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TASMANIA
__________
TREASURY MISCELLANEOUS (COST OF LIVING
AND AFFORDABLE HOUSING SUPPORT) BILL
2021
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
4. Section 46D amended (Eligible transaction)
5. Section 46M amended (Eligible transaction)
PART 3 - DUTIES ACT 2001 FURTHER AMENDED
6. Principal Act
7. Section 199 amended (Exemptions)
PART 4 - DUTIES ACT 2001 FURTHER FURTHER AMENDED
8. Principal Act
9. Section 221 amended (Motor accident premium certificates)
PART 5 - FIRST HOME OWNER GRANT ACT 2000 AMENDED
10. Principal Act
11. Section 18 amended (Amount of grant)
12. Section 18H amended (Conditions on increase in grant)
[Bill 12]-VI
13. Section 18I inserted
18I. Conditions on increase in grant
PART 6 - LAND TAX ACT 2000 AMENDED
14. Principal Act
15. Section 13 amended (Payment by instalments)
PART 7 - LAND TAX RATING ACT 2000 AMENDED
16. Principal Act
17. Schedule 1 substituted
SCHEDULE 1 - RATE OF LAND TAX
PART 8 - TAXATION ADMINISTRATION ACT 1997 AMENDED
18. Principal Act
19. Section 35 amended (Interest rate)
PART 9 - MISCELLANEOUS
20. Repeal of Act
2
TREASURY MISCELLANEOUS (COST OF LIVING
AND AFFORDABLE HOUSING SUPPORT) BILL
2021
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
24 June 2021
(Brought in by the Minister for Finance, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Duties Act 2001, the First Home
Owner Grant Act 2000, the Land Tax Act 2000, the Land
Tax Rating Act 2000 and the Taxation Administration Act
1997
Be it enacted by Her 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 Treasury
Miscellaneous (Cost of Living and Affordable
Housing Support) Act 2021.
[Bill 12] 3
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
s. 2 Part 1 - Preliminary
2. Commencement
(1) Except as provided in this section, the remaining
provisions of this Act are taken to have
commenced on 16 March 2021.
(2) Part 5 is taken to have commenced on
1 April 2021.
(3) Parts 3, 6, 7 and 8 are taken to have commenced
on 1 July 2021.
(4) Part 4 commences on a day to be proclaimed.
4
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
Part 2 - Duties Act 2001 Amended s. 3
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
4. Section 46D amended (Eligible transaction)
Section 46D(1)(d) of the Principal Act is
amended by omitting "$400 000" and
substituting "$500 000".
5. Section 46M amended (Eligible transaction)
Section 46M(c) of the Principal Act is amended
by omitting "$400 000" and substituting
"$500 000".
_______________________________________________________________
*No. 15 of 2001
5
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
s. 6 Part 3 - Duties Act 2001 Further Amended
PART 3 - DUTIES ACT 2001 FURTHER AMENDED
6. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
7. Section 199 amended (Exemptions)
Section 199(1) of the Principal Act is amended
by inserting after paragraph (da) the following
paragraph:
(db) an application to register a motor vehicle,
or a notice of change of beneficial
ownership of a motor vehicle, if -
(i) the motor vehicle -
(A) is a light vehicle, within
the meaning of the
Vehicle and Traffic Act
1999, other than a trailer,
motor cycle or
agricultural machine; and
(B) uses one or more electric
motors for propulsion;
and
(C) is fuelled from a hydrogen
fuel cell, an off-vehicle
electrical power source, a
_______________________________________________________________
*No. 15 of 2001
6
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
Part 3 - Duties Act 2001 Further Amended s. 7
battery or an electric
generator; and
(D) is not fitted with an
internal combustion
engine that provides
either propulsion or a fuel
source for an electric
propulsion system; and
(ii) the application is made, or notice
is lodged, on or after 1 July 2021
but before 1 July 2023;
7
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
s. 8 Part 4 - Duties Act 2001 Further Further Amended
PART 4 - DUTIES ACT 2001 FURTHER FURTHER
AMENDED
8. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
9. Section 221 amended (Motor accident premium
certificates)
Section 221 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "in respect
of a motor vehicle" after "that Act";
(b) by omitting subsection (3) and
substituting the following subsections:
(3) The amount of duty payable for a
certificate of premium paid is -
(a) $20, if the certificate of
premium paid is issued in
respect of -
(i) the registration of
a vehicle for a
period of 12
months; or
_______________________________________________________________
*No. 15 of 2001
8
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
Part 4 - Duties Act 2001 Further Further Amended s. 9
(ii) a short term
unregistered
vehicle permit
issued under the
Vehicle and
Traffic Act 1999;
or
(b) if the certificate of
premium paid is issued in
respect of the registration
of a vehicle for a period
of less than 12 months
(the registration period),
the following amount:
where -
A is the duty payable
for the certificate
of premium paid;
B is the number of days
in the registration
period;
C is the number of days
in the 12-month
period that
commences on the
day on which the
9
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
s. 9 Part 4 - Duties Act 2001 Further Further Amended
registration period
commences;
D is $20.
(3A) The person liable to pay the duty
in respect of a certificate of
premium paid issued in respect of
a motor vehicle is the registered
operator, of that vehicle, within
the meaning of the Motor
Accidents (Liabilities and
Compensation) Act 1973.
(c) by inserting in subsection (5) "in respect
of the certificate" after "duty".
10
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
Part 5 - First Home Owner Grant Act 2000 Amended s. 10
PART 5 - FIRST HOME OWNER GRANT ACT 2000
AMENDED
10. Principal Act
In this Part, the First Home Owner Grant Act
2000* is referred to as the Principal Act.
11. Section 18 amended (Amount of grant)
Section 18(2) of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (ah):
(ai) if the first home owner grant
relates to an eligible transaction
that satisfies section 18I, the
amount is $30 000; or
(b) by omitting from paragraph (b) "section
18A, 18B, 18C, 18D, 18E, 18F, 18G or
18H" and substituting "section 18A, 18B,
18C, 18D, 18E, 18F, 18G, 18H or 18I".
12. Section 18H amended (Conditions on increase in
grant)
Section 18H(1)(a) of the Principal Act is
amended by omitting "1 July 2022" and
substituting "1 April 2021".
_______________________________________________________________
*No. 19 of 2000
11
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
s. 13 Part 5 - First Home Owner Grant Act 2000 Amended
13. Section 18I inserted
After section 18H of the Principal Act, the
following section is inserted in Division 5:
18I. Conditions on increase in grant
(1) An eligible transaction satisfies this
section if -
(a) the commencement date of the
eligible transaction is on or after
1 April 2021 but before
1 July 2022; and
(b) the eligible transaction is
completed in accordance with
section 13(5) within 24 months
after the commencement date of
the eligible transaction.
(2) If satisfied there are good reasons to do
so and if a request by the applicant is
made before a decision on the application
has been varied or reversed under
section 23, the Commissioner may
extend the period referred to in
subsection (1) for the eligible transaction
to be completed, even though the period
has expired.
(3) Despite subsection (1), an eligible
transaction does not satisfy this section if
the Commissioner considers that the
eligible transaction replaces a
transaction, entered into before
12
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
Part 5 - First Home Owner Grant Act 2000 Amended s. 13
1 April 2021, that is for the same
property and that is between
substantially, or that benefits
substantially, the same parties.
(4) For the avoidance of doubt, a payment of
$30 000 that -
(a) was made in anticipation of the
Treasury Miscellaneous (Cost of
Living and Affordable Housing
Support) Bill 2021 receiving the
Royal Assent; and
(b) was made on or after
1 April 2021 but before the
Treasury Miscellaneous (Cost of
Living and Affordable Housing
Support) Bill 2021 received the
Royal Assent -
is taken to be a first home owner grant
payment, for the purposes of this Act,
made in relation to an eligible transaction
to which this section, as inserted by that
Act, applies.
13
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
s. 14 Part 6 - Land Tax Act 2000 Amended
PART 6 - LAND TAX ACT 2000 AMENDED
14. Principal Act
In this Part, the Land Tax Act 2000* is referred
to as the Principal Act.
15. Section 13 amended (Payment by instalments)
Section 13(1) of the Principal Act is amended by
omitting "$1 000" and substituting "$500".
_______________________________________________________________
*No. 74 of 2000
14
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
Part 7 - Land Tax Rating Act 2000 Amended s. 16
PART 7 - LAND TAX RATING ACT 2000 AMENDED
16. Principal Act
In this Part, the Land Tax Rating Act 2000* is
referred to as the Principal Act.
17. Schedule 1 substituted
Schedule 1 to the Principal Act is repealed and
the following Schedule is substituted:
SCHEDULE 1 - RATE OF LAND TAX
Section 6
Assessed or Amounts and rates of land
apportioned assessed tax
land value of land
1. Less than $50 000 Nil
2. $50 000 - $399 999.99 $50 and 0.55 cents for each
dollar of the assessed land
value or apportioned
assessed land value in excess
of $50 000
3. $400 000 or more $1 975 and 1.5 cents for each
dollar of the assessed land
value or apportioned
assessed land value in excess
of $400 000
_______________________________________________________________
*No. 73 of 2000
15
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
s. 18 Part 8 - Taxation Administration Act 1997 Amended
PART 8 - TAXATION ADMINISTRATION ACT 1997
AMENDED
18. Principal Act
In this Part, the Taxation Administration Act
1997* is referred to as the Principal Act.
19. Section 35 amended (Interest rate)
Section 35 of the Principal Act is amended as
follows:
(a) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) the premium component.
(b) by inserting the following subsection
after subsection (3):
(4) The premium component is -
(a) unless an order is in force
under paragraph (b), 8%
per annum; or
(b) the rate the Minister
specifies by order
published in the Gazette.
_______________________________________________________________
*No. 74 of 1997
16
Treasury Miscellaneous (Cost of Living and Affordable Housing
Support) Act 2021
Act No. of 2021
Part 9 - Miscellaneous s. 20
PART 9 - MISCELLANEOUS
20. Repeal of Act
This Act is repealed on the first anniversary of
the day on which Part 4 commenced.