STATUTORY RULES.
1942. No. 128.
REGULATIONS UNDER THE NATIONAL
SECURITY ACT 1939-1940.*
Preamble.
WHEREAS,
due to the acute shortage of man power during the present war, it is a
practical impossibility to make the revaluations of land required to be made
for the purposes of the Land Tax
Assessment Act 1910-1940.
Now therefore I, the
Governor-General in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the National Security Act 1939-1940.
Dated this Thirtteenth
day
of March ,
1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the
Minister of State for Defence Co-ordination.
National Security (Values for Land Tax) Regulations.
Citation.
1. These Regulations may
be cited as the National Security (Values for Land Tax) Regulations.
Administration.
2. These Regulations shall
be administered by the Treasurer.
Object.
3. The object of these
Regulations is to postpone the revaluations of land required to be made for the
purposes of the Land Tax Assessment Act 1910-1940,
owing to the practical impossibility of making such revaluations due to the
acute shortage of man power during the present war.
Interpretation.
4. Expressions used in
these Regulations shall, unless the contrary intention appears, have the same
meaning as those expressions have in the Land
Tax Assessment Act 1910-1940.
Assessments
to be tentative only.
5. All assessments of land
tax to which these Regulations apply shall be tentative only, and subject to
amendment when the value of any area of land or of any interest therein is
varied, in such manner as the Parliament prescribes, in respect of any financial
year.
*
Notified in the Commonwealth Gazette
on ,
1942.
1635.—Price 3d. 25/11.3.1942.
1939
values to apply.
6.—(1.) Where the value of
any area of land or interest therein was assessed under the Land Tax Assessment Act 1910-1937 in
respect of the financial year beginning on the first day of July, 1939, that
value shall, notwithstanding anything contained in section 20 of the Land Tax Assessment Act 1910-1940, be
the value of that area or interest for the purposes of all assessments to which
these Regulations apply.
(2.) Notwithstanding anything
contained in section 44k of the Land Tax Assessment Act 1910-1940, no
right of objection against an assessment to which these Regulations apply shall
exist on the ground that the value assigned to any area of land or interest
therein is excessive if that value is the value of that area or interest
assessed to any taxpayer in respect of the financial year beginning on the
first day of July, 1939.
(3.) Nothing in the last preceding
sub-regulation shall apply to any objection posted to or lodged with the
Commissioner prior to the commencement of these Regulations.
Apportionment
of value where change of ownership.
7. Where the value of any
area of land or interest therein was assessed under the Land Tax Assessment Act 1910-1937 in respect of the financial year
beginning on the first day of July, 1939, and there has been a change of
ownership of any part or parts of that area or interest, that value shall be
apportioned between all the parts of that area or interest owned by different
persons, and the value so apportioned to each part shall, notwithstanding
anything contained in section 20 of the Land
Tax Assessment Act 1910-1940, be the value of each part for the purposes of
all assessments to which these Regulations apply.
Value
where no assessment in 1939.
8. Where the value of any
area of land or interest therein was not assessed under the Land Tax Assessment Act 1910-1937 in
respect of the financial year beginning on the first day of July, 1939, either
separately or as part of some other area or interest, the value of that land as
at the thirtieth day of June, 1939, shall be determined in accordance with the
provisions of the Land Tax Assessment Act
1910-1940, and the value so determined shall, notwithstanding anything
contained in section 20 of that Act, be the value of that area or interest for
the purposes of all assessments to which these Regulations apply.
Returns
need not be furnished in certain cases.
9. Notwithstanding
anything contained in section 15 of the Land
Tax Assessment Act 1910-1940, a taxpayer who has furnished a full and
complete return in respect of land owned by him at midnight on the thirtieth
day of June in any year prior to the year One thousand nine hundred and
forty-two need not, unless required by the Commissioner, furnish a return for
the purposes of that section in respect of the land owned by him on the
thirtieth day of June, 1942, or any subsequent thirtieth day of June on which
these Regulations are in force.
(2.) Notwithstanding anything
contained in the last preceding sub-regulation, where a taxpayer, after the
thirtieth day of June, 1941, has become or ceased to be the owner of any land,
he shall, on or before the next following thirty-first day of July, furnish to
the Commissioner a return setting forth a full and complete statement of that
land,
and of the improved and unimproved value of every parcel thereof, together with
such other particulars as the Commissioner requires.
Application
of Regulations.
10. These Regulations shall
apply to all assessments of land tax issued after the commencement of these
Regulations in respect of the financial year beginning on the first day of
July, 1940, and of each financial year thereafter.
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.