plant (other than 19
a trailer) that: 20
(a) has a weight exceeding 2,500 kilograms, and 21
(b) is not liable to registration charges (including a nil charge) 22
under Part 2A of the Road Transport (Vehicle 23
Registration) Act 1997 or is exempt from registration 24
charges under that Part, and 25
(c) is not used substantially for private purposes. 26
(2) The amount of tax for a light self-propelled plant is the amount 27
specified in Column 2 of the Table to this clause shown opposite 28
the appropriate range of weights for the vehicle in Column 1 of 29
that Table. 30
Table 31
Column 1 Column 2
Weight of vehicle Tax
Exceeding Not exceeding $
kg kg
2,500 2,790 960
Page 53
State Revenue Legislation Amendment Bill 2010
Schedule 7 Amendment of Motor Vehicles Taxation Act 1988 No 111
Column 1 Column 2
Weight of vehicle Tax
Exceeding Not exceeding $
kg kg
2,790 3,050 1,092
3,050 3,300 1,196
3,300 3,560 1,301
3,560 3,810 1,397
3,810 4,060 1,503
4,060 4,320 1,603
4,320 4,500 1,705
7 Primary producers' vehicles--special provisions 1
The amount of tax for a primary producer's vehicle that is a motor 2
lorry (other than a station wagon), a tractor or a trailer is the lesser 3
of the following amounts: 4
(a) 55 per cent of the amount which would, but for this clause, 5
be applicable to the vehicle under clause 2 or 3, 6
(b) $564 (in the case of a lower taxed motor vehicle) or $594 7
(in the case of a motor vehicle that is not a lower taxed 8
motor vehicle). 9
8 Tractors--special provisions 10
Despite any other provision of this Schedule: 11
(a) the amount of tax payable for a tractor that is not a primary 12
producer's vehicle is not to exceed: 13
(i) if the tractor is a lower taxed motor vehicle-- $960, 14
or 15
(ii) if the tractor is not a lower taxed motor vehicle-- 16
$990, and 17
(b) the amount of tax payable for a tractor that is a primary 18
producer's vehicle is not to exceed: 19
(i) if the tractor is a lower taxed motor vehicle-- $528, 20
or 21
(ii) if the tractor is not a lower taxed motor vehicle-- 22
$545. 23
Page 54
State Revenue Legislation Amendment Bill 2010
Amendment of Motor Vehicles Taxation Act 1988 No 111 Schedule 7
9 Additional amount of tax--vehicles over 3,560 kg 1
(1) This clause applies to a motor vehicle that: 2
(a) has a weight exceeding 3,560 kilograms, and 3
(b) is not liable to registration charges (including a nil charge) 4
under Part 2A of the Road Transport (Vehicle 5
Registration) Act 1997 or is exempt from registration 6
charges under that Part, and 7
(c) is not used substantially for private purposes. 8
(2) The amount of tax applicable under clause 3 or 4 to a vehicle to 9
which this clause applies is increased: 10
(a) if the vehicle is not a bus--by $221, or 11
(b) if the vehicle is a bus--by $133. 12
[10] Schedule 2 Savings and transitional provisions 13
Insert at the end of clause 1 (1): 14
State Revenue Legislation Amendment Act 2010 15
[11] Schedule 2, clause 2 16
Insert after clause 1: 17
2 Provision consequent on enactment of State Revenue Legislation 18
Amendment Act 2010 19
The amendments made to section 5 and Schedule 1 by the State 20
Revenue Legislation Amendment Act 2010 do not affect any 21
motor vehicle tax that was or is payable in relation to the 22
registration or renewal of registration of a motor vehicle if that 23
registration or renewal was required before 1 July 2010. 24
Accordingly, any such motor vehicle tax is payable in accordance 25
with this Act as in force before the commencement of those 26
amendments. 27
Commencement 28
The amendments commence, or are taken to have commenced, on 1 July 2010. 29
Explanatory note 30
Item [1] of the proposed amendments includes the term lower taxed motor vehicle in 31
the Motor Vehicles Taxation Act 1988 (the Act) and updates another term used in that 32
Act for statute law revision purposes. The term lower taxed motor vehicle is defined 33
as meaning a motor vehicle, not exceeding 2,500 kilograms in weight, that is used 34
substantially for private purposes and is modified for wheelchair transport, that is 35
owned by a person receiving a carer payment or carer allowance from the 36
Commonwealth Government, that is designated by the Roads and Traffic Authority as 37
an energy efficient motor vehicle in a list kept by the Authority and made publicly 38
available or that is a trailer. Items [2] and [3] are consequential amendments. 39
Page 55
State Revenue Legislation Amendment Bill 2010
Schedule 7 Amendment of Motor Vehicles Taxation Act 1988 No 111
Item [9] substitutes Schedule 1 to the Act which contains the amounts of motor vehicle 1
tax. The new Schedule updates the figures which have been automatically increased, 2
in accordance with section 5 of the Act, to reflect CPI increases since the Schedule was 3
substituted in 1996. The new Schedule also generally increases the tax payable by 4
vehicles not exceeding 2,500 kilograms in weight on a sliding scale of $5 to $30 5
increasing with the weight of the vehicle. 6
The following motor vehicles are exempt from the non-CPI related increases of tax: 7
(a) lower taxed motor vehicles, 8
(b) motor cycles, 9
(c) motor vehicles not exceeding 975 kilograms in weight. 10
Items [5]-[8] are consequential amendments. 11
Item [4] substitutes section 3B of the Act for statute law revision purposes to clarify the 12
relationship between the Act and Part 2A of the Road Transport (Vehicle Registration) 13
Act 1997 which deals with registration charges for heavy vehicles. The new section 14
makes it clear that, if Schedule 1 to the Act expressly provides (as is currently the case), 15
motor vehicle tax is payable in respect of certain heavy vehicles that are exempt from 16
tax under Part 2A of the Road Transport (Vehicle Registration) Act 1997. 17
Item [10] enables regulations of a savings or transitional nature to be made consequent 18
on the enactment of the proposed amendments. 19
Item [11] provides that the new rates of motor vehicle tax are not payable in relation to 20
a motor vehicle if it was required to be registered, or its registration was required to be 21
renewed, before 1 July 2010. 22
Page 56
State Revenue Legislation Amendment Bill 2010
Amendment of Payroll Tax Act 2007 No 21 Schedule 8
Schedule 8 Amendment of Payroll Tax Act 2007 1
No 21 2
[1] Section 53 Maternity and adoption leave 3
Insert at the end of section 53: 4
Note. Clause 13A of Schedule 2 provides for a similar exemption for 5
paternity leave given to a male employee. That exemption is not included 6
in some corresponding laws. 7
[2] Schedule 1 Calculation of payroll tax liability for financial year 8
commencing 1 July 2007 and subsequent financial years 9
Omit paragraphs (c) and (d) from the definition of R in clause 1. 10
Insert instead: 11
(c) 5.65% on and from 1 January 2010 until the end of 12
30 June 2010, and 13
(d) 5.5% on and from 1 July 2010 until the end of 14
31 December 2010, and 15
(e) 5.45% on and from 1 January 2011. 16
[3] Schedule 2 NSW specific provisions 17
Omit "who was an employee of the employer within the period of 3 months 18
before commencing employment as a trainee" from clause 5 (5) (b). 19
Insert instead "who has been continuously employed by the employer for more 20
than 3 months full-time or 12 months casual or part-time immediately prior to 21
commencing employment as a trainee". 22
[4] Schedule 2, clause 13A 23
Insert after clause 13: 24
13A Paternity leave 25
(1) Wages are exempt wages if they are paid or payable to an 26
employee in respect of paternity leave, being leave given to a 27
male employee in connection with the pregnancy of a woman 28
with his unborn child or the birth of his child (other than sick 29
leave, recreation leave, annual leave or any similar leave). 30
(2) It is immaterial whether the leave is taken during or after the 31
pregnancy. 32
(3) The exemption is limited to wages paid or payable in respect of a 33
maximum of 14 weeks paternity leave in respect of any one 34
pregnancy. 35
Page 57
State Revenue Legislation Amendment Bill 2010
Schedule 8 Amendment of Payroll Tax Act 2007 No 21
(4) For the avoidance of doubt, a reference in subclause (3) to a 1
period of 14 weeks paternity leave is a reference to: 2
(a) a period that is the equivalent of 14 weeks leave on full 3
pay, in the case of full-time employees who take leave on 4
less than full pay, or 5
(b) a period of 14 weeks leave at part-time rates of pay, in the 6
case of part-time employees. 7
(5) The exemption does not apply to any part of wages paid or 8
payable in respect of paternity leave that comprises fringe 9
benefits. 10
(6) An employer wishing to claim an exemption under this clause in 11
respect of paternity leave must obtain and keep a medical 12
certificate in respect of, or statutory declaration by, the employee: 13
(a) stating that a woman is or was pregnant with the 14
employee's unborn child, or 15
(b) stating that a woman has given birth to the employee's 16
child and the date of birth. 17
Note. Section 53 of the Taxation Administration Act 1996 requires these 18
records to be kept for at least 5 years unless the Chief Commissioner 19
authorises earlier destruction. 20
[5] Schedule 2A Special provisions for financial years 2008-2010 21
Omit the note at the end of clause 3. Insert instead: 22
Note. This method of adding the payroll tax payable for 2 half-years 23
accommodates the financial years commencing on 1 July 2008, 2009 24
and 2010, in which the rate that applies in the first half of the year is 25
different from the rate that applies in the second half of the year. 26
[6] Schedule 3 Savings, transitional and other provisions 27
Insert at the end of clause 1 (1): 28
State Revenue Legislation Amendment Act 2010 29
Page 58
State Revenue Legislation Amendment Bill 2010
Amendment of Payroll Tax Act 2007 No 21 Schedule 8
[7] Schedule 3, Part 6 1
Insert after Part 5: 2
Part 6 Provision consequent on enactment of 3
State Revenue Legislation Amendment Act 4
2010 5
19 Exemptions and rebates 6
The amendments to Schedule 2 made by the State Revenue 7
Legislation Amendment Act 2010 apply to wages paid or payable 8
on or after 1 July 2010. 9
Commencement 10
The amendments commence, or are taken to have commenced, on 1 July 2010. 11
Explanatory note 12
Item [2] of the proposed amendments reduces the payroll tax rate payable for the 13
period from 1 July 2010 to 31 December 2010 from 5.65% to 5.5%. This brings forward 14
the payroll tax reduction that was due to occur on 1 January 2011. From 15
1 January 2011, the rate is further reduced to 5.45%. Item [5] is a consequential 16
amendment to update a note. 17
Item [4] exempts from payroll tax wages that are paid or payable to a male employee 18
for paternity leave. This exemption is similar to the exemption that applies to maternity 19
leave and adoption leave. Item [1] inserts a note in the maternity leave exemption 20
provisions drawing attention to the paternity leave exemption. The paternity leave 21
provisions are in a different part of the Act because not all States and Territories have 22
adopted a paternity leave exemption. Item [7] provides that the amendment applies to 23
wages paid or payable on or after 1 July 2010. 24
Item [3] provides that the payroll tax rebate that an employer is entitled to in respect of 25
apprentice/trainee wages does not apply to wages payable to a trainee who has been 26
continuously employed by the employer for more than 3 months full-time or 12 months 27
casual or part-time immediately before commencing work as a trainee. This replaces 28
an existing exclusion for wages payable to a trainee who was an employee of the 29
employer within the period of 3 months before becoming a trainee. Item [7] provides 30
that the amendment applies to wages paid or payable on or after 1 July 2010. 31
Item [6] enables savings and transitional regulations to be made as a consequence of 32
the enactment of the proposed Act. 33
Page 59
State Revenue Legislation Amendment Bill 2010
Schedule 9 Amendment of Public Finance and Audit Act 1983 No 152
Schedule 9 Amendment of Public Finance and Audit 1
Act 1983 No 152 2
Section 12A 3
Insert after section 12: 4
12A Minister may delegate or authorise other Ministers to delegate 5
expenditure of money appropriated etc to Minister 6
(1) A Minister to whom a sum of money is appropriated out of the 7
Consolidated Fund for a use or purpose (whether by an annual 8
Appropriation Act or other Act) may: 9
(a) delegate to another Minister or to an officer of any 10
authority, or 11
(b) authorise another Minister to delegate to an officer of any 12
authority, 13
the committing or incurring of expenditure from the sum so 14
appropriated. 15
(2) A Minister who is authorised to make payments for a use or 16
purpose from any account in the Special Deposits Account may: 17
(a) delegate to another Minister or to an officer of any 18
authority, or 19
(b) authorise another Minister to delegate to an officer of any 20
authority, 21
the committing or incurring of expenditure from the money in 22
that account. 23
(3) This section has effect for the purposes of section 12 and any 24
other law of the State. 25
Commencement 26
The amendment commences, or is taken to have commenced, on 1 July 2010. 27
Explanatory note 28
The proposed amendment (which makes express provision for a Minister's authority to 29
delegate the incurring of expenditure from money appropriated or made available to the 30
Minister) is consequential on the revised format of the Appropriation Bill 2010 arising 31
from the amalgamation of government departments and other agencies. The principal 32
agencies are responsible to more than one Minister. The Appropriation Bill 2010 33
provides that the appropriation for an agency is made to one of those Ministers with the 34
intention that the Minister will authorise other relevant Ministers (under the above 35
amendment) to incur expenditure, or to delegate authority to incur expenditure to 36
relevant officers of the agency, in relation to the service group for which the other 37
Minister is responsible. 38
Page 60
State Revenue Legislation Amendment Bill 2010
Amendment of real property legislation Schedule 10
Schedule 10 Amendment of real property legislation 1
10.1 Real Property Act 1900 No 25 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1) (a): 4
Torrens assurance levy--has the meaning given by 5
section 134A. 6
[2] Section 117 Certificate of correctness 7
Omit "1 penalty unit" from section 117 (2). Insert instead "10 penalty units". 8
[3] Section 134 Torrens Assurance Fund 9
Omit section 134 (2) (a). Insert instead: 10
(a) any amounts that the Minister (after consultation with the 11
Treasurer) directs to be paid to the Fund from Torrens 12
assurance levies paid to the Registrar-General (whether 13
during the financial year in which the levies are paid or in 14
subsequent financial years), 15
[4] Section 134 (2A) 16
Insert after section 134 (2): 17
(2A) The Minister may make a direction under subsection (2) (a) at 18
any time after the levies are paid into the Consolidated Fund, in 19
which case the amounts are to be paid into the Torrens Assurance 20
Fund without further appropriation. 21
[5] Section 134 (4) 22
Omit the subsection. 23
[6] Section 134A 24
Insert after section 134: 25
134A Torrens assurance levy 26
(1) The regulations may require a levy (a Torrens assurance levy) to 27
be paid to the Registrar-General in respect of any dealing, caveat, 28
withdrawal of caveat, instrument, application or request lodged 29
under this Act. 30
(2) The regulations are to specify the amount of the levy or the 31
manner of calculating the amount of the levy. 32
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State Revenue Legislation Amendment Bill 2010
Schedule 10 Amendment of real property legislation
(3) A Torrens assurance levy may comprise a specified amount, an 1
ad valorem amount, or a specified base amount to which an ad 2
valorem amount is added. 3
(4) A Torrens assurance levy is additional to any fee that is payable 4
under this Act for the lodgment of a dealing, caveat, withdrawal 5
of caveat, instrument, application or request. 6
[7] Section 144 Regulations 7
Omit "may make regulations prescribing" from section 144 (1). 8
Insert instead "may make regulations for or with respect to". 9
[8] Section 144 (1) (b) and (c) 10
Omit section 144 (1) (b). Insert instead: 11
(b) the Torrens assurance levies payable under this Act, and 12
(c) the refund or waiver of any such fees, charges, expenses or 13
levies, and 14
[9] Section 144A 15
Insert after section 144: 16
144A Payment and recovery of fees or levies 17
(1) The Registrar-General may enter into an arrangement with the 18
Chief Commissioner of State Revenue for the administration and 19
enforcement of any provision made by or under this Act for the 20
payment of fees or levies. 21
(2) The regulations may make provision, in connection with any 22
such arrangement or proposed arrangement, for the application of 23
the Taxation Administration Act 1996, or any regulations under 24
that Act, to any fee or levy payable under this Act. 25
(3) Without limiting the above, the regulations may provide that the 26
Taxation Administration Act 1996 applies in respect of a fee or 27
levy payable under this Act, with or without modifications, as if 28
the fee or levy were a tax and this Act were a taxation law (within 29
the meaning of that Act). 30
[10] Schedule 3 Savings and transitional provisions 31
Insert at the end of clause 1 (1): 32
State Revenue Legislation Amendment Act 2010, to the extent 33
that it amends this Act and the regulation under this Act 34
Page 62
State Revenue Legislation Amendment Bill 2010
Amendment of real property legislation Schedule 10
Commencement 1
The amendments commence on a day or days to be appointed by proclamation. 2
Explanatory note 3
Item [6] of the proposed amendments enables the regulations under the Real Property 4
Act 1900 (the Act) to require a levy (a Torrens assurance levy) to be paid in respect 5
of any dealing, caveat, withdrawal of caveat, instrument, application or request lodged 6
under the Act. The levy may comprise a specified amount, an ad valorem amount or a 7
specified base amount to which an ad valorem amount is added. 8
The Torrens assurance levy replaces existing arrangements for the funding of the 9
Torrens Assurance Fund. At present, the Act allows the Minister to direct payments to 10
be made to the Torrens Assurance Fund from fees paid to the Registrar-General for 11
the lodgment of any dealing, caveat or withdrawal of caveat. It also permits the fee 12
payable to the Registrar-General for lodgment of a dealing, caveat or withdrawal of 13
caveat to be prescribed so as to include the amount to be paid into the Torrens 14
Assurance Fund. Under the new arrangements, the levy will be a separate charge to 15
the administrative fees paid under the Act, and will be payable into the Consolidated 16
Fund. The Minister may, after consultation with the Treasurer, direct that payments be 17
made to the Torrens Assurance Fund from Torrens assurance levies paid to the 18
Registrar-General. Any money the subject of such a direction is to be paid from the 19
Consolidated Fund, without further appropriation. See items [3], [4] and [5]. Item [1] is 20
a consequential amendment. 21
Items [7] and [8] are related amendments to broaden the regulation-making powers 22
under the Act, so that the regulations can make further provision for the charging of the 23
levy, and the refund or waiver of the levy. 24
Item [9] enables the Registrar-General to enter into arrangements with the Chief 25
Commissioner of State Revenue for the administration and enforcement of any 26
provision made by or under the Act for the payment of fees or levies. 27
Item [2] increases the penalty for making a false statement to the Registrar-General in 28
connection with an application under the Act from 1 penalty unit ($110) to 10 penalty 29
units ($1,100). 30
Item [10] enables savings and transitional regulations to be made as a consequence of 31
the enactment of the proposed Act. 32
10.2 Real Property Regulation 2008 33
[1] Clause 4 Lodgment of dealings and caveats 34
Omit clause 4 (b). Insert instead: 35
(b) be accompanied by the relevant fee, as set out in Part 1 of 36
Schedule 1, and 37
(c) be accompanied by any Torrens assurance levy payable, as 38
set out in Part 2 of Schedule 1. 39
[2] Clauses 10 (4), 11 (c) and 12 (1) 40
Insert "Part 1 of" before "Schedule 1" wherever occurring. 41
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State Revenue Legislation Amendment Bill 2010
Schedule 10 Amendment of real property legislation
[3] Clause 12A 1
Insert after clause 12: 2
12A Torrens assurance levy 3
(1) A Torrens assurance levy is payable in respect of any dealing, 4
caveat, withdrawal of caveat, instrument, application or request 5
listed in Part 2 of Schedule 1 that is lodged with the 6
Registrar-General. 7
(2) The amount of the levy is the amount as specified or calculated 8
in accordance with Part 2 of Schedule 1. 9
(3) A levy that is not a whole dollar amount is to be rounded down to 10
the nearest whole dollar amount. 11
(4) A levy is payable on the lodgment of the relevant dealing, caveat, 12
withdrawal of caveat, instrument, application or request or at 13
such time and in accordance with such conditions as the 14
Registrar-General may agree with the person paying the levy. 15
(5) For the purposes of determining the levy payable, the 16
Registrar-General is entitled (but not required) to rely on any 17
statement made in a notice of sale (being the notice required to 18
accompany a dealing under section 39 (1B) of the Act) as 19
evidence of the purchase price and date on which a contract for 20
the sale of land was entered into. 21
[4] Clause 18A 22
Insert after clause 18: 23
18A Transitional--introduction of ad valorem Torrens assurance levy 24
For a dealing to transfer the ownership in land under section 46 25
of the Act, the levy payable is the amount specified in item 7 of 26
Part 2 of Schedule 1 (and not item 5 or 6) if either of the following 27
provisions apply: 28
(a) the dealing is a transfer executed to give effect to a contract 29
for the sale of land entered into before the commencement 30
of this clause, 31
(b) the dealing is a transfer first executed before the 32
commencement of this clause. 33
[5] Schedule 1 (as amended by the Real Property Amendment (Fees) 34
Regulation 2010) 35
Insert "and Levies" after "Fees" in the heading. 36
Page 64
State Revenue Legislation Amendment Bill 2010
Amendment of real property legislation Schedule 10
[6] Schedule 1, clause reference 1
Omit "4 (b), 10 (4), 11 (c) and 12 (1)". Insert instead "4, 10, 11, 12 and 12A". 2
[7] Schedule 1, Part 1, heading 3
Insert at the beginning of the Schedule (after the clause reference): 4
Part 1 Fees 5
[8] Schedule 1, items 8-13 6
Omit the items. Insert instead: 7
8 On lodgment of an application under section 45D of the 93.00
Act by a person in possession of land to be recorded as
proprietor of an estate or interest in that land
In addition, for each quarter-hour or part of a quarter-hour 50.00
occupied in examining the application
9 On lodgment of a transfer by way of discharge of mortgage 93.00
where a mortgagee has been recorded as registered
proprietor pursuant to section 12B of the Act
10 On lodgment of a dealing for registration or recording of a 93.00
unilateral severance of a joint tenancy pursuant to
section 97 of the Act
11 On lodgment of a dealing to transfer an estate in land that 93.00
changes the tenancy of co-tenants without altering their
shares
12 On lodgment of a dealing to transfer the ownership of an 190.00
estate in land pursuant to section 46 of the Act
13 On lodgment of an application, request or dealing for 93.00
which no fee is otherwise provided
[9] Schedule 1, items 15-20 8
Omit the items. Insert instead: 9
15 On lodgment of an application to dispose of Crown land 190.00
arising from the closing of a public road under the Roads
Act 1993, regardless of how many recordings will ensue
16 On lodgment of an application or request for amendment 93.00
of a folio of the Register, Crown grant or certificate of
title
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State Revenue Legislation Amendment Bill 2010
Schedule 10 Amendment of real property legislation
17 On lodgment of an application to record in the Register an 93.00
appurtenant easement created by a deed
In addition, for each quarter-hour or part of a quarter-hour 50.00
occupied in processing the application
18 On lodgment of an application under section 81A of the 93.00
Act for the extinguishment of a restrictive covenant
In addition:
(a) for each quarter-hour or part of a quarter-hour 50.00
occupied in examining the application
(b) for the Registrar-General's costs of giving notice Such reasonable
under section 81D of the Act by way of registered fee (determined by
post the
Registrar-General)
as is warranted by
the cost incurred
in posting the
notice
19 On lodgment of an application under section 49 of the Act 93.00
for the cancellation of an easement that has been
abandoned or extinguished
In addition, for each quarter-hour or part of a quarter-hour 50.00
occupied in examining the application
20 On lodgment of an application for the determination 93.00
under Part 14A of the Act of the position of the common
boundary of adjoining lands
[10] Schedule 1, items 24-29 1
Omit the items. Insert instead: 2
24 On lodgment or recording of a caveat 93.00
25 On withdrawal or partial withdrawal of a caveat pursuant 93.00
to section 74M (1) of the Act
26 On lodgment of a request for withdrawal or partial 93.00
withdrawal of a Registrar-General's caveat (no fee is
payable for withdrawal or partial withdrawal of a
Registrar-General's caveat consequent on lodgment and
registration of a dealing)
27 On lodgment of a request for the Registrar-General to 93.00
direct the manner of service of a notice on a caveator
pursuant to section 74N (1) (e) of the Act
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State Revenue Legislation Amendment Bill 2010
Amendment of real property legislation Schedule 10
28 On lodgment of an application for preparation of a notice 93.00
for service on a caveator pursuant to section 74C (3),
74I (1) or (2), 74J (1) or 74JA (2) of the Act
29 On lodgment of a notice of a change of name of a caveator 93.00
or of the address for service of a notice on a caveator
[11] Schedule 1, item 34 1
Omit the item. Insert instead: 2
34 On lodgment of an application for a new certificate of title 190.00
under section 111 of the Act
[12] Schedule 1, items 35 and 36 3
Omit the items. Insert instead: 4
35 On depositing an instrument declaratory of trusts 93.00
35A On depositing any other instrument not specified 97.00
36 On lodgment of an application for a statement of reasons 93.00
under section 121 of the Act
[13] Schedule 1, Part 2 5
Insert at the end of the Schedule: 6
Part 2 Torrens assurance levies 7
Levy payable
Applications, requests and dealings
1 Application under section 45D of the Act by a person in $4
possession of land to be recorded as proprietor of an estate
or interest in that land
2 Transfer by way of discharge of mortgage where a $4
mortgagee has been recorded as registered proprietor
pursuant to section 12B of the Act
3 Dealing for registration or recording of a unilateral $4
severance of a joint tenancy pursuant to section 97 of the
Act
4 Dealing to transfer an estate in land that changes the $4
tenancy of co-tenants without altering their shares
Page 67
State Revenue Legislation Amendment Bill 2010
Schedule 10 Amendment of real property legislation
Levy payable
5 Dealing to transfer the ownership of an estate in land under $4 plus 0.2% of
section 46 of the Act, if the dealing is a transfer executed the amount by
to give effect to a sale of land and the purchase price which the
exceeds $500,000 but not $1,000,000 purchase price
exceeds
$500,000
6 Dealing to transfer the ownership of an estate in land under $1,004 plus
section 46 of the Act, if the dealing is a transfer executed 0.25% of the
to give effect to a sale of land and the purchase price amount by which
exceeds $1,000,000 the purchase
price exceeds
$1,000,000
7 Dealing to transfer the ownership of an estate in land under $4
section 46 of the Act for which no levy is otherwise
provided
8 Application, request or dealing which is charged with a fee $4
under item 13 of Part 1
9 Application to dispose of Crown land arising from the $4
closing of a public road under the Roads Act 1993,
regardless of how many recordings will ensue
10 Application or request for amendment of a folio of the $4
Register, Crown grant or certificate of title
11 Application to record in the Register an appurtenant $4
easement created by a deed
12 Application under section 81A of the Act for the $4
extinguishment of a restrictive covenant
13 Application under section 49 of the Act for the $4
cancellation of an easement that has been abandoned or
extinguished
14 Application for the determination under Part 14A of the $4
Act of the position of the common boundary of adjoining
lands
Caveats
15 Lodgment or recording of a caveat $4
16 Withdrawal or partial withdrawal of a caveat pursuant to $4
section 74M (1) of the Act
Page 68
State Revenue Legislation Amendment Bill 2010
Amendment of real property legislation Schedule 10
Levy payable
17 Request for withdrawal or partial withdrawal of a $4
Registrar-General's caveat (no levy is payable for
withdrawal or partial withdrawal of a Registrar-General's
caveat consequent on lodgment and registration of a
dealing)
18 Request for the Registrar-General to direct the manner of $4
service of a notice on a caveator pursuant to
section 74N (1) (e) of the Act
19 Application for preparation of a notice for service on a $4
caveator pursuant to section 74C (3), 74I (1) or (2), 74J (1)
or 74JA (2) of the Act
20 Notice of a change of name of a caveator or of the address $4
for service of a notice on a caveator
Certificates of title
21 Application for a new certificate of title under section 111 $4
of the Act
Miscellaneous
22 Instrument declaratory of trusts $4
23 Application for a statement of reasons under section 121 of $4
the Act
Commencement 1
The amendments commence on a day or days to be appointed by proclamation. 2
Explanatory note 3
Item [3] of the proposed amendments requires a Torrens assurance levy to be paid in 4
respect of certain dealings, caveats, withdrawal of caveats, instruments, applications 5
or requests lodged with the Registrar-General under the Real Property Act 1900 (the 6
Act). In most cases, the levy payable is $4. Under existing arrangements, a $4 amount 7
is taken (for deposit into the Torrens Assurance Fund) from the general fee paid to the 8
Registrar-General when certain dealings and other instruments are lodged under the 9
Act. As a consequence of the new arrangements, the amendments revise the Schedule 10
of fees under the Act so that, in cases where a levy is payable, the fee is reduced by 11
$4. (The figures used anticipate the annual increases to fees that will have effect on 12
1 July 2010.) 13
A new part is added to the Schedule, which lists the matters in respect of which the 14
separate Torrens assurance levy is required, and the amount payable. 15
Under the new arrangements, the levy is calculated on an ad valorem basis in certain 16
circumstances. An ad valorem levy applies to a dealing to transfer the ownership of an 17
estate in land under section 46 of the Act, if the dealing is a transfer executed to give 18
effect to a sale of land and the purchase price exceeds $500,000. 19
Items [8]-[12] make the adjustments to the existing fees under the Act described 20
above. Item [13] provides for the matters in respect of which a Torrens assurance levy 21
Page 69
State Revenue Legislation Amendment Bill 2010
Schedule 10 Amendment of real property legislation
is payable, and the amount payable. Items [2] and [5]-[7] are consequential 1
amendments. 2
Item [4] is a transitional provision which ensures that the new ad valorem levy will not 3
be chargeable in respect of dealings that reflect certain agreements entered into or 4
transfers executed before the relevant amendments commence. 5
Item [1] requires dealings and caveats to be accompanied by the Torrens assurance 6
levy payable (as well as the existing fee for lodgment). 7
Page 70
State Revenue Legislation Amendment Bill 2010
Amendment of Taxation Administration Act 1996 No 97 Schedule 11
Schedule 11 Amendment of Taxation Administration 1
Act 1996 No 97 2
[1] Section 45 Joint and several liability 3
Insert "any related charges, being" after "is also jointly and severally liable to 4
pay" in section 45 (2). 5
[2] Section 45 (2A) 6
Insert after section 45 (2): 7
(2A) The Chief Commissioner may issue a notice of assessment of the 8
liability of a person to pay any tax and related charges for which 9
the person is jointly and severally liable with another person 10
under a taxation law, even if a notice of assessment has already 11
been issued to the other person. 12
[3] Schedule 1 Savings, transitional and other provisions 13
Insert at the end of clause 1 (1): 14
State Revenue Legislation Amendment Act 2010 15
[4] Schedule 1, Part 8 16
Insert after Part 7: 17
Part 8 Provisions arising from enactment of State 18
Revenue Legislation Amendment Act 2010 19
37 Repeal of petroleum subsidies legislation 20
(1) Section 21 and Part 5A of the Petroleum Products Subsidy Act 21
1997, as in force immediately before their repeal by the amending 22
Act, continue to apply in relation to any amount paid under that 23
Act, or any other thing done or purported to have been done, 24
before that repeal. 25
Note. The above provisions enable investigations to be undertaken in 26
connection with compliance with the Petroleum Products Subsidy Act 27
1997 and amounts wrongly paid to be recovered. 28
(2) Clause 9 (3) of the Petroleum Products Subsidy Regulation 2004, 29
as in force immediately before its repeal by the amending Act, 30
continues to apply in relation to records for a financial year that 31
started before 1 July 2009. 32
Note. Clause 9 (3) of the Petroleum Products Subsidy Regulation 2004 33
requires records kept under the Regulation to be kept for 5 years after 34
the financial year to which they relate. 35
Page 71
State Revenue Legislation Amendment Bill 2010
Schedule 11 Amendment of Taxation Administration Act 1996 No 97
(3) This clause does not limit section 30 of the Interpretation Act 1
1987. 2
(4) In this clause: 3
amending Act means the State Revenue Legislation Amendment 4
Act 2010. 5
Explanatory note 6
Item [2] of the proposed amendments makes it clear that the Chief Commissioner of 7
State Revenue can issue a notice of assessment under the Taxation Administration Act 8
1996 of the liability of a person to pay tax or related charges for which the person is 9
jointly and severally liable with another person, even if a notice of assessment has been 10
issued to the other person. The provisions of that Act relating to assessments, and 11
objections to assessments, will apply in respect of the notice. Item [1] is a related 12
amendment. 13
Item [3] enables savings and transitional regulations to be made as a consequence of 14
the enactment of the proposed Act. 15
Item [4] relates to the repeal of the Petroleum Products Subsidy Act 1997 and the 16
regulation under that Act by Schedule 13.3. The amendment saves the operation of 17
certain provisions of that legislation for investigation and enforcement purposes. 18
Page 72
State Revenue Legislation Amendment Bill 2010
Amendment of Unclaimed Money Act 1995 No 75 Schedule 12
Schedule 12 Amendment of Unclaimed Money Act 1
1995 No 75 2
[1] Section 12 Publication of information relating to unclaimed money 3
Insert after section 12 (1): 4
(1A) The Chief Commissioner may also cause to be published the 5
following information: 6
(a) the existence of each sum of money paid to the Treasurer 7
under section 266 of the Legal Profession Act 2004 or 8
section 26 of the Trustee Companies Act 1964 (which 9
relate to unclaimed money), 10
(b) the identity of the owner of the money (if known). 11
[2] Section 25A 12
Insert after section 25: 13
25A Enterprise entitled to recover money from Chief Commissioner in 14
certain cases 15
(1) An enterprise that pays an amount of unclaimed money to the 16
owner of the money, after having paid the same amount to the 17
Chief Commissioner under this Act, is entitled to recover the 18
amount paid to the Chief Commissioner from the Chief 19
Commissioner. 20
(2) This Part applies in respect of the money as if a reference to the 21
owner of the money were a reference to the enterprise entitled to 22
recover the money from the Chief Commissioner. 23
(3) The person to whom the money was paid by the enterprise is not 24
entitled to recover the money from the Chief Commissioner. 25
(4) This section does not apply in respect of any money paid to the 26
Chief Commissioner that was paid to a person determined by the 27
Chief Commissioner to be the owner of the money before an 28
application to recover the money is made by an enterprise. 29
[3] Section 32 30
Insert after section 31: 31
32 Chief Commissioner may process unclaimed money claims under 32
other Acts 33
(1) The Chief Commissioner is authorised to process claims for the 34
payment or repayment of unclaimed trust money on behalf of the 35
Treasurer. 36
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State Revenue Legislation Amendment Bill 2010
Schedule 12 Amendment of Unclaimed Money Act 1995 No 75
(2) For that purpose, Part 4 (other than sections 16, 18 and 25A) 1
applies in respect of unclaimed trust money in the same way as it 2
applies to unclaimed money paid to the Chief Commissioner 3
under this Act. 4
(3) Anything done or omitted to be done by the Chief Commissioner 5
under this Act in respect of unclaimed trust money is taken, for 6
the purposes of the Legal Profession Act 2004 and the Trustee 7
Companies Act 1964, to have been done or omitted by the 8
Treasurer. 9
(4) In this section, unclaimed trust money means money that is paid 10
to the Treasurer under: 11
(a) section 266 of the Legal Profession Act 2004, or 12
(b) section 26 of the Trustee Companies Act 1964. 13
[4] Schedule 2 Savings, transitional and other provisions 14
Insert at the end of clause 1 (1): 15
State Revenue Legislation Amendment Act 2010 16
[5] Schedule 2, Part 9 17
Insert after Part 8: 18
Part 9 Provisions consequent on enactment of 19
State Revenue Legislation Amendment Act 20
2010 21
15 Definition 22
In this Part, amending Act means the State Revenue Legislation 23
Amendment Act 2010. 24
16 Unclaimed money under other Acts 25
(1) The amendment made to section 12 by the amending Act applies 26
only in respect of money paid to the Treasurer on or after the 27
commencement of the amendment. 28
(2) Section 32, as inserted by the amending Act, extends to 29
unclaimed money that was paid to the Treasurer before the 30
insertion of that section. 31
Page 74
State Revenue Legislation Amendment Bill 2010
Amendment of Unclaimed Money Act 1995 No 75 Schedule 12
17 Enterprise entitled to recover money from Chief Commissioner in 1
certain cases 2
Section 25A, as inserted by the amending Act, extends to any 3
unclaimed money paid by an enterprise to the owner of the 4
money or to the Chief Commissioner before the insertion of that 5
section. 6
Explanatory note 7
Item [3] of the proposed amendments authorises the Chief Commissioner of State 8
Revenue to process certain claims for the payment of unclaimed money on behalf of 9
the Treasurer. Unclaimed money in trust accounts and trust funds under the Legal 10
Profession Act 2004 and the Trustee Companies Act 1964 is currently paid to the 11
Treasurer, who processes claims for the money. The amendment will allow claims for, 12
and repayment of, unclaimed money under those Acts to be dealt with by the Chief 13
Commissioner in the same way as claims for other unclaimed money are dealt with 14
under the Unclaimed Money Act 1995 (the Act). 15
Item [1] enables the Chief Commissioner of State Revenue to publish details of these 16
amounts of unclaimed money and the identity of the owners of the money (if known) in 17
the same way as the Chief Commissioner publishes details of other unclaimed money 18
received under the Act. 19
Item [2] enables an enterprise that has paid an amount of unclaimed money to the 20
owner of the money, after having paid the same amount to the Chief Commissioner of 21
State Revenue under the Act, to recover the amount paid to the Chief Commissioner 22
from the Chief Commissioner. 23
Item [4] enables savings and transitional regulations to be made as a consequence of 24
the enactment of the proposed Act. 25
Item [5] contains transitional provisions. 26
Page 75
State Revenue Legislation Amendment Bill 2010
Schedule 13 Consequential amendments and repeals
Schedule 13 Consequential amendments and repeals 1
13.1 Children and Young Persons Legislation (Repeal and 2
Amendment) Act 1998 No 158 3
Schedule 2 Amendment of other Acts 4
Omit Schedule 2.19. 5
Explanatory note 6
The proposed amendment repeals an uncommenced amendment that is made 7
redundant by the amendments to the Land Tax Management Act 1956 in Schedule 6. 8
13.2 Retirement Villages Act 1999 No 81 9
Section 31 Costs of preparation of village contracts 10
Omit the note at the end of section 31 (5). 11
Explanatory note 12
The proposed amendment repeals a note in the Retirement Villages Act 1999 that is 13
redundant because of the repeal of the lease duty provisions in the Duties Act 1997 14
(see Schedule 1.3). 15
13.3 Repeal of petroleum products subsidy legislation 16
The following Act and regulation are repealed: 17
(a) the Petroleum Products Subsidy Act 1997 No 112, 18
(b) the Petroleum Products Subsidy Regulation 2004. 19
Commencement 20
Schedule 13.3 commences, or is taken to have commenced, on 1 July 2010. 21
Explanatory note 22
Schedule 13.3 repeals the Petroleum Products Subsidy Act 1997 and the Petroleum 23
Products Subsidy Regulation 2004. The legislation is no longer required because the 24
payment of subsidies under the legislation has been abolished (with effect on 25
1 July 2009). 26
Page 76
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