State Revenue Legislation Amendment Act 1997 (NSW)
New South Wales
State Revenue Legislation
Amendment Act 1997 No 37
Contents
Page
| 1 | N am e of Act | 2 |
| 2 | Com m encem ent | 2 |
| 3 | Amendment of Health insurance Levies Act 1982 | |
| No 159 | 2 | |
| 4 | Amendment of Land Tax Act 1956 No 2 7 | 2 |
| 5 | Amendment of Land Tax M anagem ent Act 1956 | |
| No 26 | 2 | |
| 6 | Amendment of Parking S pace Levy Act 1992 No 32 | 2 |
| 7 | Amendment of R egistered Clubs Act 1976 No 31 | 2 |
| 8 | Amendment of | S tam p Duties Act 1920 No 4 7 | 2 |
9 Amendment of S ta te R evenue Legislation Further
|
Schedules
| 1 | Amendment of H ealth Insurance Levies Act 1982 | 3 |
| 2 | Amendment of Land Tax Act 1956 | 4 |
| 3 | Amendment of Land Tax M anagem ent Act 1956 | 8 |
State Revenue Legislation Amendment Act 1997 No 37
Contents
Page
| 4 | Amendment of Parking Space Levy Act 1992 | 11 |
| 5 | Amendment of Registered Clubs Act 1976 | 12 |
| 6 | Amendment of Stamp Duties Act 1920 | 13 |
| 7 | Amendment of State Revenue Legislation Further | |
| Amendment Act 1996 | 18 |
Contents page 2
New South Wales
State Revenue Legislation
Amendment Act 1997 No 37
Act No 37, 1997
An Act to make miscellaneous amendments to certain State revenue legislation, and for other purposes. [Assented to 25 June 1997]
| Section 1 | State Revenue Legislation Amendment Act 1997 No 3 7 |
The Legislature of New South Wales enacts:
Name of Act
This Act is the State Revenue Legislation Amendment Act 1997.
Commencement
| (1) | This Act commences, or is taken to have commenced, on 1 July 1997, except as provided by this section. |
| (2) | Schedule 5 commences on 1 February 1998. |
| (3) | Schedule 6 (items [14] and [15] excepted) is taken to have commenced on 7 May 1997. |
| (4) | Schedule 6 [15] commences on 1 July 1999. |
3 Amendment of Health Insurance Levies Act 1982 No 159
The Health Insurance Levies Act 1982 is amended as set out in
Schedule 1.
4 Amendment of Land Tax Act 1956 No 27
The Land Tax Act 1956 is amended as set out in Schedule 2.
5 Amendment of Land Tax Management Act 1956 No 26
The Land Tax Management Act 1956 is amended as set out in
Schedule 3.
6 Amendment of Parking Space Levy Act 1992 No 32
The Parking Space Levy Act 1992 is amended as set out in
Schedule 4.
7 Amendment of Registered Clubs Act 1976 No 31
The Registered Clubs Act 1976 is amended as set out in Schedule
5.
Amendment of Stamp Duties Act 1920 No 47
The Stamp Duties Act 1920 is amended as set out in Schedule 6.
Amendment of State Revenue Legislation Further Amendment
Act 1996 No 55
The State Revenue Legislation Further Amendment Act 1996 is amended as set out in Schedule 7.
State Revenue Legislation Amendment Act 1997 No 37
| Amendment of Health Insurance Levies Act 1982 | Schedule 1 |
| Schedule 1 | Amendment of Health Insurance Levies Act 1982 |
(Section 3)
Section 4 Definitions
Omit paragraph (d) of the definition of prescribed rate in section
4 (1).
Insert instead:
| (d) | for any month thereafter and before July 1997— 32 cents, as adjusted from time to time in accordance with Schedule 2, and |
| (e) | for July 1997 and for any month thereafter-83 cents, as adjusted from time to time in accordance with Schedule 2. |
State Revenue Legislation Amendment Act 1997 No 37
| Schedule 2 | Amendment of Land Tax Act 1956 |
| Schedule 2 | Amendment of Land Tax Act 1956 |
(Section 4)
Section 3AE Levy of land tax after 31 December 1989
Insert “and ending with 1995” after “1989” in section 3AE (2).
Section 3AF Levy of land tax after 31 December 1996
Omit “31 December in any year (commencing with 1996 and ending with the year preceding the relevant year referred to in section 3AG)” from section 3AF (1).
Insert instead “31 December 1996”.
Section 3AF (2)
Omit “31 December in any year (commencing with 1996)”.
Insert instead “31 December 1996”.
Sections 3AG and 3AH
Omit section 3AG. Insert instead:
3AG Levy of land tax after 31 December 1997 and 31
December 1998
Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December 1997 or at midnight on 31 December 1998 there is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 8.
In respect of the taxable value of all the land owned by a person at midnight on 31 December 1997 or at midnight on 31 December 1998 where:
| (a) | the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or |
State Revenue Legislation Amendment Act 1997 No 37
| Amendment of Land Tax Act 1956 | Schedule 2 |
| (b) | the land is subject to a special trust, |
land tax for the period of 12 months commencing on 1 January in the next succeeding year is, except as provided by section 27 (2A) of the Principal Act, to be charged, levied, collected and paid as referred to in subsection (1) at the rate of 1.85 cents for each $1 of the taxable value.
| (3) | If the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax is payable. |
| (4) | If on the assessment of land tax an amount is arrived at expressed in dollars and a number of cents which is not a multiple of 10, the number of cents is, if less than 10, to be disregarded or, if more than 10, to be reduced to the multiple of 10 next below. |
3AH Levy of land tax after 31 December 1999
Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December in any year (commencing with 1999) there is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 9. In respect of the taxable value of all the land owned by a person at midnight on 31 December in any year (commencing with 1999) where:
| (a) | the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or |
| (b) | the land is subject to a special trust, |
land tax for the period of 12 months commencing on 1 January in the next succeeding year is, except as provided by section 27 (2A) of the Principal Act, to be charged, levied, collected and paid as referred to in subsection (1) at the rate of 1.7 cents for each $1 of the taxable value.
State Revenue Legislation Amendment Act 1997 No 37
| Schedule 2 | Amendment of Land Tax Act 1956 |
| (3) | If the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax is payable. |
| (4) | If on the assessment of land tax an amount is arrived at expressed in dollars and a number of cents which is not a multiple of 10, the number of cents is, if less than 10, to be disregarded or, if more than 10, to be reduced to the multiple of 10 next below. |
[5] Schedules 8 and 9
Omit Schedule 8. Insert instead:
S c h e d u le 8
(Section 3AG)
Where the taxable value assessed
| under the Principal Act | Rates of Land Tax Payable |
| is less than $160,000 ................. | nil |
| is not less than $160,000, except in | |
| the case of a principal place of residence for which land tax is payable as provided for by section | |
| 9 (3) of the Land Tax Management | |
| Act 1956 ..................................... | $100 plus 1.85c for each $1 in excess of $160,000 |
| is less than $1 million in the case | |
| of a principal place of residence ... | nil |
| is not less than $1 million in the | |
| case of a principal place of | |
| residence for which land tax is | |
| payable as provided for by section 9 (3) of the Land Tax Management Act 1956 ...................................... | $100 plus 1.85c for each $1 in excess of $1 million |
State Revenue Legislation Amendment Act 1997 No 37
| Amendment of Land Tax Act 1956 | Schedule 2 |
| S c h e d u le | 9 |
(Section 3AH)
Where the taxable value assessed
| under the Principal Act | Rates of Land Tax Payable |
| is less than $160,000 ................ | nil |
| is not less than $160,000, except in the case of a principal place of residence for which land tax is payable as provided for by section 9 (3) of the Land Tax Management | |
| $100 plus 1.7c for each $1 in excess of $160,000 | |
| is less than $1 million in the case | |
| of a principal place of residence .... | nil |
| is not less than $1 million in the | |
| case of a principal place of | |
| residence for which land tax is | |
| payable as provided for by section 9 (3) of the Land Tax Management Act 1956 ..................................... | $100 plus 1.7c for each $1 in excess of $1 million |
State Revenue Legislation Amendment Act 1997 No 37
| Schedule 3 | Amendment of Land Tax Management Act 1956 |
| Schedule 3 | Amendment of Land Tax Management Act 1956 |
(Section 5)
[1] Section 9 Taxable value
Insert after section 9 (2):
| (3) | In the case of land that is a principal place of residence and would be exempt from taxation under this Act by section 10 (1) (r) but for the fact that the land has a land value of not less than $1 million in relation to a land tax year, land tax is payable by the owner of the land on the land value of the land as if it were the only land owned by the owner. Subsection (1) does not apply to land to which this subsection applies. |
| (4) | For the purpose of calculating, under this Act and the Land Tax Act 1956, the amount of land tax payable on a principal place of residence for the 1999 tax year or a subsequent tax year, the amount of $1 million is to be adjusted in accordance with the formula: |
the CPI for the financial year
last preceding the tax year
| $1 million x | the CPI for 1996-97 |
and rounded to the nearest $1,000, where:
CPI means:
| (a) | the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician, or |
| (b) | if the Australian Statistician ceases to issue or fails to issue that index within sufficient time to enable the calculations to be made by 31 December 1998, or 31 December in any subsequent year, the number determined in accordance with the regulations, and |
financial year means the year ending on 30 June.
[2] Section 9C Reduction in land value for flats
Omit section 9C (3) (d).
State Revenue Legislation Amendment Act 1997 No 37
| Amendment of Land Tax Management Act 1956 | Schedule 3 |
[3] Section 9C (4)
Omit the subsection. Insert instead:
| (4) | If the value of the allowable proportion determined in accordance with subsection (2) is $1 million or more, the flat is taken, for the purposes of this Act, to be land having a land value equal to the value of the allowable proportion and land tax is payable by the owner of the flat on that land value as if the flat were the only land owned by the owner. |
[4] Section 10 Land exempted from tax
Omit section 10 (1) (r). Insert instead:
| (r) | with respect to taxation leviable or payable in respect of the year commencing on 1 January 1998 or any succeeding year, land that has a land value in respect of the year of less than $1 million and that is used and occupied as the principal place of residence of the owner of the land (or, if there are joint owners, as the principal place of residence of one or more of them) and for no other purpose (except as provided by subparagraph (iii)), being: | |||||
|
unless the owner or all of the joint owners who so used and occupied the lot or parcel (as appropriate) is such an owner by reason only of being a trustee,
[5] Section 10 (4)
Omit the subsection.
[6] Section 10T Concession for unoccupied land intended to be owner's principal place of residence
Omit “and (4)” from section 10T (1).
State Revenue Legislation Amendment Act 1997 No 37
| Schedule 3 | Amendment of Land Tax Management Act 1956 |
Section 10T (3) (a)
Omit “or (4)”.
Section 10T (4) (b)
Omit “or for a reduction in land value under section 10 (4)”
Section 10T (4A)
Omit “or (4)”.
Section 10U Special exemption—residential land over 2,100 square metres
Omit the section.
Section 21A Company title units deemed to be strata lots
Omit “the area of the land is not more than 2,100 square metres or from section 21A (1) (b).
Section 21B Joint owners of block of flats deemed to be owners of strata lots
Omit “the area of the land is not more than 2,100 square metres or” from section 21B (1) (d).
Schedule 2 Savings and transitional provisions
Insert at the end of clause 1A (1):
State Revenue Legislation Amendment Act 1997
State Revenue Legislation Amendment Act 1997 No 37
| Amendment of Parking Space Levy Act 1992 | Schedule 4 |
| Schedule 4 | Amendment of Parking Space Levy Act 1992 |
(Section 6)
[1] Section 11 Amount of levy
Insert “and before the financial year commencing on 1 July 1997” after “1992” in section 11 (2).
[2] Section 11 (3) and (4)
Insert after section 11 (2):
| (3) | The amount of the levy which becomes payable on 1 September 1997 is $400 for each parking space to which this Act applies. |
| (4) | The amount of a levy which becomes payable on |
| 1 September in a financial year after 1997 is the amount determined in respect of that year in accordance with section 12. |
[3] Section 14 Statutory trust
| Insert “for the provision of public transport services,” after “section 6 ,” . |
[4] Section 27
Insert after section 26:
27 Delegation
| ( 1 ) | The Minister may delegate any of the Minister's functions under this Act other than this power of delegation. |
| (2) | A delegate may subdelegate to any person any function delegated under this section if the delegate is authorised in writing to do so by the Minister. |
State Revenue Legislation Amendment Act 1997 No 37
| Schedule 5 | Amendment of Registered Clubs Act 1976 |
| Schedule 5 | Amendment of Registered Clubs Act 1976 |
(Section 7)
Section 87 Rate of duty
Omit section 87 (4) and (5). Insert instead:
| (4) | If the profits from all approved gaming devices kept by a registered club in a duty period exceed $200,000 but do not exceed $1,000,000, duty is payable: | |||
| ||||
| (5) | If the profits from all approved gaming devices kept by a registered club in a duty period exceed $1,000,000, duty is payable: | |||
|
State R evenue Legislation Amendment Act 1997 No 37
| Amendment of Stam p Duties Act 1920 | Schedule 6 |
| Schedule 6 | Amendment of Stamp Duties Act 1920 |
(Section 8)
[1] Section 66H lntergenerational rural transfers
| Omit “of conveyance or agreement for sale of land, or of a lease of lease of land, or a transfer or assignment of a lease or permit in respect of land,”. or permit in respect of land,” from section 66H (1). |
[2] Section 66H (1) (a)
Insert “, lessor or assignor” after “transferor”.
[3] Section 66H (1) (b)
Insert “, lessee or assignee” after “transferee”.
[4] Section 86 Definitions
Insert after paragraph (a) of the definition of Class 1 insurance in section 86 (1):
| (a1) | Class 3 insurance, or |
[5] Section 86 (1)
Omit paragraphs (e) and (f) from the definition of Class 2 insurance.
[6] Section 86 (1)
Insert after the definition of Class 2 insurance:
Class 3 insurance means:
| (a) | crop insurance, being insurance covering: | |
|
State Revenue Legislation Amendment Act 1997 No 37
| Schedule 6 | Amendment of Stamp Duties Act 1920 |
(ii) loss due to the destruction of, or physical damage to, the product of any such pasturage or crop, where the destruction or damage occurs while the product of the pasturage or crop is being stored or transported,
but not being insurance covering loss referred to in subparagraph (ii) unless the contract by which the insurance is effected also effects insurance covering the loss referred to in subparagraph (i),
| (b) | livestock insurance, being insurance covering: | |||||
|
[7] Section 88B Monthly returns and payment of duty
Insert after section 88B (1) (a) (ii):
| (iia) | the total amount of all premiums for Class 3 insurance received by or on behalf of the person in the preceding month (other than premiums for exempt insurance or insurance to which section 88 applies), and |
[8] Section 88B (1) (b) (ii)
Omit “2.5”. Insert instead “5”.
State Revenue Legislation Amendment Act 1997 No 37
| Amendment of Stamp Duties Act 1920 | Schedule 6 |
[9] Section 88B (1) (b) (iia)
Insert after section 88B (1) (b) (ii):
| (iia) | an amount equal to 2.5 per cent of the total amount of the premiums for Class 3 insurance, and |
Section 88C Apportionment of premiums
Insert after section 88C (b):
(b1) Class 3 insurance,
Section 88D Duty payable by insured in certain circumstances
Omit “2.5” from section 88D (2) (b). Insert instead “5”.
Section 88D (2) (c)
Insert at the end of subsection (2):
, and
| (c) | 2.5 per cent of the amount of any premium paid for Class 3 insurance to which subsection (1) applies. |
[13] Section 88J Stamping of foreign policies
Omit “or a policy of Class 2 insurance ” from section 88J (1) (c) (i). Insert instead “ ,a policy of Class 2 insurance or a policy of Class 3 insurance”.
State Revenue Legislation Amendment Act 1997 No 37
| Schedule 6 | Amendment of Stamp Duties Act 1920 |
[14] Second Schedule Stamp duties and exemptions
| Omit the matter relating to Motor Vehicle Certificate of Registration. Insert instead: | |||
| MOTOR VEHICLE CERTIFICATE OF REGISTRATION: | |||
| On a motor vehicle certificate of registration: | |||
|
| motor vehicle to which paragraph | whose name |
| (b) applies ...................................... | $3.00 for | the certificate |
| every $100 | is issued. | |
| and also for any fractional part of $100 of the value of the motor vehicle. |
| (b) | for a passenger vehicle, being a vehicle: | |
|
including a sedan, station wagon, coupe, convertible, four wheel drive vehicle
with seats and windows,
two wheel drive panel van
with seats and windows,
three wheel car, forward
control passenger vehicle,
small bus (seating not
more than 9 persons,
including the driver),
motor home, and snow
vehicle, but not including
a motor cycle (with or
without a side car), large
bus (seating more than 9
persons, including the
driver), hearse or invalid
conveyances, and
State Revenue Legislation Amendment Act 1997 No 37
| Amendment of Stamp Duties Act 1920 | Schedule 6 |
(ii) the value of which is not
|
Second Schedule Stamp duties and exemptions
Omit ‘‘$5.00” from the matter relating to Motor Vehicle Certificate
of Registration.
Insert instead “$4.50”.
Tenth Schedule Savings, transitional and other provisions
Insert at the end of clause 1A (1):
State Revenue Legislation Amendment Act 1997
Tenth Schedule
Insert after Part 14:
| Part 15 | State Revenue Legislation Amendment Act 1997 |
47 Stamp duty on policies of insurance
| (1) | The amendments made to Division 24 of Part 3 by the State Revenue Legislation Amendment Act 1997 apply to: | |||
| ||||
| (2) | Stamp duty on a premium to which subclause (1) (b) applies that would otherwise be payable before 1 July 1997 is not payable before that date. |
State Revenue Legislation Amendment Act 1997 No 37
| Schedule 7 | Amendment of State Revenue Legislation Further Amendment Act 1996 |
| Schedule 7 | Amendment of State Revenue Legislation Further Amendment Act |
| 1996 |
(Section 9)
Section 6 Reports on operation of amendments
Omit the section.
[Minister's second reading speech made in—
Legislative Assembly on 6 May 1997 Legislative Council on 17 June 1997]
0
0
0