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This is a Bill, not an Act. For current law, see the Acts databases.


STATE REVENUE LEGISLATION AMENDMENT BILL 2016





                                     New South Wales




State Revenue Legislation Amendment Bill
2016

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The objects of this Bill are as follows:
(a) to amend the Duties Act 1997:
      (i)    to make further provision relating to exemptions from duty for corporate
             reconstruction transactions, and
      (ii) to provide for a reduction in duty on agreements for the sale or transfer of securities
             where a transfer to which the agreement applies is a corporate consolidation
             transaction, and
      (iii) to make other amendments in the nature of statute law revision,
(b) to amend the First Home Owner Grant (New Homes) Act 2000 to extend the availability of
      the first home owner grant in cases where the new home being purchased or built is a
      substantially renovated home or a home built to replace demolished premises,
(c) to amend the Land Tax Management Act 1956 to make further provision in relation to the
      application of the principal place of residence exemption to unoccupied land intended to be
      the owner's principal place of residence,
(d) to amend the Payroll Tax Act 2007:
      (i)    to extend an exemption from payroll tax applying to wages paid by a wholly-owned
             subsidiary of a local council to wages paid by a body corporate wholly owned by 2 or
             more local councils, and
      (ii) to make other amendments in the nature of statute law revision,



b2016-049.d09a
State Revenue Legislation Amendment Bill 2016 [NSW]
Explanatory note



(e)   to amend the Taxation Administration Act 1996 to extend a requirement for the Chief
      Commissioner of State Revenue (the Chief Commissioner) to pay interest on a refund made
      to a taxpayer (following a successful objection or review) to members of a group to which
      the taxpayer belongs under the Land Tax Management Act 1956 or the Payroll Tax Act
      2007,
(f)   to amend the Unclaimed Money Act 1995:
      (i)    to enable the Chief Commissioner to accept payment of amounts that are not
             unclaimed money for the purposes of that Act (because they are $100 or less) and to
             enable owners to recover those amounts, and
      (ii) to enable the owner of unclaimed money that has been paid to the Chief
             Commissioner to apply for that money to be repaid even though the right to the
             money has been extinguished, and
      (iii) to make other amendments in the nature of statute law revision.

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 provides that explanatory notes in the Schedules do not form part of the proposed Act.
Schedules 1-6 make the amendments outlined in the Overview. The amendments are explained
in detail in the explanatory notes set out in the Schedules.




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                                                                            First print




                                  New South Wales




State Revenue Legislation Amendment Bill
2016
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 First Home Owner Grant (New Homes) Act 2000
                     No 21                                                          5
Schedule 3           Amendment of Land Tax Management Act 1956 No 26                6
Schedule 4           Amendment of Payroll Tax Act 2007 No 21                        8
Schedule 5           Amendment of Taxation Administration Act 1996 No 97           10
Schedule 6           Amendment of Unclaimed Money Act 1995 No 75                   11




b2016-049.d09a
                                   New South Wales




State Revenue Legislation Amendment Bill
2016

No     , 2016


A Bill for
An Act to make miscellaneous changes to certain State revenue legislation.
State Revenue Legislation Amendment Bill 2016 [NSW]




The Legislature of New South Wales enacts:                                                          1

 1    Name of Act                                                                                   2

               This Act is the State Revenue Legislation Amendment Act 2016.                        3

 2    Commencement                                                                                  4

         (1)   This Act commences on the date of assent to this Act, except as provided by          5
               subsections (2) and (3).                                                             6

         (2)   Schedule 1 (other than Schedule 1 [1]) is taken to have commenced on the day on      7
               which the Bill for this Act was first introduced into Parliament.                    8

         (3)   Schedules 1 [1] and 2 commence, or are taken to have commenced, on 1 July 2016.      9

 3    Explanatory notes                                                                            10

               The matter appearing under the heading "Explanatory note" in any of the Schedules   11
               does not form part of this Act.                                                     12




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State Revenue Legislation Amendment Bill 2016 [NSW]
Schedule 1 Amendment of Duties Act 1997 No 123



Schedule 1            Amendment of Duties Act 1997 No 123                                               1

[1]   Section 80A Definitions                                                                           2

      Omit the definition of substantially renovated home. Insert instead:                              3
                  substantially renovated home has the same meaning as in the First Home                4
                  Owner Grant (New Homes) Act 2000.                                                     5

[2]   Chapter 11, heading                                                                               6

      Omit "from duty". Insert instead "and concessions".                                               7

[3]   Section 273A Definitions                                                                          8

      Omit section 273A (2). Insert instead:                                                            9

             (2)   A reference in this Part to anything done by or held by a unit trust scheme         10
                   (including any voting control held by a unit trust scheme):                         11
                    (a) is a reference to anything done by or held by a trustee of the unit trust      12
                         scheme as trustee of that unit trust scheme, and                              13
                   (b) in the case of a unit trust scheme that is a managed investment scheme--         14
                         includes a reference to anything done by or held by a custodian of the        15
                         trustee of the managed investment scheme as custodian of the trustee of       16
                         that scheme.                                                                  17

[4]   Section 273BA                                                                                    18

      Insert after section 273B:                                                                       19

  273BA      Concession for agreements connected to corporate consolidation                            20
             transactions                                                                              21

             (1)   Duty chargeable under this Act on an agreement for the sale or transfer of          22
                   securities is to be reduced if the Chief Commissioner is satisfied that any         23
                   transfer to which the agreement applies is a corporate consolidation                24
                   transaction.                                                                        25

             (2)   The dutiable value of the agreement is, for the purposes of charging duty under     26
                   this Act, to be reduced by the dutiable value of the transfer that the Chief        27
                   Commissioner is satisfied is a corporate consolidation transaction.                 28

             (3)   Section 273 does not apply to the agreement.                                        29

[5]   Section 273D Corporate consolidation transaction                                                 30

      Omit "dutiable transaction or an acquisition of an interest in a landholder (within the          31
      meaning of Chapter 4)" from section 273D (1).                                                    32

      Insert instead "transfer, or an acquisition of an interest in a landholder (within the meaning   33
      of Chapter 4),".                                                                                 34

[6]   Section 273D (1) (b)                                                                             35

      Omit the paragraph. Insert instead:                                                              36
                   (b) is any of the following:                                                        37
                         (i) a transfer of securities of the affected corporation to, or an            38
                               acquisition of those securities by, the head corporation for which      39
                               the only consideration given by the head corporation is the issue       40
                               or transfer of its securities to the person from whom the affected      41
                               corporation's securities were transferred or acquired,                  42




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State Revenue Legislation Amendment Bill 2016 [NSW]
Schedule 1 Amendment of Duties Act 1997 No 123



                            (ii)   a transfer of securities of the head corporation to, or an                   1
                                   acquisition of those securities by, a holder of securities of the            2
                                   affected corporation.                                                        3

[7]   Section 273D (2) and (3)                                                                                  4

      Omit "dutiable transaction or an acquisition of an interest in a landholder" wherever                     5
      occurring.                                                                                                6

      Insert instead "transfer, or an acquisition of an interest in a landholder,".                             7

[8]   Section 273D (2)                                                                                          8

      Omit "the transaction or acquisition". Insert instead "the transfer or acquisition".                      9

[9]   Section 273E Meaning of "corporate group"                                                                10

      Omit section 273E (5). Insert instead:                                                                   11

             (5)    A transaction between:                                                                     12
                     (a) the trustee of a corporation that is a unit trust scheme, acting as trustee           13
                           of the scheme, and                                                                  14
                    (b) another corporation that is a member of the same corporate group as the                15
                           unit trust scheme (including, if that other corporation is a unit trust             16
                           scheme, a trustee acting as trustee of that scheme),                                17
                    is taken, for the purposes of a corporate reconstruction transaction, to be a              18
                    transaction between the corporations as members of the same group.                         19

           (5A)     A reference in subsection (5) to a trustee includes, in the case of a trustee of a         20
                    unit trust scheme that is a managed investment scheme, a reference to a                    21
                    custodian of the trustee of the scheme acting as custodian of the trustee of that          22
                    scheme.                                                                                    23
      Explanatory note                                                                                         24
      Item [1] of the proposed amendments to the Duties Act 1997 makes an amendment that is                    25
      consequential on item [1] of the proposed amendments to the First Home Owner Grant (New Homes)           26
      Act 2000 in Schedule 2.                                                                                  27
      Part 1 of Chapter 11 of the Duties Act 1997 provides for exemptions from duty for corporate              28
      reconstruction transactions and corporate consolidation transactions, including transactions involving   29
      unit trust schemes. References in the Part to anything done by or held by a unit trust scheme are        30
      references to anything done by or held by a trustee of the unit trust scheme as trustee. Items [3] and   31
      [9] extend those references, in the case of a unit trust scheme that is a managed investment scheme,     32
      to ensure that they include a custodian of the trustee of the managed investment scheme.                 33
      Item [4] provides for a new duty concession on an agreement for the sale or transfer of securities if    34
      the Chief Commissioner of State Revenue is satisfied that any transfer to which the agreement            35
      applies is a corporate consolidation transaction. Item [2] makes a consequential amendment.              36
      Items [5]-[8] make amendments in the nature of statute law revision.                                     37




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State Revenue Legislation Amendment Bill 2016 [NSW]
Schedule 2 Amendment of First Home Owner Grant (New Homes) Act 2000 No 21



Schedule 2             Amendment of First Home Owner Grant (New                                               1
                       Homes) Act 2000 No 21                                                                  2

[1]   Section 4A New homes                                                                                    3

      Omit section 4A (2) and (3). Insert instead:                                                            4

              (2)   A substantially renovated home is a home that:                                            5
                    (a) has been created through renovations in which all, or substantially all,              6
                         of a building is removed or replaced (whether or not the renovations                 7
                         involve the removal or replacement of foundations, external walls,                   8
                         interior supporting walls, floors or staircases), and                                9
                    (b) as renovated, has not been previously occupied or sold as a place of                 10
                         residence.                                                                          11

              (3)   A home is a home built to replace demolished premises if:                                12
                    (a) the home has been built to replace demolished premises on the same                   13
                         land, and                                                                           14
                    (b) the home, as built to replace the demolished premises, has not been                  15
                         previously occupied or sold as a place of residence, and                            16
                    (c) the owner of the home did not occupy the demolished premises as a                    17
                         place of residence before they were demolished.                                     18

[2]   Schedule 1 Savings, transitional and other provisions                                                  19

      Insert after Part 12:                                                                                  20


      Part 13 Provisions consequent on enactment of State                                                    21
              Revenue Legislation Amendment Act 2016                                                         22

         21   Application of amendment                                                                       23

              (1)   The amendment to section 4A made by the State Revenue Legislation                        24
                    Amendment Act 2016 extends to an application for a first home owner grant                25
                    made before the commencement of that amendment that, immediately before                  26
                    that commencement, had not been finally determined.                                      27

              (2)   For the purposes of this clause, an application is not finally determined if:            28
                    (a) any period for bringing an appeal as of right against a decision in respect          29
                          of the application has not expired (ignoring any period that may be                30
                          available by way of extension of time to appeal), or                               31
                    (b) any appeal against the decision is pending (whether or not it is an appeal           32
                          brought as of right).                                                              33

              (3)   In this clause, a reference to an appeal includes a reference to an administrative       34
                    review by the Civil and Administrative Tribunal under the Administrative                 35
                    Decisions Review Act 1997.                                                               36
      Explanatory note                                                                                       37
      The first home owner grant scheme under the First Home Owner Grant (New Homes) Act 2000                38
      applies in relation to new homes, including substantially renovated homes and homes built to replace   39
      demolished premises. Item [1] of the proposed amendments to that Act replaces the definitions of       40
      substantially renovated home and home built to replace demolished premises, removing the               41
      current requirement for the sale of the home to be a taxable supply under the A New Tax System         42
      (Goods and Services Tax) Act 1999 of the Commonwealth. Item [1] of the proposed amendments to          43
      the Duties Act 1997 in Schedule 1 makes a consequential amendment to that Act.                         44
      Item [2] makes an amendment of a transitional nature consequent on the enactment of the                45
      amendment proposed to be made by item [1].                                                             46



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State Revenue Legislation Amendment Bill 2016 [NSW]
Schedule 3 Amendment of Land Tax Management Act 1956 No 26



Schedule 3              Amendment of Land Tax Management Act 1956                                        1
                        No 26                                                                            2

[1]   Schedule 1A Principal place of residence exemption                                                 3

      Omit clause 6 (3) (b). Insert instead:                                                             4
                  (b) if, after the person became owner and before the building or other works           5
                         physically commence, the land is used and occupied for residential              6
                         purposes by another person--4 tax years immediately following the tax            7
                         year in which the other person ceases to use and occupy the land for            8
                         those purposes.                                                                 9

[2]   Schedule 1A, clause 6 (4)                                                                         10

      Insert after clause 6 (3):                                                                        11

               (4)   Without limiting subclause (3) (a):                                                12
                     (a) this clause does not apply in respect of the assessment of a person's          13
                          ownership of land in a period referred to in subclause (3) (b) unless the     14
                          Chief Commissioner is satisfied that, by the end of the first of the 4 tax    15
                          years concerned:                                                              16
                           (i) the building or other works will be, or have been, physically            17
                                 commenced, or                                                          18
                          (ii) significant steps will be, or have been, taken to enable those           19
                                 works to physically commence, and                                      20
                     (b) if the building or other works are not physically commenced by the end         21
                          of that tax year (or the Chief Commissioner is not satisfied that, by the     22
                          end of that tax year, significant steps have been taken to enable those       23
                          works to physically commence):                                                24
                           (i) the principal place of residence exemption applying by operation         25
                                 of this clause to the land is taken not to have applied to the land    26
                                 in respect of that tax year (unless subclause (3) (a) applied to the   27
                                 assessment in that tax year), and                                      28
                          (ii) land tax liability is to be assessed or reassessed accordingly.          29

[3]   Schedule 1A, clause 6 (6A)                                                                        30

      Insert after clause 6 (6):                                                                        31

              (6A)   For the purposes of section 9 (3) (c) of the Taxation Administration Act 1996,     32
                     any reassessment under this clause is authorised to be made more than 5 years      33
                     after the initial assessment.                                                      34

[4]   Schedule 2 Savings and transitional provisions                                                    35

      Insert after Part 28:                                                                             36


      Part 29 Provisions consequent on enactment of State                                               37
              Revenue Legislation Amendment Act 2016                                                    38

         59    General application of amendments                                                        39

                     The amendments made to this Act by the State Revenue Legislation                   40
                     Amendment Act 2016 apply to the assessment of land tax liability in respect of     41
                     the 2017 land tax year and subsequent land tax years.                              42




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State Revenue Legislation Amendment Bill 2016 [NSW]
Schedule 3 Amendment of Land Tax Management Act 1956 No 26


      Explanatory note                                                                                                   1
      Clause 6 of Schedule 1A to the Land Tax Management Act 1956 (the LTM Act) enables the owner                        2
      of unoccupied land to claim the land as his or her principal place of residence (PPR), for the purposes            3
      of the PPR exemption, if the owner intends to use and occupy the land as his or her PPR and intends                4
      to carry out, or is carrying out, building or other works necessary to facilitate that use and occupation.         5
      The period during which unoccupied land may be assessed as a PPR under clause 6 is limited to:                     6
        (a)     4 tax years immediately following the year in which the owner became owner of the land, or               7
        (b)     if the land is used and occupied for residential purposes by a person other than the owner (for          8
                example, a tenant) at any time after the owner became the owner--4 tax years immediately                  9
                following the tax year in which the works are physically commenced on the land.                         10
      Item [1] of the proposed amendments to the LTM Act changes the period applying if the land is used                11
      and occupied by a person other than the owner to a period of 4 tax years immediately following the                12
      tax year in which the person ceases to use and occupy the land for residential purposes.                          13
      Item [2] ensures that, if the land is used and occupied by a person other than the owner after the                14
      owner became the owner, the owner is only entitled to claim the unoccupied land as his or her PPR                 15
      if the Chief Commissioner of State Revenue is satisfied that, by the end of the first of the 4 tax years          16
      concerned, the works will be, or have been, physically commenced (or significant steps will be, or                17
      have been, taken to enable those works to physically commence).                                                   18
      Item [2] also ensures that, if the works have not physically commenced by the end of that first tax year          19
      (or the Chief Commissioner is not satisfied that, by the end of that first tax year, significant steps            20
      enabling the works to physically commence have been taken), the PPR exemption can be taken not                    21
      to have applied. Land tax liability is to be assessed or reassessed accordingly.                                  22
      Item [3] authorises any reassessment under clause 6 of Schedule 1A to the LTM Act to be made more                 23
      than 5 years after the initial assessment of liability to pay land tax. Generally, the Taxation                   24
      Administration Act 1996 prevents the Chief Commissioner from making a reassessment of a tax                       25
      liability more than 5 years after the initial assessment of the liability. Item [3] will particularly assist in   26
      ensuring land tax is recovered in the case of a PPR exemption that is revoked under clause 6 (5) of               27
      Schedule 1A to the LTM Act. Clause 6 (5) revokes any PPR exemption applying because a person                      28
      has claimed unoccupied land as his or her PPR if the person fails to actually use and occupy the land             29
      as his or her PPR by the end of the applicable 4 tax years (and to continue to do so for a period of at           30
      least 6 months).                                                                                                  31
      Item [4] makes an amendment of a transitional nature consequent on the enactment of the other                     32
      amendments proposed to be made by Schedule 3.                                                                     33




Page 7
State Revenue Legislation Amendment Bill 2016 [NSW]
Schedule 4 Amendment of Payroll Tax Act 2007 No 21



Schedule 4             Amendment of Payroll Tax Act 2007 No 21                                          1

[1]   Section 59 Local government business entities                                                     2

      Omit section 59 (1) (a). Insert instead:                                                          3
                   (a) by a wholly-owned subsidiary of a council or of 2 or more councils, and          4

[2]   Section 59 (1) (b) and (2)                                                                        5

      Insert "or councils" after "the council" wherever occurring.                                      6

[3]   Section 59 (3) and (4)                                                                            7

      Insert after section 59 (2):                                                                      8

              (3)   In this section:                                                                    9
                    council has the same meaning as in the Local Government Act 1993.                  10
                    wholly-owned subsidiary has the same meaning as in the Corporations Act            11
                    2001 of the Commonwealth.                                                          12

              (4)   In this section, a reference to a wholly-owned subsidiary of 2 or more councils    13
                    is a reference to a body corporate that, if the councils were a single council,    14
                    would be a wholly-owned subsidiary of the single council.                          15

[4]   Schedule 2 NSW specific provisions                                                               16

      Omit "Director-General of the Department of Education and Training" wherever occurring           17
      in clauses 5 (5) (c) and 6 (1) (a) and (b).                                                      18

      Insert instead "Secretary of the Department of Education".                                       19

[5]   Schedule 2, clause 9                                                                             20

      Omit "staff employed under Chapter 1A of the Public Sector Employment and Management             21
      Act 2002 in the Government Service to enable the Home Care Service to exercise its               22
      functions".                                                                                      23

      Insert instead "members of staff of the Home Care Service".                                      24

[6]   Schedule 2, clause 10                                                                            25

      Omit "Director-General of the Department of Health". Insert instead "Health Secretary".          26

[7]   Schedule 2, clause 10 (2)                                                                        27

      Insert at the end of clause 10:                                                                  28

              (2)   In this clause:                                                                    29
                    Health Secretary has the same meaning as in the Health Services Act 1997.          30

[8]   Schedule 2, clause 14                                                                            31

      Omit the clause. Insert instead:                                                                 32

         14   Application of Act to certain Public Service agencies                                    33

              (1)   This clause applies in relation to any Public Service agency in which staff are    34
                    employed under Part 4 of the Government Sector Employment Act 2013 to              35
                    enable a statutory body to exercise its functions.                                 36

              (2)   For the purposes of this Act, each Public Service agency to which this clause      37
                    applies is taken to be a separate employer with respect to the matters specified   38
                    in subclause (3). If the agency concerned comprises separate parts each of         39



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State Revenue Legislation Amendment Bill 2016 [NSW]
Schedule 4 Amendment of Payroll Tax Act 2007 No 21



                    which is assigned to a different statutory body, each such part of the agency is              1
                    taken to be a separate employer with respect to the matters specified in                      2
                    subclause (3) in so far as they relate to that part.                                          3

             (3)    The matters that are specified for the purposes of subclause (2) are as follows:              4
                    (a) the wages paid or payable to the staff of the agency or part of the                       5
                         agency,                                                                                  6
                    (b) any fees or other remuneration paid or payable to the members of the                      7
                         board or other governing body of the statutory body to which the staff                   8
                         of the agency (or part of the agency) are assigned,                                      9
                    (c) any amount paid or payable under a relevant contract (within the                         10
                         meaning of Division 7 of Part 3 of this Act) entered into by the statutory              11
                         body concerned.                                                                         12

             (4)    In this clause:                                                                              13
                    Public Service agency has the same meaning as in the Government Sector                       14
                    Employment Act 2013.                                                                         15
      Explanatory note                                                                                           16
      Section 59 of the Payroll Tax Act 2007 exempts a wholly-owned subsidiary of a local council from           17
      liability to pay payroll tax on wages that are paid or payable to a person for an activity conducted for   18
      the council. Items [1]-[3] of the proposed amendments to that Act extend that exemption to a body          19
      corporate wholly owned by 2 or more local councils if the wages are paid or payable to a person for        20
      an activity conducted for those councils.                                                                  21
      Items [4]-[8] make amendments in the nature of statute law revision that are consequent on the             22
      enactment of the Government Sector Employment Act 2013.                                                    23




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State Revenue Legislation Amendment Bill 2016 [NSW]
Schedule 5 Amendment of Taxation Administration Act 1996 No 97



Schedule 5             Amendment of Taxation Administration Act 1996                                          1
                       No 97                                                                                  2

[1]   Section 105 Payment of interest                                                                         3

      Insert at the end of the section:                                                                       4

             (2)    The requirement under this section to pay interest on an amount refunded to               5
                    the taxpayer extends, subject to section 19, to an amount of land tax or payroll          6
                    tax paid by and refunded to any other member of a group to which the taxpayer             7
                    belongs if:                                                                               8
                     (a) (as a consequence of the objection of the taxpayer being allowed in                  9
                           whole or in part or the review being successful) the Chief                        10
                           Commissioner makes a reassessment of the amount of land tax or                    11
                           payroll tax the other member of the group is liable to pay, and                   12
                    (b) the reassessment shows that the other member of the group is entitled to             13
                           the refund.                                                                       14

             (3)    In this section:                                                                         15
                    group has the same meaning as in:                                                        16
                     (a) section 29 (7) of the Land Tax Management Act 1956, in the case of land             17
                           tax, or                                                                           18
                    (b) the Payroll Tax Act 2007, in the case of payroll tax.                                19
                    land tax has the same meaning as in the Land Tax Management Act 1956.                    20
                    payroll tax has the same meaning as in the Payroll Tax Act 2007.                         21

[2]   Schedule 1 Savings, transitional and other provisions                                                  22

      Insert after Part 13:                                                                                  23


      Part 14 Provisions arising from enactment of State                                                     24
              Revenue Legislation Amendment Act 2016                                                         25

       43    Requirement to pay interest on refund to member of group                                        26

                    Section 105 (2) and (3), as inserted by the State Revenue Legislation                    27
                    Amendment Act 2016, extend to an amount of land tax or payroll tax paid by a             28
                    taxpayer before the commencement of those provisions (but do not apply in                29
                    relation to a reassessment that is made before the commencement of those                 30
                    provisions of the amount of land tax or payroll tax the taxpayer is liable to            31
                    pay).                                                                                    32
      Explanatory note                                                                                       33
      The Taxation Administration Act 1996 requires the Chief Commissioner of State Revenue to pay           34
      interest on an amount refunded to a taxpayer following a successful objection or review. Item [1] of   35
      the proposed amendments to that Act extends that requirement to any other member of a group to         36
      which the taxpayer belongs under the Land Tax Management Act 1956 or the Payroll Tax Act 2007          37
      if, as a result of that successful objection or review, the Chief Commissioner makes a reassessment    38
      to refund land tax or payroll tax to the other member of the group.                                    39
      Item [2] makes an amendment of a savings and transitional nature consequent on the enactment of        40
      the amendment proposed to be made by item [1].                                                         41




Page 10
State Revenue Legislation Amendment Bill 2016 [NSW]
Schedule 6 Amendment of Unclaimed Money Act 1995 No 75



Schedule 6              Amendment of Unclaimed Money Act 1995 No 75                                               1

[1]   Section 3 Definitions                                                                                       2

      Omit ", 13B or 13BA" from the definition of return. Insert instead "or 13B".                                3

[2]   Section 10 Return and payment of unclaimed money to Chief Commissioner                                      4

      Insert after section 10 (1A):                                                                               5

          (1AA)     An enterprise may include, in any return that it is required to lodge under this              6
                    section, particulars of money that is not unclaimed money because it does not                 7
                    exceed $100 and section 9 (3) (c) applies to it. In any such case, the money is               8
                    to be treated as unclaimed money for the purposes of this Part (other than                    9
                    subsections (1) and (1A) and section 12 (1)) and Parts 4 and 5.                              10

[3]   Section 12 Publication of information relating to unclaimed money                                          11

      Omit section 12 (1A) (a). Insert instead:                                                                  12
                   (a) the existence of each sum of unclaimed money that:                                        13
                         (i) does not exceed $100 and is specified in a return under                             14
                                section 10 (1AA) and paid to the Chief Commissioner, or                          15
                        (ii) is paid to the Treasurer under section 14 of the Legal Profession                   16
                                Uniform Law Application Act 2014 or section 26 of the Trustee                    17
                                Companies Act 1964 (which relate to unclaimed money),                            18

[4]   Section 18 Time for application                                                                            19

      Insert at the end of the section:                                                                          20

             (2)    The Chief Commissioner may permit an application in accordance with                          21
                    section 17 to be lodged after the owner's right to the money has been                        22
                    extinguished.                                                                                23

[5]   Section 26A Recovery of money wrongly paid                                                                 24

      Omit "Limitation Act 1969.)" from section 26A (1). Insert instead "Limitation Act 1969).".                 25

[6]   Schedule 2 Savings, transitional and other provisions                                                      26

      Insert after Part 9:                                                                                       27


      Part 10 Provisions consequent on enactment of State                                                        28
              Revenue Legislation Amendment Act 2016                                                             29

      18     Time for application                                                                                30

                    Section 18 (2), as inserted by the State Revenue Legislation Amendment Act                   31
                    2016, extends to money paid to the Chief Commissioner before the                             32
                    commencement of that provision.                                                              33
      Explanatory note                                                                                           34
      The Unclaimed Money Act 1995 (the Act) requires enterprises holding unclaimed money on 30 June             35
      of each year to lodge a return relating to that money with the Chief Commissioner of State Revenue.        36
      Item [2] of the proposed amendments to the Act enables an enterprise to voluntarily report, in any         37
      such return, amounts that are not unclaimed money for the purposes of the Act because they are $100        38
      or less. Item [2] also ensures that, if an enterprise chooses to report any such amount in a return, the   39
      amount must be paid to the Chief Commissioner for payment into the Consolidated Fund and that              40
      other provisions applying to unclaimed money under the Act apply to the amount (including                  41
      record-keeping requirements and provisions allowing owners to recover unclaimed money that has             42
      been paid to the Chief Commissioner). Item [3] makes a consequential amendment.                            43




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State Revenue Legislation Amendment Bill 2016 [NSW]
Schedule 6 Amendment of Unclaimed Money Act 1995 No 75


      Item [4] enables the Chief Commissioner to permit the owner of unclaimed money that has been paid     1
      to the Chief Commissioner to apply for that money to be repaid to the owner even though the owner's   2
      right to the money has been extinguished.                                                             3
      Items [1] and [5] make amendments in the nature of statute law revision.                              4
      Item [6] makes an amendment of a transitional nature consequent on the enactment of the               5
      amendment proposed to be made by item [4].                                                            6




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