Revenue and Other Legislation Amendment Act 2010 (Qld)
Case
No judgment structure available for this case.
Queensland Revenue and Other Legislation Amendment Act 2010 Act No. 11 of 2010
Queensland Revenue and Other Legislation Amendment Act 2010 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 Part 3 9 10 11 12 13 14 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of Community Ambulance Cover Act 2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . 10 Replacement of s 48 (Commonwealth exemption). . . . . . . . . . . . 10 48 Commonwealth exemption . . . . . . . . . . . . . . . . . . . . . 11 Replacement of s 60 (Commonwealth exemption). . . . . . . . . . . . 11 60 Commonwealth exemption . . . . . . . . . . . . . . . . . . . . . 11 Amendment of s 103 (Payment to commissioner of received levy amounts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Insertion of new pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 14 Transitional provisions for Revenue and Other Legislation Amendment Act 2010 164 Exemption under s 48(b) . . . . . . . . . . . . . . . . . . . . . . 12 165 Exemption under s 60(b) . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Duties Act 2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 52 (Contracted property) . . . . . . . . . . . . . . . . . . 13 Amendment of s 63 (What is the value of a trust acquisition or trust surrender). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 73 (What is a funds manager). . . . . . . . . . . . . . 14 Amendment of s 85 (Purpose of pt 9) . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 86 (What is a home and a first home) . . . . . . . . 15 Amendment of s 86B (What is a first home for a residence to be constructed on vacant land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Revenue and Other Legislation Amendment Act 2010 Contents 16 Amendment of s 86D (What is a vacant land concession beneficiary) ................................... 17 Amendment of s 89 (What is a person’s transfer date for residential land or vacant land). . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Replacement of s 90 (What is the dutiable value of residential land or vacant land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 What is the dutiable value of residential land or vacant land .......................... 19 Amendment of s 91 (Concession—home) . . . . . . . . . . . . . . . . . . 20 Amendment of s 92 (Concession—first home). . . . . . . . . . . . . . . 21 Amendment of s 93 (Concession—mixed and multiple claims for individuals—residential land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Amendment of s 93A (Concession—mixed and multiple claims for individuals—vacant land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Amendment of s 94 (Concession—mixed and multiple claims for trustees—residential land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Amendment of s 94A (Concession—mixed and multiple claims for trustees—vacant land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Amendment of s 117 (Exemption—change of trustee) . . . . . . . . 26 Insertion of new s 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Exemption—restructure of stapled entities. . . . . . . . . 27 Amendment of s 130 (Exemption—other transfers of scheme property of registered managed investment scheme) . . . . . . . . . 28 Replacement of s 143 (Exemption—change of tenure) . . . . . . . . 143 Exemption—change of tenure . . . . . . . . . . . . . . . . . . 29 Amendment of s 151 (Exemption—particular residences) . . . . . . 30 Amendment of s 153 (Reassessment—disposal after occupation date for residence) . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Amendment of s 154 (Reassessment—noncompliance with occupancy requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Amendment of s 155 (When transferees must give notice for reassessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Insertion of new ch 2, pt 14, div 3. . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Other reassessment 156A Reassessment of duty for cancelled transfer of dutiable property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Amendment of s 166 (What is a subsidiary of a corporation) . . . 35 Insertion of new s 193A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193A Exemption—restructure of stapled entities. . . . . . . . . 16 16 17 17 17 18 18 20 22 22 23 23 24 25 26 26 27 27 28 29 30 30 31 32 32 Page 2 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Contents 36 Amendment of s 197 (When commissioner must make reassessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 37 Amendment of s 198 (Registration of charge over land for unpaid land rich duty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 38 Omission of s 199 (Release of charge) . . . . . . . . . . . . . . . . . . . . 35 39 Amendment of s 213 (Contracted property) . . . . . . . . . . . . . . . . . 35 40 Amendment of s 222 (What is the dutiable value of a relevant acquisition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 41 Amendment of s 353 (What is a premium). . . . . . . . . . . . . . . . . . 36 42 Replacement of s 354 (Who is a general insurer) . . . . . . . . . . . . 37 354 Who is a general insurer . . . . . . . . . . . . . . . . . . . . . . 37 43 Replacement of s 355 (Who is a life insurer) . . . . . . . . . . . . . . . . 37 355 Who is a life insurer . . . . . . . . . . . . . . . . . . . . . . . . . . 37 44 Amendment of s 357 (Who is liable to pay insurance duty) . . . . . 37 45 Amendment of s 360 (When insurance duty is payable—life insurance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 46 Replacement of ch 8, pt 5, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 38 47 Amendment of s 369 (General and life insurers to be registered) 38 48 Amendment of s 370 (Lodging returns and payment of insurance duty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 49 Replacement of s 371 (Application of pt 6) . . . . . . . . . . . . . . . . . 39 371 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 50 Amendment of s 372 (Lodging statement and payment of insurance duty). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 51 Amendment of s 407 (Group property for intra-group transfer of property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 52 Amendment of s 416 (Start of use requirement) . . . . . . . . . . . . . 41 53 Amendment of s 419 (Reassessment—noncompliance with use requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 54 Amendment of s 427 (Exemption—particular instruments and transactions under AssociationsIncorporationAct) . . . . . . . . . . . 42 55 Amendment of s 437 (Application for registration to carry on particular businesses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 56 Amendment of s 445 (Notice of registration) . . . . . . . . . . . . . . . . 43 57 Amendment of s 452 (Notice of registration) . . . . . . . . . . . . . . . . 43 58 Amendment of s 455 (Lodging returns) . . . . . . . . . . . . . . . . . . . . 44 59 Amendment of s 455A (Lodging transaction statements) . . . . . . 44 60 Amendment of s 465 (Grounds for suspension or cancellation). . 45 61 Insertion of new s 469A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 2010 Act No. 11 Page 3
Revenue and Other Legislation Amendment Act 2010 Contents 62 63 64 65 66 67 Part 4 68 69 70 71 72 73 469A Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 470 (Cancellation of registration—ceasing to carry on business) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 481 (Offence to endorse instrument unless self assessor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481 Offence for person other than self assessor to endorse instrument. . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 506A (Refunding stamp duty) . . . . . . . . . . . . . . Insertion of new ch 17, pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 13 Transitional provisions for Revenue and Other Legislation Amendment Act 2010 614 References to an acquisition mentioned in s 85(b) . . 615 Exemption under s 117. . . . . . . . . . . . . . . . . . . . . . . . 616 Exemption under s 151. . . . . . . . . . . . . . . . . . . . . . . . 617 Charge mentioned in s 198 . . . . . . . . . . . . . . . . . . . . 618 Registered general insurers and registered life insurers ............................... 619 Date of effect of particular provisions . . . . . . . . . . . . . 620 Start of use requirement under s 416. . . . . . . . . . . . . Amendment of sch 3 (Rates of duty on dutiable transactions and relevant acquisitions for land rich and corporate trustee duty) . . . Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of First Home Owner Grant Act 2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Meaning of eligible transaction) . . . . . . . . . . Amendment of s 49 (Registering charge over land) . . . . . . . . . . . Insertion of new ss 49A–49D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49A Collection of amounts from a garnishee. . . . . . . . . . . 49B Duration of garnishee notice . . . . . . . . . . . . . . . . . . . 49C Effect of discharge of debt on garnishee notice . . . . . 49D Effect of payment by garnishee . . . . . . . . . . . . . . . . . Amendment of s 68 (Offence to disclose confidential information) ................................ Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 9 Transitional provisions for Revenue and Other Legislation Amendment Act 2010 75 Definition for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Continuing operation of pre-amended s 5 . . . . . . . . . 46 47 48 49 49 49 49 50 50 50 50 50 51 51 51 52 53 53 53 53 55 55 55 56 56 56 56 Page 4 2010 Act No. 11
74 Part 5 75 76 77 78 Part 6 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Revenue and Other Legislation Amendment Act 2010 Contents 77 Charge mentioned in s 49 . . . . . . . . . . . . . . . . . . . . . Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of GST and Related Matters Act 2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 2 (Intergovernmental agreement) . . . . . . . . . . . . . Omission of sch (Intergovernmental agreement on the reform of Commonwealth-State financial relations) . . . . . . . . . . . . . . . . . . . Amendment of Infrastructure Investment (AssetRestructuringandDisposal)Act2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Declared projects). . . . . . . . . . . . . . . . . . . . . Amendment of s 6 (Declared entities) . . . . . . . . . . . . . . . . . . . . . Amendment of s 8 (Associated activities) . . . . . . . . . . . . . . . . . . Amendment of s 9 (Transfer notice) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10 (Limitation on power to second employees of a declared entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10A Workforce transition code of practice . . . . . . . . . . . . . Amendment of s 11 (Project direction) . . . . . . . . . . . . . . . . . . . . . Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11A Change of status or ownership. . . . . . . . . . . . . . . . . . Replacement of s 15 (Non-application of PropertyLawAct1974, s 121) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Non-application of Property Law Act 1974, s 121 and pt 8, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15A Particular lease provisions about fixtures have force of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15B Other lease provisions also have force of law . . . . . . Insertion of new s 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17A Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 21 (Disclosure and use of information for a declared project). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 24 (Preservation of rights of seconded employees) ..................................... Amendment of s 25 (Preservation of rights of transferred employees) ..................................... Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 57 57 57 57 58 58 58 58 59 59 59 61 61 61 62 62 63 63 64 64 65 66 66 67 67 67 68 2010 Act No. 11 Page 5
Revenue and Other Legislation Amendment Act 2010 Contents Part 7 94 95 Part 8 96 97 98 99 100 101 102 Part 9 103 104 105 Page 6 Amendment of Land Tax Act 1915 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 37 (Tax to be a first charge on land) . . . . . . . . . Amendment of Payroll Tax Act 1971 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 3 (Meaning of superannuation contribution) . . . Replacement of s 9 (Wages liable to payroll tax) . . . . . . . . . . . . . Subdivision 1 Wages liable to payroll tax 8A Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Wages liable to payroll tax—nexus with Queensland. 9A State in which employee is based . . . . . . . . . . . . . . . 9B State in which employer is based . . . . . . . . . . . . . . . . 9C Place and day of payment of wages. . . . . . . . . . . . . . Amendment of s 13W (Place where wages are paid or payable). Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15A Exemption for services performed or rendered entirely in another country . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 9 Transitional provisions for Revenue and OtherLegislationAmendmentAct2010 Division 1 Interpretation 135 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Application of amended Act and Administration Act 136 Application of amended Act . . . . . . . . . . . . . . . . . . . . 137 Exemption of penalty under s 90 . . . . . . . . . . . . . . . . 138 Remission of unpaid tax interest and penalty tax under the Administration Act . . . . . . . . . . . . . . . . . . . 139 Exemption for offences . . . . . . . . . . . . . . . . . . . . . . . . 140 Reassessment—final return included excluded wages .............................. Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of StateFinancialInstitutionsandMetwayMergerFacilitationAct1996 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 64 (Metway group companies’ articles to include certain provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 71 (Obligation for existing insurance liabilities) . 68 68 69 69 69 69 69 72 73 74 75 75 75 76 76 77 77 77 77 78 79 80 80 80 2010 Act No. 11
Part 10 106 107 108 Part 11 109 110 111 112 113 Part 12 114 115 116 117 118 Revenue and Other Legislation Amendment Act 2010 Contents Amendment of Superannuation (State Public Sector) Act1990 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 13A (Continuation of eligibility for membership after transfer of employment). . . . . . . . . . . . . . . . . . Amendment of s 13AA (Continuation of eligibility for membership after employer ceases to be unit of State public sector) ......................................... Amendment of TaxationAdministrationAct2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 39 (General provision about refunds) . . . . . . . . Insertion of new pt 4, div 5, sdiv 1A . . . . . . . . . . . . . . . . . . . . . . . Subdivision 1A Registration and release of charges 47A Definition for sdiv 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 47B Registration of charge over land. . . . . . . . . . . . . . . . . 47C Release of charge over land. . . . . . . . . . . . . . . . . . . . 47D Recovery of fees paid by commissioner. . . . . . . . . . . Amendment of s 54 (Unpaid tax interest). . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Trans-TasmanMutualRecognition(Queensland) Act 2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . Amendment of s 7 (Endorsing proposed regulations under the Commonwealth Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 15 (Authorisation to make gazette notice) . . . . . . . Omission of schedule (Authorised gazette notice) . . . . . . . . . . . . 81 81 82 83 83 84 84 84 84 85 85 86 87 87 87 87 88 2010 Act No. 11 Page 7
Queensland Revenue and Other Legislation Amendment Act 2010 Act No. 11 of 2010 An Act to amend the Community Ambulance Cover Act 2003, the Duties Act2001, the First Home Owner Grant Act 2000, the GST and Related MattersAct 2000, the Infrastructure Investment (Asset Restructuring and Disposal)Act 2009, the Land Tax Act 1915, the Pay-roll Tax Act 1971, the StateFinancial Institutions and Metway Merger Facilitation Act 1996, the Superannuation (State Public Sector) Act 1990, the Taxation AdministrationAct 2001 and the Trans-Tasman Mutual Recognition (Queensland) Act 2003 for particular purposes [Assented to 26 March 2010]
Revenue and Other Legislation Amendment Act 2010 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Revenue and Other Legislation Amendment Act 2010 . 2 Commencement (1) Section 69 and section 73, other than to the extent it inserts new section 77, commence on 31 March 2010. (2) Part 9 commences on a day to be fixed by proclamation. Part 2 Amendment of Community Ambulance Cover Act 2003 3 Act amended This part amends the Community Ambulance Cover Act 2003. 4 Omission of s 2 (Commencement) Section 2— omit . 5 Replacement of s 48 (Commonwealth exemption) Section 48— omit, insert— Page 10 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 2 Amendment of Community Ambulance Cover Act 2003 [s 6] ‘48 Commonwealth exemption ‘A power card arrangement is an exempt power card arrangement if— (a) the owner for the arrangement is the Commonwealth; or (b) the power card premises for the arrangement are used by the Commonwealth. Note — In relation to paragraph (b), see also section 164.’. 6 Replacement of s 60 (Commonwealth exemption) Section 60— omit, insert— ‘60 Commonwealth exemption ‘An on-supply arrangement is an exempt on-supply arrangement if— (a) the on-supplier for the arrangement is the Commonwealth; or (b) the separate area for the arrangement is used by the Commonwealth. Note — In relation to paragraph (b), see also section 165.’. 7 Amendment of s 103 (Payment to commissioner of received levy amounts) (1) Section 103(3)— omit, insert— ‘(3) Despite subsections (1) and (2)— (a) if the electricity retailer is authorised under division 8 to pay a refund, the electricity retailer may pay the refund out of levy amounts collected; and 2010 Act No. 11 Page 11
Revenue and Other Legislation Amendment Act 2010 Part 2 Amendment of Community Ambulance Cover Act 2003 [s 8] (b) the electricity retailer may set-off, from the amount payable to the commissioner— (i) if a cheque was used to pay a levy amount and the cheque was later dishonoured—the amount of the dishonoured cheque that relates to the levy amount paid; or (ii) if a credit card was used to pay a levy amount and the credit card transaction was later reversed—the amount of the reversed transaction that relates to the levy amount paid.’. (2) Section 103(5)— omit, insert— ‘(5) The return must include information about any amount that has not been included in the payment because— (a) it has been used to pay a refund; or (b) it has been set-off under subsection (3)(b).’. 8 Insertion of new pt 14 After section 163— insert— ‘Part 14 Transitional provisions for Revenue and Other Legislation Amendment Act 2010 ‘164 Exemption under s 48(b) ‘Section 48(b) as in force on the commencement of this section is taken to have had effect on and from 1 July 2003. ‘165 Exemption under s 60(b) ‘Section 60(b) as in force on the commencement of this section is taken to have had effect on and from 1 July 2003.’. Page 12 2010 Act No. 11
Part 3 Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 9] Amendment of Duties Act 2001 9 Act amended This part amends the Duties Act 2001. 10 Amendment of s 52 (Contracted property) (1) Section 52, heading, after ‘property’— insert— ‘ and trust interests ’. (2) Section 52— insert— ‘(1A) If a trust has made a purchase or sale agreement for a trust interest, the trust is taken to have an indirect interest in the trust-related dutiable property.’. (3) Section 52(3)— omit, insert— ‘(3) Subsection (3A) applies if— (a) contracted property, or an indirect interest in dutiable property mentioned in subsection (1A), is included in determining the dutiable value of a trust creation, trust termination, trust acquisition or trust surrender; and (b) afterwards, the sale agreement for the property or trust interest is completed or the purchase agreement for the property or trust interest is not completed. ‘(3A) The commissioner must make a reassessment as if the contracted property or indirect interest were never held by the trust.’. (4) Section 52— insert— ‘(5) In this section— 2010 Act No. 11 Page 13
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 11] purchase agreement includes an uncompleted agreement, whether or not conditional, for the acquisition of a trust interest through which the trust would have, if the agreement were completed, an indirect interest in dutiable property (the trust-related dutiable property ). sale agreement includes an uncompleted agreement, whether or not conditional, for the disposal of a trust interest through which the trust has an indirect interest in dutiable property (also the trust-related dutiable property ).’. 11 Amendment of s 63 (What is the value of a trust acquisition or trust surrender) Section 63(1), note, after ‘property.’— insert— ‘ Also, under section 52(1A), the relevant trust may be taken to hold an indirect interest in dutiable property through a trust interest that is the subject of a purchase or sale agreement. ’. 12 Amendment of s 73 (What is a funds manager ) Section 73(5)— insert— ‘ insurer means— (a) a person who is authorised under the Insurance Act 1973 (Cwlth) to carry on an insurance business; or (b) a life company.’. 13 Amendment of s 85 (Purpose of pt 9) Section 85, from ‘that is the transfer’— omit, insert— ‘that is— Page 14 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 14] (a) the transfer, or agreement for the transfer, of a home or first home or of vacant land on which a first home is to be constructed; or (b) the acquisition, on its creation, grant or issue, of a new right that is a lease— (i) of residential land on which a home or first home is constructed or of vacant land on which a first home is to be constructed; and (ii) for which a premium, fine or other consideration is payable. Note — In relation to paragraph (b), see also section 614.’. 14 Amendment of s 86 (What is a home and a first home ) Section 86— insert— ‘(3) Subsection (2)(a)(ii) does not apply to the interest in land of a lessee of a lease— (a) of residential land on which a home or first home is constructed; and (b) for which a premium, fine or other consideration is payable.’. 15 Amendment of s 86B (What is a first home for a residence to be constructed on vacant land) Section 86B— insert— ‘(2) Subsection (1)(b)(i)(B) does not apply to the interest in land of a lessee of a lease— (a) of residential land on which a home or first home is constructed; and 2010 Act No. 11 Page 15
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 16] (b) for which a premium, fine or other consideration is payable.’. 16 Amendment of s 86D (What is a vacant land concession beneficiary ) (1) Section 86D(1)— omit, insert— ‘(1) A person is a vacant land concession beneficiary in relation to particular land if— (a) the person was— (i) a transferee under a dutiable transaction that was the transfer, or agreement for the transfer, of the land; or (ii) a lessee under a dutiable transaction that was the acquisition, mentioned in section 85(b), of a lease of the land; and (b) under section 92 or 93A, a concession applied to the transaction; and (c) at the time of the transaction, the land was vacant land.’. (2) Section 86D(2), ‘(1)(a)(ii)’— omit, insert— ‘(1)(b)’. 17 Amendment of s 89 (What is a person’s transfer date for residential land or vacant land) Section 89, from ‘that is’— omit, insert— ‘that is— (a) the transfer, or agreement for the transfer, of the land; or (b) the acquisition, mentioned in section 85(b), of a lease of the land.’. Page 16 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 18] 18 Replacement of s 90 (What is the dutiable value of residential land or vacant land) Section 90— omit, insert— ‘90 What is the dutiable value of residential land or vacant land ‘(1) Subsection (2) applies to a dutiable transaction that is either of the following in relation to residential land or vacant land— (a) a transfer, or agreement for the transfer, of the land; (b) an acquisition, mentioned in section 85(b), of a lease of the land. ‘(2) The dutiable value of the land to which the transaction relates is as follows— (a) for a transaction mentioned in subsection (1)(a)—the part of the dutiable value of the transaction that is attributable to the land; (b) for a transaction mentioned in subsection (1)(b)—the part of the dutiable value of the transaction that is attributable to the interest acquired in the land.’. 19 Amendment of s 91 (Concession—home) (1) Section 91(1)(a)— omit, insert— ‘(a) a dutiable transaction is either of the following— (i) the transfer, or agreement for the transfer, of residential land; (ii) the acquisition, mentioned in section 85(b), of a lease of residential land; and’. (2) Section 91(1)(b)(i) and (ii), after ‘transferees’— insert— ‘or lessees’. 2010 Act No. 11 Page 17
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 20] 20 Amendment of s 92 (Concession—first home) (1) Section 92(1)(a)— omit, insert— ‘(a) a dutiable transaction is either of the following— (i) the transfer, or agreement for the transfer, of residential land or vacant land; (ii) the acquisition, mentioned in section 85(b), of a lease of residential land or vacant land; and’. (2) Section 92(1)(b)(i) and (ii), after ‘transferees’— insert— ‘or lessees’. (3) Section 92(1)(c)(ii), from ‘the transfer’— omit, insert— ‘dutiable transaction is at least the unencumbered value of the land.’. (4) Section 92(2)(a) and (b), ‘that is the transfer, or agreement for the transfer, of’— omit, insert— ‘mentioned in subsection (1)(a) in relation to’. (5) Section 92(3), after ‘transferee’— insert— ‘or lessee’. 21 Amendment of s 93 (Concession—mixed and multiple claims for individuals—residential land) (1) Section 93(1) to (3)— omit, insert— ‘(1) This section applies if— (a) a dutiable transaction is either of the following (each a relevant transaction )— Page 18 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 21] (i) the transfer, or agreement for the transfer, of residential land; (ii) the acquisition, mentioned in section 85(b), of a lease of residential land; and (b) there is more than 1 transferee or lessee of the residential land to which the transaction relates; and (c) the residence is— (i) the home or first home of all the transferees (the relevant transferees ) or all the lessees (the relevant lessees ); or (ii) the home or first home of 1 or more of the transferees (also the relevant transferees ) or 1 or more of the lessees (also the relevant lessees ) but not all transferees or all lessees; and (d) the relevant transferees or relevant lessees are individuals. ‘(2) Also, this section applies if— (a) a dutiable transaction is a relevant transaction in relation to residential land on which more than 1 residence is constructed; and (b) 1 or more of the residences is, for 1 or more of the transferees (also the relevant transferees ) or 1 or more of the lessees (also the relevant lessees ), a home or first home; and (c) the relevant transferees or relevant lessees are individuals. ‘(3) In addition, this section applies if a dutiable transaction is a relevant transaction in relation to a part interest in residential land that, if it were in relation to the whole interest in the land, would be a dutiable transaction to which this section applies under subsection (1) or (2), other than the requirement for more than 1 transferee or lessee.’. (2) Section 93(3A), (3B), (4)(a), (5)(a), (6A) and (7), after ‘relevant transferee’— 2010 Act No. 11 Page 19
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 22] insert— ‘or relevant lessee’. (3) Section 93(4)(a), (5)(a), and (6)(c), ‘the transferee’s interest’— omit, insert— ‘the transferee’s or lessee’s interest’. (4) Section 93(4)(b)(i), (5)(b)(i), (6)(b) and (6)(c), ‘relevant transferee’s interest’— omit, insert— ‘relevant transferee’s or relevant lessee’s interest’. (5) Section 93(5)(b)(ii), ‘transferees’ interests’— omit, insert— ‘transferees’ or relevant lessees’ interests’. (6) Section 96(6)(b), after ‘of the transferee’— insert — ‘or lessee’. (7) Section 93(6)(b)(ii), after ‘transferees’— insert— ‘or lessees’. (8) Section 93(6A) and (7), ‘transferee’s home’— omit, insert— ‘transferee’s or lessee’s home’. 22 Amendment of s 93A (Concession—mixed and multiple claims for individuals—vacant land) (1) Section 93A(1) and (2)— omit, insert— ‘(1) This section applies if— Page 20 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 22] (a) a dutiable transaction is either of the following (each a relevant transaction )— (i) the transfer, or agreement for the transfer, of vacant land; (ii) the acquisition, mentioned in section 85(b), of a lease of vacant land; and (b) there is more than 1 transferee or lessee of the vacant land to which the transaction relates; and (c) the residence, when constructed, will be the first home of 1 or more of the transferees (the relevant transferees ) or 1 or more of the lessees (the relevant lessees ) but not all transferees or all lessees; and (d) the relevant transferees or relevant lessees are individuals. ‘(2) In addition, this section applies if a dutiable transaction is a relevant transaction in relation to a part interest in vacant land that, if it were in relation to the whole interest in the land, would be a dutiable transaction to which this section applies under subsection (1), other than the requirement for more than 1 transferee or lessee.’. (2) Section 93A(3), (4), (5)(a) and (b) and (6), after ‘relevant transferee’— insert— ‘or relevant lessee’. (3) Section 93A(5)(a) and (b) and (6), ‘transferee’s interest’— omit, insert— ‘transferee’s or relevant lessee’s interest’. (4) Section 93A(6)(a), after ‘transferees’— insert— ‘or all the lessees’. 2010 Act No. 11 Page 21
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 23] 23 Amendment of s 94 (Concession—mixed and multiple claims for trustees—residential land) (1) Section 94(1)(a)— omit, insert— ‘(a) a dutiable transaction is either of the following— (i) the transfer, or agreement for the transfer, of residential land; (ii) the acquisition, mentioned in section 85(b), of a lease of residential land; and’. (2) Section 94(1)(b), after ‘transferee’— insert— ‘or lessee’. (3) Section 94(2), after ‘transferees’— insert— ‘or lessees’. 24 Amendment of s 94A (Concession—mixed and multiple claims for trustees—vacant land) (1) Section 94A(1)(a)— omit, insert— ‘(a) a dutiable transaction is either of the following— (i) the transfer, or agreement for the transfer, of vacant land; (ii) the acquisition, mentioned in section 85(b), of a lease of vacant land; and’. (2) Section 94A(1)(b), after ‘transferee’— insert— ‘or lessee’. Page 22 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 25] (3) Section 94A(2), after ‘transferees’— insert— ‘or lessees’. 25 Amendment of s 117 (Exemption—change of trustee) Section 117— insert— ‘(2) Also, transfer duty is not imposed on a dutiable transaction for the sole purpose of giving effect to a change of a trustee if— (a) the transaction is part of an arrangement involving a change in the rights or interest of a beneficiary of the trust; and (b) transfer duty has been paid on all trust acquisitions or trust surrenders— (i) of trust interests in the trust made under the arrangement; and (ii) for which transfer duty is imposed; and (c) transfer duty has been paid on all trust acquisitions or trust surrenders for which transfer duty is imposed for the trust before the transaction; and (d) the change of trustee is not part of an arrangement to avoid the imposition of duty. Note — In relation to subsection (2), see also section 615.’. 26 Insertion of new s 122 After section 121— insert— 2010 Act No. 11 Page 23
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 26] ‘122 Exemption—restructure of stapled entities ‘(1) Transfer duty is not imposed on a dutiable transaction that is a trust acquisition or trust surrender of a trust interest in a listed unit trust or a widely held unit trust if— (a) the purpose of the transaction is to give effect to a scheme that qualifies or would, on its completion, qualify as a roll-over under the Income Tax Assessment Act 1997 (Cwlth), subdivision 124.Q; and (b) when the scheme is completed, the interposed trust will be a listed unit trust or a widely held unit trust; and (c) the transaction is not part of an arrangement to avoid the imposition of transfer duty. ‘(2) Subsection (1) does not apply if— (a) the interposed trust is not a listed unit trust or a widely held unit trust when the scheme is completed; or (b) the interposed trust ceases to be a listed unit trust or a widely held unit trust within 3 years after the scheme is completed; or (c) the interposed trust does not retain all the ownership interests in the stapled entities for at least 3 years after the date of the transaction. ‘(3) Despite subsection (2)(c), subsection (1) continues to apply if the commissioner is satisfied the interposed trust did not retain all the ownership interests because 1 or more of the stapled entities ceased to exist other than under an arrangement, a significant purpose of which was to avoid the requirement to retain all the ownership interests for at least 3 years. ‘(4) If subsection (1) does not apply, the commissioner must make a reassessment to impose transfer duty on the transaction as if the exemption from duty had never applied. ‘(5) Subsection (4) applies to the reassessment despite the limitation period under the Administration Act for reassessments. Page 24 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 27] Editor’s note — See the Administration Act, part 3, division 3. ‘(6) If an event mentioned in subsection (2) happens, a party to the transaction must, within 28 days after the event happens— (a) give notice of the event to the commissioner in the approved form; and (b) ensure the instruments required for the assessment of duty on the transaction are lodged for reassessment. Note — Failure to give the notice is an offence under the Administration Act, section 120. ‘(7) Without limiting subsection (3), a company registered under the Corporations Act ceases to exist if it is deregistered under that Act.’. 27 Amendment of s 130 (Exemption—other transfers of scheme property of registered managed investment scheme) (1) Section 130(1)— omit, insert— ‘(1) Transfer duty is not imposed on the following dutiable transactions ( relevant transactions )— (a) for scheme property of a registered managed investment scheme other than a trust interest—a transfer, or agreement for the transfer, of the scheme property from 1 property holder for the scheme to the other property holder for the scheme; or (b) for scheme property of a registered managed investment scheme that is a trust interest—a trust acquisition made by 1 property holder for the scheme, if the trust interest was held by the other property holder for the scheme immediately before the acquisition.’. (2) Section 130(2), ‘transfer or agreement’— omit, insert— 2010 Act No. 11 Page 25
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 28] ‘relevant transaction’. (3) Section 130(2)(b), ‘property is transferred or agreement is made’— omit, insert— ‘relevant transaction happens’. (4) Section 130— insert— ‘(3) In this section— property holder , for a registered managed investment scheme, means— (a) the responsible entity of the scheme; or (b) a person as primary custodian for the responsible entity of the scheme. scheme property includes a trust interest of a registered managed investment scheme held by a property holder for the scheme.’. 28 Replacement of s 143 (Exemption—change of tenure) Section 143— omit, insert— ‘143 Exemption—change of tenure ‘(1) Transfer duty is not imposed on an agreement for a transfer entered into, or a transfer made, solely for the purpose of changing the registered ownership of property— (a) from tenants in common to joint tenants; or (b) from joint tenants to tenants in common. ‘(2) Subsection (1) applies only if— (a) the total value of the co-owners’ interests in the property immediately before the agreement was entered into, or the transfer had effect, is not changed; and Page 26 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 29] (b) either— (i) for subsection (1)(a)—immediately before the agreement was entered into or the transfer had effect, the owners held the property as tenants in common in equal shares; or (ii) for subsection (1)(b)—after the transfer has effect, the owners hold the property as tenants in common in equal shares.’. 29 Amendment of s 151 (Exemption—particular residences) Section 151— insert— ‘(2) Subsection (1) applies even if liability under a mortgage over the interest in the land, in existence immediately before the transaction, is assumed by the other party under the transaction. Note — In relation to subsection (2), see also section 616.’. 30 Amendment of s 153 (Reassessment—disposal after occupation date for residence) (1) Section 153(1)(a)— omit, insert— ‘(a) transfer duty on a dutiable transaction that is either of the following is assessed on the basis of a concession under section 91, 92, 93 or 93A— (i) the transfer, or agreement for the transfer, of residential land or vacant land; (ii) the acquisition, mentioned in section 85(b), of a lease of residential land or vacant land; and’. (2) Section 153(1)(b), (1A), (2), definition C , and (3), after ‘transferee’— 2010 Act No. 11 Page 27
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 31] insert— ‘or lessee’. (3) Section 153(1)(b), (1A)(a), (2), definition OD , and (3), after ‘transferee’s’— insert— ‘or lessee’s’. (4) Section 153(1)(b)— insert — ‘(iii) for a lease of residential land on which a home or first home is constructed or of vacant land on which a first home is to be constructed and for which a premium, fine or other consideration is payable—surrendering the lease.’. 31 Amendment of s 154 (Reassessment—noncompliance with occupancy requirements) (1) Section 154(1)(a)— omit, insert— ‘(a) transfer duty on a dutiable transaction that is either of the following is assessed on the basis of a concession under section 91, 92, 93 or 93A— (i) the transfer, or agreement for the transfer, of residential land or vacant land; (ii) the acquisition, mentioned in section 85(b), of a lease of residential land or vacant land; and’. (2) Section 154(1)(b)(i), (2A), (3), and (4), after ‘transferee’— insert— ‘or lessee’. (3) Section 154(1)(b)(ii), (2A)(a), and (4), after ‘transferee’s’— insert— ‘or lessee’s’. Page 28 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 32] (4) Section 154(2), ‘a transferee disposes of land if the transferee’— omit, insert — ‘a transferee or lessee disposes of land if the lessee of a home or vacant land lease surrenders the lease or the transferee or lessee’. (5) Section 154— insert — ‘(5) In this section— home or vacant land lease means a lease— (a) of residential land on which a home or first home is constructed or of vacant land on which a first home is to be constructed; and (b) for which a premium, fine or other consideration is payable.’. 32 Amendment of s 155 (When transferees must give notice for reassessment) (1) Section 155, heading— omit, insert— ‘155 When transferees and lessees must give notice for reassessment’. (2) Section 155(1)— omit, insert— ‘(1) This section applies if a notifiable event happens after an assessment, on the basis of a concession under section 91, 92, 93 or 93A, of transfer duty on a dutiable transaction that is either of the following (each a relevant transaction )— (a) the transfer, or agreement for the transfer, of residential land or vacant land; (b) the acquisition, mentioned in section 85(b), of a lease of residential land or vacant land.’. 2010 Act No. 11 Page 29
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 33] (3) Section 155(2), ‘to the transfer or agreement’— omit, insert— ‘or lessee in relation to the relevant transaction’. (4) Section 155(3), definition notifiable event , paragraph (a), after ‘transferee’s’— insert— ‘or lessee’s’. 33 Insertion of new ch 2, pt 14, div 3 Chapter 2, part 14— insert— ‘Division 3 Other reassessment ‘156A Reassessment of duty for cancelled transfer of dutiable property ‘(1) This section applies if— (a) a person, directly or by the person’s agent, pays transfer duty on a transfer of dutiable property effected or evidenced by an instrument; and (b) the instrument is cancelled by the parties before it has legal effect; and (c) the dutiable property has not been transferred to the transferee or a related person of the transferee; and (d) the instrument was not cancelled— (i) to give effect to a resale agreement; or (ii) as part of an arrangement under which any of the dutiable property is or will be transferred, or is agreed to be transferred, to the transferee or a related person of the transferee. ‘(2) For this section, an instrument has legal effect if— Page 30 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 34] (a) for an instrument that, when recorded in a register, will effect the transfer of dutiable property—the instrument is lodged for recording in the register; or (b) a right has been exercised, or an obligation fulfilled, under the instrument; or (c) the instrument has been relied on in any other way. ‘(3) For subsection (1)(d)(i), an agreement is a resale agreement if— (a) under the agreement, any of the dutiable property is or will be transferred or is agreed to be transferred; and (b) the transferee, or a related person of the transferee, receives or will receive, directly or indirectly, a financial benefit, other than the release of the transferee from the transferee’s obligation under the transaction mentioned in subsection (1)(a). ‘(4) The person may lodge an application for a reassessment in the approved form within 6 months after the instrument is cancelled. ‘(5) The person must lodge the instrument with the application, unless the commissioner decides lodgement of the instrument is unnecessary. ‘(6) The commissioner must make a reassessment of transfer duty for the transaction on the basis that transfer duty is not imposed on the transaction.’. 34 Amendment of s 166 (What is a subsidiary of a corporation) Section 166— insert— ‘(4) For deciding whether a trustee of a trust is a subsidiary of the other corporation under subsection (2)— (a) a trust interest sale agreement made by the other corporation or a subsidiary of it is taken not to have been made; and 2010 Act No. 11 Page 31
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 35] (b) a trust interest purchase agreement made by the other corporation or a subsidiary of it is taken to have been completed. ‘(5) In this section— trust interest purchase agreement means an uncompleted agreement, whether or not conditional, for the acquisition of an interest as a beneficiary of the trust. trust interest sale agreement means an uncompleted agreement, whether or not conditional, for the disposal of an interest as a beneficiary of the trust.’. 35 Insertion of new s 193A After section 193— insert— ‘193A Exemption—restructure of stapled entities ‘(1) Land rich duty is not imposed on a relevant acquisition if— (a) the purpose of the acquisition is to give effect to a scheme that qualifies or would, on its completion, qualify as a roll-over under the Income Tax Assessment Act 1997 (Cwlth), subdivision 124.Q; and (b) when the scheme is completed, the interposed trust will be a listed unit trust or a widely held unit trust; and (c) the acquisition is not part of an arrangement to avoid the imposition of land rich duty. ‘(2) Subsection (1) does not apply if— (a) the interposed trust is not a listed unit trust or a widely held unit trust when the scheme is completed; or (b) the interposed trust ceases to be a listed unit trust or a widely held unit trust within 3 years after the scheme is completed; or (c) the interposed trust does not retain all the ownership interests in the stapled entities for at least 3 years after the date of the acquisition. Page 32 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 36] ‘(3) Despite subsection (2)(c), subsection (1) continues to apply if the commissioner is satisfied the interposed trust did not retain all the ownership interests because 1 or more of the stapled entities ceased to exist other than under an arrangement, a significant purpose of which was to avoid the requirement to retain all the ownership interests for at least 3 years. ‘(4) If subsection (1) does not apply, the commissioner must make a reassessment to impose land rich duty on the relevant acquisition as if the exemption from duty had never applied. ‘(5) Subsection (4) applies to the reassessment despite the limitation period under the Administration Act for reassessments. Editor’s note — See the Administration Act, part 3, division 3. ‘(6) If an event mentioned in subsection (2) happens, the acquirer under the relevant acquisition must, within 28 days after the event happens— (a) give notice of the event to the commissioner in the approved form; and (b) ensure the instruments required for the assessment of duty on the acquisition are lodged for reassessment. Note — Failure to give the notice is an offence under the Administration Act, section 120. ‘(7) Without limiting subsection (3), a company registered under the Corporations Act ceases to exist if it is deregistered under that Act.’. 36 Amendment of s 197 (When commissioner must make reassessment) (1) Section 197(1)(a)— omit, insert— 2010 Act No. 11 Page 33
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 37] ‘(a) at the time of the relevant acquisition, the corporation’s land-holdings included— (i) land the subject of— (A) a sale agreement that was later completed; or (B) a purchase agreement that was not completed; or (ii) land-holdings of a trustee of a trust that was a subsidiary of the corporation because of— (A) a trust interest sale agreement that was later completed; or (B) a trust interest purchase agreement that was not completed; and’. (2) Section 197— insert— ‘(7) In this section— trust interest purchase agreement see section 166. trust interest sale agreement see section 166.’. 37 Amendment of s 198 (Registration of charge over land for unpaid land rich duty) (1) Section 198, heading— omit, insert— ‘198 Charge over land for unpaid land rich duty ’. (2) Section 198(1), editor’s note— omit . (3) Section 198(2), ‘a charge’— omit, insert— ‘a first charge’. (4) Section 198(3) to (5)— omit, insert— Page 34 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 38] ‘(3) The commissioner may lodge, under the Administration Act, part 4, division 5, a request to register the charge over stated land owned by the corporation or its subsidiary. ‘(4) The charge has priority over all other encumbrances over the land.’. 38 Omission of s 199 (Release of charge) Section 199— omit . 39 Amendment of s 213 (Contracted property) (1) Section 213, heading, after ‘property’— insert— ‘ and trust interests ’. (2) Section 213(1), ‘or relevant corporation for a corporate trustee’— omit. (3) Section 213(1) and (2), ‘or relevant corporation’— omit. (4) Section 213— insert— ‘(1A) If a corporate trustee has made a purchase or sale agreement for a trust interest, the corporate trustee is taken to have an indirect interest in the trust-related dutiable property.’. (5) Section 213(3)— omit, insert— ‘(3) Subsection (3A) applies if— (a) contracted property, or an indirect interest in dutiable property mentioned in subsection (1A), is included in determining the dutiable value of a relevant acquisition; and 2010 Act No. 11 Page 35
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 40] (b) the sale agreement for the property or trust interest is later completed or the purchase agreement for the property or trust interest is later rescinded. ‘(3A) The commissioner must make a reassessment as if the contracted property or indirect interest were never held by the corporate trustee.’. (6) Section 213— insert— ‘(5) In this section— purchase agreement includes an uncompleted agreement, whether or not conditional, for the acquisition of a trust interest through which the corporate trustee would have, if the agreement were completed, an indirect interest in dutiable property (the trust-related dutiable property ). sale agreement includes an uncompleted agreement, whether or not conditional, for the sale of a trust interest through which the corporate trustee has an indirect interest in dutiable property (also the trust-related dutiable property ).’. 40 Amendment of s 222 (What is the dutiable value of a relevant acquisition) Section 222(1), note, after ‘property.’— insert— ‘ Also, under section 213(1A), the corporate trustee may be taken to hold an indirect interest in dutiable property through a trust interest that is the subject of a purchase or sale agreement.’. 41 Amendment of s 353 (What is a premium ) Section 353(1), ‘a general insurer or life insurer’— omit, insert— ‘an insurer’. Page 36 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 42] 42 Replacement of s 354 (Who is a general insurer ) Section 354— omit, insert— ‘354 Who is a general insurer ‘(1) A general insurer is a person who writes general insurance whether or not the person is authorised under the Insurance Act 1973 (Cwlth) to carry on an insurance business. ‘(2) An insurance intermediary is not a general insurer.’. 43 Replacement of s 355 (Who is a life insurer ) Section 355— omit, insert— ‘355 Who is a life insurer ‘(1) A life insurer is a person who writes life insurance whether or not the person is registered under the Life Insurance Act 1995 (Cwlth). ‘(2) An insurance intermediary is not a life insurer.’. 44 Amendment of s 357 (Who is liable to pay insurance duty) (1) Section 357(1), ‘general insurer’— omit, insert— ‘insurer’. (2) Section 357(2), ‘life insurer’— omit, insert— ‘insurer’. 2010 Act No. 11 Page 37
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 45] 45 Amendment of s 360 (When insurance duty is payable—life insurance) Section 360, ‘a life insurer’— omit, insert— ‘an insurer’. 46 Replacement of ch 8, pt 5, hdg Chapter 8, part 5, heading— omit, insert— ‘Part 5 Arrangements applying to insurers and WorkCover Queensland’. 47 Amendment of s 369 (General and life insurers to be registered) (1) Section 369, heading— omit, insert— ‘369 Insurers to be registered’. (2) Section 369, ‘a general insurer or life insurer’— omit, insert— ‘an insurer’. 48 Amendment of s 370 (Lodging returns and payment of insurance duty) (1) Section 370(1) and (2)— omit, insert— ‘(1) If a registered insurer has a liability to insurance duty for a return period, the insurer must on or before the return date— (a) lodge a return in the approved form; and Page 38 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 49] (b) pay to the commissioner the amount of insurance duty based on the following— (i) for general insurance—the total amount of the premiums received in the return period by the insurer; (ii) for life insurance— (A) for contracts of life insurance that effect temporary or term insurance—the total amount of the premiums received in the return period by the insurer; and (B) for other contracts of life insurance—the amounts of the sums insured for the contracts written in the return period by the insurer; and (c) pay to the commissioner any assessed interest and penalty tax.’. (2) Section 370(3), from ‘a general’ to ‘or (2)’— omit, insert— ‘an insurer refunds the whole or part of a premium for a contract of insurance for which insurance duty has been paid, the insurer may deduct from the amount required to be paid under subsection (1)’. (3) Section 370(5), ‘14 days’— omit, insert— ‘21 days’. (4) Section 370(6), editor’s note— omit . 49 Replacement of s 371 (Application of pt 6) Section 371— omit, insert— 2010 Act No. 11 Page 39
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 50] ‘371 Application of pt 6 ‘(1) This part applies to a person (the insured person ) who effects or renews general insurance or life insurance with a person (the insurer ) who is not registered under chapter 12, part 1 or 2. ‘(2) However, this part does not apply to an insured person who has been charged, by the insurer, an amount for insurance duty in relation to the premium for the insurance.’. 50 Amendment of s 372 (Lodging statement and payment of insurance duty) Section 372(1), ‘The person’— omit, insert— ‘The insured person’. 51 Amendment of s 407 (Group property for intra-group transfer of property) (1) Section 407(1), ‘For’ omit, insert— ‘Subject to subsections (3) and (4), for’. (2) Section 407— insert— ‘(3) Property that is a lot on a plan of subdivision registered after the transferor and the transferee became group companies is only group property to the extent that the property comprising the lot was group property under subsection (1)(a) or (b) immediately before registration of the plan of subdivision. ‘(4) For property mentioned in subsection (3), transfer duty is not imposed on the dutiable value of the part of the lot that is group property, worked out using the following formula— DV G = - TV ---- VP --- × DV L Page 40 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 52] where— DV G means the dutiable value of the part of the lot that is group property for section 406(2)(d). DV L means the dutiable value of the lot. TV means the total value, immediately before the plan of subdivision was registered, of the property that forms the lot. VP means the value, immediately before the plan of subdivision was registered, of property that— (a) forms part of the lot; and (b) was group property under subsection (1)(a) or (b) immediately before the plan of subdivision was registered. ‘(5) In this section— lot see the Land Title Act 1994 , schedule 2. plan of subdivision means— (a) a plan under the BuildingUnitsandGroupTitlesAct1980 ; or (b) a plan of subdivision under the Land Title Act 1994 ; or (c) a plan of subdivision under the Land Act 1994 ; or (d) a plan or scheme, however described, showing the division of, amalgamation into, dedication of or redefinition of, at least 1 lot, that is able to be registered in a land registry under the Land Act 1994 or the LandTitle Act 1994 .’. 52 Amendment of s 416 (Start of use requirement) (1) Section 416(1)(a), after ‘arise’— insert— ‘or the later date fixed by the commissioner by notice given to the institution’. (2) Section 416(1), after paragraph (b)— 2010 Act No. 11 Page 41
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 53] insert— ‘Note — In relation to subsection (1)(a), see also section 620.’. (3) Section 416(3)(a), after ‘arise’— insert— ‘or the later date fixed by the commissioner by notice given to the institution’. (4) Section 416(3), after paragraph (d)— insert— ‘Note — In relation to subsection (3)(a), see also section 620.’. 53 Amendment of s 419 (Reassessment—noncompliance with use requirements) Section 419(2), ‘paragraph (b)’— omit, insert— ‘subsection (1)(b)’. 54 Amendment of s 427 (Exemption—particular instruments and transactions under Associations Incorporation Act) (1) Section 427, heading— omit, insert— ‘427 Exemption—particular instruments and transactions relating to incorporated associations’. (2) Section 427— insert— ‘(2) Duty is not imposed on an instrument or transaction for vesting property in an association incorporated under the Corporations Act if— (a) the association was formed with the object of— Page 42 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 55] (i) providing recreation or amusement; or (ii) promoting religion, charity, patriotism or the arts; or (iii) achieving another object the commissioner is satisfied is useful to the community; and (b) the association’s constitution— (i) provides for the application of its funds to its objects; and (ii) prohibits the distribution of any part of its funds or profits to its members; and (c) because of the association’s incorporation, the instrument or transaction is necessary for vesting the property in the association’s corporate name.’. 55 Amendment of s 437 (Application for registration to carry on particular businesses) Section 437(1), ‘a general insurer or life insurer’— omit, insert— ‘an insurer’. 56 Amendment of s 445 (Notice of registration) Section 445(2)(g), ‘the endorsements’— omit, insert— ‘any endorsements’. 57 Amendment of s 452 (Notice of registration) Section 452(2)(g), ‘the endorsements’— omit, insert— ‘any endorsements’. 2010 Act No. 11 Page 43
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 58] 58 Amendment of s 455 (Lodging returns) (1) Section 455— insert— ‘(1A) Subsection (1)(c) does not apply if the self assessor’s notice of registration states that no endorsements are required on the instruments.’. (2) Section 455(2)(a)— omit, insert— ‘(a) an instrument for which duty is imposed must be endorsed— (i) if the self assessor’s notice of registration states the way in which the instrument must be endorsed—in the way stated; or (ii) otherwise, with the following— (A) a reference to this Act’s short title; (B) the self assessor’s client number; (C) the transaction number for the instrument; (D) the amounts of any duty, assessed interest and penalty tax paid on the instrument; (E) the date the endorsement is made; (F) the signature of the individual completing the endorsement; and’. 59 Amendment of s 455A (Lodging transaction statements) (1) Section 455A— insert— ‘(1A) Subsection (1)(b) does not apply if the self assessor’s notice of registration states that no endorsements are required on the instruments.’. (2) Section 455A(4)(a)— Page 44 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 60] omit, insert— ‘(a) an instrument for which duty is imposed must be endorsed— (i) if the self assessor’s notice of registration states the way in which the instrument must be endorsed—in the way stated; or (ii) otherwise, with the following— (A) a reference to this Act’s short title; (B) the self assessor’s client number; (C) the transaction number for the instrument; (D) the amounts of any duty, assessed interest and penalty tax paid on the instrument; (E) the date the endorsement is made; (F) the signature of the individual completing the endorsement; and’. 60 Amendment of s 465 (Grounds for suspension or cancellation) Section 465— insert— ‘(d) the self assessor has been given a notice under section 488(2) and has failed to pay— (i) the penalty amount by the date for payment stated in the notice; or (ii) if the commissioner enters into an arrangement for payment of the penalty amount by instalments under section 488(5)—an instalment by the date the instalment is required to be paid under the arrangement; (e) if section 470 applies to the self assessor—the self assessor has failed to give notice to the commissioner as required under section 470(3); 2010 Act No. 11 Page 45
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 61] (f) the commissioner reasonably believes that, having regard to the self assessor’s conduct, the self assessor’s registration poses an unacceptable risk that the self assessor will not comply with an obligation under this Act or the Administration Act.’. 61 Insertion of new s 469A After section 469— insert— ‘469A Immediate suspension ‘(1) This section applies if the commissioner reasonably believes— (a) a ground exists for suspending or cancelling a self assessor’s registration; and (b) the self assessor’s registration must be suspended immediately to— (i) ensure the integrity of the self assessment system is not jeopardised; or (ii) remove an immediate, unacceptable risk that the self assessor will not comply with an obligation under this Act or the Administration Act. ‘(2) The commissioner may decide to immediately suspend the self assessor’s registration. ‘(3) The commissioner must give the self assessor an information notice for the decision. ‘(4) The information notice must include the period of the suspension. Note — See also schedule 6, definition information notice for other matters the information notice must state. ‘(5) The suspension— (a) starts immediately after the self assessor is given the information notice; and Page 46 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 62] (b) ends on the earliest of the following— (i) the day that is 56 days after the day on which the period started; (ii) a decision is made by the commissioner under section 469 about a show cause notice given to the self assessor; (iii) notice is given by the commissioner to the self assessor ending the suspension under subsection (6). ‘(6) During the period of the suspension, if the commissioner no longer believes subsection (1)(a) or (b) is satisfied, the commissioner must end the suspension by giving notice to the self assessor stating the suspension has ended. ‘(7) In this section— self assessment system means the system under this Act and the Administration Act for— (a) the registration of persons as self assessors; and (b) the making of self assessments, payments of duty, and compliance with other obligations under the Acts, by self assessors.’. 62 Amendment of s 470 (Cancellation of registration—ceasing to carry on business) (1) Section 470, heading, ‘Cancellation’— omit, insert — ‘ Suspension or cancellation ’. (2) Section 470(1), after ‘or 3’— insert — ‘permanently’. (3) Section 470(2), from ‘to the commissioner’— omit, insert — 2010 Act No. 11 Page 47
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 63] ‘of the ceasing to the commissioner.’. (4) Section 470(3)(b)— omit, insert — ‘(b) for a self assessor registered under part 3— (i) if the self assessor permanently ceases to carry on the business—the self assessor’s registration is cancelled effective from the day stated in the notice; or (ii) if the self assessor temporarily ceases to carry on the business—the self assessor’s registration is suspended for the period stated in the notice.’. (5) Section 470(2) and (3)— renumber as section 470(3) and (5). (6) Section 470— insert — ‘(2) Also, this section applies if a self assessor registered under part 3 temporarily ceases to carry on, in Queensland, the business for which the self assessor is registered. ‘(4) If the self assessor is a self assessor mentioned in subsection (2), the notice given under subsection (3) must state the period (the temporary cessation period ) for which the self assessor will temporarily cease to carry on the business. ‘(6) For subsection (5)(b)(ii), the period stated in the notice must not be longer than the temporary cessation period.’. 63 Replacement of s 481 (Offence to endorse instrument unless self assessor) Section 481— omit, insert— Page 48 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 64] ‘481 Offence for person other than self assessor to endorse instrument ‘A person must not make any notation or endorsement on an instrument indicating or implying that duty has been paid for the instrument unless the person is authorised to do so under this Act. Maximum penalty—200 penalty units.’. 64 Amendment of s 506A (Refunding stamp duty) Section 506A(3)— omit, insert— ‘(3) A court or QCAT must not make an order relating to the refund that is inconsistent with subsection (2).’. 65 Insertion of new ch 17, pt 13 After section 613— insert— ‘Part 13 Transitional provisions for Revenue and Other Legislation Amendment Act 2010 ‘614 References to an acquisition mentioned in s 85(b) ‘A provision in either of the following that, on the commencement of this section, includes a reference to an acquisition mentioned in section 85(b) is taken to have included that reference on and from 1 December 2003— (a) chapter 2, part 9; (b) chapter 2, part 14, division 1. 2010 Act No. 11 Page 49
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 65] ‘615 Exemption under s 117 ‘Section 117(2) as in force on the commencement of this section is taken to have had effect on and from 13 August 2004. ‘616 Exemption under s 151 ‘Section 151(2) as in force on the commencement of this section is taken to have had effect on and from 2 May 2003. ‘617 Charge mentioned in s 198 ‘(1) Section 198 as in force immediately before its amendment by the amending Act continues to apply to a relevant acquisition made before the amendment. ‘(2) In this section— amending Act means the Revenue and Other Legislation Amendment Act 2010 . ‘618 Registered general insurers and registered life insurers ‘A person who, immediately before 14 January 2010, was a registered general insurer or registered life insurer is, on and from 14 January 2010, taken to be a registered insurer. ‘619 Date of effect of particular provisions ‘The following provisions as in force on the commencement of this section are taken to have had effect on and from 14 January 2010— • section 73 • sections 353 to 355 • section 357 • section 360 Page 50 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 3 Amendment of Duties Act 2001 [s 66] • chapter 8, part 5 • sections 371 and 372 • section 437 • the schedule, to the extent the definitions insurer , registered general insurer and registered life insurer have been omitted and the definitions insurer and registered insurer have been inserted. ‘620 Start of use requirement under s 416 ‘Section 416(1)(a) and (3)(a) as in force on the commencement of this section is taken to have had effect on and from 1 March 2002.’. 66 Amendment of sch 3 (Rates of duty on dutiable transactions and relevant acquisitions for land rich and corporate trustee duty) Schedule 3, authorising section— omit, insert— ‘sections 24(2), 91, 92, 93, 176 and 216’. 67 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions approved trustee , Australian Stock Exchange , insurer , registered general insurer and registered life insurer — omit. (2) Schedule 6— insert— ‘ approved trustee means a trustee within the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10. Australian Securities Exchange means ASX Limited (ACN 008 624 691). 2010 Act No. 11 Page 51
Revenue and Other Legislation Amendment Act 2010 Part 4 Amendment of First Home Owner Grant Act 2000 [s 68] insurer means a person who is— (a) either a general insurer or a life insurer; or (b) both a general insurer and a life insurer. interposed trust see the Income Tax Assessment Act 1997 (Cwlth), section 124.1045(1). owner , of a residence or vacant land, includes the lessee of a lease mentioned in section 85(b) of the land on which the residence is constructed or is to be constructed. ownership interest see the Income Tax Assessment Act 1997 (Cwlth), section 125.60(1). registered insurer means an insurer registered under chapter 12, part 1. stapled entity see the Income Tax Assessment Act 1997 (Cwlth), section 124.1045(2).’. (3) Schedule 6, definition intervening event , paragraph (b), after ‘transferee’— insert— ‘, lessee’. (4) Schedule 6, definition recognised stock exchange , paragraph (a)— omit, insert— ‘(a) the Australian Securities Exchange; or’. Part 4 Amendment of First Home Owner Grant Act 2000 68 Act amended This part amends the First Home Owner Grant Act 2000. Page 52 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 4 Amendment of First Home Owner Grant Act 2000 [s 69] 69 Amendment of s 5 (Meaning of eligible transaction ) Section 5(6), (7), (8) and (9), ‘$1m’— omit, insert— ‘$750000’. 70 Amendment of s 49 (Registering charge over land) (1) Section 49, heading— omit, insert— ‘49 Charge over land’. (2) Section 49(2), ‘charge’ — omit, insert— ‘first charge’. (3) Section 49— insert— ‘(2A) The charge has priority over all other encumbrances over the applicant’s interest in the land.’. (4) Section 49— insert— ‘(6) The fee for registration of the charge, or release of the charge, is payable by the applicant or former applicant mentioned in subsection (1). ‘(7) If the commissioner pays the fee mentioned in subsection (6), the commissioner may recover the amount of the fee from the applicant or former applicant liable for payment of the fee.’. 71 Insertion of new ss 49A–49D After section 49— insert— ‘49A Collection of amounts from a garnishee ‘(1) This section applies if— 2010 Act No. 11 Page 53
Revenue and Other Legislation Amendment Act 2010 Part 4 Amendment of First Home Owner Grant Act 2000 [s 71] (a) under section 48, a debt is payable by an applicant or former applicant to the commissioner; and (b) the commissioner reasonably believes a person (the garnishee )— (i) holds or may receive an amount for or on account of the applicant or former applicant; or (ii) is liable or may become liable to pay an amount to the applicant or former applicant; or (iii) has authority to pay an amount to the applicant or former applicant. ‘(2) Subsection (1)(b) applies even though the applicant or former applicant’s entitlement to the amount may be subject to unfulfilled conditions. ‘(3) The commissioner may, by written notice given to the garnishee (the garnishee notice ), require the garnishee to pay a stated amount (the garnishee amount ) to the commissioner by a stated date. ‘(4) Without limiting subsection (3), the garnishee notice may require the garnishee to pay to the commissioner an amount out of each payment the garnishee is liable, or from time to time becomes liable, to make to the applicant or former applicant. ‘(5) However, subsection (6) applies if, on the date for payment under the garnishee notice, the garnishee amount is not held for, or is not liable to be paid to, the applicant or former applicant by the garnishee. ‘(6) The garnishee notice has effect as if the date for payment were immediately after the date the amount is held for, or is liable to be paid to, the applicant or former applicant by the garnishee. ‘(7) The garnishee amount must not be more than the applicant’s or former applicant’s debt. ‘(8) The garnishee must comply with the garnishee notice unless the garnishee has a reasonable excuse. Page 54 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 4 Amendment of First Home Owner Grant Act 2000 [s 71] Maximum penalty—40 penalty units. ‘(9) The commissioner must give to the applicant or former applicant— (a) a copy of the garnishee notice; and (b) details in writing of the applicant’s or former applicant’s debt to which the notice relates. ‘49B Duration of garnishee notice ‘The garnishee notice has effect until the garnishee amount is paid or the commissioner, by written notice given to the garnishee, withdraws the notice. ‘49C Effect of discharge of debt on garnishee notice ‘(1) This section applies if— (a) the applicant’s or former applicant’s debt to which the garnishee notice relates is discharged, whether completely or partly, before the date for payment of the garnishee amount; and (b) the discharge affects the amount to be recovered from the garnishee. ‘(2) The commissioner must give written notice to the garnishee and the applicant or former applicant— (a) informing them of the extent of the discharge of the debt; and (b) stating the amount payable under the garnishee notice is reduced accordingly; and (c) if the applicant’s or former applicant’s debt is fully discharged—withdrawing the garnishee notice. ‘49D Effect of payment by garnishee ‘If the garnishee pays an amount to the commissioner under a garnishee notice, the garnishee— 2010 Act No. 11 Page 55
Revenue and Other Legislation Amendment Act 2010 Part 4 Amendment of First Home Owner Grant Act 2000 [s 72] (a) is taken to have acted under the authority of the applicant or former applicant or an authority mentioned in section 49A(1)(b)(iii); and (b) if the garnishee is under an obligation to pay an amount to the applicant or former applicant—is taken to have satisfied the obligation to the extent of the payment.’. 72 Amendment of s 68 (Offence to disclose confidential information) Section 68(3)(c)— insert— ‘(iii) the First Home Saver Accounts Act 2008 (Cwlth); or’. 73 Insertion of new pt 9 After section 74— insert— ‘Part 9 Transitional provisions for Revenue and Other Legislation Amendment Act 2010 ‘75 Definition for pt 9 ‘In this part— amending Act means the Revenue and Other Legislation Amendment Act 2010 . ‘76 Continuing operation of pre-amended s 5 ‘(1) Section 5 as in force immediately before its amendment by the amending Act continues to apply in relation to an application for a first home owner grant if the commencement date for the Page 56 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 5 Amendment of GST and Related Matters Act 2000 [s 74] eligible transaction to which the application relates is before 31 March 2010. ‘77 Charge mentioned in s 49 ‘(1) Section 49 as in force immediately before its amendment by the amending Act continues to apply to a liability in relation to a grant the payment of which was authorised before the amendment.’. 74 Amendment of sch (Dictionary) (1) Schedule, definition Australian citizen — omit . (2) Schedule— insert— ‘ Australian citizen see the Australian Citizenship Act 2007 (Cwlth), section 4. garnishee , for part 4, division 3, see section 49A(1)(b). garnishee amount , for part 4, division 3, see section 49A(3). garnishee notice , for part 4, division 3, see section 49A(3).’. Part 5 Amendment of GST and Related Matters Act 2000 75 Act amended This part amends the GST and Related Matters Act 2000. 76 Amendment of long title Long title, ‘Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations’— 2010 Act No. 11 Page 57
Revenue and Other Legislation Amendment Act 2010 Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 [s 77] omit, insert— ‘Intergovernmental Agreement on Federal Financial Relations’. 77 Omission of pt 2 (Intergovernmental agreement) Part 2— omit . 78 Omission of sch (Intergovernmental agreement on the reform of Commonwealth-State financial relations) Schedule— omit . Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 79 Act amended This part amends the InfrastructureInvestment(AssetRestructuring and Disposal) Act 2009. 80 Amendment of s 5 (Declared projects) (1) Section 5(1)— insert— ‘(fa) the disposal of all or part of the businesses, assets and liabilities of Forestry Plantations Queensland Office;’. Page 58 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 [s 81] (2) Section 5(1)(g) and (2), ‘(f)’— omit, insert— ‘(fa)’. 81 Amendment of s 6 (Declared entities) Section 6(1)— insert— ‘(ga) the Coordinator-General; (gb) Forestry Plantations Queensland Office; (gc) Urban Land Development Authority;’. 82 Amendment of s 8 (Associated activities) (1) Section 8(a) and (b), after ‘declared entity’— insert— ‘or the State’. (2) Section 8(c), after ‘declared entity’, second mention— insert— ‘or the State’. (3) Section 8(d), after ‘declared entity’, second mention— insert— ‘or the State’. 83 Amendment of s 9 (Transfer notice) (1) Section 9(1)(b)— omit, insert— ‘(b) transfer a business, asset or liability— (i) of a declared entity to another declared entity or the State; or 2010 Act No. 11 Page 59
Revenue and Other Legislation Amendment Act 2010 Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 [s 83] (ii) of the State to a declared entity;’. (2) Section 9(1)(d), ‘to a declared entity’— omit, insert— ‘from a declared entity or the State to a declared entity or the State’. (3) Section 9(1)(e), (j), (l) and (m), after ‘declared entity’— insert— ‘or the State’. (4) Section 9(1)(h)— omit, insert— ‘(h) provide whether and, if so, the extent to which— (i) a declared entity is the successor in law of another declared entity or the State; or (ii) the State is the successor in law of a declared entity;’. (5) Section 9(1)(i), after ‘declared entity’, first mention— insert— ‘or the State’. (6) Section 9(1)(k)— omit, insert— ‘(k) make provision for the transfer or secondment of an employee— (i) of a declared entity to another declared entity or the State; or (ii) of the State to a declared entity;’. (7) Section 9(4), after ‘declared entity— insert— ‘or the State’. (8) Section 9(4), after ‘the entity’— Page 60 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 [s 84] insert— ‘or the State’. (9) Section 9(5), ‘A’— omit, insert— ‘Subject to subsection (7A), a’. (10) Section 9— insert— ‘(7A) A transfer notice does not affect a condition stated in a report of the Coordinator-General, or otherwise imposed or required by the Coordinator-General, under the State Development andPublic Works Organisation Act 1971 .’. (11) Section 9(8), definition lease — omit. 84 Amendment of s 10 (Limitation on power to second employees of a declared entity) Section 10, heading, after ‘entity’— insert— ‘ or State ’. 85 Insertion of new s 10A After section 10— insert— ‘10A Workforce transition code of practice ‘(1) The Minister may approve codes of practice ( workforce transition codes of practice ) directed at ensuring— (a) the appropriate and fair treatment of employees transferred or seconded under a transfer notice— (i) from a declared entity to another declared entity or the State; or 2010 Act No. 11 Page 61
Revenue and Other Legislation Amendment Act 2010 Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 [s 86] (ii) from the State to a declared entity; or (b) the appropriate and fair treatment of other employees of declared entities or the State affected by a declared project. ‘(2) As soon as practicable after approving a workforce transition code of practice, the Minister must— (a) notify the making of the approval; and (b) give a copy of the code of practice to each declared entity or other entity to which it applies; and (c) publish a copy of the code of practice in the way the Minister considers appropriate. Example — The Minister may publish the code on the department’s website. ‘(3) The notice made under subsection (2)(a) (the approval notice ) is subordinate legislation. ‘(4) A code of practice takes effect on the day the approval notice is notified in the gazette or, if an earlier or later day is stated in the approval notice as the day the code of practice takes effect, on that day. ‘(5) It is the responsibility of each declared entity and the State to ensure, to the extent a code of practice applies to the declared entity or the State, that the declared entity and the State act in conformity with the code.’. 86 Amendment of s 11 (Project direction) Section 11— insert— ‘(7) Despite subsection (1), the Minister may not give a project direction to the Coordinator-General.’. 87 Insertion of new s 11A Part 3, after section 11— Page 62 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 [s 88] insert — ‘11A Change of status or ownership ‘(1) The Minister may, by gazette notice (a GOC declaration ), do any or all of the following— (a) revoke the declaration of Queensland Rail as a government owned corporation; (b) revoke the declaration of the Port of Brisbane Corporation as a government owned corporation; (c) revoke the declaration of the Port of Brisbane Corporation as a port authority under the TransportInfrastructure Act 1994 . ‘(2) A GOC declaration has effect despite any other law or instrument. ‘(3) A GOC declaration has effect on the day it is published in the gazette or a later day stated in it. ‘(4) The cessation, under subsection (1), of an entity mentioned in the subsection as a government owned corporation or port authority is taken to be a thing done under this Act. ‘(5) Each of the following is taken to be a thing done under this Act— (a) the transfer of a share in a declared entity held by another declared entity or the State to any other person; (b) the issue of a share in a declared entity in accordance with a project direction given to the declared entity or its board.’. 88 Replacement of s 15 (Non-application of Property LawAct 1974, s 121) Section 15— omit, insert— 2010 Act No. 11 Page 63
Revenue and Other Legislation Amendment Act 2010 Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 [s 88] ‘15 Non-application of Property Law Act 1974, s 121 and pt 8, div 3 ‘(1) The Minister may, by gazette notice, declare a project dealing or a class of project dealings to be an exempt project dealing or exempt project dealings for this section. ‘(2) The Property Law Act 1974 , section 121 and part 8, division 3, does not apply to an exempt project dealing. ‘(3) This section applies despite any other law or instrument. ‘(4) In this section— project dealing means any lease granted or transferred to an entity in connection with a declared project. ‘15A Particular lease provisions about fixtures have force of law ‘(1) This section applies if— (a) in connection with a declared project— (i) a lease is granted, including by a transfer notice; or (ii) a declared entity enters into a lease in accordance with a project direction given to it or its board; and (b) the lease purports to lease or otherwise dispose of any thing that is on, under or above land, including a thing that, apart from this section, would form part of, or attach to, the land. ‘(2) The lease may provide for all or any of the following— (a) that the thing does not form part of, or attach to, the land on, under or above which the thing is situated regardless of whether or not the thing is a fixture; (b) that the thing is leased separately from the land on, under or above which the thing is situated; (c) that the thing is excluded from a lease of the land on, under or above which the thing is situated; Page 64 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 [s 88] (d) that the thing is treated as personal property and not as a fixture and that ownership of the thing does not vest in the owner of the land on, under or above which the thing is situated; (e) that the thing may be transferred or disposed of separately from the land on, under or above which the thing is situated. ‘(3) A provision of a lease mentioned in subsection (2) has the force of law as if the provision were an enactment of this Act. ‘(4) Subsection (3) applies despite any other law or instrument to the contrary. ‘15B Other lease provisions also have force of law ‘(1) This section applies if— (a) in connection with a declared project— (i) a lease is granted, including by a transfer notice; or (ii) a declared entity enters into a lease in accordance with a project direction given to it or its board; and (b) the lease provides for all or any of the following matters— (i) the prepayment of amounts, including rent, payable under the lease and the retention of the amounts by the lessor; (ii) the continuation of the lease, including the obligation to pay rent, despite the happening of unintended or unforeseen circumstances, including, for example, circumstances that would otherwise result in any obligations under the lease— (A) being incapable of performance; or (B) not being required to be performed; (iii) the circumstances under which the lease may be terminated; 2010 Act No. 11 Page 65
Revenue and Other Legislation Amendment Act 2010 Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 [s 89] (iv) the amounts payable, and the rights and obligations of the parties to the lease, in the event of a breach or termination of the lease; (v) the entitlement to, or the retention or application of, security; (vi) the ownership, or the vesting of ownership, of any real or personal property on termination of the lease; (vii) the liability of the lessor. ‘(2) A provision of a lease providing for a matter mentioned in subsection (1)(b) has the force of law as if the provision were an enactment of this Act. ‘(3) Subsection (2) applies despite any other law or instrument to the contrary.’. 89 Insertion of new s 17A Part 4, after section 17— insert— ‘17A Severability ‘(1) Subsection (2) applies if a provision of— (a) this Act; or (b) a transfer notice; or (c) a lease mentioned in section 15A or 15B; is held by a court or judge to be beyond power, invalid or unenforceable. ‘(2) The provision is to be disregarded or severed and the court’s or judge’s decision does not affect the remaining provisions of the Act, transfer notice or lease which continue to have effect. ‘(3) This section does not affect the operation of the ActsInterpretation Act 1954 , section 9 in any way.’. Page 66 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 [s 90] 90 Amendment of s 21 (Disclosure and use of information for a declared project) Section 21(3), after ‘a declared entity’— insert— ‘or the State’. 91 Amendment of s 24 (Preservation of rights of seconded employees) (1) Section 24(1)— omit, insert— ‘(1) This section applies if, under a transfer notice— (a) an employee of a declared entity (the employer ) is seconded to another declared entity or the State; or (b) an employee of the State (also the employer ) is seconded to a declared entity.’. (2) Section 24(4), ‘the other declared entity’— omit, insert— ‘the declared entity to which the employee is seconded’. 92 Amendment of s 25 (Preservation of rights of transferred employees) Section 25(1)— omit, insert— ‘(1) This section applies to the transfer, as part of a declared project, of— (a) an employee of a declared entity (the former employer ) to another declared entity or the State; or (b) an employee of the State (also the former employer ) to a declared entity.’. 2010 Act No. 11 Page 67
Revenue and Other Legislation Amendment Act 2010 Part 7 Amendment of Land Tax Act 1915 [s 93] 93 Amendment of schedule (Dictionary) Schedule— insert— ‘ Coordinator-General means the Coordinator-General under the StateDevelopmentandPublicWorksOrganisationAct1971 . Forestry Plantations Queensland Office means the public service office called by that name. lease includes any derivative under lease of the lease. Urban Land Development Authority means the Urban Land Development Authority established under the UrbanLandDevelopment Authority Act 2007 .’. Part 7 Amendment of Land Tax Act 1915 94 Act amended This part amends the Land Tax Act 1915. 95 Amendment of s 37 (Tax to be a first charge on land) Section 37(2) and (2A)— omit, insert— ‘(2) The commissioner may lodge a request to register the charge under the Administration Act, part 4, division 5.’. Page 68 2010 Act No. 11
Part 8 Revenue and Other Legislation Amendment Act 2010 Part 8 Amendment of Payroll Tax Act 1971 [s 96] Amendment of Payroll Tax Act 1971 96 Act amended This part amends the Payroll Tax Act 1971 . 97 Amendment of s 3 (Meaning of superannuation contribution ) (1) Section 3(1)(c)(i)— omit . (2) Section 3(1)(c)(ii) and (iii)— renumber as section 3(1)(c)(i) and (ii). 98 Replacement of s 9 (Wages liable to payroll tax) Section 9— omit , insert— ‘Subdivision 1 Wages liable to payroll tax ‘8A Application of sdiv 1 ‘(1) This subdivision applies for working out the wages paid or payable by an employer for services performed or rendered by a person that are liable to payroll tax under this Act. ‘(2) If wages are paid or payable for a person other than an employee, a reference to an employee in this subdivision includes a reference to the person. ‘9 Wages liable to payroll tax—nexus with Queensland ‘(1) Wages are liable to payroll tax under this Act if— 2010 Act No. 11 Page 69
Revenue and Other Legislation Amendment Act 2010 Part 8 Amendment of Payroll Tax Act 1971 [s 98] (a) the wages are paid or payable by an employer in relation to services performed or rendered by an employee entirely in Queensland; or (b) the wages are paid or payable by an employer in relation to services performed or rendered by an employee in 2 or more States, or partly in at least 1 State and partly outside all States, and— (i) the employee is based in Queensland; or (ii) if the employee is not based in a State—the employer is based in Queensland; or (iii) if both the employee and the employer are not based in a State—the wages are paid or payable in Queensland; or (iv) if both the employee and the employer are not based in a State and the wages are not paid or payable in a State—the wages are paid or payable for services performed or rendered mainly in Queensland; or (c) the wages are paid or payable by an employer in relation to services performed or rendered by an employee entirely outside all States and are paid or payable in Queensland. Note — Section 15A provides an exemption for wages paid or payable for services performed entirely in another country for a continuous period of more than 6 months. ‘(2) Subject to subsections (4) and (5), the question of whether wages are liable to payroll tax under this Act must be decided by reference only to the services performed or rendered by the employee for the employer during the month in which the wages are paid or payable. ‘(3) Wages paid or payable by an employer for an employee in a particular month are taken to be paid or payable in relation to the services performed or rendered by the employee for the employer during the month. Page 70 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 8 Amendment of Payroll Tax Act 1971 [s 98] Example — If wages paid in a month are paid to an employee for services performed or rendered over several months, the question of whether the wages are liable to payroll tax under this Act must be decided by reference only to the services performed or rendered by the employee in the month the wages are paid. The services performed or rendered in previous months are disregarded. However, the services performed or rendered in previous months are relevant to the question of whether wages paid in the previous months are liable to payroll tax under this Act. ‘(4) If no services are performed or rendered by an employee for an employer during the month in which wages are paid or payable in relation to the employee— (a) the question of whether the wages are liable to payroll tax under this Act must be decided by reference only to the services performed or rendered by the employee for the employer during the most recent earlier month in which the employee performed or rendered services for the employer; and (b) the wages are taken to be paid or payable in relation to the services performed or rendered by the employee for the employer in that most recent earlier month. ‘(5) If no services were performed or rendered by an employee for an employer during the month in which wages are paid or payable in relation to the employee or in any earlier month— (a) the wages are taken to be paid or payable in relation to services performed or rendered by the employee in the month in which the wages are paid or payable; and (b) the services are taken to have been performed or rendered at a place where it may reasonably be expected that the services of the employee for the employer will first be performed. ‘(6) All amounts of wages paid or payable in the same month by the same employer for the same employee must be aggregated for deciding whether the wages are liable to payroll tax under this Act. Example — 2010 Act No. 11 Page 71
Revenue and Other Legislation Amendment Act 2010 Part 8 Amendment of Payroll Tax Act 1971 [s 98] If 1 amount of wages is paid by an employer in a particular month in relation to services performed or rendered in Queensland, and another amount of wages is paid by the same employer in the same month in relation to services performed or rendered by the same employee in another State, the wages paid must be aggregated as if they were paid or payable in relation to all services performed or rendered by the employee in that month. Subsection (1)(b) would be applied to decide whether the wages are liable to payroll tax under this Act. ‘(7) If wages are paid in a different month from the month in which they are payable, the question of whether the wages are liable to payroll tax under this Act must be decided by reference to the earlier of the relevant months. ‘9A State in which employee is based ‘(1) For this Act, the State in which an employee is based is the State in which the employee’s principal place of residence is located. ‘(2) The State in which an employee is based must be decided by reference to the state of affairs existing during the month in which the relevant wages are paid or payable. ‘(3) If more than 1 State would qualify as the State in which an employee is based during a month, the State in which the employee is based must be decided by reference to the state of affairs existing on the last day of that month. ‘(4) An employee who does not have a principal place of residence is taken, for this Act, to be an employee who is not based in a State. ‘(5) If wages are paid or payable to a corporate employee, the State in which the corporate employee is based must be worked out under section 9B instead of this section, as if a reference in section 9B to an employer were a reference to the employee. ‘(6) In this section— corporate employee means a company— (a) taken to be an employee under section 13D or 13I; or Page 72 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 8 Amendment of Payroll Tax Act 1971 [s 98] (b) to whom a payment is made that is taken to be wages under section 13L or 50. ‘9B State in which employer is based ‘(1) For this Act, the State in which an employer is based is— (a) if the employer has an ABN—the State in which the employer’s registered business address is located; or (b) otherwise—the State in which the employer’s principal place of business is located. ‘(2) If wages are paid or payable in connection with a business carried on by an employer under a trust, the employer’s registered business address is— (a) if the trust has an ABN—the registered business address of the trust; or (b) otherwise—the registered business address of the trustee of the trust. ‘(3) If an employer has 2 or more registered business addresses located in different States at the same time, the State in which the employer is based at that time is the State in which the employer’s principal place of business is located. ‘(4) The State in which an employer is based must be decided by reference to the state of affairs existing during the month in which the relevant wages are paid or payable. ‘(5) If more than 1 State would qualify as the State in which an employer is based in a month, the State in which the employer is based must be decided by reference to the state of affairs existing on the last day of that month. ‘(6) An employer who has neither a registered business address nor a principal place of business is taken, for this Act, to be an employer who is not based in a State. ‘(7) In this section— 2010 Act No. 11 Page 73
Revenue and Other Legislation Amendment Act 2010 Part 8 Amendment of Payroll Tax Act 1971 [s 98] ABN means an ABN (Australian Business Number) under the A New Tax System (Australian Business Number) Act 1999 (Cwlth). registered business address means an address for service of notices under the A New Tax System (Australian Business Number) Act 1999 (Cwlth) as shown in the Australian Business Register kept under that Act. ‘9C Place and day of payment of wages ‘(1) For this Act, wages are taken to have been paid at a place if, for the payment of the wages— (a) an instrument is sent or given or an amount is transferred by an employer to a person or a person’s agent at the place; or (b) an instruction is given by an employer for the crediting of an amount to the account of a person or a person’s agent at the place. ‘(2) The wages are taken to have been paid on the day the instrument was sent or given, the amount was transferred, or the account was credited. ‘(3) Subject to subsection (4), wages are taken to be payable at the place they are paid. ‘(4) Wages that are not paid by the end of the month in which they are payable are taken to be payable at— (a) the place where wages were last paid by the employer for the employee; or (b) if wages have not previously been paid by the employer for the employee—the place where the employee last performed or rendered services for the employer before the wages became payable. ‘(5) If wages paid or payable in the same month by the same employer for the same employee are paid or payable in more than 1 State, the wages paid or payable in that month are taken Page 74 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 8 Amendment of Payroll Tax Act 1971 [s 99] to be paid or payable in the State in which the highest proportion of the wages are paid or payable. Note — Section 9 requires all wages paid or payable in the same month by the same employer for the same employee to be aggregated for deciding whether the wages are liable to payroll tax under this Act. Subsection (5) ensures only 1 State can be considered to be the State in which the wages are paid or payable. ‘(6) This section is subject to section 13W. ‘(7) In this section— instrument includes a cheque, bill of exchange, promissory note, money order, postal order issued by a post office or any other instrument. ‘Subdivision 2 Other provisions about imposing liability for payroll tax’. 99 Amendment of s 13W (Place where wages are paid or payable) Section 13W(2), note— omit . 100 ‘15A Insertion of new s 15A Part 2, division 2— insert— Exemption for services performed or rendered entirely in another country ‘The wages liable to payroll tax under this Act do not include wages paid or payable by an employer for an employee for services performed or rendered entirely in another country for a continuous period of more than 6 months after wages were first paid for the employee for the services.’. 2010 Act No. 11 Page 75
Revenue and Other Legislation Amendment Act 2010 Part 8 Amendment of Payroll Tax Act 1971 [s 101] 101 Insertion of new pt 9 After section 134— insert— ‘Part 9 Transitional provisions for Revenue and Other Legislation Amendment Act 2010 ‘Division 1 Interpretation ‘135 Definitions for pt 9 ‘In this part— amended Act means this Act as amended by the amending Act. amending Act means the RevenueandOtherLegislationAmendment Act 2010 , part 8, other than section 97 . pre-amended Act means this Act as it was in force from time to time before the commencement of this section. relevant employer means an employer by whom relevant wages are paid or payable and who— (a) if the employer lodged a final return before 1 July 2010 and paid, in compliance with the pre-amended Act, the employer’s liability for payroll tax in relation to the return—notifies the commissioner in writing of the amount of the relevant wages no later than 21 July 2010; or (b) otherwise—includes the relevant wages in a return lodged no later than 21 July 2010. relevant wages means wages— (a) paid or payable by an employer on or after 1 July 2009 but before 1 July 2010; and Page 76 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 8 Amendment of Payroll Tax Act 1971 [s 101] (b) that are not taxable wages under the pre-amended Act and are taxable wages under the amended Act. ‘Division 2 Application of amended Act and Administration Act ‘136 Application of amended Act ‘The amended Act applies, and is taken on and from 1 July 2009 to have applied, to wages paid or payable on or after 1 July 2009. ‘137 Exemption of penalty under s 90 ‘Section 90(2) does not apply in relation to a relevant employer’s liability for payroll tax under the amended Act for relevant wages. ‘138 Remission of unpaid tax interest and penalty tax under the Administration Act ‘The commissioner must remit the whole of any unpaid tax interest and penalty tax in relation to a relevant employer’s liability for payroll tax under the amended Act for relevant wages. Note— For the commissioner’s power to remit unpaid tax interest and penalty tax, see the Administration Act, section 60. ‘139 Exemption for offences ‘(1) This section applies if a relevant person does not comply with a requirement under this Act or the Administration Act in relation to relevant wages. ‘(2) The relevant person does not commit an offence against this Act or the Administration Act if— 2010 Act No. 11 Page 77
Revenue and Other Legislation Amendment Act 2010 Part 8 Amendment of Payroll Tax Act 1971 [s 101] (a) for a relevant person who lodged a final return before 1 July 2010 and paid, in compliance with the pre-amended Act, the relevant person’s liability for payroll tax in relation to the return—the relevant person notifies the commissioner in writing of the amount of the relevant wages no later than 21 July 2010; or (b) otherwise—the relevant person includes the relevant wages in a return lodged no later than 21 July 2010. ‘(3) In this section— relevant person means— (a) an employer by whom relevant wages were paid or payable; or (b) an administrator for an employer mentioned in paragraph (a). ‘140 Reassessment—final return included excluded wages ‘(1) This section applies if— (a) excluded wages are paid or payable by an employer; and (b) before 21 July 2010, the employer lodges a final return including all taxable wages under the pre-amended Act paid or payable by the employer for the final period. ‘(2) The employer may lodge a written application for a reassessment. ‘(3) If the employer lodges an application under subsection (2), the commissioner must make a reassessment of the employer’s final liability disregarding the excluded wages for working out the liability. Note — The Administration Act, sections 18 and 21 and part 4, division 2 apply for the reassessment and the refund of any excess tax paid by the employer. ‘(4) In this section— Page 78 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 8 Amendment of Payroll Tax Act 1971 [s 102] excluded wages means wages— (a) paid or payable by an employer on or after 1 July 2009 but before 1 July 2010; and (b) that are taxable wages under the pre-amended Act and are not taxable wages under the amended Act.’. 102 Amendment of schedule (Dictionary) (1) Schedule, definitions amended Act , amending Act and relevant employer— omit . (2) Schedule— insert— ‘ amended Act — (a) for part 7, see section 98; and (b) for part 9, see section 135. amending Act — (a) for part 7, see section 98; and (b) for part 9, see section 135. pre-amended Act , for part 9, see section 135. relevant employer — (a) for part 3, division 2, see section 58; and (b) for part 9, see section 135. relevant wages , for part 9, see section 135.’. 2010 Act No. 11 Page 79
Revenue and Other Legislation Amendment Act 2010 Part 9 Amendment of State Financial Institutions and Metway Merger Facilitation Act 1996 [s 103] Part 9 Amendment of State Financial Institutions and Metway Merger Facilitation Act 1996 103 Act amended This part amends the State Financial Institutions and MetwayMerger Facilitation Act 1996 . 104 Amendment of s 64 (Metway group companies’ articles to include certain provisions) (1) Section 64(1)(b)— omit, insert— ‘(b) the managing director to be ordinarily resident in Queensland.’. (2) Section 64(3)— omit . 105 Amendment of s 71 (Obligation for existing insurance liabilities) (1) Section 71(2), ‘If’— omit, insert— ‘Subject to subsection (3), if’. (2) Section 71— insert— ‘(3) The State’s obligation applies only to the amount that was, on the Metway amalgamation day, the maximum actual or contingent liability of SIF, or a wholly-owned subsidiary of SIF, for a policy or contract of insurance or indemnity mentioned in subsection (1).’. Page 80 2010 Act No. 11
Part 10 Revenue and Other Legislation Amendment Act 2010 Part 10 Amendment of Superannuation (State Public Sector) Act 1990 [s 106] Amendment of Superannuation (State Public Sector) Act 1990 106 Act amended This part amends the Superannuation(StatePublicSector)Act 1990 . 107 Amendment of s 13A (Continuation of eligibility for membership after transfer of employment) (1) Section 13A(1)(c), ‘either’— omit, insert— ‘any of the following apply’. (2) Section 13A(1)(c)(i), ‘; or’— omit, insert— ‘;’. (3) Section 13A(1)(c)(ii), ‘; and’— omit, insert— ‘;’. (4) Section 13A(1)(c)— insert— ‘(iii) the Minister declares, by gazette notice, that on becoming an employee of the new employer the person keeps all the person’s existing and accruing rights relating to superannuation; and’. (5) Section 13A— insert— ‘(4) To remove any doubt, it is declared that if, under subsection (2), this Act applies in relation to the person’s employment— (a) the person’s membership or entitlement to membership of the standard defined benefit category of the scheme is 2010 Act No. 11 Page 81
Revenue and Other Legislation Amendment Act 2010 Part 10 Amendment of Superannuation (State Public Sector) Act 1990 [s 108] unaffected by the change in the person’s employment; and (b) section 32N does not apply to the person. ‘(5) A gazette notice mentioned in subsection(1)(c)(iii) may have retrospective operation to the day the person becomes an employee of the new employer if the gazette notice provides for it. ‘(6) In this section— standard defined benefit category see section 32M.’. 108 Amendment of s 13AA (Continuation of eligibility for membership after employer ceases to be unit of State public sector) (1) Section 13AA(1)(c)— omit, insert— ‘(c) any of the following apply— (i) the relevant event happens under an Act that provides that, on the happening of the relevant event, the person keeps all the person’s existing and accruing rights relating to superannuation; (ii) the person and the employer each gives written notice to the board that he, she or it agrees to the person’s continued membership of the scheme; (iii) the Minister declares, by gazette notice, that, on the happening of the relevant event, the person keeps all the person’s existing and accruing rights relating to superannuation; and (d) for an employer who has given notice under paragraph (c)(ii)—the Minister approves the employer for this section.’. (2) Section 13AA— insert— Page 82 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 11 Amendment of Taxation Administration Act 2001 [s 109] ‘(3) While a notice declaring that the person is eligible for membership of the scheme is in force under section 13, the person or the employer may not revoke a notice given under subsection (1)(c)(ii). ‘(4) To remove any doubt, it is declared that if, under subsection (2), this Act applies in relation to the person’s employment— (a) the person’s membership or entitlement to membership of the standard defined benefit category of the scheme is unaffected by the happening of the relevant event; and (b) section 32N does not apply to the person. ‘(5) A gazette notice mentioned in subsection(1)(c)(iii) may have retrospective operation to the day of the happening of the relevant event if the gazette notice provides for it. ‘(6) In subsection (4)— standard defined benefit category see section 32M.’. Part 11 Amendment of Taxation Administration Act 2001 109 Act amended This part amends the Taxation Administration Act 2001. 110 Amendment of s 39 (General provision about refunds) (1) Section 39(2) to (4)— renumber as section 39(3) to (5) (2) Section 39— insert— ‘(2) A court or QCAT must not make an order relating to the refund that is inconsistent with subsection (1).’. 2010 Act No. 11 Page 83
Revenue and Other Legislation Amendment Act 2010 Part 11 Amendment of Taxation Administration Act 2001 [s 111] (3) Section 39(5), definition tax , ‘the tax is paid’— omit . 111 Insertion of new pt 4, div 5, sdiv 1A Part 4, division 5— insert— ‘Subdivision 1A Registration and release of charges ‘47A Definition for sdiv 1A ‘In this subdivision— registrar means the registrar of titles under the Land Title Act1994 or another person responsible for keeping a register of dealings in land. ‘47B Registration of charge over land ‘(1) This section applies if, under a revenue law, the commissioner may lodge a request to register a charge over land under this division. ‘(2) The commissioner may lodge the request, in the approved form, with the registrar. ‘(3) The registrar must register the charge over the land on lodgment of— (a) the request; and (b) a certificate of the commissioner stating there is, under a stated revenue law, a charge over the land for a stated outstanding amount of tax. ‘(4) The fee for registration of the charge is payable by the owner of the land. ‘47C Release of charge over land ‘(1) This section applies if, in relation to a registered charge— Page 84 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 11 Amendment of Taxation Administration Act 2001 [s 112] (a) the outstanding amount of tax is paid; or (b) under a reassessment, no tax is payable. ‘(2) The commissioner must, as soon as practicable after payment of the outstanding amount of tax or the reassessment, lodge with the registrar a request in the approved form to register the release of the charge. ‘(3) The registrar must register the release of the charge on lodgment of the request. ‘(4) This section does not prevent the commissioner requesting registration of the release of the charge in other circumstances. ‘(5) The fee for registration of the release of the charge is payable by the owner of the land. ‘(6) In this section— registered charge mean a charge registered— (a) before the commencement of this section—under a revenue law; or (b) on or after the commencement of this section—under section 47B. ‘47D Recovery of fees paid by commissioner ‘(1) This section applies if the commissioner pays, to the registrar, a fee mentioned in section 47B(4) or 47C(5). ‘(2) The commissioner may recover the amount of the fee from the person or persons liable for payment of the fee.’. 112 Amendment of s 54 (Unpaid tax interest) (1) Section 54(4)(aa)— insert — ‘(iii) if the liable party has not complied with the DutiesAct 2001 , section 471E—the date that is the same number of days before the due date for the self 2010 Act No. 11 Page 85
Revenue and Other Legislation Amendment Act 2010 Part 11 Amendment of Taxation Administration Act 2001 [s 113] assessment as the number of days in the period of non-compliance with the Duties Act 2001 , section 471E; or (iv) if subparagraphs (ii) and (iii) both apply—the date that is the same number of days before the due date for the self assessment as the total number of days of non-compliance; or’. (2) Section 54(5), after ‘(4)(aa)(ii)’— insert— ‘, (iii) and (iv)’. (3) Section 54— insert— ‘(7) In this section— liable party see the Duties Act 2001 , section 471A. total number of days of non-compliance means the total number of days worked out by adding the number of days in the period of non-compliance in (4)(aa)(ii) to the number of days in the period of non-compliance in (4)(aa)(iii).’. 113 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition approved form — omit . (2) Schedule 2— insert— ‘ approved form means— (a) for a request under part 4, division 5—the form approved by the registrar for the request; or (b) otherwise— (i) a form approved under section 153; or (ii) a form approved by the commissioner under a revenue law. Page 86 2010 Act No. 11
Revenue and Other Legislation Amendment Act 2010 Part 12 Amendment of Trans-Tasman Mutual Recognition (Queensland) Act 2003 [s 114] registrar , for part 4, division 5, subdivision 1A, see section 47A.’. (3) Schedule 2, definition primary tax , after ‘tax’— insert— ‘, levy’. Part 12 Amendment of Trans-Tasman Mutual Recognition (Queensland) Act 2003 114 Act amended This part amends the Trans-TasmanMutualRecognition(Queensland) Act 2003 . 115 Amendment of s 2 (Commencement) Section 2, ‘and 15 and the schedule’— omit. 116 Amendment of s 7 (Endorsing proposed regulations under the Commonwealth Act) Section 7(2)— omit, insert— ‘(2) A gazette notice under subsection (1) is subordinate legislation.’. 117 Omission of s 15 (Authorisation to make gazette notice) Section 15— omit. 2010 Act No. 11 Page 87
Revenue and Other Legislation Amendment Act 2010 Part 12 Amendment of Trans-Tasman Mutual Recognition (Queensland) Act 2003 [s 118] 118 Omission of schedule (Authorised gazette notice) Schedule— omit. © State of Queensland 2010 Page 88 2010 Act No. 11
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0