Commonwealth Entities (Payment Surcharges) Tax (Imposition) Act 2024 (Cth)

Commonwealth Entities (Payment Surcharges) Tax (Imposition) Act 2024

No. 102, 2024

An Act to impose a tax relating to payment surcharges, and for related purposes

Contents

Commonwealth Entities (Payment Surcharges) Tax (Imposition) Act 2024

No. 102, 2024

An Act to impose a tax relating to payment surcharges, and for related purposes

[Assented to 2 December 2024]

The Parliament of Australia enacts:

1Short title

This Act is the Commonwealth Entities (Payment Surcharges) Tax (Imposition) Act 2024.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	3 December 2024

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2)

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Definitions

In this Act:

Consequential Provisions Act means the Commonwealth Entities (Payment Surcharges) (Consequential Provisions and Other Matters) Act 2024.

4Imposition

Tax payable under subitem 5(1) of Schedule 2 to the Consequential Provisions Act is imposed.

5Amount of tax

The amount of the tax is equal to the amount the Commonwealth, or a Commonwealth entity, is liable to pay to a person as mentioned in paragraph 5(1)(b) of Schedule 2 to the Consequential Provisions Act.

6Severability

1. (1)

   This section applies in relation to a payment if:

   1. (a)

      subparagraph 5(1)(a)(i) of Schedule 2 to the Consequential Provisions Act applies to the payment; and

   2. (b)

      apart from this section, section 4 of this Act would impose a tax in relation to the payment; and

   3. (c)

      the imposition of the tax in relation to the payment would exceed the legislative power of the Commonwealth.

2. (2)

   Section 4 of this Act has effect as if it did not impose that tax in relation to the payment.

[Minister’s second reading speech made in—

House of Representatives on 25 November 2024

Senate on 27 November 2024]

(154/24)