Land Tax (Adjustment) Act and Another Act Amendment Act 1988 (Qld)

1482 ANNO TRICESIMO SEPTIMO ELIZA B ET HAE SECU ND AE EGINAE T 1 ® a® 1 0 2 vi ^^t,m.s An Act to amend the Land Tax (Adjustm ent) Act 1984-1988 in certain particulars and the Land Tax Act1915-1988 in a certain particular ASSENTED TO 8TH DECEMBER, 1988]

Land Tax (Adjustment) Act and Another Act Amendment Act 1988, No. 102 1483 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short Title. This Act may be cited as the Land Tax (Adjustment) Act and Another Act Amendment Act 1988. 2. Commencement. (1) Sections 5 and 6 shall be deemed to have commenced on 29 June 1988 and shall have retrospective effect accordingly. (2) Except as provided by subsection (1), this Act shall commence on the day it is assented to for and on behalf of Her Majesty. PART II-AMENDMENT OF LAND TAX (ADJUSTMENT) ACT 3. Principal Act and citation as amended . (1) In this Part the LandTax (Adjustment) Act 1984-1988, being the Land Tax (Adjustment) Act1984-1985 as amended by the Land Tax Act and Another Act AmendmentAct 1988, is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Land Tax (Adjustment) Act 1984-1988. 4. Amendment of s. 3 . Interpretation. Section 3 of the Principal Act is amended by omitting from subsection ( 1) the definition " former unimproved value" and substituting the following definition:- "former unimproved value", in relation to any land , means- (a) where the land existed as a separate parcel of land at midnight on 30 June next preceding the relevant date- the valuation of that land made by the Valuer-General that was its unimproved value at midnight on that 30 June for the purposes of The Land Tax Act of 1915 as amended and in force for the time being; (b) where the land did not exist as a separate parcel of land at midnight on 30 June next preceding the relevant date and the Valuer - General has, prior to 1 July 1988, determined what the unimproved value of the land would have been at midnight on that 30 June for the purposes of The Land Tax Act of 1915 as amended and in force for the time being if the land had existed then as a separate parcel of land - the unimproved value as so determined; (c) where the land did not exist as a separate parcel of land at midnight on 30 June next preceding the relevant date and paragraph ( b) is not applicable-the amount calculated pursuant to section 5 (4);".

1484 Land Tax (Adjustment) Act and Another Act Amendment Act 1988, No. 102 5. Amendment of s. 4A. Unimproved value of land where annual valuation has force and effect as at 30 June 1987. Section 4A of the Principal Act is amended by- (a) in the proviso second occurring- (i) inserting after the words "pursuant to" the words "the foregoing provisions of"; (ii) omitting the words "valuation." and substituting the words "valuation:"; (b) adding at the end of the section the following proviso:- "Provided further that where the unimproved value of the land as determined pursuant to the abovementioned formula is less than the unimproved value of the land as determined pursuant to section 4 (1) and the next preceding proviso is not applicable, then the unimproved value of the land for the purpose of this section shall be that which it has pursuant to section 4 (1) or to an annual valuation having force and effect in the Area at the relevant 30 June, whichever is the less.". 6. Amendment of s. 4u . Unimproved value of land where general valuation proclaimed in force on 30 June 1987 or subsequent thereto. Section 4B of the Principal Act is amended by- (a) in the proviso, omitting the words "valuation." and substituting the words "valuation:"; (b) adding at the end of the section the following proviso:- "Provided further that where the unimproved value of the land as determined pursuant to paragraph (b) is less than the unimproved value of the land as determined pursuant to section 4 (1) and the next preceding proviso is not applicable, then the unimproved value of the land for the purpose of this section shall be that which it has pursuant to section 4 (1) or to an annual valuation having force and effect in the Area at the relevant 30 June, whichever is the less.". 7. New s. 4c. The Principal Act is amended by inserting after section 4B the following section:- "4c. Annual value to be unimproved value for purposes of sections 4A and 4B in certain cases . (1) Where pursuant to a proviso in section 4A the unimproved value of any land as at a 30 June is that which it has pursuant to an annual valuation having force and effect in the Area in which the land is situated, then, notwithstanding anything contained in that section, the unimproved value of the land for the purposes of that section at each subsequent 30 June shall be deemed to be that which it has pursuant to an annual valuation having force and effect in the Area as at that subsequent 30 June. (2) Where pursuant to a proviso in section 4B the unimproved value of any land as at a 30 June is that which it has pursuant

Land Tax (Adjustment) Act and Another Act Amendment Act 1988, No. 102 1485 to an annual valuation having force and effect in the Area in which the land is situated, then, notwithstanding paragraph (b) of that section, the unimproved value of the land for the purposes of that paragraph at each subsequent 30 June shall be that which it has pursuant to an annual valuation having force and effect in the Area as at that subsequent 30 June.". 8. Repeal of and new s. 5. Former unimproved value . The Principal Act is amended by repealing section 5 and substituting the following section:- "5. Calculation of values in certain cases . (1) In this section- "present parcel" means a parcel of land that is taxable as such under the Land Tax Act 1915-1988; "the Area" means the Area in which the present parcel is situated. (2) Where, by reason of subdivision, sale, conveyance, transfer, partition, amalgamation or other like cause, the unimproved value of a present parcel has not been determined pursuant to the annual valuation having force and effect on 30 June 1987 in the Area, it shall be deemed, for the purpose of applying the formula in section 4A to that present parcel, that its unimproved value as at that date pursuant to the annual valuation having force and effect in the Area at that date is the amount calculated in accordance with the formula- K J = - xM L where- J is the amount that is deemed, pursuant to this subsection, to be the unimproved value of the present parcel as at 30 June 1987 pursuant to the annual valuation having force and effect at that date in the Area; K is the amount shown in an Annual Report of the Department of the Valuer-General as the value, as at 30 June 1987, of rateable land in the Area; L is the amount shown in an Annual Report of the Department of the Valuer-General as the value, as at the 30 June at which the taxable value of the present parcel is first required to be calculated for the purposes of the Land Tax Act 1915-1988, of rateable land in the Area; M is the unimproved value of the present parcel pursuant to the annual valuation having force and effect, as at the 30 June at which the taxable value of the present parcel is first required to be calculated for the purposes of the Land Tax Act 1915-1988. (3) Where, by reason of subdivision, sale, conveyance, transfer, partition, amalgamation or other like cause, there is not a fresh unimproved value of a present parcel, the fresh unimproved

1486 Land Tax (Adjustment) Act and Another Act Amendment Act 1988, No. 102 value of the present parcel shall be the amount calculated in accordance with the formula- 0 N= - xQ P where- N is the fresh unimproved value of the present parcel pursuant to this subsection; 0 is the amount shown in an Annual Report of the Department of the Valuer-General as the value, as at the 30 June at which the general valuation last proclaimed in force in respect of the Area was proclaimed in force, of rateable land in the Area; P is the amount shown in an Annual Report of the Department of the Valuer-General as the value, as at the 30 June at which the taxable value of the present parcel is first required to be calculated for the purposes of the Land Tax Act 1915-1988, of rateable land in the Area; Q is the unimproved value of the present parcel pursuant to the annual valuation having force and effect in the Area as at the 30 June at which the taxable value of the present parcel is first required to be calculated for the purposes of the Land Tax Act 1915-1988. (4) Where by reason of subdivision, sale, conveyance, transfer, partition, amalgamation or other like cause, there is not a former unimproved value of a present parcel, the former unimproved value of the present parcel shall be the amount calculated in accordance with the formula- S R=-XU T where- R is the former unimproved value of the present parcel pursuant to this subsection; S is the amount shown in an Annual Report of the Department of the Valuer-General as the value, as at the 30 June at which the general valuation in respect of the Area that next precedes the general valuation last proclaimed in force in respect of the Area was proclaimed in force, of rateable land in the Area; T is the amount shown in an Annual Report of the Department of the Valuer-General as the value, as at the 30 June at which the general valuation last proclaimed in force in respect of the Area was proclaimed in force, of rateable land in the Area; U is the fresh unimproved value of the present parcel.

Land Tax (Adjustment) Act and Another Act Amendment Act 1988, No. 102 1487 (5) Where a formula referred to in subsection (2), (3) or (4) cannot be applied by reason that the value of rateable land in an Area as at a particular 30 June is not shown in an Annual Report of the Department of the Valuer-General, the formula shall be construed as providing that the value of rateable land in the Area at that date is the amount ascertained by the Valuer- General from his records and notified by him in writing to the Commissioner of Land Tax. (6) The foregoing provisions of this section apply, where it is relevant for them to do so, to and in respect of a present parcel for the purpose of levying land tax in and for the financial year commencing 1 July 1988 and each succeeding financial year.". PART III-AMENDMENT OF LAND TAX ACT 9. Principal Act and citation as amended. (1) In this Part the LandTax Act 1915-1988, being the Land Tax Act 1915-1985 as amended by the Land Tax Act and Another Act Amendment Act 1988, is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Land Tax Act 1915-1988. 10. Amendment of s. 27. Appeal. Section 27 of the Principal Act is amended in subsection (1) by, in the proviso, inserting after the expression "1944" the words "or calculated pursuant to the Land Tax(Adjustment) Act 1984