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This is a Bill, not an Act. For current law, see the Acts databases.


PAY-ROLL TAX ASSESSMENT AMENDMENT BILL 2019

                        Western Australia


Pay-roll Tax Assessment Amendment Bill 2019

                            Contents

  1.    Short title                                                 2
  2.    Commencement                                                2
  3.    Act amended                                                 2
  4.    Section 41D amended                                         2
  5.    Schedule 1 clause 15 amended                                2
  6.    Schedule 1 clause 16 deleted                                3
  7.    Schedule 1 Division 7 inserted                              3
        Division 7 -- Provisions for the Pay-roll Tax
               Assessment Amendment Act 2019
        18.       Terms used                                   3
        19.       Application of amendments made by
                  Pay-roll Tax Assessment Amendment
                  Act 2019                                     3
        20.       Exemption for wages paid or payable:
                  training contracts lodged for registration
                  before 1 December 2017                       4
        21.       Exemption for wages paid or payable:
                  training contracts lodged for registration
                  between 1 December 2017 and
                  30 June 2019                                 4




                              123--1                                page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


 Pay-roll Tax Assessment Amendment Bill 2019

                               A Bill for


An Act to amend the Pay-roll Tax Assessment Act 2002.



The Parliament of Western Australia enacts as follows:




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     Pay-roll Tax Assessment Amendment Bill 2019



     s. 1




1    1.         Short title
2               This is the Pay-roll Tax Assessment Amendment Act 2019.

3    2.         Commencement
4               This Act comes into operation as follows --
5                (a) sections 1 and 2 -- on the day on which this Act
6                      receives the Royal Assent;
7                (b) the rest of the Act -- on 1 July 2019.

8    3.         Act amended
9               This Act amends the Pay-roll Tax Assessment Act 2002.

10   4.         Section 41D amended
11        (1)   In section 41D(1) delete the definitions of:
12              group member
13              initial employer
14              nominal period
15        (2)   Delete section 41D(3) to (6) and insert:
16

17              (3)   An exemption under subsection (2) does not apply to
18                    wages paid or payable to or in relation to an employee
19                    under a registered training contract that is suspended
20                    under the VET Act for the period of the suspension.
21

22              Note: The heading to amended section 41D is to read:
23                    Exempt wages: apprentices under training contracts

24   5.         Schedule 1 clause 15 amended
25        (1)   In Schedule 1 clause 15 delete the definitions of:
26              apprentice
27              existing training contract

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                                       Pay-roll Tax Assessment Amendment Bill 2019



                                                                                     s. 6



1         (2)     In Schedule 1 clause 15 in the definition of commencement day
2                 delete "operation;" and insert:
3

4                 operation.
5

6                 Note: The heading to amended Schedule 1 clause 15 is to read:
7                       Term used: commencement day

8    6.           Schedule 1 clause 16 deleted
9                 Delete Schedule 1 clause 16.

10   7.           Schedule 1 Division 7 inserted
11                At the end of Schedule 1 insert:
12


13              Division 7 -- Provisions for the Pay-roll Tax Assessment
14                              Amendment Act 2019

15          18.         Terms used
16                      In this Division --
17                      apprentice has the meaning given in the VET Act
18                      section 60A;
19                      commencement day means the day on which the Pay-roll
20                      Tax Assessment Amendment Act 2019 section 4 comes into
21                      operation;
22                      former section 41D means section 41D as in force
23                      immediately before commencement day;
24                      VET Act means the Vocational Education and Training
25                      Act 1996.

26          19.         Application of amendments made by Pay-roll Tax
27                      Assessment Amendment Act 2019
28                      The amendments made by the Pay-roll Tax Assessment
29                      Amendment Act 2019 apply in relation to wages paid or
30                      payable on or after commencement day.


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     Pay-roll Tax Assessment Amendment Bill 2019



     s. 7



1           20.         Exemption for wages paid or payable: training contracts
2                       lodged for registration before 1 December 2017
3                 (1)   This clause applies to a training contract (the
4                       pre-1 December 2017 training contract) if --
5                         (a) in accordance with a requirement imposed under the
6                               VET Act section 60C(5), an apprentice under the
7                               training contract is referred to as a "trainee"; and
8                         (b) the training contract was lodged for registration
9                               under the VET Act section 60F(2) before
10                              1 December 2017.
11                (2)   Despite the amendments made by the Pay-roll Tax
12                      Assessment Amendment Act 2019 section 4, wages paid or
13                      payable by an employer to or in relation to an employee are
14                      exempt from pay-roll tax if --
15                        (a)   the wages are paid or payable for a period during
16                              which the employee is an apprentice under the
17                              pre-1 December 2017 training contract; and
18                        (b)   the wages would have been exempt from pay-roll
19                              tax under former section 41D, as modified by
20                              Schedule 1 clause 16 (as that clause was in force
21                              immediately before commencement day).

22          21.         Exemption for wages paid or payable: training contracts
23                      lodged for registration between 1 December 2017 and
24                      30 June 2019
25                (1)   This clause applies to a training contract (the
26                      pre-1 July 2019 training contract) if --
27                        (a)   in accordance with a requirement imposed under the
28                              VET Act section 60C(5), an apprentice under the
29                              training contract is referred to as a "trainee"; and
30                        (b)   the training contract was lodged for registration
31                              under the VET Act section 60F(2) during the period
32                              beginning on 1 December 2017 and ending
33                              immediately before commencement day.
34                (2)   Despite the amendments made by the Pay-roll Tax
35                      Assessment Amendment Act 2019 section 4, wages paid or


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                 Pay-roll Tax Assessment Amendment Bill 2019



                                                                  s. 7



1   payable by an employer to or in relation to an employee are
2   exempt from pay-roll tax if --
3     (a)   the wages are paid or payable for a period during
4           which the employee is an apprentice under the
5           pre-1 July 2019 training contract; and
6     (b)   the wages would have been exempt from pay-roll
7           tax under former section 41D.
8


9




 


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