Revenue Laws Amendment Act 2012 (WA)

Western Australia

Revenue Laws Amendment Act 2012

Western Australia

Revenue Laws Amendment Act 2012

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — *Duties Act 2008* amended
Division 1 — Preliminary
3.	Act amended	3
Division 2 — Amendments about winding up of

corporations and unit trust schemes

4.	Section 29 amended	3
5.	Section 194 amended	4
Division 3 — Other amendments to *Duties*

Act 2008

6.	Section 107 amended	5
7.	Section 142 amended	5
8.	Section 279 replaced	6

279. Use of transaction records in civil

proceedings

Part 3 — First Home Owner Grant

Act 2000 amended

9.	Act amended	8
10.	Section 13 amended	8
11.	Section 54A inserted	9

54A.

Recovery from garnishee

Revenue Laws Amendment Act 2012

Contents

Part 4 — Land Tax Assessment

Act 2002 amended

12.	Act amended	12
13.	Section 24A amended	12
14.	Section 25A amended	12
15.	Section 27A amended	12
Part 5 — *Pay-roll Tax Assessment*

Act 2002 amended

Division 1 — Preliminary

16.	Act amended	13
Division 2 — Amendments about shares and

options

17.	Section 9BA amended	13
18.	Section 9DA amended	13
19.	Section 9DB amended	14
20.	Section 9DC amended	15
21.	Section 9DD amended	15
22.	Section 9DE amended	17
23.	Section 9DF replaced	17

9DF.

Grant of share under exercise of option

24.	Section 9DG amended	17
25.	Schedule 1 amended	18
Division 2 — Provisions consequent on enactment

of Revenue Laws Amendment Act 2012 Part 5

Division 2

4. Assessment and payment of pay-roll tax in

relation to employee shares and options

5. Determination of vesting day and value of

employee shares and options

6. Shares and options granted on or after 1 July 2011 and before Revenue Laws Amendment Act 2012 received the Royal

Assent

26.	Glossary amended	20
Division 3 — Other amendments to *Pay-roll Tax*

Assessment Act 2002

27.	Section 25 amended	20
28.	Section 33 amended	21
29.	Section 36 amended	22

Revenue Laws Amendment Act 2012

Contents

30.	Section 41A amended	22
Part 6 — *Rates and Charges (Rebates*

and Deferments) Act 1992

amended

31.	Act amended	23
32.	Section 3 amended	23
33.	Section 5 amended	23
34.	Section 6 amended	24
35.	Section 23 amended	24
36.	Section 26 amended	25
Part 7 — *Stamp Act 1921* amended
37.	Act amended	26
38.	Section 8 amended	26
39.	Section 20 amended	26
Part 8 — *Taxation Administration*

Act 2003 amended

40.	Act amended	28
41.	Section 43 amended	28
42.	Section 76 amended	28
43.	Section 80 replaced	29

80. Certificate as to charge to secure unpaid

land tax

44.

Section 114 amended

Western Australia

Revenue Laws Amendment Act 2012

No. 29 of 2012

An Act to amend the following Acts —

•	the *Duties Act 2008*;
•	the *First Home Owner Grant Act 2000*;
•	the *Land Tax Assessment Act 2002*;
•	the *Pay-roll Tax Assessment Act 2002*;
•	the *Rates and Charges (Rebates and Deferments) Act 1992*;
•	the *Stamp Act 1921*;
•	the *Taxation Administration Act 2003*.

[Assented to 3 September 2012]

The Parliament of Western Australia enacts as follows:

Revenue Laws Amendment Act 2012

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Revenue Laws Amendment Act 2012.

2. Commencement

This Act comes into operation as follows —

(a)	Part 1 — on the day on which this Act receives the Royal Assent (*assent day*);
(b)	the heading to Part 2 and Part 2 Divisions 1 and 2 — are deemed to have come into operation on 1 December 2011;
(c)	the heading to Part 5 and Part 5 Divisions 1 and 2 — are deemed to have come into operation on 1 July 2011;
(d)	the heading to Part 8 and sections 40 and 42(4) — are deemed to have come into operation on 1 July 2009;
(e)	Parts 3, 4, 6 and 7 and the rest of Parts 2, 5 and 8 — on the day after assent day.

Revenue Laws Amendment Act 2012

Duties Act 2008 amended

Part 2

Preliminary

Division 1

s. 3

Part 2 — Duties Act 2008 amended

Division 1 — Preliminary

3. Act amended

This Part amends the Duties Act 2008.

Division 2 — Amendments about winding up of corporations

and unit trust schemes

4. Section 29 amended

(1)	In section 29(2):

(a)	in paragraph (a) in the definition of the variable “A” in subparagraph (ii)(II) delete “shareholder” and insert:

shareholder, or a person related to the shareholder,

(b)	in paragraph (b) in the definition of the variable “A” in subparagraph (ii)(II) delete “unit holder” and insert:

unit holder, or a person related to the unit holder,

(2)	In section 29(3) insert in alphabetical order:

person related, to a shareholder or unit holder, means that the person and the shareholder or unit holder are related persons within the meaning of section 162(1)(a)

to (g);

(3)	After section 29(3) insert:

(4A)	For the purposes of paragraph (a)(ii)(II) or (b)(ii)(II) of the definition of the variable “A” in subsection (2), the

Revenue Laws Amendment Act 2012

Part 2	Duties Act 2008 amended
Division 2	Amendments about winding up of corporations and unit trust schemes
s. 5
Commissioner may exclude part or all of the amount of any liability that a person related to a shareholder or unit holder, as the case requires, has assumed or discharged if the Commissioner is satisfied that it is appropriate to do so having regard to the application of subsection (2) to all other transfers of corporation or unit trust scheme property in respect of the same corporation or unit trust scheme.

5. Section 194 amended

(1)	In section 194(5)(b)(ii) delete “unit holder” and insert:
unit holder, or a person related to the shareholder or unit holder,
(2)	In section 194(6) insert in alphabetical order:

person related, to a shareholder or unit holder, means that the person and the shareholder or unit holder are related persons within the meaning of section 162(1)(a)

to (g);

(3)	After section 194(6) insert:

(7A)

For the purposes of subsection (5)(b)(ii), the

Commissioner may exclude part or all of the amount of

any liability that a person related to a shareholder or

unit holder, as the case requires, has assumed or

discharged if the Commissioner is satisfied that it is

appropriate to do so having regard to the application of

subsection (5) to all relevant acquisitions occurring as a

consequence of the winding up.

Revenue Laws Amendment Act 2012

Duties Act 2008 amended

Part 2

Other amendments to Duties Act 2008

Division 3

s. 6

Division 3 — Other amendments to Duties Act 2008

6. Section 107 amended

(1)

In section 107(2) delete “not, and will not, be carried” and

insert:

not been, and will not be, carried

(2)

After section 107(6) insert:

(7)	For the purposes of this section, in relation to an agreement for the transfer of dutiable property, the Taxation Administration Act 2003 section 17 applies as if —

(a)	despite subsection (1) of that section, a person is not entitled to apply for a reassessment —

(i) more than 5 years after the original assessment was made; or

(ii) more than 12 months after the day on which the agreement became a cancelled transaction,

whichever is the later; and

(b)	despite subsection (4) of that section, the Commissioner may only make a reassessment on an application if the application was made within that time.

7. Section 142 amended

(1)	Delete section 142(1)(b)(ii) and insert:

(ii) otherwise — $600 000,

and includes a transaction where, due to the operation of section 42(2) or (4), duty is not

Revenue Laws Amendment Act 2012

Part 2	Duties Act 2008 amended
Division 3	Other amendments to Duties Act 2008
s. 8

chargeable on the transfer of dutiable property

the subject of the transaction.

(2)	In section 142(2)(c) delete “transaction.” and insert:

transaction,

and includes a transaction where, due to the operation

of section 42(2) or (4), duty is not chargeable on the

transfer of dutiable property the subject of the

transaction.

8. Section 279 replaced

Delete section 279 and insert:

279. Use of transaction records in civil proceedings

(1)

Unless a transaction record for a dutiable transaction is

duty endorsed, then, other than in respect of criminal

proceedings, the transaction record is not available for

use in any proceedings before a court or tribunal.

(2)

Subsection (1) does not apply to a transaction record —

(a)	where the person that produces the transaction record is the person liable to pay the duty —

(i) if the transaction record has been transmitted to the Commissioner; or

(ii)	the transaction record will be transmitted to the Commissioner in

if the court or tribunal is satisfied that by the court or tribunal;

Revenue Laws Amendment Act 2012

Duties Act 2008 amended

Part 2

Other amendments to Duties Act 2008

Division 3

s. 8

(b)

where the person that produces the transaction duty —

(i) if the name and address of the person so liable and the transaction record have been transmitted to the Commissioner; or

(ii) if the court or tribunal is satisfied that the name and address of the person so liable and the transaction record will be

transmitted to the Commissioner in

accordance with arrangements approved

by the court or tribunal.

(3)	Subsection (1) does not apply to —

(a)	a duty endorsed duplicate of a transaction record for a dutiable transaction; or
(b)	an unexecuted copy of an instrument that effects a dutiable transaction or an instrument that evidences a dutiable transaction if a court or tribunal is satisfied that a transaction record for the dutiable transaction is duty endorsed.

Revenue Laws Amendment Act 2012

Part 3

First Home Owner Grant Act 2000 amended

Part 3 — First Home Owner Grant Act 2000 amended

9. Act amended

This Part amends the First Home Owner Grant Act 2000.

10. Section 13 amended

(1)	In section 13(2)(b) delete “subsection (3)” and insert:
subsection (6A)(a)
(2)	Delete section 13(3).
(3)	In section 13(5)(b) after “Commissioner” insert:
under subsection (6A)(b)
(4)	After section 13(5) insert:

(6A)	The Commissioner —

(a)	subsection (1) for a period of less than 6 months if, in the Commissioner’s opinion, there are good reasons why the applicant cannot

may approve of the applicant complying with 6 months; and

(b)	subsection (4) within a period of more than

may approve of the applicant complying with there are good reasons why the applicant cannot comply with subsection (4) within a period of 12 months.

Revenue Laws Amendment Act 2012

First Home Owner Grant Act 2000 amended	Part 3
s. 11

(5)

After section 13(6) insert:

(7)

The Commissioner may exercise a power under

subsection (6A) or (6) at any time including at a time

when the applicant has not complied with a residence

requirement.

(8)

If the Commissioner exercises a power under

subsection (6A), the required residence period or

take-up period, as the case requires, is taken always to

have been the period approved by the Commissioner.

(9)

If the Commissioner exercises a power under

subsection (6), the applicant is taken always to have

been exempt from the residence requirements.

(6)

After section 13(6)(a) insert:

and

11. Section 54A inserted

After section 53 insert:

54A.

Recovery from garnishee

(1) In this section —

liable person means a person who is liable under

section 53(2).

(2)	The Commissioner may serve a garnishee notice on a person (the *garnishee*) if the Commissioner believes on reasonable grounds that the garnishee —

(a)	holds or may receive money for or on account of a liable person; or

Revenue Laws Amendment Act 2012

Part 3

First Home Owner Grant Act 2000 amended

s. 11

(b)	is liable or may become liable to pay money to a liable person; or
(c)	has authority to pay money to a liable person.

(3)	A garnishee notice is a notice —

(a)	requiring the garnishee to pay money in the garnishee’s possession or control to which the liable person is or becomes entitled to the Commissioner up to the amount of a liability stated in the notice; and
(b)	fixing a time for payment (which cannot be before the time the liable person becomes entitled to the money).

(4)	The Commissioner may serve a garnishee notice even though the liable person’s entitlement to the money may be subject to unfulfilled conditions.
(5)	However, a garnishee notice served on the employer of a liable person can require the garnishee to pay to the Commissioner the wages payable by the garnishee to the liable person in respect of a period only to the extent of the amount by which the amount of the wages exceeds the amount of average earnings for that period calculated on the basis of statistics published in respect of the period by the government statistician.
(6)	The Commissioner must serve a copy of the garnishee notice on the liable person.
(7)	If the liability to which a garnishee notice relates is discharged wholly or partly before the time for payment under the notice and the discharge or partial discharge affects the amount to be recovered from the garnishee, the Commissioner must, by notice served on the garnishee and the liable person —

(a)	inform them of that fact; and

Revenue Laws Amendment Act 2012

First Home Owner Grant Act 2000 amended	Part 3
s. 11

(b)	state whether and, if so, how the garnishee’s obligation under the garnishee notice is affected by the discharge or partial discharge of the liability.

(8)

A garnishee who does not comply with a garnishee

notice commits an offence.

Penalty: a fine of $20 000.

(9)

A garnishee who is under an obligation to pay money

to the liable person is taken to have satisfied that

obligation to the extent of the payment made under the

garnishee notice.

Revenue Laws Amendment Act 2012

Part 4	Land Tax Assessment Act 2002 amended
s. 12

Part 4 — Land Tax Assessment Act 2002 amended

12. Act amended

This Part amends the Land Tax Assessment Act 2002.

13. Section 24A amended

In section 24A(4) delete “individual must” and insert:

Commissioner may require the individual to

14. Section 25A amended

In section 25A(4) delete “individual must” and insert:

Commissioner may require the individual to

15. Section 27A amended

In section 27A(4) delete “owner must” and insert:

Commissioner may require the owner to

Revenue Laws Amendment Act 2012

Pay-roll Tax Assessment Act 2002 amended

Part 5

Preliminary

Division 1

s. 16

Part 5 — Pay-roll Tax Assessment Act 2002 amended

Division 1 — Preliminary

16. Act amended

This Part amends the Pay-roll Tax Assessment Act 2002.

Division 2 — Amendments about shares and options

17. Section 9BA amended

In section 9BA(1) delete “the value of which is taken to be

wages” and insert:

that constitutes wages

18. Section 9DA amended

Delete section 9DA(1) and (2) and insert:

(1)	For the purposes of this Act —

wages include the grant of a share or an option to an

employee by an employer in respect of services

performed by the employee if the share or option —

(a)	is an ESS interest within the meaning of the Income Tax Assessment Act 1997 (Commonwealth) section 83A-10; and
(b)	is granted to the employee under an employee share scheme within the meaning of that section.

Note:

A grant of a share or an option to an employee by an employer that is

not an ESS interest will be taxable as a fringe benefit under

Subdivision 2.

Revenue Laws Amendment Act 2012

Part 5	Pay-roll Tax Assessment Act 2002 amended
Division 2	Amendments about shares and options
s. 19

(2)	A share or an option is granted to a person if —

(a)	another person transfers the share or option to that person (other than, in the case of a share, by issuing the share to that person); or
(b)	in the case of a share — another person allots the share to that person; or
(c)	in the case of an option — another person confers the option on, or otherwise creates the option in, that person; or
(d)	the person otherwise acquires a legal interest in the share or option from another person; or
(e)	the person acquires a beneficial interest in the share or option from another person.

(3A)	To avoid doubt, if an employee acquires a right to be granted a share or an option, or some other material benefit, at the employer’s election, the share or option is not granted until the employer elects to grant the share or option.

19. Section 9DB amended

(1)

Delete section 9DB(2) and insert:

(2)	The *vesting day* in respect of a share is the earlier of the following days —

(a)

the day on which the share vests in the employee (that is, when any conditions applying to the grant of the share have been met

and the employee’s legal or beneficial interest

in the share cannot be rescinded);

(b)

the day at the end of the period of 7 years from the day on which the share is granted to the employee.

Revenue Laws Amendment Act 2012

Pay-roll Tax Assessment Act 2002 amended

Part 5

Amendments about shares and options

Division 2

s. 20

(2)	In section 9DB(3):

(a)	in paragraph (b) delete “vest in him or her.” and insert:

vested in the employee;

(b)

after paragraph (b) insert:

(c)	the day at the end of the period of 7 years from the day on which the option is granted to the employee.

20. Section 9DC amended

(1)	Delete section 9DC(1)(a) and insert:

(a)	an employer grants a share or an option to an employee; and

(2)	Delete section 9DC(2)(a) and insert:

(a)	an employer grants a share or an option to an employee; and

21. Section 9DD amended

(1)

Delete section 9DD(1) and insert:

(1)	In this section —

Commonwealth income tax provisions means the

Income Tax Assessment Act 1997 (Commonwealth)

section 83A-315 and the regulations made for the

purposes of that section.

Note:

See the Income Tax Assessment Regulations 1997 (Commonwealth)

Division 83A for the relevant regulations.

Revenue Laws Amendment Act 2012

Part 5	Pay-roll Tax Assessment Act 2002 amended
Division 2	Amendments about shares and options
s. 21

(2)

In section 9DD(2) delete “taken to be wages under this

Subdivision is the market value” and insert:

is the value

(3)

Delete section 9DD(3) and (4) and insert:

(3)	The value of a share or an option is —

(a) the market value; or

(b)	the amount determined as provided for by the Commonwealth income tax provisions.

(4)	The employer may elect the method by which the value of a share or an option is determined in any return lodged under this Act.
(5)	However, the Commissioner may determine the method by which the value of a share or an option is determined if the grant of the share or option is not included as wages in a return lodged by an employer as required by this Act.
(6)	In determining the market value of a share or an option, anything that would prevent or restrict conversion of the share or option to money is to be disregarded.
(7)	The Commonwealth income tax provisions apply with the following modifications, and any other necessary modifications —

(a)	the value of an option is to be determined as if it were a right to acquire a beneficial interest in a share;
(b)	a reference to the acquisition of a beneficial interest in a share or right is to be read as a reference to the grant of a share or an option.

Revenue Laws Amendment Act 2012

Pay-roll Tax Assessment Act 2002 amended

Part 5

Amendments about shares and options

Division 2

s. 22

22. Section 9DE amended

(1)

In section 9DE(1) delete “the value of which is taken to be

wages under this Subdivision”.

(2)

In section 9DE(2)(a) delete “employee the value of which is

taken to be wages under this Subdivision; and” and insert:

employee; and

23. Section 9DF replaced

Delete section 9DF and insert:

9DF.

Grant of share under exercise of option

The grant of a share by an employer does not constitute

wages for the purposes of this Act if —

(a)	the employer is required to grant the share as a consequence of the exercise of an option by a person; and
(b)	the grant of the option to the person constitutes wages for the purposes of this Act.

24. Section 9DG amended

(1)

Delete section 9DG(1) and insert:

(1)	For the purposes of this Act —

wages include the grant of a share or an option by a company to a director of the company who is not an employee of the company by way of remuneration for

the appointment or services of the director.

Revenue Laws Amendment Act 2012

Part 5	Pay-roll Tax Assessment Act 2002 amended
Division 2	Amendments about shares and options
s. 25

(2)

In section 9DG(2) delete “the purposes of subsection (1),” and

insert:

that purpose,

(3)

After section 9DG(3) insert:

(4)	However, if wages referred to in this section are fringe benefits, the value of the wages is to be determined in accordance with Subdivision 2 and not this

Subdivision.

25. Schedule 1 amended

After Schedule 1 clause 3 insert:

Division 2 — Provisions consequent on enactment of Revenue Laws Amendment Act 2012 Part 5 Division 2

4. Assessment and payment of pay-roll tax in relation to employee shares and options

Anything done or omitted to be done by an employer in

connection with the assessment and payment of pay-roll tax,

in respect of a month occurring after June 2009 and before

July 2011, that would have been validly done or omitted to

be done had the amendments made to this Act by the

Revenue Laws Amendment Act 2012 Part 5 Division 2 been

in force, is taken to have been validly done or omitted.

Note:

This provision validates a decision by an employer to treat the grant of

a share or an option to an employee that is not an ESS interest as a

fringe benefit under Part 2 Division 2A Subdivision 2 and to determine

the value of those fringe benefits in accordance with those provisions,

rather than by reference to Part 2 Division 2A Subdivision 4.

Revenue Laws Amendment Act 2012

Pay-roll Tax Assessment Act 2002 amended

Part 5

Amendments about shares and options

Division 2

s. 25

5. Determination of vesting day and value of employee shares and options

(1)	In this clause —
*assessment amendments* means the amendments made by the Revenue Laws Amendment Act 2012 sections 19 and 21;
*new section 9DA* means section 9DA as amended by the Revenue Laws Amendment Act 2012 section 18;
*old section 9DA* means section 9DA as in force immediately before 1 July 2011;
*relevant day* has the meaning given in section 9DA(4).
(2)	Part 2 Division 2A Subdivision 4 continues to apply in respect of a share or an option granted before 1 July 2011 that constituted wages under old section 9DA, whether or not the grant of the share or option would constitute wages under new section 9DA, if the relevant day in relation to the grant of the share or option is not a day occurring before 1 July 2011.
Note:	For example, a share granted before 1 July 2011 that is not an ESS interest continues to be treated as wages under Part 2 Division 2A Subdivision 4 if the vesting day for the share did not occur before 1 July 2011 and the employer did not elect to treat the day of the grant as the relevant day.
(3)	Sections 9DB and 9DD as amended by the assessment amendments apply in respect of any such share or option.
(4)	Accordingly, the vesting day and the value of the share or option are to be determined in accordance with those sections as amended by the assessment amendments.
(5)	This clause does not apply in respect of a share or an option granted before 1 July 2011 if the liability for pay-roll tax in respect of the grant is determined in accordance with Part 2 Division 2A Subdivision 2 (as permitted by clause 4).

Revenue Laws Amendment Act 2012

Part 5	Pay-roll Tax Assessment Act 2002 amended
Division 3	Other amendments to Pay-roll Tax Assessment Act 2002
s. 26

6. Shares and options granted on or after 1 July 2011 and before Revenue Laws Amendment Act 2012 received the Royal Assent

Subject to the Taxation Administration Act 2003

section 17(4), if an employer granted a share or an option to

a person —

(a)	on or after 1 July 2011; and
(b)	before the Revenue Laws Amendment Act 2012 received the Royal Assent,

the Commissioner must make any reassessment necessary to

give effect to this Act as amended by the Revenue Laws

Amendment Act 2012 Part 5 Division 2.

26. Glossary amended

In the Glossary delete the definition of share and insert:

share means a share in a company and includes a stapled

security;

Division 3 — Other amendments to Pay-roll Tax Assessment

Act 2002

27. Section 25 amended

After section 25(1) insert:

(2A)	The Commissioner may register an employer, although the employer has not applied for registration under section 24, if it appears to the Commissioner that the employer is, or is likely to become, liable to pay pay-roll tax.

Revenue Laws Amendment Act 2012

Pay-roll Tax Assessment Act 2002 amended

Part 5

Other amendments to Pay-roll Tax Assessment Act 2002

Division 3

s. 28

(2B)

If the Commissioner registers an employer under subsection (2A), the Commissioner must give the employer notice of the registration.

(2C)

The Commissioner is taken always to have been

entitled to register an employer on his or her own

initiative under this Act or the Pay-roll Tax Assessment

Act 1971, and any such registration before the coming

into operation of the Revenue Laws Amendment

Act 2012 section 27 is, and is taken always to have

been, a valid and effective registration.

28. Section 33 amended

Delete section 33(1) and insert:

(1)	A person has, or persons have together, a controlling interest in a business carried on by a corporation if —

(a)	the person, or each of the persons, is a director of the corporation and the person is, or the persons are together, entitled to exercise more than 50% of the voting power at meetings of the directors of the corporation; or
(b)	a director that is, or directors that are together, entitled to exercise more than 50% of the voting power at meetings of the directors of the corporation is or are under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person or of those persons acting together.

Revenue Laws Amendment Act 2012

Part 5	Pay-roll Tax Assessment Act 2002 amended
Division 3	Other amendments to Pay-roll Tax Assessment Act 2002
s. 29

29. Section 36 amended

Delete section 36(2) and insert:

(2)	If 2 or more members of a group (called a *smaller* *group* for the purposes of subsection (3)) have together a controlling interest in a business, all the members of the group and the person or persons who carry on the business together constitute one group for the purposes of this Act.

30. Section 41A amended

In section 41A(4) delete “employee’s normal rate of pay.” and

insert:

rate of pay per pay period that the employee would

ordinarily be paid, irrespective of the actual period of

leave.

Note:	For example, the exemption may apply to wages paid or payable for a 28 week period of maternity leave if the wages are paid at half the rate at which the wages would normally be paid or payable to the
employee.

Revenue Laws Amendment Act 2012

Rates and Charges (Rebates and Deferments) Act 1992

Part 6

amended

s. 31

Part 6 — Rates and Charges (Rebates and Deferments)

Act 1992 amended

31. Act amended

This Part amends the Rates and Charges (Rebates and

Deferments) Act 1992.

32. Section 3 amended

(1)	In section 3(1) insert in alphabetical order:

senior’s card department means the department of the

Public Service that is administratively responsible for

issuing and cancelling senior’s cards on behalf of the

State;

(2)	In section 3(1) in the definition of *senior’s card* delete paragraph (b) and insert:

(b)	is issued to the holder by the senior’s card department;

33. Section 5 amended

In section 5 delete “Director of the Office of Seniors’ Interests

in the State.” and insert:

chief executive officer of the senior’s card department.

Revenue Laws Amendment Act 2012

Part 6

Rates and Charges (Rebates and Deferments) Act 1992

amended

s. 34

34. Section 6 amended

(1)	In section 6(3):

(a)	after “payable to that person,” insert:

or that the person is entitled to be provided with

treatment,

(b)

delete paragraph (a) and insert:

(a)	to a person, valid for 5 years, if satisfied that —

(i) the person is receiving a pension to which section 23(2) applies; or

(ii) the person meets the criteria referred to in section 23(4A)(a); or

(iii)

the person is receiving the Special Rate section 23(4A)(b); or

(iv) the person is entitled to be provided with the treatment referred to in section 23(4A)(c),

regardless of the income or assets of that

person; and

35. Section 23 amended

After section 23(3) insert:

(4A)

Subject to this Act, a person is eligible to apply to the

administrative authority to have their entitlement in

relation to any land registered if a prescribed charge is

payable on that land, on sufficient evidence of

eligibility being accepted by the administrative

authority under section 26, so long as under the

Revenue Laws Amendment Act 2012

Rates and Charges (Rebates and Deferments) Act 1992

Part 6

amended

s. 36

Military Rehabilitation and Compensation Act 2004

(Commonwealth) that person —

(a)	meets the criteria listed in section 199(1) of that Act; or
(b)	is receiving a Special Rate Disability Pension under Chapter 4 Part 6 of that Act instead of compensation worked out under Chapter 4 Part 4 Division 2 of that Act; or
(c)	under section 284 of that Act, is entitled to be provided with treatment under Chapter 6 Part 3 of that Act,

regardless of the income or assets of that person.

36. Section 26 amended

In section 26(1)(c)(ii) delete “23(3)” and insert:

23(3), 23(4A)

Revenue Laws Amendment Act 2012

Part 7	Stamp Act 1921 amended
s. 37

Part 7 — Stamp Act 1921 amended

37. Act amended

This Part amends the Stamp Act 1921.

38. Section 8 amended

In section 8(2) after “Except” insert:

in section 20 and

39. Section 20 amended

After section 20(8) insert:

(9A)	For the purposes of subsection (8), in respect of a matter included in a general conditional contract that has not been, and will not be, carried into effect, the Taxation Administration Act 2003 section 17 applies as if —

(a)	despite subsection (1) of that section, a person is not entitled to apply for a reassessment —

(i) more than 5 years after the original assessment was made; or

(ii) more than 12 months after cancellation day,

whichever is the later; and

(b)	despite subsection (4) of that section, the Commissioner may only make a reassessment on an application if the application was made within that time.

(9B)	Subsection (9A) applies in relation to a matter included in a general conditional contract only if the day on which the contract is rescinded, annulled, abandoned or

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Stamp Act 1921 amended	Part 7
s. 39

otherwise terminated without completion is on or after

the day on which the Revenue Laws Amendment

Act 2012 section 39 comes into operation.

Revenue Laws Amendment Act 2012

Part 8

Taxation Administration Act 2003 amended

Part 8 — Taxation Administration Act 2003 amended

40. Act amended

This Part amends the Taxation Administration Act 2003.

41. Section 43 amended

In section 43(2ab) delete “Treasurer —” and insert:

Minister —

42. Section 76 amended

(1)

Delete section 76(1) and insert:

(1)	As from the time it becomes payable under the Land Tax Assessment Act 2002 section 7(1), land tax is a charge on the land for which the tax is payable —

(a)	whether or not an assessment notice has been issued for the tax; and
(b)	whether or not the tax is due for payment; and
(c)	whether or not a memorial of the charge has been registered; and
(d)	whether or not the land is disposed of,

but ceases to be such a charge when it is paid.

(2)

Delete section 76(4).

(3)

Delete section 76(6) and insert:

(6)	If there is a disposition of the land before the tax is paid, the new owner becomes jointly liable with the

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Taxation Administration Act 2003 amended	Part 8
s. 43

taxpayer to pay the tax except to the extent

section 80(3) provides otherwise.

(4)

In section 76(7)(b) delete “unimproved” (each occurrence) and

insert:

taxable

43. Section 80 replaced

Delete section 80 and insert:

80. Certificate as to charge to secure unpaid land tax

(1)

An owner of land or a person intending to purchase

land may apply to the Commissioner for a certificate as

to the matters in subsection (2).

(2)

On receiving such an application, the Commissioner

must issue a certificate that —

(a)	states whether, on the date of the certificate, there is a charge on the land under section 76; and
(b)	if there is such a charge and it relates to land tax for which an assessment notice has been issued, states the amount of unpaid land tax secured by the charge as at that date; and
(c)

if there is such a charge and it relates to land issued, estimates the amount of land tax that will be assessed.

(3) If —

(a)	a certificate issued under subsection (2) states there is a charge on the land under section 76

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Part 8	Taxation Administration Act 2003 amended
s. 44

and states the amount of unpaid land tax

secured by the charge and does not estimate an

amount of land tax that will be assessed; and

(b)	the amount of land tax payable in respect of the land increases or decreases,

then any new owner who under section 76(6) is jointly liable for unpaid land tax is liable for not more than the amount stated in the certificate.

(4)	If a certificate issued under subsection (2) estimates the amount of land tax that will be assessed —

(a)	the certificate does not prevent the Commissioner from assessing an amount of land tax different to the estimate; and
(b)	the amount of land tax assessed, even if it is different to that estimated, is the amount in respect of which a charge on the land arises under section 76; and
(c)	the amount of land tax assessed, even if it is different to that estimated, is the amount for which any new owner is jointly liable under section 76(6).

(5)	The prescribed fees are payable for the issue of a certificate under subsection (2).

44. Section 114 amended

Delete section 114(3)(c) and insert:

(c)	the disclosure of information or material to —

(i) an officer of the department of the Public Service principally assisting the Minister to administer this Act; or

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Taxation Administration Act 2003 amended	Part 8
s. 44

(ii) an officer of the department of the Public Service principally assisting the Treasurer;