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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Revenue Laws Amendment Bill (No. 2) 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- The Land Tax Assessment
Act 2002 amended
3. The Act amended 3
4. Section 9A inserted 3
5. The Glossary amended 4
Part 3 -- The Stamp Act 1921 amended
6. The Act amended 5
7. Section 75JD amended 5
Part 4 -- The Taxation Administration
Act 2003 amended
8. The Act amended 7
9. Section 38 amended 7
10. Section 50 amended 7
042--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Revenue Laws Amendment Bill (No. 2) 2005
A Bill for
An Act to amend the Land Tax Assessment Act 2002, the Stamp
Act 1921 and the Taxation Administration Act 2003.
The Parliament of Western Australia enacts as follows:
page 1
Revenue Laws Amendment Bill (No. 2) 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Revenue Laws Amendment Act (No. 2) 2005.
2. Commencement
5 (1) Subject to subsection (2), this Act comes into operation on the
day on which it receives the Royal Assent.
(2) Section 5 is deemed to have come into operation on 1 July 2003.
page 2
Revenue Laws Amendment Bill (No. 2) 2005
The Land Tax Assessment Act 2002 amended Part 2
s. 3
Part 2 -- The Land Tax Assessment Act 2002 amended
3. The Act amended
The amendments in this Part are to the Land Tax Assessment
Act 2002*.
5 [* Act No. 52 of 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 243-4.]
4. Section 9A inserted
After section 9 the following section is inserted in Part 2
10 Division 1 --
"
9A. Notice of errors or omissions
(1) A person identified as being liable to pay land tax by a
land tax assessment notice must notify the
15 Commissioner of any material error or omission in the
notice, that is relevant to the assessment, in relation
to --
(a) any land owned by the person, whether or not
the land is specified in the assessment notice;
20 (b) the ownership of any land specified in the
assessment notice;
(c) any concessions or exemptions allowed,
claimed or claimable in respect of land; or
(d) any prescribed matters.
25 (2) Notice of the error or omission must be given to the
Commissioner --
(a) on or before the date specified in the
assessment notice as the due date for payment
of the land tax; or
page 3
Revenue Laws Amendment Bill (No. 2) 2005
Part 2 The Land Tax Assessment Act 2002 amended
s. 5
(b) if no such date is specified -- within 21 days
after the date of the assessment notice.
(3) In a prosecution of a person for an offence against
subsection (1) it is a defence if the person proves that
5 the person --
(a) did not know; and
(b) could not reasonably be expected to have
known,
that the notice to which the prosecution relates
10 contained any material error or omission.
Penalty: $5 000.
".
5. The Glossary amended
The Glossary is amended in clause 1 in the definition of "private
15 residential property" by inserting in paragraph (d) after
"sections 24" --
" , 27 ".
page 4
Revenue Laws Amendment Bill (No. 2) 2005
The Stamp Act 1921 amended Part 3
s. 6
Part 3 -- The Stamp Act 1921 amended
6. The Act amended
The amendments in this Part are to the Stamp Act 1921*.
[* Reprint 14 as at 12 September 2003.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 426.]
7. Section 75JD amended
Section 75JD(2) and (2a) are repealed and the following
subsections are inserted instead --
10 "
(2) An application for an exemption under section 75JA or
75JB as to an instrument or Part IIIBA statement
cannot be made more than 12 months after the date of
execution of the instrument or the occurrence of the
15 relevant acquisition.
(2a) An application for an exemption under section 75JA or
75JB as to an instrument (other than an instrument
referred to in section 75JB(2a)) or Part IIIBA statement
cannot be made if duty payable on the instrument or
20 statement has been assessed.
(2b) An application for an exemption under section 75JB
for an instrument referred to in section 75JB(2a) cannot
be made if, because of the agreement evidenced by the
instrument, an application has been made for the
25 transfer of a licence.
(2c) Subsection (2d) applies to an application for the
reassessment of duty payable on an instrument or
Part IIIBA statement to be made on the basis that, if an
application for an exemption under section 75JA or
30 75JB (as the case requires) had been made before the
page 5
Revenue Laws Amendment Bill (No. 2) 2005
Part 3 The Stamp Act 1921 amended
s. 7
duty was assessed, an exemption would have been
granted.
(2d) Despite section 17(1) of the Taxation Administration
Act 2003, an application for reassessment to which this
5 subsection applies cannot be made more than
12 months after the date of execution of the instrument
or the occurrence of the relevant acquisition.
(2e) Subsection (2f) applies to an application for the
reassessment of duty payable on the transfer of a
10 licence to be made on the basis that, if an application
for an exemption under section 75JB as to an
instrument referred to in section 75JB(2a) had been
made before the application for the transfer was made,
an exemption certificate would have been issued under
15 section 75JB(3a).
(2f) Despite section 17(1) of the Taxation Administration
Act 2003, an application for reassessment to which this
subsection applies cannot be made more than
12 months after the date of execution of the instrument.
20 ".
page 6
Revenue Laws Amendment Bill (No. 2) 2005
The Taxation Administration Act 2003 amended Part 4
s. 8
Part 4 -- The Taxation Administration
Act 2003 amended
8. The Act amended
The amendments in this Part are to the Taxation Administration
5 Act 2003*.
[* Act No. 1 of 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 448-9
and Act No. 84 of 2004.]
10 9. Section 38 amended
(1) Section 38(5) is amended by inserting after "State
Administrative Tribunal" --
" for those directions ".
(2) Section 38(6) is repealed.
15 10. Section 50 amended
Section 50(1) is amended as follows:
(a) in paragraph (a) by deleting "self assessment" and
inserting instead --
" self-assessment ";
20 (b) in paragraph (d) by inserting after "paid" --
" or payable ";
(c) after paragraph (d) by deleting "and";
(d) after paragraph (e) by deleting the full stop and
inserting --
25 "
;
(f) may authorise the responsible party to correct
errors of a prescribed kind, or to alter a
page 7
Revenue Laws Amendment Bill (No. 2) 2005
Part 4 The Taxation Administration Act 2003 amended
s. 10
self-assessment in prescribed circumstances;
and
(g) may authorise the responsible party to cancel a
stamp duty certificate issued by the party under
5 the arrangement and issue a replacement
certificate to give effect to any corrections or
alterations made in accordance with the
arrangement.
".
10
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