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This is a Bill, not an Act. For current law, see the Acts databases.
TAXATION (GOVERNMENT BUSINESS ENTERPRISES) BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Taxation
(Government Business Enterprises) Bill 2002
Contents
Page
Part 1.1 ACTION Authority Act
2001 7
Part 1.2 Cultural Facilities Corporation Act
1997 7
Part 1.3 Gungahlin Development Authority Act
1996 7
Part 1.4 Hotel School Act 1996 7
Part 1.5 Insurance Authority Act
2000 8
Part 1.6 Kingston Foreshore Development Authority Act
1999 8
Part 1.7 National Exhibition Centre Trust Act
1976 9
Part 1.8 Payroll Tax Act 1987 9
Part 1.9 Stadiums Authority Act
2000 10
Part 1.10 Territory Owned Corporations Act
1990 10
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Taxation (Government
Business Enterprises) Bill 2002
A Bill for
An Act about the payment of tax, and amounts equivalent to tax, by
government business enterprises, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Taxation (Government Business Enterprises) Act
2002.
(1) Parts 2 and 3 are taken to have commenced on 1 July 2002.
(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)).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words
and expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this
Act.
For example, the signpost definition ‘memorandum of
understanding—see section 5.’ means that the expression
‘memorandum of understanding’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost
definition) 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 this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Part
2 Payment of Commonwealth income tax
equivalent
The purpose of this part is to give effect in relation to the Territory to
the 2001 memorandum of understanding between the Territory, the
Commonwealth, the States and the commissioner of taxation about the national tax
equivalent regime.
6 Territory
entities subject to national tax equivalent regime
A Territory entity prescribed under the regulations for this section must
comply with—
(a) the taxation laws listed in the memorandum of understanding, schedule
2 subject to the modifications of the application of those laws made by the
memorandum and the manual; and
(b) the manual.
7 Application
of principle of competitive neutrality
In making regulations for section 6, the Executive must have regard to the
principle that, to eliminate resource allocation distortions arising out of the
public ownership of entities engaged in significant business activities,
government businesses should not enjoy any net competitive advantage simply
because of their public ownership.
8 Information
to be given
A Territory entity prescribed for section 6 must, on being asked to do so
by the Minister, give the Minister—
(a) any information asked for by the Minister about the entity’s
compliance with its obligations under this part; or
(b) a copy of any return or other document the entity has given the
commissioner of taxation in compliance, or purported compliance, with its
obligations under this part.
Part
3 Payment of taxes and charges
generally
9 Territory
entities subject to taxes and charges generally
A territory entity prescribed under the regulations for this section is not
exempt from liability for any tax (however described), or any fee or charge,
under Territory law.
10 Territory
entities subject to taxes and charges at direction of
Minister
(1) The Minister may, in writing, direct a Territory entity that is not
prescribed for section 9 to pay any tax (however described), or any fee or
charge payable under a Territory law.
(2) A direction is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
11 Regulation-making
power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
Schedule 1 amends the Acts mentioned in it.
Schedule
1 Consequential
amendments
(see s 12)
Part
1.1 ACTION Authority Act
2001
omit
Part
1.2 Cultural Facilities Corporation
Act 1997
omit
Part
1.3 Gungahlin Development Authority
Act 1996
[1.3] Sections
35 and 35A
omit
Part
1.4 Hotel School Act
1996
omit
Part
1.5 Insurance Authority Act
2000
substitute
34 Exemption from insurance levy and stamp duty on
policies
ACTIA is exempt from the payment of any insurance levy or stamp duty on an
insurance policy issued by ACTIA.
Part
1.6 Kingston Foreshore Development
Authority Act 1999
[1.6] Section
3, new definition of business plan
insert
business plan, of the authority for a financial
year—see section 27.
substitute
27 Meaning of business
plan
A business plan, of the authority for a financial year, is
the business plan of the authority in force for that year, and includes any
modification of the plan under section 31.
[1.8] Sections
27A and 34 to 37
omit
Part
1.7 National Exhibition Centre Trust
Act 1976
omit
Part
1.8 Payroll Tax Act
1987
[1.10] Section
9 (1) (h) and (i)
substitute
(h) from a bank account kept under the Financial Management Act
1996, part 5, unless—
(i) the bank account is nominated by the Minister in writing for this
subparagraph; or
(ii) the wages are paid or payable by an entity prescribed for the
Taxation (Government Business Enterprises) Act 2002, section 9;
or
(iii) the wages are paid or payable by an entity to which a direction
under the Taxation (Government Business Enterprises) Act 2002, section 10
applies to make the entity liable to tax under this Act; or
(i) by a Territory authority funded solely by money appropriated from the
public money of the Territory by an Act unless—
(i) the wages are paid or payable by a Territory authority prescribed for
the Taxation (Government Business Enterprises) Act 2002, section 9;
or
(ii) the wages are paid or payable by a Territory authority to which a
direction under the Taxation (Government Business Enterprises) Act 2002,
section 10 applies to make the authority liable to tax under this Act.
substitute
(2) A nomination under subsection (1) (h) (i) is a disallowable
instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
Part
1.9 Stadiums Authority Act
2000
omit
Part
1.10 Territory Owned Corporations Act
1990
substitute
Part 5 Territory taxes
omit
omit
[1.16] New
section 29 (4A)
insert
(4A) This section does not apply to a Territory owned corporation
prescribed for the Taxation (Government Business Enterprises) Act 2002,
section 9 or to a subsidiary of such a corporation.
renumber subsections when Act next republished under Legislation Act
2001
[1.18] Sections
30 to 30L
omit
[1.19] Schedule
4, clause 5
omit
[1.20] Schedule
5, clause 4
omit
(see s 3)
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:
• administrative unit
• State
• Territory authority
• Territory owned corporation.
commissioner of taxation means the Commissioner of Taxation
of the Commonwealth.
manual means the manual kept by the commissioner of taxation
under the memorandum of understanding.
memorandum of understanding—see section 5.
Territory entity includes the following:
(a) a Territory authority;
(b) a Territory owned corporation;
(c) an administrative unit;
(d) a part of an administrative unit.
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2002
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