Untitled document
State Taxation (Further Amendment) Act 1998
Act No. 103/1998
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2 PART 2—BUSINESS FRANCHISE (PETROLEUM PRODUCTS)
ACT 1979 3
3. Payments by Treasurer 3 4. Diesel fuel exemption certificate 3 5. New sections 20A and 20B inserted 3
20A. Liability to repay certain money 3 20B. Offences 4
PART 3—FINANCIAL INSTITUTIONS DUTY ACT 1982 6
6. New definition of broker 6 7. Non-bank financial institutions 6 8. New section 29A inserted 6
29A. Duration of certificate of approval 6
PART 4—LAND TAX ACT 1958 8
9. Release of information 8 10. Principal place of residence 8
PART 5—LIQUOR CONTROL ACT 1987 9
11. Payment of subsidies 9
PART 6—PAY-ROLL TAX ACT 1971 10
12. Definitions 10 13. Amendment of section 3C 11 14. New section 3D inserted 11
3D. Employment agents 11
i
Section Page
15. New sections 3E and 3F inserted 13
3E. Special arrangements for payment of tax by
employment agents on behalf of clients 13 3F.
Agreement to reduce or avoid liability for pay-roll tax 14
16. Nominated member of group 15 17. Exemption from pay-roll tax 16 18. New section 10A inserted 16
10A. Local government business entities 16
PART 7—STAMPS ACT 1958 18
19. Definitions 18 20. Duty on SCH-regulated transfers 19 21. Insurance duty 20 22. New subdivision (16) of Division 3 of Part II substituted— 20 (16) Motor vehicle and heavy trailer registration 21 137A. Definitions 21 137AB. Lodgment of statement of dutiable value 23 137AC. Who is liable to pay the duty? 23 137AD. When does duty become payable? 23 137AE. What is the dutiable value of a motor vehicle or
heavy trailer? 23
137AF. Prohibition on registration of motor vehicles and
heavy trailers 24
137AG. Registration of motor traders and dealers 24 137AH. Cessation of business and cancellation of registration 25
137AI. Register of used car dealers 25
137AJ. Endorsement of code number on application 26 137AK. Monthly returns and payment of duty 26 137AL. Recovery of duty by registered used car dealer 26 137AM. Unauthorised endorsement of code number 27 137AN. Duty on statement of change of use 27 137AO. Duty on statement of acquisition 28 137AP. Entitlement to refund 29 137AQ. Transitional provision 29
23. New Heading XXI in Third Schedule substituted 30 24. Marketable security duty 36 25. Sales of sheep and goats 38 26. Consequential amendment of State Taxation (Further Amendment) Act 1995 38
PART 8—TAXATION ADMINISTRATION ACT 1997 39
27. Special arrangements may include interest 39 28. Permitted disclosures of information 39 29. Objection 39
ii
Section Page
30. Certificate evidence 40 31. Statute law revision 40
═══════════════
NOTES 41
iii
Victoria
No. 103 of 1998
State Taxation (Further Amendment)
Act 1998†
[Assented to 1 December 1998]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to make certain
amendments to the Business Franchise
(Petroleum Products) Act 1979, the Financial
Institutions Duty Act 1982, the Land Tax Act
1958, the Liquor Control Act 1987, the Pay-roll
Tax Act 1971, the Stamps Act 1958 and the
Taxation Administration Act 1997.
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 2
2. Commencement
(1) This Part, Part 2, Part 3 (except section 6), Part 4 (except section 10), sections 16 and 21 and Part 8 (except sections 27 and 30) come into operation
on the day on which this Act receives the Royal
Assent.
(2) Part 5 is deemed to have come into operation at 3.30 p.m. on 6 August 1997.
(3) Section 10 is deemed to have come into operation on 26 May 1998.
(4) Sections 17 and 18 are deemed to have come into operation on 1 July 1998.
(5) Sections 6 and 19(1) are deemed to have come into operation on 13 October 1998.
(6) Sections 19(2), 20, 24, 25 and 26 come into
operation on 1 January 1999.
(7) Sections 12, 13, 14, 15, 22, 23, 27 and 30 come into operation on a day or days to be proclaimed.
_______________
State Taxation (Further Amendment) Act 1998
| s. 3 | Act No. 103/1998 |
PART 2—BUSINESS FRANCHISE (PETROLEUM
PRODUCTS) ACT 1979
| No. 9272. | 3. Payments by Treasurer |
| Reprint No. 4 | |
| as at 19 | |
| March 1998. | After section 17(2) of the Business Franchise (Petroleum Products) Act 1979 insert— "(3) If the Treasurer pays an amount to a person |
under this section that exceeds the amount
due to that person, the overpayment may be
off-set against future payments to that personunder this section.".
4. Diesel fuel exemption certificate
After section 19(6) of the Business Franchise
(Petroleum Products) Act 1979 insert—"(7) The holder of an exemption certificate must
return it to the Commissioner if the holder
does not expect to purchase diesel fuel at any
time during the remaining period of validity
of the certificate for use otherwise than for
propelling diesel engined road vehicles on aroad.".
5. New sections 20A and 20B inserted
After section 20 of the Business Franchise
(Petroleum Products) Act 1979 insert—
"20A. Liability to repay certain money
(1) A person who purchases diesel fuel at a price
at which the diesel fuel is offered for sale to
the holder of an exemption certificate and
who—
(a)
at the time of the purchase produces to the seller of the diesel fuel, or to an
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 5 agent of the seller, an exemption
certificate that has been revoked or that
was not issued to the purchaser; or
(b)
at the time of the purchase gives the seller of the diesel fuel, or an agent of the seller, false particulars of an exemption certificate; or
(c)
seeks to obtain the diesel fuel at that price by fraudulent means; or
(d)
uses the diesel fuel for propelling diesel engined road vehicles on roads—
is liable to pay as a debt due to the State an
amount calculated in accordance with theformula—
A L M = × where— prescribed.
A is the amount in dollars;
L is the number of litres of diesel fuel
purchased;20B. Offences
(1) A person who purchases diesel fuel and who at the time of that purchase—
(a)
is not the holder of a current exemption certificate; and
(b)
represents to the seller of the diesel fuel or an agent of the seller that the person is such a holder—
State Taxation (Further Amendment) Act 1998
| s. 5 | Act No. 103/1998 |
is guilty of an offence.
Penalty: 600 penalty units in the case of a
body corporate.
120 penalty units in any other
case.(2) A person who—
(a)
purchases diesel fuel as the holder, or purported holder, of an exemption certificate; and
(b)
uses, or authorises or permits the use of, the diesel fuel for propelling diesel engined road vehicles on a road—
is guilty of an offence.
Penalty: 600 penalty units in the case of a
body corporate.
120 penalty units in any other
case.".
_______________
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 6
PART 3—FINANCIAL INSTITUTIONS DUTY ACT 1982
6. New definition of broker No. 9850.
Reprint No. 3
In section 3(1) of the Financial Institutions Duty as at 22 August Act 1982, for the definition of "broker" 1997. substitute— Subsequently amended by Nos 84/1996, ' "broker" means a person (other than a bank) who is a broker within the meaning of the
43/1997,
86/1997 and Business Rules of Australian Stock 48/1998. Exchange Limited;'.
7. Non-bank financial institutions
In section 25(12) of the Financial Institutions Duty Act 1982, in the definition of "non-bank financial institution", for paragraph (d)
substitute—
"(d) a charitable institution other than a tertiary
educational institution;
(da) a public hospital;
(db) a State school;(dc) the trustees for the time being of a trust the
capital and income of which may not be
applied otherwise than for charitablepurposes;".
8. New section 29A inserted
After section 29 of the Financial Institutions
Duty Act 1982 insert—
"29A. Duration of certificate of approval
A certificate of approval under this Part—
(a)
comes into force on the day specified in it (which may be a day before the day on which it is issued); and
State Taxation (Further Amendment) Act 1998
| s. 8 | Act No. 103/1998 |
(b) remains in force for the period specified under this Part.".
_______________
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 9
PART 4—LAND TAX ACT 1958
9. Release of information No. 6289.
Reprint No. 9
In section 4(4) of the Land Tax Act 1958, before as at 26 May 1998. Further paragraph (d) insert—
amended by Nos 35/1998,
"(a) a member of the police force of or above the rank of Inspector; or".
46/1998 and
52/1998.
10. Principal place of residence
(1) In section 13H(1) and (2) of the Land Tax Act
1958 for "has paid" substitute "was assessed for
and paid".
(2) In section 13H of the Land Tax Act 1958 for sub-
section (3) substitute—
'(3) If—
(a)
an owner or trustee is entitled under sub-section (1) or (2) to a refund of tax in respect of 1999 or any subsequent year ("the tax year") in respect of land; and
(b)
the owner or trustee was assessed for and paid tax in respect of that land in respect of the year preceding the tax year; and
(c)
the owner or trustee was not entitled to an exemption under this Part in respect of any other land in respect of the year preceding the tax year—
the owner or trustee is entitled to a refund of
the tax referred to in paragraph (b).'.
_______________
State Taxation (Further Amendment) Act 1998
| s. 11 | Act No. 103/1998 |
PART 5—LIQUOR CONTROL ACT 1987
| No. 97/1987. | 11. Payment of subsidies |
| Reprint No. 4 | |
| as at 24 April | |
| 1998. Further | In section 119A(1)(b) of the Liquor Control Act |
| amended by | 1987, after "licences" insert "(whether granted |
| Nos 46/1998 | |
| and 52/1998. | under the law of this State or of another State or Territory)". |
_______________
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 12
PART 6—PAY-ROLL TAX ACT 1971
12. Definitions No. 8154.
Reprint No. 6
(1) In section 3(1) of the Pay-roll Tax Act 1971— as at 22 August 1997. Further
(a) for the definition of "employer" substitute— ' "employer" means any person who pays or
amended by Nos 80/1997,
86/1997 and
is liable to pay any wages and 48/1998. includes— (a)
the Crown in right of the State of Victoria;
(b)
any person deemed to be an employer by section 3C, 3D or 3F;
(c)
any public, local or municipal body or authority constituted under the law of the
Commonwealth or a State unless,
being an authority constituted
under the law of the
Commonwealth, it is immune
from the operation of this Act;';
(b)
after the definition of "employer" insert— ' "employment agency contract" has the
meaning given in section 3D(1);
"employment agent" has the meaning
given in section 3D(1);'.
(2) In section 3(1) of the Pay-roll Tax Act 1971, in the definition of ''wages"—
(a)
after "deemed by section 3C" insert ", 3D or 3F";
(b)
in paragraph (ba), after "section 3C" insert ", 3D or 3F".
State Taxation (Further Amendment) Act 1998
| s. 13 | Act No. 103/1998 |
13. Amendment of section 3C
(1) In section 3C(1)(e)(v) of the Pay-roll Tax Act
1971, after "public generally" insert "in that
financial year".
(2) After section 3C(1) of the Pay-roll Tax Act 1971
insert—
"(1A) For the purposes of this section, an
employment agency contract under which
services are supplied by an employment
agent, or a service provider is procured by an
employment agent, is not a relevantcontract.".
14. New section 3D inserted
After section 3C of the Pay-roll Tax Act 1971
insert—'3D. Employment agents
(1) In this section—
"contract" includes agreement, arrangement and undertaking;
"employment agency contract" means a contract, whether formal or informal and whether express or implied under
which a person ("employment agent")
procures the services of another person
("service provider") for a client of theemployment agent, other than—
(a)
a contract under or in respect of which—
(i) the employment agent does
not, and is not entitled to,
receive any payment, other
than a lump sum payment;
and
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 14
(ii) not a payment in respect of
the services provided by thethat lump sum payment is of the employment agent; or
(b)
a contract that results in, or that is made in circumstances that result in, a contract of employment
being created between the service
provider and the client.
(2) For the purposes of this Act—
(a) a client for whom services are procured under an employment agency contract is deemed to be an employer; and (b) the person who performs work for or in relation to which services are provided to the client under that employment agency contract is deemed to be an
employee of the client; and(c) subject to sub-section (3), any amount paid or payable by the client in respect of the provision of services by the service provider in connection with the employment agency contract is deemed to be wages paid or payable by the
client under the employment agency
contract.
(3) Sub-section (2)(c) does not apply to an
amount paid or payable in respect of the
provision of services by the service provider
to a client in connection with an employment
agency contract in any month in which the
person who performs work for or in relation
to which services are provided to the client
does so on less than 8 days.
State Taxation (Further Amendment) Act 1998
| s. 15 | Act No. 103/1998 |
(4) If an amount referred to in sub-section (2)(c)
is included in a larger amount paid or
payable by a client in connection with an
employment agency contract, that part of the
larger amount that is not attributable to the
provision of services in connection with the
employment agency contract may be
prescribed by the regulations.
(5) If, in respect of a payment that is deemed to
be wages under this section, pay-roll tax is
paid by or on behalf of the client—
(a)
no other person is liable to pay pay-roll tax in respect of that payment; and
(b)
if another person is liable to make a payment in respect of the provision of services to which the payment relates, that person is not liable for pay-roll tax in respect of that payment unless any of the payments is made with an intention, either directly or indirectly, of avoiding or evading the payment of tax by any person.'.
15. New sections 3E and 3F inserted
After section 3D of the Pay-roll Tax Act 1971
insert—"3E. Special arrangements for payment of tax by
employment agents on behalf of clients
(1) Subject to sub-section (2), if—
(a) the Commissioner has approved a of Part 6 of the Taxation Administration Act 1997 for the payment of pay-roll tax on behalf of a client by an employment agent; and
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 15
(b)
a client pays an amount in respect of pay-roll tax to an employment agent as part of that special arrangement—
the client is relieved from any further
liability for pay-roll tax in respect of that
amount.(2) Sub-section (1) does not apply if the effect of the employment agency contract is to reduce or avoid the liability of the client to the
assessment, imposition or payment of pay- roll tax (otherwise than as provided by sub- section (1)).
(3) This section has effect in relation to
employment agency contracts made before, on or after the commencement of section 15 of the State Taxation (Further
Amendment) Act 1998.
3F. Agreement to reduce or avoid liability for
pay-roll tax
(1) If any person enters into an employment
agency contract and the effect of the contract
is to reduce or avoid the liability of any
person to the assessment, imposition or
payment of pay-roll tax, the Commissioner
may—
(a) disregard the contract; and
(b) determine that any party to the contract is deemed to be an employer for the purposes of this Act; and (c) determine that any payment made in respect of the contract is deemed to be wages for the purposes of this Act. (2) If the Commissioner makes a determination
under sub-section (1), the Commissioner
must serve a notice to that effect on the
State Taxation (Further Amendment) Act 1998
| s. 16 | Act No. 103/1998 |
person deemed to be an employer for the
purposes of this Act and must set out in the
notice the facts on which the Commissioner
relies and the reasons for making thedetermination.
(3) This section has effect in relation to
employment agency contracts made before, on or after the commencement of section 15 of the State Taxation (Further
Amendment) Act 1998.".
16. Nominated member of group
(1) In section 9A(4)(a) of the Pay-roll Tax Act
1971—
(a) after "and notice" insert "in accordance with sub-section (4A)"; (b) in sub-paragraph (i), after "being a notice" insert "in accordance with sub-section (4A)"; (c) in sub-paragraph (ii), after "by notice" insert "in accordance with sub-section (4A)"; (d) in sub-paragraph (iii), after "notice of section (4A)".
(2) After section 9A(4) of the Pay-roll Tax Act 1971
insert—
"(4A) A notice of nomination, or of revocation or objection to a nomination, of a member of a group under sub-section (4)(a) must be in
writing, be dated and include—
(a)
the name and address of each member of the group making, revoking or objecting to the nomination; and
(b)
the date on which the group came into existence; and
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 17
(c)
the name and address of the member of the group in respect of whom the notice is given; and
(d)
in the case of a notice of nomination, the date on which the member of the group became such a member.".
17. Exemption from pay-roll tax
After section 10(1)(k) of the Pay-roll Tax Act
1971 insert—"(l) subject to section 10A, by a body corporate
to a person for or in connection with an
activity conducted for a municipal council,
or for 2 or more municipal councils, under a
written arrangement between the body
corporate and the municipal council ormunicipal councils.".
18. New section 10A inserted
After section 10 of the Pay-roll Tax Act 1971 insert—
"10A. Local government business entities
The exemption under section 10(1)(l)—
(a) does not apply to wages paid or payable for or in connection with an activity referred to in section 10(1)(e); (b) corporate is a wholly-owned subsidiary
(within the meaning of thedoes not apply unless the body council or municipal councils;
(c) does not apply unless the Commissioner is satisfied—
(i) that the arrangement between the body corporate and the municipal
State Taxation (Further Amendment) Act 1998
| s. 18 | Act No. 103/1998 |
council or municipal councils
includes provisions for the
payment by the body corporate to
the municipal council or
municipal councils of amounts
approximately equivalent to the
amount of pay-roll tax that would
be payable by the body corporate
under this Act but for the
exemption; and(ii) that those provisions are being complied with.".
_______________
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 19
PART 7—STAMPS ACT 1958
19. Definitions No. 6375.
Reprint No. 14
(1) In section 3 of the Stamps Act 1958 for the as at 1 September
definition of "broker" substitute—
1997. Further amended by
' "broker" means a person who is a broker within the meaning of the Business Rules of
Nos 86/1997,
46/1998,48/1998 and Australian Stock Exchange Limited;'. 52/1998.
(2) In section 3 of the Stamps Act 1958—
(a) insert the following definitions—
' "Australian register" has the samemeaning as in the Corporations Law;
"de facto spouse" means a person who isliving with a person of the opposite sex
as if they were married although theyare not;
"instalment warrant" means a warrant—
(a) in accordance with the Business
that is issued by the warrant issuer Exchange Limited; and
(b) that is an option contract within the meaning of section 9 of the Corporations Law; and (c) that provides beneficial ownership in respect of marketable securities that are quoted on the market operated by Australian Stock
Exchange Limited; and(d) marketable securities to the
that provides legal ownership of final instalment, being a payment
State Taxation (Further Amendment) Act 1998
| s. 20 | Act No. 103/1998 |
that the warrant holder makes under the terms of issue of the warrant;
"warrant-issuer" means a person who is a
warrant-issuer under the Business
Rules of Australian Stock Exchange
Limited;';
(b) in the definition of "marketable security" "(f) any instalment warrant;".
20. Duty on SCH-regulated transfers
In section 60EA of the Stamps Act 1958 for
paragraph (c) substitute—
"(c) the security is—(i) a share, or a right or CUFS in respect of a share, in a Victorian registered company; or
(ii) a share, or a right or CUFS in respect of a share, in a corporation incorporated outside Australia, being a share that is kept on the Australian register kept in Victoria; or
(iii) a unit or sub-unit or otherwise), or a
CUFS in respect of a right or interest,a right or interest (whether described as scheme, being a right or interest that is registered on a register kept in Victoria; or
(iv) a right or interest (whether described as a unit or sub-unit or otherwise), or a CUFS in respect of a right or interest, of a beneficiary under a unit trust scheme, being a right or interest that is
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 21 not registered on a register kept in
Australia but in respect of which the
manager (or, if there is no manager, the
trustee) of the unit trust scheme—
(A) is a Victorian registered company;
or
(B) is a natural person resident in
Victoria; or
(v) an IR in respect of a share in a Victorian registered company; or
(vi) an instalment warrant providing
beneficial ownership in respect of
shares in a Victorian registered
company; and".
21. Insurance duty
(1) In section 99 of the Stamps Act 1958 for sub-
section (1) substitute—
"(1) For the purposes of section 97, the premiums
chargeable with stamp duty are all premiums
for assurance or insurance business that areapplicable to—
(a) property in Victoria; or
(b) a risk, contingency or event concerning an act or omission that, in the normal course of events, may occur within or partly within Victoria.". (2) In section 99 of the Stamps Act 1958 sub-section (2) is repealed.
(3) Section 110 of the Stamps Act 1958 is repealed.
22. New subdivision (16) of Division 3 of Part II substituted—
For subdivision (16) of Division 3 of Part II of the
Stamps Act 1958 substitute—
State Taxation (Further Amendment) Act 1998
| s. 22 | Act No. 103/1998 |
'(16) Motor vehicle and heavy trailer
registration
137A. Definitions
In this subdivision and Heading XXI in the
Third Schedule—"application for registration" means an
application for registration of a motor
vehicle or heavy trailer under the RoadSafety Act 1986 if—
(a) the vehicle or trailer has not that Act; or
(b) vehicle or trailer is to be
registered differs from the personthe person in whose name the trailer was last registered;
"application for transfer of registration" means an application for the transfer of registration of a motor vehicle or heavy trailer under the Road Safety Act
1986;
"heavy trailer" means a trailer or
semi-trailer within the meaning of the Road Safety Act 1986 with an MRC exceeding 4·5 tonnes;
"licensed motor car trader" has the same meaning as in the Motor Car Traders Act 1986;
"motor vehicle" means a motor vehicle
within the meaning of the Road Safety
Act 1986;
"MRC" has the same meaning as in the Schedule to the Road Transport
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 22 Charges (Australian Capital Territory)
Act 1993 of the Commonwealth;
"passenger car" means—
(a) a motor vehicle constructed
principally for the carriage of
passengers; or(b) a motor vehicle that—
(i) is designed principally for
the conveyance of not more
than 8 adults; and(ii) truck chassis or with special
is constructed either on a operation—
but does not include—
(c) a motor cycle; or
(d) a motor vehicle having a utility or panel van type body in which the forward part of the body form and the greater part of the mechanical equipment are the same as those in a passenger car manufactured by the manufacturer of the motor vehicle; or
(e) the carriage of passengers and
a motor vehicle constructed for 8 adults (including the driver);
"registered operator" has the same
meaning as in the Road Safety Act
1986;
"registered used car dealer" means a
person registered under section 137AG;
State Taxation (Further Amendment) Act 1998
| s. 22 | Act No. 103/1998 |
"special dealer" means a person who would
meaning of the Motor Car Traders
be a motor car trader within the vehicles in which the person trades are not motor cars within the meaning of that Act.
137AB. Lodgment of statement of dutiable value
(1) A person who is required by law to make an
application for registration or transfer of registration of a motor vehicle or heavy trailer under the Road Safety Act 1986 must
lodge with the application a statement of the dutiable value of the motor vehicle or heavy trailer, unless the application is exempt from duty under this Act.
(2) A statement of the dutiable value is to be in a form approved by the Comptroller.
137AC. Who is liable to pay the duty?
(1) Duty on an application for registration of a motor vehicle or heavy trailer is payable by the applicant for registration.
(2) Duty on an application for transfer of
registration of a motor vehicle or heavy trailer is payable by the acquirer of the vehicle or trailer.
137AD. When does duty become payable?
Duty becomes payable on the making of the application for registration or transfer of registration of the motor vehicle or heavy trailer.
137AE. What is the dutiable value of a motor
vehicle or heavy trailer?
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 22 The "dutiable value" of a motor vehicle or heavy trailer is—
(a) the consideration in money or money's worth given for the acquisition of the motor vehicle or heavy trailer; or (b) the price at which the motor vehicle or heavy trailer might reasonably be sold, free from encumbrances, in the open market—
whichever is the greater.
137AF. Prohibition on registration of motor
vehicles and heavy trailers
(1) The registration authority must not register a motor vehicle or heavy trailer unless—
(a) a statement of the dutiable value of the motor vehicle or heavy trailer is lodged in accordance with section 137AB and duty is duly paid on the application; or (b) the application for registration of the motor vehicle or heavy trailer is exempt from duty under this Act. (2) In this section "registration authority"
means the person who has the responsibility
for the registration of motor vehicles or
heavy trailers in Victoria.
137AG. Registration of motor traders and dealers
(1) The Comptroller of Stamps, on written
application by a licensed motor car trader or
a special dealer, must register the trader or
dealer as a registered used car dealer and
give the trader or dealer a code number.(2) The Comptroller must give written notice of registration to the trader or dealer.
State Taxation (Further Amendment) Act 1998
| s. 22 | Act No. 103/1998 |
(3) Registration has effect on and from the date
specified in the notice under sub-section (2).
137AH. Cessation of business and cancellation of
registration
(1) A registered used car dealer who—
(a) ceases to be a licensed motor car trader or special dealer (as the case may be); or (b) wishes to cease being registered under section 137AG— must give written notice to the Comptroller of Stamps before or forthwith on so ceasing and must lodge the return required to be
lodged under section 137AK and pay the
duty required to be paid on that return, on or
before the 21st day of the month following
the month in which the notice is given.(2) The Comptroller may cancel the registration of a registered used car dealer—
(a)
on receipt of a notice under sub-section (1); or
(b)
if the Comptroller is satisfied that the dealer has ceased to be a licensed motor car trader or special dealer (as the case may be).
137AI. Register of used car dealers
(1) The Comptroller must keep a register of registered used car dealers.
(2) Anyone may inspect the register without
charge at the Comptroller's principal office
during the hours that office is open to the
public.
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 22
137AJ. Endorsement of code number on
application
When a registered used car dealer disposes of a motor vehicle or heavy trailer that is registered under the Road Safety Act 1986 to another person (whether or not the dealer is the registered operator of the vehicle or trailer), the dealer must endorse the dealer's code number on the application for transfer of registration of the vehicle or trailer. Penalty: 100 penalty units.
137AK. Monthly returns and payment of duty
(1) A registered used car dealer must, on or before the 21st day of each month—
(a) lodge a return with the Comptroller of Stamps; and (b) pay to the Comptroller as stamp duty on the return an amount equal to the duty that would have been payable under this Act on applications for
transfer of registration of motor
vehicles and heavy trailers disposed of
by the dealer during the preceding
month, but for exemption (4) under
Heading XXI in the Third Schedule.(2) A "nil" return must be lodged if nothing has happened in the preceding month to require the registered used car dealer to pay duty
under this section.
(3) The Comptroller may require a return under
this section to be verified in the manner
approved by the Comptroller.
137AL. Recovery of duty by registered used car
dealer
State Taxation (Further Amendment) Act 1998
| s. 22 | Act No. 103/1998 |
(1) A registered used car dealer may require a person who acquires a motor vehicle or heavy trailer from the dealer to pay the dealer an amount equal to the duty payable
by the dealer under section 137AK(1)(b) by
reference to the motor vehicle or heavytrailer.
(2) The requirement is duly made if it is
contained in a written request given to the
person that specifies the amount of the duty.(3) If the amount is not paid to the registered used car dealer, the dealer may recover it from the person as a debt.
137AM. Unauthorised endorsement of code number A person must not endorse the code number of a registered used car dealer on an
application for transfer of registration of a
motor vehicle or heavy trailer unless the
person is required to do so by or under this
subdivision.Penalty: 100 penalty units.
137AN. Duty on statement of change of use
(1) This section imposes duty if—
(a)
there is a change in the predominant use of a motor vehicle or heavy trailer the last application for registration or transfer of registration of which was exempt from duty under Heading XXI in the Third Schedule because of the use of the vehicle or trailer; and
(b)
an application for registration or transfer of registration of the vehicle or trailer in Victoria is not made in connection with the change of use.
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 22 (2) Within 14 days after there is a change in the predominant use of a motor vehicle or heavy trailer of the kind referred to in sub-section
(1), the registered operator of the vehicle or
trailer must—
(a)
lodge with the Comptroller of Stamps a statement of the change in the use; and
(b)
pay duty at the rate of $8 per $200, or part, of the dutiable value of the vehicle or trailer at the time the change occurred.
137AO. Duty on statement of acquisition
(1) This section imposes duty on the acquisition
of a motor vehicle or heavy trailer if an
application for transfer of registration of the
vehicle or trailer is not made within the time
required for the lodgment of that application
under the Road Safety Act 1986 or
regulations under that Act.
(2) If a person acquires a motor vehicle or heavy
transfer of registration of the vehicle or
trailer within the time required for the
lodgment of that application under the Road
Safety Act 1986 or regulations under thattrailer and does not make an application for expiry of that time—
(a) lodge with the Comptroller of Stamps a statement of the acquisition; and (b) pay duty at the rate of $8 per $200, or part, of the dutiable value of the vehicle or trailer at the time of the acquisition. (3) If an application referred to in sub-section
(2) is subsequently made and duty is paid on
the application or the application is not
State Taxation (Further Amendment) Act 1998
| s. 22 | Act No. 103/1998 |
chargeable with duty, the person is entitled
to a refund of duty paid on the statementunder sub-section (2).
137AP. Entitlement to refund
(1) A person is entitled to a refund of duty paid
by the person on an application for
registration or transfer of registration of a
motor vehicle or heavy trailer if—
(a)
the application is exempt from or not chargeable with duty; or
(b)
after the duty is paid the application is refused; or
(c) after the duty is paid—
(i) the proposed acquisition of the does not proceed; and
(ii) the vehicle or trailer has been returned to the person from whom it was proposed to be acquired; and
(iii) all money refundable as a result of the acquisition not proceeding has been refunded to the person who
proposed to acquire the vehicle or
trailer.
(2) A person is entitled to a refund of that part of the duty paid by the person on an application for registration or transfer of registration of a motor vehicle or heavy trailer that is
overpaid.
137AQ. Transitional provision
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 23 For the purposes of exemption (4) under
Heading XXI in the Third Schedule, a
reference to a previous application to transfer
registration of a motor vehicle or heavy
trailer includes a reference to a previous
notice of acquisition of the vehicle or trailer
within the meaning of section 137A as in
force immediately before the commencement
of section 22 of the State Taxation(Further Amendment) Act 1998.'.
23. New Heading XXI in Third Schedule substituted
For Heading XXI in the Third Schedule to the
Stamps Act 1958 substitute—
"XXI—APPLICATIONS FOR REGISTRATION
AND TRANSFER OF REGISTRATION OF MOTOR VEHICLES AND HEAVY TRAILERS
1. On an application for registration of a motor vehicle or heavy trailer that has not previously been registered in Victoria or elsewhere—
(a) for a passenger car the dutiable value of which exceeds $35 000 but does not exceed $45 000—$8 per $200, or part, of the dutiable value of the vehicle; (b) for a passenger car the dutiable value of which exceeds $45 000—$10 per $200, or part, of the dutiable value of the vehicle;
(c) in any other case—$5 per $200, or part, of the dutiable value of the vehicle or trailer.
2. On an application for registration of a motor vehicle or heavy trailer (other than an application referred to in clause 1) or an
State Taxation (Further Amendment) Act 1998
| s. 23 | Act No. 103/1998 |
application for transfer of registration of a
motor vehicle or heavy trailer—$8 per $200,
or part, of the dutiable value of the vehicle ortrailer.
Exemptions—
(1) An application for transfer of registration of
a motor vehicle or heavy trailer made by a
person who is beneficially entitled to the
vehicle or trailer following the death of the
person in whose name it was registered in
Victoria.
(2) An application for registration or transfer of registration of a motor vehicle or heavy trailer made by a surviving spouse or de facto spouse who has acquired the vehicle or
trailer through an entitlement to the whole or
part of the estate of the deceased spouse or
de facto spouse.(3) An application for registration or transfer of
registration of a motor vehicle or heavy
trailer made by the executor or administrator
of a deceased estate for the purpose of—
(a) subsequently transferring the vehicle or trailer to a person who is beneficially entitled to it; or (b) enabling the subsequent sale of the vehicle or trailer in the course of winding up the estate. (4) An application for transfer of registration of
a motor vehicle or heavy trailer made by a
person (other than a registered used car
dealer) who acquires the vehicle or trailer
from a registered used car dealer if—
(a)
duty under this Heading has been paid on an application for registration, or a
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 23 previous application to transfer the
registration of, the vehicle or trailer; or
(b)
the vehicle has been used otherwise than solely for sale and duty under this Heading has not been paid on an application for registration, or a previous application to transfer the registration of, the vehicle or trailer.
(5) An application by a registered used car
dealer who carries on a business of dealing in motor vehicles for transfer of registration of a motor vehicle or heavy trailer—
(a)
in the course of, and for the purpose of carrying on that business; and
(b)
solely for the purpose of the sale of the vehicle or trailer.
(6) An application by a registered used car
dealer who carries on a business of dealing,
for the purpose of sale by retail, in motor
vehicles or heavy trailers for transfer of
registration of a motor vehicle or heavytrailer—
(a) in the course of, and for the purpose of carrying on that business and solely or primarily for the purpose of either or
both of the following—
(i) the sale of the vehicle or trailer;
(ii) the use of the vehicle or trailer for the purpose of the sale of another motor vehicle or heavy trailer of the same class; or
(b)
solely or primarily for the purpose of the provision of the vehicle or trailer to a secondary educational institution for use for driver education purposes.
State Taxation (Further Amendment) Act 1998
| s. 23 | Act No. 103/1998 |
(7) An application by a licensed motor car trader who carries on a business of dealing in motor vehicles or heavy trailers for registration of a motor vehicle or heavy trailer—
(a) in the course of, and for the purpose of carrying on that business; and (b) solely for the purpose of the sale of the vehicle or trailer. (8) An application by a licensed motor car trader
who carries on a business of dealing, for the
purpose of sale by retail, in motor vehicles or
heavy trailers for registration of a motor
vehicle or heavy trailer—
(a) in the course of, and for the purpose of carrying on that business and solely or primarily for the purpose of either or both of the following—
(i) the sale of the vehicle or trailer;
(ii) the use of the vehicle or trailer for the purpose of the sale of another motor vehicle or heavy trailer of the same class; or
(b)
solely or primarily for the purpose of the provision of the vehicle or trailer to a secondary educational institution for use for driver education purposes.
(9) An application for registration or transfer of
trailer made by a person who holds a licence
under a law of another State or a Territory
that corresponds to the Motor Car Tradersregistration of a motor vehicle or heavy that Act if the application is made in the course of carrying out the business to which the licence relates.
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 23 (10) An application for registration or transfer of
registration of a motor vehicle or heavy
trailer made by a person if a fee would not be
payable under the Road Safety Act 1986 or
regulations under that Act on a transfer of
registration of the vehicle or trailer to that
person.
(11) An application for transfer of registration of
a motor vehicle or heavy trailer made by a
shareholder of a company in the course of a
distribution of assets of the company as a
consequence of the winding up or the
reduction of the capital of the company.
(12) An application for registration or transfer of
registration of a motor vehicle or heavy
trailer made to effect a transfer of the vehicle
or trailer from one person to another person,
or from two people to one of them or from
one person to themselves and another person
if—
(a)
both people are married to each other; or
(b)
both people have been married to each other and the Comptroller is satisfied that the transfer was made because of the breakdown of the marriage; or
(c)
both people are de facto spouses of each other; or
(d)
both people have been de facto spouses of each other and the Comptroller is satisfied that the transfer was made because of the breakdown of their relationship as de facto spouses—
State Taxation (Further Amendment) Act 1998
| s. 23 | Act No. 103/1998 |
and no other person takes or is entitled to
take an interest in the vehicle or trailer under
the transfer.(13) An application for registration or transfer of
registration of a motor vehicle or heavy
trailer made by a person if the Comptroller is
satisfied that—
(a) the application is made solely to under an instrument of settlement; and
(b) the instrument of settlement is made because of the breakdown of the marriage of the settlor; and (c) the person from whom the vehicle or trailer was acquired was a party to the marriage; and (d) no person other than a party to the marriage or a child of a party to the marriage is a beneficiary under the instrument of settlement. (14) An application for transfer of registration of a motor vehicle or heavy trailer made—
(a) by a person for whom, when a minor, the vehicle or trailer was acquired by another person as nominee or trustee; and (b) to give effect to the transfer of the vehicle or trailer from the nominee or trustee to the person after ceasing to be a minor. (15) An application for transfer of registration of a motor vehicle or heavy trailer made—
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 24
(a)
solely because of the appointment or retirement of a trustee or other change in trustees; and
(b)
in order to vest the vehicle or trailer in the trustees for the time being entitled to hold the vehicle.
(16) An application for registration of a motor
vehicle or heavy trailer by a person if—
(a)
the vehicle or trailer was last registered by the person outside Victoria but within Australia; and
(b)
the Comptroller is satisfied that the vehicle or trailer was not registered outside Victoria for the purpose of avoiding duty under this Heading.".
24. Marketable security duty
(1) In the Third Schedule to the Stamps Act 1958 in Heading IV(A)—
(a)
in clause 1 after "transfer" (where first occurring) insert "(other than a transfer to perfect a sale or purchase to which subdivision (4AA) of Division 3 of Part II applies)";
(b) after clause 1(a) insert "or";
(c) in clause 1 for paragraphs (b), (c) and (d) "(b) a share, or an interest in a share, in a
corporation incorporated outside the Australian register kept in Victoria; or
(c)
a right or interest (whether described as a unit or sub-unit or otherwise) of a beneficiary under a unit trust scheme,
State Taxation (Further Amendment) Act 1998
| s. 24 | Act No. 103/1998 |
| being a right or interest that is registered on a register kept in Victoria; or |
(d) a right or interest (whether described as beneficiary under a unit trust scheme, being a right or interest that is not registered on a register kept in Australia but in respect of which the manager (or, if there is no manager, the trustee) of the unit trust scheme—
(i) is a Victorian registered company; or
(ii) is a natural person resident in Victoria; or";
(d) after clause 1(da) insert—
"; or
(db) an instalment warrant providing
beneficial ownership in respect of
shares in a Victorian registeredcompany—";
(e) in exemption (3)—
(i) after paragraph (a)(iv) insert— "(v) instalment warrants; or";
(ii) after paragraph (b)(iv) insert—
"; or
(v) instalment warrants—";
(f) in exemption (20) for "Division 4B of "Division 2 of Part 2J.1 of the Corporations Law (other than a buy-back that is effected by the purchaser under one or more
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 25 agreements, arrangements or understandings
that the purchaser will issue shares)".
(2) In the Third Schedule to the Stamps Act 1958 after exemption (20) in Heading IV(A) insert—
"(21) A transfer of the underlying marketable
security to a trustee by reason of the issue of an instalment warrant by a warrant issuer to the applicant or the nominee of the applicant.
(22) A transfer of the underlying marketable security from a trustee to an instalment warrant holder in accordance with the terms
of issue of the instalment warrant.".
25. Sales of sheep and goats
In Heading XVIIA in the Third Schedule to the
Stamps Act 1958—
(a) for "PART XVIIA" substitute "XVIIA";
(b) for "nine cents ($0·09)" substitute "twelve cents ($0·12)".
26. Consequential amendment of State Taxation (Further Amendment) Act 1995
In section 45 of the State Taxation (Further No. 101/1995. Amendment) Act 1995 for paragraph (d)
substitute—
'(d) in Heading IV(A) in the Third Schedule, inclause 1 after "(4AA)" insert "or (5)".'.
_______________
State Taxation (Further Amendment) Act 1998
| s. 27 | Act No. 103/1998 |
PART 8—TAXATION ADMINISTRATION ACT 1997
No. 40/1997
| as amended | 27. Special arrangements may include interest |
| by Nos | |
| 86/1997, | After section 41(2)(g) of the Taxation |
| 93/1997, | Administration Act 1997 insert— |
| 46/1998, | |
| 48/1998 and | "(h) conditions requiring the payment of interest, calculated at the interest rate determined in |
| 52/1998. |
28. Permitted disclosures of information
In section 92(e)(ii) of the Taxation substitute "member of the police force".
29. Objection
After section 96(2) of the Taxation Administration Act 1997 insert— "(3) An applicant under section 25(1) of the
Financial Institutions Duty Act 1982 may lodge a written objection with the Commissioner if the applicant is dissatisfied with a decision of the Commissioner under section 25(3) of that Act not to issue a certificate of approval of an account kept in the name of the applicant as a special account on the ground that the applicant is not a non-bank financial institution within the meaning of paragraph (d), (da), (db) or (dc) of section 25(12) of that Act.
(4) If an applicant lodges an objection under
sub-section (3), the remaining provisions of
this Part apply as if a reference to the
taxpayer were a reference to the applicant.".
State Taxation (Further Amendment) Act 1998
Act No. 103/1998 s. 30
30. Certificate evidence
After section 128(c) of the Taxation
Administration Act 1997 insert—"(ca) that an amount of tax or interest specified in
the certificate is payable by a person
specified in the certificate in accordance with
a special arrangement approved undersection 39;".
31. Statute law revision
Section 138 of and Schedule 2 to the Taxation
Administration Act 1997 are repealed.
═══════════════
State Taxation (Further Amendment) Act 1998
| Notes | Act No. 103/1998 |
NOTES
†
Minister's second reading speech—
Legislative Assembly: 27 October 1998
Legislative Council: 12 November 1998
The long title for the Bill for this Act was "to amend the Business
Franchise (Petroleum Products) Act 1979, the Financial Institutions
Duty Act 1982, the Land Tax Act 1958, the Liquor Control Act 1987,
the Pay-roll Tax Act 1971, the Stamps Act 1958 and the Taxation
Administration Act 1997 and for other purposes."
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