Untitled document

Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014

No. 40 of 2014

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Duties Act 2000

Division 1—Insurance duty

3Definitions

4Insurance duty

5New section 184 substituted

184Who is an insurer?

6Registration of insurers

7New sections 196A and 196B inserted

196ALife insurance

196BLife insurance policy riders

8Abolition of life insurance duty

9New clause 32 inserted in Schedule 2

32Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014

Division 2—Motor vehicle duty

10What is the rate of duty?

Part 3—First Home Owner Grant Act 2000

11Definitions

12Protection of confidential information

Part 4—Land Tax Act 2005

Division 1—Relevant day for taxable value of land

13Definitions

14Taxable value of land

15Use of valuations

Division 2—Land held on trust

16Land tax for fixed trust if beneficial interests notified to Commissioner

17Land tax for unit trust scheme if unitholdings notified to Commissioner

18Land tax for excluded trusts and administration trusts

19Nomination of beneficiary of pre-2006 discretionary trust for land tax purposes

20Nomination of PPR beneficiary of unit trust scheme or discretionary trust for land tax purposes

21Requirements for trustees to notify Commissioner

Division 3—Primary production land

22Definitions

23Exemption of primary production land outside greater
Melbourne

24New section 70 substituted

70Parcels of land

25New Schedule 2 inserted

SCHEDULE 2—Greater Melbourne

26Transitional provision

15Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014

Division 4—Notice of acquisition of land

27Definitions

28Notice of acquisition of land

Part 5—Payroll Tax Act 2007

29Reduction in payroll tax rate

Part 6—Planning and Environment Act 1987

30Definitions

31Applications for permits

32What is the procedure for the application?

33 Land owned or permit required by responsible authorities

34Application for permit when amendment requested

35New Division 5A inserted

Division 5A—Metropolitan Planning Levy

96OImposition of levy

96PWhat is a leviable planning permit application?

96QAmount of levy

96RCPI adjusted amount

96SNotification and payment of levy

96TLevy certificate

96URevised levy certificate

96VNo refund of levy except in cases of mathematical
error

96WCommissioner's functions and powers

96XProhibition on certain disclosures of information by Commissioner etc.

96YPermitted disclosures

96ZResponsible authority or planning authority to keep levy certificate

36Definitions—Part 9B

37New Schedule 2 inserted

SCHEDULE 2—Metropolitan Melbourne

Part 7—Road Safety Act 1986

38Fee for registration or renewal of registration

Part 8—Taxation Administration Act 1997

39Permitted disclosures to particular persons

Part 9—Repeal

40Repeal of amending Act

═══════════════

Endnotes

Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014

No. 40 of 2014

[Assented to 17 June 2014]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Duties Act 2000—

(i)to abolish life insurance duty and make amendments to general insurance duty; and

(ii)to increase the rates of duty on the registration and transfer of vehicles; and

(b)to amend the First Home Owner Grant Act 2000 to permit the disclosure of certain information to particular persons for specified purposes; and

(c)to amend the Land Tax Act 2005—

(i)in relation to the determination of the taxable value of land; and

(ii)to make miscellaneous amendments in relation to land held on trust; and

(iii)to make miscellaneous amendments in relation to primary production land; and

(iv)to provide that a person is not required to give notice of acquiring land if the acquisition is effected electronically; and

(d)to amend the Payroll Tax Act 2007 to reduce the rate of payroll tax; and

(e)to amend the Planning and Environment Act 1987 to impose a levy for the privilege of making certain planning permit applications; and

(f)to amend the Road Safety Act 1986 to increase the fee payable for registration or renewal of registration of a motor vehicle or trailer; and

(g)to amend the Taxation Administration Act 1997 to permit the disclosure of taxation information to particular persons for specified purposes and in connection with the administration or execution of a law of another State or Territory that corresponds to the First Home Owner Grant Act 2000.

2Commencement

(1)This Act (except Part 2, section 18, Division 4 of Part 4 and Parts 6 and 7) comes into operation on the day after the day on which it receives the Royal Assent.

(2)Section 18 is taken to have come into operation on 12 December 2007.

(3)Parts 2 and 7 come into operation on 1 July 2014.

(4)Part 6 comes into operation on 1 July 2015.

(5)Subject to subsection (6), Division 4 of Part 4 comes into operation on a day to be proclaimed.

(6)If Division 4 of Part 4 does not come into operation before 1 December 2014, it comes into operation on that day.

__________________

Part 2—Duties Act 2000

Division 1—Insurance duty

3Definitions

In section 3(1) of the Duties Act 2000—

(a)insert the following definition—

"insurer has the meaning given by section 184;";

(b)the definition of general insurer is repealed;

(c)in the definition of life insurance, for "section 198" substitute "section 196A";

(d)the definition of life insurer is repealed.

4Insurance duty

(1)In the Duties Act 2000—

(a)section 175(4) is repealed;

(b)at the foot of section 176(2) insert—

"Note

General insurance also includes life insurance policy riders—see section 196B.";

(c)in section 176(3) omit "life insurance or";

(d)in section 180 omit "general".

(2)For section 183(1) of the Duties Act 2000 substitute—

"(1)An insurer or a person to whom section 181 applies is entitled to a refund of duty if the insurer refunds, or there is refunded to the person, the whole or a part of a dutiable premium in respect of the contract of insurance for which duty has been paid.".

(3)For section 183(3) of the Duties Act 2000 substitute—

"(3)An insurer to whom duty is refunded may apply the amount of the refund to offset any other payment required to be made under this Act by the insurer.".

(4)In the Duties Act 2000—

(a)in section 183—

(i)in subsection (4), for "a general insurer" substitute "an insurer";

(ii)in subsection (5) omit "general" (wherever occurring);

(b)in the heading to Division 2 of Part 2 of Chapter 8, for "a general insurer" substitute "an insurer".

5New section 184 substituted

For section 184 of the Duties Act 2000 substitute—

"184   Who is an insurer?

An insurer is a person—

(a)who writes general insurance; and

(b)who does so otherwise than as an insurance intermediary; and

(c)who either—

(i)is authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business; or

(ii)is registered under the Life Insurance Act 1995 of the Commonwealth.".

6Registration of insurers

In the Duties Act 2000—

(a)insert the following heading to section 185—

"Insurers must be registered";

(b)in section 185, for "A general insurer" substitute "An insurer";

(c)in section 186, for "a general insurer" substitute "an insurer";

(d)in section 187(1)—

(i)for "a general insurer's" substitute "an insurer's";

(ii)in paragraph (a), after "revoked" insert "or the insurer's registration under the Life Insurance Act 1995 of the Commonwealth is cancelled (as the case requires)";

(e)insert the following heading to section 188—

"Cessation of business and cancellation of registration by the insurer";

(f)insert the following heading to section 189—

"Register of insurers";

(g)in section 189(1) omit "general";

(h)in section 194(2), for "A general insurer" substitute "An insurer";

(i)in section 195(1) omit ", life insurance";

(j)in section 196(g)(ii), for "society." substitute "society;";

(k)after section 196(g) insert—

"(h)life insurance.".

7New sections 196A and 196B inserted

After section 196 of the Duties Act 2000 insert—

"196A   Life insurance

(1)Subject to section 196B, life insurance is any insurance in respect of—

(a)a life or lives; or

(b)an event or contingency relating to or depending on a life or lives—

of a person who is, or persons who are, domiciled in Victoria at the time the insurance policy is issued, but does not include insurance against accident.

(2)Insurance against accident is any insurance under which payment is agreed to be made on the death of a person only from accident or violence or otherwise from a natural cause or as compensation for personal injury.

196BLife insurance policy riders

(1)This section does not apply to a policy of life insurance unless the insured person is, or the insured persons are, domiciled in Victoria.

(2)If a policy of life insurance, in addition to providing the insurance referred to in section 196A(1), also provides for the payment of a benefit on the occurrence of a contingency or event that does not relate to or depend on a life or lives (the additional insurance), then the additional insurance provided under or in accordance with the policy is taken to be general insurance and not life insurance.

(3)Subsection (2) applies—

(a)whether or not the life insurance and the additional insurance are separate or distinct matters; and

(b)whether or not payment of a benefit under the additional insurance component of the policy—

(i)will or may reduce the benefit payable under the life insurance component of the policy; or

(ii)will or may terminate the policy.

(4)If—

(a)there is no separately identifiable part of the premium payable in respect of the policy attributable to the additional insurance; or

(b)in the Commissioner's opinion, the identified part of the premium attributable to the additional insurance does not appear to correctly reflect the additional insurance—

the Commissioner may determine the amount or proportion of the premium attributable to the additional insurance.".

8Abolition of life insurance duty

Part 3 of Chapter 8 of the Duties Act 2000 is repealed.

9New clause 32 inserted in Schedule 2

After clause 31 of Schedule 2 to the Duties Act 2000 insert—

"32   Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014

A person who, immediately before 1 July 2014, was registered as a general insurer or a life insurer under Chapter 8 (as in force immediately before that day) is taken, on and after that day, to be registered as an insurer under Part 2 of Chapter 8 (as in force on and after that day).".

Division 2—Motor vehicle duty

10What is the rate of duty?

In section 218(1) of the Duties Act 2000—

(a)in paragraph (a)—

(i)in subparagraph (i), for "$10 per $200" substitute "$10.40 per $200";

(ii)in subparagraph (ia), for "$6 per $200" substitute "$6.40 per $200";

(iii)in subparagraph (ii), for "$5 per $200" substitute "$5.40 per $200";

(b)in paragraph (ab)—

(i)for "$10 per $200" substitute "$10.40 per $200";

(ii)for "$6 per $200" substitute "$6.40 per $200";

(c)in paragraph (b), for "$8 per $200" substitute "$8.40 per $200".

__________________

Part 3—First Home Owner Grant Act 2000

11Definitions

In section 3(1) of the First Home Owner Grant Act 2000 insert the following definitions—

"Australia's Foreign Investment Policy means the document issued by the Commonwealth Treasurer known as Australia's Foreign Investment Policy as in force from time to time;

Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997 of the Commonwealth;

Child Support Registrar means the Registrar within the meaning of the Child Support (Registration and Collection) Act 1988 of the Commonwealth;

IBAC Commissioner means the Commissioner appointed under section 20 of the Independent Broad-based Anti-corruption Commission Act 2011;".

12Protection of confidential information

After section 50(4)(ca) of the First Home Owner Grant Act 2000 insert—

"(cb)to the following persons—

(i)the Chief Executive Centrelink for the purposes of administering the social security law within the meaning of the Social Security Act 1991 of the Commonwealth or any regulations made under that law; or

Note

See section 23(17) of the Social Security Act 1991 of the Commonwealth.

(ii)the Child Support Registrar for the purposes of administering the Child Support (Registration and Collection) Act 1988 of the Commonwealth or the Child Support (Assessment) Act 1989 of the Commonwealth or any regulations made under those Acts; or

(iii)the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or

(iv)a member of the Foreign Investment Review Board for the purposes of briefing the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or

(v)the Secretary of the Department of the Treasury of the Commonwealth for the purposes of briefing the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or

(vi)the IBAC Commissioner for the purposes of administering the Independent Broad-based Anti-corruption Commission Act 2011 or any regulations made under that Act; or".

__________________

Part 4—Land Tax Act 2005

Division 1—Relevant day for taxable value of land

13Definitions

In section 3(1) of the Land Tax Act 2005—

(a)insert the following definitions—

"Council has the same meaning as in the Local Government Act 1989;

municipal district has the same meaning as in the Local Government Act1989;

non-rateable leviable land has the same meaning as in the Fire Services Property Levy Act 2012;

rateable land has the same meaning as in the Local Government Act 1989;";

(b)in the definition of supplementary valuation—

(i)after "section 13DF" insert "or 13L";

(ii)omit "(within the meaning of that Act)".

14Taxable value of land

For section 19(2) and (3) of the Land Tax Act 2005 substitute—

"(2)The relevant date is—

(a)for non-rateable leviable land and for rateable land—

(i)subject to subparagraph (ii), the date as at which the land was valued for the purposes of the last general valuation returned to the valuation authority before 1 January in the tax year; or

(ii)if the land has been valued for the purposes of a supplementary valuation after the return date of the last general valuation referred to in subparagraph (i) but before 1 January in the tax year, the return date of the supplementary valuation; or

(b)for any other land, 31 December in the year immediately preceding the tax year.".

15Use of valuations

In section 21(1)(a) of the Land Tax Act 2005 omit "within the meaning of the Valuation of Land Act 1960".

Division 2—Land held on trust

16Land tax for fixed trust if beneficial interests notified to Commissioner

For section 46B(2) and (3) of the Land Tax Act 2005 substitute—

"(2)A notice must be in the form, and contain the information, determined by the Commissioner.

(3)A notice takes effect for the tax year following the year in which the notice is lodged and remains in force until it is withdrawn by the trustee.

(3A)Despite subsection (1), if a trustee withdraws a notice that is in force under this section in respect of a fixed trust, the trustee cannot lodge another notice under this section in respect of that fixed trust.".

17Land tax for unit trust scheme if unitholdings notified to Commissioner

For section 46C(2) and (3) of the Land Tax Act 2005 substitute—

"(2)A notice must be in the form, and contain the information, determined by the Commissioner.

(3)A notice takes effect for the tax year following the year in which the notice is lodged and remains in force until it is withdrawn by the trustee.

(3A)Despite subsection (1), if a trustee withdraws a notice that is in force under this section in respect of a unit trust scheme, the trustee cannot lodge another notice under this section in respect of that unit trust scheme.".

18Land tax for excluded trusts and administration trusts

(1)In the heading to section 46E of the LandTax Act 2005, after "trusts" insert "and administration trusts".

(2)In section 46E of the Land Tax Act 2005, after "excluded trust" insert "or of an administration trust".

19Nomination of beneficiary of pre-2006 discretionary trust for land tax purposes

In section 46F(8)(b) of the Land Tax Act 2005, for "in respect of" substitute "following the tax year in".

20Nomination of PPR beneficiary of unit trust scheme or discretionary trust for land tax purposes

(1)For section 46H(4)(a) of the Land Tax Act 2005 substitute—

"(a)takes effect for the tax year in which the nomination is lodged; and".

(2)In section 46H(6)(b) of the Land Tax Act 2005 omit "respect of".

21Requirements for trustees to notify Commissioner

(1)In section 46K(1) of the Land Tax Act 2005, after "becoming trustee" insert "of the land".

(2)After section 46K(5A) of the Land Tax Act 2005 insert—

"(5B)If a nomination lodged under section 46H is in force and the nominated PPR beneficiary for the land ceases to use and occupy the land as his or her principal place of residence, the trustee of the land must lodge a written notice with the Commissioner within one month of that beneficiary ceasing to use or occupy the land as his or her principal place of residence.".

Division 3—Primary production land

22Definitions

(1)In section 64(1) of the Land Tax Act 2005—

(a)insert the following definitions—

"planning scheme means a planning scheme to which the Planning and Environment Act 1987 applies;

urban growth boundary has the same meaning as in the Planning and Environment Act 1987;";

(b)for the definition of greater Melbourne substitute—

"greater Melbourne means the aggregate area consisting of—

(a)the area within the municipal district of each Council listed in Part 1 of Schedule 2; and

(b)the area within an urban growth boundary specified in a planning scheme that is in force in the municipal district of each Council listed in Part 2 of Schedule 2;".

(2)Section 64(3), (4) and (5) of the Land Tax Act 2005 are repealed.

23Exemption of primary production land outside greater Melbourne

In section 65(2) of the Land Tax Act 2005, for "a business other than the business of" substitute "an activity other than".

24New section 70 substituted

For section 70 of the Land Tax Act 2005 substitute—

"70   Parcels of land

(1)For the purposes of section 66, a part of a parcel of land is to be regarded as a separate parcel of land if that part is occupied separately from or is obviously adapted to being occupied separately from other land in the parcel.

(2)For the purposes of section 67, a part of a parcel of land is to be regarded as a separate parcel of land if—

(a)that part is occupied separately from or is obviously adapted to being occupied separately from other land in the parcel; and

(b)the owner of the parcel of land is the owner of the land within the meaning of section 67(2).".

25New Schedule 2 inserted

After Schedule 1 to the Land Tax Act 2005 insert—

"SCHEDULE 2

Section 64(1)

Greater Melbourne

Part 1

Banyule City Council

Bayside City Council

Boroondara City Council

Darebin City Council

Glen Eira City Council

Maribyrnong City Council

Melbourne City Council

Monash City Council

Moonee Valley City Council

Moreland City Council

Port Phillip City Council

Stonnington City Council

Whitehorse City Council

Yarra City Council

Part 2

Brimbank City Council

Cardinia Shire Council

Casey City Council

Frankston City Council

Greater Dandenong City Council

Hobsons Bay City Council

Hume City Council

Kingston City Council

Knox City Council

Manningham City Council

Maroondah City Council

Melton City Council

Mitchell Shire Council

Mornington Peninsula Shire Council

Nillumbik Shire Council

Whittlesea City Council

Wyndham City Council

Yarra Ranges Shire Council

__________________".

26Transitional provision

After clause 14 of Schedule 3 to the Land Tax Act 2005 insert—

"15   Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014

(1)Grandfathered land that was exempt under section 65 or 68 for the 2014 tax year does not cease to be exempt under either of those sections for the 2015 tax year or subsequent tax years only because it is no longer outside greater Melbourne.

(2)Subclause (1) does not apply, or ceases to apply (as the case requires), if any of the following occurs after the relevant day—

(a)the land is subdivided;

(b)the land is disposed of;

(c)the owner of the land acquires other land that—

(i)is contiguous with the grandfathered land or separated from the grandfathered land only by a road, railway or other similar area across or around which movement is reasonably possible; and

(ii)is wholly or partly in greater Melbourne within the meaning of section 64(1) as amended by the amending Act or would be wholly or partly in greater Melbourne within the meaning of that section as amended by the amending Act if Division 3 of Part 4 of the amending Act had come into operation before the acquisition.

(3)To avoid doubt, land is not disposed of or acquired for the purpose of subclause (2) if ownership of the land vests in a joint tenant on the death of another joint tenant of the land.

(4)In this clause—

acquire means acquire by way of settlement, grant, assignment, transfer or conveyance;

amending Act means the Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014;

commencement day means the day after the day on which the amending Act receives the Royal Assent;

dispose of means dispose of by way of settlement, grant, assignment, transfer or conveyance;

grandfathered land means land or part of land that, on the relevant day, was outside greater Melbourne within the meaning of section 64(1) as in force on that day but on and after the commencement day is in greater Melbourne within the meaning of section 64(1) as amended by the amending Act;

relevant day means the day on which the motion for the second reading of the Bill for the amending Act was moved in the Legislative Assembly.".

Division 4—Notice of acquisition of land

27Definitions

In section 3(1) of the Land Tax Act 2005 insert the following definitions—

"electronic instrument means a registry instrument that is prepared in an electronic form to be lodged electronically for the purposes of land titles legislation by means of an ELN;

ELN means ELN within the meaning of the Electronic Conveyancing National Law (Victoria);

land titles legislation has the same meaning as in section 5 of the Electronic Conveyancing (Adoption of National Law) Act 2013;

registry instrument has the same meaning as in section 4(1) of the Transfer of Land Act 1958;".

28Notice of acquisition of land

After section 103(3) of the Land Tax Act 2005 insert—

"(4)This section does not apply to a person who acquires land in a manner that was effected by an electronic instrument lodged by means of an ELN.".

__________________

Part 5—Payroll Tax Act 2007

29Reduction in payroll tax rate

(1)In clause 1 of Schedule 1 to the Payroll Tax Act 2007, in the definition of R—

(a)in paragraph (c), for "or 1 July in any subsequent year" substitute ", 2011, 2012 or 2013";

(b)after paragraph (c) insert—

"(d)for the financial year commencing on 1 July 2014 or any subsequent financial year—4∙85%;".

(2)In clause 2 of Schedule 2 to the Payroll Tax Act 2007—

(a)in paragraph (c), for "—4∙90%" substitute "and before 1 July 2014—4∙90%;";

(b)after paragraph (c) insert—

"(d)for wages paid or payable on or after 1 July 2014—4∙85%.".

__________________

Part 6—Planning and Environment Act 1987

30Definitions

In section 3(1) of the Planning and Environment Act 1987 insert the following definitions—

"Commissioner means the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997;

consumer price index means the all groups consumer price index for Melbourne in original terms published by the Australian Bureau of Statistics;

leviable planning permit application has the meaning given in section 96P;

levy certificate means—

(a)a certificate issued under section 96T; or

(b)a revised certificate issued under section 96U;

metropolitan Melbourne means the aggregate area consisting of—

(a)the area within the municipal districts of the municipal councils set out in Schedule 2; and

(b)the area within the urban growth boundary specified in the planning scheme that is in force in the municipal district of the Mitchell Shire Council;".

31Applications for permits

(1)After section 47(1)(a) of the Planning and Environment Act 1987 insert—

"(ab)if the permit is required to undertake development, state the estimated cost of the development for which the permit is required; and".

(2)After section 47(1) of the Planning and Environment Act 1987 insert—

"(1A)If the application is a leviable planning permit application, the applicant must, at the same time as making the application, give the responsible authority a current levy certificate in respect of the development for which the permit is required that states an estimated cost of the development that is equal to or greater than the estimated cost of the development stated in the application.

(1B)If an applicant fails to comply with subsection (1A), the application is void.".

32What is the procedure for the application?

After section 73(1) of the Planning and Environment Act 1987 insert—

"(1A)Section 47(1)(ab), (1A) and (1B) do not apply to an application to the responsible authority to amend a permit.".

33Land owned or permit required by responsible authorities

In section 96(4) of the Planning and Environment Act 1987, for "3 and 5" substitute "3, 5 and 5A".

34Application for permit when amendment requested

(1)Before section 96A(4)(a) of the Planning and Environment Act 1987 insert—

"(aa)if the permit is required to undertake development, state the estimated cost of the development for which the permit is required; and".

(2)After section 96A(4) of the Planning and Environment Act 1987 insert—

"(4A)If the application for the permit is a leviable planning permit application, the applicant must, at the same time as making the application, give the planning authority a current levy certificate in respect of the development for which the permit is required that states an estimated cost of the development that is equal to or greater than the estimated cost of the development stated in the application.

(4B)If an applicant fails to comply with subsection (4A), the application for the permit is void.".

35New Division 5A inserted

After Division 5 of Part 4 of the Planning and Environment Act 1987 insert—

"Division 5A—Metropolitan Planning Levy

96OImposition of levy

(1)This Division imposes a levy, known as the Metropolitan Planning Levy, for the privilege of making a leviable planning permit application.

(2)The levy is payable by the person who intends to make the application.

96PWhat is a leviable planning permit application?

(1)A leviable planning permit application is an application under section 47 or 96A for a permit required for the development of land in metropolitan Melbourne if the estimated cost of the development for which the permit is required exceeds the threshold amount.

Note

See section 3(1) and Schedule 2 for the meaning of metropolitan Melbourne.

(2)The threshold amount is—

(a)in the financial year beginning on 1 July 2015, $1 million; and

(b)in the financial year beginning on 1 July 2016 and each subsequent financial year, the CPI adjusted amount calculated in accordance with section 96R.

96QAmount of levy

(1)The amount of the levy is $1.30 for every $1000 of the estimated cost of the development for which the permit is required.

(2)For the purposes of subsection (1), if the estimated cost of the development for which the permit is required is not a multiple of $1000, the estimated cost is to be rounded up or down to the nearest $1000 (and, if the amount by which it is to be rounded is $500, is to be rounded up).

96RCPI adjusted amount

(1)The CPI adjusted amount for a financial year is to be determined in accordance with the following formula—

where—

Cis the CPI adjusted amount being determined;

Tis—

(a)for the financial year beginning on 1 July 2016, $1 million; and

(b)for each subsequent financial year, the CPI adjusted amount for the previous financial year;

Ais the sum of the consumer price index numbers for the consecutive reference periods in respect of the period commencing on 1 January in the previous financial year and ending on the next following 31 December last published by the Australian Bureau of Statistics as at 15 April immediately preceding the financial year for which the CPI adjusted amount is being determined;

Bis the sum of the consumer price index numbers for the consecutive reference periods in respect of the period commencing on 1 January in the financial year before the previous financial year referred to in A and ending on the next following 31 December immediately preceding the financial year for which the CPI adjusted amount is being determined.

(2)On or before 31 May each year, the Commissioner must—

(a)notify each responsible authority and planning authority in metropolitan Melbourne of the CPI adjusted amount for the following financial year; and

(b)publish the CPI adjusted amount for the following financial year on an appropriate website.

(3)A failure to comply with subsection (2) in respect of a financial year does not affect the operation of section 96P and this section in respect of a levy payable in that year.

96SNotification and payment of levy

(1)A person who intends to make a leviable planning permit application must, before making it—

(a)give notice to the Commissioner; and

(b)pay the amount of the levy for the application to the Commissioner.

(2)Notice under subsection (1) must—

(a)be in the form approved by the Commissioner; and

(b)state the estimated cost of the development; and

(c)contain the information required by the Commissioner.

96TLevy certificate

(1)If a person pays the levy and the Commissioner is satisfied that the whole of the amount of the levy has been paid in respect of the estimated cost of the development, the Commissioner must issue a certificate to that person.

(2)A levy certificate must include the following information—

(a)the estimated cost of the development;

(b)the amount of the levy paid;

(c)a statement that the whole of the amount of the levy has been paid in respect of the estimated cost of the development;

(d)the date on which the certificate was issued;

(e)the date on which the certificate will expire;

(f)the name and address of the person who paid the levy;

(g)any other information the Commissioner considers appropriate.

(3)Subject to section 96U(3), a levy certificate expires 90 days after the day on which it is issued.

96URevised levy certificate

(1)Subsection (2) applies if—

(a)the Commissioner has issued a certificate under section 96T in respect of a leviable planning permit application; and

(b)the estimated cost of the development increases before the application is made; and

(c)the certificate has not expired.

(2)If a person pays any additional levy and the Commissioner is satisfied that the whole of the amount of the levy has been paid in respect of the increased estimated cost of the development, the Commissioner must issue a revised certificate to that person.

(3)The Commissioner may also issue a revised certificate—

(a)to correct any error in the information included in the certificate under section 96T(2)(b), (d), (e), (f) or (g); or

(b)if the estimated cost of the development stated in the certificate is different from the estimated cost of the development stated in the notice given under section 96S(1)(a).

(4)A revised certificate expires 90 days after the day on which it is issued.

96VNo refund of levy except in cases of mathematical error

(1)A person who has paid a levy under this Division is not entitled to a refund of the whole or any part of the levy except where there has been a mathematical error in calculating the amount of the levy by reference to the estimated cost of the development stated in the notice given to the Commissioner under section 96S(1)(a).

(2)Without limiting subsection (1), a person who has paid a levy under this Division is not entitled to a refund of the whole or any part of the levy—

(a)if the estimated cost of the development decreases after the levy is paid; or

(b)if the permit application to which the levy relates is not subsequently made, lapses or is refused or withdrawn; or

(c)if, at the time the permit application is made, the threshold amount has increased from the threshold amount at the time the levy was paid; or

(d)if the permit application to which the levy relates is granted and the permit is subsequently cancelled.

(3)Any refund under subsection (1) is to be paid from the Consolidated Fund which is appropriated by this section to the necessary extent.

96WCommissioner's functions and powers

(1)The Commissioner has the general administration of this Division and may do all things that are necessary or convenient to give effect to this Division.

(2)For the purpose of performing a function under this Division, the Commissioner may request in writing a responsible authority or planning authority to provide the Commissioner with any information relating to an application made to the authority for a permit under section 47 or 96A (as the case requires) or relating to any permit granted on such an application.

(3)A responsible authority or planning authority must as soon as practicable provide the Commissioner with the information requested under subsection (2).

96XProhibition on certain disclosures of information by Commissioner etc.

(1)A person who is or was the Commissioner or another person engaged in the administration of this Division must not disclose any information obtained under, or in relation to the administration of, this Division, except as permitted by this Division.

Penalty:60 penalty units.

(2)For the purposes of the Freedom of Information Act 1982, information referred to in subsection (1) is information of a kind to which section 38 of that Act applies.

96YPermitted disclosures

A person who is or was the Commissioner or another person engaged in the administration of this Division may disclose information obtained under, or in relation to the administration of, this Division—

(a)with the consent of the person to whom the information relates or at the request of a person acting on behalf of that person; or

(b)in connection with the administration of this Division; or

(c)in accordance with a requirement imposed under an Act; or

(d)to an authorised recipient, being—

(i)the Secretary to the Department of Treasury and Finance; or

(ii)the Secretary to the Department of Transport, Planning and Local Infrastructure; or

(iii)a relevant responsible authority; or

(iv)a relevant planning authority; or

(v)a person prescribed to be an authorised recipient for the purposes of this section; or

(e)if the information will not, or is not likely to, identify a particular person.

96ZResponsible authority or planning authority to keep levy certificate

A responsible authority or a planning authority must keep each levy certificate given to it under section 47 or 96A (as the case requires) for not less than 5 years after the levy certificate is given to it.".

36Definitions—Part 9B

In section 201R of the Planning and Environment Act 1987, the definitions of Commissioner and consumer price index are repealed.

37New Schedule 2 inserted

(1)Before of Schedule 1 to the Planning and Environment Act 1987 insert the following heading—

"SCHEDULES".

(2)After Schedule 1 to the Planning and Environment Act 1987 insert—

"__________________

SCHEDULE 2

Section 3(1)

Metropolitan Melbourne

Banyule City Council

Bayside City Council

Boroondara City Council

Brimbank City Council

Cardinia Shire Council

Casey City Council

Darebin City Council

Frankston City Council

Glen Eira City Council

Greater Dandenong City Council

Hobsons Bay City Council

Hume City Council

Kingston City Council

Knox City Council

Manningham City Council

Maribyrnong City Council

Maroondah City Council

Melbourne City Council

Melton City Council

Monash City Council

Moonee Valley City Council

Moreland City Council

Mornington Peninsula Shire Council

Nillumbik Shire Council

Port Phillip City Council

Stonnington City Council

Whitehorse City Council

Whittlesea City Council

Wyndham City Council

Yarra City Council

Yarra Ranges Shire Council".

__________________

Part 7—Road Safety Act 1986

38Fee for registration or renewal of registration

In section 9(2) of the Road Safety Act 1986, for "18∙54 fee units" substitute "20∙42 fee units".

__________________

Part 8—Taxation Administration Act 1997

39Permitted disclosures to particular persons

(1)In section 92(1) of the Taxation Administration Act 1997—

(a)in paragraph (b)—

(i)in subparagraph (ii), after "2000" insert "or a corresponding law of another State or Territory";

(ii)for "or Act" substitute ", Act or corresponding law,";

(b)after paragraph (e)(viii) insert—

"(ix)the Chief Executive Centrelink for the purposes of administering the social security law within the meaning of the Social Security Act 1991 of the Commonwealth or any regulations made under that law; or

Note

See section 23(17) of the Social Security Act 1991 of the Commonwealth.

(x)the Child Support Registrar for the purposes of administering the Child Support (Registration and Collection) Act 1988 of the Commonwealth or the Child Support (Assessment) Act 1989 of the Commonwealth or any regulations made under those Acts; or

(xi)the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or

(xii)a member of the Foreign Investment Review Board for the purposes of briefing the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or

(xiii)the Secretary of the Department of the Treasury of the Commonwealth for the purposes of briefing the Commonwealth Treasurer in relation to a decision that the Commonwealth Treasurer may make under the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth or any regulations made under that Act or in accordance with Australia's Foreign Investment Policy; or

(xiv)the IBAC Commissioner for the purposes of administering the Independent Broad-based Anti-corruption Commission Act 2011 or any regulations made under that Act.".

(2)In section 92(2) of the Taxation Administration Act 1997 insert the following definitions—

"Australia's Foreign Investment Policy means the document issued by the Commonwealth Treasurer known as Australia's Foreign Investment Policy as in force from time to time;

Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997 of the Commonwealth;

Child Support Registrar means the Registrar within the meaning of the Child Support (Registration and Collection) Act 1988 of the Commonwealth;

IBAC Commissioner means the Commissioner appointed under section 20 of the Independent Broad-based Anti-corruption Commission Act 2011;".

__________________

Part 9—Repeal

40Repeal of amending Act

This Act is repealed on 1 July 2016.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

Endnotes

Minister's second reading speech—

Legislative Assembly: 7 May 2014

Legislative Council: 10 June 2014

The long title for the Bill for this Act was "A Bill for an Act to amend the Duties Act 2000, the First Home Owner Grant Act 2000, the Land Tax Act 2005, the Payroll Tax Act 2007, the Planning and Environment Act 1987, the Road Safety Act 1986 and the Taxation Administration Act 1997 and for other purposes."