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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment and Repeal (Taxation Administration)
Bill 2008
A BILL FOR
An Act to amend the Emergency Services Funding Act 1998, the
Land Tax Act 1936, the Pay-roll Tax Act 1971, the
Stamp Duties Act 1923 and the Taxation Administration
Act 1996 and to repeal the Taxation (Reciprocal Powers)
Act 1989.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Emergency Services Funding
Act 1998
4 Amendment of section
3—Interpretation
5 Insertion of section 4
4 Meaning
of "non-reviewable" in relation to certain decisions
6 Insertion of
heading to Part 3 Division 1 Subdivision 1
7 Amendment of section
5—Land that is subject to levy
8 Amendment of section
5A—Application for aggregation of non contiguous land
9 Amendment of
section 8—Land uses
10 Amendment of section 12—Commissioner to
keep assessment book
11 Amendment of section 13—Alterations to
assessment book
12 Amendment of section 15—Liability for
levy
13 Amendment of section 16—Notice of levy
14 Substitution of
section 17
17 Refund resulting from
assessment
17A Cancellation of
assessment
17B Payment of levy into
Fund
Subdivision 2—Refunds
17C Right to apply for
refund
17D Form of application for
refund
17E Commissioner may refuse to determine
application until information etc provided
17F Offset
of refund against other
liability
17G Windfalls—refusal of
refund
Subdivision 3—Interest and penalty
levy
17H Definition for
Subdivision
17I Defaults to which Subdivision
applies
17J Interest
17K Penalty
levy
17L Amount of penalty
levy
17M Notification of penalty levy and interest and
time for payment
Subdivision 4—Collection of levy
17N Definition for
Subdivision
17O Recovery of levy as
debt
17P Joint and several
liability
17Q Collection of levy from third
parties
17R Duties of agents, trustees
etc
15 Amendment of section 18—Levy first charge on
land
16 Repeal of section 19
17 Amendment of section 20—Sale of land
for non-payment of levy
18 Amendment of section 21—Recovery of levy not
affected by objection, review or appeal
19 Substitution of section
22
22 Arrangements for payment of
levy
22A Decisions
non-reviewable
22B No statute of limitation to
apply
Subdivision 5—Investigation
22C Power to require
information, instruments or records or attendance for
examination
22D Powers of entry and
inspection
22E Use and inspection of instruments or
records produced or
seized
22F Self-incrimination
22G Hindering
or obstructing authorised officers etc
Subdivision 6—Secrecy
22H Relevant
persons
22I Prohibition of certain disclosures by
relevant persons
22J Permitted disclosure in particular
circumstances or to particular persons
22K Permitted
disclosures of general nature
22L Prohibition of
disclosures by other persons
22M Restriction on power
of courts to require disclosure
20 Amendment of section
27—Payment of levy into Fund
21 Substitution of section
31
31 Delegation
31A Evidence
22 Amendment
of section 32—Service of notices
23 Amendment of section
33A—Recouping money lost on aggregation of non contiguous
land
Part 3—Amendment of Land Tax
Act 1936
24 Amendment of section 11—Minimum
tax
Part 4—Amendment of Pay-roll Tax
Act 1971
25 Amendment of section 9 —Imposition of
pay-roll tax on taxable wages
26 Amendment of section 11A—Deduction
from taxable wages
27 Amendment of section
12—Exemptions
28 Amendment of section 13A—Meaning of prescribed
amount
29 Amendment of section 18K—Interpretation
Part 5—Amendment of Stamp Duties
Act 1923
30 Amendment of section
2—Interpretation
31 Amendment of section 6—Denotation of
duty
32 Amendment of section 11—Appropriate stamp to be
used
33 Repeal of section 12
34 Amendment of section 20—Time for
payment of duty and stamping
35 Repeal of section 29
36 Amendment of
section 60B—Refund of duty where transaction is rescinded or
annulled
37 Amendment of section 71—Instruments chargeable as
conveyances
38 Repeal of section 81A
39 Substitution of Part 3A
Part 3A—Special provisions relating to financial
products
83 Interpretation
84 Share
buy-back
85 Exempt
transactions
86 Financial products liable to
duty
87 Proclaimed
countries
88 Transfer of financial products not to be
registered unless duly stamped
40 Amendment of section
106—Spoiled or unused stamps
41 Repeal of section 106A
42 Repeal of
section 109
43 Amendment of section 112—Regulations
44 Amendment of
Schedule 2—Stamp duties and exemptions
Part 6—Amendment of Taxation Administration
Act 1996
45 Amendment of section
3—Interpretation
46 Amendment of section 26—Interest
rate
47 Amendment of section 63—Commissioner may perform functions
under laws of other jurisdictions
48 Amendment of section 66—Delegation
by Commissioner
49 Repeal of section 69
50 Insertion of Part 9 Division
2A
Division 2A—Investigations under other
laws
76A Investigations for the purposes of corresponding
laws
76B Investigations in other jurisdictions for the
purposes of taxation laws
76C Instrument of delegation
to be produced
51 Insertion of section
76D
76D Application of Division to corresponding
laws
52 Amendment of section 78—Permitted disclosure in
particular circumstances or to particular persons
53 Amendment of section
80—Prohibition of disclosure by other person
Part 7—Repeal of Taxation (Reciprocal Powers)
Act 1989
54 Repeal of Act
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment and Repeal (Taxation
Administration) Act 2008.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the Acts Interpretation Act 1915 does not
apply to this Act.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Emergency Services Funding
Act 1998
4—Amendment of
section 3—Interpretation
(1) Section 3(1)—after the definition of the area
factor insert:
authorised officer means a person who is an authorised
officer for the purposes of the taxation laws under the Taxation
Administration Act 1996;
Commissioner means the person appointed or acting as the
Commissioner of State Taxation, and includes a person appointed or acting as a
Deputy Commissioner of State Taxation (see Part 9 of the Taxation
Administration Act 1996);
(2) Section 3(1)—after the definition of motor vehicle
insert:
non-reviewable decision—see section 4;
After section 3 insert:
4—Meaning of "non-reviewable" in relation to
certain decisions
If a provision of this Act provides that a decision is a
non-reviewable decision, no court or administrative review body
has the jurisdiction or power to entertain any question as to the validity or
correctness of the decision.
6—Insertion of
heading to Part 3 Division 1 Subdivision 1
Part 3 Division 1—before section 5 insert:
Subdivision 1—Imposition of
levy
7—Amendment of
section 5—Land that is subject to levy
(1) Section 5(1)—delete "Minister" and substitute:
Commissioner
(2) Section 5(2a)(c)—delete "Local Government Act 1934"
and substitute:
8—Amendment of
section 5A—Application for aggregation of non contiguous
land
(1) Section 5A—delete "Minister" wherever occurring and substitute
in each case:
Commissioner
(2) Section 5A—delete "Minister's" wherever occurring and substitute
in each case:
Commissioner's
(3) Section 5A(2)(b)—delete "(an application in respect of the
1999/2000 financial year must be received on or before 30 November
1999)"
9—Amendment of
section 8—Land uses
Section 8(5), definition of the Local Government
Regulations—delete the definition and substitute:
Local Government Regulations means the Local Government
(General) Regulations 1999;
10—Amendment of
section 12—Commissioner to keep assessment book
Section 12—delete "Minister" wherever occurring and substitute in
each case:
Commissioner
11—Amendment of
section 13—Alterations to assessment book
Section 13—delete "Minister" wherever occurring and substitute in
each case:
Commissioner
12—Amendment of
section 15—Liability for levy
Section 15(1)—delete "Minister" and substitute:
Commissioner
13—Amendment of
section 16—Notice of levy
(1) Section 16—delete "Minister" wherever occurring and substitute
in each case:
Commissioner
(2) Section 16(2)—after paragraph (d) insert:
(da) if the person liable to pay the levy is also liable to pay interest
or a penalty levy under Subdivision 3—the amount of the interest or
penalty levy; and
Section 17—delete the section and substitute:
17—Refund resulting from
assessment
If the result of an assessment of a person's liability to pay a levy or
other amount under this Division is that the person has made an overpayment, the
Commissioner must, subject to Subdivision 2, refund the amount
overpaid.
17A—Cancellation of assessment
If the Commissioner is satisfied that—
(a) an assessment of a person's liability to pay a levy or other amount
under this Division has been made in error; and
(b) no amount has been paid as required under the assessment,
the Commissioner may cancel the assessment.
17B—Payment of levy into Fund
(1) Subject to subsection (2), the Commissioner must pay money
received in payment of the levy, a penalty levy or interest under this Division
into the Fund.
(2) Money received in payment of the levy, a penalty levy or interest may,
instead of being paid into the Fund, be applied towards payment of any refund
required to be paid under this Division.
Subdivision 2—Refunds
17C—Right to apply for refund
(1) A person may make application for a refund of an amount that has been
overpaid by the person under this Division.
(2) An application for a refund cannot be made under this section more
than 5 years after the person made the payment to the Commissioner in respect of
which the refund is sought.
(3) A determination under this section as to whether there has been an
overpayment, or as to the amount of an overpayment, is to be made in accordance
with the legal interpretations and assessment practices generally applied by the
Commissioner in relation to matters of the kind in question at the time the
person made the payment in respect of which the refund is sought except to the
extent that any departure from those interpretations and practices is required
by legislative change made after the payment.
(4) If the result of determination of an application under this section is
that the applicant has made an overpayment, the Commissioner must, subject to
the other provisions of this Subdivision, refund the amount overpaid.
17D—Form of application for
refund
An application for a refund must be made to the Commissioner in a form
approved by the Commissioner.
17E—Commissioner may refuse to determine
application until information etc provided
(1) If the Commissioner has, under Subdivision 5, made a requirement of an
applicant for a refund for the purposes of determining the application, the
Commissioner may refuse to determine the application until the applicant
complies with the requirement.
(2) A refusal under subsection (1) is a non-reviewable
decision.
17F—Offset of refund against other
liability
(1) The Commissioner may apply the whole or part of an amount that would
otherwise be required to be refunded to meet any amount payable by the applicant
under this Division.
(2) The whole or part of an amount that would otherwise be required to be
refunded may be credited towards a person's future liability under this
Division, but only with the person's consent.
(3) A decision under this section is a non-reviewable decision.
17G—Windfalls—refusal of
refund
(1) The Commissioner may refuse to make a refund if—
(a) the amount of the levy, penalty levy or interest to be refunded has
been passed on to another person; and
(b) the applicant has not reimbursed that other person in an amount
equivalent to the amount passed on to that other person.
(2) A decision under subsection (1) is a non-reviewable
decision.
Subdivision 3—Interest and penalty
levy
17H—Definition for Subdivision
In this Subdivision—
deliberate default means a default to which this Subdivision
applies that wholly or partly consists of or results from a deliberate act or
omission by the person liable to pay the levy or a person acting on his or her
behalf and includes a default to which this Subdivision applies where the person
liable to pay the levy, or a person acting on his or her behalf, deliberately
failed to provide information to the Commissioner, or deliberately misinformed
or misled the Commissioner, in relation to the person's liability to pay the
levy in contravention of this Act.
17I—Defaults to which Subdivision
applies
This Subdivision applies to a default consisting of a failure by a person
to pay, in accordance with this Act, the whole or part of a levy that the person
is liable to pay under this Division.
17J—Interest
(1) If—
(a) a default to which this Subdivision applies occurs; or
(b) a person fails to pay, in accordance with this Act, the whole or part
of a penalty levy payable in respect of a default to which this Subdivision
applies,
the person in default is liable to pay interest on the amount of the levy
or penalty levy unpaid at the interest rate from time to time applying under
this section.
(2) Interest is not payable under subsection (1) in respect of a
failure to pay interest under this section.
(3) Subject to subsection (4), interest accrues on a daily
basis—
(a) on the amount of a levy unpaid—from the date stated for payment
of the levy in the notice under section 16; and
(b) on the amount of a penalty levy unpaid—from the date stated for
payment of the penalty levy in the notice under section 17M.
(4) If the amount of interest payable for the time being would, apart from
this subsection, be less than $20, no interest is payable.
(5) If judgment is given by or entered in a court for an amount that
represents or includes the whole or part of an unpaid levy or an unpaid penalty
levy, the interest rate applying under this section continues to apply in
relation to the amount of the levy or penalty levy unpaid, while it remains
unpaid, to the exclusion of any other interest rate.
(6) The Commissioner may, at the Commissioner's discretion, remit interest
otherwise payable by any amount.
(7) A decision under subsection (6) is a non-reviewable
decision.
(8) The interest rate that applies under this section is the sum
of—
(a) the market rate (within the meaning of section 26 of the
Taxation Administration Act 1996); and
(b) 8% per annum.
17K—Penalty levy
(1) If a default to which this Subdivision applies occurs, the person in
default is liable to pay a penalty levy in addition to the amount of the unpaid
levy.
(2) However, if the Commissioner is satisfied that the default was not a
deliberate default and did not result, wholly or partly, from a failure by the
person, or a person acting on his or her behalf, to take reasonable care to
comply with the requirements of this Act, a penalty levy is not
payable.
(3) If the amount of a penalty levy payable in respect of the default
would, apart from this subsection, be less than $20, no penalty levy is payable
in respect of the default.
(4) The Commissioner may, at the Commissioner's discretion, remit a
penalty levy otherwise payable by any amount.
(5) A decision under subsection (4) is a non-reviewable
decision.
(6) A penalty levy imposed under this Subdivision is in addition to
interest.
17L—Amount of penalty levy
The amount of a penalty levy payable in respect of a default to which this
Subdivision applies is—
(a) in the case of a deliberate default—75% of the amount of the
levy unpaid; or
(b) in any other case—25% of the amount of the levy
unpaid.
17M—Notification of penalty levy and interest and
time for payment
(1) The Commissioner must serve notice of any interest accrued and penalty
levy payable in respect of a default to which this Subdivision applies on the
person liable to pay the interest or penalty levy.
(2) A penalty levy must be paid by the person within the period specified
for that purpose in the notice under subsection (1).
(3) If the person fails to pay the whole or a part of a penalty levy
within the specified period, the Commissioner may serve on the person notice of
any interest accrued in respect of the failure.
Subdivision 4—Collection of
levy
17N—Definition for Subdivision
In this Subdivision—
levy includes—
(a) a penalty levy; and
(b) interest in relation to the levy or a penalty levy.
17O—Recovery of levy as debt
The Commissioner may recover the amount of an unpaid levy as a debt from
the person liable to pay the amount under this Division.
17P—Joint and several
liability
(1) If 2 or more persons are jointly or severally liable to pay a levy
under this Division, the Commissioner may recover the whole of the levy from
them, or any of them, or any 1 of them.
(2) Nothing in this Act prevents a person who—
(a) is jointly or severally liable to pay an amount under this Division;
and
(b) pays the amount to the Commissioner,
from recovering a contribution from another person who is liable to pay the
whole or part of that amount.
17Q—Collection of levy from third
parties
(1) The Commissioner may require any of the following persons instead of
the person in default to pay a levy that is payable under this Division but
remains unpaid (including a judgment debt and costs in respect of such an
amount):
(a) a person from whom money is due or accruing or may become due to the
person in default;
(b) a person who holds or may subsequently hold money for or on account of
the person in default;
(c) a person who holds or may subsequently hold money on account of some
other person for payment to the person in default;
(d) a person having authority from some other person to pay money to the
person in default.
(2) The Commissioner's requirement is to be made by written notice served
on the person.
(3) A copy of the notice must also be served on the person in
default.
(4) The amount that the person is required by the notice to pay to the
Commissioner is so much of the money referred to in subsection (1) as is
sufficient to pay the levy remaining unpaid, or, if the money is insufficient,
all of it.
(5) The money must be paid to the Commissioner on receipt of the notice,
or when the money is held by the person, or after such period (if any) as may be
specified by the Commissioner, whichever is the later or latest.
(6) A person subject to a requirement of the Commissioner under this
section must comply with the requirement.
Maximum penalty: $10 000.
(7) A person who makes a payment in accordance with this section is to be
taken to be acting under the authority of the person in default and of all other
persons concerned and is entitled to indemnity from the person in default in
respect of the payment.
(8) If, after a person is given a notice under this section by the
Commissioner, the whole or a part of the amount that the person is required by
the notice to pay to the Commissioner is paid by another person, the
Commissioner must, by written notice, advise the person of the payment and
cancel the prior notice or amend it accordingly.
(9) An amount that is required to be paid by a person under this section
but remains unpaid may be recovered by the Commissioner from the person as a
debt.
17R—Duties of agents, trustees
etc
(1) If—
(a) a person has possession, control or management of a business or
property of another person as an agent or trustee or in any other capacity;
and
(b) obligations under this Division (whether as to the payment of a levy
or otherwise) remain undischarged by the other person or will arise in relation
to the business or property,
the following provisions apply:
(c) the person must, as soon as and so far as is practicable, ensure that
the obligations of the other person under this Division that remain undischarged
are discharged;
(d) the person must, as soon as and so far as is practicable, ensure that
all further obligations that arise under this Division in relation to the
business or property are discharged while the person continues to have
possession, control or management of the business or property;
(e) for those purposes the person must set aside (and, so far as
necessary, liquidate) assets of the other person (or the other person's estate)
to the value of any levy that has become or becomes payable and employ those
assets in payment of the levy;
(f) if the person fails, without the Commissioner's written permission, to
set aside, liquidate and employ sufficient assets for that purpose, the
Commissioner may recover from the person as a debt the whole or a part of an
amount that is assessed as being payable under this Division in relation to the
business or property and remains unpaid, but the person will not otherwise be
personally liable for the payment of the levy;
(g) the person is entitled to be indemnified by the other person (or out
of the other person's estate) in respect of payments made or action taken under
this section;
(h) nothing prevents the making of a payment to the person out of the
assets, in priority to a levy, of any reasonable remuneration, charges and
expenses to which the person would, apart from this section, be entitled in
respect of the performance of the person's functions.
(2) A person who contravenes a provision of subsection (1) is guilty
of an offence.
Maximum penalty: $10 000.
15—Amendment of
section 18—Levy first charge on land
Section 18(1)—delete "and unpaid interest in relation to the levy
are" and substitute:
is
Section 19—delete the section
17—Amendment of
section 20—Sale of land for non-payment of levy
(1) Section 20—delete "Minister" wherever occurring and substitute
in each case:
Commissioner
(2) Section 20(1)—delete ", or interest in relation to a
levy,"
18—Amendment of
section 21—Recovery of levy not affected by objection, review or
appeal
(1) Section 21(1)—delete "Minister" and substitute:
Commissioner
(2) Section 21(2)(c)—delete paragraph (c) and substitute:
(c) interest accrues on a daily basis on an amount to be refunded under
paragraph (a) from the day on which the levy to which the objection, review or
appeal relates was assessed as being payable or from the day on which the levy
was paid, whichever is the later, until the day the amount is refunded or
otherwise applied;
(d) interest accrues on an unpaid amount referred to in paragraph (b) from
the expiration of 30 days from the day on which notification of the alteration
or decision referred to in paragraph (b) was given to the person who initiated
the objection, review or appeal until the day the amount is paid;
(e) the interest rates that apply under this subsection
are—
(a) for the purposes of paragraph (c)—the market rate (within the
meaning of section 26 of the Taxation Administration Act 1996);
and
(b) for the purposes of paragraph (d)—the interest rate applying for
the time being under section 17J.
Section 22—delete the section and substitute:
22—Arrangements for payment of
levy
(1) The Commissioner may extend the time for payment of a levy and may
accept the payment of a levy by instalments.
(2) A decision of the Commissioner under this section may be made subject
to conditions (for example, as to the payment of interest) determined by the
Commissioner.
22A—Decisions non-reviewable
A decision under this Subdivision is a non-reviewable decision.
22B—No statute of limitation to
apply
No statute of limitation bars or affects any action or remedy for recovery
by the Commissioner of an amount assessed as being payable under this
Division.
Subdivision 5—Investigation
22C—Power to require information, instruments or
records or attendance for examination
(1) The Commissioner may, for a purpose related to the administration or
enforcement of this Division, by written notice served on a person, require the
person—
(a) to provide to the Commissioner (either orally or in writing)
information that is described in the notice; or
(b) to attend and give evidence before the Commissioner or an authorised
officer; or
(c) to produce to the Commissioner an instrument or record in the person's
custody or control that is described in the notice.
(2) The Commissioner must, if the requirement is made of a person to
determine that person's liability to pay a levy under this Division, indicate in
the notice that the requirement is made for that purpose, but the Commissioner
is not otherwise required to identify a person in relation to whom information,
evidence, instrument or record is required under this section.
(3) The Commissioner may require that information or evidence be provided
or given under this section on oath, or in the form of, or verified by, a
statutory declaration.
(4) If a person, without reasonable excuse, refuses or
fails—
(a) to comply with the requirements of a notice under this section within
the period specified in the notice or a further period allowed by the
Commissioner; or
(b) to comply with any other requirement of the Commissioner as to the
giving of evidence or the manner in which information or evidence is to be
provided or given under this section,
the person is guilty of an offence.
Maximum penalty: $10 000.
(5) A requirement under this section is a non-reviewable
decision.
22D—Powers of entry and
inspection
(1) An authorised officer may, for a purpose related to the administration
or enforcement of this Division—
(a) enter and remain on premises; and
(b) require any person on the premises to answer questions or otherwise
furnish information; and
(c) require any person on the premises to produce any instrument or record
in the person's custody or control (including a written record that reproduces
in an understandable form information stored by computer, microfilm or other
means or process); and
(d) require the owner or occupier of the premises to provide the
authorised officer with such assistance and facilities as is or are reasonably
necessary to enable the authorised officer to exercise powers under this
Subdivision; and
(e) seize and remove any instrument or record on behalf of the
Commissioner.
(2) Entry may be made at any reasonable time.
(3) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise powers under this section,
produce the officer's identity card for the inspection of the person.
22E—Use and inspection of instruments or records
produced or seized
(1) This section applies to an instrument or record that has been produced
to the Commissioner or seized and removed by an authorised officer.
(2) An instrument or record to which this section applies may be retained
for the purpose of enabling the instrument or record to be inspected and
enabling copies of, or extracts or notes from, the instrument or record to be
made or taken by or on behalf of the Commissioner.
(3) However, if the instrument or record is required by the Commissioner
as evidence for the purposes of legal proceedings, the instrument or record may
be retained until the proceedings are finally determined.
(4) The Commissioner must permit a person who would be entitled to inspect
the instrument or record if it were not in the possession of the Commissioner to
inspect the instrument or record at any reasonable time.
(5) Nothing in this section prejudices a lien a person has on the
instrument or record.
(6) A decision under subsection (2) or (3) is a non-reviewable
decision.
22F—Self-incrimination
(1) A person is not excused from answering a question, providing
information or producing an instrument or record, when required to do so under
this Subdivision, on the ground that to do so might tend to incriminate the
person or make the person liable to a penalty.
(2) However, if the person objects to answering the question, providing
the information or producing the instrument or record on that ground, the
answer, information, instrument or record is not admissible against the person
in criminal proceedings other than—
(a) proceedings for an offence with respect to false or misleading
statements, information or records; or
(b) proceedings for an offence in the nature of perjury.
22G—Hindering or obstructing authorised officers
etc
(1) A person who—
(a) hinders or obstructs an authorised officer in the exercise of a power
under this Subdivision; or
(b) without reasonable excuse, refuses or fails to comply with a
requirement of an authorised officer under this Subdivision,
is guilty of an offence.
Maximum penalty: $10 000.
(2) A person is not guilty of an offence under this section arising from
the entry of an authorised officer onto premises unless it is established that,
at the material time, the authorised officer—
(a) identified himself or herself as an authorised officer; and
(b) warned the person that a refusal or failure to comply with the
requirement constituted an offence.
Subdivision 6—Secrecy
22H—Relevant persons
In this Subdivision—
relevant person means a person who is or has been engaged
(whether as an officer or employee or otherwise) in the administration or
enforcement of this Division.
22I—Prohibition of certain disclosures by relevant
persons
A relevant person must not disclose information obtained under or in
relation to the administration or enforcement of this Division, except as
permitted by this Subdivision.
Maximum penalty: $10 000.
22J—Permitted disclosure in particular
circumstances or to particular persons
A relevant person may disclose information obtained under or in relation to
the administration or enforcement of this Division—
(a) with the consent of the person to whom the information relates or at
the request of a person acting on behalf of the person to whom the information
relates; or
(b) in connection with the administration or enforcement of this Division,
a taxation law (within the meaning of the Taxation Administration
Act 1996), the Petroleum Products Regulation Act 1995, the
First Home Owner Grant Act 2000 or a law of another Australian
jurisdiction relating to taxation; or
(c) for the purposes of legal proceedings under a law referred to in
paragraph (b) or reports of such proceedings; or
(d) to the holder of an office or a body prescribed for the purposes of
section 78(d) of the Taxation Administration Act 1996.
22K—Permitted disclosures of general
nature
The Commissioner may disclose information obtained under or in relation to
the administration or enforcement of this Division that does not directly or
indirectly identify a particular person.
22L—Prohibition of disclosures by other
persons
A person other than a relevant person must not disclose information
that—
(a) has been obtained (whether properly or improperly and whether directly
or indirectly) from a relevant person; and
(b) the relevant person obtained under or in relation to this
Division,
unless—
(c) the disclosure is of a kind that a person engaged (whether as an
officer or employee or otherwise) in the administration or enforcement of this
Act would be permitted to make under this Subdivision; or
(d) if the person is the holder of an office or a body prescribed for the
purposes of section 78(d) of the Taxation Administration
Act 1996—the disclosure is made in connection with the
performance of functions conferred or imposed on the person under a law of this
jurisdiction or another Australian jurisdiction (including for the purposes of
legal proceedings connected with the performance of such functions);
or
(e) the disclosure is made with the consent of the Commissioner.
Maximum penalty: $10 000.
22M—Restriction on power of courts to require
disclosure
A court does not have power to require a disclosure of information contrary
to this Subdivision.
20—Amendment of
section 27—Payment of levy into Fund
(1) Section 27—delete "The Registrar" and substitute:
Subject to subsection (2), the Registrar
(2) Section 27—after "the levy" insert:
under this Division
(3) Section 27—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) Money received in payment of the levy may, instead of being paid into
the Fund, be applied towards payment of any refund required to be paid under
this Division.
Section 31—delete the section and substitute:
31—Delegation
(1) The Minister or the Commissioner may delegate a power, function or
duty vested in or conferred on the Minister or the Commissioner (as the case may
be) under this Act—
(a) to a particular person or body; or
(b) to the person for the time being occupying a particular office or
position.
(2) A power, function or duty delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(3) A delegation—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will by the delegator.
31A—Evidence
Section 115 of the Taxation Administration Act 1996 applies for
the purposes of this Act as if—
(a) this Act were a taxation law for the purposes of that Act;
and
(b) an assessment under this Act of a person's liability to pay a levy
(including interest and a penalty levy under Part 3 Division 1) were an
assessment by the Commissioner under that Act of the tax liability of a person;
and
(c) a reference in that section to the Commissioner included a reference
to the Minister.
22—Amendment of
section 32—Service of notices
(1) Section 32(1)—after "Minister" first occurring insert:
or the Commissioner
(2) Section 32(1)(a)—delete "for the Minister at his or her office"
and substitute:
at the office of the Minister or the Commissioner (as required)
(3) Section 32(1)(b)—delete "Minister at his or her office" and
substitute:
office of the Minister or the Commissioner (as required)
23—Amendment of
section 33A—Recouping money lost on aggregation of non contiguous
land
Section 33A(1)—delete "Minister" and substitute:
Commissioner
Part 3—Amendment
of Land Tax
Act 1936
24—Amendment of
section 11—Minimum tax
Section 11—delete "$10" and substitute:
$20
Part 4—Amendment
of Pay-roll Tax
Act 1971
25—Amendment of
section 9 —Imposition of pay-roll tax on taxable
wages
Section 9(1)(a) to (e)—delete paragraphs (a) to (e)
(inclusive)
26—Amendment of
section 11A—Deduction from taxable wages
Section 11A(1), definition of prescribed amount,
(a)—delete paragraph (a) and substitute:
(a) where the return period is a period of 1 month—means
$42 000;
27—Amendment of
section 12—Exemptions
(1) Section 12(1)(cb)—delete "Family Planning Association of South
Australia Incorporated" and substitute:
Sexual Health Information Networking and Education SA
Incorporated
(2) Section 12(1)(daa) and (dab)—delete paragraphs (daa) and
(dab)
(3) Section 12(1)(j)—delete "Australian-American Educational
Foundation" and substitute:
Australian-American Fulbright Commission
28—Amendment of
section 13A—Meaning of prescribed amount
(1) Section 13A(1), definition of financial
year—delete the definition and substitute:
financial year means any financial year commencing on or
after 1 July 1995;
(2) Section 13A(2)(a) and (b)—delete paragraphs (a) and
(b)
29—Amendment of
section 18K—Interpretation
(1) Section 18K(1), definition of financial
year—delete the definition and substitute:
financial year means any financial year commencing on or
after 1 July 1995.
(2) Section 18K(2)(a) and (b)—delete paragraphs (a) and
(b)
Part 5—Amendment
of Stamp Duties
Act 1923
30—Amendment of
section 2—Interpretation
(1) Section 2(1), definition of adhesive stamp—delete
the definition
(2) Section 2(1), definition of Australian market
licensee—delete the definition
(3) Section 2(1), definition of CUFS—delete the
definition
(4) Section 2(1), definition of financial product, (d) and
(e)—delete paragraphs (d) and (e)
(5) Section 2(1), definition of stamp—delete "an
adhesive stamp or"
(6) Section 2(1), definition of stamped—delete"or
having an adhesive stamp affixed"
31—Amendment of
section 6—Denotation of duty
Section 6(2)—delete subsection (2)
32—Amendment of
section 11—Appropriate stamp to be used
Section 11(3)—delete subsection (3)
Section 12—delete the section
34—Amendment of
section 20—Time for payment of duty and stamping
Section 20(5)—delete subsection (5) and substitute:
(5) Subsection (4) does not apply in relation to an instrument that has
been duly stamped in some other manner authorised by this Act within the
relevant period.
Section 29—delete the section
36—Amendment of
section 60B—Refund of duty where transaction is rescinded or
annulled
Section 60B(2)—delete subsection (2)
37—Amendment of
section 71—Instruments chargeable as conveyances
Section 71(11)—delete "or, as the case may require, in respect of a
return lodged pursuant to section 90D"
Section 81A—delete the section
Part 3A—delete the Part and substitute:
Part 3A—Special provisions relating to financial
products
83—Interpretation
In this Part, unless the contrary intention appears—
exempt transaction means a conveyance (including a sale or
purchase) of a quoted financial product made after
30 June 2001;
foreign company has the same meaning as is assigned to the
term by section 9 of the Corporations Act 2001 of the
Commonwealth;
quoted financial product means a financial product that is
quoted on a recognised financial market (see section 2);
relevant company means—
(a) a South Australian registered company; or
(b) a foreign company with a registered office under the Corporations
Act 2001 of the Commonwealth that is situated in this State;
South Australian registered company means a company
incorporated or taken to be incorporated under the Corporations
Act 2001 of the Commonwealth that is taken to be registered in South
Australia for the purposes of that Act.
84—Share buy-back
(1) An instrument under which a shareholder transfers or divests shares to
give effect to a transaction under which a company buys back its own shares is a
conveyance of the shares.
(2) This section—
(a) applies to an instrument whether created or executed before or after
the commencement of this section; and
(b) applies whether the transfer or divestiture of shares occurred before,
or occurs after, the commencement of this section; but
(c) does not apply in relation to redeemable preference shares unless they
are bought back on terms other than those on which they were on issue.
85—Exempt transactions
No duty is payable under this Act in relation to an exempt
transaction.
86—Financial products liable to
duty
(1) This section applies to a conveyance or conveyance on sale of a
financial product only where—
(a) the financial product is—
(i) a financial product of a company that, under the Corporations
Act 2001 of the Commonwealth, is taken to be registered in the State;
or
(ii) a financial product of a foreign company; or
(iii) a unit of a unit trust scheme; and
(b) the conveyance is not an exempt transaction.
(2) Subject to section 87, a conveyance or conveyance on sale of a
financial product to which this section applies is only liable to duty if the
financial product is—
(a) a financial product of a relevant company; or
(b) a unit of a unit trust scheme the principal register of which is
situated in this State; or
(c) a unit of a unit trust scheme in relation to which no register exists
in Australia and—
(i) having as the manager of the scheme a relevant company or a natural
person principally resident in this State; or
(ii) not having a manager but with a trustee that is a relevant company or
a natural person principally resident in this State.
87—Proclaimed countries
(1) No duty is payable under this Act in respect of a conveyance or
conveyance on sale of a financial product that is registered on a register kept
within a proclaimed country.
(2) The Governor may, by proclamation, declare any country to be a
proclaimed country for the purposes of this section and may, by subsequent
proclamation, vary or revoke any such proclamation.
(3) This section does not operate to exempt a transaction from duty under
Part 4.
88—Transfer of financial products not to be
registered unless duly stamped
(1) A transfer of a financial product to which section 86 applies
must not be registered by the corporation, company or society by which the
financial product was issued—
(a) unless a proper instrument of transfer has been delivered to the
corporation, company or society in which, in the case of a transfer by way of
sale, the consideration for the financial product is expressed in terms of money
and the actual date of sale and the date or dates of execution by the transferor
and transferee are set out; and
(b) unless the instrument is duly stamped under this Act or is, under
subsection (3), taken to have been duly stamped.
(2) Despite any other provision of this Act, if financial products are
transferred pursuant to a takeover scheme, the Commissioner may, if the
Commissioner thinks it expedient to do so, on payment of the duty payable in
respect of the instruments of transfer, denote payment of the duty on a
statement in the approved form.
(3) If payment of duty is denoted on a statement pursuant to
subsection (2), each instrument of transfer to which the statement relates
will be taken to have been duly stamped.
(4) After a transfer of a financial product has been registered by a
corporation, company or society in this State, the instrument of transfer must
be retained in this State by the corporation, company or society for a period of
not less than 5 years.
(5) If a corporation, company or society contravenes or fails to comply
with any of the provisions of this section, the corporation, company or society
is guilty of an offence.
Maximum penalty: $10 000.
(6) The right or title of a transferee or subsequent holder of a financial
product is not invalidated by reason only that the transfer of the financial
product was registered by a corporation, company or society in contravention of
the provisions of this section.
40—Amendment of
section 106—Spoiled or unused stamps
Section 106—after subsection (2) insert:
(3) In this section—
stamp includes an adhesive stamp purchased or otherwise
obtained from the Commissioner or a distributor of stamps under this Act before
the commencement of Part 5 of the Statutes Amendment and Repeal (Taxation
Administration) Act 2008;
stamped includes having an adhesive stamp affixed before the
commencement of Part 5 of the Statutes Amendment and Repeal (Taxation
Administration) Act 2008.
Section 106A—delete the section
Section 109—delete the section
43—Amendment of
section 112—Regulations
(1) Section 112(1) to (4)—delete subsections (1) to (4) (inclusive)
and substitute:
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Section 112(5)—delete "subsection (4)" and substitute:
subsection (1)
(3) Section 112(5)—after paragraph (c) insert:
(ca) prescribe fines, not exceeding $2 000, for offences against the
regulations; and
(4) Section 112(5)—redesignate the subsection as subsection
(2)
44—Amendment of
Schedule 2—Stamp duties and exemptions
(1) Schedule 2, Part 1, clause 2(2), exemption 5A—delete the
exemption
(2) Schedule 2, Part 1, clause 2(4), exemption 3A—delete the
exemption
(3) Schedule 2, Part 1, clause 3(1)(a)—delete paragraph (a) and
substitute:
(a) |
in the case of the sale of a financial product that is not quoted on a
recognised financial market—for every $100 and any fractional part of $100
of the value of the financial product |
$0.60 |
(4) Schedule 2, Part 1, clause 3(2), exemption 3—delete the
exemption
(5) Schedule 2, Part 1, clause 3(2), exemption 4—delete
"Industrial and Employee Relations Act 1994" and substitute:
(6) Schedule 2, Part 1, clause 3(2), exemption 5—delete "Part IX of
the Industrial Relations Act 1988" and substitute:
Schedule 1 of the Workplace Relations Act 1996
(7) Schedule 2, Part 1, clause 4(1)(a) and (aa)—delete paragraphs
(a) and (aa) and substitute:
(a) |
in the case of the disposition of a financial product that is not quoted on
a recognised financial market—for every $100 and any fractional part of
$100 of the value of the financial product |
$0.60 |
(8) Schedule 2, Part 1, clause 4(2), exemption 3—delete the
exemption
(9) Schedule 2, Part 1, clause 4(2), exemption 4—delete
"Industrial and Employee Relations Act 1994" and substitute:
(10) Schedule 2, Part 1, clause 4(2), exemption 5—delete "Part IX of
the Industrial Relations Act 1988" and substitute:
Schedule 1 of the Workplace Relations Act 1996
(11) Schedule 2, Part 1, clauses 14 and 15—delete the
clauses
(12) Schedule 2, Part 2, clause 16, exemptions 13C and 14—delete the
exemptions
(13) Schedule 2, Part 2, clause 16, exemption 20A—delete the
exemption
(14) Schedule 2, Part 2, clause 16, exemption 22—delete the
exemption
(15) Schedule 2, Part 2, clause 16, exemptions 24 to 24A
(inclusive)—delete the exemptions
(16) Schedule 2, Part 2, clause 16, exemptions 24C and 24D—delete
the exemptions
Part 6—Amendment
of Taxation Administration
Act 1996
45—Amendment of
section 3—Interpretation
(1) Section 3—after the definition of Commissioner
insert:
corresponding Commissioner, in relation to a recognised
jurisdiction in which a corresponding law is in force, means the person
responsible for administering the corresponding law or a person holding a
position in the administration of that corresponding law which corresponds to
the position of the Commissioner of State Taxation;
corresponding law means a law of a recognised jurisdiction
that—
(a) corresponds to a taxation law; or
(b) is declared by the Governor under subsection (2) to be a law
corresponding to a taxation law;
(2) Section 3—after the definition of premises
insert:
recognised jurisdiction means the Commonwealth, another State
or a Territory;
(3) Section 3—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) The Governor may, by proclamation—
(a) declare a law of a recognised jurisdiction to be a law corresponding
to a taxation law; and
(b) vary or revoke a proclamation made under this section.
46—Amendment of
section 26—Interest rate
Section 26(2)(a)—delete paragraph (a) and substitute:
(a) unless an order is in force under paragraph (b), in relation to
interest accruing at any time during a particular financial year, the average
rate of the daily 90-day Bank Accepted Bill Rate prescribed by the Reserve Bank
of Australia for the month of May preceding the financial year (rounding up
0.005 to 2 decimal places); or
47—Amendment of
section 63—Commissioner may perform functions under laws of other
jurisdictions
Section 63—after its present contents (now to be designated as
subsection (1)) insert:
(2) The Commissioner may perform functions on behalf of a corresponding
Commissioner—see Division 2A.
48—Amendment of
section 66—Delegation by Commissioner
Section 66—after subsection (3) insert:
(4) Without limiting a preceding subsection—
(a) the Commissioner may delegate any of the Commissioner's powers or
functions under this Act to a corresponding Commissioner for the purposes of a
corresponding law; and
(b) a corresponding Commissioner may make a further delegation if the
instrument of delegation so provides.
Section 69—delete the section
50—Insertion of
Part 9 Division 2A
After section 76 insert:
Division 2A—Investigations under other
laws
76A—Investigations for the purposes of
corresponding laws
(1) The Commissioner may, by agreement with a corresponding Commissioner
of a recognised jurisdiction—
(a) authorise the corresponding Commissioner to perform or exercise a
function or power under Division 2 for the purposes of a corresponding law in
force in that jurisdiction; or
(b) perform or exercise a function or power under Division 2 on behalf of
a corresponding Commissioner for the purposes of a corresponding law in force in
that jurisdiction.
(2) For the purposes of performing or exercising a function or power under
Division 2 for the purposes of a corresponding law—
(a) a reference in this Part to a taxation law is to be read as a
reference to the corresponding law; and
(b) a reference in this Part to a tax liability is to be read as a
reference to a tax liability under the corresponding law; and
(c) a reference in this Part to tax is to be read as a reference to tax
payable under the corresponding law; and
(d) a reference in this Part to a liability to tax is to be read as a
reference to a liability to tax under the corresponding law.
(3) If the Commissioner authorises a corresponding Commissioner of a
recognised jurisdiction to perform or exercise a function or power under
Division 2—
(a) a reference in this Part to the Commissioner is to be read as a
reference to the corresponding Commissioner; and
(b) a reference in this Part to an authorised officer is to be read as a
reference to a person authorised to perform or exercise the function or power
under a corresponding law in force in a recognised jurisdiction; and
(c) a reference in this Part to an authorised officer's identity card, in
relation to a person authorised to perform or exercise the function or power
under a corresponding law in force in the recognised jurisdiction, is to be read
as a reference to an identification card or certificate issued to the person
under a corresponding law.
76B—Investigations in other jurisdictions for the
purposes of taxation laws
(1) The Commissioner may—
(a) enter into an agreement or arrangement with a corresponding
Commissioner of a recognised jurisdiction to enable the performance or exercise,
by or on behalf of the Commissioner, of investigative functions and powers
conferred under a corresponding law for the purposes of a taxation law;
and
(b) authorise any person who is authorised to perform or exercise a
function or power under Division 2 to perform or exercise such investigative
functions or powers as may be conferred on the person by a corresponding law for
the purposes of a taxation law.
(2) In this section, an investigative function or power includes any
function or power that corresponds to a function or power under Division
2.
76C—Instrument of delegation to be
produced
A person exercising a power under this Division under delegation must, if
requested to do so, produce to a person in relation to whom he or she proposes
to exercise the power, a copy of the instrument of delegation.
Before section 77 insert:
76D—Application of Division to corresponding
laws
A reference in this Division to a taxation law will be taken
to include a reference to a corresponding law.
52—Amendment of
section 78—Permitted disclosure in particular circumstances or to
particular persons
(1) Section 78(b)—delete "the Taxation (Reciprocal Powers)
Act 1989,"
(2) Section 78(b)—delete ", the Tobacco Products Regulation
Act 1997"
(3) Section 78(b)—delete "another Australian" and
substitute:
a recognised
(4) Section 78(d)—delete "another Australian" and
substitute:
a recognised
53—Amendment of
section 80—Prohibition of disclosure by other person
Section 80(d)—delete "a prescribed office holder or body under a law
of this jurisdiction or another Australian jurisdiction" and
substitute:
the holder of an office or a body prescribed for the purposes of section
78(d)
Part 7—Repeal of
Taxation (Reciprocal Powers)
Act 1989
The Taxation (Reciprocal Powers) Act 1989 is
repealed.