Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
State Taxation Acts Further Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--DUTIES ACT 2000 4
Division 1--Sub-sales 4
3 Definitions 4
4 Transfers involving additional consideration 6
5 Transfers involving land development 9
6 Transfers resulting from options 12
7 New section 32W substituted 14
32W Transactions between relatives 14
Division 2--Exemptions for trusts and equity release programs 15
8 Transfers to and from a trustee or nominee 15
9 Equity release programs 16
Division 3--Miscellaneous Duties 17
10 Definitions 17
11 Imposition of duty 17
12 New Part 4 inserted in Chapter 10 17
PART 4--REGISTRATION OF APPROVED AGENTS 17
248A Registration of approved agents 17
248B Commissioner to keep register of approved agents 18
Division 4--Transitional provisions 18
13 New clause 28 inserted in Schedule 2 18
28 State Taxation Acts Further Amendment Act 2008 18
561236B.I-29/10/2008 i BILL LA INTRODUCTION 29/10/2008
Clause Page
PART 3--FIRST HOME OWNER GRANT ACT 2000 20
Division 1--First Home Owners Boost 20
14 Definitions 20
15 New section 13A inserted 20
13A Special eligible transactions 20
16 Amendment of section 18--Amount of grant 22
Division 2--General amendments 23
17 Definitions and cross-references 23
18 Power to correct decision 23
19 Objections 24
20 Protection of confidential information 24
21 New sections 50A and 50B inserted 24
50A Prohibition on secondary disclosures of information 24
50B Further restrictions on disclosure 25
PART 4--LIVESTOCK DISEASE CONTROL ACT 1994 26
Division 1--Amendments to commence on 1 January 2009 26
22 Commencement of certain provisions of the Livestock Disease
Control Act 1994 26
23 Definitions 26
24 References to stamp duty and the Stamps Act 1958 27
25 Repeal of section 94 27
26 New sections 95 and 95A inserted 27
95 Payment of duty by approved agents in respect to cattle 27
95A Payment of duty by approved agents in respect to sheep
and goats 29
27 Offences 31
28 Suspension of requirement to pay duty 32
29 Infringement notices in relation to returns for cattle and sheep
and goats 32
30 Repeal of spent provisions 32
Division 2--Amendments to commence on 1 July 2009 32
31 Commencement of certain provisions of the Livestock Disease
Control Act 1994 in relation to swine 32
32 Payment of duty of owner of cattle, sheep, goats or pigs 32
33 Section 93 repealed 32
34 New sections 95 and 95A amended 33
Division 3--Amendments to commence on proclamation 33
35 New section 95B inserted 33
95B Payment of duty by approved agents in respect to pigs 33
36 Infringement notices in relation to returns for swine 35
561236B.I-29/10/2008 ii BILL LA INTRODUCTION 29/10/2008
Clause Page
PART 5--TAXATION ADMINISTRATION ACT 1997 36
37 Permitted disclosures of information 36
PART 6--REPEAL OF AMENDING ACT 37
38 Repeal of Act 37
ENDNOTES 38
561236B.I-29/10/2008 iii BILL LA INTRODUCTION 29/10/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
State Taxation Acts Further
Amendment Bill 2008
A Bill for an Act to amend the Duties Act 2000, the Livestock
Disease Control Act 1994, the First Home Owner Grant Act 2000
and the Taxation Administration Act 1997 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Duties Act 2000--
5 (i) to clarify duty on sub-sales of land;
(ii) to clarify the duty exemption for
transfers to and from trustees and
nominees;
(iii) to lower the age for eligibility for the
10 equity release program exemption;
561236B.I-29/10/2008 1 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 1--Preliminary
s. 1
(iv) to provide for the registration of
approved agents for the purposes of
Part 4 of Chapter 10 of that Act and
Part 6 of the Livestock Disease
5 Control Act 1994;
(b) to amend the First Home Owner Grant Act
2000--
(i) to provide for the administration of the
First Home Owners Boost;
10 (ii) to enable the Commissioner to vary or
reverse a decision in relation to an
application in certain circumstances
despite 5 years having passed since the
decision was made;
15 (iii) to clarify that applicants may object to
the imposition of penalties imposed
under that Act;
(iv) to strengthen the protection of
confidential information under that Act;
20 (c) to amend the Livestock Disease Control
Act 1994--
(i) to substitute references to the Stamps
Act 1958 with references to the Duties
Act 2000 and to repeal the requirement
25 to affix duty stamps;
(ii) to clarify requirements in relation to
statements and invoices;
(iii) to enable infringement notices to be
issued in relation to certain offences;
30 (d) to amend the Taxation Administration Act
1997 to permit the disclosure of information
to the Business Licensing Authority, the
Roads Corporations and the Secretary to the
Department of Primary Industries.
561236B.I-29/10/2008 2 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act (other than Division 3 of Part 2,
Division 1 of Part 3 and Part 4) comes into
operation on the day after the day on which it
5 receives the Royal Assent.
(2) Division 1 of Part 3 is deemed to have come into
operation on 14 October 2008.
(3) Division 3 of Part 2 (other than section 11(3)) and
Division 1 of Part 4 come into operation on
10 1 January 2009.
(4) Division 2 of Part 4 comes into operation on
1 July 2009.
(5) Section 11(3) and Division 3 of Part 4 come into
operation on a day or days to be proclaimed.
__________________
561236B.I-29/10/2008 3 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 3
PART 2--DUTIES ACT 2000
Division 1--Sub-sales
3 Definitions
See: (1) Insert the following definitions in section 32A of
Act No.
5 79/2000. the Duties Act 2000--
Reprint No. 6
as at "excluded costs means--
25 July 2007
and (a) legal costs or other fees or charges,
amending
Act Nos including reasonable selling agents' fees
12/2008 and and any statutory fees or charges;
31/2008.
10 LawToday: (b) survey or valuation payments;
www.
legislation.
vic.gov.au
(c) GST other than in circumstances where
an input tax credit or reduced input tax
credit is available;
(d) any other costs that, in the
15 Commissioner's opinion, were
reasonably incurred--
(i) if the subsequent purchaser
obtained the transfer right from
the first purchaser--by the first
20 purchaser as part of the sale
contract;
(ii) if the subsequent purchaser
obtained the transfer right from
another subsequent purchaser--by
25 that other subsequent purchaser or
an associate of that other
subsequent purchaser in order for
that other subsequent purchaser to
obtain a transfer right;
561236B.I-29/10/2008 4 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 3
first purchaser--
(a) for the purposes of Division 2, has the
meaning given in section 32B(1)(a);
(b) for the purposes of Division 3, has the
5 meaning given in section 32I(1)(a);
(c) for the purposes of Division 4, has the
meaning given in section 32P(1)(a);
subsequent purchaser--
(a) for the purposes of Division 2, has the
10 meaning given in section 32B(1)(b);
(b) for the purposes of Division 3, has the
meaning given in section 32I(1)(b);
(c) for the purposes of Division 4, has the
meaning given in section 32P(1)(b);
15 subsequent transaction--
(a) for the purposes of Division 2, has the
meaning given in section 32B(3);
(b) for the purposes of Division 3, has the
meaning given in section 32I(3);
20 (c) for the purposes of Division 4, has the
meaning given in section 32P(3);
transfer right--
(a) for the purposes of Division 2, has the
meaning given in section 32B(1)(b);
25 (b) for the purposes of Division 3, has the
meaning given in section 32I(1)(b);
(c) for the purposes of Division 4, has the
meaning given in section 32P(1)(b).".
(2) In paragraph (b)(ii) of the definition of option in
30 section 32A of the Duties Act 2000, for "owner."
substitute "owner;".
561236B.I-29/10/2008 5 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 4
(3) At the end of section 32A of the Duties Act 2000
insert--
"(2) For the purposes of this Part--
(a) if a person who has a transfer right
5 obtains an increased transfer right by a
subsequent transaction, the person is a
subsequent purchaser in relation to that
subsequent transaction only to the
extent of the increase in the transfer
10 right;
(b) if, by a subsequent transaction, a person
retains a transfer right and another
person obtains a transfer right, that
other person is a subsequent purchaser
15 in relation to that subsequent
transaction only to the extent of the
transfer right obtained by that other
person.".
4 Transfers involving additional consideration
20 (1) For section 32B(1)(b) of the Duties Act 2000
substitute--
"(b) any of the following persons (a subsequent
purchaser) obtains the right (a transfer
right) to have the property or any part of it
25 transferred, on completion of the sale
contract, to the subsequent purchaser--
(i) a person other than the first purchaser;
or
(ii) the first purchaser and a person other
30 than the first purchaser; or
(iii) if there is more than one first purchaser,
one or more of the first purchasers in
different proportions from those in the
sale contract; and".
561236B.I-29/10/2008 6 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 4
(2) In section 32B(1)(c) of the Duties Act 2000, for
"the subsequent purchaser or an associate of the
subsequent purchaser" substitute "a subsequent
purchaser or an associate of a subsequent
5 purchaser".
(3) In section 32B(4) of the Duties Act 2000--
(a) in the definition of additional consideration,
after "excluded costs" insert "or any increase
in consideration that arises because of the
10 operation of section 32V";
(b) the definition of excluded costs is repealed.
(4) For section 32C(1)(b) of the Duties Act 2000
substitute--
"(b) the dutiable value of the subsequent
15 transaction by which the final subsequent
purchaser obtained the transfer right; and
(c) if there were any other subsequent
transactions, the dutiable value of each of
those transactions.".
20 (5) After section 32C(2) of the Duties Act 2000
insert--
"(3) If a subsequent purchaser or an associate of a
subsequent purchaser has not given or agreed
to give additional consideration in order to
25 obtain a transfer right, duty is not chargeable
under this Division--
(a) if the subsequent purchaser obtained
the transfer right from the first
purchaser--on the sale contract to the
30 extent of the transfer right obtained by
the subsequent purchaser; or
(b) in the case of a subsequent transaction
referred to in subsection (1)(c)--on the
subsequent transaction by which the
35 subsequent purchaser obtained the
561236B.I-29/10/2008 7 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 4
transfer right to the extent of the
transfer right obtained by the
subsequent purchaser.
(4) Subsection (3)(b) applies only where a
5 subsequent purchaser obtained a transfer
right from another subsequent purchaser.".
(6) For section 32D(2) of the Duties Act 2000
substitute--
"(2) For the purposes of this Division, the
10 dutiable value of a subsequent transaction
referred to in section 32C(1)(b) or (c) is the
greater of--
(a) the consideration given or agreed to be
given by the subsequent purchaser or an
15 associate of the subsequent purchaser in
order for the subsequent purchaser to
obtain the transfer right under the
transaction, other than excluded costs
or any increase in consideration that
20 arises because of the operation of
section 32V; and
(b) the amount for which the property
might reasonably have been sold if it
had been sold, free from encumbrances,
25 in the open market on the date on which
the subsequent transaction was entered
into.
(3) If a subsequent purchaser has obtained a
transfer right in the circumstances referred to
30 in section 32A(2), the value of the
subsequent transaction for the purposes of
subsection (2)(b) is to be calculated only to
the extent of the transfer right obtained by
the subsequent purchaser under that
35 subsequent transaction.".
561236B.I-29/10/2008 8 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 5
(7) For section 32F(1)(b) of the Duties Act 2000
substitute--
"(b) in the case of duty referred to in
section 32C(1)(b)--by the final subsequent
5 purchaser;
(c) in the case of duty referred to in
section 32C(1)(c)--by the subsequent
purchaser who obtains a transfer right under
the relevant subsequent transaction.".
10 (8) In section 32G(3) and (4) of the Duties Act 2000,
after "32C(1)(b)" insert "or (c)".
(9) Section 32H of the Duties Act 2000 is repealed.
5 Transfers involving land development
(1) For section 32I(1)(b) of the Duties Act 2000
15 substitute--
"(b) any of the following persons (a subsequent
purchaser) obtains the right (a transfer
right) to have the property or any part of it
transferred, on completion of the sale
20 contract, to the subsequent purchaser--
(i) a person other than the first purchaser;
or
(ii) the first purchaser and a person other
than the first purchaser; or
25 (iii) if there is more than one first purchaser,
one or more of the first purchasers in
different proportions from those in the
sale contract; and".
(2) For section 32J(1)(b) of the Duties Act 2000
30 substitute--
"(b) the dutiable value of the subsequent
transaction by which the final subsequent
purchaser obtained the transfer right; and
561236B.I-29/10/2008 9 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 5
(c) if there were any other subsequent
transactions, the dutiable value of each of
those transactions.".
(3) In section 32J(3) of the Duties Act 2000--
5 (a) in paragraph (b), for "occurred." substitute
"occurred; or";
(b) after paragraph (b) insert--
"(c) duty is charged on the sale contract
under Division 2.".
10 (4) In section 32J(5) of the Duties Act 2000--
(a) after "transaction" (where first occurring)
insert "referred to in subsection (1)(c)";
(b) for paragraph (b) substitute--
"(b) the land development did not occur
15 before the subsequent purchaser
obtained a transfer right; or
(c) duty is charged on the subsequent
transaction under Division 2.".
(5) After section 32J(5) of the Duties Act 2000
20 insert--
"(6) Subsection (5)(a) does not apply if the
subsequent purchaser who is the transferor of
the transfer right or an associate of that
subsequent purchaser undertook or
25 participated in the land development at any
time before the next subsequent purchaser
held a transfer right.".
(6) For section 32K(2) of the Duties Act 2000
substitute--
30 "(2) For the purposes of this Division, the
dutiable value of a subsequent transaction
referred to in section 32J(1)(b) or (c) is the
greater of--
561236B.I-29/10/2008 10 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 5
(a) the consideration given or agreed to be
given by the subsequent purchaser or an
associate of the subsequent purchaser in
order for the subsequent purchaser to
5 obtain the transfer right under the
transaction, other than excluded costs
or any increase in consideration that
arises because of the operation of
section 32V; and
10 (b) the amount for which the property
might reasonably have been sold if it
had been sold, free from encumbrances,
in the open market on the date on which
the subsequent transaction was entered
15 into.
(3) If a subsequent purchaser has obtained a
transfer right in the circumstances referred to
in section 32A(2), the value of the
subsequent transaction for the purposes of
20 subsection (2)(b) is to be calculated only to
the extent of the transfer right obtained by
the subsequent purchaser under that
subsequent transaction.".
(7) For section 32M(1)(b) of the Duties Act 2000
25 substitute--
"(b) in the case of duty referred to in
section 32J(1)(b)--by the final subsequent
purchaser;
(c) in the case of duty referred to in
30 section 32J(1)(c)--by the subsequent
purchaser who obtains a transfer right under
the relevant subsequent transaction.".
(8) In section 32N(3) and (4) of the Duties Act 2000,
after "32J(1)(b)" insert "or (c)".
35 (9) Section 32O of the Duties Act 2000 is repealed.
561236B.I-29/10/2008 11 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 6
6 Transfers resulting from options
(1) For section 32P(1)(b) of the Duties Act 2000
substitute--
"(b) any of the following persons (a subsequent
5 purchaser) obtains the right or assumes the
obligation to enter into a contract of sale of
the property or any part of it with the vendor
or to have the property or any part of it
transferred to the subsequent purchaser (a
10 transfer right)--
(i) a person other than the first purchaser;
or
(ii) the first purchaser and a person other
than the first purchaser; or
15 (iii) if there is more than one first purchaser,
one or more of the first purchasers in
different proportions from those in the
option; and".
(2) For section 32Q(1)(b) of the Duties Act 2000
20 substitute--
"(b) the dutiable value of the subsequent
transaction by which the final subsequent
purchaser obtained the transfer right; and
(c) if there were any other subsequent
25 transactions, the dutiable value of each of
those transactions.".
(3) In section 32Q(5) of the Duties Act 2000--
(a) after "transaction" (where first occurring)
insert "referred to in subsection (1)(c)";
30 (b) for paragraph (b) substitute--
"(b) the land development did not occur
before the subsequent purchaser
obtained a transfer right; or
561236B.I-29/10/2008 12 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 6
(c) duty is charged on the subsequent
transaction under Division 2 or 3.".
(4) After section 32Q(5) of the Duties Act 2000
insert--
5 "(6) Subsection (5)(a) does not apply if the
subsequent purchaser who is the transferor of
the transfer right or an associate of that
subsequent purchaser undertook or
participated in the land development at any
10 time before the next subsequent purchaser
held a transfer right.".
(5) For section 32R(2) of the Duties Act 2000
substitute--
"(2) For the purposes of this Division, the
15 dutiable value of a subsequent transaction
referred to in section 32Q(1)(b) or (c) is the
greater of--
(a) the consideration given or agreed to be
given by the subsequent purchaser or an
20 associate of the subsequent purchaser in
order for the subsequent purchaser to
obtain the transfer right under the
transaction, other than excluded costs
or any increase in consideration that
25 arises because of the operation of
section 32V; and
(b) the amount for which the property
might reasonably have been sold if it
had been sold, free from encumbrances,
30 in the open market on the date on which
the subsequent transaction was entered
into.
561236B.I-29/10/2008 13 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 7
(3) If a subsequent purchaser has obtained a
transfer right in the circumstances referred to
in section 32A(2), the value of the
subsequent transaction for the purposes of
5 subsection (2)(b) is to be calculated only to
the extent of the transfer right obtained by
the subsequent purchaser under that
subsequent transaction.".
(6) For section 32T(1)(b) of the Duties Act 2000
10 substitute--
"(b) in the case of duty referred to in
section 32Q(1)(b)--by the final subsequent
purchaser;
(c) in the case of duty referred to in
15 section 32Q(1)(c)--by the subsequent
purchaser who obtains a transfer right under
the relevant subsequent transaction.".
(7) In section 32U(3) and (4) of the Duties Act 2000,
after "32Q(1)(b)" insert "or (c)".
20 7 New section 32W substituted
For section 32W of the Duties Act 2000
substitute--
"32W Transactions between relatives
(1) If a subsequent purchaser who obtains a
25 transfer right from the first purchaser is--
(a) a relative of the first purchaser acting
on the relative's own behalf; or
(b) a trustee of a fixed trust the only
beneficiaries of which are relatives of
30 the first purchaser--
duty is not chargeable under this Part on the
sale contract or option to the extent of the
transfer right obtained by the subsequent
purchaser.
561236B.I-29/10/2008 14 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 8
(2) If a subsequent purchaser (the second
subsequent purchaser) obtains a transfer
right from another subsequent purchaser
(the first subsequent purchaser) under a
5 subsequent transaction referred to in section
32C(1)(c), 32J(1)(c) or 32Q(1)(c) and the
second subsequent purchaser is--
(a) a relative of the first subsequent
purchaser acting on the relative's own
10 behalf; or
(b) a trustee of a fixed trust the only
beneficiaries of which are relatives of
the first subsequent purchaser--
duty is not chargeable under this Part in
15 respect of the subsequent transaction under
which the first subsequent purchaser
obtained its transfer right to the extent of the
transfer right obtained by the second
subsequent purchaser.".
20 Division 2--Exemptions for trusts and equity release
programs
8 Transfers to and from a trustee or nominee
(1) For section 35(1) of the Duties Act 2000
substitute--
25 "(1) No duty is chargeable under this Chapter in
respect of--
(a) a transfer of dutiable property that is
made by the transferor to a trustee or
nominee to be held solely as trustee or
30 nominee of the transferor, without any
change in the beneficial ownership of
the property; or
561236B.I-29/10/2008 15 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 9
(b) a declaration of trust by a trustee or
nominee referred to in paragraph (a)
under which the dutiable property
referred to in that paragraph is held on
5 trust solely for the transferor, without
any change in the beneficial ownership
of the property; or
(c) a transfer made by way of re-transfer of
dutiable property referred to in
10 paragraph (a) to the transferor, without
any change in the beneficial ownership
of the dutiable property, if no person
other than the transferor has had a
beneficial interest in the property
15 between the transfer to the trustee or
nominee and the retransfer.".
(2) In section 35(3) of the Duties Act 2000 omit
"or marketable securities".
9 Equity release programs
20 In section 55(4) of the Duties Act 2000--
(a) for the definition of homeowner
substitute--
"homeowner means a person--
(a) who is of or over the age of
25 60 years on the day on which the
sale contract is entered into; and
(b) who, immediately before entering
into the sale contract, holds an
estate in fee simple in the whole
30 of the land that is occupied by the
person as his or her principal place
of residence and whose estate is
not subject to any mortgage.";
(b) the definition of pension age is repealed.
561236B.I-29/10/2008 16 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 10
Division 3--Miscellaneous Duties
10 Definitions
Insert the following definition in section 3(1) of
the Duties Act 2000--
5 "approved agent means a person registered as an
approved agent under section 248A;".
11 Imposition of duty
(1) In section 241(b) of the Duties Act 2000, for
"section 95(1)(a)" substitute "section 95(1)".
10 (2) In section 244(b) of the Duties Act 2000, for
"section 95(1A)(a)" substitute "section 95A(1)".
(3) In section 246(b) of the Duties Act 2000, for
"section 95(2)(a)" substitute "section 95B(1)".
12 New Part 4 inserted in Chapter 10
15 After Part 3 of Chapter 10 of the Duties Act 2000
insert--
"PART 4--REGISTRATION OF APPROVED
AGENTS
248A Registration of approved agents
20 (1) The Commissioner, on the recommendation
of the Secretary, may register a livestock
agent within the meaning of the Livestock
Disease Control Act 1994 as an approved
agent for the purposes of this Part and Part 6
25 of that Act.
(2) The Commissioner may, after consulting the
Secretary, revoke a registration made under
subsection (1).
(3) The Commissioner must assign a number to
30 every livestock agent registered as an
approved agent.
561236B.I-29/10/2008 17 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 13
(4) In this section--
Secretary means Secretary to the Department
of Primary Industries.
248B Commissioner to keep register of
5 approved agents
(1) The Commissioner must keep a register of
approved agents including each approved
agent's name and assigned number.
(2) The Commissioner--
10 (a) must make the register of approved
agents available on an Internet website
maintained by the Commissioner; and
(b) may make the register available by any
other method.".
15 Division 4--Transitional provisions
13 New clause 28 inserted in Schedule 2
In Schedule 2 to the Duties Act 2000, after
clause 27 insert--
"28 State Taxation Acts Further Amendment
20 Act 2008
(1) Part 4A of Chapter 2, as amended by
Division 1 of Part 2 of the State Taxation
Acts Further Amendment Act 2008,
applies to a transfer resulting from a sale
25 contract that was entered into, or an option
that was granted, on or after the
commencement of that Division 1.
(2) Part 4A of Chapter 2, as in force
immediately before the commencement of
30 Division 1 of Part 2 of the State Taxation
Acts Further Amendment Act 2008,
continues to apply to a transfer resulting
from a sale contract that was entered into, or
561236B.I-29/10/2008 18 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 2--Duties Act 2000
s. 13
an option that was granted, before that
commencement.
(3) Section 55, as amended by section 9 of the
State Taxation Acts Further Amendment
5 Act 2008, applies to a transaction taking
place on or after 15 June 2005.
(4) A taxpayer is entitled to a refund of any duty
paid that is not payable because of
subclause (3).
10 (5) A person who, immediately before 1 January
2009, was an approved agent under
section 94 of the Livestock Disease Control
Act 1994 is deemed on and after that day to
be registered as an approved agent under
15 section 248A.
(6) The number assigned by the Commissioner
under section 94 of the Livestock Disease
Control Act 1994 to a person who,
immediately before 1 January 2009, was an
20 approved agent under that section is deemed
on and after that day to be the number
assigned to the person for the purposes of
section 248A.".
__________________
561236B.I-29/10/2008 19 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 3--First Home Owner Grant Act 2000
s. 14
PART 3--FIRST HOME OWNER GRANT ACT 2000
Division 1--First Home Owners Boost
See: 14 Definitions
Act No.
5/2000.
Reprint No. 2
In section 3(1) of the First Home Owner Grant
5 as at Act 2000 after the definition of residential
26 September
2007
property insert--
and
amending "special eligible transaction--see section 13A;".
Act Nos
12/2008 and
31/2008.
LawToday:
www.
legislation.
vic.gov.au
15 New section 13A inserted
After section 13 of the First Home Owner Grant
10 Act 2000 insert--
"13A Special eligible transactions
(1) An eligible transaction is also a special
eligible transaction if it is--
(a) a contract for the purchase of a home in
15 the State (other than a contract for an
off-the-plan purchase of a new home)
entered into on or after 14 October
2008 and on or before 30 June 2009;
(b) a contract for the purchase of a new
20 residential premises in the State entered
into on or after 14 October 2008 and on
or before 30 June 2009;
561236B.I-29/10/2008 20 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 3--First Home Owner Grant Act 2000
s. 15
(c) a comprehensive home building
contract for a home in the State entered
into on or after 14 October 2008 and on
or before 30 June 2009 in respect of
5 which--
(i) the construction work commences
within 26 weeks from the date that
the contract is entered into or a
longer period that the
10 Commissioner considers
appropriate in the circumstances
of the case; and
(ii) the building work is completed
within 18 months of the date of
15 commencement of construction
work or a longer period that the
Commissioner considers
appropriate in the circumstances
of the case;
20 (d) for the building of a home in the State
by an owner builder and the building
work--
(i) is commenced on or after
14 October 2008 and on or before
25 30 June 2009; and
(ii) is completed within 18 months of
the commencement of the eligible
transaction or a longer period that
the Commissioner considers
30 appropriate in the circumstances
of the case;
(e) a contract for an off-the-plan purchase
of a home in the State and--
(i) the contract is entered into on or
35 after 14 October 2008 and on or
before 30 June 2009; and
561236B.I-29/10/2008 21 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 3--First Home Owner Grant Act 2000
s. 16
(ii) the construction work is
completed by 31 December 2010
or a later date that the
Commissioner considers
5 appropriate in the circumstances
of the case.
(2) However, a contract is not a special eligible
transaction if the Commissioner determines
that the contract replaces a previous contract
10 entered into before 14 October 2008 that
was--
(a) a contract for the purchase of the same
home; or
(b) a comprehensive home building
15 contract to build the same or a
substantially similar home.
(3) In this section--
new residential premises has the same
meaning as in section 40-75 of the
20 A New Tax System (Goods and
Services Tax) Act 1999 of the
Commonwealth.".
16 Amendment of section 18--Amount of grant
After section 18(6) of the First Home Owner
25 Grant Act 2000 insert--
"(7) Subject to subsection (7A), in relation to a
special eligible transaction an additional
amount is payable as follows--
(a) $7000, if the contract is for the
30 purchase of an existing home; or
561236B.I-29/10/2008 22 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 3--First Home Owner Grant Act 2000
s. 17
(b) $14 000, if--
(i) section 13A(1)(b), 13A(1)(c),
13A(1)(d) or 13A(1)(e) applies to
the transaction; and
5 (ii) the home has not been occupied as
a residence since it was
constructed, renovated or
refurbished.
(7A) Subsection (7) does not apply to the extent
10 that the total amount of the first home
owner grant (including any additional
amounts referred to in subsection (2) and
subsection (7)) would exceed the
consideration for the special eligible
15 transaction.".
Division 2--General amendments
17 Definitions and cross-references
In section 3(1) of the First Home Owner Grant
Act 2000, in the definition of taxation law--
20 (a) for "taxing law" substitute "taxing Act";
(b) for "taxing law" substitute "taxing Act".
18 Power to correct decision
In section 23(2) of the First Home Owner Grant
Act 2000, after "made" insert "unless, at the time
25 the decision was made, all the facts and
circumstances affecting whether a first home
owner grant was payable to the applicant in
respect of whom the decision was made were not
fully and truly disclosed to the Commissioner".
30
561236B.I-29/10/2008 23 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 3--First Home Owner Grant Act 2000
s. 19
19 Objections
(1) For section 26(1) of the First Home Owner
Grant Act 2000 substitute--
"(1) An applicant (or former applicant) who is
5 dissatisfied with any of the following
decisions of the Commissioner may lodge a
written objection with the Commissioner--
(a) a decision on the application (including
a decision to reverse or vary an earlier
10 decision);
(b) a decision to require the applicant
(or former applicant) to pay a penalty
imposed under section 48.".
(2) In section 26(5) of the First Home Owner Grant
15 Act 2000, after "applicant" insert "(or former
applicant)".
20 Protection of confidential information
In section 50(4) of the First Home Owner Grant
Act 2000, in paragraph (c), after "proceedings"
20 insert "arising out of this Act, a corresponding
law or a taxation law, or a report of those
proceedings".
21 New sections 50A and 50B inserted
After section 50 of the First Home Owner Grant
25 Act 2000 insert--
"50A Prohibition on secondary disclosures of
information
(1) A person must not disclose any protected
information obtained in accordance with
30 section 50(4) unless--
(a) the disclosure is made to enable the
person to exercise a function conferred
on the person by law for the purpose of
561236B.I-29/10/2008 24 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 3--First Home Owner Grant Act 2000
s. 21
the enforcement of a law or protecting
the public revenue; and
(b) the Commissioner consents to the
disclosure.
5 Penalty: 60 penalty units.
(2) For the purposes of the Freedom of
Information Act 1982, information referred
to in subsection (1) is information of a kind
to which section 38 of that Act applies.
10 50B Further restrictions on disclosure
A person, who is (or has been) engaged in
the administration or enforcement of this
Act, is not required to disclose or produce in
any court any information obtained under or
15 in relation to the administration or
enforcement of this Act, except--
(a) if it is necessary to do so for the
purposes of the administration or
enforcement of this Act; or
20 (b) if the requirement is made for the
purposes of enabling a person who is
specified for the time being to be an
authorised recipient to exercise a
function conferred or imposed on the
25 person by law.".
__________________
561236B.I-29/10/2008 25 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 4--Livestock Disease Control Act 1994
s. 22
PART 4--LIVESTOCK DISEASE CONTROL ACT 1994
Division 1--Amendments to commence on 1 January 2009
See: 22 Commencement of certain provisions of the
Act No.
115/1994. Livestock Disease Control Act 1994
Reprint No. 5
5 as at In section 2(3) of the Livestock Disease Control
10 March
2005
Act 1994, for "92(2), 93(2) and (4) and 95(2)
and and (6)" substitute "92(2), 93(2) and 93(4)".
amending
Act Nos
108/2004,
32/2006,
80/2006 and
7/2007.
LawToday:
www.
legislation.
vic.gov.au
23 Definitions
(1) In section 3(1) of the Livestock Disease Control
10 Act 1994, for the definition of approved agent
substitute--
"approved agent means a livestock agent
registered as an approved agent under
section 248A of the Duties Act 2000;".
15 (2) In section 3(1) of the Livestock Disease Control
Act 1994 insert the following definition--
"livestock agent means a person carrying on--
(a) a business as--
(i) a stock and station agent; or
20 (ii) an abattoir operator; or
(iii) a feedlot operator; or
561236B.I-29/10/2008 26 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 4--Livestock Disease Control Act 1994
s. 24
(iv) a cattle scale operator; or
(v) a calf dealer; or
(b) a business dealing with the buying or
selling of livestock or the carcases of
5 livestock;".
24 References to stamp duty and the Stamps Act 1958
In sections 71(2)(a), 76(c), 79A(2)(a), 79F(c),
80(2)(a) and 84(c) of the Livestock Disease
Control Act 1994--
10 (a) omit "stamp";
(b) for "Stamps Act 1958" substitute "Duties
Act 2000".
25 Repeal of section 94
Section 94 of the Livestock Disease Control Act
15 1994 is repealed.
26 New sections 95 and 95A inserted
For section 95 of the Livestock Disease Control
Act 1994 substitute--
'95 Payment of duty by approved agents in
20 respect to cattle
(1) An approved agent must not later than the
21st day of each month furnish to the
Commissioner of State Revenue--
(a) if during the last preceding month there
25 has been no sale or purchase of cattle
and calves and carcases of cattle, a nil
return; or
(b) in any other case, a return or returns of
sales or purchases of cattle and calves
30 and the carcases of cattle during the last
preceding month, in the prescribed
form, verified in the prescribed manner
and denoted by cash register imprint
561236B.I-29/10/2008 27 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 4--Livestock Disease Control Act 1994
s. 26
with the duty paid by the approved
agent.
Penalty: 5 penalty units.
(2) An approved agent must not later than the
5 21st day of each month pay to the
Commissioner as cattle duty on any return
the duty chargeable under the Duties Act
2000.
Penalty: 5 penalty units and a penalty equal
10 to double the amount of duty that
would have been payable if the
requirement of this subsection and
the Duties Act 2000 had been
complied with.
15 (3) An approved agent must keep or cause to be
kept in Victoria sufficient books to enable
the agent to calculate accurately the amounts
which are to be set out in returns required
under this section.
20 Penalty: 5 penalty units.
(4) An approved agent must keep available for
inspection the books and records and all
working papers used in making the
calculations for at least 3 years from the
25 month to which each return relates or for
such other period as the Commissioner
determines in any particular case.
Penalty: 5 penalty units.
(5) An approved agent must issue to a purchaser
30 of cattle or calves or the carcases of cattle an
invoice that sets out--
(a) the registration number assigned to the
approved agent; and
(b) the amount of duty paid; and
561236B.I-29/10/2008 28 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 4--Livestock Disease Control Act 1994
s. 26
(c) the expression "Vic. Cattle Duty Paid";
and
(d) any prescribed particulars.
Penalty: 5 penalty units.
5 (6) A purchaser referred to in subsection (5)
must keep the invoice issued to the purchaser
for at least 3 years.
(7) An approved agent who purchases cattle or
calves or the carcases of cattle on the
10 approved agent's own behalf, must issue to a
seller of those cattle, calves or carcases a
statement that sets out--
(a) the registration number assigned to the
approved agent; and
15 (b) the amount of duty paid; and
(c) the expression "Vic. Cattle Duty Paid";
and
(d) any prescribed particulars.
Penalty: 5 penalty units.
20 (8) A seller referred to in subsection (7) must
keep the statement issued to the seller for at
least 3 years.
95A Payment of duty by approved agents in
respect to sheep and goats
25 (1) An approved agent must not later than the
21st day of each month furnish to the
Commissioner of State Revenue--
(a) if during the last preceding month there
has been no sale or purchase of sheep
30 and goats and carcases of sheep and
goats, a nil return; or
561236B.I-29/10/2008 29 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 4--Livestock Disease Control Act 1994
s. 26
(b) in any other case, a return or returns of
sales or purchases of sheep and goats
and the carcases of sheep and goats
during the last preceding month, in the
5 prescribed form, verified in the
prescribed manner and denoted by cash
register imprint with the duty paid by
the approved agent.
Penalty: 5 penalty units.
10 (2) An approved agent must not later than the
21st day of each month pay to the
Commissioner as sheep and goat duty on any
return the duty chargeable under the Duties
Act 2000.
15 Penalty: 5 penalty units and a penalty equal
to double the amount of duty that
would have been payable if the
requirement of this Part and the
Duties Act 2000 had been
20 complied with.
(3) An approved agent must keep or cause to be
kept in Victoria sufficient books to enable
the agent to calculate accurately the amounts
which are to be set out in returns required
25 under this section.
Penalty: 5 penalty units.
(4) An approved agent must keep available for
inspection the books and records and all
working papers used in making the
30 calculations for at least 3 years from the
month to which each return relates or for
such other period as the Commissioner
determines in any particular case.
Penalty: 5 penalty units.
561236B.I-29/10/2008 30 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 4--Livestock Disease Control Act 1994
s. 27
(5) An approved agent must issue to a purchaser
of sheep or goats or the carcases of sheep or
goats an invoice that sets out--
(a) the registration number assigned to the
5 approved agent; and
(b) the amount of duty paid; and
(c) the expression "Vic. Sheep and Goat
Duty Paid"; and
(d) any prescribed particulars.
10 Penalty: 5 penalty units.
(6) A purchaser referred to in subsection (5)
must keep the invoice issued to the purchaser
for at least 3 years.
(7) An approved agent who purchases sheep or
15 goats or the carcases of sheep or goats on the
approved agent's own behalf must issue to
the seller of those sheep, goats or carcases a
statement that sets out--
(a) the registration number assigned to the
20 approved agent; and
(b) the amount of duty paid; and
(c) the expression "Vic. Sheep and Goat
Duty Paid"; and
(d) any prescribed particulars.
25 Penalty: 5 penalty units.
(8) A seller referred to in subsection (7) must
keep the statement issued to the seller for at
least 3 years.'.
27 Offences
30 Section 96(1) of the Livestock Disease Control
Act 1994 is repealed.
561236B.I-29/10/2008 31 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 4--Livestock Disease Control Act 1994
s. 28
28 Suspension of requirement to pay duty
In sections 96A(1) and 96A(2) of the Livestock
Disease Control Act 1994, for "92(1A) and
95(1A)" substitute "92(1A), 95A(1) and 95A(2)".
5 29 Infringement notices in relation to returns for cattle
and sheep and goats
In section 126(1) of the Livestock Disease
Control Act 1994, after "94B" insert ", 95(1),
95A(1)".
10 30 Repeal of spent provisions
Sections 140 and 141 of the Livestock Disease
Control Act 1994 are repealed.
Division 2--Amendments to commence on 1 July 2009
31 Commencement of certain provisions of the
15 Livestock Disease Control Act 1994 in relation to
swine
In section 2(3) of the Livestock Disease Control
Act 1994, for "sections 92(2), 93(2) and 93(4)"
substitute "section 92(2)".
20 32 Payment of duty of owner of cattle, sheep, goats or
pigs
(1) In sections 92(1)(a), 92(1A)(a) and 92(2)(a) of the
Livestock Disease Control Act 1994, after "sale"
insert "and the amount of duty paid to the
25 Commissioner of State Revenue under the Duties
Act 2000".
(2) Sections 92(1)(b), 92(1A)(b) and 92(2)(b) of the
Livestock Disease Control Act 1994 are
repealed.
30 33 Section 93 repealed
Section 93 of the Livestock Disease Control Act
1994 is repealed.
561236B.I-29/10/2008 32 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 4--Livestock Disease Control Act 1994
s. 34
34 New sections 95 and 95A amended
In sections 95(1)(b) and 95A(1)(b) of the
Livestock Disease Control Act 1994 omit "and
denoted by cash register imprint with the duty
5 paid by the approved agent".
Division 3--Amendments to commence on proclamation
35 New section 95B inserted
After section 95A of the Livestock Disease
Control Act 1994 insert--
10 '95B Payment of duty by approved agents in
respect to pigs
(1) An approved agent must not later than the
21st day of each month furnish to the
Commissioner of State Revenue--
15 (a) if during the last preceding month there
has been no sale or purchase of pigs
and carcases of pigs, a nil return; or
(b) in any other case, a return or returns in
the prescribed form verified in the
20 prescribed manner of sales or purchases
of pigs and the carcases of pigs during
the last preceding month.
Penalty: 5 penalty units.
(2) An approved agent must not later than the
25 21st day of each month pay to the
Commissioner as swine duty on any return
the duty chargeable under the Duties Act
2000.
Penalty: 5 penalty units and a penalty equal
30 to double the amount of duty that
would have been payable if the
requirement of this subsection and
561236B.I-29/10/2008 33 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 4--Livestock Disease Control Act 1994
s. 35
the Duties Act 2000 had been
complied with.
(3) An approved agent must keep or cause to be
kept in Victoria sufficient books to enable
5 the agent to calculate accurately the amounts
which are to be set out in returns required
under this section.
Penalty: 5 penalty units.
(4) An approved agent must keep available for
10 inspection the books and records and all
working papers used in making the
calculations for at least 3 years from the
month to which each return relates or for
such other period as the Commissioner
15 determines in any particular case.
Penalty: 5 penalty units.
(5) An approved agent must issue to a purchaser
of pigs or the carcases of pigs an invoice that
sets out--
20 (a) the registration number assigned to the
approved agent; and
(b) the amount of duty paid; and
(c) the expression "Vic. Swine Duty Paid";
and
25 (d) any prescribed particulars.
Penalty: 5 penalty units.
(6) A purchaser referred to in subsection (5)
must keep the invoice issued to the purchaser
for at least 3 years.
30 (7) An approved agent who purchases pigs or
the carcases of pigs on the approved agent's
own behalf must issue to the seller of those
pigs or carcases a statement that sets out--
561236B.I-29/10/2008 34 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 4--Livestock Disease Control Act 1994
s. 36
(a) the registration number assigned to the
approved agent; and
(b) the amount of duty paid; and
(c) the expression "Vic. Swine Duty Paid";
5 and
(d) any prescribed particulars.
Penalty: 5 penalty units.
(8) A seller referred to in subsection (7) must
keep the statement issued to the seller for at
10 least 3 years.'.
36 Infringement notices in relation to returns for swine
In section 126(1) of the Livestock Disease
Control Act 1994, after "95A(1)" insert
", 95B(1)".
__________________
561236B.I-29/10/2008 35 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 5--Taxation Administration Act 1997
s. 37
PART 5--TAXATION ADMINISTRATION ACT 1997
37 Permitted disclosures of information
See: In section 92(1)(e) of the Taxation
Act No.
40/1997. Administration Act 1997--
Reprint No. 4
5 as at (a) after subparagraph (v) insert--
29 February
2008. "(vaa) the Business Licensing Authority
LawToday:
www. (established by section 4 of the
legislation. Business Licensing Authority Act
vic.gov.au
1998) for the purpose of administering
10 the Motor Car Traders Act 1986 and
regulations made under that Act; or";
(b) after subparagraph (vd) insert--
"(ve) the Roads Corporation (established by
section 15 of the Transport Act 1983)
15 for the purpose of administering the
Road Safety Act 1986 and regulations
made under that Act; or
(vf) the Secretary to the Department of
Primary Industries for the purpose of
20 administering the Livestock Disease
Control Act 1994 and the Duties Act
2000 and regulations made under those
Acts; or".
__________________
561236B.I-29/10/2008 36 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Part 6--Repeal of Amending Act
s. 38
PART 6--REPEAL OF AMENDING ACT
38 Repeal of Act
This Act is repealed on the first anniversary of
the first day on which all of its provisions are in
5 operation.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561236B.I-29/10/2008 37 BILL LA INTRODUCTION 29/10/2008
State Taxation Acts Further Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561236B.I-29/10/2008 38 BILL LA INTRODUCTION 29/10/2008
[Index] [Search] [Download] [Related Items] [Help]