Taxation Debts (Abolition of Crown Priority) Act 1980

Administered by Department of the Treasury

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Taxation Debts (Abolition of Crown Priority) Act 1980

No. 134 of 1980

 

An Act to abolish the priority accorded to certain Crown debts and for related purposes

[Assented to 19 September 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Taxation Debts (Abolition of Crown Priority) Act 1980.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

PART II—AMENDMENTS OF THE INCOME TAX ASSESSMENT ACT 1936

Interpretation

3. The Income Tax Assessment Act 1936 is in this Part referred to as the Principal Act.

Liquidators, &c.

4. (1) Section 215 of the Principal Act is amended—

(a) by omitting sub-sections (3) and (4) and substituting the following sub-sections:

(3) Subject to sub-section (3b), if the trustee is a person of the kind referred to in paragraph (a) or (b) of sub-section (1), the trustee—

(a) shall not, without the leave of the Commissioner, part with any of the assets of the company until the trustee has been so notified;

(b) shall set aside, out of the assets available for payment of ordinary debts of the company, assets to the value of an amount that bears to the value of the assets available for payment of ordinary debts of the company the same proportion as the amount notified by the Commissioner under sub-section (2) bears to the sum of—

(i) the amount notified by the Commissioner under sub-section (2);

(ii) any amount of prescribed tax that the Commissioner is required to notify to the trustee under an Act other than this Act and has so notified; and

(iii) the aggregate of the ordinary debts of the company (excluding any debt in respect of tax or prescribed tax); and

(c) is, to the extent of the value of the assets that the trustee is so required to set aside, liable as trustee to pay the tax.

(3a) If the trustee is a person of the kind referred to in paragraph (c) of sub-section (1), the trustee—

(a) shall not, without the leave of the Commissioner, part with any of the assets of the principal until the trustee has been notified by the Commissioner under sub-section (2);

(b) shall set aside, out of the assets available for the payment of the tax, assets to the value of the amount so notified, or the whole of the assets so available if they are of less than that value; and

(c) is, to the extent of the value of the assets that the trustee is so required to set aside, liable as trustee to pay the tax.

(3b) Nothing in paragraph (a) of sub-section (3) prevents the trustee parting with assets of the company for the purpose of paying debts of the company that are not ordinary debts of the company.

(3c) For the purposes of sub-sections (3) and (3b), a debt of the company is an ordinary debt if—

(a) the debt is an unsecured debt; and

(b) the debt is not required, under a law of the Commonwealth or of a State or Territory, to be paid in priority to some or all of the other debts of the company.

(3d) In sub-section (3), prescribed tax means—

(a) tax assessed under the Pay-roll Tax (Territories) Assessment Act 1971;

(b) tax assessed under the Sales Tax Assessment Act (No. 1) 1930, the Sales Tax Assessment Act (No. 2) 1930, the Sales Tax Assessment Act (No. 3) 1930, the Sales Tax Assessment Act (No. 4) 1930, the Sales Tax Assessment Act (No. 5) 1930, the Sales Tax Assessment Act (No. 6) 1930, the Sales Tax Assessment Act (No. 7) 1930, the Sales Tax Assessment Act (No. 8) 1930 or the Sales Tax Assessment Act (No. 9) 1930;

(c) charge assessed under the Stevedoring Industry Charge Assessment Act 1947;

(d) charge assessed under the Tobacco Charges Assessment Act 1955; or

(e) tax assessed under the Wool Tax (Administration) Act 1964.

(4) If the trustee fails to comply with any provision of this section or fails as trustee duly to pay the tax for which the trustee is liable under sub-section (3) or (3a), the trustee—

(a) is, to the extent of the value of the assets that the trustee is required under sub-section (3) or (3a), as the case may be, to set aside, personally liable to pay the tax; and

(b) is guilty of an offence and is punishable, upon conviction, by a fine of not less than $2 and not more than $100.; and

(b) by omitting sub-section (6).

(2) The amendments made by sub-section (1) have effect, and shall be deemed to have had effect, as if those amendments had come into operation on 1 November 1979.

Payment of tax to have priority in case of bankruptcy or liquidation

5. (1) Section 221 of the Principal Act is repealed.

(2) The amendment made by sub-section (1) has effect, and shall be deemed to have had effect, as if that amendment had come into operation on 1 November 1979.

PART III—AMENDMENTS OF THE PAY-ROLL TAX (TERRITORIES) ASSESSMENT ACT 1971

Interpretation

6. The Pay-roll Tax (Territories) Assessment Act 1971 is in this Part referred to as the Principal Act.

Liquidator to give notice

7. (1) Section 30 of the Principal Act is amended—

(a) by omitting sub-sections (3) and (4) and substituting the following sub-sections:

(3) Subject to sub-section (3a), the liquidator—

(a) shall not, without the leave of the Commissioner, part with any of the assets of the company until the liquidator has been so notified;

(b) shall set aside, out of the assets available for payment of ordinary debts of the company, assets to the value of an amount that bears to the value of the assets available for payment of ordinary debts of the company the same proportion as the amount notified by the Commissioner under sub-section (2) bears to the sum of—

(i) the amount notified by the Commissioner under sub-section (2);

(ii) any amount of prescribed tax that the Commissioner is required to notify to the liquidator under an Act other than this Act and has so notified; and

(iii) the aggregate of the ordinary debts of the company (excluding any debt in respect of tax or prescribed tax); and

(c) is, to the extent of the value of the assets that the liquidator is so required to set aside, liable as trustee to pay the tax.

(3a) Nothing in paragraph (a) of sub-section (3) prevents the liquidator parting with assets of the company for the purpose of paying debts of the company that are not ordinary debts of the company.

(3b) For the purposes of sub-sections (3) and (3a), a debt of the company is an ordinary debt if—

(a) the debt is an unsecured debt; and

(b) the debt is not required, under a law of the Commonwealth or of a State or Territory, to be paid in priority to some or all of the other debts of the company.

(3c) In sub-section (3), prescribed tax means—

(a) tax assessed under the Income Tax Assessment Act 1936;

(b) tax assessed under the Sales Tax Assessment Act (No. 1) 1930, the Sales Tax Assessment Act (No. 2) 1930, the Sales Tax Assessment Act (No. 3) 1930, the Sales Tax Assessment Act (No. 4) 1930, the Sales Tax Assessment Act (No. 5) 1930, the Sales Tax Assessment Act (No. 6) 1930, the Sales Tax Assessment Act (No. 7) 1930, the Sales Tax Assessment Act (No. 8) 1930 or the Sales Tax Assessment Act (No. 9) 1930;

(c) charge assessed under the Stevedoring Industry Charge Assessment Act 1947;

(d) charge assessed under the Tobacco Charges Assessment Act 1955; or

(e) tax assessed under the Wool Tax (Administration) Act 1964.

(4) If the liquidator fails to comply with any provision of this section or fails as trustee duly to pay the tax for which the liquidator is liable under sub-section (3), the liquidator—

(a) is, to the extent of the value of the assets that the liquidator is required under sub-section (3) to set aside, personally liable to pay the tax; and

(b) is guilty of an offence and is punishable, upon conviction, by a fine not exceeding $100.;

(b) by inserting in sub-section (5) any of before the tax due; and

(c) by omitting sub-section (6).

(2) The amendments made by sub-section (1) have effect, and shall be deemed to have had effect, as if those amendments had come into operation on 1 November 1979.

PART IV—AMENDMENTS OF THE SALES TAX ASSESSMENT ACT (No. 1) 1930

Interpretation

8. The Sales Tax Assessment Act (No. 1) 1930 is in this Part referred to as the Principal Act.

Liquidator to give notice

9. (1) Section 32 of the Principal Act is amended—

(a) by omitting sub-sections (2a) and (2b) and substituting the following sub-sections:

(2a) Subject to sub-section (2b), the liquidator—

(a) shall not, without the leave of the Commissioner, part with any of the assets of the company until the liquidator has been so notified;

(b) shall set aside, out of the assets available for payment of ordinary debts of the company, assets to the value of an amount that bears to the value of the assets available for payment of ordinary debts of the company the same proportion as the amount notified by the Commissioner under sub-section (2) bears to the sum of—

(i) the amount notified by the Commissioner under sub-section (2);

(ii) any amount of prescribed tax that the Commissioner is required to notify to the liquidator under an Act other than this Act and has so notified; and

(iii) the aggregate of the ordinary debts of the company (excluding any debt in respect of tax or prescribed tax);

and

(c) is, to the extent of the value of the assets that the liquidator is so required to set aside, liable as trustee to pay the tax.

(2b) Nothing in paragraph (2a)(a) prevents the liquidator parting with assets of the company for the purpose of paying debts of the company that are not ordinary debts of the company.

(2c) For the purposes of sub-sections (2a) and (2b), a debt of the company is an ordinary debt if—

(a) the debt is an unsecured debt; and

(b) the debt is not required, under a law of the Commonwealth or of a State or Territory, to be paid in priority to some or all of the other debts of the company.

(2d) In sub-section (2a), prescribed tax means—

(a) tax assessed under the Income Tax Assessment Act 1936;

(b) tax assesed under the Pay-roll Tax (Territories) Assessment Act 1971;

(c) sales tax assessed under an Act other than this Act;

(d) charge assessed under the Stevedoring Industry Charge Assessment Act 1947;

(e) charge assessed under the Tobacco Charges Assessment Act 1955; or

(f) tax assessed under the Wool Tax (Administration) Act 1964.

(2e) If the liquidator fails to comply with any provision of this section or fails as trustee duly to pay the tax for which the liquidator is liable under sub-section (2a), the liquidator—

(a) is, to the extent of the value of the assets that the liquidator is required under sub-section (2a) to set aside, personally liable to pay the tax; and

(b) is guilty of an offence and is punishable, upon conviction, by a fine of not less than $2 and not more than $100.;

(b) by inserting in sub-section (3) any of before the tax due; and

(c) by omitting sub-section (4).

(2) The amendments made by sub-section (1) have effect, and shall be deemed to have had effect, as if those amendments had come into operation on 1 November 1979.

Formal Amendments

10. The Principal Act is amended as set out in Schedule 1.

PART V—AMENDMENTS OF THE STEVEDORING INDUSTRY CHARGE ASSESSMENT ACT 1947

Interpretation

11. The Stevedoring Industry Charge Assessment Act 1947 is in this Part referred to as the Principal Act.

Liquidators, &c.

12. (1) Section 27 of the Principal Act is amended—

(a) by omitting sub-sections (3) and (4) and substituting the following sub-sections:

(3) Subject to sub-section (3b), if the trustee is a person of the kind referred to in paragraph (1)(a) or (b), the trustee—

(a) shall not, without the leave of the Commissioner, part with any of the assets of the company until the trustee has been so notified;

(b) shall set aside, out of the assets available for payment of ordinary debts of the company, assets to the value of an amount that bears to the value of the assets available for payment of ordinary debts of the company the same proportion as the amount notified by the Commissioner under sub-section (2) bears to the sum of—

(i) the amount notified by the Commissioner under sub-section (2);

(ii) any amount of prescribed tax that the Commissioner is required to notify to the trustee under an Act other than this Act and has so notified; and

(iii) the aggregate of the ordinary debts of the company (excluding any debt in respect of charge or prescribed tax); and

(c) is, to the extent of the value of the assets that the trustee is so required to set aside, liable as trustee to pay the charge.

(3a) If the trustee is a person of the kind referred to in paragraph (1)(c), the trustee—

(a) shall not, without the leave of the Commissioner, part with any of the assets of the principal until the trustee has been notified by the Commissioner under sub-section (2);

(b) shall set aside, out of the assets available for the payment of the charge, assets to the value of the amount so notified, or the whole of the assets so available if they are of less than that value; and

(c) is, to the extent of the value of the assets that the trustee is so required to set aside, liable as trustee to pay the charge.

(3b) Nothing in paragraph (3)(a) prevents the trustee parting with assets of the company for the purpose of paying debts of the company that are not ordinary debts of the company.

(3c) For the purposes of sub-sections (3) and (3b), a debt of the company is an ordinary debt if—

(a) the debt is an unsecured debt; and

(b) the debt is not required, under a law of the Commonwealth or of a State or Territory, to be paid in priority to some or all of the other debts of the company.

(3d) In sub-section (3), prescribed tax means—

(a) tax assessed under the Income Tax Assessment Act 1936;

(b) tax assessed under the Pay-roll Tax (Territories) Assessment Act 1971;

(c) tax assessed under the Sales Tax Assessment Act (No. 1) 1930, the Sales Tax Assessment Act (No. 2) 1930, the Sales Tax Assessment Act (No. 3) 1930, the Sales Tax Assessment Act (No. 4) 1930, the Sales Tax Assessment Act (No. 5) 1930, the Sales Tax Assessment Act (No. 6) 1930, the Sales Tax Assessment Act (No. 7) 1930, the Sales Tax Assessment Act (No. 8) 1930 or the Sales Tax Assessment Act (No. 9) 1930;

(d) charge assessed under the Tobacco Charges Assessment Act 1955; or

(e) tax assessed under the Wool Tax (Administration) Act 1964.

(4) If the trustee fails to comply with any provision of this section or fails as trustee duly to pay the charge for which the trustee is liable under sub-section (3) or (3a), the trustee—

(a) is, to the extent of the value of the assets that the trustee is required under sub-section (3) or (3a), as the case may be, to set aside, personally liable to pay the charge; and

(b) is guilty of an offence and is punishable, upon conviction, by a fine of not less than $2 and not more than $100.; and

(b) by omitting sub-section (6).

(2) The amendments made by sub-section (1) have effect, and shall be deemed to have had effect, as if those amendments had come into operation on 1 November 1979.

Formal Amendments

13. The Principal Act is amended as set out in Schedule 2.

PART VI—AMENDMENTS OF THE TOBACCO CHARGES ASSESSMENT ACT 1955

Interpretation

14. The Tobacco Charges Assessment Act 1955 is in this Part referred to as the Principal Act.

Liquidators to give notice

15. (1) Section 27 of the Principal Act is amended—

(a) by omitting sub-sections (3) and (4) and substituting the following sub-sections:

(3) Subject to sub-section (3a), the liquidator—

(a) shall not, without the leave of the Commissioner, part with any of the assets of the company until the liquidator has been so notified;

(b) shall set aside, out of the assets available for payment of ordinary debts of the company, assets to the value of an amount that bears to the value of the assets available for payment of ordinary debts of the company the same proportion as the amount notified by the Commissioner under sub-section (2) bears to the sum of—

(i) the amount notified by the Commissioner under sub-section (2);

(ii) any amount of prescribed tax that the Commissioner is required to notify to the liquidator under an Act other than this Act and has so notified; and

(iii) the aggregate of the ordinary debts of the company (excluding any debt in respect of charge or prescribed tax); and

(c) is, to the extent of the value of the assets that the liquidator is so required to set aside, liable as trustee to pay the charge.

(3a) Nothing in paragraph (3)(a) prevents the liquidator parting with assets of the company for the purpose of paying debts of the company that are not ordinary debts of the company.

(3b) For the purposes of sub-sections (3) and (3a), a debt of the company is an ordinary debt if—

(a) the debt is an unsecured debt; and

(b) the debt is not required, under a law of the Commonwealth or of a State or Territory, to be paid in priority to some or all of the other debts of the company.

(3c) In sub-section (3), prescribed tax means—

(a) tax assessed under the Income Tax Assessment Act 1936;

(b) tax assessed under the Pay-roll Tax (Territories) Assessment Act 1971;

(c) tax assessed under the Sales Tax Assessment Act (No. 1) 1930, the Sales Tax Assessment Act (No. 2) 1930, the Sales Tax Assessment Act (No. 3) 1930, the Sales Tax Assessment Act (No. 4) 1930, the Sales Tax Assessment Act (No. 5) 1930, the Sales Tax Assessment Act (No. 6) 1930, the Sales Tax Assessment Act (No. 7) 1930, the Sales Tax Assessment Act (No. 8) 1930 or the Sales Tax Assessment Act (No. 9) 1930;

(d) charge assessed under the Stevedoring Industry Charge Assessment Act 1947; or

(e) tax assessed under the Wool Tax (Administration) Act 1964.

(4) If the liquidator fails to comply with any provision of this section or fails as trustee duly to pay the charge for which the liquidator is liable under sub-section (3), the liquidator—

(a) is, to the extent of the value of the assets that the liquidator is required under sub-section (3) to set aside, personally liable to pay the charge; and

(b) is guilty of an offence and is punishable, upon conviction, by a fine not exceeding $100.;

(b) by inserting in paragraph (b) of sub-section (5) any of before the charge due; and

(c) by omitting sub-section (6).

(2) The amendments made by sub-section (1) have effect, and shall be deemed to have had effect, as if those amendments had come into operation on 1 November 1979.

Formal Amendments

16. The Principal Act is amended as set out in Schedule 3.

PART VII—AMENDMENTS OF THE WOOL TAX (ADMINISTRATION) ACT 1964

Interpretation

17. The Wool Tax (Administration) Act 1964 is in this Part referred to as the Principal Act.

Liquidators to give notice

18. (1) Section 47 of the Principal Act is amended—

(a) by omitting sub-sections (3) and (4) and substituting the following sub-sections:

(3) Subject to sub-section (3a), the liquidator—

(a) shall not, without the leave of the Commissioner, part with any of the assets of the company until the liquidator has been so notified;

(b) shall set aside, out of the assets available for payment of ordinary debts of the company, assets to the value of an amount that bears to the value of the assets available for payment of ordinary debts of the company the same proportion as the amount notified by the Commissioner under sub-section (2) bears to the sum of—

(i) the amount notified by the Commissioner under sub-section (2);

(ii) any amount of prescribed tax that the Commissioner is required to notify to the liquidator under an Act other than this Act and has so notified; and

(iii) the aggregate of the ordinary debts of the company (excluding any debt in respect of tax or prescribed tax);

and

(c) is, to the extent of the value of the assets that the liquidator is so required to set aside, liable as trustee to pay the tax.

(3a) Nothing in paragraph (3)(a) prevents the liquidator parting with assets of the company for the purpose of paying debts of the company that are not ordinary debts of the company.

(3b) For the purposes of sub-sections (3) and (3a), a debt of the company is an ordinary debt if—

(a) the debt is an unsecured debt; and

(b) the debt is not required, under a law of the Commonwealth or of a State or Territory, to be paid in priority to some or all of the other debts of the company.

(3c) In sub-section (3), prescribed tax means—

(a) tax assessed under the Income Tax Assessment Act 1936;

(b) tax assessed under the Pay-roll Tax (Territories) Assessment Act 1971;

(c) tax assessed under the Sales Tax Assessment Act (No. 1) 1930, the Sales Tax Assessment Act (No. 2) 1930, the Sales Tax Assessment Act (No. 3) 1930, the Sales Tax Assessment Act (No. 4) 1930, the Sales Tax Assessment Act (No. 5) 1930, the Sales Tax Assessment Act (No. 6) 1930, the Sales Tax Assessment Act (No. 7) 1930, the Sales Tax Assessment Act (No. 8) 1930 or the Sales Tax Assessment Act (No. 9) 1930;

(d) charge assessed under the Stevedoring Industry Charge Assessment Act 1947; or

(e) charge assessed under the Tobacco Charges Assessment Act 1955.

(4) If the liquidator fails to comply with any provision of this section or fails as trustee duly to pay the tax for which the liquidator is liable under sub-section (3), the liquidator—

(a) is, to the extent of the value of the assets that the liquidator is required under sub-section (3) to set aside, personally liable to pay the tax; and

(b) is guilty of an offence and is punishable, upon conviction, by a fine not exceeding $100.;

(b) by inserting in paragraph (b) of sub-section (5) any of before the tax due; and

(c) by omitting sub-section (6).

(2) The amendments made by sub-section (1) have effect, and shall be deemed to have had effect, as if those amendments had come into operation on 1 November 1979.

Formal Amendents

19. The Principal Act is amended as set out in Schedule 4.

——————


SCHEDULE 1 Section 10

SALES TAX ASSESSMENT ACT (No. 1) 1930

FORMAL AMENDMENTS

Provision

Amendment

Sub-section 3(1) (definition of Sale of goods by wholesale)

Omit of this definition (last occurring).

Sub-section 10(2).............

Omit Five hundred dollars, substitute $500.

Sub-section 10(3).............

Omit Five hundred dollars, substitute $500.

Sub-section 11(4b)............

Omit sub-section (4) of section 11, substitute sub-section 11(4).

Sub-section 11(8a)............

Omit Two thousand dollars, substitute $2,000.

Sub-section 11(8b)............

Omit sub-section 8a, substitute sub-section (8a).

Section 12..................

Omit Two hundred dollars, substitute $200.

Section 13..................

Omit Two hundred dollars, substitute $200.

Section 14..................

Omit Two hundred dollars, substitute $200.

Section 15..................

Omit Two hundred dollars, substitute $200.

Section 16..................

Omit sub-section (7) of section 3, substitute sub-section 3(7).

Sub-section 17(3).............

Omit paragraph (b) of sub-section (2), substitute paragraph (2)(b).

Sub-section 18(2).............

(a) Omit seventy-five per centum, substitute 75%.

(b) Omit thirty-three and one-third per centum, substitute 331/3%.

Sub-section 18(3).............

Omit twenty per centum, substitute 20%.

Sub-section 18(3a)............

(a) Omit paragraph (b) of sub-section (1), substitute paragraph (1)(b).

(b) Omit or sub-section (3), substitute or (3).

Paragraph 18(4)(d)............

Omit sub-paragraph (i) of paragraph (c) but not as to the matters mentioned in sub-paragraph (ii) of that paragraph, substitute sub-paragraph (c)(i) but not as to the matters mentioned in sub-paragraph (c)(ii).

Paragraph 18(4)(e)............

Omit sub-paragraph (ii) of paragraph (c) but not as to the matter mentioned in sub-paragraph (i) of that paragraph, substitute sub-paragraph (c)(ii) but not as to the matter mentioned in subparagraph (c)(i).

Paragraph 18(4)(f).............

Omit sub-paragraph (i) of paragraph (c) and also as to the matters mentioned in sub-paragraph (ii) of that paragraph, substitute sub-paragraph (c)(i) and also as to the matters mentioned in sub-paragraph (c)(ii).

Sub-section 18(7).............

Omit sub-section (1) of section 3, substitute sub-section 3(1).

Sub-paragraph 18a(1)(c)(i)

Omit sub-paragraphs (i) to (v) (inclusive) of paragraph (b), substitute sub-paragraphs (b)(i) to (v) (inclusive).

Sub-paragraph 18a(1)(c)(ii)

Omit sub-paragraph (vi) of paragraph (b), substitute sub-paragraph (b)(vi).

Sub-section 18a(1)............

Omit sub-section (1), (1b), (1c), (3a) or (4) of section 18, substitute sub-section 18(1), (1b), (1c), (3a) or (4).

Paragraph 18a(2) (a)...........

Omit sub-section (1) of section 3, substitute sub-section 3(1).

Paragraph 18a(4) (a)...........

Omit paragraph (b) of sub-section (1), substitute paragraph (1)(b).

Paragraph 18a(4) (b)...........

Omit paragraph (b) of sub-section (1), substitute paragraph (1)(b).

Paragraph 18a(5) (a)...........

Omit sub-section (1b) or (1c) of section 18, substitute sub-section 18(1b) or (1c).

Sub-paragraph 18a(6)(c)(i)

Omit paragraph (b) of sub-section (1), substitute paragraph (1)(b).

Sub-paragraph 18a(6)(c)(ii)

Omit paragraph (b) of sub-section (1), substitute paragraph (1)(b).

Paragraph 18a(7)(a)............

Omit sub-paragraph (i) of paragraph (c) of sub-section (6) but not as to the matters mentioned in sub-paragraph (ii) of that paragraph, substitute sub-paragraph (6)(c)(i) but not as to the matters mentioned in sub-paragraph (6)(c)(ii).


SCHEDULE 1—continued

Provision

Amendment

Paragraph 18a(7)(b)...............

Omit sub-paragraph (ii) of paragraph (c) of sub-section (6) but not as to the matter mentioned in sub-paragraph (i) of that paragraph, substitute sub-paragraph (6)(c)(ii) but not as to the matter mentioned in sub-paragraph (6)(c)(i).

Paragraph 18a(7)(c)...............

Omit sub-paragraph (i) of paragraph (c) of sub-section (6) and also to the matters mentioned in sub-paragraph (ii) of that paragraph, substitute sub-paragraph (6)(c)(i) and also as to the matters mentioned in sub-paragraph (6)(c)(ii).

Sub-section 18(9).................

Omit sub-section (1) of section 3, substitute sub-section 3(1).

Section 21.....................

(a) Omit sub-section (3) of section 18, substitute sub-section 18(3).

(b) Omit twenty-one, substitute 21.

Sub-section 25(2).................

Omit sub-section (3a) or (4) of section 18 or sub-section (5) or (6) of section 18a, substitute sub-section 18(3a) or (4) or sub-section 18a(5) or (6).

Sub-section 25(2b)................

Omit Two dollars, substitute $2.

Sub-section 26(2).................

Omit twenty-one, substitute 21.

Sub-section 26(3).................

Omit three (wherever occurring), substitute 3.

Sub-section 26(5).................

Omit sub-section (2) of section 18, substitute sub-section 18(2).

Section 29.....................

Omit ten per centum, substitute 10%.

Sub-section 32(1).................

Omit fourteen, substitute 14.

Sub-section 35(4).................

Omit six, substitute 6.

Sub-section 35(6).................

Omit forty-two, substitute 42.

Sub-section 35(10)................

Omit forty-two, substitute 42.

Section 37.....................

Omit two, substitute 2.

Sub-section 38(2).................

Omit One hundred dollars, substitute $100.

Section 40.....................

Omit sub-section (4) of section 41 and sub-section (6) of section 42, substitute sub-section 41(4) and sub-section 42(6).

Sub-section 41(1).................

Omit forty-two, substitute 42.

Sub-section 41(4).................

Omit thirty, substitute 30.

Sub-section 42(1).................

Omit thirty, substitute 30.

Sub-section 45(1).................

Omit Four dollars nor more than Two hundred dollars, substitute $4 nor more than $200.

Sub-section 45(2).................

Omit paragraph (c) of sub-section (1), substitute paragraph (1)(c).

Sub-section 46(1).................

(a) Omit ten per centum, substitute 10%.

(b) Omit Two dollars (wherever occurring), substitute $2.

Section 47.....................

Omit four, substitute 4.

Section 48.....................

(a) Omit One hundred dollars, substitute $100.

(b) Omit One thousand dollars, substitute $1,000.

Section 49.....................

(a) Omit One hundred dollars, substitute $100.

(b) Omit One thousand dollars, substitute $1,000.

Sub-section 50(1).................

Omit three, substitute 3.

Sub-section 50(2).................

Omit paragraph (a) or (c) of sub-section (1) of section 45, substitute paragraph 45(1)(a) or (c).

Section 52.....................

Omit Two dollars nor more than One hundred dollars, substitute $2 nor more than $100.

Section 66.....................

(a) Omit Seven, substitute 7.

(b) Omit Fourteen, substitute 14.

(c) Omit One (wherever occurring), substitute 1.

(d) Omit Two, substitute 2.

(e) Omit three, substitute 3.

(f) Omit Six, substitute 6.

Paragraph 68(a)..................

Omit three, substitute 3.

Paragraph 68(c)..................

Omit One hundred dollars, substitute $100.

Sub-section 69(2).................

Omit seven, substitute 7.

Sub-section 70c(1)................

Omit Two hundred dollars, substitute $200.

Section 70d.....................

Omit Two hundred dollars (wherever occurring), substitute $200.

Sub-section 70e(1)................

(a) Omit five, substitute 5.

(b) Omit Two hundred dollars, substitute $200.

Paragraph 73(b)..................

Omit Two dollars nor more than Forty dollars, substitute $2 nor more than $40.

 


SCHEDULE 2 Section 13

STEVEDORING INDUSTRY CHARGE ASSESSMENT ACT 1947

FORMAL AMENDMENTS

Provision

Amendment

Sub-section 4(1) (definition of the Fund)

Omit the sixth day of October, One thousand nine hundred and sixty-seven,, substitute 6 October 1967.

Sub-section 4(3).............

Omit paragraph (a) of the last preceding sub-section, substitute paragraph (2) (a).

Sub-section 5(4).............

Omit of this section or under section nine of this Act, substitute or under section 9.

Sub-section 10(5).............

(a) Omit the last preceding sub-section, substitute sub-section (4).

(b) Omit of this section.

Sub-section 10(6).............

Omit of this section.

Section 10.................

Omit Five hundred dollars or imprisonment for twelve months, substitute $500 or imprisonment for 12 months.

Paragraph 11a(1)(a)...........

Omit one, substitute 1.

Sub-section 13(1).............

Omit fourteen, substitute 14.

Section 19.................

(a) Omit seventeen of this Act, substitute 17.

(b) Omit the last preceding section, substitute section 18.

(c) Omit ten per centum, substitute 10%.

Sub-section 20(3).............

(a) Omit the last preceding sub-section, substitute sub-section (2).

(b) Omit Two dollars, substitute $2.

Sub-section 21(1).............

Omit the King on behalf of.

Sub-section 27(1).............

Omit fourteen, substitute 14.

Sub-section 27(7).............

Omit fifty-eight of this Act, substitute 58.

Sub-section 29(4).............

Omit six, substitute 6.

Sub-section 29(5).............

Omit the last preceding sub-section, substitute sub-section (4).

Sub-section 29(7)

Omit of this section.

Sub-section 31(1).............

(a) Omit two (first occurring), substitute 2.

(b) Omit the next two succeeding sub-sections, substitute sub-sections (2) and (3).

Sub-section 32(2).............

Omit One hundred dollars, substitute $100.

Sub-section 34(1).............

Omit Four dollars or more than Three hundred dollars, substitute $4 or more than $300.

Sub-section 34(2).............

Omit Twenty dollars or more than Four hundred dollars, substitute $20 or more than $400.

Sub-section 34(4).............

Omit paragraph (c) of sub-section (1) of this section, substitute paragraph (1)(c).

Sub-section 35(1).............

(a) Omit of this sub-section (wherever occurring).

(b) Omit ten per centum, substitute 10%.

(c) Omit Two dollars (wherever occurring), substitute $2.

Sub-section 35(2).............

Omit the last preceding section, substitute section 34.

Section 36.................

Omit four, substitute 4.

Section 37.................

(a) Omit One hundred dollars, substitute $100.

(b) Omit One thousand dollars, substitute $1,000.

Section 38.................

Omit Two dollars or more than one hundred dollars, substitute $2 or more than $100.

Sub-section 39(1).............

(a) Omit thirty-seven of this Act, substitute 37.

(b) Omit three, substitute 3.

Sub-section 39(2).............

Omit paragraph (a) or (c) of sub-section (1) of section thirty-four of this Act, substitute paragraph 34(1)(a) or (c).

Sub-section 55(1).............

(a) Omit Seven, substitute 7.

(b) Omit Fourteen, substitute 14.

(c) Omit One (wherever occurring), substitute “1.

(d) Omit Two, substitute 2.

(e) Omit Three, substitute 3.

(f) Omit Six, substitute 6.


SCHEDULE 2continued

Provision

Amendment

Sub-section 55(2)...........

Omit the last preceding sub-section, substitute sub-section (1).

Sub-section 57(2)...........

(a) Omit three, substitute 3.

(b) Omit Four dollars, substitute $4.

Sub-section 59(2)...........

Omit the last preceding sub-section, substitute sub-section (1).

Sub-section 59(3)...........

(a) Omit of this section.

(b) Omit the last preceding paragraph, substitute paragraph (a).

Sub-section 60(1)...........

(a) Omit five, substitute 5.

(b) Omit Two hundred dollars, substitute $200.

Section 63................

Omit Two dollars or more than Forty dollars, substitute $2 or more than $40.

 

SCHEDULE 3 Section 16

TOBACCO CHARGES ASSESSMENT ACT 1955

FORMAL AMENDMENTS

Provision

Amendment

Section 2.................

Omit the first day of January, One thousand nine hundred and fifty-six, substitute 1 January 1956.

Section 10................

(a) Omit the last preceding sub-section, substitute sub-section (4).

(b) Omit of this section.

(c) Omit Five hundred dollars or imprisonment for twelve months, substitute $500 or imprisonment for 12 months.

Section 11................

Omit the next succeeding section, substitute section 12.

Sub-section 12(4)...........

Omit the last preceding section, substitute section 11.

Sub-section 12(6)...........

Omit the last two preceding sub-sections, substitute sub-sections (4) and (5).

Section 13................

(a) Omit three substitute 3.

(b) Omit twenty-one, substitute 21.

Section 14................

Omit the last preceding section, substitute section 13.

Sub-section 15(2)...........

Omit the next succeeding sub-section, substitute sub-section (3).

Sub-section 17(1)...........

(a) Omit three, substitute 3.

(b) Omit twenty-one, substitute 21.

Sub-section 18(1)...........

(a) Omit the last preceding section (wherever occurring), substitute section 17.

(b) Omit ten per centum, substitute 10%.

Sub-section 18(2)...........

(a) Omit twelve of this Act, substitute 12.

(b) Omit eleven of this Act, substitute 11.

(c) Omit the last preceding sub-section, substitute sub-section (1).

Paragraph 19(2)(d)..........

Omit thirteen of this Act, substitute 13.

Sub-section 21(1)...........

Omit the Queen on behalf of.

Sub-section 27(1)...........

Omit fourteen, substitute 14.

Sub-section 27(2)...........

Omit the last preceding sub-section, substitute sub-section (1).

Sub-section 27(5)...........

Omit two, substitute 2.

Sub-section 30(1)...........

Omit Four dollars and not more than Three hundred dollars, substitute $4 and not more than $300.

Sub-section 30(2)...........

Omit paragraph (a) or (c) of the last preceding sub-section, substitute paragraph (1)(a) or (c).

Sub-section 30(3)...........

(a) Omit paragraph (a) or (b) of sub-section (1) of this section, substitute paragraph (1)(a) or (b).

(b) Omit Twenty dollars and not more than Four hundred dollars, substitute $20 and not more than $400.

Sub-section 30(4)...........

Omit the last preceding sub-section, substitute sub-section (3).


SCHEDULE 3continued

Provision

Amendment

Sub-section 30(5)...........

Omit paragraph (c) of sub-section (1) of this section, substitute paragraph (1)(c).

Paragraph 31(1)(a)...........

(a) Omit ten per centum, substitute 10%.

(b) Omit Two dollars, substitute $2.

Paragraph 31(1)(b)..........

Omit Two dollars, substitute $2.

Sub-section 31(2)...........

(a) Omit the last preceding sub-section, substitute sub-section (1).

(b) Omit eighteen of this Act, substitute 18.

Sub-section 31(4)...........

Omit sub-section (1) of the last preceding section, substitute sub-section 30(1).

Section 32................

Omit sub-section (4) of the last preceding section, substitute sub-section 31(4).

Sub-section 40(2)...........

(a) Omit three, substitute 3.

(b) Omit Four dollars, substitute $4.

Paragraph 42(b)............

Omit Forty dollars, substitute $40.

SCHEDULE 4 Section 19

WOOL TAX (ADMINISTRATION) ACT 1964

FORMAL AMENDMENTS

Provision

Amendment

Sub-section 2(1)............

Omit the next succeeding sub-section, substitute sub-section (2).

Sub-section 2(2)............

(a) Omit of this Act.

(b) Omit the first day of July, One thousand nine hundred and sixty-four, substitute 1 July 1964.

Sub-section 4(1) (definition of certificate of appraisement)

Omit nineteen of this Act, substitute 19.

Sub-section 4(1) (definition of prescribed certificate)

(a) Omit sub-section (1) of section twenty of this Act, substitute sub-section 20(1).

(b) Omit sub-section (1) of section twenty-one of this Act (wherever occurring), substitute sub-section 21(1).

(c) Omit sub-section (1) of section twenty-two of this Act (wherever occurring), substitute sub-section 22(1).

(d) Omit sub-section (2) of section twenty of this Act, substitute sub-section 20(2).

Sub-section 4(1) (definition of registered wool-dealer)

Omit fourteen of this Act, substitute 14.

Sub-section 4(4)............

Omit The last preceding sub-section, substitute Sub-section (3).

Sub-section 8(5)............

(a) Omit the last preceding sub-section, substitute sub-section (4).

(b) Omit of this section.

Section 8.................

Omit Five hundred dollars or imprisonment for twelve months, substitute $500 or imprisonment for 12 months.

Section 11................

Omit the next succeeding section, substitute section 12.

Sub-section 12(3)...........

Omit paragraphs (d) and (e) of sub-section (1) of this section and in paragraphs (a) and (b) of the last preceding sub-section, substitute paragraphs (1)(d) and (e) and in paragraphs (2)(a) and (b).

Sub-section 13(1)...........

(a) Omit the first day of July, One thousand nine hundred and sixty-four,, substitute 1 July 1964.

(b) Omit Two hundred dollars, substitute $200.

Sub-section 14(4)...........

Omit Two hundred dollars, substitute $200.

Sub-section 15(1)...........

(a) Omit the first day of July, One thousand nine hundred and sixty-four, substitute 1 July 1964.

(b) Omit Two hundred dollars, substitute $200.


SCHEDULE 4continued

Provision

Amendment

Sub-section 16(1).............

(a) Omit the first day of July, One thousand nine hundred and sixty-four, substitute 1 July 1964.

(b) Omit Two hundred dollars, substitute $200.

Sub-section 20(4).............

(a) Omit the last preceding sub-section, substitute sub-section (3).

(b) Omit the next succeeding sub-section, substitute sub-section (5).

Sub-section 20(5).............

(a) Omit the last preceding sub-section, substitute sub-section (4).

(b) Omit of this section.

Section 21.................

Omit Two hundred dollars, substitute $200.

Section 22.................

Omit Two hundred dollars, substitute $200.

Sub-section 23(4).............

(a) Omit the last preceding sub-section, substitute sub-section (3).

(b) Omit sub-section (1) of section 20 of this Act, substitute sub-section 20(1).

(c) Omit Four hundred dollars, substitute $400.

Section 24.................

Omit Four hundred dollars, substitute $400.

Section 25.................

Omit Four hundred dollars, substitute $400.

Section 26.................

Omit Two hundred dollars, substitute $200.

Section 27.................

(a) Omit sub-section (1) or sub-section (2) of section twenty of this Act, substitute sub-section 20 (1) or (2).

(b) Omit sub-section (1) of section twenty-one of this Act, substitute sub-section 21(1).

(c) Omit sub-section (1) of section twenty-two of this Act, substitute sub-section 22(1).

(d) Omit five, substitute 5.

(e) Omit Four hundred dollars, substitute $400.

Section 28.................

Omit twenty-one, substitute 21.

Section 29.................

Omit twenty-one, substitute 21.

Section 30.................

Omit twenty-one, substitute 21.

section 32..................

Omit the last preceding section, substitute section 31.

Section 36.................

Omit twenty-eight, section twenty-nine, section thirty, section thirty-one or section thirty-two of this Act, substitute 28, 29, 30, 31 or 32.

Sub-section 38(1).............

(a) Omit the next succeeding sub-section, substitute sub-section (2).

(b) Omit ten per centum, substitute 10%.

Sub-section 38(2).............

Omit The last preceding sub-section, substitute sub-section (1).

Sub-section 40(2).............

(a) Omit the last preceding sub-section, substitute sub-section (1).

(b) Omit Two dollars, substitute $2.

Sub-section 40(3).............

Omit the last preceding sub-section, substitute sub-section (2).

Section 42.................

Omit the last preceding section, substitute section 41.

Sub-section 44(1).............

Omit the Queen on behalf of.

Sub-section 45(3).............

Omit the last preceding sub-section, substitute sub-section (2).

Sub-section 47(1).............

Omit fourteen, substitute 14.

Sub-section 47(2).............

Omit the last preceding sub-section, substitute sub-section (1).

Sub-section 47(5).............

Omit two, substitute 2.

Sub-section 47(7).............

Omit eighty-seven of this Act, substitute 87.

Sub-section 51(1).............

Omit six, substitute 6.

Sub-section 51(3).............

Omit sixty, substitute 60.

Sub-section 51(7).............

(a) Omit the last three preceding sub-sections, substitute sub-sections (4), (5) and (6).

(b) Omit sixty, substitute 60.

Section 53.................

Omit two, substitute 2.

Sub-section 56(1).............

Omit sixty, substitute 60.

Sub-section 56(4).............

Omit sixty, substitute 60.

Sub-section 57(1).............

(a) Omit the last preceding section, substitute section 56.

(b) Omit sixty, substitute 60.

Sub-section 57(3).............

Omit the next succeeding section, substitute section 58.

Sub-section 58(1).............

Omit sub-section (4) of section fifty-six and section fifty-nine of this Act, substitute sub-section 56(4) and section 59.

Sub-section 61(1).............

Omit Three hundred dollars, substitute $300.


SCHEDULE 4continued

Provision

Amendment

Sub-section 61(2)..............

Omit Four hundred dollars, substitute $400.

Sub-section 61(4)..............

Omit paragraph (c) of sub-section (1) of this section, substitute paragraph (1)(c).

Sub-section 62(1)..............

(a) Omit the last preceding section, substitute section 61.

(b) Omit ten per centum, substitute 10%.

(c) Omit Two dollars (wherever occurring), substitute $2.

(d) Omit thirty-eight of this Act, substitute 38.

Sub-section 62(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Sub-section 62(3)..............

Omit seventy of this Act, substitute 70.

Section 63...................

Omit four, substitute 4.

Section 64...................

(a) Omit One hundred dollars, substitute $100.

(b) Omit One thousand dollars, substitute $1,000.

Section 65...................

(a) Omit One hundred dollars, substitute $100.

(b) Omit One thousand dollars, substitute $1,000.

Sub-section 66(1)..............

Omit Two thousand dollars or imprisonment for seven years, substitute $2,000 or imprisonment for 7 years.

Sub-section 66(2)..............

Omit nineteen, section twenty, section twenty-one or section twenty-two of this Act, substitute 19, 20, 21 or 22.

Section 67...................

Omit One hundred dollars, substitute $100.

Sub-section 68(1)..............

Omit sixty-four or section sixty-five of this Act, substitute 64 or 65.

Sub-section 68(2)..............

Omit paragraph (a) or (c) of sub-section (1) of section sixty-one of this Act, substitute paragraph 61(1)(a) or (c).

Section 70...................

Omit the next succeeding section, substitute section 71.

Sub-section 71(2)..............

Omit One thousand dollars, substitute $1,000.

Sub-section 84(1)..............

(a) Omit Seven, substitute 7.

(b) Omit Fourteen, substitute 14.

(c) Omit One (wherever occurring), substitute 1.

(d) Omit Two, substitute 2.

(e) Omit Three, substitute 3.

(f) Omit Six, substitute 6.

Sub-section 84(2)..............

Omit the last preceding sub-section, substitute sub-section (1).

Sub-section 86(3)..............

Omit three, substitute 3.

Sub-section 86(6)..............

Omit Four dollars, substitute $4.

Sub-section 89(1)..............

(a) Omit five (wherever occurring), substitute 5.

(b) Omit Two hundred dollars, substitute $200.

Sub-section 93(2)..............

(a) Omit the last preceding sub-section , substitute sub-section (1).

(b) Omit of this Act.

 

 

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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.