Pay-roll Tax (Territories) Assessment Amendment Act 1978 (Cth)

PAY-ROLL TAX (TERRITORIES) ASSESSMENT AMENDMENT ACT 1978

No. 55 of 1978

An Act to amend the Pay-roll Tax (Territories) Assessment Act 1971.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Pay-roll Tax (Territories) Assessment Amendment Act 1978.

(2) The Pay-roll Tax (Territories) Assessment Act 1971 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

General exemption

3. (1) Section 12 of the Principal Act is amended by omitting from sub-sections (3), (4) and (7) “$4,000” and substituting “$5,000”.

(2) The amendments of section 12 of the Principal Act made by sub-section (1) apply in relation to a return or assessment in respect of a month or other period that commences on or after 1 July 1978.

Refund or rebate of tax on annual adjustment

4. Section 14 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (4a) “and” (last occurring);

(b) by omitting from paragraph (b) of sub-section (4a) “in respect of a financial year subsequent to the financial year that commenced on 1 July 1976” and substituting “in respect of the financial year that commenced on 1 July 1977”;

(c) by adding at the end of sub-section (4a) the following word and paragraph:

“and (c) in respect of a financial year subsequent to the financial year that commenced on 1 July 1977—the amount ascertained by deducting from $60,000 an amount of $2 for each amount of $3 included in the amount by which the amount of the total wages paid by the employer in respect of the financial year exceeds $60,000.”;

(d) by omitting from paragraph (a) of sub-section (4b) “and” (last occurring);

(e) by omitting from paragraph (b) of sub-section (4b) “in respect of a financial year subsequent to the financial year that commenced on 1 July 1976” and substituting “in respect of the financial year that commenced on 1 July 1977”; and

(f) by adding at the end of sub-section (4b) the following word and paragraph:

“and (c) in respect of a financial year subsequent to the financial year that commenced on 1 July 1977—the amount that would be the prescribed amount referred to in sub-section (4a) in respect of the financial year if the employer had been an employer in Australia during the whole of the financial year and if each reference in paragraph (c) of subsection (4a) to $60,000 were a reference to the amount that bears to $60,000 the same proportion as the part of the year during which the employer was an employer in Australia bears to the whole of that financial year.”.

Registration

5. (1) Section 16 of the Principal Act is amended by omitting from sub-section (1) “$900 “ and substituting “$1,150”.

(2) The amendment of section 16 of the Principal Act made by sub-section (1) applies in relation to the month commencing on 1 July 1978 and to each subsequent month.

Release of employers in cases of hardship

6. (1) Section 69 of the Principal Act is amended by omitting from sub-section (1) “Department of the Treasury” and substituting “Department of Finance”.

(2) The amendment of section 69 of the Principal Act made by sub-section (1) does not affect the jurisdiction of a Board constituted under that section in relation to any application made under that section the consideration of which had commenced before the commencement of this section.