Land Tax Abolition Act 1953

Legislation au C1953A00002 Not in force Act

Legislation content

LAND TAX ABOLITION.

 

No. 2 of 1953.

An Act to repeal the Acts of the Parliament relating to Land Tax, and for purposes connected therewith.

[Assented to 4th March, 1953.]

[Date of commencement, 1st April, 1953.]

BE it enacted by the Queens Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Land Tax Abolition Act 1953.

Repeal of Land Tax Acts.

2.—(1.) The Acts specified in the First Schedule to this Act are repealed.

(2.) The Acts specified in the first column of the Second Schedule to this Act are amended as respectively specified in the second column of that Schedule.

(3.) For all purposes in relation to land tax for any financial year before the financial year that commenced on the first day of July, One thousand nine hundred and fifty-two, the Acts referred to in the last two preceding sub-sections, and any regulations under any of those Acts, continue to have effect as if this Act had not been passed.

(4.) In any Act or regulations having effect by virtue of the last preceding sub-section—

(a) references to the Commissioner of Land Tax shall be read as references to the Commissioner of Taxation holding office under the Taxation Administration Act 1953;

(b) references to the Assistant Commissioner of Land Tax and to the Second Commissioner of Land Tax shall be read as references to the Second Commissioner of Taxation holding office under the Taxation Administration Act 1953;

(c) references to a Deputy Commissioner of Taxes shall be read as references to a Deputy Commissioner of Taxation referred to in the Taxation Administration Act 1953;

(d) references to a Valuation Board shall be read as references to a Valuation Board constituted under the Taxation Administration Act 1953; and

(e) references to a Chairman or a member of a Valuation Board shall be read as references to a Chairman or a member, respectively, of a Valuation Board constituted under the Taxation Administration Act 1953.


(5.) A person is not entitled to payment of any salary, fee or allowance by reason of the operation of this section.

THE SCHEDULES.

FIRST SCHEDULE.

Sec. 2 (1.).

Acts Repealed.

Land Tax Act 1910

Land Tax Act 1914

Land Tax Act 1922

Land Tax Act 1927

Land Tax Act 1938

Land Tax Act 1940

Land Tax Act 1941

Land Tax Act 1952

Land Tax Assessment Act 1910

Land Tax Assessment Act 1911

Land Tax Assessment Act 1912

Land Tax Assessment Act 1914

Land Tax Assessment Act 1916

Land Tax Assessment Act 1923

Land Tax Assessment Act 1924

Land Tax Assessment Act 1926

Land Tax Assessment Act 1927

Land Tax Assessment Act 1928

Land Tax Assessment Act 1930

Land Tax Assessment Act (No. 2) 1930

Land Tax Assessment Act 1934

Land Tax Assessment Act 1940

Land Tax Assessment Act 1951

Land Tax Assessment Act 1952

Land Tax Abolition Act 1952

SECOND SCHEDULE.

Sec. 2 (2.).

Acts Amended.

First Column.

Second Column.

Acts amended.

Amendments.

Judiciary Act 1937

The Schedule—

 

Omit—

 

“Land Tax Assessment Act 1910-1934.

Section 47—Repeal

Land Tax Assessment Act 1910-1937.

Defence (Transitional Provisions) Act 1946-1951

Section 12— Repeal

Defence (Transitional Provisions) Act 1947

Section 6— Repeal

Defence (Transitional Provisions) Act 1948

Section 7— Repeal

Defence (Transitional Provisions) Act 1949

Section 10— Repeal


SECOND SCHEDULE—continued.

Acts Amended—continued. Sec. 2 (2.).

First Column.

Second Column.

Acts amended.

Amendments.

Salaries (Statutory Offices) Adjustment Act 1947

First Schedule—

Omit—

“Land Tax Assessment Act 19101946

Commissioner of Land Tax

Section 5—

Omit from sub-section (5.) Two thousand pounds, insert Three thousand pounds

 

 

Assistant Commissioner of Land Tax

Section 5—

Omit from sub-section (5.) One thousand five hundred pounds, insert Two thousand two hundred and fifty pounds

Salaries (Statutory Offices) Adjustment Act 1950

First Schedule—

Omit—

“Land Tax Assessment Act 1910-1949

Commissioner of Land Tax

Section 5—

Omit from sub-section (5.) Three thousand pounds, insert Three thousand five hundred pounds

 

 

Assistant Commissioner of Land Tax

Section 5—

Omit from sub-section (5.) Two thousand two hundred and fifty pounds, insert Two thousand seven hundred and fifty pounds

 

Overview

The Land Tax Abolition Act 1953 was enacted to repeal the various acts related to land tax that had been previously established under different statutes. This legislative measure was introduced to streamline taxation laws and eliminate redundant regulations, thus addressing the complexity and redundancy in land tax administration. Enacted by the Parliament of the Commonwealth of Australia, the policy objective behind this Act was to simplify the tax system by removing outdated and unnecessary land tax laws, thereby enhancing the efficiency and effectiveness of tax administration. This Act not only repealed the specific Acts related to land tax but also made necessary amendments to other Acts to ensure that there were no residual references to the repealed Acts, thereby maintaining the coherence and integrity of the statutory framework. The comprehensive approach taken in this legislation aimed to ensure a smooth transition and avoid any potential legal uncertainties or ambiguities in the tax system.

Scope and Application

The Land Tax Abolition Act 1953 serves to repeal and amend various acts related to land tax in Australia, effectively abolishing land tax for financial years commencing after the 1st July 1952. The Act applies to all land tax-related statutes and regulations, ensuring that no person is entitled to any salary, fee, or allowance due to the operation of this Act. Geographically, the Act applies at the national level, impacting all entities and individuals subject to land tax laws across Australia. Notably, certain acts and regulations related to land tax remain in effect for financial years prior to 1st July 1952. The Act also specifies amendments to other legislation, such as the Judiciary Act 1937, Defence (Transitional Provisions) Act, and Salaries (Statutory Offices) Adjustment Acts, ensuring that references to land tax-related roles and boards are realigned to the Taxation Administration Act 1953. The Act does not provide for further extensions or restrictions through subordinate instruments.

Key Provisions

The Land Tax Abolition Act 1953 (the "Act") is a piece of legislation that repeals and amends various Acts related to land tax in Australia. Section 2(1) of the Act specifies the Acts that are repealed, including the Land Tax Act 1910 to Land Tax Act 1952 and the Land Tax Assessment Act 1910 to Land Tax Assessment Act 1952. Section 2(2) of the Act amends other Acts, including the Judiciary Act 1937, Defence (Transitional Provisions) Act 1946-1951, and Salaries (Statutory Offices) Adjustment Act 1947 and 1950. The changes to these Acts include the removal of references to land tax and adjustments to salary rates for certain positions. The Act imposes obligations on the parties and entities it governs by repealing the land tax Acts and amending other Acts to remove references to land tax. It also includes provisions for the continuation of certain Acts and regulations for financial years before 1 July 1952. Additionally, the Act specifies that no person is entitled to payment of any salary, fee, or allowance by reason of the operation of the Act. Breach of the provisions of the Act may result in civil or criminal consequences. However, the Act does not specify any particular offences, penalties, or consequences for breach. The maximum penalties for offences under the repealed Acts are not specified in the Act, but they may be found in the respective Acts themselves. It is important to note that the Act does not specify any particular offences, penalties, or consequences for breach. However, any breach of the provisions of the Act may result in civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for offences under the repealed Acts are not specified in the Act, but they may be found in the respective Acts themselves. It is important for individuals and entities to comply with the provisions of the Act to avoid any potential legal consequences.

Legal classification tags

Area of Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Enforcement Powers

Interactions

Authorises

All Versions

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.