Jobs Package (Miscellaneous Amendments) Act 2013 (TAS)

Jobs Package (Miscellaneous Amendments) Act 2013

An Act to amend the Employment Incentive Scheme (Payroll Tax Rebate) Act 2009 and the First Home Owner Grant Act 2000

[Royal Assent 13 May 2013]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Jobs Package (Miscellaneous Amendments) Act 2013 . 2Commencement (1)  Part 1 and Part 2 are taken to have commenced on 10 December 2012. (2)  Part 3 is taken to have commenced on 1 January 2013. 3Repeal of ActThis Act is repealed on the three hundred and sixty fifth day from the day on which it receives the Royal Assent. PART 2Employment Incentive Scheme (Payroll Tax Rebate) Act 2009 Amended4Principal ActIn this Part, the Employment Incentive Scheme (Payroll Tax Rebate) Act 2009 is referred to as the Principal Act. 5Section 4 amended (Establishment of scheme) Section 4 of the Principal Act is amended by inserting after subsection (4) the following subsections: (5)  The Crown is to establish a scheme for the payment of rebates equivalent to the payroll tax paid on new employment created between 10 December 2012 and 30 June 2014. (6)  Rebates under the scheme referred to in subsection (5) may be paid in respect of wages paid before 1 July 2015. 6Section 7 amended (Repeal of Act) Section 7 of the Principal Act is amended by omitting "1 January 2017" and substituting "1 January 2019". 7Section 10 amended (Claim for rebate) Section 10 of the Principal Act is amended by inserting after subsection (7A) the following subsection: (7B)  A claim under a scheme established under section 4(5) may not be made after 31 December 2015. PART 3First Home Owner Grant Act 2000 Amended8Principal ActIn this Part, the First Home Owner Grant Act 2000 is referred to as the Principal Act. 9Section 18 substituted Section 18 of the Principal Act is repealed and the following sections are substituted: 18Amount of grant (1)  The amount of a first home owner grant is the lesser of the following: (a) the consideration for the eligible transaction; (b) the amount specified in subsection (2) .

Note: Where the consideration is zero, a grant is not payable.

(2)  For subsection (1)(b)  – (a) if the first home owner grant relates to an eligible transaction that satisfies section 18A , the amount is $15 000; or (b) if the first home owner grant relates to an eligible transaction that does not satisfy section 18A , the amount is $7 000. 18AConditions on increase of grant (1)  In this section – commencement of building means the completion of the laying of the foundations for the building; contract for an off-the-plan purchase, in relation to a new home, means a contract for both – (a) the purchase of land, or an interest in land; and (b) the construction of a new home on that land; new home means – (a) a home that has not previously been occupied or sold as a place of residence; or (b) a home that – (i) under section 40-75(1)(b) of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth, would be considered new residential premises due to substantial renovations; and (ii) has not been occupied or sold as a place of residence since those substantial renovations were completed. (2)  An eligible transaction satisfies this section if – (a) the commencement date of the eligible transaction is on or after 1 January 2013 but before 1 July 2014; and (b) where the eligible transaction is – (i) a comprehensive home building contract for a new home – (A) the commencement of building under the comprehensive home building contract occurs within 26 weeks of the date of the contract; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building under the comprehensive home building contract; or (ii) the building of a new home by an owner builder – (A) the commencement of building occurs on or after 1 January 2013 but before 30 June 2014; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building; or (iii) a contract for an off-the-plan purchase of a new home – (A) the commencement of building occurs on or after 1 January 2013 but before 30 June 2014; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building; or (iv) a contract for the purchase of a new home, the eligible transaction is completed in accordance with section 13(5) . (3)  Despite subsection (2) , an eligible transaction does not satisfy this section if the Commissioner considers that the eligible transaction replaces a transaction, entered into before 1 January 2013, for the same property between substantially, or that benefits substantially, the same parties. (4)  For the avoidance of doubt, a payment under this Act of $15 000 that – (a) was made in anticipation of Part 3 of the Jobs Package (Miscellaneous Amendments) Act 2013 receiving the Royal Assent; and (b) was made after 1 January 2013 but before Part 3 of the Jobs Package (Miscellaneous Amendments) Act 2013 received the Royal Assent – is taken to be a first home owner grant payment for the purposes of this Act.

[Second reading presentation speech made in:

House of Assembly on 19 MARCH 2013

Legislative Council on 17 APRIL 2013]