Commonwealth Places (Mirror Taxes) Regulations 2000

Administered by Department of the Treasury

Legislation au F2000B00069 Regulations In force Legislative Instrument

Legislation content

Commonwealth Places (Mirror Taxes) Regulations 2000

Statutory Rules No. 66, 2000

made under the

Commonwealth Places (Mirror Taxes) Act 1998

Compilation No. 9

Compilation date: 15 December 2020

Includes amendments up to: F2020L01610

Registered: 12 January 2021

About this compilation

This compilation

This is a compilation of the Commonwealth Places (Mirror Taxes) Regulations 2000 that shows the text of the law as amended and in force on 15 December 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of Regulations

3 Definition

4 Prescribed State taxing laws—land taxes (Act s 3)

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

 

 

1  Name of Regulations

  These Regulations are the Commonwealth Places (Mirror Taxes) Regulations 2000.

3  Definition

  In these Regulations:

Act means the Commonwealth Places (Mirror Taxes) Act 1998.

4  Prescribed State taxing laws—land taxes (Act s 3)

  For the purposes of paragraph (b) of the definition of State taxing law in section 3 of the Act, the State laws in the following table are prescribed.

 

Item

State

Law

1

New South Wales

Land Tax Act 1956

Land Tax Management Act 1956

2

Victoria

Duties Act 2000

Land Tax Act 2005

Payroll Tax Act 2007

3

Queensland

Duties Act 2001

Land Tax Act 1915

Land Tax Act 2010

Taxation Administration Act 2001

4

Western Australia

Debits Tax Act 2002

Debits Tax Assessment Act 2002

Duties Act 2008

Metropolitan Region Improvement Tax Act 1959

Land Tax Act 2002

Land Tax Assessment Act 2002

Payroll Tax Act 2002

Payroll Tax Assessment Act 2002

Taxation Administration Act 2003

5

South Australia

Land Tax Act 1936

Payroll Tax Act 2009

6

Tasmania

Duties Act 2001

Land Tax Act 2000

Payroll Tax Act 2008

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

66, 2000

4 May 2000

4 May 2000 (r 2)

 

14, 2002

21 Feb 2002

Sch 2: 1 July 2001 (r 2(b))
Sch 3: 1 Mar 2002 (r 2(c))
Remainder: 1 Jan 2001 (r 2(a))

227, 2005

10 Oct 2005 (F2005L02730)

Sch 2: 1 July 2003 (r 2(b))
Sch 3: 1 July 2005 (r 2(c))
Sch 4: 11 Oct 2005 (r 2(d))
Remainder: 1 Jan 2001 (r 2(a))

18, 2007

16 Feb 2007 (F2007L00299)

1 Jan 2006 (r 2)

241, 2007

10 Aug 2007 (F2007L02401)

1 July 2007 (r 2)

214, 2008

20 Oct 2008 (F2008L03778)

1 July 2008 (r 2)

2, 2011

11 Feb 2011 (F2011L00239)

r 3 and Sch 1: 1 July 2008 (r 2(a))
r 4 and Sch 2: 1 July 2009 (r 2(b))
r 5 and Sch 3: 30 June 2010 (r 2(c))

 

Name

Registration

Commencement

Application, saving and transitional provisions

Treasury Laws Amendment (Miscellaneous and Technical Amendments) Regulations 2020

14 Dec 2020 (F2020L01610)

Sch 1 (item 4): 15 Dec 2020 (s 2(1) item 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 2.....................

rep LA s 48D

r 4.....................

am No 14, 2002; No 227, 2005

 

rs No 227, 2005

 

am No 18, 2007; No 241, 2007; No 214, 2008; No 2, 2011; F2020L01610

 

 

Overview

The Commonwealth Places (Mirror Taxes) Regulations 2000, made under the Commonwealth Places (Mirror Taxes) Act 1998, were introduced to address the issue of double taxation on Commonwealth property, ensuring that Commonwealth property does not receive a double tax benefit. The Regulations were enacted by the Parliament of Australia to provide a consistent approach to mirror taxation across different states. The policy objective of these Regulations is to prevent the Commonwealth from benefiting from a tax advantage that would not be available to other property owners in the same jurisdiction. By mirroring state and territory land taxes, the Regulations ensure that the Commonwealth pays a fair share of taxes, thereby avoiding any unfair competitive advantage. The Regulations list specific state laws that are considered for the purpose of mirroring taxes on Commonwealth property, ensuring a uniform application of the Act across different jurisdictions. These Regulations have undergone several amendments since their inception, with the most recent update on 14 December 2020, showing the ongoing commitment to maintaining a fair and consistent tax framework for Commonwealth properties. The amendments reflect changes in state taxing laws and updates to ensure the Regulations remain relevant and effective in achieving their intended purpose.

Scope and Application

The Commonwealth Places (Mirror Taxes) Regulations 2000, made under the Commonwealth Places (Mirror Taxes) Act 1998, are applicable to the prescribed State taxing laws concerning land taxes in various Australian states and territories. These regulations provide a framework for the operation of mirror taxes, ensuring consistency and alignment with state taxing laws. The regulations apply to entities and individuals subject to land taxes as specified by the respective state laws listed in the regulations. The geographic reach of these regulations is national, covering the various states and territories that have prescribed land tax laws. The regulations specify which state laws are considered under the definition of "State taxing law" for the purposes of the Act. The regulations do not explicitly provide for exclusions, exemptions, or thresholds, but they do list specific state laws that are applicable. The application and effect of these regulations can be further defined or modified by subordinate instruments or amendments, which are accessible through the Legislation Register. This compilation of the regulations includes amendments up to a certain date and details any uncommenced amendments or modifications that may affect the law.

Key Provisions

The Commonwealth Places (Mirror Taxes) Regulations 2000 (the Regulations) establish the framework for the imposition of taxes by the Commonwealth that mirror those imposed by the states. These regulations detail the specific state laws that are to be mirrored by the Commonwealth. According to regulation 4, the Regulations prescribe state taxing laws for the purpose of section 3 of the Commonwealth Places (Mirror Taxes) Act 1998 (the Act). The laws prescribed include land taxes, duties acts, and taxation administration acts from various states such as New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. Under these Regulations, the primary obligation for entities governed by the Act is to ensure compliance with the prescribed state taxing laws. This includes the requirement to remit taxes in accordance with the state laws listed in regulation 4. The Act and the Regulations mandate that the Commonwealth imposes taxes that reflect those imposed by the states, thus ensuring a uniform tax regime across the jurisdictions. Failure to comply with the obligations set forth by these Regulations can lead to various penalties and consequences. The Act includes provisions for offences and penalties for non-compliance, although the specific penalties are not detailed in the Regulations themselves. Generally, breaches of the Act or the Regulations can result in civil or criminal penalties, depending on the nature and severity of the breach. These penalties may include fines or, in more severe cases, imprisonment. The exact penalties would be determined by the courts based on the specific circumstances of the case and the relevant jurisdictional laws.

Legal classification tags

Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Catchwords
Prescribed State taxing laws

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.