Finance Act of 1930 (21 Geo v No. 19) (Qld)

];3178 SUPREME COURT-TAXATION. P·'RT 1V.- ._------------ _ AMEND: \ lE~ TS OF THE Finance A.ct. 21 GEO. V. No. 19, PRrNC[P.IL ACT. or the chairman of such committee, whether before or after the passing of this Act shiLll, notwithstanding that it has been or shall afterwards be discovered that there was some defect in the appointment of such person so acting or purporting to act as a member or the chairman of such committee or absence of any right or authority in such person so to act be and be deemed to have been as valid, effectual, and binding and may be maintained, enforced, and (subject to the due appointment of such person as a member or the chairman of such committee) continued as if the person so acting or purporting to act had been at all material times a duly appointed member or the duly appointed chairman of such committee. TAXATION. See also INCOME TAX. See also LABOUR-INCOME (UNEMPLOYMENT HELmF) TAX. See also LAND TAX. See also STAMPS. ::1 SO G . 00 1 . 9 Y . . An Act to Amend "The Income Tax Acts, 1924 to THE 1929," in certain particulars; to Amend "The .Ac F p INOAFN 1 C 9 E 3 : 0. Succession and Probate Duties Acts, 1892 to 1920," in certain particulars; and to Amend H The Racecourses Act of 1923" in certain particulars. [ASSENTED TO 23RD OCTOBER, 1930.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as foHows :-- PART 1.- PRELIMINARY. PART I.--PRELI:M:INARY. Short title. 1. This Act may be cited as "The Finance Act of 1930."

19BO. TAXA'rION. ------------------ ---------- Finance Act. 13179 ----------- - - - PART L- PRELDIINARY. 2. This Act is divided into Parts as follows : - Parts of Act. PAHT I.-PRELIMINARY; *PAR'f H.-AMENDMENTS OF "THE INCOME TAX ACTS, 1924 TO 1929"; PART HI.--AMENDMENTS OF "THE SUCCESSION AND PROBATE DUTIES ACTS, 1892 TO 1920"; PART IV.-AMENDMENTS OF "THE RACECOURSES PART ACT OF 1923." II.-*AM1<lNDMENTS OF "THE 1924 TO 1929." INCOME TAX ACTS, - PART II.- AMEND~ lEN' rS OF" THE INCOME lAX ACTS, 1924 TO 1929." 3. t" The Income Tax Acts, 1924 to 1929," are in Construction this Part of this Act referred to as the Principal Act. of Part n. This Part of this Act shall be read as one with such Principal Act. Such Principal Act as amended by this Part of this Act may collectively be cited as "The Income Tax Acts, 1924 to 1930." Amendments of the Principal Act. as f 0 4 11 o . wSse: c-t-i-on televen of the Principal Act is amended A 0 f m se. n H dm . ent The following additional provisos are inserted after the first paragraph of subsection two, namely ;- " Provided that, unless the taxpayer purchased or acquired such goodwill of such interest in such hotel property (other than the goodwill of an interest in an hotel property purchased or acquired for sale in the ordinary course of business) during the year in which the sale took place or the six years prior thereto, any profit made shall not be liable to income tax. Without in any wise limiting the meaning of the term "in the ordinary course of business," such term shall also extend and apply to any case where a person has purchased or acquired the goodwill of an interest in a hotel property for sale; Provided further that for the purposes of this subsection, where the owner of any freehold interest in an hotel property who but for the amendment of paragraph (p )of subsection one of section nineteen of * See also "The Income Tax ActsAmendment Act oj 1930, No. 2 (21 Geo. V. No. 40, supra, page 12H34. • t 15 Geo. V. No. 31 and amending Acts, supra, pages 10945 et seq. t Further amendment see s. 2 of 21 Geo.V. Ko. 40, supra, page 12934.

13180 TAXATION. PART II.- AMENDMENTS OF "THE Ji'inance Act. 21 GEO. V. No. 19, INCOME TAX ACTS, 1924 TO 1929." this Act made by subsection two of section five of " The Finance Act of 1930" would have been entitled to a deduction under the said paragraph (p), sells the goodwill of such interest, he shall be allowed as a deduction from the consideration received by him the consideration paid by him in respect of the goodwill of such interest in such hotel property." Operation of amend- ments. The amendments aforesaid made by section four of this Part of this Act to section eleven of the Principal Act shall apply only to the sale of the goodwill of an interest in an hotel property effected after the passing of " The Finance Act of 1930. ~' Amendment 5. Section *nineteen of the Principal Act is amended of s. 19. as follows : - (1.) Paragraph (c) of subsection one is repealed and a new paragraph (c) is inserted in lieu thereof:- "(c) In the case of a taxpayer ordinarily resident in Queensland whose net income does not exceed six hundred and forty pounds- The amount of sixty pounds in respect of each child under the age of sixteen years on the first day of the year preceding the year for which the tax is payable, and who is wholly maintained by the taxpayer. The amount of seventy-two pounds in respect of the wife of such taxpayer, and, in the case of a widower, such other female relative as may reside with him for the purpose of caring for his family, if in either case she is wholly maintained by him. If she has not a net income of her own exceeding twenty-six' pounds per annum she shall be deemed to be wholly main- tained by him. The amount of sixty pounds in respect of the mother of such taxpayer if she resides in Queensland and is wholly maintained by him. If she has not a net income of her own exceeding forty pounds per annum she shall be deemed to be wholly maintained by him. * FurH,er amendment see s. 3 of 21 Geo. V. No. 40, supra, page 12935.

1930. TAXATION. Finance Act. Provided that- 13181 ------- ~ PART !I.- AMENDMENTs OF" THE INCOhlETAX AOTS, 1924 TO 1929." (i.) If the net income of a taxpayer ordinarily resident in Queensland exceeds six hundred and forty pounds, each of the allowances of sixty pounds to which he may be entitled shall be reduced by one pound for each six pounds by which his net income exceeds six hundred and forty pounds. ~ ii. ) If the net income of a taxpayer ordinarily resident in Queensland exceeds six hundred and forty pounds, the allowance of seventy- two pounds to which he may be entitled shall be reduced by one pound for each five pounds by which his net income exceeds six hundred and forty pounds. (iii.) In arriving at the net income of the tax- payer for the purposes of any of the pro- visions of this paragraph (c), the amount of any deduction to which the taxpayer may be entitled under any of such pro- visions shall be disregarded; also there shal1 be taken into account the amdunt of the taxpayer's income from dividends." (2.) The following additional proviso is added to Amendment paragraph (P) of subsection one of the said section :_ ( ! ) ~ . 19 (1) "Provided further that the provisions) of this paragraph (P) shall not apply to the amount paid for the purchase of the goodwill of an hotel property effected after the passing of··" The Finance Act of 1930." " 6. Section twenty of the Principal Act is amended Amendment as follows:- oh. 20. (a) In subsection one, the words and figures" more than £250" are repealed and the words "more than £150 " are inserted in lieu thereof. (b) Subsection two is repealed and the following subsection is inserted in lieu thereof :- "(2.) With respect to any person (not being a company or an absentee) whose net income (whether from

13182 'rAXA'l'ION. PART II.-- ' AME~! ) :\ ' IEN' fS OF " TH~; fi"inance Act. 21 GEO. V. No. 19, INCOME TAX ACTS, 1924 TO ]929." personal exertion or from the produce of property or partly from personal exertion and partly from the produce of property) during the income year amounts to more' than £150 but does not amount to more than £1,000, a part, but not exceeding £150, of such income shall be exempt from ineome tax and shall not be deemed to be part of the taxable income. The amount of such exemption shall be ascertained as follows ; -The amount of £150 shall be exempt if the net income does not amount to more than £254. The amount of £149 shall be exempt if the net income is £255, and the amount of exemption shall be reduced by £1 for each £5 of the net income in excess of £255, so that there shall not be any exemption if the net income is £1,000. In deducting the amount of such exemption, the income from the produce of property (if any) shall be first resorted to." (c) In subsection four the words and figures " sum of £250" are repealed and the words and figures " sum of £150 " are inserted in lieu thereof. • Amendment 7. Paragraph (a). of subsection one of section thirty of 8. 30. of the Principal Act is amended by omitting the words " two hundred and fifty" and inserting the words " one hundred and fifty" in lieu thereof. The following proviso is added to the said sub- section, namely :- "Provided that the Commissioner shall have full power and authority to issue any further notice or notices in the Gazette calling upon any person to furnish any return for the purpose of assessment and levy of income tax under this Act. Amendment 8. Section thirty-eight of the Principal Act is of s. 38. amended as follows :-In paragraph (iv.) of subsection four of section thirty-eight, the words "and the taxable income derived from the sale of the goodwill of a hotel property under subsection two of the said section if received in one income year shall be divided by five,"

TAXATION. 13183 - -- - -- - - - - - - - - - - - - - - - - - - - - - - ~ - ~ - -- - -~ - -- - - PART II.- 1930. Ji1inance Act. AMENDMENTS OF" THE INCOME TAX ACTS, 1924 are repealed and the following words are inserted in TO 1929." lieu thereof, namely :-." and the taxable income derived from the sale of the goodwill of an interest in an hotel property under subsection two of the said section if received in one income year shall be divided by the number of years (including a part of a year) not exceeding s~ ven years during which the taxpayer held such goodwill prior to the date of the transaction referred to in that subsection; " The amendment aforesaid made by section eight Operation of this Part of this Act to section thjrty-eight of the ~ ~ e~ l~ end­ Principal Act shall come into operation and take effect from the passing of " The Fh~ ance Act of 1930." . 9. The following new section is inserted after section thirty-eight of the Principal Act, namely : - "[38A.] Notwithstanding anything contained in this Minimum Act, where a person would be liable to pay income tax tax. of an amount less than one pound the tax payable by that person shall be one pound; and where a person would be liable to pay income tax exceeding one pound but less than one pound ten shillings the tax payable by that person shall be one pound ten shillings; and where a person would be liable to pay income tax of an amount exceeding one pound ten shillings but less than two pounds the tax payable by that person shall be two pounds." 10. Section thirty-nine of the Principal Act is repealed and a new section is inserted in lieu thereof.:- " [39.] Where any company carrying on in Queens- !ire, &c., 1and fire, · acC! 'dent , fidell' Yt , guarant ee, or marm. e cmosmupraannciees. insurance business actually pays away any portion of any premiums by way of re-insurance effected with any other company which does not carry on business in Queensland, the first-named company shall for the purposes of this Act be deemed to be the agent of the last-named company so receiving such portion of such premiums, and before paying away such portion shall

13184 'rAXATION. l'ART !I.- AMENDMENTS OF" THE Finance Act. 21 GEO. V. No. 19, INCOME TAX ATCOT 1 S 9 . 2 1 9 9 . 2 " 4 pay to the Commissioner income tax on the amount at the rate of seven and one-half pence in the pound, together with super tax, and may deduct from su:::h portion of premiums the amount of tax thereon: Provided that, for the purposes of this section, when the first-named company credits in its books to the last-named company such portion of such prel'lliums, the first-named company shall be deemed to have : : wtuall~ ' paid away such portion of such premiums so credited to such last-named company, and such first-named company shall pay to the Commissioner income tax at the rate aforesaid on such portion of such premiums so credited." Amendment 11. Section *forty of the Principal Act is amended of 8. 40. as follows : - In paragraph (a) all words from and including the words "Where interest" to and including the words "super tax (if any)" are repealed and the following words are inserted in lieu thereof, namely :-" Where interest is payable to a person residing beyond Queens- land, the person or partnership paying it shall pay to the Commissioner income tax on the amount at the rate of twenty-two and one-half pence in the pound, together with super tax." Amendment 12. In section forty-two, all words from and including of s. 42. the words "The rates of income tax in respect of the income of companies shall be as follow" to and including the following words and figures, namely- " (ii.) On the remainder of f 24d. in each and the taxable income .. l every £." occurring at the end of subsection three of the said section, are repealed, and the following words and subsections are inserted in lieu thereof, namely :- Rates of tax on incomes of companies. " The rates of income tax in respect of the income of companies shall be as follow :- (1.) On the taxable incomes of all companies, not being public utility companies or monopoly companies * Further amendment see s. 4 of 21 Geo. V. No. 40, supra, page 12935.

'rAXATION. 13185 PART II.- 1930. lhnance Act. A~ rENDMENTb OF" THE INCOME TAX ACTS, 1924 or those foreign companies for which special rates of tax TO 1929." , are prescribed under subsection three of this section- t If the total profits, after ex- " eluding therefrom any profits exempt from tax 18d. in each and under this Act, do not every £. exceed 6 per cent. on the capital .. .. j If such profits- Exceed 6 per cent. and do J 20d. in each and • not exceed 7 per cent... \.. every £. Exceed 7 per cent. and do{22d. in each and not exceed 8 per cent. .. every £. Exceed 8 per cent. and do{24d. in each and not exceed 9 per cent. .. every £. Exceed 9 per cent. and do {26d. in each and not exceed 10 per cent. every £. Exceed 10 per cent. and do {28d. in each and not exceed 11 per cent. every £. Exceed 11 per cent. and do J30d. in each and "- not exceed 12 per cent. every £. Exceed 12 per cent. and do f32d. in each and. not exceed 13 per cent. "- every £. Exceed 13 per cent. and do {34d. in each and not exceed 14 per cent. every £. Exceed 14 per cent. and do {36d. in each and not exceed 15 per cent. every £. Exceed 15 per cent. and do f 38d. in each and "- not exceed 16 per cent. every £. Exceed 16 per cent. and do f 40d. in each and "- not exceed 17 per cent. every £. Exceed 17 per cent. and do {42d. in each and not exceed 18 per cent. every £. Exceed 18 per cent. and do J 44d. in each and "- not exceed 19 per cent. every £. Exceed 19 per cent. . . {46d. in each and every £.

13186 TAXATION. PARTII.- - - - ------------ ---------------------- AME~ D:\ lEt~ 'r8 OF" THE JNCOME TAX ACTS, 1924 TO 1929." - Pi1Uil/ce Ad. 21 GEO. V. No. 19, (2.) On the taxable incomes of all public utility companies and monopoly companies- If the total profits, after eX-l eluding therefrom any ~ profits exempt from tax I8d. in each and under this Act, do not _ every £. exceed 6 per cent. on the I capital .. .. j If such profits- Exceed 6 per cent. and do f 22d. in each and not exceed 7 per cent. .. \.. every £. • Exceed 7 per cent. and do{26d. in each and not exceed 8 per cent. .. every £. Exceed 8 per cent. and do{30d. in each and not exceed 9 per cent. every £. Exceed 9 per cent. and do f 34d. in each and not exceed 10 per cent. \.. every £. Exceed 10 per cent. and do f 38d. in each and not exceed 11 per cent. \.. every £. Exceed 11 per cent. and do f 42d. in each and not exceed 12 per cent. \.. every £. Exceed 12 per cent. and do {46d. in each and not exceed 13 per cent. every £. Exceed 13 per cent. and do f 50d. in each and not exceed 14 per cent. \.. every £. Exceed 14 per cent. and do f 54d. in each and not exceed 15 per cent. l every £. Exceed 15 per cent. and do f 58d. in each and not exceed 16 per cent. l every £. Exceed 16 per cent. . . {62d. in each and every £. (3.) On the taxable incomes of the foreign companies hereunder mentioned (not being public utility companies or monopoly companies), the incomes whereof are assessable under subsection four of section fourteen, or

'l'AXATION. 13187 1930. Finance Act. I'ABTIl.- AlIIENDMENi'B oll"Tm INCOME TAX ACTS,1924 section sixteen, or section seventeen of this Act, the TO 1929." rates of tax shall be as follow :- (a) Banking companies r36d. in each and .. ~ every £ of the l taxable income. (b) Fire, accident, fideli~ y, ~ uarantee, or marIne Insurance companies assessed on twenty-five per centum of the premiums, life assurance companies which have \1 shareholders who are entitled to receive the whole profits, other com- panies assessed under paragraph (iv.) of sub- section four of section fourteen of this Act 30d. in each and on a percentage being every £ of the not less than two taxable income. pounds ten shillings per centum and not greater than twelve pounds ten ~ shillings per centum of the total sales made in Queensland or of the I total revenue derived I from Queensland as de- termined by the Commis.. l sioner, and companies J assessed under section f sixteen or section seven- teen of this Act .. 1 (c) Mutual life assurance companies (that i.s, lif1e1 22.1,d. I . n each and a~ suranc~ cOfpamesh.ah ~ every £ of the at ree di~ V r I ~ dt e sd arommongw tI C he J: taxable income. . policy-holders) .. (d) Life assurance companies which have shareholders who are entitled to receive a share of the

13188 PARTII.- AlI1END~IE) lTS OF" THE INco~ IE T,IX ACTs, 1924 TO 1929." 'I'AXA'I'ION. Finance A.ct. 21 GEO. V. No. 19, profits but which divide a part of their profits among the policy-holders- (i.) On so much of the tax- able income as bears the same proportion to the total taxable! dinicvoidmeed afosr ththee prsoafmites I '22 ~ 1 . d' m ~ ac hf ~ h d income year amongst revery . 0 e the po 1 I · Cy- h 0 Iders 0 f taxable Income. the company bear to the total profits of the ?ompany for the same Income year ., . l r (ii. ) Ot anxtahbelereIm' nacoinmdeer of th. e. 3t0eavdx. eariyb· nel£ ' eIanccohof maten. h" ed Addit.ional tax. 13. The following new section is inserted after section forty-four of the Principal Act, namely:- ;, [44A. ] There shall be charged, levied, collected, and paid for the use of His Majesty in aid of the Consoli- dated Revenue, in addition to the income tax (including super tax) provided by this Act, an additional income tax on the incomes of all persons (except companies) calculated as hereunder set forth :- (a) In the case of the taxable income of any person (not being a company or an absentee) which exceeds £749 but does not exceed £999, an additional tax equal to fifteen per centum of the amount of income tax (including super tax) calculated in accordance with the provisions of this Act. (b) In the case of the taxable income of any person (not being a company or an absentee) which exceeds £999, an additional tax equal to twenty per centum of the amount of income tax (including super tax) calculated in accordance with the provisions of this Act. (c) In the case of the taxable income of any absentee, an additional tax equal to twenty per centum of the amount of income tax (including super tax) calculated in accordance with the provisions of this Act."

TAXATION. 13189 PART II.- 1930. Finance Act. AMENDMENTS OF" THE INCOME TAX ACTS, 1924 14. Except as in thls Part is otherwise expressly TO 1929." ::::n' provided, the first assessments of income tax to be made First t under the Principal Act (as amended by this Part of this Act) shall be in respect of income earned or derived during levl of tax the year which commenced on the first day of July, one ~ : ! pal thousand nine hundred and twenty-nine, and ended on Act a~ db the thirtieth day of June, one thousand nine hundred~ ~ : ~ ! t. y and thirty, or such other period accepted by the Com- missioner in accordance with the provisions of section thirty of the Principal Act, and the first levy of income tax under the Principal Act (as amended by this Part of this Act) shall be for the year which commenced on the first day of July, one thousand nine hundred and thirty, and ends on the thirtieth day of June, one thousand nine hundred and thirty-one. PART III.- AMENDMENTS OF" THE SUCCESSION PART IlL-AMENDMENTS OF "THE SUCCESSION AND DAUNTDIEPSROABCATTSE, PROBATE DUTIES ACTS, 1892 TO 1920." 1fiio!? 15. (1.) *" The Succession and Probate Duties Acts, Construction 1892 to 1920," are in this Part of this Act referred to as of Part Ill. the Principal Act. This Part of this Act shall be read as one with such Principal Act. Such Principal Act as amended by this Part of this Act may collectively be cited as "The Succession and Probate Duties Acts, 1892 to 1930." (2.) This Part of this, Act shall be taken to have Operation come into operation on the first day of July, one of Part. thousand nine hundred and thirty, and the amendments made by this Part of this Act to the Principal Act shall, to that extent, have retrospective operation. (3.) Wherever under the Principal Act the words Consequen· *" The Succession and Probate Duties Acts, 1892 to 1918," ! : ~ ndment. occur, those words are repealed and the words" " The Succession and Probate Duties Acts, 1892 to 1930," and any Act amending the same," are inserted in lieu thereof. 16. In the definition of "Minister" in section three Amendment of the Principal Act, the word "Attorney-General" is of s. 3. repealed and the word "Treasurer" is inserted in lieu thereof.. * 56 Vic. No. 13 and amending Acts, 8upra, pages 8989 and 9332. Z

13190 TAXATION. PART III.- AlvlENDJliENTS OF" THE Finance Act. 21 GEO. V. No. 19, SUOOESSION AND PROBATE DU'l'IES AOTS, 17. The following provision is added to section lOB 11899220 T ." O of the Principal Act : - Amendment "The regulations may prescribe the mode and of s. lOB. extent of proof that shall be required in order to establish the exemption of such moneys or any part thereof from being a succession on the ground that they are the exclusive property of any other person as aforesaid, and that in the absence of such proof to the satisfaction of the Commissioner no such exemption shall be allowed." Amendment 18. The following amendments are made to section of s. 12. twelve of the Principal Act : - (a) Provision numbered (1.) (which provision com- mences with the words "If the whole succession" and ends with the words and figures "15 per cent.") is repealed, and the following provision (1.) is inserted in lieu thereof :- " (1.) If the value of the property derived from the same predecessor (as ascertained in accordance with the provisions of provision numbered (2.) hereof) and passing upon any death what· soever to any person or persons amounts in money or principal value to less than two hundred pounds, no duty. . If the same amounts to £200 but does not exceed £1,000,2 per cent. If the same exceeds £1,000 but does not exceed £2,500, 3 per cent. If the same exceeds £2,500 but does not exceed £4,000, 4 per cent. If the same exceeds £4,000 but does not exceed £5,000, 4! per cent. If the same exceeds £5,000 but does not exceed £6,000, 5 per cent. If the same exceeds £6,000 but does not exceed £7,000, 5! per cent. If the same exceeds £7,000 but does not exceed £8,000, 6 per cent. If the same exceeds £8,000 but does not exceed £9,000, 6! per cent. If the same exceeds £9,000 but does not exceed £10,000, 7 per cent. If the same exceeds £10,000 but does not exceed £12,500, 7! per cent. If the same exceeds £12,500 but does not exceed £15,000, 8 per cent. If the same exceeds £15,000 but does not exceed £17,500, 8t per cent. If the same exceeds £17,500 but does not exceed £20,000, 9 per cent. If the same exceeds £20,000, but does not exceed £22,500,91 per cent. If the same exceeds £22,500, but does not exceed £25,000, 10 per cent. If the same exceeds £25,000 but does not exceed £27,500, lOt per cent. If the same exceeds £27,500 but does not exceed £30,000, 11 per cent. If the same exceeds £30,000, 11 per cent., together with an additional percentage upon the amount or principal value, of one·half of one per cent. for every £5,000 or part of £5,000 in excess of £30,000, but so that the total percentage shall not exceed 20 per cent."

TAXATION. , 13191 1930. Finance Act. PART III.- AMEND~ IENTS OF ., THE SUCCESSION (b) The f 0 11owm' g furth er prOVI.SO . IS a dded t 0 D A U ND TIE P S RO A B C A T T S E , provision numbered (2.) (which provision commences l~ iio: ? with the words "For determining the rate" and ends with the words" table of duties") namely :- " Provided also that, for the purpose of determining the rate of succession duty as aforesaid, no allowance shall be made in respect of the value of any property comprised in any succession which is exempt from duty in accordance with any of the provisions of this Act or any other Act." (c) Provision numbered (4.) (which pr.ovision com- mences with the words" Provided that" and ends with the words "twenty per cent.") is repealed and the following provision (4.) is inserted in lieu thereof : - "(4.) Provided that- (a) In cases where the company concerned pays the duty as prescribed under section two of *" The Succession and Probate Duties Act 1892 Amendment Act of 1895" as amended by section nine of t" The Succession and Probate Duties Act of 1904," or as prescribed under section eleven of the last-mentioned Act, the payment so made shall be deducted from the duty on the value of the shares or interest in such company held by the deceased at the time of his death as ascertained at the aforesaid rates; (b) Where the total value of the estate of the deceased, in or out of Queensland, does not exceed two thousand five hundred pounds, and the predecessor was domiciled in the Commonwealth, and the successor is the wife or the lineal issue of the predecessor, the duty shall be charged at one-half of the rates aforesaid in respect of the succession coming to him or her; (c) Where the total value of the estate of the deceased, in or out of Queensland, exceeds two thousand five hundred pounds but does not exceed five thousand pounds, and the predecessor was domiciled in the Commonwealth, a.nd the successor is the wife or lineal issue of the predecessor, the duty shall be charged at two-thirds of the rates aforesa.id in respect of the succ.ession coming to him or her ; (d) Where such total value of the estate does not exceed five hundred pounds, and the predecessor was domiciled in the Commonwealth, and the successor is the wife or the lineal issue of the predecessor, no probate or administration or succession duty shall be payable; (e) Where the successor is not a stranger in blood to the pre- decessor, but is other than the wife or husband or lineal issue of the predecessor, the rate shall be greater than that specified in the foregoing table for such estate by an addition of one-half of the rate therein specified, but so that such rate shall not exceed twenty-five per cent; __ . - ~ . ~ ._----------------- ------ * 59 Vie. No. 28, supra, page 8989. t 4 Edw. VII. No. 17, supra, page 8989.

13192 TAXATION. PART nI.- AMENDMENTS OF "THE SUCCESSION AND PROBATE DUTIES ACTS, 1892 TO 1920." Finance Act. 21 GEO. V. No. 19, (f) Where the successor is a stranger in blood to the predecessor. the duty shall be charged at double the rate specified in the foregoing table, but so that such rate shall not exceed twenty-five per cent. ; (g) Where the total value of the estate of the deceased, in or out of Queensland, does not exceed two thousand five hundred pounds, and the predecessor was domiciled in the Commonwealth and the successor is the wife or the lineal issue of the predecessor, but such successor is domiciled outside the Commonwealth, the duty shall be charged at five-eighths of the rates aforesaid in respect of the succession coming to him or her; (h) Where the total value of the estate of the deceased, in or out of Queensland, exceeds two thousand five hundred pounds but does not exceed five thousand pounds, and the predecessor was domiciled in the Commonwealth and the successor is the wife or lineal issue of the predecessor, but such successor is domiciled outside the Commonwealth, the duty shall be charged at five-sixths of the rates aforesaid in respect of the succession coming to him or her ; (i) Whele the total value of the estate of the deceased, in or out of Queensland, exceeds five thousand pounds, and the predecessor was domiciled in the Commonwealth, and the successor is the wife or husband or lineal issue of the predecessor, but such successor is domiciled outside the Commonwealth, the rate shall be greater than that specified in the foregoing table for such estate by an addition of one-fourth of the rate therein specified, but so that such rate shall not exceed twenty-five per cent. ; (j) Where such total value of the estate does not exceed five hundred pounds, and the predecessor was domiciled in the Commonwealth and the successor is the wife or the lineal issue of the predecessor, but such successor is domiciled outside the Commonwealth, the duty shall be charged at one-fourth of the rates aforesaid in respect of the succession coming to him or her; (k) Where th successor is not a stranger in blood to the pre- decessor but is other than the wife or husband or lineal issue of the predecessor, .but such successor is domiciled outside the Commonwealth, the rate shall be greater than that specified in the foregoing table for such estate by an addition of seven-eighths of the rate therein specified, but so that such rate shall not exceed thirty per cent. ; (l) Where the successor is a stranger in blood to the predecessor and such successor is domiciled outside the Commonwealth, the duty shall be charged at two and a-half times the rate specified in the foregoing table, but so that such rate shall not exceed thirty per cent." (d) In the last paragraph of the said section, the words" or upon any moneys applied to the payment of the duty on any succession according to any trust for that purpose" are repealed.

TAXATION. ·13193 PART III.- 1930. Finance Act. A)fENDThIENTS OF" THE SUCCESSION AND PROBATE 19 Section fifty of the Principal Act is amended DUT 1 I 8 E 9 S 2 ATCOTS, as follows :- 1920." (a) After the words" within twenty-one days after Amendment the date of such assessment" the words" and on payment of s 50. of duty in conformity therewith" are inserted. (b) The proviso to the said section is repealed and the following provision is inserted in lieu thereof :- "The costs of any such appeal shall be. in the discretion of such court or judge, having regard to the extent to which the Commissioner's assessment exceeds the amount admitted by the appellant before the appeal commenced and the extent to which the Commissioner's assessment is upheld or varied." PARTIV.- AMENDMENTS OF \' 'l'HE PART IV.-AMENDMENTS OF "THE RACECOURSES ACT RACECOURSES ACT OF OF 1923." • 1923." 20. (1.) *" The Racecourses Act of 1923" is in this Construction Part of this Act referred to as the Principal Act. This of Part IV. Part of this Act shall be read as one with such Principal Act. The Principal Act and this Part of this Act may collectively be cited as " The Racecourses Acts, 1923 to 1930." (2.) This Part of this Act shall come into operation Operation of on the date of the passing of this Act. Part. Amendments of the Principal Act. 21. Subsection one of section four of the Principal Amendment Act is repealed, and a new subsection one is inserted in of s. 4. lieu thereof, namely :- " (1.) There shall be charged, levied, collected, Stamp duty and paid, stamp duty for and in respect of every ~ ~ ! ~ ! ~ ing betting ticket issued by or on behalf of a bookmaker, as follows :- Where such ticket is issued in the saddling paddock of any racecourse situated within a radius of twenty miles from the General Post Office, Brisbane, or within a radius of ten miles from the Post Office, Ipswich, Rock- hampton, Toowoomba, or Townsville, or such other place as may be determined by the Governor in Council, one shilling. * 14 Geo. V. No. 23, supra, page 10526.

13194 TAXATION. PARi'IV.- AMENDMENTS OF" THE Finance Act. 21 GEO. V. No. 19, 1930. RACECOURSES - - - - - - - - - - - - - - - - - - - - - - - -_ _ ACT OF 1923." Where such ticket is issued in B.ny other part of any racecourse situat.l3d within a radius of twenty miles from the General Post Office, Brisbane, or within a radius of ten miles from the Post Office, Ipswich, Rockhampton, Toowoomba, or Townsville, or such other place as may be determined by the Governor in Council, or in any part of any racecourse situated elsewhere in Queensland, three pence." 22. The following new section is inserted after section five of the Principal Act, namely;- ! ~ ~ ~ ~ ; er " [5A.] Notwithstanding anything in this Act and collect contained, it shall be lawful for any bookmaker who ~; ~ : ~ ~ euty makes a bet to charge, levy upon, collect from, and be person with paid by the person making the bet with such bookmaker wh~ m heb the stamp duty charged and levied upon and to be m", es a et. collected from and paid by the bookmaker pursuant to the provisions of section four of this Act ; Saving of liability of Provided that nothing in this section shall be bookmaker construed in any wise to affect the duties, liabilities, to pay the and obligations of the bookmaker to pay to the stamp duty. COmml. SS.lOner t he stamp duty charged and I eVI . ed upon and to be collected from and payable by the bookmaker pursuant to the provisions of the said section four of this Act, nor in any wise to affect the provisions and operation of section five of this Act, whether the bookmaker charges, levies upon, collects from, and is paid the stamp duty by the person making the bet with such bookmaker or not; and the provisions of sections four and five of this Act shall extend and apply and have full force and effect to the same extent as if this section had not been passed; and moreover the fact that any person has not paid the stamp duty to the bookmaker shall in no wise relieve the bookmaker from any duty, liability, or obligation to pay to the Commissioner the stamp duty as prescribed. in section four of this Act."