Taxation Administration (Consequential Provisions) (Taxing) Act 2002 (WA)

Western Australia

Taxation Administration (Consequential

Provisions) (Taxing) Act 2002

Western Australia

Taxation Administration (Consequential

Provisions) (Taxing) Act 2002

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	Relationship with other Acts	2
4.	Meaning of terms used in this Act	2
Part 2 — Metropolitan Region

Improvement Tax Act 1959

amended

5.	The Act amended	3
6.	Section 7 amended	3
7.	Section 8 inserted	3

8. Rate of tax imposed after 30 June 2002 3

Part 3 — Stamp Act 1921 amended

8.	The Act amended	4
9.	Section 112P amended	4
10.	Second Schedule amended	5

Western Australia

Taxation Administration (Consequential

Provisions) (Taxing) Act 2002

No. 46 of 2002

An Act to amend the Metropolitan Region Improvement Tax Act 1959

and the Stamp Act 1921 as a consequence of the enactment of the

Taxation Administration Act 2003 and for related purposes.

[Assented to 20 March 2003]

The Parliament of Western Australia enacts as follows:

Taxation Administration (Consequential Provisions) (Taxing) Act 2002

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1.             Short title

This Act may be cited as the Taxation Administration

(Consequential Provisions) (Taxing) Act 2002.

2.             Commencement

This Act comes into operation on the day on which the Taxation

Administration Act 2003 comes into operation.

3.             Relationship with other Acts

The Taxation Administration Act 2003 is to be read with this

Act as if they formed a single Act.

4.             Meaning of terms used in this Act

The Glossary at the end of the Taxation Administration

Act 2003 defines or affects the meaning of some of the words

and expressions used in this Act and also affects the operation

of other provisions.

Taxation Administration (Consequential Provisions) (Taxing) Act 2002

Metropolitan Region Improvement Tax Act 1959 amended Part 2

s. 5

Part 2 — Metropolitan Region Improvement Tax

Act 1959 amended

5.             The Act amended

The amendments in this Part are to the Metropolitan Region

Improvement Tax Act 1959*.

[* Reprinted as at 29 April 1980.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 279-80.]

6.             Section 7 amended

Section 7 is amended by inserting after “thereafter” —

“

up to and including the year of assessment ending on

30 June 2001

”.

7.             Section 8 inserted

After section 7 the following section is inserted —

“

8.             Rate of tax imposed after 30 June 2002

For the year of assessment commencing on

1 July 2002, and for each subsequent year of

assessment, the rate of tax referred to in section 2 and

imposed and payable as provided in that section is

0.15 cent for every dollar of the unimproved value of

the land according to the valuation in force under the

Valuation of Land Act 1978 at midnight on 30 June in

the previous financial year.

”.

Taxation Administration (Consequential Provisions) (Taxing) Act 2002

Part 3	Stamp Act 1921 amended
s. 8

Part 3 — Stamp Act 1921 amended

8.             The Act amended

The amendments in this Part are to the Stamp Act 1921*.

[* Reprinted as at 3 August 2001.]

9.             Section 112P amended

After section 112P(2) the following subsection is inserted —

“

(3)

A dutiable statement prepared under subsection (1) is

taken to be an instrument evidencing the transaction or

offer and is chargeable with duty —

(a)	at the rate of 1.8% of the amount that is or will be payable for the use of the goods; or
(b)	where that amount is not capable of being determined, of an amount of —

(i)      $20; and

(ii)      on 31 August in each year further duty of an amount equal to 1.8% of the amount paid in respect of the use of the goods during the year ending on the preceding 30 June.

”.

Taxation Administration (Consequential Provisions) (Taxing) Act 2002

Stamp Act 1921 amended	Part 3
s. 10

10.           Second Schedule amended

(1)

Item 4A in the Second Schedule is deleted and the following

item is inserted instead —

“

4A.	CONVEYANCE OR TRANSFER OF UNLISTED WA SECURITY
Conveyance or transfer of an unlisted WA security ......... 0.60 for every The transferee,

$100 and every

or in the case of an

fractional part of

overseas transfer,

$100 of the

the issuer (s. 104)

amount or value of

the consideration

”.

(2)

Item 6 in the Second Schedule is amended by deleting “$20.00

or the same duty as for item 4 or 4A, as the case requires, if less

than $20.00” and inserting instead —

“

The lesser of —

(a) $20; and

(b)

the duty that

would be

payable under

item 4 or 4A

(as the case

may be) if the

conveyance or

transfer was

chargeable

with duty

under that item

”.