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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
(Tax Concessions) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Duties Act 1997 No 123 2
4 Amendment of Land Tax Management Act 1956 No 26 2
5 Miscellaneous amendments 2
6 Repeal of Act 2
Schedule 1 Amendment of Duties Act 1997 3
Schedule 2 Amendment of Land Tax Management Act 1956 8
Schedule 3 Miscellaneous amendments 16
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
State Revenue Legislation Amendment
(Tax Concessions) Bill 2006
Act No , 2006
An Act to make miscellaneous amendments to various Acts in connection with State
revenue matters.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 State Revenue Legislation Amendment (Tax Concessions) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the State Revenue Legislation Amendment (Tax
Concessions) Act 2006.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as
provided by subsection (2).
(2) The following provisions commence, or are taken to have commenced,
on the dates indicated:
Schedule 1 [5]--29 June 2006
Schedule 1 [20]--6 June 2006
Schedule 2 [4]-[8] and Schedule 3.2 and 3.3--31 December 2006
Schedule 3.1--1 September 2006
3 Amendment of Duties Act 1997 No 123
The Duties Act 1997 is amended as set out in Schedule 1.
4 Amendment of Land Tax Management Act 1956 No 26
The Land Tax Management Act 1956 is amended as set out in
Schedule 2.
5 Miscellaneous amendments
The Acts specified in Schedule 3 are amended as set out in that
Schedule.
6 Repeal of Act
(1) This Act is repealed on the day following the day on which all the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Amendment of Duties Act 1997 Schedule 1
Schedule 1 Amendment of Duties Act 1997
(Section 3)
[1] Section 25 Aggregation of dutiable transactions
Insert after section 25 (1) (a):
(ab) the transferor is the same or the transferors are associated
persons, and
[2] Section 25 (2)
Omit the subsection. Insert instead:
(2) Dutiable transactions are not to be aggregated under this section
if the Chief Commissioner is satisfied that:
(a) the dutiable property to which the transactions relate are
comprised of separate allotments of vacant land, and
(b) the transferee is a person authorised to contract to do
residential building work under the Home Building Act
1989, and
(c) the transferee intends to construct residential premises on
the allotments for the purposes of sale to the public.
[3] Section 25 (8)
Insert after section 25 (7):
(8) In this section:
vacant land includes land that the Chief Commissioner considers
is substantially vacant apart from there being on that land the
remnant of any building, or any other object or structure, that the
Chief Commissioner is satisfied has been preserved because of its
heritage significance.
[4] Section 59 Instrument relating to managed investment scheme
Insert "effects or evidences a dutiable transaction and which" after "an
instrument that" in section 59 (1) (a).
[5] Section 65 Exemptions from duty
Omit "aged 65 years" from section 65 (15) (b). Insert instead "aged 60 years".
Page 3
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Schedule 1 Amendment of Duties Act 1997
[6] Section 106 Definitions
Omit the definition of call option. Insert instead:
call option means a right to require a person to sell dutiable
property that is conferred by an agreement or arrangement (being
an agreement or arrangement that is not a dutiable transaction).
[7] Section 106, definition of "put option"
Insert "(being an agreement or arrangement that is not a dutiable transaction)"
after "arrangement".
[8] Section 107 Assignment of rights under call option dutiable as transfer
Omit "to purchase dutiable property from another person (B)" from section
107 (1).
Insert instead "to require another person (B) to sell dutiable property".
[9] Section 107 (2)
Omit "right under a call option to purchase dutiable property from B and a call
option to purchase the dutiable property from B is granted to C".
Insert instead "right under a call option to require B to sell dutiable property
and a call option to require B to sell the dutiable property is granted to C".
[10] Section 108 Person liable to pay duty
Omit "to purchase dutiable property" from section 108 (1).
Insert instead "to require another person to sell dutiable property".
[11] Section 108, note
Omit "to purchase land from B". Insert instead "to require B to sell land".
[12] Section 111 Exemptions
Insert at the end of section 111 (1) (b) (ii):
, or
(c) the dutiable property the subject of the call option is land
and the call option is assigned by a person authorised to
contract to do residential building work under the Home
Building Act 1989 who:
(i) has built or is building residential premises on the
land for the purposes of sale, or
(ii) has an agreement with the person to whom the call
option is assigned to build residential premises on
the land, or
Page 4
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Amendment of Duties Act 1997 Schedule 1
(d) the call option is assigned by a corporation that is a
member of a group of corporations to another corporation
that is a member of the same group.
[13] Section 111 (2A) and (2B)
Insert after section 111 (2):
(2A) For the purposes of this section, corporations are members of the
same group of corporations if:
(a) one corporation is a wholly owned subsidiary of the other
corporation (that is, the other corporation holds, otherwise
than as trustee, not less than 90% of the issued share capital
of the first corporation and is in a position to control not
less than 50% of the maximum number of votes that might
be cast at a general meeting of the first corporation), or
(b) the corporations are wholly owned subsidiaries (within the
meaning of paragraph (a)) of the same corporation.
(2B) If a corporation that is a wholly owned subsidiary (within the
meaning of subsection (2A) (a)) of another corporation (the
parent corporation) holds shares, otherwise than as trustee, in a
third corporation, then, for the purposes of determining whether
the parent corporation and the third corporation are members of
the same group of corporations, the shares held by the wholly
owned subsidiary in the third corporation are taken also to be
shares held by the parent corporation in the third corporation.
Note. The effect of subsection (2B) is that the third corporation will be
considered to be a wholly owned subsidiary of the parent corporation if
the shareholdings of the parent corporation in the third corporation (if
any) together with the shareholdings of any wholly owned subsidiary in
the third corporation are sufficient to satisfy subsection (2A) (a).
[14] Section 163G How may an interest be "acquired"?
Insert after section 163G (2):
(2A) If the acquisition arises from an agreement to purchase, allot or
issue a unit or share, the acquisition is made, for the purposes of
this Part, when the agreement is completed. It does not matter
whether or not the acquisition or interest acquired is registered.
(2B) For the purposes of subsection (2A), an agreement is taken to be
completed when the necessary transfer or title documents are
delivered to the person acquiring the interest and the purchase
price is paid in full.
Page 5
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Schedule 1 Amendment of Duties Act 1997
[15] Section 163L Primary producers--special provisions
Omit "(within the meaning of section 274)" from section 163L (4).
Insert instead "or land that would be considered to be land used for primary
production if it were land in New South Wales".
[16] Section 163ZB Exempt transactions
Omit the definition of land used for primary production from section
163ZB (7).
[17] Section 274 Transfer of certain business property between family
members
Omit "or aquaculture" wherever occurring in section 274 (1).
[18] Section 274 (6), definition of "ancestor"
Omit paragraph (b). Insert instead:
(b) a spouse, former spouse, de facto partner or former de
facto partner of a person referred to in paragraph (a).
[19] Section 274 (6), definition of "land used for aquaculture"
Omit the definition.
[20] Section 284B
Insert after section 284A:
284B Restructuring of unit trust for land tax purposes
(1) Duty under this Act is not chargeable in respect of an instrument
executed on or after 6 June 2006 and before 1 January 2008 that
effects a variation to a trust deed for a unit trust (within the
meaning of Schedule 1AA to the Land Tax Management Act
1956) if:
(a) before the instrument is executed, unit holders in the unit
trust have fixed entitlements under the trust, and
(b) the purpose of the variation is to enable the unit trust to
satisfy the relevant criteria (within the meaning of section
3A of the Land Tax Management Act 1956) and,
accordingly, to be treated as a fixed trust under that
section, and
(c) the variation does not directly or indirectly result in a
change in the proportion of any income or capital to which
a unit holder is entitled under the trust.
Page 6
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Amendment of Duties Act 1997 Schedule 1
(2) Unit holders in a unit trust have fixed entitlements under the trust
if:
(a) the unit holders are entitled to a fixed proportion of the
income or capital distributions of the trust (if any are
made) based on the number or class of units owned by
them, and
(b) the entitlements referred to in paragraph (a) cannot be
removed, restricted or otherwise affected by the exercise
of a discretion, or by a failure to exercise a discretion,
conferred on any person under the trust.
[21] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
State Revenue Legislation Amendment (Tax Concessions) Act
2006
[22] Schedule 1, Part 25
Insert after Part 24:
Part 25 Provisions consequent on enactment of
State Revenue Legislation Amendment
(Tax Concessions) Act 2006
63 Transactions involving put and call options
The amendments made to Part 2 of Chapter 3 by the State
Revenue Legislation Amendment (Tax Concessions) Act 2006 do
not operate to impose duty on a call option assignment (within the
meaning of that Part) that would not, immediately before the
commencement of those amendments, have been chargeable with
duty if the call option or put option to which the assignment
relates was granted before the commencement of those
amendments.
[23] Dictionary
Omit the definition of land used for primary production. Insert instead:
land used for primary production means land that is exempt
from land tax under section 10AA (Exemption for land used for
primary production) of the Land Tax Management Act 1956.
Page 7
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Schedule 2 Amendment of Land Tax Management Act 1956
Schedule 2 Amendment of Land Tax Management
Act 1956
(Section 4)
[1] Section 3A Special trust--meaning
Omit section 3A (2). Insert instead:
(2) For the purposes of this section, a trust is a fixed trust if the
equitable estate in all of the land that is the subject of the trust is
owned by a person or persons who are owners of the land for land
tax purposes (disregarding section 25 (3)).
[2] Section 3A (3A) and (3B)
Insert after section 3A (3):
(3A) If a trust satisfies the relevant criteria, the persons who are
beneficiaries of the trust under the trust deed are taken to be
owners of an equitable estate in the land that is the subject of the
trust and, accordingly, the trust is taken to be a fixed trust.
Note. Under section 25, owners of an equitable estate or interest in land
are liable in respect of land tax as if they were legal owners of the land.
Owners of an equitable estate in land are treated as secondary
taxpayers.
(3B) For the purposes of this section, the relevant criteria are as
follows:
(a) the trust deed specifically provides that the beneficiaries of
the trust:
(i) are presently entitled to the income of the trust,
subject only to payment of proper expenses by and
of the trustee relating to the administration of the
trust, and
(ii) are presently entitled to the capital of the trust, and
may require the trustee to wind up the trust and
distribute the trust property or the net proceeds of
the trust property,
(b) the entitlements referred to in paragraph (a) cannot be
removed, restricted or otherwise affected by the exercise
of any discretion, or by a failure to exercise any discretion,
conferred on a person by the trust deed.
Page 8
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Amendment of Land Tax Management Act 1956 Schedule 2
[3] Section 3A (4) (f)
Insert at the end of section 3A (4) (e):
, or
(f) in relation to any land tax year in which it is a family unit
trust, as provided by Schedule 1AA.
[4] Section 9AA Average value of land (as inserted by the State Revenue and
Other Legislation Amendment (Budget Measures) Act 2006)
Omit section 9AA (3) (b).
[5] Section 9AA (5)
Omit the subsection.
[6] Section 9AA (9)
Omit the subsection. Insert instead:
(9) The average value of a parcel of land that is heritage-protected,
and that was not heritage-protected on 31 December immediately
before either or both of the preceding land tax years, is to be
determined as provided for by subsection (7) (as if the parcel did
not exist on the date or dates of 31 December on which it was not
heritage-protected).
[7] Section 9AA (12)
Insert after section 9AA (11):
(12) For the purposes of this section, land is heritage-protected if it is
either heritage restricted (within the meaning of section 14G of
the Valuation of Land Act 1916) or the subject of a heritage
valuation under Division 6 of Part 6 of the Heritage Act 1977, or
both.
[8] Section 21C Liability of lessees of land owned by Crown or council
Omit section 21C (4)-(4BA), as inserted by the State Revenue and Other
Legislation Amendment (Budget Measures) Act 2006.
Insert instead:
(4) For the purposes of determining the lessee's land tax liability
when the notional parcel consists of a part of land, the land value
of the notional parcel is the land value of the entire parcel
multiplied by the apportionment factor.
Page 9
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Schedule 2 Amendment of Land Tax Management Act 1956
(4A) For the purposes of this section, the apportionment factor is the
proportion that the rental value of the notional parcel bears to the
rental value of the entire parcel.
(4B) The Chief Commissioner may request the Valuer-General to
determine the land value of the notional parcel.
(4BA) If a request is made under subsection (4B):
(a) the Valuer-General must determine the land value of the
notional parcel, and
(b) the land value so determined is, subject to subsection (4C),
the value of the notional parcel for land tax purposes, and
is to be entered in the Register accordingly.
(4BB) For the purpose of determining the average value of the notional
parcel under section 9AA, if the notional parcel was not leased on
31 December immediately before either or both of the preceding
land tax years (within the meaning of section 9AA (1)), the
average value of the notional parcel is to be determined as
provided for by section 9AA (7) (as if the notional parcel did not
exist on the date or dates of 31 December on which it was not
leased).
[9] Section 27 Joint owners
Insert after section 27 (4):
Note. See also Schedule 1AA in relation to family unit trusts.
[10] Schedule 1AA
Insert after section 83:
Schedule 1AA Family unit trusts--special
provisions
(Section 3A (4) (f))
1 Unit trust--meaning
In this Schedule:
unit trust means a trust in respect of which the beneficiaries of
the trust are owners of units in the trust and each unit holder, or
each unit holder of a particular class:
(a) is entitled, as a beneficiary of the trust, to participate in any
income or capital distributions (or both) of the trust, and
Page 10
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Amendment of Land Tax Management Act 1956 Schedule 2
(b) the amount or proportion of any income or capital
distribution to which the unit holder is entitled is based on
the number or class of units owned by the person (or both).
2 Family unit trust--special concession
(1) A unit trust is a family unit trust in relation to the land tax year
commencing on 1 January 2006 if, at midnight on 31 December
2005:
(a) the trust property includes land (other than land that is
exempt from taxation under this Act), and
(b) the taxable value of that land does not exceed $1,000,000,
and
(c) the unit holders in the unit trust have fixed entitlements
under the trust, and
(d) the units in the unit trust are family-owned.
(2) The unit trust continues to be a family unit trust in relation to each
subsequent land tax year unless, before the commencement of
that land tax year:
(a) the trust acquires additional land and, as a result of that
acquisition, the taxable value of the land that is the subject
of the trust (and that is not exempt from taxation) exceeds
$1,000,000 (with the taxable value of the land being the
taxable value for the land tax year during which the
acquisition was made), or
(b) the unit holders cease to have fixed entitlements under the
trust, or
(c) the units in the unit trust cease to be family-owned.
(3) If the unit trust ceases to be a family unit trust in relation to a
subsequent land tax year, it cannot then become a family unit
trust again (despite any changes in the land holdings or any other
circumstances of the trust).
(4) Unit holders in a unit trust have fixed entitlements under the trust
if:
(a) the unit holders are entitled to a fixed proportion of the
income or capital distributions of the trust (if any are
made) based on the number or class of units owned by
them, and
(b) the entitlements referred to in paragraph (a) cannot be
removed, restricted or otherwise affected by the exercise
of a discretion, or by a failure to exercise a discretion,
conferred on any person under the trust.
Page 11
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Schedule 2 Amendment of Land Tax Management Act 1956
(5) Units in a unit trust are family-owned if:
(a) in the case of a unit trust where the units are owned by one
person:
(i) the person is a non-trustee, or
(ii) the person is a family trustee, or
(b) in the case of a unit trust where the units are owned by 2 or
more persons, not less than 95% of the units in the unit
trust are owned by non-trustees or family trustees (or a
combination of both) who are members of the same family.
(6) A person is a member of the same family as another person if:
(a) the person is married to the other person or in a de facto
relationship (within the meaning of the Property
(Relationships) Act 1984) with the other person, or
(b) the person is the child of the other person (whether by
birth, adoption or marriage), or
(c) the Chief Commissioner is satisfied, on the basis of any
other relationship between the persons, that they can be
considered to be members of the same family.
(7) If a person owns a unit in a unit trust as a family trustee, the
person is treated as a member of the same family as another
person only if the beneficiaries of the trust of which the person is
family trustee:
(a) are members of the same family as the other person, or
(b) if the other person is also a family trustee, are members of
the same family as the beneficiaries of the trust of which
the other person is family trustee.
(8) In this clause:
family trustee means a person who owns a unit in a unit trust as
trustee of another trust which:
(a) has only one beneficiary, who is a natural person, or
(b) has 2 or more beneficiaries, who are all natural persons and
members of the same family.
non-trustee means a natural person who owns a unit in a unit
trust otherwise than as trustee of another trust.
(9) For the purposes of this clause, if a person owns a unit in a unit
trust as trustee of a trust that is a superannuation trust in relation
to the land tax year (within the meaning of section 3A), the
members of that superannuation trust are taken to be beneficiaries
of the trust.
Page 12
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Amendment of Land Tax Management Act 1956 Schedule 2
3 Unit holders taken to be joint owners of land
(1) If a unit trust is a family unit trust in relation to a land tax year,
the unit holders in that unit trust are taken, for the purposes of
section 27, to be joint owners of the land that is the property of
the trust:
(a) in the same proportion as the number of units held by them,
or
(b) if there are different classes of units in the unit trust, in the
same proportion as the number of units held by them of a
class that entitle the holders to participate in capital
distributions of the trust.
(2) This clause does not apply to unit holders in a unit trust which is
a superannuation trust in relation to the land tax year (within the
meaning of section 3A).
[11] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1A (1):
State Revenue Legislation Amendment (Tax Concessions) Act
2006
[12] Schedule 2, Part 20
Insert as Part 20:
Part 20 Provisions consequent on enactment of
State Revenue Legislation Amendment
(Tax Concessions) Act 2006
41 Amendments relating to trusts
(1) The trust amendments apply as if those amendments had
commenced on 31 December 2005.
(2) Liability for land tax in respect of the land tax year commencing
on 1 January 2006 and subsequent land tax years is to be assessed
or reassessed accordingly.
(3) Anything done or omitted to be done before the date of assent to
the State Revenue Legislation Amendment (Tax Concessions) Act
2006 that would have been validly done or omitted to be done if
the trust amendments had been in force at the time that it was
done or omitted to be done is taken to have been validly done or
omitted to be done.
Page 13
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Schedule 2 Amendment of Land Tax Management Act 1956
(4) In this clause, the trust amendments means the amendments
made to section 3A by the State Revenue Legislation Amendment
(Tax Concessions) Act 2006, and the provisions of Schedule
1AA, as inserted by that Act.
42 Restructuring of unit trust for land tax purposes--concession
(1) This clause applies in respect of a unit trust (within the meaning
of Schedule 1AA) if:
(a) an instrument is executed on or after 6 June 2006 and
before 1 January 2008 that effects a variation to a trust
deed for a unit trust, and
(b) before the instrument is executed, unit holders in the unit
trust have fixed entitlements under the trust, and
(c) the purpose of the variation is to enable the unit trust to
satisfy the relevant criteria (within the meaning of section
3A) and, accordingly, to be treated as a fixed trust under
that section, and
(d) the variation does not directly or indirectly result in a
change in the proportion of any income or capital to which
a unit holder is entitled under the trust.
(2) Any land tax payable in respect of the land the subject of the unit
trust is to be assessed or reassessed as if the variation to the trust
deed took effect on 31 December 2005.
(3) Unit holders in a unit trust have fixed entitlements under the trust
if:
(a) the unit holders are entitled to a fixed proportion of the
income or capital distributions of the trust (if any are
made) based on the number or class of units owned by
them, and
(b) the entitlements referred to in paragraph (a) cannot be
removed, restricted or otherwise affected by the exercise
of a discretion, or by a failure to exercise a discretion,
conferred on any person under the trust.
(4) Anything done or omitted to be done on or after 6 June 2006 and
before the date of assent to the State Revenue Legislation
Amendment (Tax Concessions) Act 2006 that would have been
validly done or omitted to be done if this clause had been in force
at the time that it was done or omitted to be done is taken to have
been validly done or omitted to be done.
Page 14
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Amendment of Land Tax Management Act 1956 Schedule 2
43 Determinations made by Valuer-General before commencement of
budget measures
(1) Anything done by the Valuer-General before the commencement
of Schedule 3 to the State Revenue and Other Legislation
Amendment (Budget Measures) Act 2006 that would have been
validly done under section 62TBA of this Act (as substituted by
that Act) if Schedule 3 to that Act had commenced and it had
been done before 15 October 2006, is taken to have been validly
done under that section and has effect as if that Schedule had been
in force at the time that it was done.
(2) Anything omitted to be done by the Valuer-General before the
commencement of Schedule 3 to the State Revenue and Other
Legislation Amendment (Budget Measures) Act 2006 that would
have been validly omitted to be done if Schedule 3 to that Act had
commenced at the time that it was omitted is taken to have been
validly omitted to be done.
Page 15
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Schedule 3 Miscellaneous amendments
Schedule 3 Miscellaneous amendments
(Section 5)
3.1 Gaming Machine Tax Act 2001 No 72
Section 14 Annual rate for registered clubs
Omit "on $800,000 of those profits" from section 14 (2) (a).
Insert instead "on so much of those profits as exceeds $200,000".
3.2 Taxation Administration Act 1996 No 97
Section 16A
Insert after section 16:
16A Land tax assessments--special provisions
The validity of a land tax assessment for a land tax year (within
the meaning of the Land Tax Management Act 1956) is not
affected by an objection or appeal under the Valuation of Land
Act 1916 in relation to a land tax assessment for a subsequent
land tax year, even if the objection or appeal results in a change
to a land valuation on which the earlier land tax assessment was
partly based.
Note. Under the Land Tax Management Act 1956 land tax assessments
are based on an average value of land, being an average of the land
value of the land in respect of the most recent 3 land tax years. This
section prevents an objection to a land tax assessment from affecting the
validity of previous land tax assessments that were based on one or 2 of
the same land values.
3.3 Valuation of Land Act 1916 No 2
[1] Section 35AA
Insert after section 35A:
35AA Restrictions on objections to land tax valuations
(1) In the case of a valuation for the purposes of the Land Tax
Management Act 1956, a person is not entitled to object to any
valuation used as the basis of a land tax assessment if the
valuation has previously been the subject of an objection, except
with the permission of the Valuer-General.
Page 16
State Revenue Legislation Amendment (Tax Concessions) Bill 2006
Miscellaneous amendments Schedule 3
(2) The Valuer-General is to permit the objection only if satisfied
that there are special reasons for allowing the objection to be
made.
(3) The fact that the person seeking to make the objection was not an
owner, occupier or lessee of the land at the time that the earlier
objection was made does not of itself constitute a special reason
for allowing the person to make an objection.
(4) This section applies whether or not the person seeking to make
the objection lodges the objection within 60 days after service of
the relevant land tax assessment.
(5) If the Valuer-General refuses permission to make an objection
under this section, the Valuer-General must give the person
seeking to make the objection notice of the Valuer-General's
decision.
(6) A refusal to grant permission to make the objection does not give
rise to a right of appeal under section 37.
[2] Section 35B Determination of objection
Insert "that has been duly made" after "consider an objection" in section
35B (1).
Page 17
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