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REVENUE AND OTHER LEGISLATION AMENDMENT BILL 1998

      Queensland




REVENUE AND OTHER
   LEGISLATION
AMENDMENT BILL 1998

 


 

 

Queensland REVENUE AND OTHER LEGISLATION AMENDMENT BILL 1998 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2--AMENDMENT OF DEBITS TAX ACT 1990 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Amendment of s 6 (Accounts kept outside Queensland) . . . . . . . . . . . . . . . 7 6 Replacement of sch 2 (Modifications of Commonwealth Act) . . . . . . . . . . 7 SCHEDULE 2 MODIFICATIONS OF COMMONWEALTH ACT PART 3--AMENDMENT OF FUEL SUBSIDY ACT 1997 7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8 Amendment of s 14 (Sales of diesel to licensed off-road diesel consumers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9 Amendment of s 19 (Non-licensed use by licensed off-road diesel consumers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 10 Amendment of s 27 (Conditions of licence) . . . . . . . . . . . . . . . . . . . . . . . . . 17 11 Amendment of s 34 (Return of cancelled off-road diesel consumer's licence to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 12 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 36A When licensee taken not to have contravened licence condition . . 17 13 Amendment of s 63 (Return of cancelled retailer's licence to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

 


 

2 Revenue and Other Legislation Amendment 14 Replacement of s 98 (Return of cancelled bulk end user's licence to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 98 Return of cancelled bulk end user's licence to commissioner . . . . . 18 15 Amendment of s 103 (Returns by licensed bulk end users) . . . . . . . . . . . . . 18 16 Amendment of s 104 (Records of sales to be kept) . . . . . . . . . . . . . . . . . . . 19 17 Amendment of s 108 (Implied terms of contract for sale of fuel by manufacturer or importer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 18 Amendment of ch 8, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PART 5--SPECIAL TRANSITIONAL PROVISIONS FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 1998 210 Transitional provisions about returns by licensed bulk end users . . 20 211 Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 19 Amendment of sch 1 (Decisions subject to review and appeal) . . . . . . . . . 20 20 Replacement of sch 2 (Fuel) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SCHEDULE 2 FUEL PART 4--AMENDMENT OF LAND TAX ACT 1915 21 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22 Insertion of new s 4AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4AB Commissioner may ask police to help . . . . . . . . . . . . . . . . . . . . . . . . 24 23 Amendment of s 16 (Taxpayer to furnish returns) . . . . . . . . . . . . . . . . . . . . . 24 24 Amendment of s 18 (Assessments, assessment registers, and notice) . . . . 24 25 Amendment of s 20 (Alterations of assessments) . . . . . . . . . . . . . . . . . . . . . 25 26 Insertion of new ss 20A and 20B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 20A Alteration of assessments--during appeal . . . . . . . . . . . . . . . . . . . . . 25 20B Process of altering assessment during appeal . . . . . . . . . . . . . . . . . . 25 27 Insertion of new pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PART 4A--OBJECTIONS 26D Taxpayer may object to assessment . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26E Commissioner must consider objection . . . . . . . . . . . . . . . . . . . . . . . 26 26F Commissioner must alter assessment if objection allowed . . . . . . . 27 26G Taxpayer may appeal the commissioner's decision . . . . . . . . . . . . . 27 28 Amendment of s 27 (Appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

 


 

3 Revenue and Other Legislation Amendment 29 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27A Time for making an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 30 Insertion of new ss 58A and 58B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 58A Signature of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 58B Commissioner's certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 31 Amendment of s 61 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . . 29 PART 5--AMENDMENT OF PAY-ROLL TAX ACT 1971 32 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 33 Insertion of new ss 46A-46C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 46A Affidavit evidence in proceedings for recovery of tax . . . . . . . . . . . 29 46B Signature of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 46C Commissioner's certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 34 Amendment of s 51 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 6--AMENDMENT OF STAMP ACT 1894 35 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 36 Amendment of s 29A (Restriction on entry to investigate) . . . . . . . . . . . . . 31 37 Insertion of new s 31AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 31AB Transfer to company of shares bought back by company is dutiable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 38 Amendment of s 31H (Duty on transactions on registers of Queensland incorporated companies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 39 Amendment of s 35A (Persons carrying on credit or rental business to be registered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 40 Insertion of new s 35AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 35AA Certificates of registration of persons carrying on credit or rental business in Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 41 Amendment of s 35B (Statements to be lodged by required persons with the commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 42 Amendment of s 35E (As to transactions with unregistered persons) . . . . . 34 43 Amendment of s 46C (Insurance with no executed policy) . . . . . . . . . . . . . 34 44 Amendment of s 54 (Certain contracts to be chargeable as conveyances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 45 Amendment of s 56B (Unit trust schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . 35 46 Amendment of s 83 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

 


 

4 Revenue and Other Legislation Amendment 47 Insertion of new ss 88 and 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 88 Duty not payable on Suncorp Metway notes . . . . . . . . . . . . . . . . . . . 36 89 Validation of certain exemptions from duty for applications involving registration of motor vehicles . . . . . . . . . . . . 37 48 Amendment of sch 1 (Stamp duties on instruments) . . . . . . . . . . . . . . . . . . 37 PART 7--MINOR AMENDMENTS OF ACTS 49 Acts amended--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 39 MINOR AMENDMENTS OF ACTS LAND TAX ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 REVENUE LAWS (RECIPROCAL POWERS) ACT 1988 . . . . . . . . . . . . 40

 


 

1998 A BILL FOR An Act to amend certain Acts administered by the Treasurer

 


 

s1 6 s3 Revenue and Other Legislation Amendment The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short Clause 1. This Act may be cited as the Revenue and Other Legislation 4 Amendment Act 1998. 5 6 Commencement Clause 2.(1) Sections 10, 11, 13, 16, 35, 37, 44, 45 and 47 to 49 commence on 7 assent. 8 (2) Sections 7 to 9 and 12 are taken to have commenced on 10 December 9 1997. 10 (3) Section 17 is taken to have commenced on 22 December 1997. 11 (4) Section 20 is taken to have commenced on 31 January 1998. 12 (5) Sections 14, 15, 18 and 19 are taken to have commenced on 31 July 13 1998. 14 (6) Part 2 commences, or is taken to have commenced, on 1 December 15 1998. 16 (7) The remaining provisions commence on a day to be fixed by 17 proclamation. 18 ART 2--AMENDMENT OF DEBITS TAX ACT 1990 19 P amended in pt 2 20 Act Clause 3. This part amends the Debits Tax Act 1990. 21

 


 

s4 7 s6 Revenue and Other Legislation Amendment of s 2 (Definitions) 1 Amendment Clause 4. Section 2-- 2 insert-- 3 ` "ADI" means a body corporate for which an authority under the Banking 4 Act 1959 (Cwlth), section 9(3), is in force. 5 "financial institution" means a financial institution within the meaning of 6 the Cheques Act 1986 (Cwlth).'. 7 of s 6 (Accounts kept outside Queensland) 8 Amendment Clause 5.(1) Section 6, `building society, credit union or similar body'-- 9 omit, insert-- 10 `financial institution'. 11 (2) Section 6, `the body'-- 12 omit, insert-- 13 `the institution'. 14 (3) Section 6, `a bank'-- 15 omit, insert-- 16 `an ADI'. 17 (4) Section 6, `the bank'-- 18 omit, insert-- 19 `the ADI'. 20 of sch 2 (Modifications of Commonwealth Act) 21 Replacement Clause 6. Schedule 2-- 22 omit, insert-- 23

 


 

s6 8 s6 Revenue and Other Legislation Amendment `SCHEDULE 2 1 `MODIFICATIONS OF COMMONWEALTH ACT 2 section 8 3 `The Commonwealth Act applies as if-- 4 1. In section 3(1)-- 5 (a) for the definition "account" there were substituted-- 6 ` "account" means: 7 (a) a primary account; or 8 (b) a source of funds account; 9 "account certificate" means a certificate under section 11B;'; 10 (b) after the definition "assessment" the following definition were 11 inserted-- 12 ` "certificate account" means an account of a class for which an account 13 certificate is in force;'; 14 (c) the definition "bank" were omitted; 15 (d) for the definition "Commissioner" there were substituted-- 16 ` "Commissioner" means the commissioner of stamp duties appointed 17 under the Stamp Act 1894;'; 18 (e) for the definition "Deputy Commissioner" there were 19 substituted-- 20 ` "Deputy Commissioner" means a deputy commissioner of stamp duties 21 under the Stamp Act 1894;'; 22 (f) in the definition "excluded debit"-- 23 (i) in paragraph (a)(ii)-- 24 (A) for `8(3) and (4), would be entitled to exemption from 25 the tax by virtue of any other law' there were 26

 


 

s6 9 s6 Revenue and Other Legislation Amendment substituted `8(3) and (4) of the Commonwealth Act as 1 in force immediately before the commencement of this 2 Act would have been entitled to exemption from the tax 3 within the meaning of the Commonwealth Act by 4 virtue of any law'; 5 (B) for `Australia' there were substituted `Queensland'; 6 (ii) in paragraph (a)(iii) for `8(3) and (4), would be entitled to 7 exemption from the tax by virtue of any other law' there 8 were substituted `8(3) and (4) of the Commonwealth Act as 9 in force immediately before the commencement of this Act 10 would have been entitled to exemption from the tax within 11 the meaning of the Commonwealth Act by virtue of any 12 law'; 13 (iii) in paragraph (b) for `Australia' (where twice occurring) 14 there were substituted `Queensland' in each case; 15 (g) in the definition "exempt account" for `Australia' there were 16 substituted `Queensland'; 17 (h) for the definition "exempt debit" there were substituted-- 18 ` "exempt debit", in relation to an account, means: 19 (a) a debit that is made solely for reversing a credit previously made 20 to the account; or 21 (b) a debit that is made for deducting an amount under 22 subsection 221YHZC(1A) of the Income Tax Assessment 23 Act 1936 (Cwlth); or 24 (c) a debit that is made for recovering from the account holder an 25 amount equal to an amount of tax that the financial institution has 26 paid or is liable to pay; or 27 (d) a debit that is a transfer debit; or 28 (e) if the account is a loan account to which transfer debits may be 29 made (other than a loan account to which payments by a financial 30 institution for cheques drawn on the institution by the account 31 holder, or by any 1 or more of the account holders, may be 32 directly debited)--a debit that is made to the account; or 33

 


 

s6 10 s6 Revenue and Other Legislation Amendment (f) if the account is a certificate account--a debit that is made to the 1 account; or 2 (g) a debit that is included in a kind or class of debits that are 3 prescribed for this paragraph;'; 4 (i) for the definition "financial institution" there were substituted-- 5 ` "financial institution" means a financial institution within the meaning 6 of the Cheques Act 1986 (Cwlth);'; 7 (j) the definition "non-bank financial institution" were omitted; 8 (k) in the definition "officer", `Australian' were omitted; 9 (l) after the definition "person" the following definition were 10 inserted-- 11 ` "primary account" means an account kept with a financial institution, 12 being an account to which payments by the financial institution for 13 cheques drawn on the financial institution by the account holder, or by 14 any 1 or more of the account holders, may be debited;'; 15 (m) the definition "Second Commissioner" were omitted; 16 (n) before the definition "tax" the following definition were 17 inserted-- 18 ` "source of funds account" means an account (other than a primary 19 account) kept with or by a financial institution to which transfer debits 20 may be made;'; 21 (o) for the definition "tax" there were substituted-- 22 ` "tax" means tax imposed by the Debits Tax Act 1990, part 2;'; 23 (p) in the definition "taxable account" for `Australia' there were 24 substituted `Queensland'; 25 (q) after the definition "taxable debit" the following definition were 26 inserted-- 27 ` "transfer debit" means a debit made by a financial institution to an 28 account kept with or by the financial institution, but only to the extent 29 the debit is made (whether directly or indirectly through 1 or more 30 interposed accounts) for a debit-- 31

 


 

s6 11 s6 Revenue and Other Legislation Amendment (a) made, or to be made, to a primary account kept with the financial 1 institution; and 2 (b) made, or to be made, to satisfy a cheque on the financial 3 institution;'; 4 (r) the definition "Tribunal" were omitted. 5 2. In section 3(2), for `Australia' (wherever occurring) there were 6 substituted `Queensland' in each case. 7 3. In section 3(8), for `Commonwealth' (where twice occurring) there were 8 substituted `State' in each case. 9 4. Section 3(9) were omitted. 10 5. For section 4 there were substituted-- 11 `General administration of Act 12 `4.(1) The commissioner has the general administration of this Act. 13 `(2) Each deputy commissioner has all the powers and functions of the 14 commissioner under this Act. 15 `Delegation of functions 16 `4A. The commissioner may delegate to a person engaged in the 17 administration of this Act any of the commissioner's functions, other than 18 this power of delegation.'. 19 6. In section 7, for `Commonwealth' (wherever occurring) there were 20 substituted `State' in each case. 21 7. In section 7(2), for `$5,000' there were substituted `85 penalty units'. 22 8. In section 7(4)-- 23 (a) `a Second Commissioner,' and `, by a Second Commissioner' 24 were omitted; 25 (b) for `the Tribunal' there were substituted `a Court'. 26 9. In section 7(6), for `Minister' there were substituted `Minister unless the 27 communication is made with the consent (express or implied) of the person 28 to whose affairs the information relates'. 29 10. In section 7(7), `, a Second Commissioner' were omitted. 30

 


 

s6 12 s6 Revenue and Other Legislation Amendment 11. In section 9(1)(a), for `8(1)' there were substituted `7(1) of the Debits 1 Tax Act 1990'. 2 12. In section 11(1), for `Australia' there were substituted `Queensland'. 3 13. In section 11A(1), for `$10,000' there were substituted `170 penalty 4 units'. 5 14. In section 11A(2), for `a certificate of exemption' there were substituted 6 `an account certificate or certificate of exemption'. 7 15. After section 11A the following section were inserted in Part III-- 8 `Certificate accounts 9 `11B.(1) A financial institution may make written application to the 10 commissioner for a certificate for a class of accounts-- 11 (a) that are not primary accounts to which payments by the financial 12 institution for cheques drawn on the financial institution by an 13 account holder, or by any 1 or more of the account holders, may 14 be directly debited; and 15 (b) that are kept in Queensland; and 16 (c) to which transfer debits may be made. 17 `(2) The financial institution must give the commissioner the information 18 the commissioner asks for to help the commissioner decide the application. 19 `(3) The commissioner may issue the certificate only if the 20 commissioner is satisfied accounts of the class are not sufficiently 21 connected with any primary account. 22 `(4) In deciding whether or not accounts of the class are sufficiently 23 connected with any primary account, the commissioner must have regard 24 to-- 25 (a) the terms on which the accounts and any primary account to 26 which the accounts may be connected are established; and 27 (b) the circumstances in which transfer debits may be made to the 28 accounts for debits made, or to be made, to a primary account; 29 and 30 (c) the frequency with which transfer debits may be made to the 31 accounts; and 32

 


 

s6 13 s6 Revenue and Other Legislation Amendment (d) any other circumstances the commissioner considers appropriate. 1 `(5) For subsection (4)(b), the circumstances to which the commissioner 2 may have regard include, in particular-- 3 (a) if the primary account is an overdraft account--whether the sole 4 purpose of any transfer debit is to reduce a debit balance in the 5 primary account to an agreed overdraft limit (if the excess of the 6 debit balance over the limit arises inadvertently); and 7 (b) in any other case--whether the sole purpose of any transfer debit 8 is to offset a debit balance in the primary account (if the debit 9 balance arises inadvertently). 10 `(6) An account certificate-- 11 (a) may be issued on conditions the commissioner considers 12 appropriate about the nature of any connection with a primary 13 account; and 14 (b) if issued on conditions--must state the conditions. 15 `(7) If a certificate account ceases to satisfy the conditions of the account 16 certificate, the account ceases to be a certificate account for the period the 17 account does not satisfy the conditions. 18 `(8) An account certificate-- 19 (a) comes into force on the day stated in the certificate (which may be 20 a day before the day on which the certificate is issued); and 21 (b) remains in force until-- 22 (i) the expiry day stated in the certificate; or 23 (ii) if no expiry day is stated--no accounts of the class exist.'. 24 16. In section 12, subsection (2) were omitted. 25 17. In section 12(4), for `8(2)' (where twice occurring) there were 26 substituted `7(2) of the Debits Tax Act 1990' in each case. 27 18. In section 13(1)(b), for `Commonwealth' there were substituted `State'. 28 19. In section 13(5), for `Commonwealth' (where twice occurring) there 29 were substituted `State' in each case. 30 20. In section 14(1)(b), for `Commonwealth' there were substituted `State'. 31

 


 

s6 14 s6 Revenue and Other Legislation Amendment 21. In section 17, for subsection (6) there were substituted-- 1 `(6) The Commissioner may, in the Commissioner's discretion, remit 2 the whole or any part of the additional tax payable by a person under this 3 section and may do so before an assessment is made under subsection (4) 4 of the additional tax.'. 5 22. In section 18, for `Commonwealth' (where twice occurring) there were 6 substituted `State' in each case. 7 23. In section 20, the definition `Federal Court' were omitted. 8 24. In section 23, for `either--' to the end thereof there were substituted `a 9 request to refer the decision to the Supreme Court.'. 10 25. In section 25(3), for `Tribunal' there were substituted `Supreme Court'. 11 26. In section 25A(1), for `practicable--' to the end thereof there were 12 substituted `practicable send the application to the Supreme Court.'. 13 27. Section 25A(2) were omitted. 14 28. In section 25A, for subsections (3) and (4) there were substituted-- 15 `(3) The sending of an application to the Supreme Court under 16 subsection (1) constitutes the making by the person concerned of an 17 application to the court to extend the time within which the request 18 concerned may be lodged with the Commissioner. 19 `(4) The court may grant or refuse the application.'. 20 29. Section 25B(2) were omitted. 21 30. In section 25B(3), for `Federal' there were substituted `Supreme'. 22 31. In section 25D, for `a review before the Tribunal or on appeal to a court' 23 there were substituted `appeal to the Supreme Court'. 24 32. In section 25D(a), for `Tribunal or court' there were substituted 25 `Supreme Court'. 26 33. Section 25E were omitted. 27 34. In section 26, for `Federal' there were substituted `Supreme'. 28 35. In section 29A(1), for `Tribunal or of a court' there were substituted 29 `Supreme Court'. 30

 


 

s6 15 s6 Revenue and Other Legislation Amendment 36. In section 29A(2)-- 1 (a) for `Tribunal or of the Federal' there were substituted `Supreme'; 2 (b) for `Tribunal, or of the Federal' there were substituted `Supreme'. 3 37. In section 29A(2)(b), for `Federal' there were substituted `Supreme'. 4 38. In section 31(1), for `Tribunal or of a court' there were substituted 5 `Supreme Court'. 6 39. In section 31(1)(c)(ii), for `Commonwealth' there were substituted 7 `State'. 8 40. In section 33, `, a Second Commissioner' (where twice occurring) were 9 omitted. 10 41. In section 34(1), for `Commonwealth' there were substituted `State'. 11 42. In section 37(1), `, a Second Commissioner' (wherever occurring) were 12 omitted. 13 43. In section 37(1)(d), for `Commonwealth' there were substituted `State'. 14 44. In section 56(1), for `1983' there were substituted `1991'. 15 45. In section 57-- 16 (a) for `Australia' (wherever occurring) there were substituted 17 `Queensland' in each case; 18 (b) for `$50'(wherever occurring) there were substituted `1 penalty 19 unit' in each case. 20 46. In section 62-- 21 (a) for `Governor-General' there were substituted `Governor in 22 Council'; 23 (b) for `$500' there were substituted `85 penalty units'.'. 24

 


 

s7 16 s9 Revenue and Other Legislation Amendment PART 3--AMENDMENT OF FUEL SUBSIDY ACT 1 1997 2 amended in pt 3 3 Act Clause 7. This part amends the Fuel Subsidy Act 1997. 4 of s 14 (Sales of diesel to licensed off-road diesel 5 Amendment consumers) 6 Clause 8. Section 14(3)(b)-- 7 omit, insert-- 8 `(b) a seller has reason to believe-- 9 (i) a licensed off-road diesel consumer intends to sell the diesel; 10 or 11 (ii) a licensed off-road diesel consumer's intended use of the 12 diesel will make the consumer liable, under section 19, to 13 repay to the commissioner the amount of the subsidy for the 14 diesel; or'. 15 of s 19 (Non-licensed use by licensed off-road diesel 16 Amendment consumers) 17 Clause 9.(1) Section 19, first subsection-- 18 number as section 19(1). 19 (2) Section 19-- 20 insert-- 21 `(1A) However, this section does not apply to diesel used under 22 subsection (1)(a) if the diesel-- 23 (a) has been delivered in a quantity of not more than 3000 L directly 24 into the vehicle's running tank from a storage tank at the person's 25 fuel subsidy place; and 26 (b) is used for a domestic purpose or a purpose associated with the 27

 


 

s 10 17 s 13 Revenue and Other Legislation Amendment person's business operations for which the person holds an 1 off-road diesel consumer's licence.'. 2 of s 27 (Conditions of licence) 3 Amendment Clause 10. Section 27(1)(b) and (c), `fuel'-- 4 omit, insert-- 5 `diesel'. 6 of s 34 (Return of cancelled off-road diesel consumer's 7 Amendment licence to commissioner) 8 Clause 11. Section 34, before `licensee'-- 9 insert-- 10 `former'. 11 of new s 36A 12 Insertion Clause 12. After section 36-- 13 insert-- 14 licensee taken not to have contravened licence condition 15 `When `36A. For sections 30(b) and 36, the holder of an off-road diesel 16 consumer's licensee is not taken to have contravened the condition of 17 licence mentioned in section 27(1)(b) if section 19(1A) applies to diesel 18 purchased under the licence.'. 19 of s 63 (Return of cancelled retailer's licence to 20 Amendment commissioner) 21 Clause 13. Section 63, before `licensee'-- 22 insert-- 23 `former'. 24

 


 

s 14 18 s 15 Revenue and Other Legislation Amendment of s 98 (Return of cancelled bulk end user's licence to 1 Replacement commissioner) 2 Clause 14. Section 98-- 3 omit, insert-- 4 of cancelled bulk end user's licence to commissioner 5 `Return `98.(1) This section applies if-- 6 (a) the commissioner has cancelled a bulk end user's licence and 7 given an information notice for the decision to the former 8 licensee; or 9 (b) a bulk end user's licence is automatically cancelled under 10 section 103. 11 `(2) The former licensee must give the licence to the commissioner-- 12 (a) for a cancellation mentioned in subsection (1)(a)--within 7 days 13 after the day the former licensee receives the information notice; 14 or 15 (b) for a cancellation mentioned in subsection (1)(b)-- 16 (i) if, on application by the licensee, the commissioner fixed a 17 date under section 103(1A) for giving a return--within 18 7 days after that date; or 19 (ii) if, on application by the licensee, the commissioner decided 20 not to fix a date under section 103(1A)--within 7 days after 21 the giving of an information notice for the decision; or 22 (iii) otherwise--within 7 days after 31 October in the year of the 23 cancellation. 24 Maximum penalty--40 penalty units.'. 25 of s 103 (Returns by licensed bulk end users) 26 Amendment Clause 15.(1) Section 103-- 27 insert-- 28 `(1A) However, on application made by the licensee, the commissioner 29 must fix a later date for the licensee for giving a return if the commissioner 30

 


 

s 16 19 s 17 Revenue and Other Legislation Amendment is satisfied that if the person were applying for a bulk end user's licence the 1 application for the licence would be granted. 2 `(1B) The commissioner must not fix a date later than 31 October next 3 following the return date. 4 `(1C) If the commissioner decides not to fix a date under 5 subsection (1A), the commissioner must give the applicant an information 6 notice.'. 7 (2) Section 103(5)-- 8 omit, insert-- 9 `(5) The licence is automatically cancelled the day after the return date 10 if-- 11 (a) on application by the licensee, the commissioner fixes a later date 12 under subsection (1A) for giving a return and the licensee does 13 not give the commissioner a return on or before the later date; or 14 (b) on application by the licensee, the commissioner decides not to 15 fix a date under subsection (1A) for giving a return and the 16 commissioner gives the applicant an information notice for the 17 decision; or 18 (c) paragraphs (a) and (b) do not apply and the licensee does not give 19 the commissioner a return on or before 31 October next 20 following the return date.'. 21 of s 104 (Records of sales to be kept) 22 Amendment Clause 16. Section 104(3)(a) to (e)-- 23 renumber as section 104(3)(a) to (f). 24 of s 108 (Implied terms of contract for sale of fuel by 25 Amendment manufacturer or importer) 26 Clause 17.(1) Section 108, heading-- 27 omit, insert-- 28 `Implied terms of certain contracts for sale of fuel'. 29

 


 

s 18 20 s 19 Revenue and Other Legislation Amendment (2) Section 108(1), from `between' to `seller and'-- 1 omit, insert-- 2 `with'. 3 of ch 8, pt 5 4 Amendment Clause 18. Chapter 8, part 5, heading-- 5 omit, insert-- 6 `PART 5--SPECIAL TRANSITIONAL PROVISIONS 7 FOR REVENUE AND OTHER LEGISLATION 8 AMENDMENT ACT 1998 9 provisions about returns by licensed bulk end users 10 `Transitional `210.(1) This section applies to a return a licensed bulk end user is 11 required, under section 103, to give the commissioner for the year ending 12 30 June 1998. 13 `(2) Section 98(2)(b)(iii) applies as if the reference to 31 October in the 14 year of cancellation were a reference to 30 June 1999. 15 `(3) Also, section 103 applies as if a reference to 31 October next 16 following the return date were a reference to 30 June 1999. 17 of part 18 `Expiry `211. This part expires on 1 July 1999.'. 19 of sch 1 (Decisions subject to review and appeal) 20 Amendment Clause 19. Schedule 1, part A-- 21 insert-- 22 `103 Refusing application to fix a later date for giving a return'. 23

 


 

s 20 21 s 20 Revenue and Other Legislation Amendment of sch 2 (Fuel) 1 Replacement Clause 20. Schedule 2-- 2 omit, insert-- 3 `SCHEDULE 2 4 `FUEL 5 schedule 3, definition "fuel" 6 `PART A--GOODS FOR EXCISE TARIFF ACT 1921 7 (CWLTH) 8 11(B)(1)(a) 9 11(B)(2)(a) 10 11(B)(2)(d) 11 11(C)(1)(a) 12 11(C)(2)(a) 13 11(C)(2)(c) 14 11(E)(1) 15 11(E)(4) 16 11(F)(1) 17 11(F)(4) 18 11(G)(2) 19 11(G)(5) 20 11(H)(1)(b) 21 11(H)(1)(c) 22 11(H)(2)(b) 23

 


 

s 20 22 s 20 Revenue and Other Legislation Amendment 11(H)(2)(c) 1 11(H)(2)(e) 2 11(H)(2)(f) 3 11(I)(1)(b)(ii) 4 11(I)(2)(a) 5 11(I)(3)(a) 6 11(I)(3)(d) 7 11(J)(1)(a) 8 11(J)(1)(b) 9 11(J)(2)(a) 10 11(J)(2)(b) 11 11(J)(2)(d) 12 11(J)(2)(e) 13 12 14 `PART B--GOODS FOR CUSTOMS TARIFF ACT 1995 15 (CWLTH), SCHEDULE 3 16 2707.10.19 17 2707.10.9 18 2707.10.91 19 2707.10.99 20 2707.20.19 21 2707.20.9 22 2707.20.91 23 2707.20.99 24

 


 

s 21 23 s 22 Revenue and Other Legislation Amendment 2707.30.19 1 2707.30.9 2 2707.30.91 3 2707.30.99 4 2707.50.29 5 2707.50.9 6 2707.50.91 7 2707.50.99 8 2709.00.22 9 2709.00.29 10 2709.00.99 11 2710.00.15 12 2710.00.29 13 2710.00.39 14 2710.00.57 15 2710.00.59 16 2710.00.89'. 17 PART 4--AMENDMENT OF LAND TAX ACT 1915 18 amended in pt 4 19 Act Clause 21. This part amends the Land Tax Act 1915. 20 of new s 4AB 21 Insertion Clause 22. After section 4AA-- 22 insert-- 23

 


 

s 23 24 s 24 Revenue and Other Legislation Amendment may ask police to help 1 `Commissioner `4AB. The commissioner may ask a police officer to perform a function 2 under, and only under, section 17B or 45.1'. 3 of s 16 (Taxpayer to furnish returns) 4 Amendment Clause 23.(1) Section 16(1A) to (4) 5 renumber as section 16(4) to (7). 6 (2) Section 16, after subsection (1)-- 7 insert-- 8 `(2) If land is owned jointly, in addition to any return required for the 9 land under subsection (1), a joint return for the land must, unless otherwise 10 notified by the commissioner, be given to the commissioner by the joint 11 owner prescribed under a regulation. 12 `(3) Notification by the commissioner under subsection (1) or (2)-- 13 (a) must be given by gazette notice on or before 8 September in a 14 financial year; and 15 (b) may be given to all taxpayers or a class of taxpayer.'. 16 of s 18 (Assessments, assessment registers, and notice) 17 Amendment Clause 24. Section 18-- 18 insert-- 19 `(5) If a gazette notice has been published under section 16(3) and a 20 taxpayer to whom the notice relates has not received notice of an 21 assessment by 30 June following the publication of the gazette notice, the 22 taxpayer must advise the commissioner by 31 July that the taxpayer has not 23 received a notice of assessment.'. 24 1 See Police Powers and Responsibilities Act 1997, section 11.

 


 

s 25 25 s 26 Revenue and Other Legislation Amendment of s 20 (Alterations of assessments) 1 Amendment Clause 25. Section 20, heading-- 2 omit, insert-- 3 `Alteration of assessments--generally'. 4 of new ss 20A and 20B 5 Insertion Clause 26. After section 20-- 6 insert-- 7 of assessments--during appeal 8 `Alteration `20A. The commissioner may alter an assessment even if the taxpayer is 9 appealing against the assessment. 10 of altering assessment during appeal 11 `Process `20B.(1) This section applies if the commissioner alters an assessment 12 under section 20A. 13 `(2) The commissioner must give the taxpayer notice of the altered 14 assessment at least 14 days before the appeal is to be heard. 15 `(3) The taxpayer must, within 7 days of the service of the notice, give 16 the commissioner written advice that the taxpayer-- 17 (a) is discontinuing the appeal and will not be objecting to, or 18 appealing against, the altered assessment; or 19 (b) is discontinuing the appeal and will be objecting to the altered 20 assessment; or 21 (c) is discontinuing the appeal and intends to make a fresh appeal 22 under section 27 against the altered assessment; or 23 (d) intends to continue the existing appeal. 24 `(4) If the taxpayer takes action under subsection (3)(d), the appeal is 25 against the assessment as altered.'. 26

 


 

s 27 26 s 27 Revenue and Other Legislation Amendment of new pt 4A 1 Insertion Clause 27. After part 4-- 2 insert-- 3 `PART 4A--OBJECTIONS 4 may object to assessment 5 `Taxpayer `26D.(1) If a taxpayer has a right of appeal against an assessment, the 6 taxpayer may object to the assessment instead of lodging an appeal. 7 `(2) The objection must be-- 8 (a) in writing; and 9 (b) made within 30 days after the notified date on which the land tax 10 is payable. 11 `(3) Despite subsection (2)(b), the commissioner may allow the taxpayer 12 additional time to object to the assessment. 13 `(4) The commissioner must act under subsection (3) if it is reasonable 14 in all the circumstances to allow the taxpayer additional time to object to the 15 assessment. 16 `(5) If the commissioner acts under subsection (3), the time for objecting 17 to the assessment is within the additional time. 18 must consider objection 19 `Commissioner `26E.(1) After considering the objection, the commissioner must-- 20 (a) allow all or part of the objection; or 21 (b) refuse the objection. 22 `(2) The commissioner must give the taxpayer written notice of the 23 commissioner's decision under subsection (1). 24 `(3) If the commissioner refuses the objection or grants the objection in 25 part only, the commissioner must give the taxpayer written reasons for the 26 decision. 27

 


 

s 28 27 s 29 Revenue and Other Legislation Amendment must alter assessment if objection allowed 1 `Commissioner `26F. If the commissioner allows all or part of the objection, the 2 commissioner must-- 3 (a) alter the assessment in accordance with the commissioner's 4 decision under section 26E(1)(a); and 5 (b) give the taxpayer notice of the altered assessment. 6 may appeal the commissioner's decision 7 `Taxpayer `26G.(1) The taxpayer may appeal under section 27 against the 8 commissioner's decision. 9 `(2) The appeal must be made within 30 days of the day of the service of 10 notice of the commissioner's decision. 11 `(3) The grounds of the appeal are limited to the grounds of the 12 objection.'. 13 of s 27 (Appeal) 14 Amendment Clause 28. Section 27(1)-- 15 omit, insert-- 16 `27.(1) A taxpayer may appeal to the Land Court against an assessment 17 for the taxpayer's land, on the ground that-- 18 (a) the taxpayer is not liable for the land tax or any part of the tax; or 19 (b) the assessment is excessive.'. 20 of new s 27A 21 Insertion Clause 29. After section 27-- 22 insert-- 23 for making an appeal 24 `Time `27A.(1) An appeal under section 27 must be made within 30 days after 25 the notified date on which the land tax is payable. 26 `(2) Despite subsection (1), the commissioner may allow the taxpayer 27

 


 

s 30 28 s 30 Revenue and Other Legislation Amendment additional time to appeal against the assessment. 1 `(3) The commissioner must act under subsection (2) if it is reasonable 2 in all the circumstances to allow the taxpayer additional time to appeal 3 against the assessment. 4 `(4) If the commissioner acts under subsection (2), the time for appealing 5 against the assessment is within the additional time.'. 6 of new ss 58A and 58B 7 Insertion Clause 30. After section 58-- 8 insert-- 9 of commissioner 10 `Signature `58A.(1) A document is taken to have been signed by the commissioner 11 if the document bears the written, printed or stamped name of the 12 commissioner instead of the commissioner's signature. 13 `(2) Subsection (1) does not apply if the name of the commissioner was 14 written, printed or stamped on the document without the commissioner's 15 authority. 16 `(3) A document bearing the written, printed or stamped name of the 17 commissioner is presumed to have been made with the commissioner's 18 authority unless the contrary is proved. 19 certificate 20 `Commissioner's `58B.(1) The commissioner may certify-- 21 (a) a copy of a document in the commissioner's possession to be a 22 true copy of the document; and 23 (b) an extract from a document in the commissioner's possession to 24 be a true extract from the document. 25 `(2) A copy of, or extract from, a document certified under 26 subsection (1) is evidence of the document, or the relevant part of the 27 document.'. 28

 


 

s 31 29 s 33 Revenue and Other Legislation Amendment of s 61 (Regulation-making power) 1 Amendment Clause 31.(1) Section 61(2)(c)(iii)-- 2 omit. 3 (2) Section 61(2)-- 4 insert-- 5 `(ca)the payment of tax; and'. 6 (3) Section 61(2)(f)-- 7 omit, insert-- 8 `(f) the giving of documents by or on behalf of a person to the 9 commissioner.'. 10 (4) Section 61-- 11 insert-- 12 `(3) A regulation may impose a penalty of not more than 20 penalty units 13 for a contravention of the regulation.'. 14 ART 5--AMENDMENT OF PAY-ROLL TAX ACT 15 P 1971 16 amended in pt 5 17 Act Clause 32. This part amends the Pay-roll Tax Act 1971. 18 of new ss 46A-46C 19 Insertion Clause 33. After section 46-- 20 insert-- 21 evidence in proceedings for recovery of tax 22 `Affidavit `46A.(1) Evidence in a proceeding against a person for the recovery of 23 tax may be given by affidavit. 24

 


 

s 34 30 s 34 Revenue and Other Legislation Amendment `(2) However, a person who gives evidence by affidavit may be 1 cross-examined about the evidence in the affidavit. 2 of commissioner 3 `Signature `46B.(1) A document is taken to have been signed by the commissioner 4 if the document bears the written, printed or stamped name of the 5 commissioner instead of the commissioner's signature. 6 `(2) Subsection (1) does not apply if the name of the commissioner was 7 written, printed or stamped on the document without the commissioner's 8 authority. 9 `(3) A document bearing the written, printed or stamped name of the 10 commissioner is presumed to have been made with the commissioner's 11 authority unless the contrary is proved. 12 certificate 13 `Commissioner's `46C.(1) The commissioner may certify-- 14 (a) a copy of a document in the commissioner's possession to be a 15 true copy of the document; and 16 (b) an extract from a document in the commissioner's possession to 17 be a true extract from the document. 18 `(2) A copy of, or extract from, a document certified under 19 subsection (1) is evidence of the document, or the relevant part of the 20 document.'. 21 of s 51 (Regulations) 22 Amendment Clause 34.(1) Section 51, heading-- 23 omit, insert-- 24 `Regulation-making power'. 25 (2) Section 51(2)(d), after `employer'-- 26 insert-- 27 `or other person'. 28

 


 

s 35 31 s 37 Revenue and Other Legislation Amendment (3) Section 51(2)(h)-- 1 omit, insert-- 2 `(h) the payment of tax; and'. 3 (4) Section 51(2)(j)-- 4 omit. 5 (5) Section 51-- 6 insert-- 7 `(3) A regulation may impose a penalty of not more than 20 penalty units 8 for a contravention of the regulation.'. 9 PART 6--AMENDMENT OF STAMP ACT 1894 10 amended in pt 6 11 Act Clause 35. This part amends the Stamp Act 1894. 12 of s 29A (Restriction on entry to investigate) 13 Amendment Clause 36. Section 29A(3), after `warrant'-- 14 insert-- 15 `, in the approved form,'. 16 of new s 31AB 17 Insertion Clause 37. After section 31A-- 18 insert-- 19 to company of shares bought back by company is dutiable 20 `Transfer `31AB.(1) This section applies if shares in a company are bought back, 21 or agreed to be bought back, by the company under the Corporations Law, 22 part 2J.1, division 2. 23

 


 

s 38 32 s 40 Revenue and Other Legislation Amendment `(2) The share buy back, or an agreement for buying back the shares, is 1 chargeable with duty as if it were a transfer that gives effect to a sale to and 2 purchase of the shares by another person.'. 3 of s 31H (Duty on transactions on registers of 4 Amendment Queensland incorporated companies) 5 Clause 38.(1) Section 31H(1), `containing such particulars and information as 6 may be prescribed'-- 7 omit, insert-- 8 `in the approved form'. 9 (2) Section 31H(3)(a), `proclaimed'-- 10 omit, insert-- 11 `declared'. 12 (3) Section 31H(6)-- 13 omit, insert-- 14 `(6) A regulation may declare a State or Territory or any country to be a 15 State, Territory or country for this section.'. 16 of s 35A (Persons carrying on credit or rental business to 17 Amendment be registered) 18 Clause 39. Section 35A(4)-- 19 omit. 20 of new s 35AA 21 Insertion Clause 40. After section 35A-- 22 insert-- 23 of registration of persons carrying on credit or rental 24 `Certificates business in Queensland 25 `35AA.(1) The commissioner must issue to a person registered under 26 section 35A (a "registered person") a certificate of registration. 27

 


 

s 40 33 s 40 Revenue and Other Legislation Amendment `(2) If a registered person carries on a credit business or rental business 1 in more than 1 place in Queensland, the commissioner must issue a copy of 2 the certificate for each additional place. 3 `(3) If a registered person starts carrying on a credit business or rental 4 business at a place in Queensland for which the commissioner has not 5 issued a certificate under subsection (2)-- 6 (a) the person must give the commissioner written notice of the 7 carrying on of the credit business or rental business at the place 8 having started; and 9 (b) the commissioner must, after receiving the notice, issue a copy of 10 the certificate for the place. 11 `(4) If a registered person stops carrying on a credit business or rental 12 business at a place for which the commissioner has issued a certificate, the 13 person must-- 14 (a) give the commissioner written notice that the carrying on of the 15 credit business or rental business at the place has stopped; and 16 (b) return to the commissioner the certificate or copy of the certificate 17 for the place. 18 `(5) A notice under subsection (3)(a) or (4)(a) must be in the approved 19 form. 20 `(6) A notice-- 21 (a) under subsection (3)(a) must be given within 14 days after the 22 day the carrying on of the credit business or rental business at the 23 place started; or 24 (b) under subsection (4)(a) must be given within 14 days after the 25 day the carrying on of the credit business or rental business at the 26 place stopped. 27 `(7) A registered person must-- 28 (a) keep a certificate or copy of the certificate at each place in 29 Queensland where the person carries on a credit business or rental 30 business; and 31 (b) if asked by a person seeking to transact credit business or rental 32 business with the registered person, produce the certificate or 33

 


 

s 41 34 s 44 Revenue and Other Legislation Amendment copy of the certificate for the person's inspection. 1 Maximum penalty--10 penalty units. 2 `(8) If a person seeking to transact credit business or rental business with 3 another person asks the other person a question about whether or not the 4 other person is a registered person the other person must honestly answer 5 the question. 6 Maximum penalty for subsection (8)--10 penalty units.'. 7 of s 35B (Statements to be lodged by required persons 8 Amendment with the commissioner) 9 Clause 41. Section 35B-- 10 insert-- 11 `(7) If a required person has not carried on any rental or credit business 12 during a calendar month, the person must, by the 21st day of the following 13 month, give to the commissioner a statement in the approved form showing 14 the rental or credit business as `Nil'.'. 15 of s 35E (As to transactions with unregistered persons) 16 Amendment Clause 42. Section 35E(1), `containing such particulars as are prescribed'-- 17 omit, insert-- 18 `in the approved form'. 19 of s 46C (Insurance with no executed policy) 20 Amendment Clause 43. Section 46C(1)(d), `containing prescribed particulars'-- 21 omit, insert-- 22 `in the approved form'. 23 of s 54 (Certain contracts to be chargeable as 24 Amendment conveyances) 25 Clause 44.(1) Section 54(8), from `agreement, but the term does not include'-- 26

 


 

s 45 35 s 45 Revenue and Other Legislation Amendment omit, insert-- 1 `agreement.'. 2 (2) Section 54-- 3 insert-- 4 `(9) However, subsections (7) and (7A) do not apply to a contract or 5 agreement (the "first contract or agreement") if-- 6 (a) there is 1 or more arrangements, contracts or agreements 7 resulting in any of the property the subject of the first contract or 8 agreement being conveyed, or agreed to be conveyed, other than 9 by the first contract or agreement; and 10 (b) the purchaser under the first contract or agreement receives a 11 direct or indirect financial benefit under the arrangements, 12 contracts or agreements. 13 `(10) In subsection (9)-- 14 "financial benefit" does not include a benefit arising merely because the 15 purchaser under the first contract or agreement-- 16 (a) is released from the purchaser's obligations under the first 17 contract or agreement; or 18 (b) acquires a right or benefit in respect of all or part of the property 19 the subject of the first contract or agreement.'. 20 of s 56B (Unit trust schemes) 21 Amendment Clause 45. Section 56B(1A)-- 22 omit, insert-- 23 `(1A) If the commissioner is satisfied-- 24 (a) units in a unit trust scheme (the "start up units") will be issued 25 to the public to an extent and with the entitlements set out in the 26 definition "public unit trust scheme" in subsection (1) within 27 1 year after the first issue of units to the public; and 28 (b) the start up units are the only units in the unit trust scheme to be 29 issued from and including the first issue to the public until the 30 unit trust scheme becomes a public unit trust scheme (the 31

 


 

s 46 36 s 47 Revenue and Other Legislation Amendment "start-up period"; 1 the unit trust scheme is taken to be a public unit trust scheme during the 2 start-up period.'. 3 of s 83 (Regulations) 4 Amendment Clause 46.(1) Section 83, heading-- 5 omit, insert-- 6 `Regulation-making power'. 7 (2) Section 83(2)-- 8 insert-- 9 `(ab) fees to be paid under this Act; and 10 (ac) the payment of duty under this Act; and'. 11 (3) Section 83(2)(e)-- 12 omit. 13 (4) Section 83-- 14 insert-- 15 `(3) A regulation may impose a penalty of not more than 20 penalty units 16 for a contravention of the regulation.'. 17 of new ss 88 and 89 18 Insertion Clause 47. After section 87-- 19 insert-- 20 not payable on Suncorp Metway notes 21 `Duty `88.(1) For this Act, an Exchanging Instalment Note Series 2 issued 22 under the deed poll signed by the State on 8 October 1998 is not, and is 23 taken never to have been, a marketable security or a right in respect of 24 shares. 25 `(2) To remove any doubt, it is declared that-- 26 (a) schedule 1, under the heading "Conveyance or transfer", 27

 


 

s 48 37 s 48 Revenue and Other Legislation Amendment subparagraph (4), does not apply to the conveyance or transfer of 1 an Exchanging Instalment Note Series 2; and 2 (b) subsection (1) does not apply to an Exchanging Instalment Note 3 Series 2 on and from the day the note becomes a share. 4 of certain exemptions from duty for applications involving 5 `Validation registration of motor vehicles 6 `89. Exemptions 5(f) to (j) and 5A in schedule 1, under the heading 7 `Application for registration or application for transfer of registration of a 8 motor vehicle' are taken to have had effect on and from 26 April 1988.'. 9 of sch 1 (Stamp duties on instruments) 10 Amendment Clause 48.(1) Schedule 1, under the heading `Application for registration or 11 application for transfer of registration of a motor vehicle', exemption 5-- 12 insert-- 13 `(f) an ex-service person for a motor vehicle not used for commercial 14 purposes if, because of an injury or condition resulting from war 15 service, the ex-service person is entitled to receive a concession 16 for motor vehicle registration fees payable under the Transport 17 Operations (Road Use Management) Regulation 1995; 18 (g) a hirer who has redeemed a motor vehicle that was previously 19 repossessed, if the registration of the motor vehicle is recorded in 20 the same name as before repossession; 21 (h) a person who has lost the use of 1 or both legs and the motor 22 vehicle is used for transport to and from the place of employment 23 because of inability to use public transport; 24 (i) a disabled person for a motorised wheelchair used for private 25 purposes; 26 (j) the Governor.'. 27 (2) Schedule 1, under the heading `Application for registration or 28 application for transfer of registration of a motor vehicle', Exemptions-- 29 insert-- 30

 


 

s 49 38 s 49 Revenue and Other Legislation Amendment `5A. Any application for transfer of registration by way of gift from an 1 individual to-- 2 (a) the individual's spouse, parent or child or any 2 or more of them 3 jointly; or 4 (b) the individual and the individual's spouse, parent or child or any 5 2 or more of them jointly.'. 6 PART 7--MINOR AMENDMENTS OF ACTS 7 amended--schedule 8 Acts Clause 49. The schedule amends the Acts mentioned in it. 9 10

 


 

39 Revenue and Other Legislation Amendment CHEDULE 1 S MINOR AMENDMENTS OF ACTS 2 section 49 3 AND TAX ACT 1915 4 L 1. Section 3F(1)(a), `time;'-- 5 omit, insert-- 6 `time; or'. 7 2. Section 11BA(1)(a), `BCCM Act'-- 8 omit, insert-- 9 `Body Corporate and Community Management Act 1997'. 10 3. Section 11C(3), `60'-- 11 omit, insert-- 12 `61'. 13 4. Section 25(2)(a), `together with'-- 14 omit, insert-- 15 `and'. 16

 


 

40 Revenue and Other Legislation Amendment SCHEDULE (continued) REVENUE LAWS (RECIPROCAL POWERS) ACT 1988 1 1. Section 7, from `and is liable to a penalty'-- 2 omit. 3 2. Section 7-- 4 insert-- 5 `Maximum penalty--40 penalty units or 3 months imprisonment.'. 6 3. Section 11(3), penalty-- 7 omit, insert-- 8 `Maximum penalty for subsection (3)--100 penalty units or 12 months 9 imprisonment.'. 10 4. Section 13(3), penalty-- 11 omit, insert-- 12 `Maximum penalty for subsection (3)--200 penalty units or 6 months 13 imprisonment.'. 14 5. Section 14, penalty-- 15 omit, insert-- 16 `Maximum penalty--200 penalty units or 6 months imprisonment.'. 17

 


 

41 Revenue and Other Legislation Amendment SCHEDULE (continued) 6. Section 20(1) and (2), penalty-- 1 omit, insert-- 2 `Maximum penalty--100 penalty units or 12 months imprisonment.'. 3 4 State of Queensland 1998

 


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