Land Tax (Amendment) Act 1967 (NSW)
LAND TAX (AMENDMENT) ACT.
ANNO SEXTO DECIMO
ELIZABETHS II BEGINS
Act No. 59, 1967.
An Act to alleviate the incidence of land tax in certain respects and to reduce the amount payable by way of land tax; for these purposes to amend the Land Tax Management Act, 1956, and the Land Tax Act, 1956, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 29th November, 1967.]
BE
O E it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as
follows: —
(1) This Act may be cited as the "Land Tax (Amend
ment) Act, 1967".
(2) This Act shall be deemed to have commenced upon the first day of November, one thousand nine hundred and sixty-seven.
(3) The Land Tax Management Act, 1956, as amended by subsequent Acts and by this Act, may be cited as the Land Tax Management Act, 1956-1967.
(4) The Land Tax Act, 1956, as amended by sub sequent Acts and by this Act, may be cited as the Land Tax Act, 1956-1967.
2. (1) The Land Tax Management Act, 1956-1965, is amended by omitting subsections two, three, four, five and six of section nine and by inserting in lieu thereof the following subsections :—
(2) The taxable value of all the land owned by a
person is the total sum of the unimproved value of eachparcel of the land, less the deduction, if any, prescribed
by subsection three of this section. (3) (a) Where all the land owned by a person is land used for primary production the deduction shall be—
(i) where the total unimproved value of the land does not exceed thirty-four thousand five hundred dollars, an amount equal to such total unimproved value;
(ii)
(ii) where the total unimproved value of the land exceeds thirty-four thousand five hundred dollars but is less than forty-six thousand dollars, an amount equal to thirty-four thousand five hundred dollars less three dollars for every one dollar by which such total unimproved value exceeds thirty-four thousand five hundred dollars.
(b) Where none of the land owned by a person is land used for primary production the deduction shall be—
(i) where the total unimproved value of the land does not exceed seventeen thousand two hundred and fifty dollars, an amount equal to such total unimproved value;
(ii) where the total unimproved value of the land exceeds seventeen thousand two hundred and fifty dollars but is less than twenty-three thousand dollars, an amount equal to seventeen thousand two hundred and fifty dollars less three dollars for every one dollar by which such total unimproved value exceeds seventeen thousand two hundred and fifty dollars.
(c) Where part only of the land owned by a person is land used for primary production, the deduction shall be—•
(i) where the total unimproved value of all land owned by him does not exceed seventeen thou
sand two hundred and fifty dollars, an amount equal to such total unimproved value; (ii) where the total unimproved value of all land owned by him exceeds seventeen thousand two hundred and fifty dollars but is less than forty-six thousand dollars, the sum of the following amounts :—
(a)
an amount which bears the same pro portion to the deduction which would be applicable if all the land owned by him
were
were land used for primary production as the unimproved value of that part of the land used for primary production bears to the total unimproved value of all the land owned by him; and
(b) an amount which bears the same pro portion to the deduction which would be applicable if none of the land owned by him were land used for primary produc tion as the unimproved value of such part of the land as is not land used for primary production bears to the total unimproved value of all the land owned by him.
(d) Where land owned by a person is used, either wholly or in part, by that person, either by himself or jointly (whether as partners or otherwise) with other persons, for the purpose of maintaining a registered flock of stud merino sheep, the deduction shall be the deduction (if any) prescribed by paragraph (a) or (c) of this subsection and an amount calculated at the rate of eighteen dollars for every stud merino ewe owned by that person.
For the purposes of this paragraph—
(i) "registered" means registered in the New South Wales section of the Australian Stud Merino Flock Register compiled by the New South Wales Sheepbreeders' Association;
(ii) the number of stud merino ewes owned by a
person shall be the total number of sheep classi
fied as ewes and shown in the New South Walessection of the Australian Stud Merino Flock Register as being owned by that person as at the thirty-first day of December immediately preced ing the year for which land tax is being levied;
(iii) where a registered flock of stud merino sheep, as defined in this paragraph, is owned by a number of persons jointly (whether as partners
or
or otherwise) each of those persons shall be deemed to own such a number of the total stud merino ewes shown as aforesaid in such flock as is proportionate to his interest in the joint ownership.
(2) The amendment made by subsection one of this section shall not affect the liability of an owner of land to pay land tax incurred before the commencement of this Act in accordance with the provisions of the Land Tax Management Act, 1956-1965, and the Land Tax Act, 1956-1965, and such owner shall be liable to pay any such tax in all respects as if this Act had not been enacted.
(3) (a) The Land Tax Management (Amendment) Act, 1961, is hereby repealed.
(b) The Land Tax Management (Amendment)
Act, 1964, is hereby repealed.
(c) The Land Tax Management (Amendment) Act, 1960, is amended by omitting paragraph (a) of subsec tion one of section two.
(d) The Land Tax (Amendment) Act, 1963, is
amended by omitting paragraph (a) of section two.
(e) The regulation made under the Decimal Currency Act, 1965, and published in Gazette No. 120 of 4th November, 1966, at pages 4516, 4517 and 4518, is hereby repealed.
The Land Tax Act, 1956-1965, is amended—
(a)
(i)
by inserting in subsection (1A) of section three after the word "assessed" the words "under subsection one of this section";
(ii)
by inserting at the end of the same subsection the following new paragraph :—
"Owner" in this subsection does not include an owner entitled to a deduction under subsec tion (1B) of this section.
(b) by inserting next after the same subsection the following new subsection :— (1B) Notwithstanding the provisions of this or any other Act, the amount of land tax payable on land used for primary production by any owner in respect of the period of twelve months commencing on the first day of November in the year one thousand nine hundred and sixty-seven or any succeeding year shall be the amount which but for the provisions of this subsection would otherwise be assessed under subsection one of this section less—
(a)
where all land owned by the owner is land used for primary production—a deduction equal to three-twentieths of such amount;
(b)
where part only of the land owned by the owner is land used for primary production—
following amounts—
a deduction equal to the sum of the
(i)
an amount which bears the same proportion to the deduction which would be applicable under para graph (a) of this subsection if all the lands owned by the owner were used for primary production as the taxable value of that part of the land
used
used for primary production bears to the total taxable value of all the lands owned by him; and
(ii) an amount which bears the same proportion to the deduction which would be applicable under subsec tion (1A) of this section if none of the lands owned by the owner were used for primary production as the taxable value of such part of the lands as is not land used for primary production bears to the total taxable value of all the lands owned by him.
This subsection does not apply to—
(a) land owned by a company;
(b)
land owned by or on behalf of a company of which a mortgagee or person by way of security for money is in possession;
(c)
land held by a trustee for or on behalf of a company; or
(d)
land in respect of which a company is jointly assessed with any other person.
In this subsection "company" means a company
not being—
(i) a trustee company acting in its represen tative capacity and being a trustee company as defined by the Trustee Companies Act,
1964, as amended by subsequent Acts; or (ii) an exempt proprietary company as defined by the Companies Act, 1961, as amended by subsequent Acts.
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