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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Revenue Laws Amendment
Bill (No. 2) 2008
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments relating to charges on
land
Division 1 -- Taxation Administration Act 2003
amended
3. The Act amended 3
4. Section 76A inserted 3
76A. Meaning of terms used in this Division 3
5. Section 76 amended 4
6. Section 77 amended 4
7. Section 78 replaced 5
78. Charge on subsequent mining tenement 5
8. Section 79 amended 6
9. Sections 81, 82 and 83 replaced 6
81. Withdrawal of memorial to be given when
tax paid 6
82. Memorials affecting TLA land or real
property 7
83. Memorials affecting mining tenements 8
10. Section 84 amended 8
11. Section 85 amended 9
12. Section 86 amended 10
Division 2 -- Mining Act 1978 amended
13. The Act amended 10
14. Section 103A amended 10
15. Section 103C amended 11
282--1 page i
Revenue Laws Amendment Bill (No. 2) 2008
Contents
16. Section 103EA inserted 11
103EA. Memorial for unpaid tax 11
Division 3 -- Taxation Administration Act 2003
further amended
17. The Act amended 12
18. Section 76A amended 13
19. Section 77A amended 13
20. Section 81 amended 13
21. Section 85 amended 13
Part 3 -- Other amendments to Taxation
Administration Act 2003
Division 1 -- Preliminary
22. The Act amended 14
Division 2 -- Amendments to commence on day
after assent day
23. Section 7 replaced 14
7. Administration of taxation Acts 14
24. Section 34 amended 15
25. Section 55A inserted 15
55A. Unused credit 15
26. Section 76 amended 15
27. Section 114 amended 16
28. Part 10 Division 6 inserted 16
Division 6 -- Early operation of certain amendments
to taxation Acts
129. Meaning of terms in this Division 16
130. Determination of pre-enactment provisions 17
131. Duration of determination notice 18
132. Amendment and replacement of
determination notice 19
133. Effect of pre-enactment provisions 19
Division 3 -- Amendments to commence on
proclamation
29. Section 20A inserted 20
20A. Compromise assessments 20
30. Section 34 amended 21
31. Glossary amended 22
page ii
Revenue Laws Amendment Bill (No. 2) 2008
Contents
Part 4 -- Amendments to other Acts
32. Duties Act 2008 amended 23
33. First Home Owner Grant Act 2000 amended 23
34. Administration of Act 23
34. Petroleum and Geothermal Energy Resources
Act 1967 amended 24
35. Rates and Charges (Rebates and Deferments)
Act 1992 amended 24
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Revenue Laws Amendment
Bill (No. 2) 2008
A Bill for
An Act to amend the following Acts --
• Taxation Administration Act 2003;
• Mining Act 1978;
• Duties Act 2008;
• First Home Owner Grant Act 2000;
• Petroleum and Geothermal Energy Resources Act 1967;
• Rates and Charges (Rebates and Deferments) Act 1992.
The Parliament of Western Australia enacts as follows:
page 1
Revenue Laws Amendment Bill (No. 2) 2008
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Revenue Laws Amendment Act (No. 2) 2008.
2. Commencement
5 This Act comes into operation, or is deemed to have come into
operation, as follows:
(a) Part 1 -- come into operation on the day on which this
Act receives the Royal Assent ("assent day");
(b) Part 2 Divisions 1 and 2, Part 3 Divisions 1 and 2, and
10 Part 4 -- come into operation on the day after assent
day;
(c) Part 2 Division 3 comes into operation --
(i) on the day after assent day; or
(ii) if the day on which the Duties Legislation
15 Amendment Act 2008 Part 2 Division 1 comes
into operation is later than the day after assent
day, when that Division comes into operation;
(d) Part 3 Division 3 -- comes into operation on a day fixed
by proclamation.
page 2
Revenue Laws Amendment Bill (No. 2) 2008
Amendments relating to charges on land Part 2
Taxation Administration Act 2003 amended Division 1
s. 3
Part 2 -- Amendments relating to charges on land
Division 1 -- Taxation Administration Act 2003 amended
3. The Act amended
The amendments in this Division are to the Taxation
5 Administration Act 2003.
4. Section 76A inserted
Before section 76 the following section is inserted in Part 6
Division 2 --
"
10 76A. Meaning of terms used in this Division
(1) In this Division --
"land", in relation to unpaid stamp duty payable under
the Stamp Act 1921 Part IIIBA, has the meaning
given in section 76 of that Act;
15 "lodge" means lodge or deliver for registration under a
relevant land Act;
"mining tenement" has the meaning given in the
Mining Act 1978 section 8(1);
"real property" means real property in respect of
20 which an instrument may be lodged under the
Registration of Deeds Act 1856;
"register" means register against land under a relevant
land Act;
"relevant land Act" means --
25 (a) in relation to TLA land, the Transfer of Land
Act 1893;
(b) in relation to a mining tenement, the Mining
Act 1978;
(c) in relation to real property, the Registration
30 of Deeds Act 1856;
page 3
Revenue Laws Amendment Bill (No. 2) 2008
Part 2 Amendments relating to charges on land
Division 1 Taxation Administration Act 2003 amended
s. 5
"TLA land" means land that is under the operation of
the Transfer of Land Act 1893.
(2) In this Division a reference to tax of a particular kind is
to be read as including --
5 (a) penalty tax that is payable in relation to tax of
that kind; and
(b) interest payable under a tax payment
arrangement in relation to tax of that kind; and
(c) costs of the kinds referred to in section 62(a),
10 (b) and (d) that are payable in relation to tax of
that kind.
".
5. Section 76 amended
(1) Section 76(1)(b) is amended by deleting "under section 83".
15 (2) Section 76(2) is amended by deleting "of the charge with the
Registrar of Titles." and inserting instead --
" for registration against the land. ".
6. Section 77 amended
(1) Section 77(1) is amended by deleting "as defined in section 76
20 of that Act" and "with the Registrar of Titles".
(2) Section 77(1a) is amended by deleting "with the Registrar of
Titles".
(3) Section 77(2) is amended by deleting "as defined in section 76
of that Act" and "with the Registrar of Titles".
25 (4) Section 77(3) is amended by deleting "as defined in section 76
of that Act," and "with the Registrar of Titles".
page 4
Revenue Laws Amendment Bill (No. 2) 2008
Amendments relating to charges on land Part 2
Taxation Administration Act 2003 amended Division 1
s. 7
(5) Section 77(4) is amended as follows:
(a) after "subsection (1)," by inserting --
" (1a), ";
(b) by deleting "under section 83".
5 (6) Section 77(5) is amended after "subsections (1)" by inserting --
" , (1a) ".
(7) Section 77(6) is amended as follows:
(a) by deleting "under subsection (1) creating" and inserting
instead --
10 " to create ";
(b) after "be lodged" by inserting --
" under subsection (1) or (1a) ".
7. Section 78 replaced
Section 78 is repealed and the following section is inserted
15 instead --
"
78. Charge on subsequent mining tenement
If --
(a) a charge arises on a mining tenement as a result
20 of the registration of a memorial against that
tenement; and
(b) under the Mining Act 1978 section 103EA(3) a
memorial is registered against a later tenement
within the meaning given in that section,
25 the registration of the memorial against the later
tenement creates a charge on that later tenement for the
unpaid tax secured by the charge referred to in
paragraph (a).
".
page 5
Revenue Laws Amendment Bill (No. 2) 2008
Part 2 Amendments relating to charges on land
Division 1 Taxation Administration Act 2003 amended
s. 8
8. Section 79 amended
Section 79(1) is amended by deleting "When a memorial of a
charge on land is registered under this Act, the charge" and
inserting instead --
5 " A charge arising under this Division ".
9. Sections 81, 82 and 83 replaced
Sections 81, 82 and 83 are repealed and the following sections
are inserted instead --
"
10 81. Withdrawal of memorial to be given when tax paid
(1) If a memorial is lodged under section 76, the
Commissioner must give a withdrawal of memorial to
the taxpayer on payment of --
(a) the land tax that was unpaid at the time the
15 memorial was lodged; and
(b) any land tax (including any amounts of the
kinds referred to in section 76A(2)) that has
subsequently become payable in relation to the
land (whether or not the due date for payment
20 of that tax has arrived).
(2) However, if land tax is assessed in relation to land
comprising a number of separate lots or parcels, the
Commissioner is not obliged to give a withdrawal of
memorial for any lot or parcel unless the whole of the
25 land tax is paid.
(3) If a memorial is lodged under section 77, the
Commissioner must give a withdrawal of memorial to
the taxpayer on payment of --
(a) the tax secured by the charge created by the
30 registration of the memorial; and
page 6
Revenue Laws Amendment Bill (No. 2) 2008
Amendments relating to charges on land Part 2
Taxation Administration Act 2003 amended Division 1
s. 9
(b) any amounts of the kinds referred to in
section 76A(2) that have subsequently become
payable in relation to that tax.
(4) A taxpayer given a withdrawal of memorial may lodge
5 it for registration against the land.
(5) If a memorial is lodged under this Division, the
Commissioner --
(a) may lodge a withdrawal of memorial at any
time whether or not the relevant tax has been
10 paid; and
(b) must lodge a withdrawal of memorial when the
land is sold in accordance with an order made
under section 85.
82. Memorials affecting TLA land or real property
15 (1) In this section --
"instrument" --
(a) in relation to TLA land, has the meaning
given in the Transfer of Land Act 1893
section 4; and
20 (b) in relation to real property, means a
judgment, deed, conveyance or instrument in
writing;
"Registrar" means --
(a) in relation to TLA land, the Registrar of
25 Titles; and
(b) in relation to real property, the Registrar of
Deeds and Transfers.
(2) A memorial or withdrawal of memorial affecting TLA
land or real property is to be lodged in a form approved
30 by the Registrar.
page 7
Revenue Laws Amendment Bill (No. 2) 2008
Part 2 Amendments relating to charges on land
Division 1 Taxation Administration Act 2003 amended
s. 10
(3) When a memorial or withdrawal of memorial affecting
TLA land or real property is lodged the Registrar must
register it against the land.
(4) A memorial affecting TLA land or real property takes
5 effect when it is registered and ceases to have effect
when a withdrawal of the memorial is registered.
(5) While a memorial registered against TLA land or real
property is in effect the Registrar must not register any
instrument affecting the land without the consent of the
10 Commissioner.
(6) Subsection (5) does not prevent a person lodging, or
the Registrar accepting, an instrument for registration.
(7) If an instrument is accepted for registration but not
registered because a memorial is in effect, when the
15 memorial ceases to have effect the instrument has
effect as if the memorial had not been registered.
83. Memorials affecting mining tenements
A memorial or withdrawal of memorial affecting a
mining tenement is to be lodged and registered, and has
20 effect, in accordance with the Mining Act 1978
Part IVA.
".
10. Section 84 amended
Section 84 is amended by deleting "in relation to land" and
25 inserting instead --
" lodged under this Division ".
page 8
Revenue Laws Amendment Bill (No. 2) 2008
Amendments relating to charges on land Part 2
Taxation Administration Act 2003 amended Division 1
s. 11
11. Section 85 amended
(1) Section 85(1) is repealed and the following subsections are
inserted instead --
"
5 (1) If all or part of the land tax for an assessment year
remains unpaid at the expiry of 18 months after the due
date for payment of that tax the Commissioner may
apply to the Supreme Court for an order for the sale of
all or part of the land.
10 (2A) If a charge has arisen under section 77 and any of the
tax secured by the charge remains unpaid at the expiry
of 18 months after the charge arose the Commissioner
may apply to the Supreme Court for an order for the
sale of all or part of the land.
15 ".
(2) Section 85(4) is amended as follows:
(a) by deleting paragraph (c) and inserting instead --
"
(c) directing a person who is responsible under a
20 relevant land Act for registering documents to
register any documents and to do anything else
necessary to give effect to the sale; and
";
(b) after each of paragraphs (a) and (b) by inserting --
25 " and ".
(3) Section 85(6) is amended as follows:
(a) by deleting paragraph (c) and inserting instead --
"
(c) thirdly, in discharge of --
30 (i) if the application was made under
subsection (1) -- all land tax payable
page 9
Revenue Laws Amendment Bill (No. 2) 2008
Part 2 Amendments relating to charges on land
Division 2 Mining Act 1978 amended
s. 12
for the land (whether or not the due date
for payment of that tax has arrived); or
(ii) if the application was made under
subsection (2A) -- all unpaid tax
5 secured by the charge;
and
";
(b) after each of paragraphs (a) and (b) by inserting --
" and ".
10 12. Section 86 amended
Section 86 is amended by deleting "or registration of a charge"
and inserting instead --
" of a charge or registration of a memorial ".
Division 2 -- Mining Act 1978 amended
15 13. The Act amended
The amendments in this Division are to the Mining Act 1978.
14. Section 103A amended
Section 103A is amended by deleting the full stop after the
definition of "authorised officer" and inserting instead --
20 "
;
"tax memorial" means a memorial affecting a mining
tenement lodged under the Taxation
Administration Act 2003 Part 6 Division 2 for
25 registration under this Act;
"withdrawal of memorial" means a withdrawal of a
tax memorial lodged under the Taxation
Administration Act 2003 section 81 for registration
under this Act.
30 ".
page 10
Revenue Laws Amendment Bill (No. 2) 2008
Amendments relating to charges on land Part 2
Mining Act 1978 amended Division 2
s. 15
15. Section 103C amended
(1) Section 103C(1) is amended as follows:
(a) after paragraph (c) by deleting "and";
(b) by deleting the full stop after paragraph (d) and inserting
5 instead --
"
;
(e) a tax memorial;
(f) a withdrawal of memorial.
10 ".
(2) After section 103C(5) the following subsection is inserted --
"
(6A) If a tax memorial is registered a notice stating that the
memorial has been registered is to be sent by certified
15 mail to the holder of the mining tenement against
which the memorial is registered.
".
16. Section 103EA inserted
After section 103D the following section is inserted --
20 "
103EA. Memorial for unpaid tax
(1) A tax memorial takes effect when it is registered and
ceases to have effect when a withdrawal of the
memorial is registered.
25 (2) While a tax memorial registered against a mining
tenement is in effect no dealing affecting the mining
tenement is to be lodged or registered without the
consent of the Commissioner of State Revenue.
page 11
Revenue Laws Amendment Bill (No. 2) 2008
Part 2 Amendments relating to charges on land
Division 3 Taxation Administration Act 2003 further amended
s. 17
(3) If a tax memorial is registered and in effect against --
(a) a mining tenement and the holder of that
tenement is granted a mining lease or general
purpose lease (the "later tenement") under
5 section 49, 67 or 70L in respect of the land or a
part of the land the subject of the tenement; or
(b) a mining tenement and the holder of that
tenement is granted a retention licence (the
"later tenement") under section 70B in respect
10 of the land or a part of the land the subject of
the tenement; or
(c) a special prospecting licence granted under
section 56A, 70 or 85B and the holder of that
licence is granted a mining lease for gold (the
15 "later tenement") under section 56A(8), 70(8)
or 85B(7) in respect of the land or a part of the
land the subject of the licence,
the tax memorial is to be taken to have been also
lodged against the later tenement and is to be registered
20 accordingly.
(4) A tax memorial registered in accordance with
subsection (3) is taken to have been registered
immediately after the later tenement was granted.
".
25 Division 3 -- Taxation Administration Act 2003
further amended
17. The Act amended
The amendments in this Division are to the Taxation
Administration Act 2003 after that Act is amended by the Duties
30 Legislation Amendment Act 2008 section 45.
page 12
Revenue Laws Amendment Bill (No. 2) 2008
Amendments relating to charges on land Part 2
Taxation Administration Act 2003 further amended Division 3
s. 18
18. Section 76A amended
Section 76A is amended by inserting in the appropriate
alphabetical position --
"
5 "land", in relation to unpaid landholder duty or
transfer duty (within the meanings given in
section 77A), has the meaning given in the Duties
Act 2008 section 3;
".
10 19. Section 77A amended
(1) Section 77A(1) is amended by deleting the definition of
"lodge".
(2) Section 77A(2) is amended by deleting "as defined in the Duties
Act 2008 section 3".
15 (3) Section 77A(5) is amended by deleting "under section 83".
20. Section 81 amended
Section 81(3) is amended after "section 77" by inserting --
" or 77A ".
21. Section 85 amended
20 Section 85(2A) is amended after "section 77" by inserting --
" or 77A ".
page 13
Revenue Laws Amendment Bill (No. 2) 2008
Part 3 Other amendments to Taxation Administration Act 2003
Division 1 Preliminary
s. 22
Part 3 -- Other amendments to Taxation
Administration Act 2003
Division 1 -- Preliminary
22. The Act amended
5 The amendments in this Part are to the Taxation Administration
Act 2003.
Division 2 -- Amendments to commence on day
after assent day
23. Section 7 replaced
10 Section 7 is repealed and the following section is inserted
instead --
"
7. Administration of taxation Acts
(1) The Commissioner has the general administration of
15 the taxation Acts and may do anything necessary or
convenient to be done for that purpose.
(2) Without limiting subsection (1) the Commissioner
may --
(a) deal with a taxation matter in any manner; and
20 (b) exercise in relation to a taxation matter any
discretion,
that the Commissioner considers appropriate in the
interests of good management.
(3) In subsection (2) --
25 "taxation matter" means any matter or thing arising
under or in relation to a taxation Act.
".
page 14
Revenue Laws Amendment Bill (No. 2) 2008
Other amendments to Taxation Administration Act 2003 Part 3
Amendments to commence on day after assent day Division 2
s. 24
24. Section 34 amended
Section 34(4) is amended by deleting "in writing".
25. Section 55A inserted
After section 54 the following section is inserted --
5 "
55A. Unused credit
(1) If an amount credited against a taxpayer's future tax
liabilities under section 54(2) is not debited against
those liabilities within 2 years after the credit arose the
10 Commissioner may --
(a) if the amount is less than the prescribed
amount, write off the credit; or
(b) otherwise, pay the amount to the Treasurer to
be dealt with as prescribed retained money in
15 accordance with the Unclaimed Money
Act 1990 section 9(1)(r)(ii).
(2) If a credit is written off under subsection (1)(a) --
(a) the amount written off is to be credited to the
Consolidated Account; and
20 (b) the Unclaimed Money Act 1990 does not apply
to or in relation to that amount.
(3) If a credit is written off under subsection (1)(a) and
within 5 years after the credit arose the taxpayer
requests payment of the written off amount, the
25 Commissioner must pay that amount to the taxpayer.
".
26. Section 76 amended
Section 76(6) is amended by deleting "liable" and inserting
instead --
30 " jointly liable with the taxpayer ".
page 15
Revenue Laws Amendment Bill (No. 2) 2008
Part 3 Other amendments to Taxation Administration Act 2003
Division 2 Amendments to commence on day after assent day
s. 27
27. Section 114 amended
After section 114(3)(e) the following paragraph is inserted --
"
(f) the disclosure in accordance with the
5 Unclaimed Money Act 1990 of information or
material relating to amounts paid under
section 55A(1)(b);
".
28. Part 10 Division 6 inserted
10 After section 128 the following Division is inserted in
Part 10 --
"
Division 6 -- Early operation of certain amendments
to taxation Acts
15 129. Meaning of terms in this Division
(1) In this Division --
"amending Bill", in relation to a determination notice,
means a Bill provisions of which are determined
by the notice to be pre-enactment provisions;
20 "determination notice" means a notice made under
section 130;
"tax threshold" means an amount, value or level
above, from, up to or below which --
(a) tax is or is not payable; or
25 (b) a particular rate of tax applies; or
(c) a concession or exemption does or does not
apply;
"taxation Act" includes the First Home Owner Grant
Act 2000.
page 16
Revenue Laws Amendment Bill (No. 2) 2008
Other amendments to Taxation Administration Act 2003 Part 3
Amendments to commence on day after assent day Division 2
s. 28
(2) For the purposes of this Division a Bill is "before" a
House of Parliament if the second reading of the Bill in
that House has been moved but the Bill has not been
passed by the House.
5 130. Determination of pre-enactment provisions
(1) If a Bill that would amend a taxation Act is before the
Legislative Assembly or Legislative Council the
Minister may, by notice published in the Gazette,
determine specified provisions of the Bill, as
10 introduced into that House, to be pre-enactment
provisions for the purposes of section 133.
(2) The Minister may determine provisions of a Bill to be
pre-enactment provisions if, and only if, they would --
(a) amend a taxation Act to do one or more of the
15 following --
(i) reduce an amount or rate of tax
(including by reducing it to zero);
(ii) change or remove a tax threshold;
(iii) expand the class of persons, acts,
20 matters or things in respect of whom or
which a concession or exemption
applies;
(iv) introduce a concession or exemption;
(v) effect a change that will have the same
25 effect as making an amendment of a
kind described in subparagraphs (i) to
(iv);
or
(b) amend a taxation Act to make amendments
30 necessary or convenient to be made for the
purpose of giving effect to an amendment of a
kind described in paragraph (a); or
page 17
Revenue Laws Amendment Bill (No. 2) 2008
Part 3 Other amendments to Taxation Administration Act 2003
Division 2 Amendments to commence on day after assent day
s. 28
(c) make provision for the commencement or
application of amendments of the kind
described in paragraphs (a) and (b) or for
transitional matters relating to them.
5 (3) The Minister must cause a determination notice, or a
notice amending or revoking a determination, to be laid
before each House of Parliament within 3 sitting days of
that House following publication of notice in the
Gazette.
10 131. Duration of determination notice
(1) A determination notice comes into force on the day on
which it is published in the Gazette.
(2) A determination notice ceases to be in force at the end
of the day on which the first of the following occurs --
15 (a) the amending Bill (whether or not it has been
amended in Parliament) receives the Royal
Assent;
(b) the notice is revoked by the Minister by notice
published in the Gazette;
20 (c) the period of 6 months from the day on which
the notice came into force expires;
(d) the amending Bill is defeated in either House of
Parliament;
(e) the Legislative Assembly expires or is
25 dissolved before the amending Bill has been
passed by both Houses of Parliament.
(3) When a determination notice ceases to be in force, the
Interpretation Act 1984 section 37 applies as if the
cessation were the repeal of a written law.
page 18
Revenue Laws Amendment Bill (No. 2) 2008
Other amendments to Taxation Administration Act 2003 Part 3
Amendments to commence on day after assent day Division 2
s. 28
132. Amendment and replacement of determination
notice
(1) The Minister may, by notice published in the Gazette,
amend a determination notice but only for the purpose
5 of correcting --
(a) a clerical mistake; or
(b) an accidental slip or omission; or
(c) an error in the way in which the amending Bill
or a provision of the Bill is referred to.
10 (2) The Minister cannot determine a provision of a Bill to
be a pre-enactment provision more than once.
(3) If --
(a) a determination notice ("original notice") was
made in respect of provisions of a Bill while it
15 was before the Legislative Assembly; and
(b) the Bill was amended by the Legislative
Assembly; and
(c) the Bill is before the Legislative Council,
then despite subsection (2) the Minister may make a
20 replacement determination notice revoking the original
notice and determining specified provisions of the Bill,
as introduced into the Legislative Council, to be
pre-enactment provisions for the purposes of
section 133.
25 (4) In relation to a replacement determination notice the
reference in section 131(2)(c) to the day on which the
notice came into force is taken to be a reference to the
day on which the original notice came into force.
133. Effect of pre-enactment provisions
30 (1) While a determination notice is in force an Act that
would be amended by the pre-enactment provisions
page 19
Revenue Laws Amendment Bill (No. 2) 2008
Part 3 Other amendments to Taxation Administration Act 2003
Division 3 Amendments to commence on proclamation
s. 29
specified in the notice has effect as if those provisions
had been passed without amendment and had come
into operation.
(2) However, if the amount of tax payable by a taxpayer
5 under an Act as affected by subsection (1) is greater
than the amount of tax that would be payable if the
determination notice was not in force (the "unaffected
amount"), the amount of tax payable is reduced to the
unaffected amount.
10 ".
Division 3 -- Amendments to commence on proclamation
29. Section 20A inserted
After section 19 the following section is inserted --
"
15 20A. Compromise assessments
(1) If the Commissioner considers it appropriate to do so to
avoid undue delay or expense, to settle a dispute or for
any other reason, the Commissioner may --
(a) make a written agreement (a "compromise
20 agreement") with a taxpayer in relation to the
assessment of the taxpayer's tax liability; and
(b) make an assessment in accordance with the
compromise agreement.
(2) Despite section 16 the Commissioner must not make a
25 reassessment of a compromise assessment unless --
(a) the taxpayer has agreed; or
(b) the Commissioner is satisfied that the
compromise assessment --
(i) was procured by fraud; or
30 (ii) was made in consequence of the
taxpayer knowingly failing to disclose
page 20
Revenue Laws Amendment Bill (No. 2) 2008
Other amendments to Taxation Administration Act 2003 Part 3
Amendments to commence on proclamation Division 3
s. 30
material information or providing
information knowing that it was
incorrect, incomplete or misleading.
(3) Each of the following are final and not subject to
5 objection or review under Part 4 or to any other form of
appeal or review --
(a) a decision of the Commissioner under this
section to make, or not make, a compromise
agreement;
10 (b) a decision of the Commissioner under this
section as to the terms of a compromise
agreement;
(c) a compromise assessment.
(4) No action can be brought in any court or tribunal to
15 compel the Commissioner to make a compromise
agreement.
(5) This section does not limit the Commissioner's powers
under section 19.
".
20 30. Section 34 amended
(1) Section 34(1)(a) is amended by inserting after "assessment" --
" , other than a compromise assessment ".
(2) Section 34(2) is amended by deleting the full stop after
paragraph (d) and inserting instead --
25 "
;
(e) a decision which, under section 20A(3), is not
subject to objection under this Part.
".
page 21
Revenue Laws Amendment Bill (No. 2) 2008
Part 3 Other amendments to Taxation Administration Act 2003
Division 3 Amendments to commence on proclamation
s. 31
31. Glossary amended
The Glossary is amended as follows:
(a) in the definition of "assessment" by deleting "or a
reassessment;" and inserting instead --
5 " , a reassessment or a compromise assessment; ";
(b) by inserting in the appropriate alphabetical position --
"
"compromise assessment" means an assessment made in
accordance with section 20A;
10 ".
page 22
Revenue Laws Amendment Bill (No. 2) 2008
Amendments to other Acts Part 4
s. 32
Part 4 -- Amendments to other Acts
32. Duties Act 2008 amended
(1) The amendments in this section are to the Duties Act 2008.
(2) Section 110 is amended by deleting "Financial Sector
5 (Transfers of Business) Act 1999" and inserting instead --
"
Financial Sector (Business Transfer and Group
Restructure) Act 1999
".
10 Note: The heading to section 110 is to be altered by deleting "Financial
Sector (Transfers of Business) Act 1999" and inserting instead
"Financial Sector (Business Transfer and Group Restructure)
Act 1999".
15 33. First Home Owner Grant Act 2000 amended
(1) The amendments in this section are to the First Home Owner
Grant Act 2000.
(2) Section 34 is repealed and the following section is inserted
instead --
20 "
34. Administration of Act
The Taxation Administration Act 2003 section 7
applies in relation to this Act as if this Act were a
taxation Act as defined in the Glossary to that Act.
25 ".
page 23
Revenue Laws Amendment Bill (No. 2) 2008
Part 4 Amendments to other Acts
s. 34
34. Petroleum and Geothermal Energy Resources Act 1967
amended
(1) The amendments in this section are to the Petroleum and
Geothermal Energy Resources Act 1967.
5 (2) Section 86 is amended by deleting "Stamp Act 1921" and
inserting instead --
" Duties Act 2008 ".
Note: The heading to section 86 is to be altered by deleting "stamp".
35. Rates and Charges (Rebates and Deferments) Act 1992
10 amended
(1) The amendments in this section are to the Rates and Charges
(Rebates and Deferments) Act 1992.
(2) Section 15(1) is amended as follows:
(a) by deleting paragraph (c) and "or" after it;
15 (b) by deleting the comma at the end of paragraph (d) and
inserting instead --
"
; or
(e) otherwise, may,
20 ".
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