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JOBS PACKAGE (MISCELLANEOUS AMENDMENTS) BILL 2013 BILL 1 OF 2013

                                    TASMANIA

                                     __________


                  JOBS PACKAGE (MISCELLANEOUS
                      AMENDMENTS) BILL 2013
                                     __________

                                    CONTENTS
       PART 1 - PRELIMINARY
          1.     Short title
          2.     Commencement
          3.     Repeal of Act

       PART 2 - EMPLOYMENT INCENTIVE SCHEME (PAYROLL TAX
                 REBATE) ACT 2009 AMENDED
          4.     Principal Act
          5.     Section 4 amended (Establishment of scheme)
          6.     Section 7 amended (Repeal of Act)
          7.     Section 10 amended (Claim for rebate)

       PART 3 - FIRST HOME OWNER GRANT ACT 2000 AMENDED
          8.     Principal Act
          9.     Section 18 substituted
                   18.      Amount of grant
                   18A.     Conditions on increase of grant




[Bill 1]-VI

 


 

2

 


 

JOBS PACKAGE (MISCELLANEOUS AMENDMENTS) BILL 2013 (Brought in by the Minister for Finance, the Honourable Scott Bacon) A BILL FOR An Act to amend the Employment Incentive Scheme (Payroll Tax Rebate) Act 2009 and the First Home Owner Grant Act 2000 Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - PRELIMINARY 1. Short title This Act may be cited as the Jobs Package (Miscellaneous Amendments) Act 2013. 2. Commencement (1) Part 1 and Part 2 are taken to have commenced on 10 December 2012. (2) Part 3 is taken to have commenced on 1 January 2013. [Bill 1] 3

 


 

Jobs Package (Miscellaneous Amendments) Act 2013 Act No. of s. 3 Part 1 - Preliminary 3. Repeal of Act This Act is repealed on the three hundred and sixty fifth day from the day on which it receives the Royal Assent. 4

 


 

Jobs Package (Miscellaneous Amendments) Act 2013 Act No. of Part 2 - Employment Incentive Scheme (Payroll Tax Rebate) Act 2009 s. 4 Amended PART 2 - EMPLOYMENT INCENTIVE SCHEME (PAYROLL TAX REBATE) ACT 2009 AMENDED 4. Principal Act In this Part, the Employment Incentive Scheme (Payroll Tax Rebate) Act 2009* is referred to as the Principal Act. 5. Section 4 amended (Establishment of scheme) Section 4 of the Principal Act is amended by inserting after subsection (4) the following subsections: (5) The Crown is to establish a scheme for the payment of rebates equivalent to the payroll tax paid on new employment created between 10 December 2012 and 30 June 2014. (6) Rebates under the scheme referred to in subsection (5) may be paid in respect of wages paid before 1 July 2015. 6. Section 7 amended (Repeal of Act) Section 7 of the Principal Act is amended by omitting "1 January 2017" and substituting "1 January 2019". *No. 36 of 2009 5

 


 

Jobs Package (Miscellaneous Amendments) Act 2013 Act No. of s. 7 Part 2 - Employment Incentive Scheme (Payroll Tax Rebate) Act 2009 Amended 7. Section 10 amended (Claim for rebate) Section 10 of the Principal Act is amended by inserting after subsection (7A) the following subsection: (7B) A claim under a scheme established under section 4(5) may not be made after 31 December 2015. 6

 


 

Jobs Package (Miscellaneous Amendments) Act 2013 Act No. of Part 3 - First Home Owner Grant Act 2000 Amended s. 8 PART 3 - FIRST HOME OWNER GRANT ACT 2000 AMENDED 8. Principal Act In this Part, the First Home Owner Grant Act 2000* is referred to as the Principal Act. 9. Section 18 substituted Section 18 of the Principal Act is repealed and the following sections are substituted: 18. Amount of grant (1) The amount of a first home owner grant is the lesser of the following: (a) the consideration for the eligible transaction; (b) the amount specified in subsection (2). Note: Where the consideration is zero, a grant is not payable. (2) For subsection (1)(b) - (a) if the first home owner grant relates to an eligible transaction that satisfies section 18A, the amount is $15 000; or *No. 19 of 2000 7

 


 

Jobs Package (Miscellaneous Amendments) Act 2013 Act No. of s. 9 Part 3 - First Home Owner Grant Act 2000 Amended (b) if the first home owner grant relates to an eligible transaction that does not satisfy section 18A, the amount is $7 000. 18A. Conditions on increase of grant (1) In this section - commencement of building means the completion of the laying of the foundations for the building; contract for an off-the-plan purchase, in relation to a new home, means a contract for both - (a) the purchase of land, or an interest in land; and (b) the construction of a new home on that land; new home means - (a) a home that has not previously been occupied or sold as a place of residence; or (b) a home that - (i) under section 40.75(1)(b) of the A New Tax System (Goods and Services Tax) Act 1999 of the 8

 


 

Jobs Package (Miscellaneous Amendments) Act 2013 Act No. of Part 3 - First Home Owner Grant Act 2000 Amended s. 9 Commonwealth, would be considered new residential premises due to substantial renovations; and (ii) has not been occupied or sold as a place of residence since those substantial renovations were completed. (2) An eligible transaction satisfies this section if - (a) the commencement date of the eligible transaction is on or after 1 January 2013 but before 1 July 2014; and (b) where the eligible transaction is - (i) a comprehensive home building contract for a new home - (A) the commencement of building under the comprehensive home building contract occurs within 26 weeks 9

 


 

Jobs Package (Miscellaneous Amendments) Act 2013 Act No. of s. 9 Part 3 - First Home Owner Grant Act 2000 Amended of the date of the contract; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building under the comprehensive home building contract; or (ii) the building of a new home by an owner builder - (A) the commencement of building occurs on or after 1 January 2013 but before 30 June 2014; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the 10

 


 

Jobs Package (Miscellaneous Amendments) Act 2013 Act No. of Part 3 - First Home Owner Grant Act 2000 Amended s. 9 commencement of building; or (iii) a contract for an off-the- plan purchase of a new home - (A) the commencement of building occurs on or after 1 January 2013 but before 30 June 2014; and (B) the eligible transaction is completed in accordance with section 13(5) within 24 months after the commencement of building; or (iv) a contract for the purchase of a new home, the eligible transaction is completed in accordance with section 13(5). (3) Despite subsection (2), an eligible transaction does not satisfy this section if the Commissioner considers that the eligible transaction replaces a transaction, entered into before 11

 


 

Jobs Package (Miscellaneous Amendments) Act 2013 Act No. of s. 9 Part 3 - First Home Owner Grant Act 2000 Amended 1 January 2013, for the same property between substantially, or that benefits substantially, the same parties. (4) For the avoidance of doubt, a payment under this Act of $15 000 that - (a) was made in anticipation of Part 3 of the Jobs Package (Miscellaneous Amendments) Act 2013 receiving the Royal Assent; and (b) was made after 1 January 2013 but before Part 3 of the Jobs Package (Miscellaneous Amendments) Act 2013 received the Royal Assent - is taken to be a first home owner grant payment for the purposes of this Act. 12 Government Printer, Tasmania

 


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