State Revenue Legislation Amendment Act 2000 (NSW)
An Act to make miscellaneous amendments to certain State revenue legislation; and for other purposes.
This Act is the State Revenue Legislation Amendment Act 2000.
This Act commences on the date of assent, except as provided by this section.
The following provisions commence, or are taken to have commenced, on the dates indicated:
• Schedule 1 on 4 February 2000
• Schedule 2 [6]–[16], [44] and [54] on 1 July 2000
• Schedule 2 [17]–[43], [53] and [55] on 1 March 2000
• Schedule 2 [45] on 1 February 2000
• Schedule 2 [47] on 11 November 1999
• Schedule 2 [48] on 1 December 1999
• Schedule 2 [46] and [50] on 23 May 2000
• Schedule 2 [51] on 22 September 1999
The Debits Tax Act 1990 is amended as set out in Schedule 1.
The Duties Act 1997 is amended as set out in Schedule 2.
The Land Tax Management Act 1956 is amended as set out in Schedule 3.
The Pay-roll Tax Act 1971 is amended as set out in Schedule 4.
The Premium Property Tax Act 1998 is amended as set out in Schedule 5.
The Roads Act 1993 is amended as set out in Schedule 6.
The Taxation Administration Act 1996 is amended as set out in Schedule 7.
(Section 3)
Insert “or a non-profit organisation having as one of its objects a charitable, benevolent, philanthropic or patriotic purpose,” after “institution,” in paragraph (a) (v) (A) of the definition of
Insert “organisation,” after “institution,” where secondly occurring in paragraph (a) (v) of the definition of
Insert “organisation,” after “institution,” where secondly occurring in paragraph (a) (vi) of the definition of
Insert “State Revenue Legislation Amendment Act 2000” at the end of clause 1A (1) of Schedule 3.
(Section 4)
Omit section 54 (3). Insert instead:
Duty of $10 is chargeable in respect of a transfer of dutiable property to a person other than a special trustee as a consequence of the retirement of a trustee or the appointment of a new trustee, if the Chief Commissioner is satisfied that, as the case may be:
(a) none of the continuing trustees remaining after the retirement of a trustee is or can become a beneficiary under the trust, and
(b) none of the trustees of the trust after the appointment of a new trustee is or can become a beneficiary under the trust, and
(c) the transfer is not part of a scheme for conferring an interest, in relation to the trust property, on a new trustee or any other person, whether as a beneficiary or otherwise, to the detriment of the beneficial interest or potential beneficial interest of any person.
If the Chief Commissioner is not so satisfied, the transfer is chargeable with the same duty as a transfer to a beneficiary under and in conformity with the trusts subject to which the property is held, unless subsection (3A) applies.
Duty of $10 is chargeable in respect of a transfer of property as a consequence of the retirement of a responsible entity of a managed investment scheme or the appointment of a new responsible entity of a managed investment scheme if the Chief Commissioner is satisfied that the only beneficial interest acquired by a person in relation to the property as a result of the transfer is a beneficial interest acquired by the replacement or new responsible entity solely because of its appointment as responsible entity for the scheme.
Insert at the end of section 64 (b):
, and
ad valorem duty was paid at the time that the land use entitlement was acquired by the transferee.
Insert “or transfer” after “vesting” wherever occurring in section 65 (7) (b).
Omit “that occurs by or as a consequence of a decision of the Liquor Administration Board or order of the Licensing Court”.
Insert at the end of section 68 (2) (b) (ii):
, or
a purchase at public auction of property that, immediately before the auction, was relationship property where the public auction is held to comply with any such order or agreement.
Omit “
Omit the sections. Insert instead:
This scheme is intended to help people who are buying their first home. Under the scheme, the purchase and any mortgage given to assist the financing of the purchase is subject to a concession or exemption from duty.
The following transactions and instruments are eligible for consideration under the scheme:
(a) agreements for sale or transfer entered into on or after 1 July 2000,
(b) transfers that occur on or after 1 July 2000,
(c) mortgages over land the subject of those agreements or transfers.
Omit the section.
Omit section 74 (3). Insert instead:
The total consideration payable under the agreement or transfer (that is, the amount paid for the house or unit, or the land and the construction of a house or unit on the land, and any furnishings and other items acquired under the agreement or transfer or any related document) must be less than:
(a) $300,000 if the property is located in the Metropolitan Area and has a private dwelling built on it, or
(b) $250,000 if the property is located elsewhere than in the Metropolitan Area and has a private dwelling built on it, or
(c) $140,000 if the property is located in the Metropolitan Area and comprises a vacant block of residential land, or
(d) $110,000 if the property is located elsewhere than in the Metropolitan Area and comprises a vacant block of residential land.
“Metropolitan Area” is defined in the Dictionary.
Omit the subsections.
Omit section 76 (2).
Omit the section. Insert instead:
If an application concerning an eligible agreement or transfer is approved and the consideration payable under the agreement or transfer is not more than the following amounts, no duty is chargeable on the agreement or transfer:
(a) $200,000 if the property is located in the Metropolitan Area and has a private dwelling built on it, or
(b) $175,000 if the property is located elsewhere than in the Metropolitan Area and has a private dwelling built on it, or
(c) $95,000 if the property is located in the Metropolitan Area and comprises a vacant block of residential land, or
(d) $80,000 if the property is located elsewhere than in the Metropolitan Area and comprises a vacant block of residential land.
If an application concerning an eligible agreement or transfer is approved and subsection (1) does not apply to the agreement or transfer, duty is chargeable on the agreement or transfer as follows:
(a) if the property is located in the Metropolitan Area and has a private dwelling built on it—at the rate of 8.99% of the total consideration payable under the agreement or transfer, less $17,980.00, or
(b) if the property is located elsewhere than in the Metropolitan Area and has a private dwelling built on it—at the rate of 9.65% of the total consideration payable under the agreement or transfer, less $16,885.00, or
(c) if the property is located in the Metropolitan Area and comprises a vacant block of residential land—at the rate of 7.53% of the total consideration payable under the agreement or transfer, less $7,152.00, or
(d) if the property is located elsewhere than in the Metropolitan Area and comprises a vacant block of residential land—at the rate of 7.8% of the total consideration payable under the agreement or transfer, less $6,240.00.
“Metropolitan Area” is defined in the Dictionary.
Insert after section 80:
In this Subdivision:
Insert before section 81:
Omit the section.
Omit the section. Insert instead:
Sections 76 and 79 apply to this scheme in the same way as they apply to First Home Plus.
Sections 78 and 81–84 apply to this scheme in the same way as they applied to the First Home Purchase Scheme before 1 August 1998.
Insert at the end of section 145 (1) (d):
, and
on a sale or purchase of marketable securities on a RIOT’s own account, if the sale or purchase is effected in New South Wales, and
on an associated transaction with a RIOT (being a transaction referred to in section 149 (1) (d)).
Insert after section 145 (3):
For the purposes of subsection (1) (e), a sale or purchase on a RIOT’s own account is effected in New South Wales if:
(a) it arises from a manual RIOT order that an individual, being the RIOT or an employee or agent of the RIOT, who is present in New South Wales, instructed a SEATS operator to put into the market, or
(b) it arises from an automated RIOT order that was put by the RIOT into SEATS from New South Wales, or
(c) it did not a arise from a manual RIOT order or an automated RIOT order, and an individual, being the RIOT or an employee or agent of the RIOT, who is present in New South Wales, instructed a SEATS operator to report a trade to the market.
Insert in alphabetical order:
Omit note (3) to section 145.
Omit the note to the section. Insert instead:
The meaning of “broker” in the Business Rules of the Australian Stock Exchange does not include a RIOT.
Insert “or RIOT” after “a broker” wherever occurring.
Insert “RIOT,” after “the broker,” wherever occurring.
Insert “or RIOT” after “broker” wherever occurring in the note to section 148.
Insert “or RIOT” after “broker”.
Insert “or RIOT” after “broker”.
Omit “registered independent options trader” wherever occurring.
Insert instead “RIOT”.
Omit “an options trader” wherever occurring. Insert instead “a RIOT”.
Omit “the options trader” wherever occurring.
Insert instead “the RIOT”.
Insert after section 153:
Duty is payable by a RIOT at the concessional rate on:
(a) a purchase by a RIOT of marketable securities on its own account in its capacity as a RIOT if:
(i) it intends to sell marketable securities of the same type during the period of 3 months after the purchase, and
(ii) the purchase is made for the purpose of hedging risk in respect of an options contract over marketable securities of a type in respect of which options are traded or the price of which is included in the calculation of an index in respect of which options are traded, and
(b) a sale by a RIOT of marketable securities of the same type as those purchased by it during the period of 3 months before the sale on which duty was payable under paragraph (a), and
(c) a sale by a RIOT of marketable securities held on its own account in its capacity as a RIOT if:
(i) it intends to purchase marketable securities of the same type during the period of 3 months after the sale, and
(ii) the sale is made for the purpose of hedging risk in respect of an options contract over marketable securities of a type in respect of which options are traded or the price of which is included in the calculation of an index in respect of which options are traded, and
(d) a purchase by a RIOT of marketable securities of the same type as those sold by it during the period of 3 months before the purchase on which duty was payable under paragraph (c).
Omit “registered independent options trader” wherever occurring in section 155 (2).
Insert instead “RIOT”.
Insert after section 155 (2):
Duty is payable by a RIOT at the differential rate on:
(a) a purchase, on the RIOT’s own account, of marketable securities on which concessional duty was paid under section 153A (a) if marketable securities of the same type were not sold by the RIOT during the period of 3 months after the purchase, and
(b) a sale by the RIOT, on the RIOT’s own account, of marketable securities on which concessional duty was paid under section 153A (c) if marketable securities of the same type were not purchased by the RIOT during the period of 3 months after the sale.
Insert “, 153A” after “153”.
Omit “, the broker (pursuant to an order received by the broker or effected by the broker on the broker’s own account)” from section 157 (1).
Insert instead “(on the broker’s own account or pursuant to an order received by the broker), the broker”.
Insert after section 157 (2):
Immediately after a sale or purchase of, or a transaction that transfers, marketable securities that is dutiable under this Chapter, or that is exempt from duty under this Chapter, is made by a RIOT on the RIOT’s own account, the RIOT must make a record of the sale, purchase or transaction that shows the following:
(a) its date,
(b) the name of the broker or RIOT on the other side of the transaction (if relevant),
(c) the quantity and full description of the marketable securities,
(d) the selling or purchase price,
(e) the amount of duty chargeable,
(f) in the case of a sale, purchase or transaction that is dutiable at the concessional rate or that is exempt from duty, such particulars as are required to establish that the sale, purchase or transaction is dutiable at the concessional rate or is exempt from duty.
Omit “registered independent options trader” wherever occurring.
Insert instead “RIOT”.
Omit “the options trader”. Insert instead “the RIOT”.
Insert after section 159 (2):
A RIOT must, not later than Thursday of each week, lodge with the Chief Commissioner a return in the approved form of the sales, purchases and transactions required to be recorded under section 157 that have been made by the RIOT during the week ending on the preceding Saturday, and pay to the Chief Commissioner the appropriate amount of duty calculated in accordance with Part 2 in respect of the sales, purchases and transactions required to be included in the return (other than exempt transactions).
Not later than 7 days after the end of a month in which a RIOT becomes liable to pay duty under section 155, the RIOT must lodge with the Chief Commissioner a return in the approved form of the sales, purchases and transactions for which duty is payable, and pay to the Chief Commissioner the appropriate amount of duty calculated in accordance with Part 2 in respect of the sales, purchases and transactions required to be included in the return (other than exempt transactions).
Omit “registered independent options trader”.
Insert instead “RIOT”.
Omit “the options trader”. Insert instead “the RIOT”.
Insert “or RIOT” after “broker” wherever occurring.
Insert “or RIOT’s” after “broker’s” wherever occurring.
Omit “157 (1)”. Insert instead “157”.
Omit section 221 (1). Insert instead:
Duty is payable in accordance with the following paragraphs on an advance secured by an eligible mortgage under Division 1 of Part 8 of Chapter 2 or a mortgage in support of such an eligible mortgage, but only to the extent that the amount of the advances qualifies under section 77 (3) or (4):
(a) if the property is located in the Metropolitan Area and has a private dwelling built on it:
Consideration payable under the agreement or transfer
Discount on duty
Not more than $200,000
100%
More than $200,000 but not more than $235,000
75%
More than $235,000 but not more than $265,000
50%
More than $265,000 but less than $300,000
25%
(b) if the property is located elsewhere than in the Metropolitan Area and has a private dwelling built on it:
Consideration payable under the agreement or transfer
Discount on duty
Not more than $175,000
100%
More than $175,000 but not more than $200,000
75%
More than $200,000 but not more than $225,000
50%
More than $225,000 but less than $250,000
25%
(c) if the property is located in the Metropolitan Area and comprises a vacant block of residential land:
Consideration payable under the agreement or transfer
Discount on duty
Not more than $95,000
100%
More than $95,000 but not more than $110,00
75%
More than $110,000 but not more than $125,000
50%
More than $125,000 but less than $140,000
25%
(d) if the property is located elsewhere than in the Metropolitan Area and comprises a vacant block of land:
Consideration payable under the agreement or transfer
Discount on duty
Not more than $80,000
100%
More than $80,000 but not more than $90,000
75%
More than $90,000 but not more than $100,000
50%
More than $100,000 but less than $110,000
25%
“Metropolitan Area” is defined in the Dictionary.
Insert at the end of section 233 (4) (b):
, or
until 1 February 2005, insurance under the Debtor Insurance Scheme of the Stock and Station Agents Association.
Omit “11.5%” from section 234 (1). Insert instead “10%”.
Omit section 267 (7A). Insert instead:
Duty under this Chapter is not chargeable in respect of an application to register a motor vehicle in the name of a veteran who is:
(a) eligible for 70% or more of the general rate of pension specified in section 22 (3) of the Commonwealth Veterans’ Entitlements Act 1986, or
(b) eligible for the rate of pension determined in accordance with section 22 (4) of that Act, or
(c) eligible for the rate of pension determined in accordance with section 23 of that Act, or
(d) eligible for the rate of pension under section 24 of that Act.
The rates of pension referred to in subsection (7A) (b), (c) and (d) are known, respectively, as the extreme disablement adjustment rate of pension, the intermediate rate of pension and the special rate of pension for total and permanent incapacity.
Omit section 278 (a). Insert instead:
is a tenant:
(i) of the Department of Housing, or
(ii) under the Community Tenancy Scheme administered within that Department, or
(iii) of the Aboriginal Housing Office,
at the date of the transaction or the date of the first execution of the instrument, and
Insert at the end of clause 1 (1):
State Revenue Legislation Amendment Act 2000
Insert at the end of Schedule 1 (with appropriate Part and clause numbers):
The amendments made to section 234 (1) by the State Revenue Legislation Amendment Act 2000 have effect only in relation to premiums paid on or after 23 May 2000 for contracts of insurance and renewals of contracts of insurance that take effect after 1 October 2000.
Insert after paragraph (g) of the definition of
Barclays Investment Funds Australian Equity Index Fund.
Insert “sections 282 and 284 and” after “purposes of”.
Omit the definition.
Insert in alphabetical order:
• County of Cumberland
• local government area of Wollondilly
• City of Wollongong
• City of Shellharbour
• City of Gosford
• local government area of Wyong
• City of Blue Mountains.
Insert in alphabetical order:
(Section 5)
Omit “
Insert instead “
Insert after section 10 (1) (p1):
land used solely as a police station,
Insert “or one of 2 or more buildings on the land” after “on the land” in section 21A (1) (a).
Insert “or buildings” after “building”.
Insert “or that building” after “building”.
Insert “, or each such building,” after “building”.
Insert “, or a building,” after “building”.
Omit the subsection. Insert instead:
The Chief Commissioner’s redetermination is to be by reference to:
(a) the proportion that the floor area of the deemed lot bears to the total floor area that is separately occupied, or capable of being used for separate occupation, in the building, or
(b) in the case of an entitlement to occupy one of 2 or more buildings, the proportion that the floor area of the deemed lot bears to the total floor area that is separately occupied, or capable of being used for separate occupation, in all of those buildings.
Omit “of $15” from section 47 (1A) (b).
Insert instead “determined by the Chief Commissioner”.
Omit section 65A (6). Insert instead:
For that purpose, the Chief Commissioner may make an assessment, reassessment or compromise assessment of land tax in accordance with Part 3 of the Taxation Administration Act 1996.
Insert “State Revenue Legislation Amendment Act 2000” at the end of clause 1A (1) of Schedule 2.
(Section 6)
Omit the definition of
Omit the definition of
Omit “Department of Training and Education” from section 10 (1) (m).
Insert instead “Department of Education and Training”.
Omit “section 7 (5) of the Companies (New South Wales) Code” from section 16D (4).
Insert instead “section 50 of the Corporations Law”.
Omit “that Code”. Insert instead “that Law”.
Omit “Companies (New South Wales) Code” from section 25 (7) (b).
Insert instead “Corporations Law”.
Omit paragraph (b) (i) of the definition of
Insert instead:
commencing on 1 July 1999—6.4, or
commencing on 1 July 2000—6.4 for the first 2 quarters of the financial year and 6.2 for the last 2 quarters of the financial year, or
Insert “State Revenue Legislation Amendment Act 2000” at the end of clause 1 (1) of Schedule 6.
(Section 7)
Omit “Valuation of Land Act 1916” wherever occurring in the definition of
Insert instead “Part 7 of the Land Tax Management Act 1956”.
(Section 8)
Omit “No stamp duty is payable under the Stamp Duties Act 1920” from section 196 (2).
Insert instead “No duty is payable under the Duties Act 1997”.
(Section 9)
Insert “and, as a result, the tax liability was assessed at a lower amount than the Chief Commissioner would otherwise have assessed it” after “Chief Commissioner” in section 9 (3) (b).
Insert after section 37 (3):
The calculation of tax by a person other than the Chief Commissioner in accordance with a special arrangement approved under this section is not an assessment.
Insert after section 42 (2):
Despite subsection (1), the endorsing of an instrument as referred to in subsection (1) (b) is not evidence of an assessment of the duty payable under the Duties Act 1997 in respect of the instrument.
Insert after section 82 (e) (viiib):
the Commissioner for the New South Wales Crime Commission, or
Insert “State Revenue Legislation Amendment Act 2000” at the end of clause 1 (1) of Schedule 1.
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