Revenue Legislation Amendment Act 2002 (No 2) (ACT)

Revenue Legislation Amendment Act 2002 (No 2)

Act 2002 No 48

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

Part 2First Home Owner Grant Act 2000

1. Act amended—pt 2  3

2. Criterion 4—Applicant (or applicant’s partner) must not have had relevant  interest in residential property
   New section 11 (3)  3

Part 3Payroll Tax Act 1987

1. Act amended—pt 3  4

2. Exemption from tax Section 9 (5)  4

Part 4Rates and Land Tax Act 1926

1. Act amended—pt 4  5

2. Interpretation for Act
   Section 4 (1), definitions of city area and commissioner                 5

3. Section 4 (1), remaining definitions  5

4. Section 4, remainder  5

5. Unimproved value
   Section 5 (1) (d) and (e)  6

6. Rateable lands
   Section 6 (1)  6

7. Section 6 (2)  6

8. Application of determination or redetermination to rates
   Section 11 (3) (b) and (c)  6

9. Imposition
   Section 13 (2) and (3)  6

10. Section 13 (3), definition of P  7

11. Section 13 (4)  7

12. Imposition of land tax
    Section 22A (2) (b)  7

13. Section 22A, table, column 4 heading  7

14. Exempt land
    Section 22B (1) (a)  8

15. Section 22B (1) (b)  8

16. Section 22B (8), definition of primary production  8

17. Section 22BB heading  8

18. Section 22BB (2)  8

19. New section 22BB (3)  8

20. Section 22GM heading  9

21. Section 22GM (1) (a)  9

22. Section 22GM (2)  9

23. New sections 34B and 34C  9

24. New dictionary  11

Revenue Legislation Amendment Act 2002 (No 2)

Act 2002 No 48

An Act to amend the First Home Owner Grant Act 2000, the Payroll Tax Act 1987 and the Rates and Land Tax Act 1926

Notified under the Legislation Act 2001 on 20 December 2002

(see Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Revenue Legislation Amendment Act 2002 (No 2).

2. Commencement

3. Part 4 commences on 1 July 2003.

4. The remaining provisions commence on the day after the notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2First Home Owner Grant Act 2000

1. Act amended—pt 2

   This part amends the First Home Owner Grant Act 2000.

2. Criterion 4—Applicant (or applicant’s partner) must not have had relevant  interest in residential property
   New section 11 (3)

   insert

3. An applicant is also ineligible if, before the commencement date of the relevant transaction, the applicant or the applicant’s partner—

   (a)held a relevant interest in residential property in the ACT or an interest in residential property in a State        that is a relevant interest under the corresponding law of the State; and

   (b)occupied the property as a place of residence.

Part 3Payroll Tax Act 1987

1. Act amended—pt 3

   This part amends the Payroll Tax Act 1987.

2. Exemption from tax
   Section 9 (5)

   substitute

3. In subsection (1) (g):

   prescribed person, in relation to an employer, means a person who was, for longer than 12 months immediately before starting employment with the employer—

   (a)unemployed; and

   (b)receiving an allowance under the Social Security Act 1991 (Cwlth) for that unemployment.

4. For subsection (5), definition of prescribed person, a period of not longer than 4 weeks, or periods totalling not longer than 4 weeks, when a person was employed, or was not receiving an allowance under the Social Security Act 1991 (Cwlth) for unemployment, must be disregarded in working out whether a period is a period of longer than 12 months mentioned in the definition.

Part 4Rates and Land Tax Act 1926

1. Act amended—pt 4

   This part amends the Rates and Land Tax Act 1926.

2. Interpretation for Act
   Section 4 (1), definitions of city area and commissioner

   omit

3. Section 4 (1), remaining definitions

   relocate to the dictionary

4. Section 4, remainder

   substitute

5. Dictionary

   The dictionary at the end of this Act is part of the Act.

   Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4ANotes

A note included in this Act is explanatory and is not part of the Act.

NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. Unimproved value
   Section 5 (1) (d) and (e)

   substitute

   (d)that the rent payable under the lease throughout the term of 99 years beginning on the relevant date was a nominal rent.

2. Rateable lands
   Section 6 (1)

   omit

3. All land

   substitute

   All land

4. Section 6 (2)

   omit

5. Application of determination or redetermination to rates
   Section 11 (3) (b) and (c)

   substitute

   (b)if section 10 (1) (b) applies—on the day of the relevant change of circumstances;

6. Imposition
   Section 13 (2) and (3)

   omit

   rateable land in the city area

   substitute

   residential or commercial land

7. Section 13 (3), definition of P

   substitute

   P         means—

   (a)for a parcel of residential land—0.7820%; or

   (b)for a parcel of commercial land—1.3356%.

8. Section 13 (4)

   omit

   rateable land outside the city area

   substitute

   rural land

9. Imposition of land tax
   Section 22A (2) (b)

   omit

   non-residential land

   substitute

   commercial land

10. Section 22A, table, column 4 heading

    omit

    non-residential land

    substitute

    commercial land

11. Exempt land
    Section 22B (1) (a)

    omit

    land leased for residential purposes to

    substitute

    residential land owned by

12. Section 22B (1) (b)

    substitute

    (b)a parcel of rural land;

13. Section 22B (8), definition of primary production

    omit    

14. Section 22BB heading

    substitute

22BBCommissioner must be told if land leased for residential purposes is rented

1. Section 22BB (2)

   omit

   , and is exempt from land tax under section 22B (1) (a),

2. New section 22BB (3)

   insert

3. Subsections (1) and (2) do not apply to a company.  

4. Section 22GM heading

   substitute

22GMImposition and assessment of rates—certain qualifying parcels of land

1. Section 22GM (1) (a)

   omit

   in the city area

2. Section 22GM (2)

   omit

   rateable land in the city area

   substitute

   residential or commercial land

3. New sections 34B and 34C

   insert

34BCertificate of rates, land tax and other charges

1. A person may apply to the commissioner for a certificate of—

   (a)the rates assessed to be payable under this Act for a parcel of land for the current financial year; and

   (b)the land tax assessed to be payable under this Act for the land for the current quarter; and

   (c)the rates, land tax and other amounts immediately payable to the Territory under this Act in relation to the land.

   Note 1A fee may be determined under s 36 (Determination of fees) for this section.

   Note 2If a form is approved under s 38 (Approved forms) for an application, the form must be used.

2. The commissioner must give the applicant a certificate—

   (a)stating the rates assessed to be payable under this Act for the land for the current financial year; and

   (b)stating the land tax assessed to be payable under this Act for the land for the current quarter; and

   (c)stating—

   (i)the rates, land tax and other amounts immediately payable to the Territory under this Act in relation to the land; or

   (ii)that no amounts are immediately payable to the Territory under this Act in relation to the land.

3. The certificate is conclusive proof for a genuine buyer for value of the matters certified.

4. For this section, rates, land tax and other amounts are taken to be payable immediately even though any necessary time after service of a notice may not have ended.

34CStatement of amounts payable and payments made

1. A person may apply to the commissioner for a statement of—

   (a)the amounts that became payable to the Territory under this Act in relation to a parcel of land in a stated financial year; and

   (b)the payments received by the Territory in that year for amounts that became payable under this Act in relation to the land.

   Note 1A fee may be determined under s 36 (Determination of fees) for this section.

   Note 2If a form is approved under s 38 (Approved forms) for an application, the form must be used.

2. The  commissioner must give the applicant the statement requested.

3. New dictionary

   insert

Dictionary

(see s 4)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act, dict, pt 1, defines the following terms:

·     commissioner for revenue

·     contravene

·     fail

·     financial year

·     person.

commercial land means rateable land that is not residential land or rural land.

commissioner means the commissioner for revenue.

primary production means—

(a)production resulting directly from—

(i)cultivation of land; or

(ii)keeping animals for sale of the animals, their bodily produce or their natural increase; or

(iii)fishing operations; or

(iv)forest operations; and

(b)the manufacture of dairy produce by the person who produced the raw material used in that manufacture.

residential land means rateable land—

(a)leased for residential purposes only; or

(b)leased for residential purposes and other purposes but used for residential purposes only.

rural land means rateable land—

(a)leased for the purpose of primary production only; or

(b)leased for the purpose of primary production and other purposes but used primarily for primary production.

year means a financial year.

Endnote

Republications of amended laws

For the latest republication of amended laws, see align="center">[Presentation speech made in Assembly on 14 November 2002]

I certify that the above is a true copy of the Revenue Legislation Amendment Bill 2002 (No 2) which was passed by the Legislative Assembly on 10 December 2002.

Clerk of the Legislative Assembly

© Australian Capital Territory 2002