Acts Revision (Taxation of Territory Authorities) Act 1998 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Acts Revision (Taxation of Territory
Authorities) Act 1998

No. 35 of 1998

An Act to revise legislation of the Territory in relation to the liability of certain Territory authorities for taxes, fees and charges

[Notified in ACT Gazette No. 41: 14 October 1998]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Short title

   This Act may be cited as the Acts Revision (Taxation of Territory Authorities) Act 1998.

2. Commencement

   This Act commences on the day on which it is notified in the Gazette.

3. Amendment of Acts and Regulations

4. The Acts specified in Part I of the Schedule are amended as set out in that Part.

5. The Regulations specified in Part II of the Schedule are amended as set out in that Part.

SCHEDULE  Section 3

Part I—Amendment of Acts

Cultural Facilities Corporation Act 1997

New section 30A—

After section 30, insert the following section:

“30A.Liability for ACT taxes etc.

The Corporation is not exempt from liability for any tax (however described), or any fee or charge, under a law of the Territory.”.

Financial Institutions Duty Act 1987

Paragraph 19 (1) (ca)—

Omit “a Territory authority”.

Gungahlin Development Authority Act 1996

New section 35A—

After section 35, insert the following section:

“35A.Liability for ACT taxes etc.

The Authority is not exempt from liability for any tax (however described), or any fee or charge, under a law of the Territory.”.

Hotel School Act 1996

Section 32—

Repeal the section, substitute the following section:

1. Liability for ACT taxes etc.

   The School is not exempt from liability for any tax (however described), or any fee or charge, under a law of the Territory.”.

Milk Authority Act 1971

Section 21M—

Repeal the section, substitute the following section:

“21M.Liability for ACT taxes etc.

The Authority is not exempt from liability for any tax (however described), or any fee or charge, under a law of the Territory.”.

National Exhibition Centre Trust Act 1976

New section 27—

After section 26, insert the following section in Part V:

1. Liability for ACT taxes etc.

   The Trust is not exempt from liability for any tax (however described), or any fee or charge, under a law of the Territory.”.

Stamp Duties and Taxes Act 1987

Schedule 1, paragraph (m)—

Omit the paragraph, substitute the following paragraph:

“(m) to any of the following Territory authorities:

(i)the Canberra Tourism and Events Corporation;

(ii)the Commissioner for Housing;

(iii)The Trustees of the Canberra Public Cemeteries;”.

Part II—Amendment of Regulations

Financial Institutions Duty Regulations

Regulation 3—

At the end of subregulation (1), add the following paragraphs:

“(f)an account kept by a registered financial institution on behalf of the Canberra Tourism and Events Corporation;

(g)an account kept by a registered financial institution on behalf of the Commissioner for Housing.”.

Stamp Duties and Taxes Regulations

Regulations 4 and 5—

Repeal the regulations, substitute the following regulations:

1. Tax exemptions—general insurance premiums

   For the purposes of paragraph (e) of Schedule 2 to the Act, each of the following authorities of the Territory is prescribed:

   (a)the Canberra Tourism and Events Corporation;

(b)the Commissioner for Housing;

(c)The Trustees of the Canberra Public Cemeteries.

1. Tax exemptions—sale or purchase of marketable securities

   For the purposes of paragraph (c) of Schedule 3 to the Act, each of the following authorities of the Territory is prescribed:

   (a)the Canberra Tourism and Events Corporation;

(b)the Commissioner for Housing;

(c)The Trustees of the Canberra Public Cemeteries.”.

[Presentation speech made in Assembly on 25 June 1998]

©  Australian Capital Territory 1998