Australian Capital Territory Tax (Cheques) Act 1969
Act No. 43 of 1969 as amended
[Note: This Act was repealed by Act No. 8 of 2007 on 15 March 2007]
This compilation was prepared on 9 November 2000
taking into account amendments up to Act No. 62 of 1987
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Incorporation.................................
3A Termination of tax..............................
4 Imposition of tax...............................
5 Amount of tax................................
Notes
An Act relating to the Imposition of Tax on certain Cheque Forms supplied or used by Authorized Bankers in the Australian Capital Territory.
1 Short title [see Note 1]
This Act may be cited as the Australian Capital Territory Tax (Cheques) Act 1969.
2 Commencement [see Note 1]
This Act shall come into operation on a date to be fixed by Proclamation.
3 Incorporation
The Australian Capital Territory Taxation (Administration) Act 1969 is incorporated and shall be read as one with this Act.
3A Termination of tax
Tax is not imposed on cheque forms supplied or used by a banker on or after the termination day.
4 Imposition of tax
Tax is imposed on all cheque forms supplied or used by a banker in pursuance of an authority given to the banker under Division 2 of Part III of the Australian Capital Territory Taxation (Administration) Act 1969.
5 Amount of tax
The amount of tax is 10 cents for each cheque form so supplied or used.
Notes to the Australian Capital Territory Tax (Cheques) Act 1969
Note 1
The Australian Capital Territory Tax (Cheques) Act 1969 as shown in this compilation comprises Act No. 43, 1969 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Australian Capital Territory Tax (Cheques) Act 1969 | 43, 1969 | 14 June 1969 | 1 July 1969 (see Gazette 1969, p. 3691) | |
Australian Capital Territory Tax (Cheques) Amendment Act 1981 | 126, 1981 | 30 Sept 1981 | 19 Aug 1981 | S. 3(2) |
Taxation Laws Amendment Act (No. 2) 1987 | 62, 1987 | 5 June 1987 | S. 59: 1 Aug 1987 (see Gazette 1987, No. S191) (a) | Ss. 58 and 61(1) |
(a) The Australian Capital Territory Tax (Cheques) Act 1969 was amended by section 59 only of the Taxation Laws Amendment Act (No. 2) 1987, subsection 2(8) of which provides as follows:
(8) Part VIII shall come into operation on a day, or respective days, to be fixed by Proclamation.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 3A................... | ad. No. 62, 1987 |
S. 5.................... | am. No. 126, 1981 |
Overview
The Australian Capital Territory Tax (Cheques) Act 1969 was enacted by the Australian Capital Territory to address the need for additional revenue sources within the territory. The Act was introduced to impose a tax on cheque forms supplied or used by authorised bankers in the Australian Capital Territory. The primary objective of this legislation was to generate revenue for the Australian Capital Territory through the imposition of a tax on cheque forms, which was considered a practical and accessible source of income. The Act was enacted by the Australian Capital Territory's legislative body, ensuring that the revenue generated would be directed towards the betterment of the territory. The tax was designed to be straightforward and consistent, with a fixed rate of 10 cents per cheque form supplied or used by authorised bankers, aligning with the policy objective of establishing a stable and predictable revenue stream.
Scope and Application
The Australian Capital Territory Tax (Cheques) Act 1969 applies to cheque forms supplied or used by authorised bankers within the Australian Capital Territory (ACT). This legislation imposes a tax on such cheque forms, aligning with the broader framework established by the Australian Capital Territory Taxation (Administration) Act 1969. The tax was set at 10 cents per cheque form at the time of the original enactment. The Act was repealed by the Australian Capital Territory Laws (Miscellaneous Amendments) Act 2007, which terminated the tax on cheque forms supplied or used by a banker on or after the termination day. The legislation's reach was limited to the ACT, reflecting its specific jurisdictional application. While the Act itself provided for the imposition and amount of the tax, it incorporated the Australian Capital Territory Taxation (Administration) Act 1969, thereby extending its application and enforcement mechanisms through subordinate instruments.
Key Provisions
The Australian Capital Territory Tax (Cheques) Act 1969 (hereafter referred to as the Act) provides the legislative framework for the imposition of a tax on cheque forms supplied or used by authorised bankers in the Australian Capital Territory. Section 4 of the Act specifies that tax is imposed on all cheque forms supplied or used by a banker pursuant to authority granted under Division 2 of Part III of the Australian Capital Territory Taxation (Administration) Act 1969. Section 5 stipulates that the tax amount is set at 10 cents for each cheque form supplied or used. The Act was repealed by Act No. 8 of 2007 on 15 March 2007, and this compilation was prepared on 9 November 2000, incorporating amendments up to Act No. 62 of 1987.
The Act imposes specific obligations on authorised bankers operating within the Australian Capital Territory. According to Section 4, these bankers must comply with the tax requirements outlined in the Act, which includes paying the specified tax amount for each cheque form supplied or used. This requirement is in line with the authority granted under Division 2 of Part III of the Australian Capital Territory Taxation (Administration) Act 1969. The incorporation of the Australian Capital Territory Taxation (Administration) Act 1969 ensures that the provisions of both Acts are read together, creating a cohesive regulatory framework. Section 3A of the Act also stipulates that tax is not imposed on cheque forms supplied or used on or after the termination day, which was determined by a subsequent proclamation.
The Act delineates specific consequences for non-compliance with its provisions. Although the repealed Act does not explicitly detail offences, penalties, or civil/criminal consequences for breaches, it is reasonable to infer that non-compliance with tax obligations could lead to legal repercussions. Under the Australian Capital Territory Taxation (Administration) Act 1969, penalties for tax-related offences typically include fines and, in severe cases, criminal charges. The exact penalties would depend on the specific nature and extent of the breach, as well as any applicable administrative or judicial processes.
In summary, the Australian Capital Territory Tax (Cheques) Act 1969 established a tax on cheque forms supplied or used by authorised bankers within the Australian Capital Territory. It imposed clear obligations on these bankers to comply with the tax requirements and specified the tax amount. Although the Act has since been repealed, its provisions and obligations would have been enforced in accordance with the Australian Capital Territory Taxation (Administration) Act 1969, with potential penalties for non-compliance.