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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Revenue Legislation Amendment
Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
4 Repeal of Acts and instrument 2
5 Repeal of Act 2
Schedule 1 Amendment of Duties Act 1997 No 123 3
Schedule 2 Amendment of First Home Owner Grant Act 2000 No 21 14
Schedule 3 Amendment of Health Insurance Levies Act 1982 No 159 17
Schedule 4 Amendment of Land Tax Management Act 1956 No 26 18
Schedule 5 Amendment of Payroll Tax Act 2007 No 21 22
Schedule 6 Amendment of Taxation Administration Act 1996 No 97 24
Schedule 7 Amendment of Unclaimed Money Act 1995 No 75 27
b2007-120-40.d17
New South Wales
State Revenue Legislation Amendment
Bill 2008
No , 2008
A Bill for
An Act to make miscellaneous amendments to certain State revenue legislation.
Clause 1 State Revenue Legislation Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the State Revenue Legislation Amendment Act 2008. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as 5
provided by subsection (2). 6
(2) The following provisions commence, or are taken to have commenced, 7
on the dates indicated: 8
(a) Schedule 1 [23] and [33]--the date on which the Bill for the State 9
Revenue Legislation Amendment Act 2008 is introduced in the 10
Legislative Assembly, 11
(b) Schedule 5 [1]-[3]--1 July 2008. 12
3 Amendment of Acts 13
The Acts specified in Schedules 1-7 are amended as set out in those 14
Schedules. 15
4 Repeal of Acts and instrument 16
The following Acts and instrument are repealed: 17
Debits Tax Act 1990 No 112 18
Stamp Duties Act 1920 No 47 19
Taxation Administration Regulation 2003 20
5 Repeal of Act 21
(1) This Act is repealed on the day following the day on which all of the 22
provisions of this Act have commenced. 23
(2) The repeal of this Act does not, because of the operation of section 30 24
of the Interpretation Act 1987, affect any amendment made by this Act. 25
Page 2
State Revenue Legislation Amendment Bill 2008
Amendment of Duties Act 1997 No 123 Schedule 1
Schedule 1 Amendment of Duties Act 1997 No 123 1
(Section 3) 2
[1] Section 8 Imposition of duty on certain transactions concerning dutiable 3
property 4
Omit the note at the end of section 8 (3). 5
[2] Section 13 Who is liable to pay duty? 6
Omit the note at the end of the section. 7
[3] Section 30 Partitions 8
Insert after section 30 (5): 9
(6) Anti-avoidance criteria 10
This section does not apply in respect of a partition if the Chief 11
Commissioner is satisfied that the partition is part of a scheme to 12
avoid duty on an exchange of land that was not jointly held by the 13
parties before the scheme was entered into. 14
[4] Section 32A Premium rate for residential land with dutiable value 15
exceeding $3,000,000 16
Omit section 32A (4), and the note to the subsection. Insert instead: 17
(4) For the purpose of subsection (3) (a), land does not cease to be 18
regarded as land on which there is one single dwelling, or one 19
flat, merely because the land is also used or is capable of being 20
used for the purpose of one other residential occupancy, if that 21
residential occupancy is an excluded residential occupancy. 22
[5] Section 32A (6) 23
Insert in alphabetical order: 24
excluded residential occupancy means: 25
(a) one room, or 26
(b) one suite of rooms (not being a flat) each room of which all 27
occupants of the suite are entitled to occupy, or 28
(c) one flat, or 29
(d) one suite of rooms (not being a flat) each room of which all 30
occupants of the suite are entitled to occupy, and one room, 31
or 32
(e) one flat and one room, or 33
(f) 2 rooms, each of which is separately occupied. 34
Page 3
State Revenue Legislation Amendment Bill 2008
Schedule 1 Amendment of Duties Act 1997 No 123
[6] Section 63 Deceased estates 1
Omit "not made for valuable consideration" in section 63 (a). 2
[7] Section 63 (a) (ii) 3
Omit "and". Insert instead "or". 4
[8] Section 63 (a) (iii) 5
Insert after section 63 (a) (ii): 6
(iii) an appropriation of the property of the deceased 7
person (as referred to in section 46 of the Trustee 8
Act 1925) in or towards satisfaction of the 9
beneficiary's entitlement under the trusts contained 10
in the will of the deceased person or arising on 11
intestacy, and 12
[9] Section 63 (2) and (3) 13
Insert at the end of section 63: 14
(2) If a transfer of dutiable property is made by a legal personal 15
representative of a deceased person to a beneficiary under an 16
agreement (whether or not in writing) between the beneficiary 17
and one or more other beneficiaries to vary the trusts contained in 18
a will of the deceased person or arising on intestacy, the dutiable 19
value of the dutiable property is to be reduced by the portion of 20
the dutiable value that is referable to the dutiable property to 21
which the beneficiary had an entitlement arising under the trusts 22
contained in the will or arising on intestacy. 23
(3) Section 25 does not apply to a dutiable transaction to which 24
subsection (2) applies. 25
[10] Section 64 Conversion of land use entitlement to different form of title 26
Omit "at the time" from section 64 (c) (i). 27
Insert instead "on the transaction by which". 28
[11] Section 64AA 29
Insert after section 64: 30
64AA Enlargement of the term in land into fee simple 31
The duty chargeable on the enlargement of a term in land into a 32
fee simple under section 134 of the Conveyancing Act 1919 is 33
$10 if: 34
Page 4
State Revenue Legislation Amendment Bill 2008
Amendment of Duties Act 1997 No 123 Schedule 1
(a) the Chief Commissioner is satisfied that the grant of the 1
term in the land, and subsequent enlargement, are not part 2
of a scheme to avoid duty on a transfer of land, and 3
(b) one of the following applies: 4
(i) ad valorem duty was paid by the transferee on the 5
transaction by which the term in the land was 6
acquired, 7
(ii) section 55, 57 or 63 applied to the acquisition of the 8
term in the land, and duty was paid as provided for 9
by the section that applied, 10
(iii) no duty was chargeable on the acquisition of the 11
term in the land by the transferee because of section 12
68. 13
[12] Section 65 Exemptions from duty 14
Omit "under that Act" wherever occurring in section 65 (5). 15
Insert instead "under the Legal Profession Act 2004". 16
[13] Section 65 (17) 17
Insert after section 65 (16): 18
(17) Pharmacists' body corporate 19
No duty is chargeable under this Chapter on the transfer of, or an 20
agreement to transfer, dutiable property in the following cases: 21
(a) dutiable property of a partnership carrying on the business 22
of a pharmacist before the commencement of section 25 of 23
the Pharmacy Practice Act 2006 that is transferred or 24
agreed to be transferred to a pharmacists' body corporate 25
(within the meaning of that Act), if the members of the 26
partnership immediately before the transfer or agreement 27
is first executed are all directors and shareholders of the 28
pharmacists' body corporate and there are no other 29
directors or shareholders of that pharmacists' body 30
corporate, 31
(b) dutiable property of a pharmacist carrying on the business 32
of a pharmacist before the commencement of section 25 of 33
the Pharmacy Practice Act 2006 that is transferred or 34
agreed to be transferred to a pharmacists' body corporate 35
(within the meaning of that Act), if the pharmacist is the 36
sole director and shareholder of that pharmacists' body 37
corporate. 38
Page 5
State Revenue Legislation Amendment Bill 2008
Schedule 1 Amendment of Duties Act 1997 No 123
[14] Section 66 Exemptions--marketable securities 1
Omit "listed for quotation" from section 66 (9A) (a). Insert instead "quoted". 2
[15] Section 74 Eligible agreements or transfers 3
Insert "or, if the property is a parcel of land on which 2 or more homes are 4
built, or are being built, for that part of the land that is an exclusive occupancy" 5
after "property" in section 74 (2). 6
[16] Section 74 (4) 7
Insert after the note to section 74 (3): 8
(4) For the purposes of this section, land is an exclusive occupancy 9
only if the Chief Commissioner is satisfied that the person 10
acquiring the land will be entitled to occupy a home that is built, 11
or being built, on the land as a place of residence to the exclusion 12
of other persons who occupy or are to occupy the other home or 13
homes built or being built on the parcel of land. 14
[17] Section 99 Transfer by special trust to corporation 15
Omit "and disposal" from section 99 (2). 16
[18] Chapter 4 Transactions concerning land-related property--vendor duty 17
Omit the Chapter. 18
[19] Chapter 4A, heading 19
Omit "and disposal". 20
[20] Section 163 Overview 21
Omit "or `vendor duty transactions' under Chapter 4" and the second 22
paragraph of the note. 23
[21] Section 163A Meaning of "landholder" and related expressions 24
Omit section 163A (2) and (3). 25
[22] Section 163D What are "interests" and "significant interests" in 26
landholders? 27
Omit "For the purposes of Part 2 only, an" from section 163D (3). 28
Insert instead "An". 29
Page 6
State Revenue Legislation Amendment Bill 2008
Amendment of Duties Act 1997 No 123 Schedule 1
[23] Section 163G How may an interest be "acquired"? 1
Insert after section 163G (2) (d): 2
(e) if the person holds an interest in the land rich landholder 3
(whether or not as trustee for another person) and the 4
capacity in which the person holds the interest changes 5
(including if there is a change in the beneficial ownership 6
of an interest held by a person as trustee). 7
Note. For example, the capacity in which a person holds a unit or 8
share in a land rich landholder changes if the person declares a 9
trust in respect of the unit or share. 10
[24] Chapter 4A, Part 3 Charging of duty on disposals of interests in land rich 11
landholders 12
Omit the Part. 13
[25] Section 163T Constructive ownership of land holdings and other 14
property: linked entities 15
Omit "listed" wherever occurring in section 163T (2) (a) (iv) and (b). 16
Insert instead "quoted". 17
[26] Section 163T (2), note 18
Omit the note. 19
[27] Section 163V Effect of uncompleted agreements 20
Omit "or disposal" from the note at the end of section 163V (1). 21
[28] Sections 163W and 163X 22
Omit "acquisition or disposal" wherever occurring. 23
Insert instead "acquisition". 24
[29] Sections 163W and 163X 25
Omit "or disposal statement" wherever occurring. 26
[30] Section 163Y Valuation of property 27
Omit "or disposal statement" and "or relevant disposal" wherever occurring. 28
[31] Section 163Z Use of valuations prepared within 12-month period before 29
disposal 30
Omit the section. 31
Page 7
State Revenue Legislation Amendment Bill 2008
Schedule 1 Amendment of Duties Act 1997 No 123
[32] Section 163ZB Exempt transactions 1
Omit "or disposal", "or disposed of" and "disposal or" wherever occurring. 2
[33] Section 163ZB (1) (i) 3
Insert "and the Chief Commissioner is satisfied that the acquisition is not part 4
of a scheme to avoid duty under this Chapter" after "New South Wales". 5
[34] Section 163ZD Duty concession: disposals securing financial 6
accommodation 7
Omit the section. 8
[35] Chapter 4A, Part 6 Further exemptions and concessions for disposal 9
duty 10
Omit the Part. 11
[36] Chapter 9, Part 3, heading 12
Omit the heading. Insert instead: 13
Part 3 Miscellaneous exemptions and reductions 14
[37] Section 270A 15
Insert after section 270: 16
270A Reduction in dutiable value--modified vehicles for people with 17
disabilities 18
(1) Duty on an application to register a motor vehicle is to be charged 19
as provided for by this section if: 20
(a) the application is made by a person with a disability or the 21
motor vehicle is used by or to transport a person with a 22
disability, and 23
(b) modifications (user modifications) have been made to the 24
vehicle to enable a person with a disability to drive the 25
vehicle or to enable a person with a disability to be 26
transported in the vehicle. 27
(2) The duty chargeable on the application is to be charged on the 28
lesser of the following: 29
(a) the dutiable value of the motor vehicle reduced by the 30
value of the user modifications, 31
(b) the dutiable value of the motor vehicle determined without 32
regard to the user modifications. 33
Page 8
State Revenue Legislation Amendment Bill 2008
Amendment of Duties Act 1997 No 123 Schedule 1
(3) The value of the user modifications is the consideration in money 1
or money's worth given for the user modifications. 2
[38] Section 275 Charitable and benevolent bodies 3
Omit "(other than vendor duty)" from section 275 (1). 4
[39] Section 275 (2) 5
Omit the subsection. 6
[40] Section 275 (2A) 7
Omit "or disposal". 8
[41] Section 275 (3), definition of "exempt charitable or benevolent body" 9
Omit "any society or institution" wherever occurring. 10
Insert instead "any body corporate, society, institution or other organisation". 11
[42] Section 275 (3), definition of "exempt charitable or benevolent body" 12
Omit paragraph (b) (ii). 13
[43] Section 275 (3), definition of "exempt charitable or benevolent body" 14
Insert at the end of paragraph (b): 15
, or 16
(c) any person acting in the person's capacity as trustee for a 17
body corporate, society, institution or other organisation 18
referred to in paragraph (a) or (b). 19
[44] Section 275A Partial exemption for certain transactions by charitable 20
and benevolent bodies 21
Insert "or a lease," after "agreement for the sale or transfer," in section 22
275A (1). 23
[45] Section 275A (2) 24
Omit the subsection. 25
[46] Section 275A (3) 26
Omit the subsection. 27
[47] Section 275A (5) 28
Omit "or disposal" wherever occurring. 29
Page 9
State Revenue Legislation Amendment Bill 2008
Schedule 1 Amendment of Duties Act 1997 No 123
[48] Section 275A (7), definition of "charitable or benevolent body" 1
Omit "society or institution". 2
Insert instead "body corporate, society, institution or other organisation". 3
[49] Sections 288 and 288A, notes 4
Omit the notes. 5
[50] Section 290 Adhesive stamps 6
Omit the section. 7
[51] Section 292 Refunds--spoiled and unused stamps 8
Omit the section. 9
[52] Section 293 Reassessments--failed instruments 10
Omit "and Part 4 of Chapter 4 for refunds of vendor duty on failed 11
instruments" from the note. 12
[53] Section 297 13
Omit the section. Insert instead: 14
297 Stamping taken to constitute assessment 15
(1) For the purposes of the Taxation Administration Act 1996, the 16
stamping of an instrument by the Chief Commissioner is taken to 17
constitute an assessment of the duty payable under this Act in 18
respect of the instrument or the dutiable transaction effected or 19
evidenced by that instrument. 20
(2) If the Chief Commissioner does not issue a notice of assessment 21
at the time that the instrument is stamped, the stamped instrument 22
is taken, for the purposes of the Taxation Administration Act 23
1996, to be a notice of assessment. 24
Note. The Taxation Administration Act 1996 provides that an objection 25
to an assessment must be lodged within 60 days of service of the notice 26
of assessment (unless late lodgment is permitted by the Chief 27
Commissioner). 28
[54] Section 301 Registration of transactions and instruments 29
Omit section 301 (2), and the note to that subsection. 30
[55] Schedule 1 Savings, transitional and other provisions 31
Insert at the end of clause 1 (1): 32
State Revenue Legislation Amendment Act 2008 33
Page 10
State Revenue Legislation Amendment Bill 2008
Amendment of Duties Act 1997 No 123 Schedule 1
[56] Schedule 1, Part 28 1
Insert after Part 27: 2
Part 28 Provisions consequent on enactment of 3
State Revenue Legislation Amendment Act 4
2008 5
66 Repeal of vendor duty and other obsolete provisions 6
An amendment made to this Act by the State Revenue Legislation 7
Amendment Act 2008 does not affect any liability for duty under 8
this Act that arose before the commencement of that amendment, 9
and this Act, as in force before that amendment, continues to have 10
effect in respect of any such liability. 11
67 Repeal of Stamp Duties Act 1920 12
(1) The repeal of the Stamp Duties Act 1920 by the State Revenue 13
Legislation Amendment Act 2008 does not affect any liability for 14
duty that arose before that repeal, and that Act, as in force 15
immediately before that repeal, continues to have effect in 16
respect of any such liability, subject to this clause. 17
(2) If, immediately before the repeal of the Stamp Duties Act 1920, a 18
lease to which section 78D of that Act applies has one or more 19
redetermination dates that have not yet occurred: 20
(a) the Chief Commissioner must, on the first redetermination 21
date to occur on or after the repeal of the Stamp Duties Act 22
1920 (the final redetermination date), make a final 23
estimate of the total rent payable for the term of the lease, 24
and 25
(b) the lease is chargeable with duty under that Act as if that 26
final estimate were the total rent payable for the term of the 27
lease, and 28
(c) section 78D (2) (e) of the Stamp Duties Act 1920 applies in 29
respect of that redetermination, and 30
(d) no further redetermination of the duty payable in respect of 31
the lease is to be made. 32
(3) For the purposes of this clause, a redetermination date means a 33
date on which the Chief Commissioner is required under section 34
78D of the Stamp Duties Act 1920, as in force immediately before 35
its repeal, to make a redetermination of the duty payable in 36
respect of a lease (or would have been required to do so if that Act 37
had not been repealed). 38
Page 11
State Revenue Legislation Amendment Bill 2008
Schedule 1 Amendment of Duties Act 1997 No 123
(4) Section 78D (2) (c) of the Stamp Duties Act 1920, as in force 1
immediately before its repeal, continues to apply only to the final 2
redetermination date and to any redetermination date that 3
occurred before the final redetermination date. 4
(5) A reference in any Act or in any instrument made under any Act 5
to the Stamp Duties Act 1920 is to be read as including a reference 6
to the Duties Act 1997. 7
(6) A reference in any other instrument to the Stamp Duties Act 1920 8
is to be read as including a reference to the Duties Act 1997 unless 9
a contrary intention appears. 10
68 Changes to concessions 11
(1) The amendment to section 30 made by the State Revenue 12
Legislation Amendment Act 2008 does not apply in respect of a 13
transfer or agreement to transfer dutiable property first executed 14
before the commencement of the amendment. 15
(2) The amendments to section 63 made by the State Revenue 16
Legislation Amendment Act 2008 do not apply in respect of a 17
transfer of dutiable property made before the commencement of 18
those amendments. 19
[57] Schedule 2 Principal place of residence exemption--concessions 20
Omit the Schedule. 21
[58] Dictionary 22
Omit the definitions of commercial hire business, heritage building, hire of 23
goods, hire purchase agreement, hiring charges, land-related property, 24
special hiring agreement and vendor duty transaction. 25
[59] Dictionary, definition of "listed trust" 26
Omit "listed for quotation". Insert instead "quoted". 27
[60] Dictionary, definition of "quoted" 28
Omit the definition. Insert instead: 29
quoted, in relation to any shares, units in a unit trust scheme or 30
interests in such shares or units, includes: 31
(a) shares, units or interests that have stopped being quoted on 32
a stock exchange merely because they belong to a class of 33
shares, units or interests the quotation of which has been 34
suspended, unless the body that issued the shares, units or 35
interests has ceased to be included in the official list of the 36
stock exchange, and 37
Page 12
State Revenue Legislation Amendment Bill 2008
Amendment of Duties Act 1997 No 123 Schedule 1
(b) shares, units or interests that comprise a stapled security 1
that is quoted on a stock exchange. 2
[61] Dictionary, definition of "recognised stock exchange" 3
Omit "Stock Exchange of Newcastle". 4
Insert instead "National Stock Exchange". 5
Page 13
State Revenue Legislation Amendment Bill 2008
Schedule 2 Amendment of First Home Owner Grant Act 2000 No 21
Schedule 2 Amendment of First Home Owner Grant 1
Act 2000 No 21 2
(Section 3) 3
[1] Section 5 Ownership of land and homes 4
Omit "subsection (4)" from section 5 (3). Insert instead "sections 6C and 6D". 5
[2] Section 5 (4) and (5) 6
Omit the subsections. 7
[3] Sections 6C and 6D 8
Insert after section 6B: 9
6C Building of home on land owned by another 10
(1) If a person enters into a comprehensive building contract to build, 11
or builds or has built, a free-standing home on land in which the 12
person does not have a relevant interest, the provisions of this Act 13
apply in respect of the building of the free-standing home as if the 14
person did have such a relevant interest. 15
(2) If a person enters into a comprehensive building contract to build, 16
or builds or has built, at the person's own expense, an attached 17
home on land in which the person does not have a relevant 18
interest, the provisions of this Act apply in respect of the building 19
of the attached home as if the person did have such a relevant 20
interest. 21
(3) Accordingly, a person may apply for a first home owner grant in 22
respect of the building of such an attached home or free-standing 23
home. 24
(4) This section applies in respect of the building of a home only if 25
the owner of the estate in fee simple in the land on which the 26
home is built has consented to the occupation of the home by the 27
applicant for the first home owner grant on completion of the 28
home or the applicant has a right, under a lease, licence or other 29
arrangement, to occupy the home on completion. 30
(5) In this section: 31
attached home means a home which includes a kitchen, a 32
bathroom, a living area and a bedroom or a combined bedroom 33
living area and which is part of, or connected to, a building that 34
contains another home. 35
free-standing home means a home that is not part of, or 36
connected to, a building that contains another home. 37
Page 14
State Revenue Legislation Amendment Bill 2008
Amendment of First Home Owner Grant Act 2000 No 21 Schedule 2
6D Purchase of manufactured home 1
(1) If a person purchases a manufactured home and intends to use it 2
as a place of residence on land which the person has a right to 3
occupy under a lease, licence or other arrangement but in which 4
the person does not have a relevant interest: 5
(a) this Act applies as if the person had a relevant interest in 6
the land and were an owner builder building a home on the 7
land, and 8
(b) the commencement date of the transaction is taken to be 9
the date of the contract to purchase the manufactured 10
home, and 11
(c) the transaction is taken to be completed when the 12
manufactured home is ready for occupation as a place of 13
residence on land that the person has a right to occupy. 14
(2) In this section: 15
manufactured home has the same meaning as it has in the Local 16
Government Act 1993. 17
[4] Section 15 All interested persons to join in application 18
Omit section 15 (2) (a). Insert instead: 19
(a) in a case to which section 6C or 6D applies--a person who 20
is the owner of the estate in fee simple in the land on which 21
the home is built or situated, 22
[5] Section 15 (2) (e) 23
Insert after section 15 (2) (d): 24
(e) a person whose ownership share in the relevant home does 25
not exceed 5% (a small interest holder), but only if, in a 26
case where there is more than one small interest holder, the 27
total ownership share of all small interest holders in the 28
relevant home does not exceed 5%. 29
[6] Section 49 Proceedings for offences 30
Omit "2 years" from section 49 (2). Insert instead "3 years". 31
[7] Schedule 1 Savings, transitional and other provisions 32
Insert at the end of clause 1 (1): 33
State Revenue Legislation Amendment Act 2008 34
Page 15
State Revenue Legislation Amendment Bill 2008
Schedule 2 Amendment of First Home Owner Grant Act 2000 No 21
[8] Schedule 1, Part 6 1
Insert after Part 5: 2
Part 6 Provisions consequent on enactment of 3
State Revenue Legislation Amendment Act 4
2008 5
10 Application of amendments 6
(1) An amendment to this Act made by the State Revenue Legislation 7
Amendment Act 2008 applies in relation to applications for the 8
first home owner grant that are made on or after the 9
commencement of that amendment. 10
(2) The amendment made to section 49 by the State Revenue 11
Legislation Amendment Act 2008 does not apply in respect of an 12
offence alleged to have been committed before the 13
commencement of that amendment (and section 49, as in force 14
immediately before that amendment, continues to apply in 15
respect of any such offence). 16
Page 16
State Revenue Legislation Amendment Bill 2008
Amendment of Health Insurance Levies Act 1982 No 159 Schedule 3
Schedule 3 Amendment of Health Insurance Levies 1
Act 1982 No 159 2
(Section 3) 3
Section 16B Contributors 4
Omit section 16B (3). Insert instead: 5
(3) A reference in subsection (2) (b) to the dependants of a person 6
includes a reference to the spouse of the person and to any other 7
person who is a dependent child (within the meaning of section 8
10AA of the Health Insurance Act 1973 of the Commonwealth) 9
in relation to the person. 10
Page 17
State Revenue Legislation Amendment Bill 2008
Schedule 4 Amendment of Land Tax Management Act 1956 No 26
Schedule 4 Amendment of Land Tax Management 1
Act 1956 No 26 2
(Section 3) 3
[1] Section 3 Definitions 4
Omit ", but does not include a single dwelling" from the definition of flat in 5
section 3 (1). 6
[2] Section 3 (1), definition of "Residential unit" 7
Omit paragraph (b). Insert instead: 8
(b) is used and occupied as a principal place of residence, and 9
for no other purpose, by a person who is a joint owner 10
(otherwise than as a trustee) of the parcel of land on which 11
the building is erected and who has entered into an 12
arrangement with the other joint owners of that land under 13
which the person has the exclusive right to occupy that flat 14
(whether jointly with one or more of the co-owners or not). 15
[3] Section 3 (1), definition of "single dwelling" 16
Omit the definition. 17
[4] Section 3 (3) 18
Omit "definitions of flat and single dwelling". 19
Insert instead "definition of flat". 20
[5] Section 9C Reduction in land value for flats on mixed development land 21
or mixed use land 22
Insert "9D or" after "land to which section" in section 9C (7). 23
[6] Section 9D Reduction in land value for single dwellings on mixed use 24
land 25
Omit "9C or" from section 9D (10). 26
[7] Section 9D (11) 27
Insert in alphabetical order: 28
single dwelling has the same meaning as it has in Division 5A of 29
Part 1B of the Valuation of Land Act 1916. 30
[8] Section 10 Land exempted from tax 31
Omit "(not being a building society within the meaning of section 10G)" from 32
section 10 (1) (g) (iii). 33
Page 18
State Revenue Legislation Amendment Bill 2008
Amendment of Land Tax Management Act 1956 No 26 Schedule 4
[9] Section 10 (4) and (5) 1
Insert after section 10 (3): 2
(4) Subsection (1) (g) (iii), and the other provisions of this section as 3
they relate to that subparagraph, apply in respect of premises 4
comprised in a strata lot as if those premises were a building 5
erected on the site of the strata lot (and a reference to a building 6
is to be construed as a reference to the strata lot). 7
(5) In this section: 8
strata lot means a lot under the Strata Schemes (Freehold 9
Development) Act 1973 or the Strata Schemes (Leasehold 10
Development) Act 1986. 11
[10] Schedule 1A Principal place of residence exemption 12
Insert in alphabetical order in clause 1 (1): 13
strata lot means a lot under the Strata Schemes (Freehold 14
Development) Act 1973 or the Strata Schemes (Leasehold 15
Development) Act 1986. 16
[11] Schedule 1A, clause 2 (1) (b) 17
Omit the paragraph. Insert instead: 18
(b) a strata lot or, subject to this Schedule, land comprised of 19
2 or more strata lots. 20
[12] Schedule 1A, clause 3 (1) (a) 21
Omit "lots within a strata plan". Insert instead "strata lots". 22
[13] Schedule 1A, clause 4 (4) 23
Insert after clause 4 (3): 24
(4) If land is comprised of 2 or more lots or strata lots, the excluded 25
residential occupancy must be located on a lot or strata lot that is 26
also used and occupied by the owner of the land for residential 27
purposes. 28
[14] Schedule 1A, clause 10B 29
Insert after clause 10A: 30
10B Concession for multiple-occupancy land 31
(1) This clause applies if land owned by one person, or by 2 or more 32
joint owners, is the site of a flat that is used and occupied by the 33
owner, or by one of them, as a principal place of residence, and 34
there is also situated on the land one or more other flats that are 35
Page 19
State Revenue Legislation Amendment Bill 2008
Schedule 4 Amendment of Land Tax Management Act 1956 No 26
used, or adapted for use, as a separate occupation to that of the 1
owner (not being an excluded residential occupancy that may be 2
disregarded under clause 4). 3
(2) Section 9C applies in respect of the land as if the land were mixed 4
use land. 5
(3) For the purposes of applying Division 5A of Part 1B of the 6
Valuation of Land Act 1916 to the land, a reference in that 7
Division to that part of the land that is occupied or used for 8
non-residential purposes is to be read as a reference to that part of 9
the land that is adapted for use as a separate occupation to that of 10
the owner (and which is not an excluded residential occupancy 11
that may be disregarded under clause 4). 12
(4) This clause does not apply to land comprised of one or more 13
strata lots. 14
[15] Schedule 1A, clauses 13 and 14 15
Insert after clause 12: 16
13 Application of exemption to residence comprised of 2 or more lots 17
(other than strata lots) 18
(1) The principal place of residence exemption does not extend to a 19
parcel of residential land that is comprised of 2 or more lots of 20
land, and that is used and occupied by the owner of the lots (or by 21
one of them) as a principal place of residence, unless: 22
(a) the lots are adjoining, and 23
(b) the lots are owned by the same person or, if any of the lots 24
are jointly owned, the lots are all jointly owned by the 25
same persons, and 26
(c) the lots are the site of a single residence (excluding any 27
additional residential occupancy that may be disregarded 28
under clause 4). 29
(2) For the purposes of this clause: 30
(a) separate lots are not to be regarded as adjoining merely 31
because one lot has a single corner point on its boundary 32
that is common to the boundary of another lot, and 33
(b) separate buildings erected on separate lots are not to be 34
regarded as a single residence if the buildings are 35
separately occupied or capable of being used for separate 36
occupation. 37
(3) This clause does not apply to land comprised of 2 or more strata 38
lots. 39
Page 20
State Revenue Legislation Amendment Bill 2008
Amendment of Land Tax Management Act 1956 No 26 Schedule 4
14 Application of exemption to residence comprised of 2 or more lots 1
in a strata plan 2
(1) The principal place of residence exemption does not extend to 3
land that is comprised of 2 or more strata lots, and that is used and 4
occupied by the owner of the lots (or by one of them) as a 5
principal place of residence, unless: 6
(a) the strata lots (excluding any ancillary lot) have adjoining 7
walls or floors, and 8
(b) the strata lots are owned by the same person or, if any of 9
the strata lots are jointly owned, the strata lots are all 10
jointly owned by the same persons, and 11
(c) the strata lots comprise a single residence (excluding any 12
additional residential occupancy that may be disregarded 13
under clause 4). 14
(2) For the purposes of this clause, 2 or more strata lots are not to be 15
regarded as comprising a single residence unless there is internal 16
access between all the strata lots (other than any ancillary lot), 17
such as internal connecting doors or internal staircases. 18
(3) In this clause: 19
ancillary lot means a strata lot that is used for purposes ancillary 20
to another strata lot and which is not used or adapted for 21
habitation (for example, a garage or storage area). 22
[16] Schedule 2 Savings and transitional provisions 23
Insert at the end of clause 1A (1): 24
State Revenue Legislation Amendment Act 2008 25
[17] Schedule 2, Part 22 26
Insert after Part 21: 27
Part 22 Provisions consequent on enactment of 28
State Revenue Legislation Amendment Act 29
2008 30
45 Application of amendments 31
The amendments made to this Act by the State Revenue 32
Legislation Amendment Act 2008 apply in respect of a land tax 33
year commencing on or after the date of commencement of the 34
amendments and do not affect any liability for land tax in respect 35
of any land tax year commencing before that date. 36
Page 21
State Revenue Legislation Amendment Bill 2008
Schedule 5 Amendment of Payroll Tax Act 2007 No 21
Schedule 5 Amendment of Payroll Tax Act 2007 1
No 21 2
(Section 3) 3
[1] Section 48 Non-profit organisations 4
Omit section 48 (1) (c). Insert instead: 5
(c) a non-profit organisation having as its sole or dominant 6
purpose a charitable, benevolent, philanthropic or patriotic 7
purpose (but not including a school, an educational 8
institution, an educational company or an instrumentality 9
of the State). 10
[2] Section 70 Groups of corporations 11
Omit section 70 (2) and the note at the end of the section. 12
[3] Section 74 Smaller groups subsumed by larger groups 13
Insert at the end of the section (before the note): 14
(2) If 2 or more members of a group have together a controlling 15
interest in a business (within the meaning of section 72), all the 16
members of the group and the person or persons who carry on the 17
business together constitute a group. 18
[4] Schedule 1 Calculation of payroll tax liability for financial year 19
commencing 1 July 2007 and subsequent financial years 20
Insert in alphabetical order in clause 1: 21
FY is the number of days in the financial year. 22
[5] Schedule 1, clauses 4, 5, 8 and 9 (2) 23
Omit "365" from the formulae, wherever occurring. Insert instead "FY". 24
[6] Schedule 3 Savings, transitional and other provisions 25
Insert at the end of clause 1 (1): 26
State Revenue Legislation Amendment Act 2008 27
Page 22
State Revenue Legislation Amendment Bill 2008
Amendment of Payroll Tax Act 2007 No 21 Schedule 5
[7] Schedule 3, Part 3 1
Insert after Part 2: 2
Part 3 Provisions consequent on enactment of 3
State Revenue Legislation Amendment Act 4
2008 5
16 Application of amendments 6
The amendments made to Schedule 1 by the State Revenue 7
Legislation Amendment Act 2008 apply to the financial year 8
commencing on 1 July 2007 and any subsequent financial year. 9
Page 23
State Revenue Legislation Amendment Bill 2008
Schedule 6 Amendment of Taxation Administration Act 1996 No 97
Schedule 6 Amendment of Taxation Administration 1
Act 1996 No 97 2
(Section 3) 3
[1] Section 4 Meaning of "taxation laws" 4
Omit "Accommodation Levy Act 1997", "Debits Tax Act 1990" and "Stamp 5
Duties Act 1920". 6
[2] Section 80A Investigations for the purposes of recognised revenue laws 7
Omit the definition of recognised revenue law from section 80A (5). 8
Insert instead: 9
recognised revenue law means a law of the Commonwealth, 10
another State or a Territory that: 11
(a) corresponds to a taxation law, or 12
(b) is listed in Schedule 2. 13
[3] Section 80A (6) 14
Insert after section 80A (5): 15
(6) The Governor may, by proclamation, amend Schedule 2 by 16
inserting, omitting or amending any matter. 17
[4] Section 82 Permitted disclosures--to particular persons 18
Omit "or" from section 82 (b) (iv). 19
[5] Section 82 (b) (v) 20
Insert after section 82 (b) (iv): 21
(v) the Fines Act 1996, or 22
[6] Section 82 (k) (xvi) 23
Omit "or". 24
[7] Section 82 (k) (xvii) 25
Insert after section 82 (k) (xvi): 26
(xvii) the Commissioner of NSW Fire Brigades or the 27
Commissioner of the NSW Rural Fire Service, or 28
[8] Section 97 Review by Supreme Court 29
Omit section 97 (3). 30
Page 24
State Revenue Legislation Amendment Bill 2008
Amendment of Taxation Administration Act 1996 No 97 Schedule 6
[9] Section 125 Proceedings for offences 1
Omit "2 years" from section 125 (2). Insert instead "3 years". 2
[10] Schedule 1 Savings, transitional and other provisions 3
Insert at the end of clause 1 (1): 4
State Revenue Legislation Amendment Act 2008 5
[11] Schedule 1, Part 7 6
Insert after Part 6: 7
Part 7 Provisions arising from enactment of State 8
Revenue Legislation Amendment Act 2008 9
34 Application of amendments 10
(1) The amendments made to section 82 by the State Revenue 11
Legislation Amendment Act 2008 extend to the disclosure, on or 12
after the commencement of the amendments, of information 13
obtained under or in relation to the administration of a taxation 14
law before the commencement of those amendments. 15
(2) The amendment made to section 125 by the State Revenue 16
Legislation Amendment Act 2008 does not apply in respect of an 17
offence alleged to have been committed before the 18
commencement of that amendment (and section 125, as in force 19
immediately before that amendment, continues to apply in 20
respect of such an offence). 21
35 Repeal of Debits Tax Act 1990 22
The repeal of the Debits Tax Act 1990 does not affect any liability 23
for tax under that Act that arose before that repeal, and that Act, 24
and this Act, as in force immediately before the repeal of the 25
Debits Tax Act 1990, continues to apply in respect of any such 26
liability. 27
36 Repeal of Stamp Duties Act 1920 28
This Act, as in force immediately before the repeal of the Stamp 29
Duties Act 1920, continues to apply in respect of any liability for 30
tax under the Stamp Duties Act 1920. 31
Page 25
State Revenue Legislation Amendment Bill 2008
Schedule 6 Amendment of Taxation Administration Act 1996 No 97
[12] Schedule 2 1
Omit the Schedule. Insert instead: 2
Schedule 2 Recognised revenue laws 3
(Section 80A) 4
Australian Capital Territory 5
Rates Act 2004 6
Utilities Act 2000 7
Utilities (Network Facilities Tax) Act 2006 8
Commonwealth 9
A New Tax System (Goods and Services Tax) Act 1999 10
A New Tax System (Luxury Car Tax) Act 1999 11
A New Tax System (Wine Equalisation Tax) Act 1999 12
Fringe Benefits Tax Assessment Act 1986 13
Fuel Tax Act 2006 14
Income Tax Assessment Act 1936 15
Income Tax Assessment Act 1997 16
International Tax Agreements Act 1953 17
Petroleum Resource Rent Tax Assessment Act 1987 18
Product Grants and Benefits Administration Act 2000 19
Superannuation Guarantee (Administration) Act 1992 20
Taxation Administration Act 1953 21
Trust Recoupment Tax Assessment Act 1985 22
Northern Territory 23
Fuel Subsidies Act 24
Queensland 25
Community Ambulance Cover Act 2003 26
Fuel Subsidy Act 1997 27
Tobacco Products (Licensing) Act 1988 28
South Australia 29
Petroleum Products Regulation Act 1995 30
Victoria 31
Business Franchise (Petroleum Products) Act 1979 32
Page 26
State Revenue Legislation Amendment Bill 2008
Amendment of Unclaimed Money Act 1995 No 75 Schedule 7
Schedule 7 Amendment of Unclaimed Money Act 1
1995 No 75 2
(Section 3) 3
[1] Section 3 Definitions 4
Omit the definitions of Commonwealth RSA Act, retirement savings 5
account, RSA provider, superannuation fund and superannuation provider. 6
Insert in alphabetical order: 7
public sector superannuation provider means a public sector 8
superannuation provider within the meaning of Part 3A. 9
[2] Section 3, definition of "officer" 10
Insert "public sector" before "superannuation provider" wherever occurring. 11
[3] Section 13A Definitions 12
Omit the definitions of approved deposit fund, exempt public sector 13
superannuation scheme, fund, holder, member, regulated superannuation 14
fund, superannuation fund, superannuation provider and trustee. 15
Insert in alphabetical order: 16
member means a member of a public sector superannuation 17
scheme. 18
public sector superannuation provider means a trustee of a 19
public sector superannuation scheme. 20
public sector superannuation scheme means a State or Territory 21
public sector superannuation scheme (within the meaning of 22
section 18 of the Superannuation (Unclaimed Money and Lost 23
Members) Act 1999 of the Commonwealth) that is established: 24
(a) by or under a law of New South Wales, or 25
(b) under the authority of the Government of New South 26
Wales or a body constituted by or under a law of New 27
South Wales. 28
trustee means: 29
(a) in relation to a public sector superannuation scheme that is 30
an STC scheme within the meaning of the Superannuation 31
Administration Act 1996, the SAS Trustee Corporation, 32
and 33
(b) in relation to any other public sector superannuation 34
scheme, the trustee of the scheme within the meaning of 35
section 10 (1) of the Commonwealth Superannuation Act. 36
Page 27
State Revenue Legislation Amendment Bill 2008
Schedule 7 Amendment of Unclaimed Money Act 1995 No 75
[4] Section 13A, definition of "beneficiary" 1
Omit "superannuation fund". 2
Insert instead "public sector superannuation scheme". 3
[5] Sections 13B, 13C, 13E, 13F, 13H, 13I and 27-29 4
Omit "superannuation provider" and "superannuation provider's" wherever 5
occurring. 6
Insert instead "public sector superannuation provider" and "public sector 7
superannuation provider's" respectively. 8
[6] Section 13B Return and payment of unclaimed superannuation benefits 9
to Chief Commissioner 10
Omit "the fund" wherever occurring in section 13B (6). 11
Insert instead "the public sector superannuation scheme". 12
[7] Section 13I Discharge of liability 13
Omit "his or her capacity as". Insert instead "its capacity as a". 14
[8] Section 13J Public sector superannuation provider not in breach of trust 15
Omit "trustee of a superannuation fund". 16
Insert instead "public sector superannuation provider". 17
[9] Section 13K 18
Omit the section. Insert instead: 19
13K Part applies to NSW public sector superannuation schemes 20
This Part applies to a public sector superannuation scheme of 21
New South Wales and the provisions of this Part apply to the 22
scheme and to the trustee of the scheme despite any provision of 23
any other Act or law. 24
[10] Section 13L Extra-territorial operation 25
Omit the section. 26
[11] Section 27 Application of certain provisions of Taxation Administration 27
Act 1996 28
Omit "(other than sections 60, 63, 81-85, 111 and 126-128)" from section 29
27 (1). 30
Insert instead "(other than the excluded provisions)". 31
Page 28
State Revenue Legislation Amendment Bill 2008
Amendment of Unclaimed Money Act 1995 No 75 Schedule 7
[12] Section 27 (2) 1
Omit "or RSA benefit". 2
[13] Section 27 (2) 3
Omit "of the fund or a retirement savings account". 4
Insert instead "of the scheme". 5
[14] Section 27 (4) 6
Insert after section 27 (3): 7
(4) For the purposes of this section, the excluded provisions are the 8
following provisions of the Taxation Administration Act 1996: 9
(a) Division 2 of Part 7, 10
(b) sections 60 and 63, 11
(c) Divisions 2A and 3 of Part 9, 12
(d) Division 5 of Part 10, 13
(e) sections 111 and 126-128. 14
[15] Schedule 2 Savings, transitional and other provisions 15
Insert at the end of clause 1 (1): 16
State Revenue Legislation Amendment Act 2008 17
[16] Schedule 2, Part 7 18
Insert after Part 6: 19
Part 7 Provisions consequent on enactment of 20
State Revenue Legislation Amendment Act 21
2008 22
13 Application of amendments 23
(1) The amendments made to this Act by the State Revenue 24
Legislation Amendment Act 2008 (other than the amendments to 25
section 27) are taken to have effect on and from 1 July 2007. 26
(2) This Act, as in force immediately before 1 July 2007, continues 27
to apply in respect of any unclaimed superannuation benefits in a 28
fund managed or provided by a superannuation provider before 29
1 July 2007. 30
Page 29
State Revenue Legislation Amendment Bill 2008
Schedule 7 Amendment of Unclaimed Money Act 1995 No 75
(3) However, a superannuation provider is, on payment of any such 1
amount to the Commissioner of Taxation in accordance with the 2
Superannuation (Unclaimed Money and Lost Members) Act 1999 3
of the Commonwealth, discharged from further liability under 4
this Act in respect of the amount. 5
(4) Subclause (3) does not apply to a public sector superannuation 6
provider (within the meaning of Part 3A). 7
(5) In this clause: 8
fund and superannuation provider have the meanings given by 9
Part 3A of this Act, as in force before its amendment by the State 10
Revenue Legislation Amendment Act 2008. 11
[17] Long title 12
Omit "to require the publication of information relating to unclaimed money; 13
to provide for a Chief Commissioner of Unclaimed Money and a scheme for 14
determining applications for repayment of unclaimed money;". 15
Insert instead "to make provision for the publication of information about, and 16
the repayment of, unclaimed money; to make similar provision in relation to 17
unclaimed superannuation benefits of public sector superannuation schemes;". 18
Page 30
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