Commonwealth Consolidated Acts

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DEFENCE HOUSING AUSTRALIA ACT 1987 - SECT 63

Exemption from State and Territory taxation

  (1)   Subject to subsection   ( 4), DHA is not subject to taxation under the laws of a State or Territory.

  (2)   The Minister may, by notice in writing published in the Gazette , declare that stamp duty, or a similar tax specified in the notice, is not payable by DHA or any other person under a law of a State or Territory in respect of:

  (a)   a security dealt with by DHA ;

  (b)   the issue, redemption, transfer, sale, purchase, resale, acquisition or discounting of a security by DHA or any other person (other than a transaction done without consideration or for an inadequate consideration);

  (c)   any other transaction done for the purposes of a borrowing, or a raising of money otherwise than by borrowing, by DHA ; or

  (d)   any other document executed by or on behalf of DHA for the purposes of a borrowing, or a raising of money otherwise than by borrowing, by DHA .

  (3)   A declaration may be made under subsection   ( 2) in relation to:

  (a)   a particular security, transaction or document; or

  (b)   securities, transactions or documents in a class of securities, transactions or documents, as the case may be.

  (4)   Subject to subsection   ( 2), the regulations may provide that subsection   ( 1) does not apply in relation to:

  (a)   a specified law of a State or Territory; or

  (b)   laws in a specified class of laws of a State or Territory.

  (5)   Nothing in subsections   ( 1), (3) or (4) shall be read as implying that a company in which DHA has an interest, or that is a partner of DHA or a participant in a joint venture agreement with DHA , is not liable to pay taxes under any law of the Commonwealth or of a State or Territory.



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