2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

An Act to amend the First Home Owner Grant Act 2000, the Payroll Tax Act 1987 and the Rates and Land Tax Act 1926

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Revenue Legislation Amendment Act 2002 (No 2).

(1) Part 4 commences on 1 July 2003.

(2) The remaining provisions commence on the day after the notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This part amends the First Home Owner Grant Act 2000.

(3) An applicant is also ineligible if, before the commencement date of the relevant transaction, the applicant or the applicant’s partner—

(a) held a relevant interest in residential property in the ACT or an interest in residential property in a State that is a relevant interest under the corresponding law of the State; and

(b) occupied the property as a place of residence.

This part amends the Payroll Tax Act 1987.

(5) In subsection (1) (g):

prescribed person, in relation to an employer, means a person who was, for longer than 12 months immediately before starting employment with the employer—

(a) unemployed; and

(b) receiving an allowance under the Social Security Act 1991 (Cwlth) for that unemployment.

(6) For subsection (5), definition of prescribed person, a period of not longer than 4 weeks, or periods totalling not longer than 4 weeks, when a person was employed, or was not receiving an allowance under the Social Security Act 1991 (Cwlth) for unemployment, must be disregarded in working out whether a period is a period of longer than 12 months mentioned in the definition.

This part amends the Rates and Land Tax Act 1926.

The dictionary at the end of this Act is part of the Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of the Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

(d) that the rent payable under the lease throughout the term of 99 years beginning on the relevant date was a nominal rent.

(1) All land

All land

(b) if section 10 (1) (b) applies—on the day of the relevant change of circumstances;

rateable land in the city area

residential or commercial land

P means—

(a) for a parcel of residential land—0.7820%; or

(b) for a parcel of commercial land—1.3356%.

rateable land outside the city area

rural land

non-residential land

commercial land

non-residential land

commercial land

land leased for residential purposes to

residential land owned by

(b) a parcel of rural land;

, and is exempt from land tax under section 22B (1) (a),

(3) Subsections (1) and (2) do not apply to a company.

in the city area

rateable land in the city area

residential or commercial land

(1) A person may apply to the commissioner for a certificate of—

(a) the rates assessed to be payable under this Act for a parcel of land for the current financial year; and

(b) the land tax assessed to be payable under this Act for the land for the current quarter; and

(c) the rates, land tax and other amounts immediately payable to the Territory under this Act in relation to the land.

Note 1 A fee may be determined under s 36 (Determination of fees) for this section.

Note 2 If a form is approved under s 38 (Approved forms) for an application, the form must be used.

(2) The commissioner must give the applicant a certificate—

(a) stating the rates assessed to be payable under this Act for the land for the current financial year; and

(b) stating the land tax assessed to be payable under this Act for the land for the current quarter; and

(c) stating—

(i) the rates, land tax and other amounts immediately payable to the Territory under this Act in relation to the land; or

(ii) that no amounts are immediately payable to the Territory under this Act in relation to the land.

(3) The certificate is conclusive proof for a genuine buyer for value of the matters certified.

(4) For this section, rates, land tax and other amounts are taken to be payable immediately even though any necessary time after service of a notice may not have ended.

(1) A person may apply to the commissioner for a statement of—

(a) the amounts that became payable to the Territory under this Act in relation to a parcel of land in a stated financial year; and

(b) the payments received by the Territory in that year for amounts that became payable under this Act in relation to the land.

Note 1 A fee may be determined under s 36 (Determination of fees) for this section.

Note 2 If a form is approved under s 38 (Approved forms) for an application, the form must be used.

(2) The commissioner must give the applicant the statement requested.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:

• commissioner for revenue

• contravene

• fail

• financial year

• person.

commercial land means rateable land that is not residential land or rural land.

commissioner means the commissioner for revenue.

primary production means—

(a) production resulting directly from—

(i) cultivation of land; or

(ii) keeping animals for sale of the animals, their bodily produce or their natural increase; or

(iii) fishing operations; or

(iv) forest operations; and

(b) the manufacture of dairy produce by the person who produced the raw material used in that manufacture.

residential land means rateable land—

(a) leased for residential purposes only; or

(b) leased for residential purposes and other purposes but used for residential purposes only.

rural land means rateable land—

(a) leased for the purpose of primary production only; or

(b) leased for the purpose of primary production and other purposes but used primarily for primary production.

year means a financial year.

For the latest republication of amended laws, see www.legislation.act.gov.au.