Revenue Legislation Amendment Act 2010 (No 2) (ACT)

Revenue Legislation Amendment Act 2010 (No 2)

A2010-20

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

Part 2Duties Act 1999

1. Legislation amended—pt 2  3

2. New section 73B  3

Part 3Payroll Tax Act 1987

1. Legislation amended—pt 3  4

2. Exempt wages

   
   

   New section 2F (1) (aa)  4

3. Section 2F (2) and note  4

4. Dictionary, note 2  5

Part 4Rates Act 2004

1. Legislation amended—pt 4  6

2. Definitions for pt 7

   
   

   Section 45, definition of eligible person, new paragraph (d)                  6

3. Section 45, definition of owner, new paragraph (a) (ia)  6

4. Section 45, new definition of special disability trust  6

5. Determination for deferral of rates on application

   
   

   New section 46 (2) (aa)  6

6. New section 46 (8)  7

7. Determination for deferral of rates without application

   
   

   New section 47 (4A)  7

8. Rebate of rates—capped

   
   

   New section 64 (4A)  7

9. Change in circumstances

   
   

   Section 67 (1A)  7

Revenue Legislation Amendment Act 2010 (No 2)

A2010-20

An Act to amend the Duties Act 1999, the Payroll Tax Act 1987 and the Rates Act 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Revenue Legislation Amendment Act 2010 (No 2).

2. Commencement

   This Act commences on the day after its notification day.

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

Part 2Duties Act 1999

1. Legislation amended—pt 2

   This part amends the Duties Act 1999.

2. New section 73B

   insert

73BTransfers etc to special disability trusts

(1)No duty is chargeable under this chapter on a dutiable transaction that is a transfer or grant of a residential lease if—

(a)the transfer or grant is to a special disability trust; and

(b)the commissioner is satisfied that the property the subject of the transfer or grant is to be used as the principal place of residence of the beneficiary of the trust.

(2)In this section:

special disability trust—see the Social Security Act 1991 (Cwlth), section 1209L.

Part 3Payroll Tax Act 1987

1. Legislation amended—pt 3

   This part amends the Payroll Tax Act 1987.

2. Exempt wages
   New section 2F (1) (aa)

   insert

   (aa)wages paid or payable in relation to any period when an employee takes part in activities under the Emergencies Act 2004 as—

   (i)a volunteer member of the rural fire service; or

   (ii)a volunteer member of the SES; or

   (iii)a volunteer member of a community fire unit; or

   (iv)a casual volunteer; or

   (v)an emergency services support volunteer;

3. Section 2F (2) and note

   substitute

   (2)However, wages mentioned in subsection (1) (aa) that are paid or payable as annual leave, long service leave or sick leave are not exempt wages.

   (3)A declaration is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

4. Dictionary, note 2

   insert

   ·     rural fire service

   ·     SES

Part 4Rates Act 2004

1. Legislation amended—pt 4

   This part amends the Rates Act 2004.

2. Definitions for pt 7
   Section 45, definition of eligible person, new paragraph (d)

   insert

   (d)a special disability trust.

3. Section 45, definition of owner, new paragraph (a) (ia)

   insert

   (ia)for a parcel held under a lease in trust for the beneficiary of a special disability trust—the special disability trust; or

4. Section 45, new definition of special disability trust

   insert

   special disability trust—see the Social Security Act 1991 (Cwlth), section 1209L.

5. Determination for deferral of rates on application
   New section 46 (2) (aa)

   insert

   (aa)that the owner is a special disability trust; or

6. New section 46 (8)

   insert

   (8)In subsection (5), the reference to an applicant is, if the applicant is a special disability trust, a reference to the trust beneficiary.

7. Determination for deferral of rates without application
   New section 47 (4A)

   insert

   (4A)If the owner of the parcel of land is a special disability trust—

   (a)a reference to the owner (first and second occurring) in subsection (4) (b) is taken to be a reference to the trust beneficiary; and

   (b)a reference to the owner in subsection (4) (b) (ii) is taken to be a reference to the trust.

8. Rebate of rates—capped
   New section 64 (4A)

   insert

   (4A)In subsection (2), if the person is a special disability trust, the condition in subsection (2) (b) will be satisfied if the parcel is the trust beneficiary’s principal place of residence for all or part of the year.

9. Change in circumstances
   Section 67 (1A)

   insert

   (1A)This section also applies to a special disability trust if—

   (a)the trust stops being the owner of the trust beneficiary’s principal place of residence; or

   (b)the trust beneficiary’s principal place of residence changes.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 6 May 2010.

2. Notification

   Notified under the Legislation Act on 6 July 2010.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Revenue Legislation Amendment Bill 2010 (No 2), which originated in the Legislative Assembly as the Revenue Legislation Amendment Bill 2010 and was passed by the Assembly on 22 June 2010.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2010