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Queensland
Revenue and Other
Legislation Amendment
Bill 2010
Queensland
Revenue and Other Legislation
Amendment Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Community Ambulance Cover Act 2003
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Replacement of s 48 (Commonwealth exemption). . . . . . . . . . . . 10
48 Commonwealth exemption . . . . . . . . . . . . . . . . . . . . . 11
6 Replacement of s 60 (Commonwealth exemption). . . . . . . . . . . . 11
60 Commonwealth exemption . . . . . . . . . . . . . . . . . . . . . 11
7 Amendment of s 103 (Payment to commissioner of received
levy amounts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Insertion of new pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 14 Transitional provisions for Revenue and Other
Legislation Amendment Act 2010
164 Exemption under s 48(b) . . . . . . . . . . . . . . . . . . . . . . 12
165 Exemption under s 60(b) . . . . . . . . . . . . . . . . . . . . . . 12
Part 3 Amendment of Duties Act 2001
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Amendment of s 52 (Contracted property) . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 63 (What is the value of a trust acquisition or
trust surrender). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 Amendment of s 73 (What is a funds manager). . . . . . . . . . . . . . 14
13 Amendment of s 85 (Purpose of pt 9) . . . . . . . . . . . . . . . . . . . . . 14
14 Amendment of s 86 (What is a home and a first home) . . . . . . . . 15
15 Amendment of s 86B (What is a first home for a residence to be
constructed on vacant land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Revenue and Other Legislation Amendment Bill 2010
Contents
16 Amendment of s 86D (What is a vacant land concession
beneficiary) ................................... 16
17 Amendment of s 89 (What is a person's transfer date for
residential land or vacant land). . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Replacement of s 90 (What is the dutiable value of residential
land or vacant land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
90 What is the dutiable value of residential land or
vacant land .......................... 17
19 Amendment of s 91 (Concession--home) . . . . . . . . . . . . . . . . . . 17
20 Amendment of s 92 (Concession--first home). . . . . . . . . . . . . . . 18
21 Amendment of s 93 (Concession--mixed and multiple claims for
individuals--residential land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Amendment of s 93A (Concession--mixed and multiple claims
for individuals--vacant land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Amendment of s 94 (Concession--mixed and multiple claims for
trustees--residential land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Amendment of s 94A (Concession--mixed and multiple claims
for trustees--vacant land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
25 Amendment of s 117 (Exemption--change of trustee) . . . . . . . . 23
26 Insertion of new s 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
122 Exemption--restructure of stapled entities. . . . . . . . . 24
27 Amendment of s 130 (Exemption--other transfers of scheme
property of registered managed investment scheme) . . . . . . . . . 25
28 Replacement of s 143 (Exemption--change of tenure) . . . . . . . . 26
143 Exemption--change of tenure . . . . . . . . . . . . . . . . . . 26
29 Amendment of s 151 (Exemption--particular residences) . . . . . . 27
30 Amendment of s 153 (Reassessment--disposal after
occupation date for residence) . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
31 Amendment of s 154 (Reassessment--noncompliance with
occupancy requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
32 Amendment of s 155 (When transferees must give notice for
reassessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
33 Insertion of new ch 2, pt 14, div 3. . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 3 Other reassessment
156A Reassessment of duty for cancelled transfer of
dutiable property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
34 Amendment of s 166 (What is a subsidiary of a corporation) . . . 31
35 Insertion of new s 193A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
193A Exemption--restructure of stapled entities. . . . . . . . . 32
Page 2
Revenue and Other Legislation Amendment Bill 2010
Contents
36 Amendment of s 197 (When commissioner must make
reassessment) ................................. 33
37 Amendment of s 198 (Registration of charge over land for
unpaid land rich duty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
38 Omission of s 199 (Release of charge) . . . . . . . . . . . . . . . . . . . . 35
39 Amendment of s 213 (Contracted property) . . . . . . . . . . . . . . . . . 35
40 Amendment of s 222 (What is the dutiable value of a relevant
acquisition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
41 Amendment of s 353 (What is a premium). . . . . . . . . . . . . . . . . . 36
42 Replacement of s 354 (Who is a general insurer) . . . . . . . . . . . . 37
354 Who is a general insurer . . . . . . . . . . . . . . . . . . . . . . 37
43 Replacement of s 355 (Who is a life insurer) . . . . . . . . . . . . . . . . 37
355 Who is a life insurer . . . . . . . . . . . . . . . . . . . . . . . . . . 37
44 Amendment of s 357 (Who is liable to pay insurance duty) . . . . . 37
45 Amendment of s 360 (When insurance duty is payable--life
insurance) ................................. 38
46 Replacement of ch 8, pt 5, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 38
47 Amendment of s 369 (General and life insurers to be registered) 38
48 Amendment of s 370 (Lodging returns and payment of
insurance duty) ................................... 38
49 Replacement of s 371 (Application of pt 6) . . . . . . . . . . . . . . . . . 39
371 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
50 Amendment of s 372 (Lodging statement and payment of
insurance duty). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
51 Amendment of s 407 (Group property for intra-group transfer of
property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
52 Amendment of s 416 (Start of use requirement) . . . . . . . . . . . . . 41
53 Amendment of s 419 (Reassessment--noncompliance with use
requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
54 Amendment of s 427 (Exemption--particular instruments and
transactions under Associations Incorporation Act) . . . . . . . . . . . 42
55 Amendment of s 437 (Application for registration to carry on
particular businesses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
56 Amendment of s 445 (Notice of registration) . . . . . . . . . . . . . . . . 43
57 Amendment of s 452 (Notice of registration) . . . . . . . . . . . . . . . . 43
58 Amendment of s 455 (Lodging returns) . . . . . . . . . . . . . . . . . . . . 44
59 Amendment of s 455A (Lodging transaction statements) . . . . . . 44
60 Amendment of s 465 (Grounds for suspension or cancellation). . 45
61 Insertion of new s 469A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Page 3
Revenue and Other Legislation Amendment Bill 2010
Contents
469A Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . 46
62 Amendment of s 470 (Cancellation of registration--ceasing to
carry on business) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
63 Replacement of s 481 (Offence to endorse instrument unless
self assessor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
481 Offence for person other than self assessor to
endorse instrument. . . . . . . . . . . . . . . . . . . . . . . . . . . 49
64 Amendment of s 506A (Refunding stamp duty) . . . . . . . . . . . . . . 49
65 Insertion of new ch 17, pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Part 13 Transitional provisions for Revenue and Other
Legislation Amendment Act 2010
614 References to an acquisition mentioned in s 85(b) . . 49
615 Exemption under s 117. . . . . . . . . . . . . . . . . . . . . . . . 50
616 Exemption under s 151. . . . . . . . . . . . . . . . . . . . . . . . 50
617 Charge mentioned in s 198 . . . . . . . . . . . . . . . . . . . . 50
618 Registered general insurers and registered life
insurers ............................... 50
619 Date of effect of particular provisions . . . . . . . . . . . . . 50
620 Start of use requirement under s 416. . . . . . . . . . . . . 51
66 Amendment of sch 3 (Rates of duty on dutiable transactions and
relevant acquisitions for land rich and corporate trustee duty) . . . 51
67 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 4 Amendment of First Home Owner Grant Act 2000
68 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
69 Amendment of s 5 (Meaning of eligible transaction) . . . . . . . . . . 53
70 Amendment of s 49 (Registering charge over land) . . . . . . . . . . . 53
71 Insertion of new ss 49A-49D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
49A Collection of amounts from a garnishee. . . . . . . . . . . 53
49B Duration of garnishee notice . . . . . . . . . . . . . . . . . . . 55
49C Effect of discharge of debt on garnishee notice . . . . . 55
49D Effect of payment by garnishee . . . . . . . . . . . . . . . . . 55
72 Amendment of s 68 (Offence to disclose confidential
information) ................................ 56
73 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Part 9 Transitional provisions for Revenue and Other
Legislation Amendment Act 2010
75 Definition for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
76 Continuing operation of pre-amended s 5 . . . . . . . . . 56
Page 4
Revenue and Other Legislation Amendment Bill 2010
Contents
77 Charge mentioned in s 49 . . . . . . . . . . . . . . . . . . . . . 57
74 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Part 5 Amendment of GST and Related Matters Act 2000
75 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
76 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
77 Omission of pt 2 (Intergovernmental agreement) . . . . . . . . . . . . . 58
78 Omission of sch (Intergovernmental agreement on the reform of
Commonwealth-State financial relations) . . . . . . . . . . . . . . . . . . . 58
Part 6 Amendment of Infrastructure Investment (Asset
Restructuring and Disposal) Act 2009
79 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
80 Amendment of s 5 (Declared projects). . . . . . . . . . . . . . . . . . . . . 58
81 Amendment of s 6 (Declared entities) . . . . . . . . . . . . . . . . . . . . . 59
82 Amendment of s 8 (Associated activities) . . . . . . . . . . . . . . . . . . 59
83 Amendment of s 9 (Transfer notice) . . . . . . . . . . . . . . . . . . . . . . . 59
84 Amendment of s 10 (Limitation on power to second employees
of a declared entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
85 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
10A Workforce transition code of practice . . . . . . . . . . . . . 61
86 Amendment of s 11 (Project direction) . . . . . . . . . . . . . . . . . . . . . 62
87 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
11A Change of status or ownership. . . . . . . . . . . . . . . . . . 63
88 Replacement of s 15 (Non-application of Property Law Act
1974, s 121) ...................................... 63
15 Non-application of Property Law Act 1974, s 121
and pt 8, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
15A Particular lease provisions about fixtures have force
of law .................................. 64
15B Other lease provisions also have force of law . . . . . . 65
89 Insertion of new s 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
17A Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
90 Amendment of s 21 (Disclosure and use of information for a
declared project). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
91 Amendment of s 24 (Preservation of rights of seconded
employees) ..................................... 67
92 Amendment of s 25 (Preservation of rights of transferred
employees) ..................................... 67
93 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 68
Page 5
Revenue and Other Legislation Amendment Bill 2010
Contents
Part 7 Amendment of Land Tax Act 1915
94 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
95 Amendment of s 37 (Tax to be a first charge on land) . . . . . . . . . 68
Part 8 Amendment of Payroll Tax Act 1971
96 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
97 Amendment of s 3 (Meaning of superannuation contribution) . . . 69
98 Replacement of s 9 (Wages liable to payroll tax) . . . . . . . . . . . . . 69
Subdivision 1 Wages liable to payroll tax
8A Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 69
9 Wages liable to payroll tax--nexus with Queensland. 69
9A State in which employee is based . . . . . . . . . . . . . . . 72
9B State in which employer is based . . . . . . . . . . . . . . . . 73
9C Place and day of payment of wages. . . . . . . . . . . . . . 74
99 Amendment of s 13W (Place where wages are paid or payable). 75
100 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
15A Exemption for services performed or rendered
entirely in another country . . . . . . . . . . . . . . . . . . . . . 75
101 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Part 9 Transitional provisions for Revenue and Other
Legislation Amendment Act 2010
Division 1 Interpretation
135 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 2 Application of amended Act and
Administration Act
136 Application of amended Act . . . . . . . . . . . . . . . . . . . . 77
137 Exemption of penalty under s 90 . . . . . . . . . . . . . . . . 77
138 Remission of unpaid tax interest and penalty tax
under the Administration Act . . . . . . . . . . . . . . . . . . . 77
139 Exemption for offences . . . . . . . . . . . . . . . . . . . . . . . . 77
140 Reassessment--final return included excluded
wages .............................. 78
102 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 79
Part 9 Amendment of State Financial Institutions and Metway
Merger Facilitation Act 1996
103 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
104 Amendment of s 64 (Metway group companies' articles to
include certain provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
105 Amendment of s 71 (Obligation for existing insurance liabilities) . 80
Page 6
Revenue and Other Legislation Amendment Bill 2010
Contents
Part 10 Amendment of Superannuation (State Public Sector) Act
1990
106 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
107 Amendment of s 13A (Continuation of eligibility for
membership after transfer of employment). . . . . . . . . . . . . . . . . . 81
108 Amendment of s 13AA (Continuation of eligibility for
membership after employer ceases to be unit of State public
sector) ......................................... 82
Part 11 Amendment of Taxation Administration Act 2001
109 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
110 Amendment of s 39 (General provision about refunds) . . . . . . . . 83
111 Insertion of new pt 4, div 5, sdiv 1A . . . . . . . . . . . . . . . . . . . . . . . 84
Subdivision 1A Registration and release of charges
47A Definition for sdiv 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 84
47B Registration of charge over land. . . . . . . . . . . . . . . . . 84
47C Release of charge over land. . . . . . . . . . . . . . . . . . . . 84
47D Recovery of fees paid by commissioner. . . . . . . . . . . 85
112 Amendment of s 54 (Unpaid tax interest). . . . . . . . . . . . . . . . . . . 85
113 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 86
Part 12 Amendment of Trans-Tasman Mutual Recognition
(Queensland) Act 2003
114 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
115 Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . 87
116 Amendment of s 7 (Endorsing proposed regulations under the
Commonwealth Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
117 Omission of s 15 (Authorisation to make gazette notice) . . . . . . . 87
118 Omission of schedule (Authorised gazette notice) . . . . . . . . . . . . 88
Page 7
2010
A Bill
for
An Act to amend the Community Ambulance Cover Act 2003,
the Duties Act 2001, the First Home Owner Grant Act 2000, the
GST and Related Matters Act 2000, the Infrastructure
Investment (Asset Restructuring and Disposal) Act 2009, the
Land Tax Act 1915, the Pay-roll Tax Act 1971, the State
Financial Institutions and Metway Merger Facilitation Act 1996,
the Superannuation (State Public Sector) Act 1990, the Taxation
Administration Act 2001 and the Trans-Tasman Mutual
Recognition (Queensland) Act 2003 for particular purposes
Revenue and Other Legislation Amendment Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Revenue and Other Legislation 4
Amendment Act 2010. 5
Clause 2 Commencement 6
(1) Section 69 and section 73, other than to the extent it inserts 7
new section 77, commence on 31 March 2010. 8
(2) Part 9 commences on a day to be fixed by proclamation. 9
Part 2 Amendment of Community 10
Ambulance Cover Act 2003 11
Clause 3 Act amended 12
This part amends the Community Ambulance Cover Act 2003. 13
Clause 4 Omission of s 2 (Commencement) 14
Section 2-- 15
omit. 16
Clause 5 Replacement of s 48 (Commonwealth exemption) 17
Section 48-- 18
omit, insert-- 19
Page 10
Revenue and Other Legislation Amendment Bill 2010
Part 2 Amendment of Community Ambulance Cover Act 2003
[s 6]
`48 Commonwealth exemption 1
`A power card arrangement is an exempt power card 2
arrangement if-- 3
(a) the owner for the arrangement is the Commonwealth; or 4
(b) the power card premises for the arrangement are used by 5
the Commonwealth. 6
Note-- 7
In relation to paragraph (b), see also section 164.'. 8
Clause 6 Replacement of s 60 (Commonwealth exemption) 9
Section 60-- 10
omit, insert-- 11
`60 Commonwealth exemption 12
`An on-supply arrangement is an exempt on-supply 13
arrangement if-- 14
(a) the on-supplier for the arrangement is the 15
Commonwealth; or 16
(b) the separate area for the arrangement is used by the 17
Commonwealth. 18
Note-- 19
In relation to paragraph (b), see also section 165.'. 20
Clause 7 Amendment of s 103 (Payment to commissioner of 21
received levy amounts) 22
(1) Section 103(3)-- 23
omit, insert-- 24
`(3) Despite subsections (1) and (2)-- 25
(a) if the electricity retailer is authorised under division 8 to 26
pay a refund, the electricity retailer may pay the refund 27
out of levy amounts collected; and 28
Page 11
Revenue and Other Legislation Amendment Bill 2010
Part 2 Amendment of Community Ambulance Cover Act 2003
[s 8]
(b) the electricity retailer may set-off, from the amount 1
payable to the commissioner-- 2
(i) if a cheque was used to pay a levy amount and the 3
cheque was later dishonoured--the amount of the 4
dishonoured cheque that relates to the levy amount 5
paid; or 6
(ii) if a credit card was used to pay a levy amount and 7
the credit card transaction was later reversed--the 8
amount of the reversed transaction that relates to 9
the levy amount paid.'. 10
(2) Section 103(5)-- 11
omit, insert-- 12
`(5) The return must include information about any amount that 13
has not been included in the payment because-- 14
(a) it has been used to pay a refund; or 15
(b) it has been set-off under subsection (3)(b).'. 16
Clause 8 Insertion of new pt 14 17
After section 163-- 18
insert-- 19
`Part 14 Transitional provisions for 20
Revenue and Other Legislation 21
Amendment Act 2010 22
`164 Exemption under s 48(b) 23
`Section 48(b) as in force on the commencement of this 24
section is taken to have had effect on and from 1 July 2003. 25
`165 Exemption under s 60(b) 26
`Section 60(b) as in force on the commencement of this 27
section is taken to have had effect on and from 1 July 2003.'. 28
Page 12
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 9]
Part 3 Amendment of Duties Act 2001 1
Clause 9 Act amended 2
This part amends the Duties Act 2001. 3
Clause 10 Amendment of s 52 (Contracted property) 4
(1) Section 52, heading, after `property'-- 5
insert-- 6
`and trust interests'. 7
(2) Section 52-- 8
insert-- 9
`(1A) If a trust has made a purchase or sale agreement for a trust 10
interest, the trust is taken to have an indirect interest in the 11
trust-related dutiable property.'. 12
(3) Section 52(3)-- 13
omit, insert-- 14
`(3) Subsection (3A) applies if-- 15
(a) contracted property, or an indirect interest in dutiable 16
property mentioned in subsection (1A), is included in 17
determining the dutiable value of a trust creation, trust 18
termination, trust acquisition or trust surrender; and 19
(b) afterwards, the sale agreement for the property or trust 20
interest is completed or the purchase agreement for the 21
property or trust interest is not completed. 22
`(3A) The commissioner must make a reassessment as if the 23
contracted property or indirect interest were never held by the 24
trust.'. 25
(4) Section 52-- 26
insert-- 27
`(5) In this section-- 28
Page 13
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 11]
purchase agreement includes an uncompleted agreement, 1
whether or not conditional, for the acquisition of a trust 2
interest through which the trust would have, if the agreement 3
were completed, an indirect interest in dutiable property (the 4
trust-related dutiable property). 5
sale agreement includes an uncompleted agreement, whether 6
or not conditional, for the disposal of a trust interest through 7
which the trust has an indirect interest in dutiable property 8
(also the trust-related dutiable property).'. 9
Clause 11 Amendment of s 63 (What is the value of a trust 10
acquisition or trust surrender) 11
Section 63(1), note, after `property.'-- 12
insert-- 13
`Also, under section 52(1A), the relevant trust may be taken to hold an 14
indirect interest in dutiable property through a trust interest that is the 15
subject of a purchase or sale agreement.'. 16
Clause 12 Amendment of s 73 (What is a funds manager) 17
Section 73(5)-- 18
insert-- 19
`insurer means-- 20
(a) a person who is authorised under the Insurance Act 1973 21
(Cwlth) to carry on an insurance business; or 22
(b) a life company.'. 23
Clause 13 Amendment of s 85 (Purpose of pt 9) 24
Section 85, from `that is the transfer'-- 25
omit, insert-- 26
`that is-- 27
Page 14
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 14]
(a) the transfer, or agreement for the transfer, of a home or 1
first home or of vacant land on which a first home is to 2
be constructed; or 3
(b) the acquisition, on its creation, grant or issue, of a new 4
right that is a lease-- 5
(i) of residential land on which a home or first home is 6
constructed or of vacant land on which a first home 7
is to be constructed; and 8
(ii) for which a premium, fine or other consideration is 9
payable. 10
Note-- 11
In relation to paragraph (b), see also section 614.'. 12
Clause 14 Amendment of s 86 (What is a home and a first home) 13
Section 86-- 14
insert-- 15
`(3) Subsection (2)(a)(ii) does not apply to the interest in land of a 16
lessee of a lease-- 17
(a) of residential land on which a home or first home is 18
constructed; and 19
(b) for which a premium, fine or other consideration is 20
payable.'. 21
Clause 15 Amendment of s 86B (What is a first home for a residence 22
to be constructed on vacant land) 23
Section 86B-- 24
insert-- 25
`(2) Subsection (1)(b)(i)(B) does not apply to the interest in land 26
of a lessee of a lease-- 27
(a) of residential land on which a home or first home is 28
constructed; and 29
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Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 16]
(b) for which a premium, fine or other consideration is 1
payable.'. 2
Clause 16 Amendment of s 86D (What is a vacant land concession 3
beneficiary) 4
(1) Section 86D(1)-- 5
omit, insert-- 6
`(1) A person is a vacant land concession beneficiary in relation 7
to particular land if-- 8
(a) the person was-- 9
(i) a transferee under a dutiable transaction that was 10
the transfer, or agreement for the transfer, of the 11
land; or 12
(ii) a lessee under a dutiable transaction that was the 13
acquisition, mentioned in section 85(b), of a lease 14
of the land; and 15
(b) under section 92 or 93A, a concession applied to the 16
transaction; and 17
(c) at the time of the transaction, the land was vacant land.'. 18
(2) Section 86D(2), `(1)(a)(ii)'-- 19
omit, insert-- 20
`(1)(b)'. 21
Clause 17 Amendment of s 89 (What is a person's transfer date for 22
residential land or vacant land) 23
Section 89, from `that is'-- 24
omit, insert-- 25
`that is-- 26
(a) the transfer, or agreement for the transfer, of the land; or 27
(b) the acquisition, mentioned in section 85(b), of a lease of 28
the land.'. 29
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Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 18]
Clause 18 Replacement of s 90 (What is the dutiable value of 1
residential land or vacant land) 2
Section 90-- 3
omit, insert-- 4
`90 What is the dutiable value of residential land or 5
vacant land 6
`(1) Subsection (2) applies to a dutiable transaction that is either of 7
the following in relation to residential land or vacant land-- 8
(a) a transfer, or agreement for the transfer, of the land; 9
(b) an acquisition, mentioned in section 85(b), of a lease of 10
the land. 11
`(2) The dutiable value of the land to which the transaction relates 12
is as follows-- 13
(a) for a transaction mentioned in subsection (1)(a)--the 14
part of the dutiable value of the transaction that is 15
attributable to the land; 16
(b) for a transaction mentioned in subsection (1)(b)--the 17
part of the dutiable value of the transaction that is 18
attributable to the interest acquired in the land.'. 19
Clause 19 Amendment of s 91 (Concession--home) 20
(1) Section 91(1)(a)-- 21
omit, insert-- 22
`(a) a dutiable transaction is either of the following-- 23
(i) the transfer, or agreement for the transfer, of 24
residential land; 25
(ii) the acquisition, mentioned in section 85(b), of a 26
lease of residential land; and'. 27
(2) Section 91(1)(b)(i) and (ii), after `transferees'-- 28
insert-- 29
`or lessees'. 30
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Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 20]
Clause 20 Amendment of s 92 (Concession--first home) 1
(1) Section 92(1)(a)-- 2
omit, insert-- 3
`(a) a dutiable transaction is either of the following-- 4
(i) the transfer, or agreement for the transfer, of 5
residential land or vacant land; 6
(ii) the acquisition, mentioned in section 85(b), of a 7
lease of residential land or vacant land; and'. 8
(2) Section 92(1)(b)(i) and (ii), after `transferees'-- 9
insert-- 10
`or lessees'. 11
(3) Section 92(1)(c)(ii), from `the transfer'-- 12
omit, insert-- 13
`dutiable transaction is at least the unencumbered value of the 14
land.'. 15
(4) Section 92(2)(a) and (b), `that is the transfer, or agreement for 16
the transfer, of'-- 17
omit, insert-- 18
`mentioned in subsection (1)(a) in relation to'. 19
(5) Section 92(3), after `transferee'-- 20
insert-- 21
`or lessee'. 22
Clause 21 Amendment of s 93 (Concession--mixed and multiple 23
claims for individuals--residential land) 24
(1) Section 93(1) to (3)-- 25
omit, insert-- 26
`(1) This section applies if-- 27
(a) a dutiable transaction is either of the following (each a 28
relevant transaction)-- 29
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Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 21]
(i) the transfer, or agreement for the transfer, of 1
residential land; 2
(ii) the acquisition, mentioned in section 85(b), of a 3
lease of residential land; and 4
(b) there is more than 1 transferee or lessee of the 5
residential land to which the transaction relates; and 6
(c) the residence is-- 7
(i) the home or first home of all the transferees (the 8
relevant transferees) or all the lessees (the 9
relevant lessees); or 10
(ii) the home or first home of 1 or more of the 11
transferees (also the relevant transferees) or 1 or 12
more of the lessees (also the relevant lessees) but 13
not all transferees or all lessees; and 14
(d) the relevant transferees or relevant lessees are 15
individuals. 16
`(2) Also, this section applies if-- 17
(a) a dutiable transaction is a relevant transaction in relation 18
to residential land on which more than 1 residence is 19
constructed; and 20
(b) 1 or more of the residences is, for 1 or more of the 21
transferees (also the relevant transferees) or 1 or more 22
of the lessees (also the relevant lessees), a home or first 23
home; and 24
(c) the relevant transferees or relevant lessees are 25
individuals. 26
`(3) In addition, this section applies if a dutiable transaction is a 27
relevant transaction in relation to a part interest in residential 28
land that, if it were in relation to the whole interest in the land, 29
would be a dutiable transaction to which this section applies 30
under subsection (1) or (2), other than the requirement for 31
more than 1 transferee or lessee.'. 32
(2) Section 93(3A), (3B), (4)(a), (5)(a), (6A) and (7), after 33
`relevant transferee'-- 34
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Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 22]
insert-- 1
`or relevant lessee'. 2
(3) Section 93(4)(a), (5)(a), and (6)(c), `the transferee's 3
interest'-- 4
omit, insert-- 5
`the transferee's or lessee's interest'. 6
(4) Section 93(4)(b)(i), (5)(b)(i), (6)(b) and (6)(c), `relevant 7
transferee's interest'-- 8
omit, insert-- 9
`relevant transferee's or relevant lessee's interest'. 10
(5) Section 93(5)(b)(ii), `transferees' interests'-- 11
omit, insert-- 12
`transferees' or relevant lessees' interests'. 13
(6) Section 96(6)(b), after `of the transferee'-- 14
insert-- 15
`or lessee'. 16
(7) Section 93(6)(b)(ii), after `transferees'-- 17
insert-- 18
`or lessees'. 19
(8) Section 93(6A) and (7), `transferee's home'-- 20
omit, insert-- 21
`transferee's or lessee's home'. 22
Clause 22 Amendment of s 93A (Concession--mixed and multiple 23
claims for individuals--vacant land) 24
(1) Section 93A(1) and (2)-- 25
omit, insert-- 26
`(1) This section applies if-- 27
Page 20
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 22]
(a) a dutiable transaction is either of the following (each a 1
relevant transaction)-- 2
(i) the transfer, or agreement for the transfer, of vacant 3
land; 4
(ii) the acquisition, mentioned in section 85(b), of a 5
lease of vacant land; and 6
(b) there is more than 1 transferee or lessee of the vacant 7
land to which the transaction relates; and 8
(c) the residence, when constructed, will be the first home 9
of 1 or more of the transferees (the relevant transferees) 10
or 1 or more of the lessees (the relevant lessees) but not 11
all transferees or all lessees; and 12
(d) the relevant transferees or relevant lessees are 13
individuals. 14
`(2) In addition, this section applies if a dutiable transaction is a 15
relevant transaction in relation to a part interest in vacant land 16
that, if it were in relation to the whole interest in the land, 17
would be a dutiable transaction to which this section applies 18
under subsection (1), other than the requirement for more than 19
1 transferee or lessee.'. 20
(2) Section 93A(3), (4), (5)(a) and (b) and (6), after `relevant 21
transferee'-- 22
insert-- 23
`or relevant lessee'. 24
(3) Section 93A(5)(a) and (b) and (6), `transferee's interest'-- 25
omit, insert-- 26
`transferee's or relevant lessee's interest'. 27
(4) Section 93A(6)(a), after `transferees'-- 28
insert-- 29
`or all the lessees'. 30
Page 21
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 23]
Clause 23 Amendment of s 94 (Concession--mixed and multiple 1
claims for trustees--residential land) 2
(1) Section 94(1)(a)-- 3
omit, insert-- 4
`(a) a dutiable transaction is either of the following-- 5
(i) the transfer, or agreement for the transfer, of 6
residential land; 7
(ii) the acquisition, mentioned in section 85(b), of a 8
lease of residential land; and'. 9
(2) Section 94(1)(b), after `transferee'-- 10
insert-- 11
`or lessee'. 12
(3) Section 94(2), after `transferees'-- 13
insert-- 14
`or lessees'. 15
Clause 24 Amendment of s 94A (Concession--mixed and multiple 16
claims for trustees--vacant land) 17
(1) Section 94A(1)(a)-- 18
omit, insert-- 19
`(a) a dutiable transaction is either of the following-- 20
(i) the transfer, or agreement for the transfer, of vacant 21
land; 22
(ii) the acquisition, mentioned in section 85(b), of a 23
lease of vacant land; and'. 24
(2) Section 94A(1)(b), after `transferee'-- 25
insert-- 26
`or lessee'. 27
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Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 25]
(3) Section 94A(2), after `transferees'-- 1
insert-- 2
`or lessees'. 3
Clause 25 Amendment of s 117 (Exemption--change of trustee) 4
Section 117-- 5
insert-- 6
`(2) Also, transfer duty is not imposed on a dutiable transaction for 7
the sole purpose of giving effect to a change of a trustee if-- 8
(a) the transaction is part of an arrangement involving a 9
change in the rights or interest of a beneficiary of the 10
trust; and 11
(b) transfer duty has been paid on all trust acquisitions or 12
trust surrenders-- 13
(i) of trust interests in the trust made under the 14
arrangement; and 15
(ii) for which transfer duty is imposed; and 16
(c) transfer duty has been paid on all trust acquisitions or 17
trust surrenders for which transfer duty is imposed for 18
the trust before the transaction; and 19
(d) the change of trustee is not part of an arrangement to 20
avoid the imposition of duty. 21
Note-- 22
In relation to subsection (2), see also section 615.'. 23
Clause 26 Insertion of new s 122 24
After section 121-- 25
insert-- 26
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Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 26]
`122 Exemption--restructure of stapled entities 1
`(1) Transfer duty is not imposed on a dutiable transaction that is a 2
trust acquisition or trust surrender of a trust interest in a listed 3
unit trust or a widely held unit trust if-- 4
(a) the purpose of the transaction is to give effect to a 5
scheme that qualifies or would, on its completion, 6
qualify as a roll-over under the Income Tax Assessment 7
Act 1997 (Cwlth), subdivision 124.Q; and 8
(b) when the scheme is completed, the interposed trust will 9
be a listed unit trust or a widely held unit trust; and 10
(c) the transaction is not part of an arrangement to avoid the 11
imposition of transfer duty. 12
`(2) Subsection (1) does not apply if-- 13
(a) the interposed trust is not a listed unit trust or a widely 14
held unit trust when the scheme is completed; or 15
(b) the interposed trust ceases to be a listed unit trust or a 16
widely held unit trust within 3 years after the scheme is 17
completed; or 18
(c) the interposed trust does not retain all the ownership 19
interests in the stapled entities for at least 3 years after 20
the date of the transaction. 21
`(3) Despite subsection (2)(c), subsection (1) continues to apply if 22
the commissioner is satisfied the interposed trust did not 23
retain all the ownership interests because 1 or more of the 24
stapled entities ceased to exist other than under an 25
arrangement, a significant purpose of which was to avoid the 26
requirement to retain all the ownership interests for at least 3 27
years. 28
`(4) If subsection (1) does not apply, the commissioner must make 29
a reassessment to impose transfer duty on the transaction as if 30
the exemption from duty had never applied. 31
`(5) Subsection (4) applies to the reassessment despite the 32
limitation period under the Administration Act for 33
reassessments. 34
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Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 27]
Editor's note-- 1
See the Administration Act, part 3, division 3. 2
`(6) If an event mentioned in subsection (2) happens, a party to the 3
transaction must, within 28 days after the event happens-- 4
(a) give notice of the event to the commissioner in the 5
approved form; and 6
(b) ensure the instruments required for the assessment of 7
duty on the transaction are lodged for reassessment. 8
Note-- 9
Failure to give the notice is an offence under the Administration 10
Act, section 120. 11
`(7) Without limiting subsection (3), a company registered under 12
the Corporations Act ceases to exist if it is deregistered under 13
that Act.'. 14
Clause 27 Amendment of s 130 (Exemption--other transfers of 15
scheme property of registered managed investment 16
scheme) 17
(1) Section 130(1)-- 18
omit, insert-- 19
`(1) Transfer duty is not imposed on the following dutiable 20
transactions (relevant transactions)-- 21
(a) for scheme property of a registered managed investment 22
scheme other than a trust interest--a transfer, or 23
agreement for the transfer, of the scheme property from 24
1 property holder for the scheme to the other property 25
holder for the scheme; or 26
(b) for scheme property of a registered managed investment 27
scheme that is a trust interest--a trust acquisition made 28
by 1 property holder for the scheme, if the trust interest 29
was held by the other property holder for the scheme 30
immediately before the acquisition.'. 31
(2) Section 130(2), `transfer or agreement'-- 32
omit, insert-- 33
Page 25
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 28]
`relevant transaction'. 1
(3) Section 130(2)(b), `property is transferred or agreement is 2
made'-- 3
omit, insert-- 4
`relevant transaction happens'. 5
(4) Section 130-- 6
insert-- 7
`(3) In this section-- 8
property holder, for a registered managed investment scheme, 9
means-- 10
(a) the responsible entity of the scheme; or 11
(b) a person as primary custodian for the responsible entity 12
of the scheme. 13
scheme property includes a trust interest of a registered 14
managed investment scheme held by a property holder for the 15
scheme.'. 16
Clause 28 Replacement of s 143 (Exemption--change of tenure) 17
Section 143-- 18
omit, insert-- 19
`143 Exemption--change of tenure 20
`(1) Transfer duty is not imposed on an agreement for a transfer 21
entered into, or a transfer made, solely for the purpose of 22
changing the registered ownership of property-- 23
(a) from tenants in common to joint tenants; or 24
(b) from joint tenants to tenants in common. 25
`(2) Subsection (1) applies only if-- 26
(a) the total value of the co-owners' interests in the property 27
immediately before the agreement was entered into, or 28
the transfer had effect, is not changed; and 29
Page 26
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 29]
(b) either-- 1
(i) for subsection (1)(a)--immediately before the 2
agreement was entered into or the transfer had 3
effect, the owners held the property as tenants in 4
common in equal shares; or 5
(ii) for subsection (1)(b)--after the transfer has effect, 6
the owners hold the property as tenants in common 7
in equal shares.'. 8
Clause 29 Amendment of s 151 (Exemption--particular residences) 9
Section 151-- 10
insert-- 11
`(2) Subsection (1) applies even if liability under a mortgage over 12
the interest in the land, in existence immediately before the 13
transaction, is assumed by the other party under the 14
transaction. 15
Note-- 16
In relation to subsection (2), see also section 616.'. 17
Clause 30 Amendment of s 153 (Reassessment--disposal after 18
occupation date for residence) 19
(1) Section 153(1)(a)-- 20
omit, insert-- 21
`(a) transfer duty on a dutiable transaction that is either of 22
the following is assessed on the basis of a concession 23
under section 91, 92, 93 or 93A-- 24
(i) the transfer, or agreement for the transfer, of 25
residential land or vacant land; 26
(ii) the acquisition, mentioned in section 85(b), of a 27
lease of residential land or vacant land; and'. 28
(2) Section 153(1)(b), (1A), (2), definition C, and (3), after 29
`transferee'-- 30
Page 27
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 31]
insert-- 1
`or lessee'. 2
(3) Section 153(1)(b), (1A)(a), (2), definition OD, and (3), after 3
`transferee's'-- 4
insert-- 5
`or lessee's'. 6
(4) Section 153(1)(b)-- 7
insert-- 8
`(iii) for a lease of residential land on which a home or first 9
home is constructed or of vacant land on which a first 10
home is to be constructed and for which a premium, fine 11
or other consideration is payable--surrendering the 12
lease.'. 13
Clause 31 Amendment of s 154 (Reassessment--noncompliance 14
with occupancy requirements) 15
(1) Section 154(1)(a)-- 16
omit, insert-- 17
`(a) transfer duty on a dutiable transaction that is either of 18
the following is assessed on the basis of a concession 19
under section 91, 92, 93 or 93A-- 20
(i) the transfer, or agreement for the transfer, of 21
residential land or vacant land; 22
(ii) the acquisition, mentioned in section 85(b), of a 23
lease of residential land or vacant land; and'. 24
(2) Section 154(1)(b)(i), (2A), (3), and (4), after `transferee'-- 25
insert-- 26
`or lessee'. 27
(3) Section 154(1)(b)(ii), (2A)(a), and (4), after `transferee's'-- 28
insert-- 29
`or lessee's'. 30
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Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 32]
(4) Section 154(2), `a transferee disposes of land if the 1
transferee'-- 2
omit, insert-- 3
`a transferee or lessee disposes of land if the lessee of a home 4
or vacant land lease surrenders the lease or the transferee or 5
lessee'. 6
(5) Section 154-- 7
insert-- 8
`(5) In this section-- 9
home or vacant land lease means a lease-- 10
(a) of residential land on which a home or first home is 11
constructed or of vacant land on which a first home is to 12
be constructed; and 13
(b) for which a premium, fine or other consideration is 14
payable.'. 15
Clause 32 Amendment of s 155 (When transferees must give notice 16
for reassessment) 17
(1) Section 155, heading-- 18
omit, insert-- 19
`155 When transferees and lessees must give notice for 20
reassessment'. 21
(2) Section 155(1)-- 22
omit, insert-- 23
`(1) This section applies if a notifiable event happens after an 24
assessment, on the basis of a concession under section 91, 92, 25
93 or 93A, of transfer duty on a dutiable transaction that is 26
either of the following (each a relevant transaction)-- 27
(a) the transfer, or agreement for the transfer, of residential 28
land or vacant land; 29
(b) the acquisition, mentioned in section 85(b), of a lease of 30
residential land or vacant land.'. 31
Page 29
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 33]
(3) Section 155(2), `to the transfer or agreement'-- 1
omit, insert-- 2
`or lessee in relation to the relevant transaction'. 3
(4) Section 155(3), definition notifiable event, paragraph (a), after 4
`transferee's'-- 5
insert-- 6
`or lessee's'. 7
Clause 33 Insertion of new ch 2, pt 14, div 3 8
Chapter 2, part 14-- 9
insert-- 10
`Division 3 Other reassessment 11
`156A Reassessment of duty for cancelled transfer of 12
dutiable property 13
`(1) This section applies if-- 14
(a) a person, directly or by the person's agent, pays transfer 15
duty on a transfer of dutiable property effected or 16
evidenced by an instrument; and 17
(b) the instrument is cancelled by the parties before it has 18
legal effect; and 19
(c) the dutiable property has not been transferred to the 20
transferee or a related person of the transferee; and 21
(d) the instrument was not cancelled-- 22
(i) to give effect to a resale agreement; or 23
(ii) as part of an arrangement under which any of the 24
dutiable property is or will be transferred, or is 25
agreed to be transferred, to the transferee or a 26
related person of the transferee. 27
`(2) For this section, an instrument has legal effect if-- 28
Page 30
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 34]
(a) for an instrument that, when recorded in a register, will 1
effect the transfer of dutiable property--the instrument 2
is lodged for recording in the register; or 3
(b) a right has been exercised, or an obligation fulfilled, 4
under the instrument; or 5
(c) the instrument has been relied on in any other way. 6
`(3) For subsection (1)(d)(i), an agreement is a resale agreement 7
if-- 8
(a) under the agreement, any of the dutiable property is or 9
will be transferred or is agreed to be transferred; and 10
(b) the transferee, or a related person of the transferee, 11
receives or will receive, directly or indirectly, a financial 12
benefit, other than the release of the transferee from the 13
transferee's obligation under the transaction mentioned 14
in subsection (1)(a). 15
`(4) The person may lodge an application for a reassessment in the 16
approved form within 6 months after the instrument is 17
cancelled. 18
`(5) The person must lodge the instrument with the application, 19
unless the commissioner decides lodgement of the instrument 20
is unnecessary. 21
`(6) The commissioner must make a reassessment of transfer duty 22
for the transaction on the basis that transfer duty is not 23
imposed on the transaction.'. 24
Clause 34 Amendment of s 166 (What is a subsidiary of a 25
corporation) 26
Section 166-- 27
insert-- 28
`(4) For deciding whether a trustee of a trust is a subsidiary of the 29
other corporation under subsection (2)-- 30
(a) a trust interest sale agreement made by the other 31
corporation or a subsidiary of it is taken not to have been 32
made; and 33
Page 31
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 35]
(b) a trust interest purchase agreement made by the other 1
corporation or a subsidiary of it is taken to have been 2
completed. 3
`(5) In this section-- 4
trust interest purchase agreement means an uncompleted 5
agreement, whether or not conditional, for the acquisition of 6
an interest as a beneficiary of the trust. 7
trust interest sale agreement means an uncompleted 8
agreement, whether or not conditional, for the disposal of an 9
interest as a beneficiary of the trust.'. 10
Clause 35 Insertion of new s 193A 11
After section 193-- 12
insert-- 13
`193A Exemption--restructure of stapled entities 14
`(1) Land rich duty is not imposed on a relevant acquisition if-- 15
(a) the purpose of the acquisition is to give effect to a 16
scheme that qualifies or would, on its completion, 17
qualify as a roll-over under the Income Tax Assessment 18
Act 1997 (Cwlth), subdivision 124.Q; and 19
(b) when the scheme is completed, the interposed trust will 20
be a listed unit trust or a widely held unit trust; and 21
(c) the acquisition is not part of an arrangement to avoid the 22
imposition of land rich duty. 23
`(2) Subsection (1) does not apply if-- 24
(a) the interposed trust is not a listed unit trust or a widely 25
held unit trust when the scheme is completed; or 26
(b) the interposed trust ceases to be a listed unit trust or a 27
widely held unit trust within 3 years after the scheme is 28
completed; or 29
(c) the interposed trust does not retain all the ownership 30
interests in the stapled entities for at least 3 years after 31
the date of the acquisition. 32
Page 32
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 36]
`(3) Despite subsection (2)(c), subsection (1) continues to apply if 1
the commissioner is satisfied the interposed trust did not 2
retain all the ownership interests because 1 or more of the 3
stapled entities ceased to exist other than under an 4
arrangement, a significant purpose of which was to avoid the 5
requirement to retain all the ownership interests for at least 3 6
years. 7
`(4) If subsection (1) does not apply, the commissioner must make 8
a reassessment to impose land rich duty on the relevant 9
acquisition as if the exemption from duty had never applied. 10
`(5) Subsection (4) applies to the reassessment despite the 11
limitation period under the Administration Act for 12
reassessments. 13
Editor's note-- 14
See the Administration Act, part 3, division 3. 15
`(6) If an event mentioned in subsection (2) happens, the acquirer 16
under the relevant acquisition must, within 28 days after the 17
event happens-- 18
(a) give notice of the event to the commissioner in the 19
approved form; and 20
(b) ensure the instruments required for the assessment of 21
duty on the acquisition are lodged for reassessment. 22
Note-- 23
Failure to give the notice is an offence under the Administration Act, 24
section 120. 25
`(7) Without limiting subsection (3), a company registered under 26
the Corporations Act ceases to exist if it is deregistered under 27
that Act.'. 28
Clause 36 Amendment of s 197 (When commissioner must make 29
reassessment) 30
(1) Section 197(1)(a)-- 31
omit, insert-- 32
Page 33
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 37]
`(a) at the time of the relevant acquisition, the corporation's 1
land-holdings included-- 2
(i) land the subject of-- 3
(A) a sale agreement that was later completed; or 4
(B) a purchase agreement that was not 5
completed; or 6
(ii) land-holdings of a trustee of a trust that was a 7
subsidiary of the corporation because of-- 8
(A) a trust interest sale agreement that was later 9
completed; or 10
(B) a trust interest purchase agreement that was 11
not completed; and'. 12
(2) Section 197-- 13
insert-- 14
`(7) In this section-- 15
trust interest purchase agreement see section 166. 16
trust interest sale agreement see section 166.'. 17
Clause 37 Amendment of s 198 (Registration of charge over land for 18
unpaid land rich duty) 19
(1) Section 198, heading-- 20
omit, insert-- 21
`198 Charge over land for unpaid land rich duty'. 22
(2) Section 198(1), editor's note-- 23
omit. 24
(3) Section 198(2), `a charge'-- 25
omit, insert-- 26
`a first charge'. 27
(4) Section 198(3) to (5)-- 28
omit, insert-- 29
Page 34
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 38]
`(3) The commissioner may lodge, under the Administration Act, 1
part 4, division 5, a request to register the charge over stated 2
land owned by the corporation or its subsidiary. 3
`(4) The charge has priority over all other encumbrances over the 4
land.'. 5
Clause 38 Omission of s 199 (Release of charge) 6
Section 199-- 7
omit. 8
Clause 39 Amendment of s 213 (Contracted property) 9
(1) Section 213, heading, after `property'-- 10
insert-- 11
`and trust interests'. 12
(2) Section 213(1), `or relevant corporation for a corporate 13
trustee'-- 14
omit. 15
(3) Section 213(1) and (2), `or relevant corporation'-- 16
omit. 17
(4) Section 213-- 18
insert-- 19
`(1A) If a corporate trustee has made a purchase or sale agreement 20
for a trust interest, the corporate trustee is taken to have an 21
indirect interest in the trust-related dutiable property.'. 22
(5) Section 213(3)-- 23
omit, insert-- 24
`(3) Subsection (3A) applies if-- 25
(a) contracted property, or an indirect interest in dutiable 26
property mentioned in subsection (1A), is included in 27
determining the dutiable value of a relevant acquisition; 28
and 29
Page 35
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 40]
(b) the sale agreement for the property or trust interest is 1
later completed or the purchase agreement for the 2
property or trust interest is later rescinded. 3
`(3A) The commissioner must make a reassessment as if the 4
contracted property or indirect interest were never held by the 5
corporate trustee.'. 6
(6) Section 213-- 7
insert-- 8
`(5) In this section-- 9
purchase agreement includes an uncompleted agreement, 10
whether or not conditional, for the acquisition of a trust 11
interest through which the corporate trustee would have, if the 12
agreement were completed, an indirect interest in dutiable 13
property (the trust-related dutiable property). 14
sale agreement includes an uncompleted agreement, whether 15
or not conditional, for the sale of a trust interest through 16
which the corporate trustee has an indirect interest in dutiable 17
property (also the trust-related dutiable property).'. 18
Clause 40 Amendment of s 222 (What is the dutiable value of a 19
relevant acquisition) 20
Section 222(1), note, after `property.'-- 21
insert-- 22
`Also, under section 213(1A), the corporate trustee may be taken to hold 23
an indirect interest in dutiable property through a trust interest that is the 24
subject of a purchase or sale agreement.'. 25
Clause 41 Amendment of s 353 (What is a premium) 26
Section 353(1), `a general insurer or life insurer'-- 27
omit, insert-- 28
`an insurer'. 29
Page 36
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 42]
Clause 42 Replacement of s 354 (Who is a general insurer) 1
Section 354-- 2
omit, insert-- 3
`354 Who is a general insurer 4
`(1) A general insurer is a person who writes general insurance 5
whether or not the person is authorised under the Insurance 6
Act 1973 (Cwlth) to carry on an insurance business. 7
`(2) An insurance intermediary is not a general insurer.'. 8
Clause 43 Replacement of s 355 (Who is a life insurer) 9
Section 355-- 10
omit, insert-- 11
`355 Who is a life insurer 12
`(1) A life insurer is a person who writes life insurance whether or 13
not the person is registered under the Life Insurance Act 1995 14
(Cwlth). 15
`(2) An insurance intermediary is not a life insurer.'. 16
Clause 44 Amendment of s 357 (Who is liable to pay insurance duty) 17
(1) Section 357(1), `general insurer'-- 18
omit, insert-- 19
`insurer'. 20
(2) Section 357(2), `life insurer'-- 21
omit, insert-- 22
`insurer'. 23
Page 37
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 45]
Clause 45 Amendment of s 360 (When insurance duty is 1
payable--life insurance) 2
Section 360, `a life insurer'-- 3
omit, insert-- 4
`an insurer'. 5
Clause 46 Replacement of ch 8, pt 5, hdg 6
Chapter 8, part 5, heading-- 7
omit, insert-- 8
`Part 5 Arrangements applying to 9
insurers and WorkCover 10
Queensland'. 11
Clause 47 Amendment of s 369 (General and life insurers to be 12
registered) 13
(1) Section 369, heading-- 14
omit, insert-- 15
`369 Insurers to be registered'. 16
(2) Section 369, `a general insurer or life insurer'-- 17
omit, insert-- 18
`an insurer'. 19
Clause 48 Amendment of s 370 (Lodging returns and payment of 20
insurance duty) 21
(1) Section 370(1) and (2)-- 22
omit, insert-- 23
`(1) If a registered insurer has a liability to insurance duty for a 24
return period, the insurer must on or before the return date-- 25
(a) lodge a return in the approved form; and 26
Page 38
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 49]
(b) pay to the commissioner the amount of insurance duty 1
based on the following-- 2
(i) for general insurance--the total amount of the 3
premiums received in the return period by the 4
insurer; 5
(ii) for life insurance-- 6
(A) for contracts of life insurance that effect 7
temporary or term insurance--the total 8
amount of the premiums received in the 9
return period by the insurer; and 10
(B) for other contracts of life insurance--the 11
amounts of the sums insured for the 12
contracts written in the return period by the 13
insurer; and 14
(c) pay to the commissioner any assessed interest and 15
penalty tax.'. 16
(2) Section 370(3), from `a general' to `or (2)'-- 17
omit, insert-- 18
`an insurer refunds the whole or part of a premium for a 19
contract of insurance for which insurance duty has been paid, 20
the insurer may deduct from the amount required to be paid 21
under subsection (1)'. 22
(3) Section 370(5), `14 days'-- 23
omit, insert-- 24
`21 days'. 25
(4) Section 370(6), editor's note-- 26
omit. 27
Clause 49 Replacement of s 371 (Application of pt 6) 28
Section 371-- 29
omit, insert-- 30
Page 39
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 50]
`371 Application of pt 6 1
`(1) This part applies to a person (the insured person) who effects 2
or renews general insurance or life insurance with a person 3
(the insurer) who is not registered under chapter 12, part 1 or 4
2. 5
`(2) However, this part does not apply to an insured person who 6
has been charged, by the insurer, an amount for insurance duty 7
in relation to the premium for the insurance.'. 8
Clause 50 Amendment of s 372 (Lodging statement and payment of 9
insurance duty) 10
Section 372(1), `The person'-- 11
omit, insert-- 12
`The insured person'. 13
Clause 51 Amendment of s 407 (Group property for intra-group 14
transfer of property) 15
(1) Section 407(1), `For' 16
omit, insert-- 17
`Subject to subsections (3) and (4), for'. 18
(2) Section 407-- 19
insert-- 20
`(3) Property that is a lot on a plan of subdivision registered after 21
the transferor and the transferee became group companies is 22
only group property to the extent that the property comprising 23
the lot was group property under subsection (1)(a) or (b) 24
immediately before registration of the plan of subdivision. 25
`(4) For property mentioned in subsection (3), transfer duty is not 26
imposed on the dutiable value of the part of the lot that is 27
group property, worked out using the following formula-- 28
VP
DV G = ------- × DV L
- 29
TV
Page 40
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 52]
where-- 1
DVG means the dutiable value of the part of the lot that is 2
group property for section 406(2)(d). 3
DVL means the dutiable value of the lot. 4
TV means the total value, immediately before the plan of 5
subdivision was registered, of the property that forms the lot. 6
VP means the value, immediately before the plan of 7
subdivision was registered, of property that-- 8
(a) forms part of the lot; and 9
(b) was group property under subsection (1)(a) or (b) 10
immediately before the plan of subdivision was 11
registered. 12
`(5) In this section-- 13
lot see the Land Title Act 1994, schedule 2. 14
plan of subdivision means-- 15
(a) a plan under the Building Units and Group Titles Act 16
1980; or 17
(b) a plan of subdivision under the Land Title Act 1994; or 18
(c) a plan of subdivision under the Land Act 1994; or 19
(d) a plan or scheme, however described, showing the 20
division of, amalgamation into, dedication of or 21
redefinition of, at least 1 lot, that is able to be registered 22
in a land registry under the Land Act 1994 or the Land 23
Title Act 1994.'. 24
Clause 52 Amendment of s 416 (Start of use requirement) 25
(1) Section 416(1)(a), after `arise'-- 26
insert-- 27
`or the later date fixed by the commissioner by notice given to 28
the institution'. 29
(2) Section 416(1), after paragraph (b)-- 30
Page 41
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 53]
insert-- 1
`Note-- 2
In relation to subsection (1)(a), see also section 620.'. 3
(3) Section 416(3)(a), after `arise'-- 4
insert-- 5
`or the later date fixed by the commissioner by notice given to 6
the institution'. 7
(4) Section 416(3), after paragraph (d)-- 8
insert-- 9
`Note-- 10
In relation to subsection (3)(a), see also section 620.'. 11
Clause 53 Amendment of s 419 (Reassessment--noncompliance 12
with use requirements) 13
Section 419(2), `paragraph (b)'-- 14
omit, insert-- 15
`subsection (1)(b)'. 16
Clause 54 Amendment of s 427 (Exemption--particular instruments 17
and transactions under Associations Incorporation Act) 18
(1) Section 427, heading-- 19
omit, insert-- 20
`427 Exemption--particular instruments and transactions 21
relating to incorporated associations'. 22
(2) Section 427-- 23
insert-- 24
`(2) Duty is not imposed on an instrument or transaction for 25
vesting property in an association incorporated under the 26
Corporations Act if-- 27
(a) the association was formed with the object of-- 28
Page 42
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 55]
(i) providing recreation or amusement; or 1
(ii) promoting religion, charity, patriotism or the arts; 2
or 3
(iii) achieving another object the commissioner is 4
satisfied is useful to the community; and 5
(b) the association's constitution-- 6
(i) provides for the application of its funds to its 7
objects; and 8
(ii) prohibits the distribution of any part of its funds or 9
profits to its members; and 10
(c) because of the association's incorporation, the 11
instrument or transaction is necessary for vesting the 12
property in the association's corporate name.'. 13
Clause 55 Amendment of s 437 (Application for registration to carry 14
on particular businesses) 15
Section 437(1), `a general insurer or life insurer'-- 16
omit, insert-- 17
`an insurer'. 18
Clause 56 Amendment of s 445 (Notice of registration) 19
Section 445(2)(g), `the endorsements'-- 20
omit, insert-- 21
`any endorsements'. 22
Clause 57 Amendment of s 452 (Notice of registration) 23
Section 452(2)(g), `the endorsements'-- 24
omit, insert-- 25
`any endorsements'. 26
Page 43
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 58]
Clause 58 Amendment of s 455 (Lodging returns) 1
(1) Section 455-- 2
insert-- 3
`(1A) Subsection (1)(c) does not apply if the self assessor's notice of 4
registration states that no endorsements are required on the 5
instruments.'. 6
(2) Section 455(2)(a)-- 7
omit, insert-- 8
`(a) an instrument for which duty is imposed must be 9
endorsed-- 10
(i) if the self assessor's notice of registration states the 11
way in which the instrument must be endorsed--in 12
the way stated; or 13
(ii) otherwise, with the following-- 14
(A) a reference to this Act's short title; 15
(B) the self assessor's client number; 16
(C) the transaction number for the instrument; 17
(D) the amounts of any duty, assessed interest 18
and penalty tax paid on the instrument; 19
(E) the date the endorsement is made; 20
(F) the signature of the individual completing 21
the endorsement; and'. 22
Clause 59 Amendment of s 455A (Lodging transaction statements) 23
(1) Section 455A-- 24
insert-- 25
`(1A) Subsection (1)(b) does not apply if the self assessor's notice of 26
registration states that no endorsements are required on the 27
instruments.'. 28
(2) Section 455A(4)(a)-- 29
Page 44
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 60]
omit, insert-- 1
`(a) an instrument for which duty is imposed must be 2
endorsed-- 3
(i) if the self assessor's notice of registration states the 4
way in which the instrument must be endorsed--in 5
the way stated; or 6
(ii) otherwise, with the following-- 7
(A) a reference to this Act's short title; 8
(B) the self assessor's client number; 9
(C) the transaction number for the instrument; 10
(D) the amounts of any duty, assessed interest 11
and penalty tax paid on the instrument; 12
(E) the date the endorsement is made; 13
(F) the signature of the individual completing 14
the endorsement; and'. 15
Clause 60 Amendment of s 465 (Grounds for suspension or 16
cancellation) 17
Section 465-- 18
insert-- 19
`(d) the self assessor has been given a notice under section 20
488(2) and has failed to pay-- 21
(i) the penalty amount by the date for payment stated 22
in the notice; or 23
(ii) if the commissioner enters into an arrangement for 24
payment of the penalty amount by instalments 25
under section 488(5)--an instalment by the date 26
the instalment is required to be paid under the 27
arrangement; 28
(e) if section 470 applies to the self assessor--the self 29
assessor has failed to give notice to the commissioner as 30
required under section 470(3); 31
Page 45
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 61]
(f) the commissioner reasonably believes that, having 1
regard to the self assessor's conduct, the self assessor's 2
registration poses an unacceptable risk that the self 3
assessor will not comply with an obligation under this 4
Act or the Administration Act.'. 5
Clause 61 Insertion of new s 469A 6
After section 469-- 7
insert-- 8
`469A Immediate suspension 9
`(1) This section applies if the commissioner reasonably 10
believes-- 11
(a) a ground exists for suspending or cancelling a self 12
assessor's registration; and 13
(b) the self assessor's registration must be suspended 14
immediately to-- 15
(i) ensure the integrity of the self assessment system is 16
not jeopardised; or 17
(ii) remove an immediate, unacceptable risk that the 18
self assessor will not comply with an obligation 19
under this Act or the Administration Act. 20
`(2) The commissioner may decide to immediately suspend the 21
self assessor's registration. 22
`(3) The commissioner must give the self assessor an information 23
notice for the decision. 24
`(4) The information notice must include the period of the 25
suspension. 26
Note-- 27
See also schedule 6, definition information notice for other matters the 28
information notice must state. 29
`(5) The suspension-- 30
(a) starts immediately after the self assessor is given the 31
information notice; and 32
Page 46
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 62]
(b) ends on the earliest of the following-- 1
(i) the day that is 56 days after the day on which the 2
period started; 3
(ii) a decision is made by the commissioner under 4
section 469 about a show cause notice given to the 5
self assessor; 6
(iii) notice is given by the commissioner to the self 7
assessor ending the suspension under subsection 8
(6). 9
`(6) During the period of the suspension, if the commissioner no 10
longer believes subsection (1)(a) or (b) is satisfied, the 11
commissioner must end the suspension by giving notice to the 12
self assessor stating the suspension has ended. 13
`(7) In this section-- 14
self assessment system means the system under this Act and 15
the Administration Act for-- 16
(a) the registration of persons as self assessors; and 17
(b) the making of self assessments, payments of duty, and 18
compliance with other obligations under the Acts, by 19
self assessors.'. 20
Clause 62 Amendment of s 470 (Cancellation of 21
registration--ceasing to carry on business) 22
(1) Section 470, heading, `Cancellation'-- 23
omit, insert-- 24
`Suspension or cancellation'. 25
(2) Section 470(1), after `or 3'-- 26
insert-- 27
`permanently'. 28
(3) Section 470(2), from `to the commissioner'-- 29
omit, insert-- 30
Page 47
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 63]
`of the ceasing to the commissioner.'. 1
(4) Section 470(3)(b)-- 2
omit, insert-- 3
`(b) for a self assessor registered under part 3-- 4
(i) if the self assessor permanently ceases to carry on 5
the business--the self assessor's registration is 6
cancelled effective from the day stated in the 7
notice; or 8
(ii) if the self assessor temporarily ceases to carry on 9
the business--the self assessor's registration is 10
suspended for the period stated in the notice.'. 11
(5) Section 470(2) and (3)-- 12
renumber as section 470(3) and (5). 13
(6) Section 470-- 14
insert-- 15
`(2) Also, this section applies if a self assessor registered under 16
part 3 temporarily ceases to carry on, in Queensland, the 17
business for which the self assessor is registered. 18
`(4) If the self assessor is a self assessor mentioned in subsection 19
(2), the notice given under subsection (3) must state the period 20
(the temporary cessation period) for which the self assessor 21
will temporarily cease to carry on the business. 22
`(6) For subsection (5)(b)(ii), the period stated in the notice must 23
not be longer than the temporary cessation period.'. 24
Clause 63 Replacement of s 481 (Offence to endorse instrument 25
unless self assessor) 26
Section 481-- 27
omit, insert-- 28
Page 48
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 64]
`481 Offence for person other than self assessor to 1
endorse instrument 2
`A person must not make any notation or endorsement on an 3
instrument indicating or implying that duty has been paid for 4
the instrument unless the person is authorised to do so under 5
this Act. 6
Maximum penalty--200 penalty units.'. 7
Clause 64 Amendment of s 506A (Refunding stamp duty) 8
Section 506A(3)-- 9
omit, insert-- 10
`(3) A court or QCAT must not make an order relating to the 11
refund that is inconsistent with subsection (2).'. 12
Clause 65 Insertion of new ch 17, pt 13 13
After section 613-- 14
insert-- 15
`Part 13 Transitional provisions for 16
Revenue and Other Legislation 17
Amendment Act 2010 18
`614 References to an acquisition mentioned in s 85(b) 19
`A provision in either of the following that, on the 20
commencement of this section, includes a reference to an 21
acquisition mentioned in section 85(b) is taken to have 22
included that reference on and from 1 December 2003-- 23
(a) chapter 2, part 9; 24
(b) chapter 2, part 14, division 1. 25
Page 49
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 65]
`615 Exemption under s 117 1
`Section 117(2) as in force on the commencement of this 2
section is taken to have had effect on and from 13 August 3
2004. 4
`616 Exemption under s 151 5
`Section 151(2) as in force on the commencement of this 6
section is taken to have had effect on and from 2 May 2003. 7
`617 Charge mentioned in s 198 8
`(1) Section 198 as in force immediately before its amendment by 9
the amending Act continues to apply to a relevant acquisition 10
made before the amendment. 11
`(2) In this section-- 12
amending Act means the Revenue and Other Legislation 13
Amendment Act 2010. 14
`618 Registered general insurers and registered life 15
insurers 16
`A person who, immediately before 14 January 2010, was a 17
registered general insurer or registered life insurer is, on and 18
from 14 January 2010, taken to be a registered insurer. 19
`619 Date of effect of particular provisions 20
`The following provisions as in force on the commencement 21
of this section are taken to have had effect on and from 14 22
January 2010-- 23
· section 73 24
· sections 353 to 355 25
· section 357 26
· section 360 27
Page 50
Revenue and Other Legislation Amendment Bill 2010
Part 3 Amendment of Duties Act 2001
[s 66]
· chapter 8, part 5 1
· sections 371 and 372 2
· section 437 3
· the schedule, to the extent the definitions insurer, 4
registered general insurer and registered life insurer 5
have been omitted and the definitions insurer and 6
registered insurer have been inserted. 7
`620 Start of use requirement under s 416 8
`Section 416(1)(a) and (3)(a) as in force on the 9
commencement of this section is taken to have had effect on 10
and from 1 March 2002.'. 11
Clause 66 Amendment of sch 3 (Rates of duty on dutiable 12
transactions and relevant acquisitions for land rich and 13
corporate trustee duty) 14
Schedule 3, authorising section-- 15
omit, insert-- 16
`sections 24(2), 91, 92, 93, 176 and 216'. 17
Clause 67 Amendment of sch 6 (Dictionary) 18
(1) Schedule 6, definitions approved trustee, Australian Stock 19
Exchange, insurer, registered general insurer and registered 20
life insurer-- 21
omit. 22
(2) Schedule 6-- 23
insert-- 24
`approved trustee means a trustee within the meaning given 25
by the Superannuation Industry (Supervision) Act 1993 26
(Cwlth), section 10. 27
Australian Securities Exchange means ASX Limited (ACN 28
008 624 691). 29
Page 51
Revenue and Other Legislation Amendment Bill 2010
Part 4 Amendment of First Home Owner Grant Act 2000
[s 68]
insurer means a person who is-- 1
(a) either a general insurer or a life insurer; or 2
(b) both a general insurer and a life insurer. 3
interposed trust see the Income Tax Assessment Act 1997 4
(Cwlth), section 124.1045(1). 5
owner, of a residence or vacant land, includes the lessee of a 6
lease mentioned in section 85(b) of the land on which the 7
residence is constructed or is to be constructed. 8
ownership interest see the Income Tax Assessment Act 1997 9
(Cwlth), section 125.60(1). 10
registered insurer means an insurer registered under chapter 11
12, part 1. 12
stapled entity see the Income Tax Assessment Act 1997 13
(Cwlth), section 124.1045(2).'. 14
(3) Schedule 6, definition intervening event, paragraph (b), after 15
`transferee'-- 16
insert-- 17
`, lessee'. 18
(4) Schedule 6, definition recognised stock exchange, paragraph 19
(a)-- 20
omit, insert-- 21
`(a) the Australian Securities Exchange; or'. 22
Part 4 Amendment of First Home 23
Owner Grant Act 2000 24
Clause 68 Act amended 25
This part amends the First Home Owner Grant Act 2000. 26
Page 52
Revenue and Other Legislation Amendment Bill 2010
Part 4 Amendment of First Home Owner Grant Act 2000
[s 69]
Clause 69 Amendment of s 5 (Meaning of eligible transaction) 1
Section 5(6), (7), (8) and (9), `$1m'-- 2
omit, insert-- 3
`$750000'. 4
Clause 70 Amendment of s 49 (Registering charge over land) 5
(1) Section 49, heading-- 6
omit, insert-- 7
`49 Charge over land'. 8
(2) Section 49(2), `charge' -- 9
omit, insert-- 10
`first charge'. 11
(3) Section 49-- 12
insert-- 13
`(2A) The charge has priority over all other encumbrances over the 14
applicant's interest in the land.'. 15
(4) Section 49-- 16
insert-- 17
`(6) The fee for registration of the charge, or release of the charge, 18
is payable by the applicant or former applicant mentioned in 19
subsection (1). 20
`(7) If the commissioner pays the fee mentioned in subsection (6), 21
the commissioner may recover the amount of the fee from the 22
applicant or former applicant liable for payment of the fee.'. 23
Clause 71 Insertion of new ss 49A-49D 24
After section 49-- 25
insert-- 26
`49A Collection of amounts from a garnishee 27
`(1) This section applies if-- 28
Page 53
Revenue and Other Legislation Amendment Bill 2010
Part 4 Amendment of First Home Owner Grant Act 2000
[s 71]
(a) under section 48, a debt is payable by an applicant or 1
former applicant to the commissioner; and 2
(b) the commissioner reasonably believes a person (the 3
garnishee)-- 4
(i) holds or may receive an amount for or on account 5
of the applicant or former applicant; or 6
(ii) is liable or may become liable to pay an amount to 7
the applicant or former applicant; or 8
(iii) has authority to pay an amount to the applicant or 9
former applicant. 10
`(2) Subsection (1)(b) applies even though the applicant or former 11
applicant's entitlement to the amount may be subject to 12
unfulfilled conditions. 13
`(3) The commissioner may, by written notice given to the 14
garnishee (the garnishee notice), require the garnishee to pay 15
a stated amount (the garnishee amount) to the commissioner 16
by a stated date. 17
`(4) Without limiting subsection (3), the garnishee notice may 18
require the garnishee to pay to the commissioner an amount 19
out of each payment the garnishee is liable, or from time to 20
time becomes liable, to make to the applicant or former 21
applicant. 22
`(5) However, subsection (6) applies if, on the date for payment 23
under the garnishee notice, the garnishee amount is not held 24
for, or is not liable to be paid to, the applicant or former 25
applicant by the garnishee. 26
`(6) The garnishee notice has effect as if the date for payment were 27
immediately after the date the amount is held for, or is liable 28
to be paid to, the applicant or former applicant by the 29
garnishee. 30
`(7) The garnishee amount must not be more than the applicant's 31
or former applicant's debt. 32
`(8) The garnishee must comply with the garnishee notice unless 33
the garnishee has a reasonable excuse. 34
Page 54
Revenue and Other Legislation Amendment Bill 2010
Part 4 Amendment of First Home Owner Grant Act 2000
[s 71]
Maximum penalty--40 penalty units. 1
`(9) The commissioner must give to the applicant or former 2
applicant-- 3
(a) a copy of the garnishee notice; and 4
(b) details in writing of the applicant's or former applicant's 5
debt to which the notice relates. 6
`49B Duration of garnishee notice 7
`The garnishee notice has effect until the garnishee amount is 8
paid or the commissioner, by written notice given to the 9
garnishee, withdraws the notice. 10
`49C Effect of discharge of debt on garnishee notice 11
`(1) This section applies if-- 12
(a) the applicant's or former applicant's debt to which the 13
garnishee notice relates is discharged, whether 14
completely or partly, before the date for payment of the 15
garnishee amount; and 16
(b) the discharge affects the amount to be recovered from 17
the garnishee. 18
`(2) The commissioner must give written notice to the garnishee 19
and the applicant or former applicant-- 20
(a) informing them of the extent of the discharge of the 21
debt; and 22
(b) stating the amount payable under the garnishee notice is 23
reduced accordingly; and 24
(c) if the applicant's or former applicant's debt is fully 25
discharged--withdrawing the garnishee notice. 26
`49D Effect of payment by garnishee 27
`If the garnishee pays an amount to the commissioner under a 28
garnishee notice, the garnishee-- 29
Page 55
Revenue and Other Legislation Amendment Bill 2010
Part 4 Amendment of First Home Owner Grant Act 2000
[s 72]
(a) is taken to have acted under the authority of the 1
applicant or former applicant or an authority mentioned 2
in section 49A(1)(b)(iii); and 3
(b) if the garnishee is under an obligation to pay an amount 4
to the applicant or former applicant--is taken to have 5
satisfied the obligation to the extent of the payment.'. 6
Clause 72 Amendment of s 68 (Offence to disclose confidential 7
information) 8
Section 68(3)(c)-- 9
insert-- 10
`(iii) the First Home Saver Accounts Act 2008 (Cwlth); 11
or'. 12
Clause 73 Insertion of new pt 9 13
After section 74-- 14
insert-- 15
`Part 9 Transitional provisions for 16
Revenue and Other Legislation 17
Amendment Act 2010 18
`75 Definition for pt 9 19
`In this part-- 20
amending Act means the Revenue and Other Legislation 21
Amendment Act 2010. 22
`76 Continuing operation of pre-amended s 5 23
`(1) Section 5 as in force immediately before its amendment by the 24
amending Act continues to apply in relation to an application 25
for a first home owner grant if the commencement date for the 26
Page 56
Revenue and Other Legislation Amendment Bill 2010
Part 5 Amendment of GST and Related Matters Act 2000
[s 74]
eligible transaction to which the application relates is before 1
31 March 2010. 2
`77 Charge mentioned in s 49 3
`(1) Section 49 as in force immediately before its amendment by 4
the amending Act continues to apply to a liability in relation 5
to a grant the payment of which was authorised before the 6
amendment.'. 7
Clause 74 Amendment of sch (Dictionary) 8
(1) Schedule, definition Australian citizen-- 9
omit. 10
(2) Schedule-- 11
insert-- 12
`Australian citizen see the Australian Citizenship Act 2007 13
(Cwlth), section 4. 14
garnishee, for part 4, division 3, see section 49A(1)(b). 15
garnishee amount, for part 4, division 3, see section 49A(3). 16
garnishee notice, for part 4, division 3, see section 49A(3).'. 17
Part 5 Amendment of GST and 18
Related Matters Act 2000 19
Clause 75 Act amended 20
This part amends the GST and Related Matters Act 2000. 21
Clause 76 Amendment of long title 22
Long title, `Intergovernmental Agreement on the Reform of 23
Commonwealth-State Financial Relations'-- 24
Page 57
Revenue and Other Legislation Amendment Bill 2010
Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
[s 77]
omit, insert-- 1
`Intergovernmental Agreement on Federal Financial 2
Relations'. 3
Clause 77 Omission of pt 2 (Intergovernmental agreement) 4
Part 2-- 5
omit. 6
Clause 78 Omission of sch (Intergovernmental agreement on the 7
reform of Commonwealth-State financial relations) 8
Schedule-- 9
omit. 10
Part 6 Amendment of Infrastructure 11
Investment (Asset 12
Restructuring and Disposal) 13
Act 2009 14
Clause 79 Act amended 15
This part amends the Infrastructure Investment (Asset 16
Restructuring and Disposal) Act 2009. 17
Clause 80 Amendment of s 5 (Declared projects) 18
(1) Section 5(1)-- 19
insert-- 20
`(fa) the disposal of all or part of the businesses, assets and 21
liabilities of Forestry Plantations Queensland Office;'. 22
Page 58
Revenue and Other Legislation Amendment Bill 2010
Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
[s 81]
(2) Section 5(1)(g) and (2), `(f)'-- 1
omit, insert-- 2
`(fa)'. 3
Clause 81 Amendment of s 6 (Declared entities) 4
Section 6(1)-- 5
insert-- 6
`(ga) the Coordinator-General; 7
(gb) Forestry Plantations Queensland Office; 8
(gc) Urban Land Development Authority;'. 9
Clause 82 Amendment of s 8 (Associated activities) 10
(1) Section 8(a) and (b), after `declared entity'-- 11
insert-- 12
`or the State'. 13
(2) Section 8(c), after `declared entity', second mention-- 14
insert-- 15
`or the State'. 16
(3) Section 8(d), after `declared entity', second mention-- 17
insert-- 18
`or the State'. 19
Clause 83 Amendment of s 9 (Transfer notice) 20
(1) Section 9(1)(b)-- 21
omit, insert-- 22
`(b) transfer a business, asset or liability-- 23
(i) of a declared entity to another declared entity or 24
the State; or 25
Page 59
Revenue and Other Legislation Amendment Bill 2010
Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
[s 83]
(ii) of the State to a declared entity;'. 1
(2) Section 9(1)(d), `to a declared entity'-- 2
omit, insert-- 3
`from a declared entity or the State to a declared entity or the 4
State'. 5
(3) Section 9(1)(e), (j), (l) and (m), after `declared entity'-- 6
insert-- 7
`or the State'. 8
(4) Section 9(1)(h)-- 9
omit, insert-- 10
`(h) provide whether and, if so, the extent to which-- 11
(i) a declared entity is the successor in law of another 12
declared entity or the State; or 13
(ii) the State is the successor in law of a declared 14
entity;'. 15
(5) Section 9(1)(i), after `declared entity', first mention-- 16
insert-- 17
`or the State'. 18
(6) Section 9(1)(k)-- 19
omit, insert-- 20
`(k) make provision for the transfer or secondment of an 21
employee-- 22
(i) of a declared entity to another declared entity or 23
the State; or 24
(ii) of the State to a declared entity;'. 25
(7) Section 9(4), after `declared entity-- 26
insert-- 27
`or the State'. 28
(8) Section 9(4), after `the entity'-- 29
Page 60
Revenue and Other Legislation Amendment Bill 2010
Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
[s 84]
insert-- 1
`or the State'. 2
(9) Section 9(5), `A'-- 3
omit, insert-- 4
`Subject to subsection (7A), a'. 5
(10) Section 9-- 6
insert-- 7
`(7A) A transfer notice does not affect a condition stated in a report 8
of the Coordinator-General, or otherwise imposed or required 9
by the Coordinator-General, under the State Development and 10
Public Works Organisation Act 1971.'. 11
(11) Section 9(8), definition lease-- 12
omit. 13
Clause 84 Amendment of s 10 (Limitation on power to second 14
employees of a declared entity) 15
Section 10, heading, after `entity'-- 16
insert-- 17
`or State'. 18
Clause 85 Insertion of new s 10A 19
After section 10-- 20
insert-- 21
`10A Workforce transition code of practice 22
`(1) The Minister may approve codes of practice (workforce 23
transition codes of practice) directed at ensuring-- 24
(a) the appropriate and fair treatment of employees 25
transferred or seconded under a transfer notice-- 26
(i) from a declared entity to another declared entity or 27
the State; or 28
Page 61
Revenue and Other Legislation Amendment Bill 2010
Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
[s 86]
(ii) from the State to a declared entity; or 1
(b) the appropriate and fair treatment of other employees of 2
declared entities or the State affected by a declared 3
project. 4
`(2) As soon as practicable after approving a workforce transition 5
code of practice, the Minister must-- 6
(a) notify the making of the approval; and 7
(b) give a copy of the code of practice to each declared 8
entity or other entity to which it applies; and 9
(c) publish a copy of the code of practice in the way the 10
Minister considers appropriate. 11
Example-- 12
The Minister may publish the code on the department's website. 13
`(3) The notice made under subsection (2)(a) (the approval notice) 14
is subordinate legislation. 15
`(4) A code of practice takes effect on the day the approval notice 16
is notified in the gazette or, if an earlier or later day is stated in 17
the approval notice as the day the code of practice takes effect, 18
on that day. 19
`(5) It is the responsibility of each declared entity and the State to 20
ensure, to the extent a code of practice applies to the declared 21
entity or the State, that the declared entity and the State act in 22
conformity with the code.'. 23
Clause 86 Amendment of s 11 (Project direction) 24
Section 11-- 25
insert-- 26
`(7) Despite subsection (1), the Minister may not give a project 27
direction to the Coordinator-General.'. 28
Clause 87 Insertion of new s 11A 29
Part 3, after section 11-- 30
Page 62
Revenue and Other Legislation Amendment Bill 2010
Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
[s 88]
insert-- 1
`11A Change of status or ownership 2
`(1) The Minister may, by gazette notice (a GOC declaration), do 3
any or all of the following-- 4
(a) revoke the declaration of Queensland Rail as a 5
government owned corporation; 6
(b) revoke the declaration of the Port of Brisbane 7
Corporation as a government owned corporation; 8
(c) revoke the declaration of the Port of Brisbane 9
Corporation as a port authority under the Transport 10
Infrastructure Act 1994. 11
`(2) A GOC declaration has effect despite any other law or 12
instrument. 13
`(3) A GOC declaration has effect on the day it is published in the 14
gazette or a later day stated in it. 15
`(4) The cessation, under subsection (1), of an entity mentioned in 16
the subsection as a government owned corporation or port 17
authority is taken to be a thing done under this Act. 18
`(5) Each of the following is taken to be a thing done under this 19
Act-- 20
(a) the transfer of a share in a declared entity held by 21
another declared entity or the State to any other person; 22
(b) the issue of a share in a declared entity in accordance 23
with a project direction given to the declared entity or its 24
board.'. 25
Clause 88 Replacement of s 15 (Non-application of Property Law 26
Act 1974, s 121) 27
Section 15-- 28
omit, insert-- 29
Page 63
Revenue and Other Legislation Amendment Bill 2010
Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
[s 88]
`15 Non-application of Property Law Act 1974, s 121 1
and pt 8, div 3 2
`(1) The Minister may, by gazette notice, declare a project dealing 3
or a class of project dealings to be an exempt project dealing 4
or exempt project dealings for this section. 5
`(2) The Property Law Act 1974, section 121 and part 8, division 6
3, does not apply to an exempt project dealing. 7
`(3) This section applies despite any other law or instrument. 8
`(4) In this section-- 9
project dealing means any lease granted or transferred to an 10
entity in connection with a declared project. 11
`15A Particular lease provisions about fixtures have force 12
of law 13
`(1) This section applies if-- 14
(a) in connection with a declared project-- 15
(i) a lease is granted, including by a transfer notice; or 16
(ii) a declared entity enters into a lease in accordance 17
with a project direction given to it or its board; and 18
(b) the lease purports to lease or otherwise dispose of any 19
thing that is on, under or above land, including a thing 20
that, apart from this section, would form part of, or 21
attach to, the land. 22
`(2) The lease may provide for all or any of the following-- 23
(a) that the thing does not form part of, or attach to, the land 24
on, under or above which the thing is situated regardless 25
of whether or not the thing is a fixture; 26
(b) that the thing is leased separately from the land on, 27
under or above which the thing is situated; 28
(c) that the thing is excluded from a lease of the land on, 29
under or above which the thing is situated; 30
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Revenue and Other Legislation Amendment Bill 2010
Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
[s 88]
(d) that the thing is treated as personal property and not as a 1
fixture and that ownership of the thing does not vest in 2
the owner of the land on, under or above which the thing 3
is situated; 4
(e) that the thing may be transferred or disposed of 5
separately from the land on, under or above which the 6
thing is situated. 7
`(3) A provision of a lease mentioned in subsection (2) has the 8
force of law as if the provision were an enactment of this Act. 9
`(4) Subsection (3) applies despite any other law or instrument to 10
the contrary. 11
`15B Other lease provisions also have force of law 12
`(1) This section applies if-- 13
(a) in connection with a declared project-- 14
(i) a lease is granted, including by a transfer notice; or 15
(ii) a declared entity enters into a lease in accordance 16
with a project direction given to it or its board; and 17
(b) the lease provides for all or any of the following 18
matters-- 19
(i) the prepayment of amounts, including rent, 20
payable under the lease and the retention of the 21
amounts by the lessor; 22
(ii) the continuation of the lease, including the 23
obligation to pay rent, despite the happening of 24
unintended or unforeseen circumstances, 25
including, for example, circumstances that would 26
otherwise result in any obligations under the 27
lease-- 28
(A) being incapable of performance; or 29
(B) not being required to be performed; 30
(iii) the circumstances under which the lease may be 31
terminated; 32
Page 65
Revenue and Other Legislation Amendment Bill 2010
Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
[s 89]
(iv) the amounts payable, and the rights and obligations 1
of the parties to the lease, in the event of a breach 2
or termination of the lease; 3
(v) the entitlement to, or the retention or application 4
of, security; 5
(vi) the ownership, or the vesting of ownership, of any 6
real or personal property on termination of the 7
lease; 8
(vii) the liability of the lessor. 9
`(2) A provision of a lease providing for a matter mentioned in 10
subsection (1)(b) has the force of law as if the provision were 11
an enactment of this Act. 12
`(3) Subsection (2) applies despite any other law or instrument to 13
the contrary.'. 14
Clause 89 Insertion of new s 17A 15
Part 4, after section 17-- 16
insert-- 17
`17A Severability 18
`(1) Subsection (2) applies if a provision of-- 19
(a) this Act; or 20
(b) a transfer notice; or 21
(c) a lease mentioned in section 15A or 15B; 22
is held by a court or judge to be beyond power, invalid or 23
unenforceable. 24
`(2) The provision is to be disregarded or severed and the court's 25
or judge's decision does not affect the remaining provisions of 26
the Act, transfer notice or lease which continue to have effect. 27
`(3) This section does not affect the operation of the Acts 28
Interpretation Act 1954, section 9 in any way.'. 29
Page 66
Revenue and Other Legislation Amendment Bill 2010
Part 6 Amendment of Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
[s 90]
Clause 90 Amendment of s 21 (Disclosure and use of information 1
for a declared project) 2
Section 21(3), after `a declared entity'-- 3
insert-- 4
`or the State'. 5
Clause 91 Amendment of s 24 (Preservation of rights of seconded 6
employees) 7
(1) Section 24(1)-- 8
omit, insert-- 9
`(1) This section applies if, under a transfer notice-- 10
(a) an employee of a declared entity (the employer) is 11
seconded to another declared entity or the State; or 12
(b) an employee of the State (also the employer) is 13
seconded to a declared entity.'. 14
(2) Section 24(4), `the other declared entity'-- 15
omit, insert-- 16
`the declared entity to which the employee is seconded'. 17
Clause 92 Amendment of s 25 (Preservation of rights of transferred 18
employees) 19
Section 25(1)-- 20
omit, insert-- 21
`(1) This section applies to the transfer, as part of a declared 22
project, of-- 23
(a) an employee of a declared entity (the former employer) 24
to another declared entity or the State; or 25
(b) an employee of the State (also the former employer) to a 26
declared entity.'. 27
Page 67
Revenue and Other Legislation Amendment Bill 2010
Part 7 Amendment of Land Tax Act 1915
[s 93]
Clause 93 Amendment of schedule (Dictionary) 1
Schedule-- 2
insert-- 3
`Coordinator-General means the Coordinator-General under 4
the State Development and Public Works Organisation Act 5
1971. 6
Forestry Plantations Queensland Office means the public 7
service office called by that name. 8
lease includes any derivative under lease of the lease. 9
Urban Land Development Authority means the Urban Land 10
Development Authority established under the Urban Land 11
Development Authority Act 2007.'. 12
Part 7 Amendment of Land Tax Act 13
1915 14
Clause 94 Act amended 15
This part amends the Land Tax Act 1915. 16
Clause 95 Amendment of s 37 (Tax to be a first charge on land) 17
Section 37(2) and (2A)-- 18
omit, insert-- 19
`(2) The commissioner may lodge a request to register the charge 20
under the Administration Act, part 4, division 5.'. 21
Page 68
Revenue and Other Legislation Amendment Bill 2010
Part 8 Amendment of Payroll Tax Act 1971
[s 96]
Part 8 Amendment of Payroll Tax Act 1
1971 2
Clause 96 Act amended 3
This part amends the Payroll Tax Act 1971. 4
Clause 97 Amendment of s 3 (Meaning of superannuation 5
contribution) 6
(1) Section 3(1)(c)(i)-- 7
omit. 8
(2) Section 3(1)(c)(ii) and (iii)-- 9
renumber as section 3(1)(c)(i) and (ii). 10
Clause 98 Replacement of s 9 (Wages liable to payroll tax) 11
Section 9-- 12
omit, insert-- 13
`Subdivision 1 Wages liable to payroll tax 14
`8A Application of sdiv 1 15
`(1) This subdivision applies for working out the wages paid or 16
payable by an employer for services performed or rendered by 17
a person that are liable to payroll tax under this Act. 18
`(2) If wages are paid or payable for a person other than an 19
employee, a reference to an employee in this subdivision 20
includes a reference to the person. 21
`9 Wages liable to payroll tax--nexus with Queensland 22
`(1) Wages are liable to payroll tax under this Act if-- 23
Page 69
Revenue and Other Legislation Amendment Bill 2010
Part 8 Amendment of Payroll Tax Act 1971
[s 98]
(a) the wages are paid or payable by an employer in relation 1
to services performed or rendered by an employee 2
entirely in Queensland; or 3
(b) the wages are paid or payable by an employer in relation 4
to services performed or rendered by an employee in 2 5
or more States, or partly in at least 1 State and partly 6
outside all States, and-- 7
(i) the employee is based in Queensland; or 8
(ii) if the employee is not based in a State--the 9
employer is based in Queensland; or 10
(iii) if both the employee and the employer are not 11
based in a State--the wages are paid or payable in 12
Queensland; or 13
(iv) if both the employee and the employer are not 14
based in a State and the wages are not paid or 15
payable in a State--the wages are paid or payable 16
for services performed or rendered mainly in 17
Queensland; or 18
(c) the wages are paid or payable by an employer in relation 19
to services performed or rendered by an employee 20
entirely outside all States and are paid or payable in 21
Queensland. 22
Note-- 23
Section 15A provides an exemption for wages paid or payable for 24
services performed entirely in another country for a continuous period 25
of more than 6 months. 26
`(2) Subject to subsections (4) and (5), the question of whether 27
wages are liable to payroll tax under this Act must be decided 28
by reference only to the services performed or rendered by the 29
employee for the employer during the month in which the 30
wages are paid or payable. 31
`(3) Wages paid or payable by an employer for an employee in a 32
particular month are taken to be paid or payable in relation to 33
the services performed or rendered by the employee for the 34
employer during the month. 35
Page 70
Revenue and Other Legislation Amendment Bill 2010
Part 8 Amendment of Payroll Tax Act 1971
[s 98]
Example-- 1
If wages paid in a month are paid to an employee for services performed 2
or rendered over several months, the question of whether the wages are 3
liable to payroll tax under this Act must be decided by reference only to 4
the services performed or rendered by the employee in the month the 5
wages are paid. The services performed or rendered in previous months 6
are disregarded. However, the services performed or rendered in 7
previous months are relevant to the question of whether wages paid in 8
the previous months are liable to payroll tax under this Act. 9
`(4) If no services are performed or rendered by an employee for 10
an employer during the month in which wages are paid or 11
payable in relation to the employee-- 12
(a) the question of whether the wages are liable to payroll 13
tax under this Act must be decided by reference only to 14
the services performed or rendered by the employee for 15
the employer during the most recent earlier month in 16
which the employee performed or rendered services for 17
the employer; and 18
(b) the wages are taken to be paid or payable in relation to 19
the services performed or rendered by the employee for 20
the employer in that most recent earlier month. 21
`(5) If no services were performed or rendered by an employee for 22
an employer during the month in which wages are paid or 23
payable in relation to the employee or in any earlier month-- 24
(a) the wages are taken to be paid or payable in relation to 25
services performed or rendered by the employee in the 26
month in which the wages are paid or payable; and 27
(b) the services are taken to have been performed or 28
rendered at a place where it may reasonably be expected 29
that the services of the employee for the employer will 30
first be performed. 31
`(6) All amounts of wages paid or payable in the same month by 32
the same employer for the same employee must be aggregated 33
for deciding whether the wages are liable to payroll tax under 34
this Act. 35
Example-- 36
Page 71
Revenue and Other Legislation Amendment Bill 2010
Part 8 Amendment of Payroll Tax Act 1971
[s 98]
If 1 amount of wages is paid by an employer in a particular month in 1
relation to services performed or rendered in Queensland, and another 2
amount of wages is paid by the same employer in the same month in 3
relation to services performed or rendered by the same employee in 4
another State, the wages paid must be aggregated as if they were paid or 5
payable in relation to all services performed or rendered by the 6
employee in that month. Subsection (1)(b) would be applied to decide 7
whether the wages are liable to payroll tax under this Act. 8
`(7) If wages are paid in a different month from the month in 9
which they are payable, the question of whether the wages are 10
liable to payroll tax under this Act must be decided by 11
reference to the earlier of the relevant months. 12
`9A State in which employee is based 13
`(1) For this Act, the State in which an employee is based is the 14
State in which the employee's principal place of residence is 15
located. 16
`(2) The State in which an employee is based must be decided by 17
reference to the state of affairs existing during the month in 18
which the relevant wages are paid or payable. 19
`(3) If more than 1 State would qualify as the State in which an 20
employee is based during a month, the State in which the 21
employee is based must be decided by reference to the state of 22
affairs existing on the last day of that month. 23
`(4) An employee who does not have a principal place of residence 24
is taken, for this Act, to be an employee who is not based in a 25
State. 26
`(5) If wages are paid or payable to a corporate employee, the 27
State in which the corporate employee is based must be 28
worked out under section 9B instead of this section, as if a 29
reference in section 9B to an employer were a reference to the 30
employee. 31
`(6) In this section-- 32
corporate employee means a company-- 33
(a) taken to be an employee under section 13D or 13I; or 34
Page 72
Revenue and Other Legislation Amendment Bill 2010
Part 8 Amendment of Payroll Tax Act 1971
[s 98]
(b) to whom a payment is made that is taken to be wages 1
under section 13L or 50. 2
`9B State in which employer is based 3
`(1) For this Act, the State in which an employer is based is-- 4
(a) if the employer has an ABN--the State in which the 5
employer's registered business address is located; or 6
(b) otherwise--the State in which the employer's principal 7
place of business is located. 8
`(2) If wages are paid or payable in connection with a business 9
carried on by an employer under a trust, the employer's 10
registered business address is-- 11
(a) if the trust has an ABN--the registered business address 12
of the trust; or 13
(b) otherwise--the registered business address of the trustee 14
of the trust. 15
`(3) If an employer has 2 or more registered business addresses 16
located in different States at the same time, the State in which 17
the employer is based at that time is the State in which the 18
employer's principal place of business is located. 19
`(4) The State in which an employer is based must be decided by 20
reference to the state of affairs existing during the month in 21
which the relevant wages are paid or payable. 22
`(5) If more than 1 State would qualify as the State in which an 23
employer is based in a month, the State in which the employer 24
is based must be decided by reference to the state of affairs 25
existing on the last day of that month. 26
`(6) An employer who has neither a registered business address 27
nor a principal place of business is taken, for this Act, to be an 28
employer who is not based in a State. 29
`(7) In this section-- 30
Page 73
Revenue and Other Legislation Amendment Bill 2010
Part 8 Amendment of Payroll Tax Act 1971
[s 98]
ABN means an ABN (Australian Business Number) under the 1
A New Tax System (Australian Business Number) Act 1999 2
(Cwlth). 3
registered business address means an address for service of 4
notices under the A New Tax System (Australian Business 5
Number) Act 1999 (Cwlth) as shown in the Australian 6
Business Register kept under that Act. 7
`9C Place and day of payment of wages 8
`(1) For this Act, wages are taken to have been paid at a place if, 9
for the payment of the wages-- 10
(a) an instrument is sent or given or an amount is 11
transferred by an employer to a person or a person's 12
agent at the place; or 13
(b) an instruction is given by an employer for the crediting 14
of an amount to the account of a person or a person's 15
agent at the place. 16
`(2) The wages are taken to have been paid on the day the 17
instrument was sent or given, the amount was transferred, or 18
the account was credited. 19
`(3) Subject to subsection (4), wages are taken to be payable at the 20
place they are paid. 21
`(4) Wages that are not paid by the end of the month in which they 22
are payable are taken to be payable at-- 23
(a) the place where wages were last paid by the employer 24
for the employee; or 25
(b) if wages have not previously been paid by the employer 26
for the employee--the place where the employee last 27
performed or rendered services for the employer before 28
the wages became payable. 29
`(5) If wages paid or payable in the same month by the same 30
employer for the same employee are paid or payable in more 31
than 1 State, the wages paid or payable in that month are taken 32
Page 74
Revenue and Other Legislation Amendment Bill 2010
Part 8 Amendment of Payroll Tax Act 1971
[s 99]
to be paid or payable in the State in which the highest 1
proportion of the wages are paid or payable. 2
Note-- 3
Section 9 requires all wages paid or payable in the same month by the 4
same employer for the same employee to be aggregated for deciding 5
whether the wages are liable to payroll tax under this Act. Subsection 6
(5) ensures only 1 State can be considered to be the State in which the 7
wages are paid or payable. 8
`(6) This section is subject to section 13W. 9
`(7) In this section-- 10
instrument includes a cheque, bill of exchange, promissory 11
note, money order, postal order issued by a post office or any 12
other instrument. 13
`Subdivision 2 Other provisions about imposing 14
liability for payroll tax'. 15
Clause 99 Amendment of s 13W (Place where wages are paid or 16
payable) 17
Section 13W(2), note-- 18
omit. 19
Clause 100 Insertion of new s 15A 20
Part 2, division 2-- 21
insert-- 22
`15A Exemption for services performed or rendered 23
entirely in another country 24
`The wages liable to payroll tax under this Act do not include 25
wages paid or payable by an employer for an employee for 26
services performed or rendered entirely in another country for 27
a continuous period of more than 6 months after wages were 28
first paid for the employee for the services.'. 29
Page 75
Revenue and Other Legislation Amendment Bill 2010
Part 8 Amendment of Payroll Tax Act 1971
[s 101]
Clause 101 Insertion of new pt 9 1
After section 134-- 2
insert-- 3
`Part 9 Transitional provisions for 4
Revenue and Other Legislation 5
Amendment Act 2010 6
`Division 1 Interpretation 7
`135 Definitions for pt 9 8
`In this part-- 9
amended Act means this Act as amended by the amending 10
Act. 11
amending Act means the Revenue and Other Legislation 12
Amendment Act 2010, part 8, other than section 97. 13
pre-amended Act means this Act as it was in force from time 14
to time before the commencement of this section. 15
relevant employer means an employer by whom relevant 16
wages are paid or payable and who-- 17
(a) if the employer lodged a final return before 1 July 2010 18
and paid, in compliance with the pre-amended Act, the 19
employer's liability for payroll tax in relation to the 20
return--notifies the commissioner in writing of the 21
amount of the relevant wages no later than 21 July 2010; 22
or 23
(b) otherwise--includes the relevant wages in a return 24
lodged no later than 21 July 2010. 25
relevant wages means wages-- 26
(a) paid or payable by an employer on or after 1 July 2009 27
but before 1 July 2010; and 28
Page 76
Revenue and Other Legislation Amendment Bill 2010
Part 8 Amendment of Payroll Tax Act 1971
[s 101]
(b) that are not taxable wages under the pre-amended Act 1
and are taxable wages under the amended Act. 2
`Division 2 Application of amended Act and 3
Administration Act 4
`136 Application of amended Act 5
`The amended Act applies, and is taken on and from 1 July 6
2009 to have applied, to wages paid or payable on or after 1 7
July 2009. 8
`137 Exemption of penalty under s 90 9
`Section 90(2) does not apply in relation to a relevant 10
employer's liability for payroll tax under the amended Act for 11
relevant wages. 12
`138 Remission of unpaid tax interest and penalty tax 13
under the Administration Act 14
`The commissioner must remit the whole of any unpaid tax 15
interest and penalty tax in relation to a relevant employer's 16
liability for payroll tax under the amended Act for relevant 17
wages. 18
Note-- 19
For the commissioner's power to remit unpaid tax interest and penalty 20
tax, see the Administration Act, section 60. 21
`139 Exemption for offences 22
`(1) This section applies if a relevant person does not comply with 23
a requirement under this Act or the Administration Act in 24
relation to relevant wages. 25
`(2) The relevant person does not commit an offence against this 26
Act or the Administration Act if-- 27
Page 77
Revenue and Other Legislation Amendment Bill 2010
Part 8 Amendment of Payroll Tax Act 1971
[s 101]
(a) for a relevant person who lodged a final return before 1 1
July 2010 and paid, in compliance with the pre-amended 2
Act, the relevant person's liability for payroll tax in 3
relation to the return--the relevant person notifies the 4
commissioner in writing of the amount of the relevant 5
wages no later than 21 July 2010; or 6
(b) otherwise--the relevant person includes the relevant 7
wages in a return lodged no later than 21 July 2010. 8
`(3) In this section-- 9
relevant person means-- 10
(a) an employer by whom relevant wages were paid or 11
payable; or 12
(b) an administrator for an employer mentioned in 13
paragraph (a). 14
`140 Reassessment--final return included excluded 15
wages 16
`(1) This section applies if-- 17
(a) excluded wages are paid or payable by an employer; and 18
(b) before 21 July 2010, the employer lodges a final return 19
including all taxable wages under the pre-amended Act 20
paid or payable by the employer for the final period. 21
`(2) The employer may lodge a written application for a 22
reassessment. 23
`(3) If the employer lodges an application under subsection (2), 24
the commissioner must make a reassessment of the 25
employer's final liability disregarding the excluded wages for 26
working out the liability. 27
Note-- 28
The Administration Act, sections 18 and 21 and part 4, division 2 apply 29
for the reassessment and the refund of any excess tax paid by the 30
employer. 31
`(4) In this section-- 32
Page 78
Revenue and Other Legislation Amendment Bill 2010
Part 8 Amendment of Payroll Tax Act 1971
[s 102]
excluded wages means wages-- 1
(a) paid or payable by an employer on or after 1 July 2009 2
but before 1 July 2010; and 3
(b) that are taxable wages under the pre-amended Act and 4
are not taxable wages under the amended Act.'. 5
Clause 102 Amendment of schedule (Dictionary) 6
(1) Schedule, definitions amended Act, amending Act and 7
relevant employer-- 8
omit. 9
(2) Schedule-- 10
insert-- 11
`amended Act-- 12
(a) for part 7, see section 98; and 13
(b) for part 9, see section 135. 14
amending Act-- 15
(a) for part 7, see section 98; and 16
(b) for part 9, see section 135. 17
pre-amended Act, for part 9, see section 135. 18
relevant employer-- 19
(a) for part 3, division 2, see section 58; and 20
(b) for part 9, see section 135. 21
relevant wages, for part 9, see section 135.'. 22
Page 79
Revenue and Other Legislation Amendment Bill 2010
Part 9 Amendment of State Financial Institutions and Metway Merger Facilitation Act 1996
[s 103]
Part 9 Amendment of State Financial 1
Institutions and Metway Merger 2
Facilitation Act 1996 3
Clause 103 Act amended 4
This part amends the State Financial Institutions and Metway 5
Merger Facilitation Act 1996. 6
Clause 104 Amendment of s 64 (Metway group companies' articles to 7
include certain provisions) 8
(1) Section 64(1)(b)-- 9
omit, insert-- 10
`(b) the managing director to be ordinarily resident in 11
Queensland.'. 12
(2) Section 64(3)-- 13
omit. 14
Clause 105 Amendment of s 71 (Obligation for existing insurance 15
liabilities) 16
(1) Section 71(2), `If'-- 17
omit, insert-- 18
`Subject to subsection (3), if'. 19
(2) Section 71-- 20
insert-- 21
`(3) The State's obligation applies only to the amount that was, on 22
the Metway amalgamation day, the maximum actual or 23
contingent liability of SIF, or a wholly-owned subsidiary of 24
SIF, for a policy or contract of insurance or indemnity 25
mentioned in subsection (1).'. 26
Page 80
Revenue and Other Legislation Amendment Bill 2010
Part 10 Amendment of Superannuation (State Public Sector) Act 1990
[s 106]
Part 10 Amendment of Superannuation 1
(State Public Sector) Act 1990 2
Clause 106 Act amended 3
This part amends the Superannuation (State Public Sector) 4
Act 1990. 5
Clause 107 Amendment of s 13A (Continuation of eligibility for 6
membership after transfer of employment) 7
(1) Section 13A(1)(c), `either'-- 8
omit, insert-- 9
`any of the following apply'. 10
(2) Section 13A(1)(c)(i), `; or'-- 11
omit, insert-- 12
`;'. 13
(3) Section 13A(1)(c)(ii), `; and'-- 14
omit, insert-- 15
`;'. 16
(4) Section 13A(1)(c)-- 17
insert-- 18
`(iii) the Minister declares, by gazette notice, that on 19
becoming an employee of the new employer the 20
person keeps all the person's existing and accruing 21
rights relating to superannuation; and'. 22
(5) Section 13A-- 23
insert-- 24
`(4) To remove any doubt, it is declared that if, under subsection 25
(2), this Act applies in relation to the person's employment-- 26
(a) the person's membership or entitlement to membership 27
of the standard defined benefit category of the scheme is 28
Page 81
Revenue and Other Legislation Amendment Bill 2010
Part 10 Amendment of Superannuation (State Public Sector) Act 1990
[s 108]
unaffected by the change in the person's employment; 1
and 2
(b) section 32N does not apply to the person. 3
`(5) A gazette notice mentioned in subsection(1)(c)(iii) may have 4
retrospective operation to the day the person becomes an 5
employee of the new employer if the gazette notice provides 6
for it. 7
`(6) In this section-- 8
standard defined benefit category see section 32M.'. 9
Clause 108 Amendment of s 13AA (Continuation of eligibility for 10
membership after employer ceases to be unit of State 11
public sector) 12
(1) Section 13AA(1)(c)-- 13
omit, insert-- 14
`(c) any of the following apply-- 15
(i) the relevant event happens under an Act that 16
provides that, on the happening of the relevant 17
event, the person keeps all the person's existing 18
and accruing rights relating to superannuation; 19
(ii) the person and the employer each gives written 20
notice to the board that he, she or it agrees to the 21
person's continued membership of the scheme; 22
(iii) the Minister declares, by gazette notice, that, on 23
the happening of the relevant event, the person 24
keeps all the person's existing and accruing rights 25
relating to superannuation; and 26
(d) for an employer who has given notice under paragraph 27
(c)(ii)--the Minister approves the employer for this 28
section.'. 29
(2) Section 13AA-- 30
insert-- 31
Page 82
Revenue and Other Legislation Amendment Bill 2010
Part 11 Amendment of Taxation Administration Act 2001
[s 109]
`(3) While a notice declaring that the person is eligible for 1
membership of the scheme is in force under section 13, the 2
person or the employer may not revoke a notice given under 3
subsection (1)(c)(ii). 4
`(4) To remove any doubt, it is declared that if, under subsection 5
(2), this Act applies in relation to the person's employment-- 6
(a) the person's membership or entitlement to membership 7
of the standard defined benefit category of the scheme is 8
unaffected by the happening of the relevant event; and 9
(b) section 32N does not apply to the person. 10
`(5) A gazette notice mentioned in subsection(1)(c)(iii) may have 11
retrospective operation to the day of the happening of the 12
relevant event if the gazette notice provides for it. 13
`(6) In subsection (4)-- 14
standard defined benefit category see section 32M.'. 15
Part 11 Amendment of Taxation 16
Administration Act 2001 17
Clause 109 Act amended 18
This part amends the Taxation Administration Act 2001. 19
Clause 110 Amendment of s 39 (General provision about refunds) 20
(1) Section 39(2) to (4)-- 21
renumber as section 39(3) to (5) 22
(2) Section 39-- 23
insert-- 24
`(2) A court or QCAT must not make an order relating to the 25
refund that is inconsistent with subsection (1).'. 26
Page 83
Revenue and Other Legislation Amendment Bill 2010
Part 11 Amendment of Taxation Administration Act 2001
[s 111]
(3) Section 39(5), definition tax, `the tax is paid'-- 1
omit. 2
Clause 111 Insertion of new pt 4, div 5, sdiv 1A 3
Part 4, division 5-- 4
insert-- 5
`Subdivision 1A Registration and release of charges 6
`47A Definition for sdiv 1A 7
`In this subdivision-- 8
registrar means the registrar of titles under the Land Title Act 9
1994 or another person responsible for keeping a register of 10
dealings in land. 11
`47B Registration of charge over land 12
`(1) This section applies if, under a revenue law, the commissioner 13
may lodge a request to register a charge over land under this 14
division. 15
`(2) The commissioner may lodge the request, in the approved 16
form, with the registrar. 17
`(3) The registrar must register the charge over the land on 18
lodgment of-- 19
(a) the request; and 20
(b) a certificate of the commissioner stating there is, under a 21
stated revenue law, a charge over the land for a stated 22
outstanding amount of tax. 23
`(4) The fee for registration of the charge is payable by the owner 24
of the land. 25
`47C Release of charge over land 26
`(1) This section applies if, in relation to a registered charge-- 27
Page 84
Revenue and Other Legislation Amendment Bill 2010
Part 11 Amendment of Taxation Administration Act 2001
[s 112]
(a) the outstanding amount of tax is paid; or 1
(b) under a reassessment, no tax is payable. 2
`(2) The commissioner must, as soon as practicable after payment 3
of the outstanding amount of tax or the reassessment, lodge 4
with the registrar a request in the approved form to register the 5
release of the charge. 6
`(3) The registrar must register the release of the charge on 7
lodgment of the request. 8
`(4) This section does not prevent the commissioner requesting 9
registration of the release of the charge in other 10
circumstances. 11
`(5) The fee for registration of the release of the charge is payable 12
by the owner of the land. 13
`(6) In this section-- 14
registered charge mean a charge registered-- 15
(a) before the commencement of this section--under a 16
revenue law; or 17
(b) on or after the commencement of this section--under 18
section 47B. 19
`47D Recovery of fees paid by commissioner 20
`(1) This section applies if the commissioner pays, to the registrar, 21
a fee mentioned in section 47B(4) or 47C(5). 22
`(2) The commissioner may recover the amount of the fee from the 23
person or persons liable for payment of the fee.'. 24
Clause 112 Amendment of s 54 (Unpaid tax interest) 25
(1) Section 54(4)(aa)-- 26
insert-- 27
`(iii) if the liable party has not complied with the Duties 28
Act 2001, section 471E--the date that is the same 29
number of days before the due date for the self 30
Page 85
Revenue and Other Legislation Amendment Bill 2010
Part 11 Amendment of Taxation Administration Act 2001
[s 113]
assessment as the number of days in the period of 1
non-compliance with the Duties Act 2001, section 2
471E; or 3
(iv) if subparagraphs (ii) and (iii) both apply--the date 4
that is the same number of days before the due date 5
for the self assessment as the total number of days 6
of non-compliance; or'. 7
(2) Section 54(5), after `(4)(aa)(ii)'-- 8
insert-- 9
`, (iii) and (iv)'. 10
(3) Section 54-- 11
insert-- 12
`(7) In this section-- 13
liable party see the Duties Act 2001, section 471A. 14
total number of days of non-compliance means the total 15
number of days worked out by adding the number of days in 16
the period of non-compliance in (4)(aa)(ii) to the number of 17
days in the period of non-compliance in (4)(aa)(iii).'. 18
Clause 113 Amendment of sch 2 (Dictionary) 19
(1) Schedule 2, definition approved form-- 20
omit. 21
(2) Schedule 2-- 22
insert-- 23
`approved form means-- 24
(a) for a request under part 4, division 5--the form 25
approved by the registrar for the request; or 26
(b) otherwise-- 27
(i) a form approved under section 153; or 28
(ii) a form approved by the commissioner under a 29
revenue law. 30
Page 86
Revenue and Other Legislation Amendment Bill 2010
Part 12 Amendment of Trans-Tasman Mutual Recognition (Queensland) Act 2003
[s 114]
registrar, for part 4, division 5, subdivision 1A, see section 1
47A.'. 2
(3) Schedule 2, definition primary tax, after `tax'-- 3
insert-- 4
`, levy'. 5
Part 12 Amendment of Trans-Tasman 6
Mutual Recognition 7
(Queensland) Act 2003 8
Clause 114 Act amended 9
This part amends the Trans-Tasman Mutual Recognition 10
(Queensland) Act 2003. 11
Clause 115 Amendment of s 2 (Commencement) 12
Section 2, `and 15 and the schedule'-- 13
omit. 14
Clause 116 Amendment of s 7 (Endorsing proposed regulations 15
under the Commonwealth Act) 16
Section 7(2)-- 17
omit, insert-- 18
`(2) A gazette notice under subsection (1) is subordinate 19
legislation.'. 20
Clause 117 Omission of s 15 (Authorisation to make gazette notice) 21
Section 15-- 22
omit. 23
Page 87
Revenue and Other Legislation Amendment Bill 2010
Part 12 Amendment of Trans-Tasman Mutual Recognition (Queensland) Act 2003
[s 118]
Clause 118 Omission of schedule (Authorised gazette notice) 1
Schedule-- 2
omit. 3
© State of Queensland 2010
Page 88
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