Land Tax Regulations 1912 (Amendment) (Provisional)

Legislation au C1913L00069 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1913. No. 69.

 

PROVISIONAL REGULATIONS UNDER THE LAND TAX ASSESSMENT ACT 1910-1912.

I, THE GOVERNOR-GENTRAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Land Tax Assessment Act 1910-1912 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this fifth day of March, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command,

FRANK G. TUDOR,

For the Treasurer.

 

1. Regulation 40 of the Land Tax Regulations 1912 (Statutory Rules 1912, No. 141) is amended by adding thereto the following sub-Regulation—

“(4.) The Commissioner may set down the appeal for hearing at the next sitting of the Court of Appeal after the taxpayer has requested that the objection should be treated as an appeal.

2. Regulation 54 of the Land Tax Regulations is repealed, and the following Regulation inserted in its stead:—

“Calculation of Values.

54. For the purposes of sections 25, 27, 28, and 34 of the Act the unimproved value of—

(a) land held by a legal tenant for life, without power to sell, under a settlement made before 1st July, 1910, or under the will of a testator who died before that day;

(b) a leasehold estate in land under a lease made or agreed to be made after the commencement of the Act, not being a lease made in pursuance of an agreement made before the commencement of the Act;

(c) a leasehold estate in land under a lease made or agreed to be made before the commencement of the Act;

(d) an estate of freehold arising by virtue of a lease for life under a lease or an agreement for a lease;

(e) an annuity charged on land under a settlement made before 1st July, 1910, or under the will of a testator who died before that day;

shall be calculated as follows;—

(1.) The value under (a) shall be the principal sum which, at 4½ per cent. per annum, simple interest, would produce an annual sum equal to the rent which the tenant for life obtains for the land, or which, if he let the land, he ought reasonably to be able to obtain:

C.3127.—Price 3d

Provided that if the value thus obtained exceeds the actual unimproved value of the land, the actual unimproved value of the land shall be taken as the value under (a).

(2.) The value under (b) shall be calculated as follows:—

(i.) In cases where the lease is for a fixed period of years, under Table I. in the Schedule;

(ii.) In cases where the lease is for a term of years, but determinable upon the death of any person—

(A) under Table I. in the Schedule: or

(B) under Table II. Or Table III. in the Schedule, as the case requires,

whichever gives the lower value.

(3.) The value under (c) shall be calculated as follows:—

(i.) where the lease is for a fixed period of years. In cases where the rent reserved by the lease varies during the currency of the lease, under Tables I. and V. in the Schedule; in all other eases, under Table I. in the Schedule;

(ii.) where the lease is for a term of years, but determinable on the death of any person. In cases where the rent reserved by the lease varies during the currency of the lease, under—

(A) Tables I. and V. in the Schedule; or

(B) Tables II. and V. or Table III. and V. in the Schedule, as the case requires,

whichever gives the lower value.

In cases where the rent reserved by the lease does not vary during the currency of the lease, under—

(A) Table I. in the Schedule; or

(B) Table II. or Table III, in the Schedule, as the case requires,

whichever gives the lower value.

(4.) The value under (d) shall be calculated as follows:—

(i.) In cases where the lease was made or agreed to be made before the commencement of the Act—

(A) where the rent reserved under the lease varies during the currency of the lease, under Tables II. and V., or Tables III. and V. in the Schedule, as the case requires;

(B) where the rent reserved under the lease does not vary during the currency of the lease, under Table II. or Table III., as the case requires;

(ii.) In cases where the lease was made or agreed to be made after the commencement of the Act, not being a lease made in pursuance of an agreement made before the commencement of the Act under Table II. or Table III. in the Schedule, as the case requires.

(5.) The value under (e) shall be calculated on the basis of 4½ per cent. as follows:—

(i.) In cases where the annuity is payable during the life of any person under Table II. or Table III. in the Schedule as the case requires;

(ii.) In cases where the annuity is payable for a fixed period, under Table I. in the Schedule.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Provisional Regulations under the Land Tax Assessment Act 1910-1912, numbered Statutory Rules 1913, No. 69, were enacted to provide immediate operation of the regulations in light of urgency. These regulations, certified by the Governor-General on behalf of the Federal Executive Council, were designed to amend and supplement existing land tax regulations, particularly focusing on the calculation of land values for tax assessment purposes. The policy objective was to ensure a structured and fair calculation of land values, which was critical for the implementation of the land tax and to provide clarity for taxpayers and the government alike.

Scope and Application

The Provisional Regulations under the Land Tax Assessment Act 1910-1912 apply to various categories of land and interests in land, including land held under specific types of leases and settlements. These regulations are designed to determine the unimproved value of these land interests for the purposes of land tax assessment, as outlined in the Act. The regulations provide detailed calculation methods for the unimproved value of different types of leasehold estates and freehold interests, ensuring a standardised approach to valuation. The application of these regulations is governed by the Act itself and is primarily concerned with the calculation of land values for tax purposes within the Commonwealth of Australia. Notably, the regulations specify the methodology for calculating values based on different circumstances and lease terms, with provisions for both fixed and variable rent scenarios. The regulations also extend their application through the use of schedules that detail the specific calculations and tables required for various conditions, thus providing a comprehensive framework for land tax assessments under the Act.

Key Provisions

The Provisional Regulations under the Land Tax Assessment Act 1910-1912 (C1913L00069) introduce several modifications to the existing Land Tax Regulations 1912. Regulation 40 has been amended to include a sub-Regulation that allows the Commissioner to set down an appeal for hearing at the next sitting of the Court of Appeal after the taxpayer has requested that the objection should be treated as an appeal (Reg. 40(4)). Regulation 54 has been repealed and replaced with a new Regulation that outlines the calculation of values for various types of land and interests in land for the purposes of sections 25, 27, 28, and 34 of the Act (Reg. 54). The calculation methods vary depending on whether the land is held under a tenancy for life, a leasehold estate, a freehold estate arising from a lease for life, or an annuity charged on land, among other considerations. These calculations are to be made according to specified tables in the Schedule to the Regulations. The Provisional Regulations impose several obligations and requirements on the parties and entities governed by the Land Tax Assessment Act 1910-1912. Taxpayers are required to ensure that their objections to assessments are properly lodged and treated as appeals if they so desire, in accordance with the amended Regulation 40. Furthermore, the Regulations mandate that the value of different types of land and interests in land be calculated according to the specified methods in Regulation 54. This includes determining the unimproved value of land held under various tenancies and leasehold interests, and the value of annuities charged on land, using the appropriate tables in the Schedule. The Provisional Regulations do not explicitly outline specific offences, penalties, or civil or criminal consequences for breaches of the Land Tax Assessment Act 1910-1912 or the Regulations themselves. However, it is reasonable to infer that breaches of the Act or Regulations may result in penalties as prescribed elsewhere in the Act or related legislation. For example, the original Land Tax Assessment Act 1910-1912 may include provisions for penalties in cases of non-compliance, failure to lodge objections within the specified timeframes, or incorrect valuation of land and interests in land. Such penalties could potentially include fines or other financial penalties, and in severe cases, criminal charges. The exact penalties would depend on the specific nature of the breach and the relevant provisions of the primary Act.

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Area of Law
Taxation Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Calculation of Values
Repeal & Amendment
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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.