Commonwealth Numbered Acts

QANTAS SALE ACT 1992 No. 196, 1992 - SECT 40

40.(1) No tax is payable under a law of a State or Territory in respect of:

   (a)  an exempt matter; or

   (b)  anything done (including a transaction entered into or an instrument
        or document made, executed, lodged or given) because of, or for a
        purpose connected with or arising out of, an exempt matter.

(2) An authorised person may in writing certify that:

   (a)  a specified matter or thing is an exempt matter; or

   (b)  a specified thing was done (including a transaction entered into, or
        an instrument or document made, executed, lodged or given) because of,
        or for a purpose connected with or arising out of, a specified
        exempt matter.

(3) For all purposes and in all proceedings, a certificate under subsection
(2) is conclusive evidence of the matter certified, except to the extent to
which the contrary is established.

(4) In this section:

"authorised person" means:

   (a)  the Minister; or

   (b)  the Secretary to the Department of Finance; or

   (c)  a person holding or performing the duties of a Senior Executive
        Service office within the meaning of the Public Service Act 1922,
        being an office in the Department, authorised by the Secretary, in
        writing, for the purposes of this section;

"exempt matter" means:

   (a)  the issue or allotment of shares by Qantas to the Commonwealth or
        another person on or before the 100% sale day; or

   (b)  an agreement relating to the sale, issue or allotment of shares in
        Qantas between the Commonwealth and another person; or

   (c)  the transfer of shares in Qantas by the Commonwealth or a nominee of
        the Commonwealth to another person; or

   (d)  an agreement between the Commonwealth and another person relating to
        the assumption by a person (including the Commonwealth) of a liability
        of Qantas or a Qantas subsidiary as a consequence of the sale of
        shares in Qantas; or

   (e)  the receipt of money by the Commonwealth, Qantas or a person acting on
        behalf of the Commonwealth or Qantas from persons who are buying or
        subscribing for shares in Qantas on or before the 100% sale day; or

   (f)  an agreement into which the Commonwealth enters under Part 4; or

   (g)  the issue or allotment of shares by Qantas to the Commonwealth or
        another person to give effect to an agreement referred to in paragraph
        (b) or (f) on or before the 100% sale day; or

   (h)  the release of a security referred to in subsection 16(2); or

   (i)  the operation of this Act;

"tax" means:

   (a)  stamp duty; and

   (b)  any other tax, fee (other than a fee payable under the Corporations
        Law of a State or Territory), duty, levy or charge; but does not
        include a tax, fee (other than a fee payable under the Corporations
        Law of a State or Territory), duty, levy or charge specified in a
        notice signed by the Minister for Finance and published in the
        Gazette.