Revenue Legislation Amendment Regulation (No. 1) 2010 (Qld)

Queensland Revenue Legislation Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 9 made under the Duties Act 2001 First Home Owner Grant Act 2000 Taxation Administration Act 2001 Contents Part 1 1 Part 2 2 3 4 5 6 Part 3 7 8 9 Part 4 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of Duties Regulation 2002 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of s 5 (Apportionment of premiums). . . . . . . . . . . . . 2 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5A Duty payable on travel insurance . . . . . . . . . . . . . . . . 2 Replacement of sch 2 (Apportionment of premiums) . . . . . . . . . . 2 Schedule 2 Apportionment of premiums Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of First Home Owner Grant Regulation 2000 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendment of s 3 (Declaration of relevant interests—Act, s 8) . . 11 Insertion of new s 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 Relevant interest for s 3(1)(e) . . . . . . . . . . . . . . . . . . . 12 Amendment of Taxation Administration Regulation 2002 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of sch 1 (Recognised laws) . . . . . . . . . . . . . . . . . . . 13

Revenue Legislation Amendment Regulation (No. 1) 2010 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Revenue Legislation Amendment Regulation (No. 1) 2010 . Part 2 Amendment of Duties Regulation 2002 2 Regulation amended This part amends the Duties Regulation 2002 . 3 Amendment of s 5 (Apportionment of premiums) Section 5(2), ‘about a class of insurance’— omit. 4 Insertion of new s 5A After section 5— insert— ‘5A Duty payable on travel insurance ‘Duty is payable on 10% of the premium received, for a travel policy mentioned in schedule 2, item 43(a), for travel outbound from Australia including baggage.’. 5 Replacement of sch 2 (Apportionment of premiums) Schedule 2— omit, insert— Page 2 2010 SL No. 9

‘Schedule 2 Revenue Legislation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Duties Regulation 2002 [s 5] Apportionment of premiums section 5 Class of insurance Way apportioned 1 Aviation non-ownership liability State in which the insured person resides 2 Aviation hull, aviation hull third party property liability and aviation hull personal liability— (a) high capacity regular public Number of take-offs and transport aircraft. . . . . . . . . landings in the previous year in each State for all aircraft covered by the policy (whether operated by the insured person or by a subsidiary) (b) another aircraft . . . . . . . . . . State in which the aircraft is usually located or stored in a hangar (whether operated by the insured person or by a subsidiary) 3 Bloodstock . . . . . . . . . . . . . . . . . State in which the bloodstock is usually located 4 Boiler explosion . . . . . . . . . . . . . Value of property or sum insured or exposure level for each State 2010 SL No. 9 Page 3

Revenue Legislation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Duties Regulation 2002 [s 5] Class of insurance Way apportioned 5 Burglary . . . . . . . . . . . . . . . . . . . Value of property or sum insured or exposure level for each State 6 Business interruption . . . . . . . . . Reasonably estimated profit revenue, fees, rent or other business measurement factor for each State 7 Care, custody and control of State in which the bloodstock bloodstock . . . . . . . . . . . . . . . . . is usually located 8 Cash in transit . . . . . . . . . . . . . . Number of premises or value of property or sum insured or exposure level for each State 9 Company reimbursement . . . . . . Estimated salaries and wages or number of persons working in each State 10 Comprehensive crime policy . . . Estimated salaries and wages or number of persons working in each State 11 Contract works . . . . . . . . . . . . . . Value of property or sum insured or exposure level for each State 12 Contractors risk . . . . . . . . . . . . . Value of property or sum insured or exposure level for each State Page 4 2010 SL No. 9

Revenue Legislation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Duties Regulation 2002 [s 5] Class of insurance Way apportioned 13 Crop . . . . . . . . . . . . . . . . . . . . . . Value of property or sum insured or exposure level for each State 14 Deterioration of stock. . . . . . . . . Value of property or sum insured or exposure level for each State 15 Directors and officers . . . . . . . . . Estimated turnover, sales or number of persons working in each State 16 Disability— (a) individual . . . . . . . . . . . . . . State in which the business is registered or State in which the insured person resides (b) group . . . . . . . . . . . . . . . . . State in which the business is registered or State in which the insured person resides 17 Fidelity guarantee. . . . . . . . . . . . Estimated salaries and wages or number of persons working in each State 18 Fire . . . . . . . . . . . . . . . . . . . . . . Value of property or sum insured or exposure level for each State 19 General property . . . . . . . . . . . . Value of property or sum insured or exposure level for each State 2010 SL No. 9 Page 5

Revenue Legislation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Duties Regulation 2002 [s 5] Class of insurance Way apportioned 20 Home building and contents . . . Value of property or sum insured or exposure level for each State 21 Industrial special risk— (a) property . . . . . . . . . . . . . . . Value of property or sum insured or exposure level for each State (b) consequential loss . . . . . . . Reasonably estimated profit revenue, fees, rent or other business measurement factor for each State 22 Legal expense insurance . . . . . . Estimated salaries and wages or number of persons working in each State 23 Livestock . . . . . . . . . . . . . . . . . . State in which the livestock is usually located 24 Loss of profits . . . . . . . . . . . . . . Reasonably estimated profit revenue, fees, rent or other business measurement factor for each State 25 Machinery breakdown (including Value of property or sum computers and engineering) . . . . insured or limit of liability declared for each State 26 Marine— Page 6 2010 SL No. 9

Revenue Legislation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Duties Regulation 2002 [s 5] Class of insurance Way apportioned (a) builders risk . . . . . . . . . . . . (b) carriers legal liability, charterer’s liability and hull liability for coastal and international shipping. . . . . . (c) private pleasure craft . . . . . Value of property or sum insured or exposure level for each State State which is the predominant location of the vessel State in which the vessel is registered or State in which the insured person resides 27 Medical indemnity . . . . . . . . . . . Subscriptions paid in each State 28 Money . . . . . . . . . . . . . . . . . . . . Number of premises or value of property or sum insured or exposure level for each State 29 Mortgage insurance— (a) if security consists of 2 or Value of property located in more properties located in each State different States . . . . . . . . . . (b) otherwise . . . . . . . . . . . . . . State in which the property is usually located 30 Motor vehicle, including extended warranty insurance— (a) commercial motor vehicle . State in which vehicle is registered or taken to be registered (b) private use motor vehicle . . State in which vehicle is usually located or stored in a garage 2010 SL No. 9 Page 7

Revenue Legislation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Duties Regulation 2002 [s 5] Class of insurance Way apportioned (c) federal interstate motor vehicle . . . . . . . . . . . . . . . . (d) unregistered motor vehicle. State in which vehicle is registered or taken to be registered State in which vehicle is usually located or stored in a garage 31 Non-appearance—entertainment Ticket sales in each State industry . . . . . . . . . . . . . . . . . . . 32 Occupational—professional Estimated salaries and wages indemnity . . . . . . . . . . . . . . . . . . or number of persons working in each State or reasonably estimated profit revenue, fees or rent for each State 33 Personal accident and illness— (a) individual . . . . . . . . . . . . . . State in which the business is registered or State in which the insured person resides (b) group . . . . . . . . . . . . . . . . . State in which the business is registered or State in which the insured person resides 34 Personal liability— (a) individual . . . . . . . . . . . . . . State in which the insured person resides (b) business . . . . . . . . . . . . . . . State in which the business is registered Page 8 2010 SL No. 9

Revenue Legislation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Duties Regulation 2002 [s 5] Class of insurance Way apportioned 35 Personal property . . . . . . . . . . . . Value of property or sum insured or exposure level for each State 36 Pluvius . . . . . . . . . . . . . . . . . . . . Value of property or sum insured or exposure level for each State 37 Public liability, product liability Estimated salaries and wages, or broadform . . . . . . . . . . . . . . . number of persons working in each State, turnover or sales, floor area units, number of premises or rent for each State 38 Railway property or public Number of kilometres liability . . . . . . . . . . . . . . . . . . . . travelled by the rolling stock in each State in the 12 month period immediately before the insurance policy’s inception or renewal 39 Sprinkler leakage . . . . . . . . . . . . Value of property or sum insured or exposure level for each State 40 Strata unit . . . . . . . . . . . . . . . . . . Value of property or sum insured or exposure level for each State 41 Title insurance . . . . . . . . . . . . . . State in which the property is located 2010 SL No. 9 Page 9

Revenue Legislation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Duties Regulation 2002 [s 6] Class of insurance Way apportioned 42 Trade credit policies. . . . . . . . . . Estimated turnover or sales in each State 43 Travel— (a) outbound from Australia, including baggage— (i) individual . . . . . . . . . . State in which the insured person resides (ii) business. . . . . . . . . . . . State in which the business is registered (b) within Australia— (i) individual . . . . . . . . . . State in which the insured person resides (ii) business. . . . . . . . . . . . State in which the business is registered’. 6 Amendment of sch 4 (Dictionary) (1) Schedule 4, definition high capacity regular public transport aircraft , ‘ Air Navigation Act 1920 (Cwlth)’— omit, insert— ‘ Civil Aviation Regulations 1988 (Cwlth)’. (2) Schedule 4— insert — ‘ exposure level means the maximum possible monetary risk to the insurer if the insurer agrees to indemnify an insured person under an insurance contract. federal interstate motor vehicle means a motor vehicle registered under the Interstate Road Transport Act 1985 (Cwlth). Page 10 2010 SL No. 9

Revenue Legislation Amendment Regulation (No. 1) 2010 Part 3 Amendment of First Home Owner Grant Regulation 2000 [s 7] limit of liability declared means the maximum amount, mentioned in an insurance contract, payable to an insured person under the insurance contract. predominant location , for a vessel mentioned in schedule 2, item 26(b), means— (a) if the insured person has disclosed to the insurer that the vessel will operate from its port of registration for the insurance year—the port of registration for that insurance year; or (b) if the insured person has disclosed to the insurer that the vessel will operate from more than 1 port during the insurance year—the port from which it will operate for most of that insurance year; or (c) if the insured person has disclosed to the insurer that the vessel will operate from more than 1 port during the insurance year but no port can be identified as the port from which the vessel will operate for most of the insurance year—the vessel’s port of registration for that insurance year.’. Part 3 Amendment of First Home Owner Grant Regulation 2000 7 Regulation amended This part amends the FirstHomeOwnerGrantRegulation2000 . 8 Amendment of s 3 (Declaration of relevant interests—Act, s 8) (1) Section 3(1)(a), after ‘to be built’— insert— 2010 SL No. 9 Page 11

Revenue Legislation Amendment Regulation (No. 1) 2010 Part 3 Amendment of First Home Owner Grant Regulation 2000 [s 9] ‘on land that is a part of land owned by the relative’. (2) Section 3(1)(a)(i), ‘and’— omit, insert— ‘or’. (3) Section 3(1)(a)(ii)— omit, insert— ‘(ii) by an owner builder;’. (4) Section 3(1)— insert— ‘(e) an interest in a lease granted under— (i) the Aboriginal Land Act 1991 , section 40D(1)(a); or (ii) the TorresStraitIslanderLandAct1991 , section 37D(1)(a). Note — For paragraph (e), see also section 7.’. 9 Insertion of new s 7 After section 6— insert— ‘7 Relevant interest for s 3(1)(e) ‘An interest mentioned in section 3(1)(e) is taken to have been a relevant interest on and from 18 July 2008.’. Page 12 2010 SL No. 9

Part 4 Revenue Legislation Amendment Regulation (No. 1) 2010 Part 4 Amendment of Taxation Administration Regulation 2002 [s 10] Amendment of Taxation Administration Regulation 2002 10 Regulation amended This part amends the TaxationAdministrationRegulation2002 . 11 Amendment of sch 1 (Recognised laws) (1) Schedule 1, part 3— insert— ‘ Pay-roll Tax Act 1971 (repealed)’. (2) Schedule 1, part 7— insert— ‘ Pay-roll Tax Act 1971 (repealed)’. ENDNOTES 1 Made by the Governor in Council on 11 February 2010. 2 Notified in the gazette on 12 February 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Treasury Department. © State of Queensland 2010 2010 SL No. 9 Page 13