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State Taxation Acts Amendment Bill 2023

         State Taxation Acts Amendment Act 2023
                             No.           of 2023


                      TABLE OF PROVISIONS
Clause                                                                      Page

Part 1--Preliminary                                                             1
  1      Purposes                                                              1
  2      Commencement                                                          4
Part 2--Amendment of Duties Act 2000                                            5
Division 1--Corporate collective investment vehicles                            5
  3      Definitions                                                           5
  4      New section 3J inserted                                               5
  5      New Part 3A of Chapter 11 inserted                                    8
Division 2--Special disability trusts and persons with a disability             9
  6      New section 32XJ inserted                                             9
  7      Special disability trusts                                             9
  8      New sections 38AB to 38AF inserted                                   10
  9      New Division 4B of Part 5 of Chapter 2 inserted                      14
Division 3--Pensioner and concession card duty reduction                       19
  10     Definitions                                                          19
  11     What is the consideration for the transfer of dutiable property?     19
  12     Exemption or concession for new homes in City of Melbourne           19
  13     Heading to Division 5 of Part 5 of Chapter 2 amended                 20
  14     New section 58AA inserted                                            20
  15     Section 58 amended                                                   21
  16     Sections 59 and 60 substituted and new sections 60AA to
         60AAE inserted                                                       21
  17     Section 60A amended                                                  28
  18     Eligible mortgages under concession schemes                          29
  19     Transitional provisions                                              29
Division 4--Insurance duty                                                     30
  20     Definitions                                                          30
  21     Section 179 substituted                                              30
Division 5--Statute law revision                                               32
  22     Statute law revision amendments                                      32



                                       i
Clause                                                                        Page

Part 3--Amendment of Fire Services Property Levy Act 2012                        34
 23      Refund of amounts overpaid                                             34
 24      Cancellation of assessment of liability to pay levy amount
         made in error                                                          34
Part 4--Amendment of Land Tax Act 2005                                           35
Division 1--Corporate collective investment vehicles                             35
 25      Definitions                                                            35
 26      New section 3G inserted                                                36
Division 2--Land tax rates                                                       38
 27      Land tax surcharge for absentee trusts                                 38
 28      Land tax for absentee fixed trust if beneficial interests notified
         to Commissioner                                                        38
 29      Land tax for absentee unit trust scheme if unitholdings notified
         to Commissioner                                                        39
 30      Land tax for beneficiary/trustees                                      39
 31      Land tax for PPR land if nominated PPR beneficiary                     39
 32      Land tax surcharge for related absentee corporations                   39
 33      BTR benefit--exemption from absentee owner land tax
         surcharge for eligible land                                            40
 34      Clause 1.5 of Part 1 of Schedule 1 amended                             40
 35      New clause 1.6 of Part 1 of Schedule 1 inserted                        40
 36      Clause 3.5 of Part 3 of Schedule 1 amended                             41
 37      New clause 3.6 of Part 3 of Schedule 1 inserted                        41
 38      Clause 4.4 of Part 4 of Schedule 1 amended                             42
 39      New clauses 4.5 and 4.6 of Part 4 of Schedule 1 inserted               43
 40      Clause 5.4 of Part 5 of Schedule 1 amended                             45
 41      New clauses 5.5 and 5.6 of Part 5 of Schedule 1 inserted               45
Division 3--Principal place of residence exemption for person with
a disability (qualifying)                                                       48
 42      Definitions                                                            48
 43      New section 53B inserted                                               49
 44      Principal place of residence exemption                                 49
 45      Deferral of tax on certain residential land for 6 months               50
 46      Deferral of tax for residential land to be used during tax year        50
 47      Absence from principal place of residence                              51
 48      Exemption continues on death of resident                               52
 49      Exemption continues if land becomes unfit for occupation               52
 50      Sale of old principal residence                                        53
 51      Partial exemption if land used for business activities                 53




                                        ii
Clause                                                                    Page

Division 4--Construction and renovation of principal place of
residence                                                                   53
  52     Unoccupied land subsequently used as principal place of
         residence                                                          53
  53     New section 61I inserted                                           53
Division 5--Conservation covenants                                           55
  54     New section 86A inserted                                           55
Division 6--Statute law revision                                             56
  55     Statute law revision amendments                                    56
Part 5--Amendment of Payroll Tax Act 2007                                    57
Division 1--Corporate collective investment vehicles                         57
  56     Definitions                                                        57
  57     New Part 1A of Schedule 2 inserted                                 57
Division 2--Payroll tax liability                                            57
  58     Definitions--Schedule 1                                             57
Division 3--COVID-19 debt temporary payroll tax surcharge                    58
  59     Definitions--Schedule 1                                             58
  60     New clause 1B of Schedule 1 inserted                               58
  61     Payroll of employer over threshold                                 58
  62     Payroll of group over threshold where section 87(2) approval
         in force--employers covered by joint return are all of the same
         type                                                               59
  63     Payroll of group over threshold where section 87(2) approval
         in force--employers covered by joint return are not all of the
         same type                                                          59
  64     Payroll of group over threshold--where no section 87(2)
         approval in force                                                  60
  65     Calculation of payroll tax                                         60
  66     Definitions--Schedule 2                                             60
  67     New clause 1B of Schedule 2 inserted                               61
  68     Amount of payroll tax to be paid each month                        61
  69     Monthly payroll tax payable where section 87(2) approval in
         force--employers covered by joint return are all of the same
         type                                                               61
  70     Monthly payroll tax payable where section 87(2) approval in
         force--employers covered by joint return are not all of the
         same type                                                          62
  71     Monthly payroll tax payable where no section 87(2) approval
         in force                                                           62
  72     Amount of payroll tax to be paid each month                        63



                                     iii
Clause                                                                   Page

Division 4--Payroll tax thresholds and deductions                           63
 73      Registration                                                      63
 74      Definitions--Schedule 1                                            63
 75      Payroll of employer over threshold                                64
 76      Clause 7A of Schedule 1 substituted                               66
 77      Definitions--Schedule 2                                            67
 78      Deductible amount for employer who does not pay interstate
         wages                                                             67
 79      Deductible amount for employer who pays interstate wages          68
 80      Deductible amount for groups that do not pay interstate wages     69
 81      Deductible amount for groups that pay interstate wages            69
Division 5--Declared schools                                                70
 82      Schools and school councils                                       70
Division 6--Statute law revision                                            71
 83      Statute law revision amendment                                    71
Part 6--Amendment of Planning and Environment Act 1987                      72
Division 1--Plans of subdivision for which statement of
compliance not required                                                    72
 84      Definitions--Part 9B                                               72
 85      GAIC events                                                       72
 86      Excluded events                                                   72
 87      What is a sub-sale of dutiable property?                          73
 88      New section 201RJ inserted                                        73
 89      Time of occurrence of GAIC event                                  74
 90      Persons liable to pay GAIC                                        74
 91      When and to whom the GAIC is payable                              74
 92      Time for payment of apportioned and deferred GAIC on
         public purpose land subdivision                                   75
 93      Certificate of no GAIC liability                                  75
 94      Notice to Registrar regarding registration of subdivision or
         transfer of land                                                  76
 95      Exemption from paying GAIC if duties exemption would
         apply                                                             76
Division 2--Abolition of Growth Areas Infrastructure
Contribution Hardship Relief Board                                         76
 96      When and to whom the GAIC is payable                              76
 97      Liability to pay deferred GAIC in relation to subsequent
         dutiable transactions                                             77
 98      Subdivision 1 of Division 3 of Part 9B repealed                   77
 99      Heading to Subdivision 2 of Division 3 of Part 9B amended         77
 100     Section 201TE amended                                             77



                                       iv
Clause                                                                Page

 101      Subdivision 4 of Division 3 of Part 9B repealed               78
Division 3--Apportionment of growth areas infrastructure
contribution                                                            78
 102      Apportionment of GAIC on issue of statement of compliance     78
 103      Apportionment of GAIC on issue of statement of compliance     78
Division 4--Transitional provisions                                      78
 104      New section 229 inserted                                      78
Part 7--Amendment of Subdivision Act 1988                                80
 105      When can the Registrar register a plan?                       80
 106      What is the effect of registration?                           80
 107      Acquisition of land by acquiring authority                    80
Part 8--Amendment of Taxation Administration Act 1997                    82
 108      Objection                                                     82
Part 9--Amendment of Valuation of Land Act 1960                          83
 109      Who may object?                                               83
 110      Determination of objection                                    83
Part 10--Repeal of this Act                                              84
 111      Repeal of this Act                                            84
                               ═════════════
Endnotes                                                                85
 1       General information                                            85




                                       v
     State Taxation Acts Amendment
                Act 2023 
                    No.          of 2023

                           [Assented to                         ]


The Parliament of Victoria enacts:


                Part 1--Preliminary
     1 Purposes
             The purposes of this Act are--
              (a) to amend the Duties Act 2000--
                   (i) to provide for the application of that
                       Act to corporate collective investment
                       vehicles; and




                             1
State Taxation Acts Amendment Act 2023
            No.      of 2023
         Part 1--Preliminary


      (ii) to further provide for exemptions and
           concessions from duty for special
           disability trusts; and
     (iii) to provide for an exemption from duty
           for a transfer of a principal place of
           residence to a person with a disability
           in certain circumstances; and
     (iv) in relation to exemptions and
          concessions from duty for eligible
          cardholders; and
      (v) to provide for a decreasing rate of duty
          and exemption from duty on business
          insurance premiums; and
(b) to amend the Fire Services Property Levy
    Act 2012 in relation to overpayments and
    payments made in error; and
(c) to amend the Land Tax Act 2005--
      (i) to provide for the application of that
          Act to corporate collective investment
          vehicles; and
      (ii) to provide for an exemption from land
           tax for land subject to a conservation
           covenant; and
     (iii) to temporarily increase certain land tax
           rates to offset COVID-19 debt; and
     (iv) to increase the absentee owner
          surcharge rate to 4%; and
      (v) to decrease the tax free threshold for
          land held by an absentee owner to
          $50 000; and
     (vi) to provide for an exemption from land
          tax for land used or occupied by a
          person with a disability in certain
          circumstances; and


                  2
State Taxation Acts Amendment Act 2023
            No.      of 2023
         Part 1--Preliminary


    (vii) to make further provision for the
          exemption for the construction or
          renovation of a principal place of
          residence; and
(d) to amend the Payroll Tax Act 2007--
      (i) in relation to the meaning of wages in
          that Act; and
      (ii) in relation to payroll tax liability; and
     (iii) to introduce a temporary payroll tax
           surcharge to offset COVID-19 debt;
           and
     (iv) to adjust the thresholds for determining
          a payroll tax liability; and
      (v) to provide for the declaration of schools
          by which wages paid or payable are
          exempt wages; and
(e) to amend the Planning and Environment
    Act 1987 in relation to growth areas
    infrastructure contribution; and
 (f) to amend the Subdivision Act 1988 in
     relation to growth areas infrastructure
     contribution; and
(g) to amend the Taxation Administration
    Act 1997 in relation to objections to
    valuations used for assessing a windfall
    gains tax liability; and
(h) to amend the Valuation of Land Act 1960
    in relation to objections to valuations used
    for assessing a windfall gains tax liability;
    and
 (i) to make other miscellaneous and technical
     amendments to those Acts.




                  3
      State Taxation Acts Amendment Act 2023
                  No.      of 2023
                Part 1--Preliminary


2 Commencement
  (1) This Part comes into operation on the day on
      which this Act receives the Royal Assent.
  (2) Division 2 of Part 5 is taken to have come into
      operation on 1 July 2022.
  (3) The remaining provisions of this Act (except
      Parts 8 and 9, Divisions 2 and 3 of Part 2 and
      Divisions 3, 4 and 5 of Part 5) come into operation
      on the day after the day on which this Act receives
      the Royal Assent.
  (4) Parts 8 and 9, Divisions 2 and 3 of Part 2 and
      Division 3 of Part 5 come into operation on
      1 July 2023.
  (5) Divisions 4 and 5 of Part 5 come into operation on
      1 July 2024.




                        4
        State Taxation Acts Amendment Act 2023
                    No.      of 2023
         Part 2--Amendment of Duties Act 2000



Part 2--Amendment of Duties Act 2000
Division 1--Corporate collective investment
                vehicles
 3 Definitions
        In section 3(1) of the Duties Act 2000 insert the
        following definitions--
        "assets, in relation to a sub-fund of a CCIV, has
             the meaning given by section 1233H of the
             Corporations Act;
        corporate collective investment vehicle or CCIV
             has the same meaning as in the Corporations
             Act;
        liabilities, in relation to a sub-fund of a CCIV, has
              the meaning given by section 1233L of the
              Corporations Act;
        member, in relation to a sub-fund of a CCIV, has
           the same meaning as in paragraph (c) of the
           definition of that term in the Corporations
           Act;
        referable, in relation to a sub-fund and a share in a
             CCIV, has the meaning given by section
             1230(1) of the Corporations Act;
        sub-fund, of a CCIV, has the meaning given by
             section 1222Q(1) of the Corporations Act;".
 4 New section 3J inserted
        After section 3I of the Duties Act 2000 insert--
        "3J Application of this Act to corporate
            collective investment vehicles
        (1) For the purposes of this Act, each sub-fund
            of a CCIV is taken to be a unit trust scheme
            of which--




                          5
State Taxation Acts Amendment Act 2023
            No.      of 2023
Part 2--Amendment of Duties Act 2000


      (a) the CCIV is the trustee; and
      (b) the business, assets and liabilities of the
          sub-fund are the trust property; and
      (c) the members of the sub-fund are the
          beneficiaries.
     Example
     A CCIV has 2 sub-funds: sub-fund A and sub-fund B.
     The assets of sub-fund B include land with an
     unencumbered value of $5 million. Each sub-fund is
     taken to be a separate unit trust scheme. In the case of
     sub-fund B--
        •  the CCIV is the trustee; and
        •  the land is the trust property; and
        •  the members of the sub-fund are the
          beneficiaries of the unit trust scheme.
(2) For a sub-fund that is taken to be a unit trust
    scheme under subsection (1)--
      (a) a share in the CCIV that is referable to
          that sub-fund is taken to be a unit in the
          unit trust scheme; and
      (b) a shareholder of that share, as a
          member of that sub-fund, is taken to be
          a registered unitholder of the unit in the
          unit trust scheme; and
      (c) any rights, entitlements, obligations and
          other characteristics attaching to that
          share are taken, as far as practicable, to
          be the same rights, entitlements,
          obligations and other characteristics
          attaching to the unit; and




                    6
State Taxation Acts Amendment Act 2023
            No.      of 2023
Part 2--Amendment of Duties Act 2000


         (d) a winding up of the sub-fund is taken to
             be a winding up of the unit trust
             scheme; and
         (e) a person who has an entitlement,
             whether directly or through another
             person, to a distribution of property on
             the winding up of the sub-fund is taken
             to have the same entitlement to a
             distribution of property on the winding
             up of the unit trust scheme.
     Examples
     1      A CCIV has one sub-fund: sub-fund C. The
            shares that are referable to sub-fund C entitle the
            shareholders to a distribution of property on the
            winding up of the sub-fund. Sub-fund C is taken
            to be a unit trust scheme for which--
             •     a share that is referable to the sub-fund is
                  taken to be a unit in the unit trust scheme;
                  and
             •     a shareholder of that share is taken to be a
                  unitholder of the unit in the unit trust
                  scheme; and
             •     the entitlement of that shareholder to a
                  distribution of property on the winding up
                  of the sub-fund is taken to be the
                  entitlement of a unitholder to a distribution
                  of property on the winding up of the unit
                  trust scheme.
     2      A CCIV has 2 sub-funds: sub-fund D and
            sub-fund E. The assets of sub-fund E include
            land with an unencumbered value of $10 million.
            Each sub-fund is taken to be a separate unit trust
            scheme. The unit trust scheme that is sub-fund E
            is a landholder for the purposes of Part 2 of
            Chapter 3. The CCIV, in respect of sub-fund D,
            then acquires 100% of the shares referable to
            sub-fund E. That acquisition is a relevant
            acquisition within the meaning given by
            section 78. In accordance with section 75, the
            unit trust scheme that is sub-fund E is then a




                      7
       State Taxation Acts Amendment Act 2023
                   No.      of 2023
        Part 2--Amendment of Duties Act 2000


                   linked entity of the unit trust scheme that is
                   sub-fund D.
       (3) For the purposes of this Act, a CCIV is taken
           to be a separate person in relation to each
           unit trust scheme of which it is the trustee
           under subsection (1).
       (4) This Act does not apply to a CCIV or the
           members of a sub-fund of a CCIV except as
           provided in this section.".
5 New Part 3A of Chapter 11 inserted
       After Part 3 of Chapter 11 of the Duties Act 2000
       insert--

         "Part 3A--Corporate collective
               investment vehicles
   251AA Corporate collective investment vehicles
            No duty is chargeable under this Act in
            respect of a transfer of dutiable property
            from either of the following to the other--
             (a) a CCIV taken to be the trustee of a unit
                 trust scheme;
             (b) a person acting as a custodian of the
                 CCIV in respect of the same unit trust
                 scheme.
            Note
            Section 3J contains general provisions regarding the
            application of this Act to CCIVs.".




                             8
          State Taxation Acts Amendment Act 2023
                      No.      of 2023
           Part 2--Amendment of Duties Act 2000


Division 2--Special disability trusts and persons
              with a disability
  6 New section 32XJ inserted
          Before section 32Y of the Duties Act 2000
          insert--
       "32XJ Definitions
               In this Division--
               principal beneficiary has the meaning given
                    by--
                      (a) section 1209M(1) of the Social
                          Security Act 1991 of the
                          Commonwealth, in the case of a
                          special disability trust within the
                          meaning of section 1209L of that
                          Act; and
                      (b) section 52ZZZWA(1) of the
                          Veterans' Entitlements Act 1986
                          of the Commonwealth, in the case
                          of a special disability trust within
                          the meaning of section 52ZZZW
                          of that Act;
               residence requirement means the
                    requirement referred to in section 38AC
                    as varied (if at all) by the
                    Commissioner under section 38AD.".
  7 Special disability trusts
      (1) In section 38A(1) of the Duties Act 2000, for
          "(3) and (4)" substitute "(3), (4) and (4A)".
      (2) For section 38A(4) of the Duties Act 2000
          substitute--
         "(4) The dutiable value of the property that is the
              subject of the declaration or transfer must not
              exceed--



                            9
       State Taxation Acts Amendment Act 2023
                   No.      of 2023
        Part 2--Amendment of Duties Act 2000


             (a) for dutiable property that is an interest
                 in land to which a building is affixed
                 that the principal beneficiary intends to
                 use as their principal place of residence,
                 $1 500 000; or
             (b) for any other property, $500 000.
      (4A) For dutiable property referred to in
           subsection (4)(a), at the time of the
           transfer--
             (a) the dutiable property must meet the
                 building requirement in section 38AB;
                 and
             (b) it is intended that the principal
                 beneficiary occupy the land in
                 accordance with the residence
                 requirement.".
   (3) In section 38A(5) of the Duties Act 2000, for
       "exceeds $500 000." substitute "exceeds--
             (a) for subsection (4)(a), $1 500 000; or
             (b) for subsection (4)(b), $500 000.".
   (4) In section 38A(6) of the Duties Act 2000, the
       definition of principal beneficiary is repealed.
8 New sections 38AB to 38AF inserted
       After section 38A of the Duties Act 2000
       insert--
    "38AB Building requirement--special disability
          trusts
            For the purposes of section 38A(4A)(a), it is
            a requirement that, at the time of the
            declaration or transfer, there is a building
            affixed to the land that in the
            Commissioner's opinion--




                        10
  State Taxation Acts Amendment Act 2023
              No.      of 2023
   Part 2--Amendment of Duties Act 2000


        (a) is designed and constructed primarily
            for residential purposes; and
        (b) may lawfully be used as a place of
            residence.
38AC Residence requirement--special disability
     trusts
  (1) For the purposes of section 38A(4A)(b), it is
      a requirement that the principal beneficiary
      occupies the land as the principal
      beneficiary's principal place of residence for
      a continuous period of at least 12 months
      commencing within the 12 month period
      immediately after the declaration or transfer.
  (2) In determining whether land is occupied as
      the principal place of residence of a principal
      beneficiary, account must be taken of every
      place of residence of the principal
      beneficiary, whether in Victoria or
      elsewhere.
38AD Variation of residence requirement--
     special disability trusts
       If satisfied that there is a good reason for
       doing so, the Commissioner may--
        (a) reduce the required period of residence;
            or
        (b) determine that a temporary absence
            from residence does not break the
            continuity of residence; or
        (c) extend the period in which residence
            must begin.




                   11
  State Taxation Acts Amendment Act 2023
              No.      of 2023
   Part 2--Amendment of Duties Act 2000


38AE Liability for duty if residence requirement
     not complied with--special disability
     trusts
  (1) If the residence requirement for a declaration
      or transfer referred to in section 38A(4)(a) or
      (5)(a) is not complied with, the declaration
      or transfer is chargeable with duty--
        (a) at the rate set out in section 28(1)
            without any exemption or concession
            from duty under section 38A (that
            would otherwise have applied because
            of section 38A(4)(a) or (5)(a)), subject
            to any other exemption or concession
            (including the exemption or concession
            in section 38A that would apply
            because of section 38A(4)(b) or (5)(b));
            and
        (b) the Commissioner may reassess duty on
            the declaration or transfer accordingly.
  (2) A liability for duty imposed because of
      subsection (1) on a declaration or transfer
      arises when the residence requirement for
      that declaration or transfer is not complied
      with.
       Note
       Section 16 provides that a tax default does not occur if
       the duty is paid within 30 days after the liability for
       the duty arises.
  (3) A reassessment referred to in subsection
      (1)(b) is authorised if more than 5 years have
      passed since the initial assessment was made.
       Note
       Section 9(3)(c) of the Taxation Administration
       Act 1997 allows a reassessment to be made more than
       5 years after the initial assessment if this is authorised
       by a taxation law.




                      12
  State Taxation Acts Amendment Act 2023
              No.      of 2023
   Part 2--Amendment of Duties Act 2000


  (4) If the residence requirement for a declaration
      or transfer referred to in section 38A(4)(a) or
      (5)(a) is not complied with, subsection (5)
      applies until the trustee has paid duty for
      which the trustee is liable because of this
      section.
  (5) For the purposes of subsection (4)--
        (a) section 38A does not apply to any other
            declaration of a special disability trust,
            or transfer of dutiable property to a
            trustee of a special disability trust, of
            which the principal beneficiary is the
            same person as the principal
            beneficiary in relation to the declaration
            or transfer for which duty has been
            reassessed under subsection (1)(b); and
        (b) section 57P does not apply to any other
            transfer of dutiable property to the
            principal beneficiary.
38AF Trustee to notify Commissioner of change
     in circumstances--special disability trusts
  (1) A trustee who has received an exemption or
      concession from duty under section 38A, for
      a declaration or transfer referred to in section
      38A(4)(a) or (5)(a), must lodge a written
      notice with the Commissioner within 30 days
      after becoming aware of any circumstances
      that may result in the residence requirement
      not being complied with.
  (2) A failure of a trustee to comply with
      subsection (1) does not affect the
      Commissioner's power to reassess duty
      under section 38AE or to exercise a
      discretion under section 38AD.".




                   13
        State Taxation Acts Amendment Act 2023
                    No.      of 2023
        Part 2--Amendment of Duties Act 2000


9 New Division 4B of Part 5 of Chapter 2 inserted
       After Division 4A of Part 5 of Chapter 2 of the
       Duties Act 2000 insert--

           "Division 4B--Principal places of
        residence and persons with a disability
      57O Definitions
             In this Division--
             immediate family member, of a transferee,
                 means an individual--
                    (a) who is a natural parent, adoptive
                        parent or step-parent of the
                        transferee; or
                    (b) who is, or was when the transferee
                        was under 18 years of age, a legal
                        guardian of the transferee; or
                    (c) who is a grandparent of the
                        transferee; or
                    (d) who is a sibling of the transferee;
             residence requirement means the
                  requirement referred to in section 57S
                  as varied (if at all) by the
                  Commissioner under section 57T.
       57P Exemption for transfer of principal place
           of residence to person with a disability
        (1) A transferee is entitled to an exemption from
            duty under this Chapter in respect of a
            transfer of dutiable property if--
              (a) the transferee meets the qualifying
                  requirement in section 57Q; and
              (b) the transferor is an immediate family
                  member of the transferee; and



                         14
 State Taxation Acts Amendment Act 2023
             No.      of 2023
 Part 2--Amendment of Duties Act 2000


       (c) no consideration is provided for the
           transfer; and
       (d) the dutiable value of the dutiable
           property the subject of the transfer is
           not more than $1 500 000; and
       (e) the dutiable property is an estate or
           interest in land and meets the building
           requirement in section 57R; and
       (f) the transferee intends to occupy the
           land as their principal place of
           residence.
      Note
      The residence requirement must also be met after the
      transfer of dutiable property or the transfer can be
      reassessed for duty--see sections 57S to 57V.
 (2) If there is more than one transferee in respect
     of the transfer, each of the transferees must
     be individually entitled to receive the
     exemption under subsection (1) for all of the
     transferees to receive the exemption.
 (3) A transferee is not entitled to an exemption
     under subsection (1) if, after the transfer, a
     person who does not meet the qualifying
     requirement in section 57Q is also an owner
     of the land.
57Q Qualifying requirement
      It is a requirement for the purposes of an
      exemption from duty under section 57P that,
      prior to the transfer, the transferee has
      received a determination in writing that the
      transferee meets the impairment or disability
      conditions for a special disability trust--
       (a) from Services Australia under section
           1209M of the Social Security Act 1991
           of the Commonwealth; or


                   15
 State Taxation Acts Amendment Act 2023
             No.      of 2023
 Part 2--Amendment of Duties Act 2000


       (b) from the Department of Veterans'
           Affairs under section 52ZZZWA of the
           Veterans' Entitlements Act 1986 of the
           Commonwealth.
57R Building requirement
      It is a requirement for the purposes of an
      exemption from duty under section 57P that,
      at the time of the transfer, the dutiable
      property has a building affixed to the land
      that in the Commissioner's opinion--
       (a) is designed and constructed primarily
           for residential purposes; and
       (b) may lawfully be used as a place of
           residence.
57S Residence requirement
 (1) It is a requirement for the purposes of an
     exemption from duty under section 57P that
     the transferee, or each of the transferees if
     there is more than one transferee, occupies
     the land as their principal place of residence
     for a continuous period--
       (a) of at least 12 months; and
       (b) commencing within the 12 month
           period immediately after the transferee
           or transferees became entitled to
           possession of the land.
 (2) In determining whether land is occupied as
     the principal place of residence of a
     transferee, account must be taken of every
     place of residence of the transferee, whether
     in Victoria or elsewhere.




                  16
 State Taxation Acts Amendment Act 2023
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 Part 2--Amendment of Duties Act 2000


57T Variation of residence requirement
      If satisfied that there is a good reason for
      doing so, the Commissioner may--
       (a) reduce the required period of residence;
           or
       (b) determine that a temporary absence
           from residence does not break the
           continuity of residence; or
       (c) extend the period in which residence
           must begin.
57U Liability for duty if residence requirement
    not complied with
 (1) If the residence requirement for a transfer
     referred to in section 57P is not complied
     with--
       (a) the transfer is chargeable with duty at
           the rate set out in section 28(1) without
           any exemption from duty under
           section 57P, subject to any other
           exemption or concession; and
       (b) the Commissioner may reassess duty on
           the transfer accordingly.
 (2) A liability for duty imposed because of
     subsection (1) on a transfer arises when the
     residence requirement for that transfer is not
     complied with.
      Note
      Section 16 provides that a tax default does not occur if
      the duty is paid within 30 days after the liability for
      the duty arises.




                    17
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 Part 2--Amendment of Duties Act 2000


 (3) A reassessment referred to in subsection
     (1)(b) is authorised if more than 5 years have
     passed since the initial assessment was made.
      Note
      Section 9(3)(c) of the Taxation Administration
      Act 1997 allows a reassessment to be made more than
      5 years after the initial assessment if this is authorised
      by a taxation law.
 (4) If the residence requirement for a transfer
     referred to in section 57P is not complied
     with, subsection (5) applies until the
     transferee has paid duty for which the
     transferee is liable because of this section.
 (5) For the purposes of subsection (4)--
       (a) section 38A does not apply to any other
           transfer of dutiable property to a trustee
           of a special disability trust, or a
           declaration of a special disability trust,
           of which the transferee is the principal
           beneficiary; and
       (b) section 57P does not apply to any other
           transfer of dutiable property to the
           transferee.
 (6) In this section--
      principal beneficiary has the same meaning
           as in section 32XJ.
57V Transferee to notify Commissioner of
    change in circumstances
 (1) A transferee who has received an exemption
     from duty under section 57P must lodge a
     written notice with the Commissioner within
     30 days after becoming aware of any
     circumstances that may result in the
     residence requirement not being complied
     with.



                     18
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          (2) A failure of a transferee to comply with
              subsection (1) does not affect the
              Commissioner's power to exercise a
              discretion under section 57T or reassess duty
              under section 57U.".

Division 3--Pensioner and concession card duty
                 reduction
 10 Definitions
         In section 3(1) of the Duties Act 2000--
           (a) insert the following definition--
               "eligible cardholder has the meaning given
                     by section 58;";
           (b) the definition of eligible pensioner is
               repealed.
 11 What is the consideration for the transfer of
    dutiable property?
         In section 21(2) of the Duties Act 2000--
           (a) in paragraph (b), for "section 57JA."
               substitute "section 57JA;";
           (b) after paragraph (b) insert--
               "(c) applying an exemption or concession
                    under section 60, if the dutiable value
                    of the property is not more than the
                    maximum amount specified in
                    section 57J.".
 12 Exemption or concession for new homes in City of
    Melbourne
         For section 57FC(4) of the Duties Act 2000
         substitute--
         "(4) No account is to be taken of this section in
              determining any duty chargeable under
              section 28A(2) on a transfer to a foreign


                           19
         State Taxation Acts Amendment Act 2023
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          Part 2--Amendment of Duties Act 2000


              purchaser of a land-related interest in
              residential property.".
13 Heading to Division 5 of Part 5 of Chapter 2
   amended
        In the heading to Division 5 of Part 5 of Chapter 2
        of the Duties Act 2000, for "Eligible pensioner"
        substitute "Pensioner and concession card duty
        reduction".
14 New section 58AA inserted
        Before section 58 of the Duties Act 2000 insert--
     "58AA Definition
         (1) In this Division--
              residence requirement means the
                   requirement referred to in section
                   60AAB as varied (if at all) by the
                   Commissioner under section 60AAC.
         (2) For the purposes of this Division, a reference
             to--
               (a) a bona fide purchaser of an estate in fee
                   simple in land includes a reference to--
                     (i) a person to whom a lease referred
                         to in section 7(1)(b)(v) has been
                         granted; and
                    (ii) a person to whom a lease referred
                         to in section 7(1)(b)(va) has been
                         transferred or assigned; and
               (b) a transfer of dutiable property, being an
                   estate in fee simple in land, includes a
                   reference to--
                     (i) the granting of a lease referred to
                         in section 7(1)(b)(v); and




                          20
         State Taxation Acts Amendment Act 2023
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         Part 2--Amendment of Duties Act 2000


                    (ii) the transfer or assignment of a
                         lease referred to in section
                         7(1)(b)(va).".
15 Section 58 amended
    (1) In the heading to section 58 of the Duties
        Act 2000, for "eligible pensioner?" substitute
        "eligible cardholder?".
    (2) In section 58(1) of the Duties Act 2000--
         (a) for "eligible pensioner" substitute
             "eligible cardholder";
         (b) paragraph (c) is repealed;
         (c) in paragraph (d)(i), after "section 59 or 60"
             insert "as in force immediately before the
             commencement of Division 3 of Part 2 of the
             State Taxation Acts Amendment
             Act 2023".
    (3) In section 58(2) of the Duties Act 2000,
        for "eligible beneficiaries" substitute
        "eligible cardholders".
    (4) Section 58(3) and (4) of the Duties Act 2000 are
        repealed.
16 Sections 59 and 60 substituted and new
   sections 60AA to 60AAE inserted
        For sections 59 and 60 of the Duties Act 2000
        substitute--
        "59 Land to which an eligible cardholder
            exemption or concession may apply
         (1) The exemption or concession under
             section 60 applies to a transfer of dutiable
             property, being an estate in fee simple in
             land--




                          21
State Taxation Acts Amendment Act 2023
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Part 2--Amendment of Duties Act 2000


      (a) to which is affixed a building that, in
          the Commissioner's opinion--
            (i) is designed and constructed
                primarily for residential purposes;
                and
           (ii) may lawfully be used as a place of
                residence; or
      (b) that, in the Commissioner's opinion, is
          vacant land on which a person intends
          to construct a building referred to in
          subsection (a).
(2) The Commissioner may treat land as vacant
    land for the purposes of the exemption or
    concession under section 60 if the
    Commissioner is satisfied that the land is
    substantially vacant apart from there being
    on the land--
      (a) the remnant of any building, or any
          other object or structure, that the
          Commissioner is satisfied has been
          preserved because of its heritage
          significance; or
      (b) any building or structure that the
          Commissioner is satisfied is intended to
          be demolished.
60 Eligible cardholder exemption or
   concession
(1) A transfer of dutiable property is exempt
    from duty if--
      (a) the transferee satisfies, or, if more than
          one, the transferees satisfy the
          requirements specified in section
          60AA; and




                 22
State Taxation Acts Amendment Act 2023
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Part 2--Amendment of Duties Act 2000


      (b) the dutiable value of the dutiable
          property the subject of the transfer is
          not more than $600 000; and
         (c) the contract for the purchase of dutiable
             property is entered into on or after
             1 July 2023.
(2) A concession from duty under this Chapter
    applies to a transfer of dutiable property if--
         (a) the transferee satisfies, or, if more than
             one, the transferees satisfy the
             requirements specified in section
             60AA; and
      (b) the dutiable value of the dutiable
          property the subject of the transfer is
          more than $600 000 but not more than
          $750 000; and
         (c) the contract for the purchase of dutiable
             property is entered into on or after
             1 July 2023.
(3) For the purposes of subsection (2), the
    concessional amount of duty payable is an
    amount calculated in accordance with the
    following formula--
         A − $600 000
     (                ) ×B
           $150 000
     where--
     A is the dutiable value of the property;
     B is the amount of duty paid or payable
        (but for this section) on the transfer.
(4) If the transfer is of a partial interest in
    dutiable property, the dutiable value of the
    dutiable property for the purpose of
    determining an entitlement to an exemption
    or concession under this section is the


                    23
   State Taxation Acts Amendment Act 2023
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    Part 2--Amendment of Duties Act 2000


        unencumbered value of the whole of the
        dutiable property at the time of the transfer.
 60AA Eligible cardholder exemption or
      concession requirements
        For the purposes of section 60, the
        requirements of the transferee, or the
        transferees if more than one transferee, at the
        time of the transfer are--
         (a) that at least one transferee is an eligible
             cardholder who acquires an interest in
             the dutiable property of 25% or more;
             and
         (b) that each transferee and partner of a
             transferee has not previously received
             an exemption or concession from duty
             on a dutiable transaction under
             section 60 on or after 1 July 2023; and
         (c) that the eligible cardholder referred to
             in paragraph (a) has an intention to
             occupy the land in accordance with the
             residence requirement.
60AAB Residence requirement
   (1) It is a requirement for the purposes of an
       exemption or concession under section 60
       that an eligible cardholder occupies the land
       as the eligible cardholder's principal place of
       residence--
         (a) in the case of land referred to in section
             59(1)(a), for a continuous period of at
             least 12 months commencing within the
             12 month period immediately after the
             eligible cardholder became entitled to
             possession of the land; or




                    24
State Taxation Acts Amendment Act 2023
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Part 2--Amendment of Duties Act 2000


      (b) in the case of land referred to in section
          59(1)(b), for a continuous period of at
          least 12 months commencing within the
          12 month period immediately after the
          earlier of--
            (i) the date on which the eligible
                cardholder was lawfully first able
                to use the building as a place of
                residence; or
           (ii) the date that is 24 months after the
                eligible cardholder became
                entitled to possession of the land.
(2) Subject to subsection (3), if there are 2 or
    more eligible cardholders, the residence
    requirement is complied with if the land is
    occupied for the period referred to in
    subsection (1) as the principal residence of at
    least one of them (whether separately or
    together with any of the others and whether
    or not the same eligible cardholder occupies
    the land for the whole period).
(3) The land must be occupied, at any given time
    during the period referred to in subsection
    (1), by an eligible cardholder who has an
    interest in the dutiable property of 25% or
    more of the dutiable value.
(4) In determining whether land is occupied as
    the principal place of residence of an eligible
    cardholder, account must be taken of every
    place of residence of the eligible cardholder,
    whether in Victoria or elsewhere.




                 25
    State Taxation Acts Amendment Act 2023
                No.      of 2023
    Part 2--Amendment of Duties Act 2000


60AAC Variation of residence requirement
    (1) If satisfied that there is a good reason for
        doing so, the Commissioner may--
          (a) reduce the required period of residence;
              or
          (b) determine that a temporary absence
              from residence does not break the
              continuity of residence; or
          (c) extend the period in which residence
              must begin.
    (2) If the Commissioner determines that a
        temporary absence from residence does not
        break the continuity of residence, an eligible
        cardholder is not entitled to an exemption or
        concession under section 60 in respect of
        another transfer during the period of
        temporary absence unless the eligible
        cardholder pays duty on the original transfer
        at the rate set out in section 28(1), subject to
        any other exemption or concession.
    (3) If an eligible cardholder who is occupying
        land the subject of a transfer as the eligible
        cardholder's principal place of residence, or
        who is temporarily absent from the land in
        accordance with a determination under
        subsection (1), dies, the residence
        requirement is taken to have been complied
        with for the transfer.




                     26
    State Taxation Acts Amendment Act 2023
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     Part 2--Amendment of Duties Act 2000


60AAD Liability for duty if residence requirement
      not complied with
    (1) If the residence requirement for an
        exemption or concession under section 60 is
        not complied with--
          (a) the transfer is chargeable with duty at
              the rate set out in section 28(1), subject
              to any other exemption or concession;
              and
          (b) the Commissioner may reassess duty on
              the transfer accordingly.
    (2) A liability for duty imposed because of
        subsection (1) on the transfer arises when the
        residence requirement for that transfer is not
        complied with.
         Note
         Section 16 provides that a tax default does not occur if
         the duty is paid within 30 days after the liability for
         the duty arises.
    (3) A reassessment referred to in subsection
        (1)(b) is authorised if more than 5 years have
        passed since the initial assessment was made.
         Note
         Section 9(3)(c) of the Taxation Administration
         Act 1997 allows a reassessment to be made more than
         5 years after the initial assessment if this is authorised
         by a taxation law.
    (4) If the residence requirement for an
        exemption or concession under section 60 is
        not complied with, a transferee who received
        the exemption or concession is not entitled to
        an exemption or concession under that
        section in respect of any other transfer until
        the transferee has paid duty for which the
        person is liable because of this section.



                        27
        State Taxation Acts Amendment Act 2023
                    No.      of 2023
         Part 2--Amendment of Duties Act 2000


    60AAE Persons must notify Commissioner of
          change in circumstance
        (1) A person who has received an exemption or
            concession from duty under section 60 must
            lodge a written notice with the
            Commissioner within 30 days after
            becoming aware of any circumstances that
            may result in the residence requirement not
            being complied with.
        (2) A failure of the person to comply with
            subsection (1) does not affect the
            Commissioner's power to exercise a
            discretion under section 60AAC or to
            reassess duty under section 60AAD.".
17 Section 60A amended
    (1) In the heading to section 60A of the Duties
        Act 2000, for "eligible pensioner" substitute
        "eligible cardholder".
    (2) In section 60A of the Duties Act 2000--
         (a) in subsection (1)--
              (i) for "eligible pensioner" substitute
                  "eligible cardholder";
              (ii) in paragraph (a) omit "59 or";
         (b) in subsection (2)--
              (i) for "eligible pensioner" substitute
                  "eligible cardholder";
              (ii) in paragraph (a), for "section 59 or 60
                   (as the case requires)" substitute
                   "section 60";




                         28
         State Taxation Acts Amendment Act 2023
                     No.      of 2023
         Part 2--Amendment of Duties Act 2000


         (c) in subsection (3)--
               (i) for "eligible pensioner" substitute
                   "eligible cardholder";
               (ii) for "section 59 or 60 (as the case
                    requires)" substitute "section 60";
         (d) in subsection (4)--
               (i) for "eligible pensioner" substitute
                   "eligible cardholder";
               (ii) omit "59 or".
    (3) The note at the foot of section 60A of the Duties
        Act 2000 is repealed.
18 Eligible mortgages under concession schemes
        In section 167(2)(a) of the Duties Act 2000, for
        "eligible pensioner" substitute "eligible
        cardholder".
19 Transitional provisions
        After clause 58 of Schedule 2 to the Duties
        Act 2000 insert--
        "59 State Taxation Acts Amendment Act
            2023--Division 5 of Part 5 of Chapter 2
         (1) Division 5 of Part 5 of Chapter 2 and section
             57FC(4), as in force immediately before
             1 July 2023, continue to apply to a transfer to
             an eligible pensioner, within the meaning of
             that Division as in force immediately before
             1 July 2023, of dutiable property, being an
             estate in fee simple in land, if the contract of
             sale of the land was entered into before
             1 July 2023.
         (2) A taxpayer is entitled to a refund of any duty
             paid on or after 1 July 2023 that is not
             payable because of subclause (1).".




                          29
         State Taxation Acts Amendment Act 2023
                     No.      of 2023
         Part 2--Amendment of Duties Act 2000


         Division 4--Insurance duty
20 Definitions
        In section 3(1) of the Duties Act 2000 insert the
        following definitions--
        "business insurance means general insurance that
             relates to one or more of the following
             classes of business--
                 (a) aviation;
                 (b) employers' liability;
                 (c) fire and industrial special risks;
                 (d) marine;
                 (e) public and product liability;
                 (f) professional indemnity;
        class of business means a class of business
              defined in Prudential Standard GPS 001--
              Definitions, as made and amended from time
              to time by the Australian Prudential
              Regulation Authority under section 32 of the
              Insurance Act 1973 of the Commonwealth;".
21 Section 179 substituted
        For section 179 of the Duties Act 2000
        substitute--
       "179 What duty is payable
         (1) The amount of duty chargeable on the
             premium paid in relation to a contract of
             insurance, other than a contract of business
             insurance, is 10% of the amount of the
             premium.




                            30
State Taxation Acts Amendment Act 2023
            No.      of 2023
Part 2--Amendment of Duties Act 2000


(2) The amount of duty chargeable on the
    premium paid in relation to a contract of
    business insurance is the percentage
    specified in subsection (4) of the amount of
    the premium.
(3) If a contract of insurance relates to both
    business insurance and insurance other than
    business insurance, the premium is to be
    apportioned and duty imposed--
      (a) in accordance with subsection (1) on
          the portion of the premium that relates
          to insurance other than business
          insurance; and
      (b) in accordance with subsection (2) on
          the portion of the premium that relates
          to business insurance.
(4) For the purpose of subsection (2), the
    percentage in relation to a contract of
    insurance that is effected or renewed within
    the date range specified in Column 1 of the
    following Table is the corresponding
    percentage specified in Column 2 of the
    following Table--
                          Table
         Column 1             Column 2
         Date                 Percentage

         On or before              10%
         30 June 2024
         1 July 2024 to             9%
         30 June 2025
         1 July 2025 to             8%
         30 June 2026
         1 July 2026 to             7%
         30 June 2027




                 31
        State Taxation Acts Amendment Act 2023
                    No.      of 2023
         Part 2--Amendment of Duties Act 2000


                 Column 1          Column 2
                 Date              Percentage

                 1 July 2027 to          6%
                 30 June 2028
                 1 July 2028 to          5%
                 30 June 2029
                 1 July 2029 to          4%
                 30 June 2030
                 1 July 2030 to          3%
                 30 June 2031
                 1 July 2031 to          2%
                 30 June 2032
                 1 July 2032 to          1%
                 30 June 2033
                 On or after             0%
                 1 July 2033
                                                  ".

      Division 5--Statute law revision
22 Statute law revision amendments
    (1) In section 3(1) of the Duties Act 2000, in the
        definition of receiving body, for "(Business
        Transfer and Group Restructure)" substitute
        "(Transfer and Restructure)".
    (2) In the heading to Chapter 4 of the Duties
        Act 2000, for "(business transfer and group
        restructure)" substitute "(transfer and
        restructure)".
    (3) In section 104 of the Duties Act 2000, for
        "(Business Transfer and Group Restructure)"
        substitute "(Transfer and Restructure)".
    (4) In section 107(1) of the Duties Act 2000, for
        "(Business Transfer and Group Restructure)"
        substitute "(Transfer and Restructure)".




                         32
    State Taxation Acts Amendment Act 2023
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     Part 2--Amendment of Duties Act 2000


(5) In section 233A(a) of the Duties Act 2000, for
    "St John's" substitute "St John".
(6) In the heading to section 234B of the Duties
    Act 2000, for "(business transfer and group
    restructure)" substitute "(transfer and
    restructure)".
(7) In section 234B of the Duties Act 2000, for
    "(Business Transfer and Group Restructure)"
    substitute "(Transfer and Restructure)".




                     33
         State Taxation Acts Amendment Act 2023
                     No.      of 2023
 Part 3--Amendment of Fire Services Property Levy Act 2012



 Part 3--Amendment of Fire Services
       Property Levy Act 2012
23 Refund of amounts overpaid
         For section 36(2) of the Fire Services Property
         Levy Act 2012 substitute--
        "(2) Subsection (1) does not apply to a person if
             the grounds on which the person believes
             they have made an overpayment are grounds
             for making an objection under Part III of the
             Valuation of Land Act 1960.
              Note
              See section 17 of the Valuation of Land Act 1960.".
24 Cancellation of assessment of liability to pay levy
   amount made in error
         After section 38(1) of the Fire Services Property
         Levy Act 2012 insert--
       "(1A) Subsection (1) does not apply to an error that
             constitutes grounds for making an objection
             under Part III of the Valuation of Land
             Act 1960.
              Note
              See section 17 of the Valuation of Land Act 1960.".




                           34
         State Taxation Acts Amendment Act 2023
                     No.      of 2023
         Part 4--Amendment of Land Tax Act 2005



Part 4--Amendment of Land Tax Act 2005
  Division 1--Corporate collective investment
                  vehicles
 25 Definitions
         In section 3(1) of the Land Tax Act 2005 insert
         the following definitions--
         "assets, in relation to a sub-fund of a CCIV, has
              the meaning given by section 1233H of the
              Corporations Act;
         associated person has the same meaning as in the
              Duties Act 2000;
         ASX means ASX Limited (A.C.N. 008 624 691);
         corporate collective investment vehicle or CCIV
              has the same meaning as in the Corporations
              Act;
         equivalent exchange has the same meaning as in
              the Duties Act 2000;
         liabilities, in relation to a sub-fund of a CCIV, has
               the meaning given by section 1233L of the
               Corporations Act;
         LSE means the London Stock Exchange;
         member, in relation to a sub-fund of a CCIV, has
            the same meaning as in paragraph (c) of the
            definition of that term in the Corporations
            Act;
         NYSE means the New York Stock Exchange;
         NZX means the company registered in New
             Zealand known as NZX Limited;
         referable, in relation to a sub-fund and a share in a
              CCIV, has the meaning given by section
              1230(1) of the Corporations Act;



                           35
        State Taxation Acts Amendment Act 2023
                    No.      of 2023
        Part 4--Amendment of Land Tax Act 2005


        sub-fund, of a CCIV, has the meaning given by
             section 1222Q(1) of the Corporations Act;".
26 New section 3G inserted
        After section 3F of the Land Tax Act 2005
        insert--
       "3G Application of this Act to corporate
           collective investment vehicles
        (1) For the purposes of this Act, each sub-fund
            of a CCIV is taken to be a unit trust scheme
            of which--
              (a) the CCIV is the trustee; and
              (b) the business, assets and liabilities of the
                  sub-fund are the trust property; and
              (c) the members of the sub-fund are the
                  beneficiaries.
        (2) For a sub-fund that is taken to be a unit trust
            scheme under subsection (1)--
              (a) a share in the CCIV that is referable to
                  that sub-fund is taken to be a unit in the
                  unit trust scheme; and
              (b) any rights, entitlements, obligations and
                  other characteristics attaching to that
                  share are taken, as far as practicable, to
                  be the same rights, entitlements,
                  obligations and other characteristics
                  attaching to the unit.
        (3) For the purposes of this Act, a sub-fund that
            is taken to be a unit trust scheme under
            subsection (1) must be treated as an excluded
            trust if--
              (a) all shares that are referable to the
                  sub-fund are quoted on one of the
                  following exchanges--



                         36
State Taxation Acts Amendment Act 2023
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Part 4--Amendment of Land Tax Act 2005


            (i) the ASX or an equivalent
                exchange;
           (ii) the LSE;
           (iii) the NYSE;
           (iv) the NZX;
            (v) any exchange of the World
                Federation of Exchanges; or
      (b) both of the following apply--
            (i) there are at least 50 members who
                hold shares that are referable to
                the sub-fund;
           (ii) none of those members, either
                individually or together with
                associated persons, holds more
                than 20% of those shares; or
      (c) the sub-fund--
            (i) is taken to be a unit trust scheme
                under the Duties Act 2000; and
           (ii) is declared as a public unit trust
                scheme under Division 6 of Part 2
                of Chapter 3 of that Act; or
      (d) the sub-fund--
            (i) is taken to be a unit trust scheme
                under the Duties Act 2000; and
           (ii) is registered under Division 6 of
                Part 2 of Chapter 3 of that Act as a
                wholesale unit trust scheme, an
                imminent wholesale unit trust
                scheme or a declared wholesale
                unit trust scheme.




                 37
         State Taxation Acts Amendment Act 2023
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         Part 4--Amendment of Land Tax Act 2005


          (4) For the purposes of this Act, a CCIV is taken
              to be a separate person in relation to each
              unit trust scheme of which it is the trustee
              under subsection (1).
          (5) This Act does not apply to a CCIV or the
              members of a sub-fund of a CCIV except as
              provided in this section.
         Example
         A CCIV has 2 sub-funds: sub-fund A and sub-fund B. The
         assets of sub-fund A include Blackacre, which has a taxable
         value of $10 million. The assets of sub-fund B include
         Whiteacre, which has a taxable value of $5 million.
         The CCIV is the owner of Blackacre as the trustee of the
         unit trust scheme that is sub-fund A. Separately, the CCIV is
         the owner of Whiteacre as the trustee of the unit trust
         scheme that is sub-fund B.
         If the assets of sub-fund A include shares that are referable
         to sub-fund B, then the CCIV, as the trustee of the unit trust
         scheme that is sub-fund A, is a unitholder and beneficiary of
         the unit trust scheme that is sub-fund B.".

           Division 2--Land tax rates
27 Land tax surcharge for absentee trusts
     (1) In section 46IA(1) of the Land Tax Act 2005, in
         the first formula set out in that subsection, for
         "2%" substitute "4%".
     (2) In section 46IA(1A) of the Land Tax Act 2005,
         in the first formula set out in that subsection, for
         "2%" substitute "4%".
28 Land tax for absentee fixed trust if beneficial
   interests notified to Commissioner
     (1) In section 46IB(1)(b)(ii) of the Land Tax
         Act 2005, in the formula set out in that
         subparagraph, for "2%" substitute "4%".




                              38
         State Taxation Acts Amendment Act 2023
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         Part 4--Amendment of Land Tax Act 2005


     (2) In section 46IB(3)(b) of the Land Tax Act 2005,
         in the first formula set out in that paragraph, for
         "2%" substitute "4%".
     (3) In section 46IB(4)(a) of the Land Tax Act 2005,
         in the formula set out in that paragraph, for "2%"
         substitute "4%".
29 Land tax for absentee unit trust scheme if
   unitholdings notified to Commissioner
     (1) In section 46IC(1)(b)(ii) of the Land Tax
         Act 2005, in the formula set out in that
         subparagraph, for "2%" substitute "4%".
     (2) In section 46IC(3)(b) of the Land Tax Act 2005,
         in the first formula set out in that paragraph, for
         "2%" substitute "4%".
     (3) In section 46IC(4)(a) of the Land Tax Act 2005,
         in the formula set out in that paragraph, for "2%"
         substitute "4%".
30 Land tax for beneficiary/trustees
     (1) In section 46ID(3)(a) of the Land Tax Act 2005,
         in the formula set out in that paragraph, for "2%"
         substitute "4%".
     (2) In section 46ID(5)(a) of the Land Tax Act 2005,
         in the formula set out in that paragraph, for "2%"
         substitute "4%".
31 Land tax for PPR land if nominated PPR
   beneficiary
         In section 46IF(2A)(a)(ii) and (b) of the Land
         Tax Act 2005, in the formulas set out in those
         paragraphs, for "2%" substitute "4%".
32 Land tax surcharge for related absentee
   corporations
         In section 50A(2) of the Land Tax Act 2005, in
         the formula set out in that subsection, for "2%"
         substitute "4%".


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         State Taxation Acts Amendment Act 2023
                     No.      of 2023
         Part 4--Amendment of Land Tax Act 2005


33 BTR benefit--exemption from absentee owner land
   tax surcharge for eligible land
         In section 70K(2) of the Land Tax Act 2005, in
         the formula set out in that subsection, for "2%"
         substitute "4%".
34 Clause 1.5 of Part 1 of Schedule 1 amended
     (1) In the heading to clause 1.5 of Part 1 of
         Schedule 1 to the Land Tax Act 2005, for "2022"
         substitute "2022, 2023 and 2034".
     (2) In clause 1.5 of Part 1 of Schedule 1 to the Land
         Tax Act 2005, for "2022" substitute "2022, 2023
         and 2034".
35 New clause 1.6 of Part 1 of Schedule 1 inserted
         After clause 1.5 of Part 1 of Schedule 1 to the
         Land Tax Act 2005 insert--
        "1.6 Land tax for 2024 to 2033
              The rate of land tax for each of the years
              from 2024 to 2033 is set out in Table 1.6.
                                   Table 1.6
                 Column 1         Column 2         Column 3
                 Taxable          Taxable
                 value not        value less
          Item   less than        than             Rate of land tax
                             $                 $
          1                  0        50 000       Nil
          2          50 000          100 000       $500
          3         100 000          300 000       $975
          4         300 000          600 000       $1350 and 03% of the
                                                   taxable value that
                                                   exceeds $300 000
          5         600 000        1 000 000       $2250 and 06% of the
                                                   taxable value that
                                                   exceeds $600 000




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         State Taxation Acts Amendment Act 2023
                     No.      of 2023
         Part 4--Amendment of Land Tax Act 2005


                 Column 1         Column 2         Column 3
                 Taxable          Taxable
                 value not        value less
          Item   less than        than             Rate of land tax
                             $                 $
          6       1 000 000        1 800 000       $4650 and 09% of the
                                                   taxable value that
                                                   exceeds $1 000 000
          7       1 800 000        3 000 000       $11 850 and 165% of
                                                   the taxable value that
                                                   exceeds $1 800 000
          8       3 000 000                        $31 650 and 265% of
                                                   the taxable value that
                                                   exceeds $3 000 000

                                                                            ".
36 Clause 3.5 of Part 3 of Schedule 1 amended
     (1) In the heading to clause 3.5 of Part 3 of
         Schedule 1 to the Land Tax Act 2005, for "2022"
         substitute "2022, 2023 and 2034".
     (2) In clause 3.5 of Part 3 of Schedule 1 to the Land
         Tax Act 2005, for "2022" substitute "2022, 2023
         and 2034".
37 New clause 3.6 of Part 3 of Schedule 1 inserted
         After clause 3.5 of Part 3 of Schedule 1 to the
         Land Tax Act 2005 insert--
        "3.6 Land tax for trusts for 2024 to 2033
              The rate of land tax for each of the years
              from 2024 to 2033 for land held by an owner
              subject to a trust is set out in Table 3.6.




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         State Taxation Acts Amendment Act 2023
                     No.      of 2023
        Part 4--Amendment of Land Tax Act 2005


                                Table 3.6
                  Column 1      Column 2     Column 3
                    Taxable      Taxable
                  value not     value less
          Item     less than         than    Rate of land tax
                          $             $
          1               0       25 000     Nil
          2          25 000       50 000     $82 and 0375% of the
                                             taxable value that
                                             exceeds $25 000
          3          50 000      100 000     $676 and 0375% of
                                             the taxable value that
                                             exceeds $50 000
          4         100 000      250 000     $1338 and 0375% of
                                             the taxable value that
                                             exceeds $100 000
          5         250 000      600 000     $1901 and 0675% of
                                             the taxable value that
                                             exceeds $250 000
          6         600 000     1 000 000    $4263 and 0975% of
                                             the taxable value that
                                             exceeds $600 000
          7       1 000 000     1 800 000    $8163 and 1275% of
                                             the taxable value that
                                             exceeds $1 000 000
          8       1 800 000     3 000 000    $18 363 and 11072%
                                             of the taxable value
                                             that exceeds
                                             $1 800 000
          9       3 000 000                  $31 650 and 265% of
                                             the taxable value that
                                             exceeds $3 000 000
                                                                      ".
38 Clause 4.4 of Part 4 of Schedule 1 amended
    (1) In the heading to clause 4.4 of Part 4 of
        Schedule 1 to the Land Tax Act 2005, for
        "subsequent years" substitute "2023".



                           42
         State Taxation Acts Amendment Act 2023
                     No.      of 2023
         Part 4--Amendment of Land Tax Act 2005


     (2) In clause 4.4 of Part 4 of Schedule 1 to the Land
         Tax Act 2005, for "each subsequent year"
         substitute "2023".
39 New clauses 4.5 and 4.6 of Part 4 of Schedule 1
   inserted
         After clause 4.4 of Part 4 of Schedule 1 to the
         Land Tax Act 2005 insert--
        "4.5 Rate of land tax on land held by absentee
             owners for 2024 to 2033
              The rate of land tax on land held by an
              absentee owner for each of the years from
              2024 to 2033 is set out in Table 4.5.
                                Table 4.5
                  Column 1      Column 2     Column 3
                    Taxable      Taxable
                  value not     value less
          Item     less than         than    Rate of land tax
                          $             $
          1               0       50 000     Nil
          2          50 000      100 000     $2500 and 4% of the
                                             taxable value that
                                             exceeds $50 000
          3         100 000      300 000     $4975 and 4% of the
                                             taxable value that
                                             exceeds $100 000
          4         300 000      600 000     $13 350 and 43% of
                                             the taxable value that
                                             exceeds $300 000
          5         600 000     1 000 000    $26 250 and 46% of
                                             the taxable value that
                                             exceeds $600 000
          6       1 000 000     1 800 000    $44 650 and 49% of
                                             the taxable value that
                                             exceeds $1 000 000




                           43
State Taxation Acts Amendment Act 2023
            No.      of 2023
Part 4--Amendment of Land Tax Act 2005


           Column 1          Column 2      Column 3
             Taxable          Taxable
           value not         value less
 Item       less than             than     Rate of land tax
                   $                 $
 7         1 800 000         3 000 000     $83 850 and 565% of
                                           the taxable value that
                                           exceeds $1 800 000
 8         3 000 000                       $151 650 and 665% of
                                           the taxable value that
                                           exceeds $3 000 000

4.6 Rate of land tax on land held by absentee
    owners for 2034 and subsequent years
       The rate of land tax on land held by an
       absentee owner for 2034 and each
       subsequent year is set out in Table 4.6.
                             Table 4.6
          Column 1          Column 2      Column 3
            Taxable          Taxable
          value not         value less
Item       less than             than     Rate of land tax
                  $                 $
1                 0           50 000      Nil
2           50 000           300 000      $2 000 and 4% of the
                                          taxable value that
                                          exceeds $50 000
3          300 000           600 000      $12 375 and 42% of the
                                          taxable value that
                                          exceeds $300 000
4          600 000          1 000 000     $24 975 and 45% of the
                                          taxable value that
                                          exceeds $600 000
5         1 000 000         1 800 000     $42 975 and 48% of the
                                          taxable value that
                                          exceeds $1 000 000




                       44
         State Taxation Acts Amendment Act 2023
                     No.      of 2023
         Part 4--Amendment of Land Tax Act 2005


                    Column 1          Column 2     Column 3
                      Taxable          Taxable
                    value not         value less
          Item       less than             than    Rate of land tax
                            $                 $
          6         1 800 000         3 000 000    $81 375 and 555% of
                                                   the taxable value that
                                                   exceeds $1 800 000
          7         3 000 000                      $147 975 and 655% of
                                                   the taxable value that
                                                   exceeds $3 000 000
                                                                            ".
40 Clause 5.4 of Part 5 of Schedule 1 amended
     (1) In the heading to clause 5.4 of Part 5 of
         Schedule 1 to the Land Tax Act 2005, for
         "subsequent years" substitute "2023".
     (2) In clause 5.4 of Part 5 of Schedule 1 to the Land
         Tax Act 2005, for "each subsequent year"
         substitute "2023".
41 New clauses 5.5 and 5.6 of Part 5 of Schedule 1
   inserted
         After clause 5.4 of Part 5 of Schedule 1 to the
         Land Tax Act 2005 insert--
        "5.5 Rate of land tax on land held by owner
             subject to an absentee trust for 2024 to
             2033
                 The rate of land tax for land held by an
                 owner subject to an absentee trust for each of
                 the years from 2024 to 2033 is set out in
                 Table 5.5.




                                 45
State Taxation Acts Amendment Act 2023
            No.      of 2023
Part 4--Amendment of Land Tax Act 2005


                           Table 5.5
        Column 1          Column 2     Column 3
          Taxable          Taxable
        value not         value less
 Item    less than             than    Rate of land tax
                $                 $
 1              0           25 000     Nil
 2         25 000           50 000     $1082 and 4375% of
                                       the taxable value that
                                       exceeds $25 000
 3         50 000          100 000     $2676 and 4375% of
                                       the taxable value that
                                       exceeds $50 000
 4        100 000          250 000     $5338 and 4375% of
                                       the taxable value that
                                       exceeds $100 000
 5        250 000          600 000     $11 901 and 4675% of
                                       the taxable value that
                                       exceeds $250 000
 6        600 000         1 000 000    $28 263 and 4975% of
                                       the taxable value that
                                       exceeds $600 000
 7      1 000 000         1 800 000    $48 163 and 5275% of
                                       the taxable value that
                                       exceeds $1 000 000
 8      1 800 000         3 000 000    $90 363 and 51072%
                                       of the taxable value that
                                       exceeds $1 800 000
 9      3 000 000                      $151 650 and 665% of
                                       the taxable value that
                                       exceeds $3 000 000




                     46
State Taxation Acts Amendment Act 2023
            No.      of 2023
Part 4--Amendment of Land Tax Act 2005


5.6 Rate of land tax on land held by owner
    subject to an absentee trust for 2034 and
    subsequent years
     The rate of land tax for land held by an
     owner subject to an absentee trust for 2034
     and each subsequent year is set out in
     Table 5.6.
                       Table 5.6
         Column 1      Column 2     Column 3
           Taxable      Taxable
         value not     value less
 Item     less than         than    Rate of land tax
                 $             $
 1               0       25 000     Nil
 2         25 000       250 000     $1082 and 4375% of
                                    the taxable value that
                                    exceeds $25 000
 3        250 000       600 000     $10 926 and 4575% of
                                    the taxable value that
                                    exceeds $250 000
 4        600 000      1 000 000    $26 938 and 4875% of
                                    the taxable value that
                                    exceeds $600 000
 5       1 000 000     1 800 000    $46 438 and 5175% of
                                    the taxable value that
                                    exceeds $1 000 000
 6       1 800 000     3 000 000    $87 838 and 50114%
                                    of the taxable value
                                    that exceeds
                                    $1 800 000
 7       3 000 000                  $147 975 and 655% of
                                    the taxable value that
                                    exceeds $3 000 000
                                                             ".




                  47
           State Taxation Acts Amendment Act 2023
                       No.      of 2023
           Part 4--Amendment of Land Tax Act 2005


Division 3--Principal place of residence exemption
      for person with a disability (qualifying)
  42 Definitions
       (1) In section 52(1) of the Land Tax Act 2005 insert
           the following definition--
          "immediate family member, of a person with a
              disability (qualifying), means an
              individual--
                   (a) who is a natural parent, adoptive parent
                       or step-parent of the person with a
                       disability (qualifying); or
                   (b) who is, or was when the person with a
                       disability (qualifying) was under 18
                       years of age, a legal guardian of the
                       person with a disability (qualifying); or
                   (c) who is a grandparent of the person with
                       a disability (qualifying); or
                   (d) who is a sibling of the person with a
                       disability (qualifying);".
       (2) In section 52(1) of the Land Tax Act 2005, in the
           definition of qualifying person--
            (a) after paragraph (a)(iv) insert--
                "(v) an immediate family member of a
                     person with a disability (qualifying)
                     who is a qualifying person under
                     paragraph (d); or";
            (b) in paragraph (c), for "subject;" substitute
                "subject; or";
            (c) after paragraph (c) insert--
                "(d) a person with a disability (qualifying)
                     whose immediate family member is the
                     owner of the land;".



                             48
         State Taxation Acts Amendment Act 2023
                     No.      of 2023
        Part 4--Amendment of Land Tax Act 2005


43 New section 53B inserted
        After section 53A of the Land Tax Act 2005
        insert--
       "53B Who is a person with a disability
            (qualifying)?
              For the purposes of this Division, a person
              with a disability (qualifying) is a person who
              has received a determination in writing that
              the person meets the impairment or disability
              conditions for a special disability trust
              from--
               (a) Services Australia under section 1209M
                   of the Social Security Act 1991 of the
                   Commonwealth; or
               (b) the Department of Veterans' Affairs
                   under section 52ZZZWA of the
                   Veterans' Entitlements Act 1986 of the
                   Commonwealth.".
44 Principal place of residence exemption
    (1) In section 54(1) of the Land Tax Act 2005--
         (a) in paragraph (b), for "land." substitute
             "land;";
         (b) after paragraph (b) insert--
              "(c) land owned by an immediate family
                   member of a person with a disability
                   (qualifying) that is used and occupied
                   as the principal place of residence of
                   the person with a disability
                   (qualifying).".
    (2) In section 54(1B) of the Land Tax Act 2005--
         (a) after "subsection (1)(b)" insert "or (c)";
         (b) after "vested beneficiary" insert "or person
             with a disability (qualifying)".



                          49
         State Taxation Acts Amendment Act 2023
                     No.      of 2023
         Part 4--Amendment of Land Tax Act 2005


     (3) In section 54(2) of the Land Tax Act 2005--
          (a) for "subsection (1)(a) or (b)" substitute
              "subsection (1)(a), (b) or (c)";
          (b) for "owner or vested beneficiary" substitute
              "owner, vested beneficiary or person with a
              disability (qualifying) (as the case requires)".
     (4) After section 54(4) of the Land Tax Act 2005
         insert--
     "(4AA) For the purposes of subsection (1)(c), if the
            land is owned by joint owners, each joint
            owner must be an immediate family member
            of the person with a disability (qualifying)
            who is using and occupying the land as the
            person's principal place of residence.".
45 Deferral of tax on certain residential land for
   6 months
         In section 55(1)(b) of the Land Tax Act 2005, for
         "owner or, in the case of a trustee, as the principal
         place of residence of a vested beneficiary in
         relation to the land" substitute "person referred to
         in section 54(1)(a), (b) or (c) as using or
         occupying the land".
46 Deferral of tax for residential land to be used during
   tax year
     (1) After section 55A(2) of the Land Tax Act 2005
         insert--
     "(2AA) The Commissioner may determine that land
            tax in respect of land for a year is not
            payable until the expiry of a 6 month period
            that begins and ends in that year if--
                (a) an immediate family member of a
                    person with a disability (qualifying)
                    becomes the owner of the land on or
                    after 1 July in the preceding year; and



                          50
         State Taxation Acts Amendment Act 2023
                     No.      of 2023
        Part 4--Amendment of Land Tax Act 2005


               (b) as at 31 December in the preceding
                   year, the person with a disability
                   (qualifying) does not use or occupy the
                   land as the person's principal place of
                   residence; and
               (c) the Commissioner is satisfied that the
                   person with a disability (qualifying)
                   intends to continuously use and occupy
                   the land as the person's principal place
                   of residence for the 6 month period.".
    (2) In section 55A(3) of the Land Tax Act 2005, for
        "subsection (1) or (2)" substitute "subsection (1),
        (2) or (2AA)".
47 Absence from principal place of residence
    (1) For section 56(1)(c) of the Land Tax Act 2005
        substitute--
        "(c) that, in respect of the period of absence, no
             other land is exempt land under this Division
             or under a law of another jurisdiction
             (whether in or outside Australia) as the
             principal place of residence of--
               (i) under section 54(1)(a), the owner; or
               (ii) under section 54(1)(b), the vested
                    beneficiary in relation to the land; or
              (iii) under section 54(1)(c), the person with
                    a disability (qualifying).".
    (2) For section 56(1B) of the Land Tax Act 2005
        substitute--
      "(1B) Subsection (1A) does not apply in relation
            to--
               (a) a person who has a right to reside on
                   the land; or




                          51
         State Taxation Acts Amendment Act 2023
                     No.      of 2023
        Part 4--Amendment of Land Tax Act 2005


               (b) a person with a disability (qualifying)
                   using and occupying as the person's
                   principal place of residence land owned
                   by an immediate family member.".
    (3) In section 56(4)(b) of the Land Tax Act 2005--
         (a) in subparagraph (ii), for "absence."
             substitute "absence; or";
         (b) after subparagraph (ii) insert--
             "(iii) in the case of an immediate family
                    member of a person with a disability
                    (qualifying)--by the person with a
                    disability (qualifying) as the person's
                    principal place of residence for a period
                    of at least 6 consecutive months
                    immediately before the person's
                    absence.".
48 Exemption continues on death of resident
        In section 57(4) of the Land Tax Act 2005--
         (a) in paragraph (b), for "land." substitute
             "land; or";
         (b) after paragraph (b) insert--
              "(c) was a person with a disability
                   (qualifying) and the land was owned by
                   an immediate family member.".
49 Exemption continues if land becomes unfit for
   occupation
        In section 58(4) of the Land Tax Act 2005, for
        "owner or, in the case of a trustee, as the principal
        place of residence of a vested beneficiary in
        relation to the land" substitute "person referred to
        in section 54(1)(a), (b) or (c) as using or
        occupying the land".




                          52
         State Taxation Acts Amendment Act 2023
                     No.      of 2023
         Part 4--Amendment of Land Tax Act 2005


50 Sale of old principal residence
         In section 60 of the Land Tax Act 2005--
          (a) in subsection (1)(a)(i), for "section 54(1)"
              substitute "section 54(1)(a)";
          (b) in subsection (2)(a)(i), for "section 54(1)"
              substitute "section 54(1)(b)".
51 Partial exemption if land used for business activities
         In section 62(1) of the Land Tax Act 2005, for
         "owner, a vested beneficiary in relation to the land
         or a natural person who has a right to reside on the
         land (as the case requires)" substitute "qualifying
         person".

Division 4--Construction and renovation of
        principal place of residence
52 Unoccupied land subsequently used as principal
   place of residence
         In section 61(2) of the Land Tax Act 2005, for
         "Subsection" substitute "Subject to section 61I,
         subsection".
53 New section 61I inserted
         After section 61H of the Land Tax Act 2005
         insert--
        "61I Commissioner has discretion to extend
             exemption period
         (1) The Commissioner may determine that
             section 61 applies to land for--
               (a) the year that is 5 years after the year in
                   which the works start date occurred; or
               (b) both the year that is 5 years and the
                   year that is 6 years after the year in
                   which the works start date occurred.



                          53
State Taxation Acts Amendment Act 2023
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Part 4--Amendment of Land Tax Act 2005


(2) For the purposes of making a determination
    under subsection (1), the Commissioner must
    be satisfied that--
      (a) a company has been contracted to
          undertake the construction or
          renovation of a residence on the land;
          and
      (b) a liquidator has been appointed to wind
          up the company; and
      (c) because of the circumstances referred
          to in paragraph (b), the works finish
          date for the construction or renovation
          has not occurred.
(3) If the Commissioner makes a determination
    under subsection (1)(a), the following
    provisions apply to the land as if a reference
    to 4 years were a reference to 5 years--
      (a) paragraph (b) of the definition of
          qualifying occupation date;
      (b) sections 61C(1) and (2) and 61G(1).
(4) If the Commissioner makes a determination
    under subsection (1)(b), the following
    provisions apply to the land as if a reference
    to 4 years were a reference to 6 years--
      (a) paragraph (b) of the definition of
          qualifying occupation date;
      (b) sections 61C(1) and (2) and 61G(1).".




                 54
        State Taxation Acts Amendment Act 2023
                    No.      of 2023
        Part 4--Amendment of Land Tax Act 2005


    Division 5--Conservation covenants
54 New section 86A inserted
        After section 86 of the Land Tax Act 2005
        insert--
      "86A Land subject to a conservation covenant
        (1) Land is exempt land if the Commissioner
            determines that it is subject to a conservation
            covenant.
        (2) To obtain an exemption from land tax under
            this section, the owner of the land must--
              (a) apply to the Commissioner for the
                  exemption; and
              (b) give the Commissioner any information
                  the Commissioner requests for the
                  purpose of enabling the Commissioner
                  to determine whether the land is exempt
                  under this section.
        (3) If the Commissioner determines that a part of
            the land is subject to a conservation
            covenant--
              (a) land tax is assessable for the tax year on
                  the part of the land that is not exempt
                  land; and
              (b) section 22 applies, if necessary, for that
                  purpose.
        (4) In this section--
             conservation covenant means a covenant
                  entered into by an owner of land and
                  recorded in the Register under
                  section 3A of the Victorian
                  Conservation Trust Act 1972.".




                         55
        State Taxation Acts Amendment Act 2023
                    No.      of 2023
        Part 4--Amendment of Land Tax Act 2005


      Division 6--Statute law revision
55 Statute law revision amendments
    (1) In section 39A(2)(b)(ii) of the Land Tax
        Act 2005, after "period" insert "of".
    (2) In section 39B(1)(b)(i) of the Land Tax
        Act 2005, after "period" insert "of".
    (3) In Part 1 of Schedule 2 to the Land Tax Act 2005,
        for "Moreland" substitute "Merri-bek".
    (4) In Schedule 2A to the Land Tax Act 2005, for
        "Moreland" substitute "Merri-bek".




                         56
          State Taxation Acts Amendment Act 2023
                      No.      of 2023
         Part 5--Amendment of Payroll Tax Act 2007



Part 5--Amendment of Payroll Tax Act 2007
  Division 1--Corporate collective investment
                  vehicles
  56 Definitions
          In section 3(1) of the Payroll Tax Act 2007
          insert the following definition--
          "corporate collective investment vehicle or CCIV
               has the same meaning as in the Corporations
               Act;".
  57 New Part 1A of Schedule 2 inserted
          After Part 1 of Schedule 2 to the Payroll Tax
          Act 2007 insert--

                       "Part 1A--Wages
         1AA Payments by a corporate collective
             investment vehicle to its corporate
             director
               Wages, as that term is given meaning in
                   Part 3 of this Act, do not include
                   amounts paid or payable by a CCIV to
                   its corporate director.".

         Division 2--Payroll tax liability
  58 Definitions--Schedule 1
          In clause 1 of Schedule 1 to the Payroll Tax
          Act 2007, in the definition of R, in paragraph (h),
          after "2021" insert "and each subsequent financial
          year".




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Division 3--COVID-19 debt temporary payroll tax
                 surcharge
  59 Definitions--Schedule 1
          In clause 1 of Schedule 1 to the Payroll Tax
          Act 2007 insert the following definition--
          "COVID-19 debt temporary payroll tax
              surcharge means an additional amount of
              payroll tax calculated in accordance with this
              Schedule, being the amount represented in a
              formula by the variable T;".
  60 New clause 1B of Schedule 1 inserted
          After clause 1A of Schedule 1 to the Payroll Tax
          Act 2007 insert--
          "1B Determination of COVID-19 debt
              temporary payroll tax surcharge
                For the purposes of this Schedule, the
                amount of the COVID-19 debt temporary
                payroll tax surcharge is--
                 (a) for a financial year commencing on or
                     after 1 July 2023 and before
                     1 July 2033--the amount equal to S; or
                 (b) for a financial year commencing on or
                     after 1 July 2033--zero.".
  61 Payroll of employer over threshold
          In clause 5 of Schedule 1 to the Payroll Tax
          Act 2007, for--
                     TW           C
          "[[TW- [TW+IW ×TA× FY]] ×R] +S"

          substitute--
                     TW            C
          "[[TW- [TW+IW × TA × FY]] × R] + S+ T".




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62 Payroll of group over threshold where section 87(2)
   approval in force--employers covered by joint
   return are all of the same type
     (1) In clause 9(3) of Schedule 1 to the Payroll Tax
         Act 2007, for--
         "[[JTW-D]×R]+S"
         substitute--
         "[[JTW-D]×R]+S+T".
     (2) In clause 9(4) of Schedule 1 to the Payroll Tax
         Act 2007, for--
         "[TW×R]+S"
         substitute--
         "[TW×R]+S+T".
63 Payroll of group over threshold where section 87(2)
   approval in force--employers covered by joint
   return are not all of the same type
     (1) In clause 9A(3) of Schedule 1 to the Payroll Tax
         Act 2007, for--
                                                      [JTW-D]
         "[[[Pe ×Re ]+[Pre ×Rre ]+[Pbrre ×Rbrre]]×     JTW
                                                              ] +S"

         substitute--
                                                    [JTW-D]
      " [[[Pe ×Re ]+[Pre ×Rre ]+[Pbrre ×Rbrre ]]×          ] +S+T".
                                                     JTW

     (2) In clause 9A(4) of Schedule 1 to the Payroll Tax
         Act 2007, for--
         "[TW×R]+S"
         substitute--
         "[TW×R]+S+T".




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64 Payroll of group over threshold--where no
   section 87(2) approval in force
     (1) In clause 9B(3) of Schedule 1 to the Payroll Tax
         Act 2007, for--
        "[[TW-D]×R]+S"
        substitute--
        "[[TW-D]×R]+S+T".
     (2) In clause 9B(4) of Schedule 1 to the Payroll Tax
         Act 2007, for--
        "[TW×R]+S"
        substitute--
        "[TW×R]+S+T".
65 Calculation of payroll tax
        In clause 12 of Schedule 1 to the Payroll Tax
        Act 2007, for--
        "[TW×R]+S"
        substitute--
        "[TW×R]+S+T".
66 Definitions--Schedule 2
        In clause 1A of Schedule 2 to the Payroll Tax
        Act 2007 insert the following definition--
        "COVID-19 debt temporary payroll tax
            surcharge has the same meaning as in
            clause 1 of Schedule 1;".




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67 New clause 1B of Schedule 2 inserted
        After clause 1A of Schedule 2 to the Payroll Tax
        Act 2007 insert--
        "1B Determination of COVID-19 debt
            temporary payroll tax surcharge
              For the purposes of this Schedule, the
              amount of the COVID-19 debt temporary
              payroll tax surcharge is--
               (a) for a financial year commencing on or
                   after 1 July 2023 and before
                   1 July 2033--the amount equal to S; or
               (b) for a financial year commencing on or
                   after 1 July 2033--zero.".
68 Amount of payroll tax to be paid each month
        In clause 4(1) of Schedule 2 to the Payroll Tax
        Act 2007, for--
        "[[TW-D]×R]+S"
        substitute--
        "[[TW-D]×R]+S+T".
69 Monthly payroll tax payable where section 87(2)
   approval in force--employers covered by joint
   return are all of the same type
    (1) In clause 8(2) of Schedule 2 to the Payroll Tax
        Act 2007, for--
        "[[JTW-D]×R]+S"
        substitute--
        "[[JTW-D]×R]+S+T".




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    (2) In clause 8(3) of Schedule 2 to the Payroll Tax
        Act 2007, for--
        "[TW×R]+S"
        substitute--
        "[TW×R]+S+T".
70 Monthly payroll tax payable where section 87(2)
   approval in force--employers covered by joint
   return are not all of the same type
    (1) In clause 8A(2) of Schedule 2 to the Payroll Tax
        Act 2007, for--
                                                      [JTW-D]
        "[[[Pe ×Re ]+[Pre ×Rre ]+[Pbrre ×Rbrre]]×             ] +S"
                                                       JTW

        substitute--
                                                    [JTW-D]
      " [[[Pe ×Re ]+[Pre ×Rre ]+[Pbrre ×Rbrre ]]×          ] +S+T".
                                                     JTW

    (2) In clause 8A(3) of Schedule 2 to the Payroll Tax
        Act 2007, for--
        "[TW×R]+S"
        substitute--
        "[TW×R]+S+T".
71 Monthly payroll tax payable where no section 87(2)
   approval in force
    (1) In clause 8B(2) of Schedule 2 to the Payroll Tax
        Act 2007, for--
        "[[TW-D]×R]+S"
        substitute--
        "[[TW-D]×R]+S+T".




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      (2) In clause 8B(3) of Schedule 2 to the Payroll Tax
          Act 2007, for--
          "[TW×R]+S"
          substitute--
          "[TW×R]+S+T".
  72 Amount of payroll tax to be paid each month
          In clause 12 of Schedule 2 to the Payroll Tax
          Act 2007, for--
          "[TW×R]+S"
          substitute--
          "[TW×R]+S+T".

Division 4--Payroll tax thresholds and deductions
  73 Registration
          For section 86(6)(d) of the Payroll Tax Act 2007
          substitute--
          "(d) for the financial year commencing on 1 July
               2021, 2022 or 2023--$13 461 per week;
           (e) for the financial year commencing on 1 July
               2024--$17 307 per week;
           (f) for the financial year commencing on 1 July
               2025 and each subsequent financial year--
               $19 230 per week.".
  74 Definitions--Schedule 1
          In clause 1 of Schedule 1 to the Payroll Tax
          Act 2007--
           (a) insert the following definitions--
               "APT or annual phase out threshold means,
                   for the financial year commencing on
                   1 July 2024 and each subsequent
                   financial year--$3 000 000;



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              net deduction means the amount of a
                   deduction from payroll tax calculated in
                   accordance with this Schedule, being
                   the amount represented in a formula by
                   the variable ND;
              PR or phase out rate means--
                     (a) for the financial year commencing
                         on 1 July 2024--45%;
                     (b) for the financial year commencing
                         on 1 July 2025 and each
                         subsequent financial year--
                         50%;";
         (b) in the definition of TA or threshold amount,
             for paragraph (e) substitute--
              "(e) for the financial year commencing on
                   1 July 2021, 2022 or 2023--$700 000;
               (f) for the financial year commencing on
                   1 July 2024--$900 000;
               (g) for the financial year commencing on
                   1 July 2025 and each subsequent
                   financial year--$1 000 000.".
75 Payroll of employer over threshold
        For clause 5 of Schedule 1 to the Payroll Tax
        Act 2007 substitute--
         "5 Payroll of employer over threshold
         (1) If the total taxable wages and interstate
             wages paid or payable by an employer
             (otherwise than as a member of a group)
             during a financial year is more than the
             employer's threshold amount, the employer
             is liable to pay as payroll tax for that year the
             amount of dollars calculated in accordance
             with the following formula--




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           [TW-ND]×R+S+T
           where ND is the lesser of the following
           amounts--
            (a) the amount calculated in accordance
                with the following formula--

     TW        C           APT×TW C
[         ×TA× ] − [[TW- [       × ]] ×PR]
    TW+IW     FY           TW+IW FY

            (b) the amount calculated in accordance
                with the following formula--
                  TW         C
                       ×TA×
               TW+IW        FY
           where S is--
            (a) if the total taxable wages and interstate
                wages paid or payable by the employer
                (otherwise than as a member of a
                group) during the relevant financial
                year is not more than the first surcharge
                threshold amount--zero; or
            (b) if the total taxable wages and interstate
                wages paid or payable by the employer
                (otherwise than as a member of a
                group) during the relevant financial
                year is more than the first surcharge
                threshold amount, but not more than the
                second surcharge threshold amount, the
                amount calculated in accordance with
                the following formula--
                          TW×STA1
                [[TW- [             ]] ×0005]; or
                          TW+IW




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             Part 5--Amendment of Payroll Tax Act 2007


                     (c) if the total taxable wages and interstate
                         wages paid or payable by the employer
                         (otherwise than as a member of a
                         group) during the relevant financial
                         year is more than the second surcharge
                         threshold amount, the amount
                         calculated in accordance with the
                         following formula--
                     [TW×STA1 ]+[TW×STA2 ]
        [TW×001]- [[                      ] ×0005]
                           TW+IW
               (2) For the purposes of subclause (1), if the
                   amount calculated in accordance with the
                   formula in paragraph (a) of the definition of
                   the variable ND is an amount that is less than
                   zero, the amount is taken to be zero.".
      76 Clause 7A of Schedule 1 substituted
              For clause 7A of Schedule 1 to the Payroll Tax
              Act 2007 substitute--
              "7A Deductible amount for the purposes of
                  this Part
               (1) For the purposes of this Part, the deductible
                   amount is the lesser of the following
                   amounts--
                     (a) the amount calculated in accordance
                         with the following formula--

      GTW        C                  GTW    C
[           ×TA× ] − [[GTW- [APT×        × ]] ×PR]
    GTW+GIW     FY                GTW+GIW FY

                     (b) the amount calculated in accordance
                         with the following formula--
                            GTW         C
                                  ×TA×
                          GTW+GIW      FY




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        (2) If the amount calculated in accordance with
            the formula specified in subclause (1)(a) is
            an amount that is less than zero, the amount
            is taken to be zero.".
77 Definitions--Schedule 2
        In clause 1A of Schedule 2 to the Payroll Tax
        Act 2007--
         (a) insert the following definitions--
             "APT or annual phase out threshold has the
                 same meaning as in clause 1 of
                 Schedule 1;
             PR or phase out rate has the same meaning
                 as in clause 1 of Schedule 1;";
         (b) for paragraph (d) of the definition of base
             deductible amount or BDA substitute--
             "(d) for a month in the financial year
                  commencing on 1 July 2021, 2022 or
                  2023--$58 333;
              (e) for a month in the financial year
                  commencing on 1 July 2024--$75 000;
               (f) for a month in the financial year
                   commencing on 1 July 2025 and each
                   subsequent financial year--$83 333;".
78 Deductible amount for employer who does not pay
   interstate wages
        For clause 5(1) of Schedule 2 to the Payroll Tax
        Act 2007 substitute--
       "(1) For an employer who pays or is liable to pay
            taxable wages in a month but does not pay
            and is not liable to pay interstate wages in
            that month, the deductible amount in respect
            of that month is the lesser of the following
            amounts--



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                   (a) the amount calculated in accordance
                       with the following formula--
                                 ETW-APT
                        BDA − [             ×PR]
                                    12
                   (b) the base deductible amount.
           (1A) If the amount calculated in accordance with
                the formula specified in subclause (1)(a) is
                an amount that is less than zero, the amount
                is taken to be zero.".
   79 Deductible amount for employer who pays interstate
      wages
            For clause 6(3) of Schedule 2 to the Payroll Tax
            Act 2007 substitute--
            "(3) The amount is the lesser of the following
                 amounts--
                   (a) the amount calculated in accordance
                       with the following formula--

          ETW                       ETW        1
[BDA×          ] − [[[ETW − [APT×         ]] × ] ×PR]
        ETW+EIW                   ETW+EIW     12

                   (b) the amount calculated in accordance
                       with the following formula--
                        BDA × ETW
                        [ETW+EIW]
           (3A) If the amount calculated in accordance with
                the formula specified in subclause (3)(a) is
                an amount that is less than zero, the amount
                is taken to be zero.".




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   80 Deductible amount for groups that do not pay
      interstate wages
            For clause 9(1) of Schedule 2 to the Payroll Tax
            Act 2007 substitute--
            "(1) For a group in which one or more members
                 pay or are liable to pay taxable wages in a
                 month but no members pay or are liable to
                 pay interstate wages in that month, the
                 deductible amount in respect of that month
                 is the lesser of the following amounts--
                   (a) the amount calculated in accordance
                       with the following formula--
                                   ETW-APT
                        BDA − [            ×PR]
                                     12
                   (b) the base deductible amount.
           (1A) If the amount calculated in accordance with
                the formula specified in subclause (1)(a) is
                an amount that is less than zero, the amount
                is taken to be zero.".
   81 Deductible amount for groups that pay interstate
      wages
            For clause 10(3) of Schedule 2 to the Payroll Tax
            Act 2007 substitute--
            "(3) The amount is the lesser of the following
                 amounts--
                   (a) the amount calculated in accordance
                       with the following formula--

          ETW                       ETW        1
[BDA×          ] − [[[ETW − [APT×         ]] × ] ×PR]
        ETW+EIW                   ETW+EIW     12




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               (b) the amount calculated in accordance
                   with the following formula--
                   BDA × ETW
                   [ETW+EIW]
       (3A) If the amount calculated in accordance with
            the formula specified in subclause (3)(a) is
            an amount that is less than zero, the amount
            is taken to be zero.".

        Division 5--Declared schools
82 Schools and school councils
    (1) In clause 14(1) of Schedule 2 to the Payroll Tax
        Act 2007, after "exempt wages" insert "if the
        school is declared in accordance with this clause".
    (2) After clause 14(2) of Schedule 2 to the Payroll
        Tax Act 2007 insert--
        "(3) The Minister for Education, with the written
             consent of the Treasurer and having regard to
             the matters specified in subclause (4), may
             declare a school for the purposes of this
             Division by notice published in the
             Government Gazette.
         (4) For the purposes of subclause (3), the
             matters are the following--
               (a) the fees and charges imposed by the
                   school in relation to the provision of
                   education within that school;
               (b) any other financial contributions
                   received by the school;
               (c) any other matter that the Minister
                   considers appropriate.




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        (5) The Minister for Education, with the written
            consent of the Treasurer, may withdraw a
            declaration by further notice published in the
            Government Gazette.".

      Division 6--Statute law revision
83 Statute law revision amendment
        In clause 2(c) of Schedule 2 to the Payroll Tax
        Act 2007, for "4*90%;." substitute "4*90%;".




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         State Taxation Acts Amendment Act 2023
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  Part 6--Amendment of Planning and Environment Act 1987



 Part 6--Amendment of Planning and
        Environment Act 1987
 Division 1--Plans of subdivision for which
   statement of compliance not required
84 Definitions--Part 9B
         In section 201R of the Planning and
         Environment Act 1987 insert the following
         definition--
         "non-SOC plan of subdivision means a plan of
             subdivision submitted under section 35 of
             the Subdivision Act 1988 for which a
             statement of compliance is not required to be
             issued before that plan is registered under
             that Act;".
85 GAIC events
         After section 201RA(a) of the Planning and
         Environment Act 1987 insert--
       "(ab) the certification of a non-SOC plan of
             subdivision in relation to land in the
             contribution area;".
86 Excluded events
         In section 201RB of the Planning and
         Environment Act 1987--
          (a) after paragraph (a) insert--
             "(ab) the certification of a non-SOC plan of
                   subdivision in relation to land in the
                   contribution area that is an excluded
                   subdivision of land; or";
          (b) after paragraph (c) insert--
              "(ca) a dutiable transaction that involves the
                    vesting of a fee simple interest in part
                    of a parcel of land under section 24 of


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                    the Land Acquisition and
                    Compensation Act 1986 that is all or
                    partly in the contribution area; or
               (cb) a dutiable transaction relating to land
                    that is all or partly in the contribution
                    area that involves the acquisition of an
                    economic entitlement within the
                    meaning of section 32XC of the Duties
                    Act 2000 which, under section 32XD
                    of that Act, is taken to be the
                    acquisition of beneficial ownership of
                    the land chargeable with duty under
                    Chapter 2 of that Act; or".
87 What is a sub-sale of dutiable property?
         In section 201RD of the Planning and
         Environment Act 1987, after "32I(1)(d)" insert
         ", 32O(1)(d)".
88 New section 201RJ inserted
         After section 201RI of the Planning and
         Environment Act 1987 insert--
    "201RJ Application of Divisions 2 and 3 if there is
           GAIC event that is a certification of a
           non-SOC plan of subdivision
              Divisions 2 and 3 (except sections 201SE,
              201SF, 201SL, 201SPAA and 201SR) apply,
              with any necessary modifications, in relation
              to the certification of a non-SOC plan of
              subdivision as if any reference to the issue of
              a statement of compliance relating to a plan
              of subdivision were a reference to the
              certification of a non-SOC plan of
              subdivision.".




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89 Time of occurrence of GAIC event
         For section 201SE(a) of the Planning and
         Environment Act 1987 substitute--
         "(a) in the case of a plan of subdivision of land--
                (i) if the plan of subdivision is a non-SOC
                    plan of subdivision, the day on which
                    the plan of subdivision is certified; or
                (ii) in any other case, when the statement of
                     compliance relating to the plan of
                     subdivision is issued;".
90 Persons liable to pay GAIC
         After section 201SF(2) of the Planning and
         Environment Act 1987 insert--
       "(2A) The person who is liable to pay a growth
             areas infrastructure contribution imposed in
             respect of the certification of a non-SOC
             plan of subdivision in relation to land in the
             contribution area is--
                (a) if the land vests under the Land
                    Acquisition and Compensation
                    Act 1986, the person who was the
                    owner of the land immediately before
                    that vesting; or
                (b) in any other case, the person who is the
                    owner of the land immediately after the
                    certification of the plan of
                    subdivision.".
91 When and to whom the GAIC is payable
         After section 201SL(1)(a) of the Planning and
         Environment Act 1987 insert--
       "(ab) in the case of liability arising from the
             certification of a non-SOC plan of
             subdivision, within 3 months after the
             liability arises;".


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92 Time for payment of apportioned and deferred
   GAIC on public purpose land subdivision
     (1) For section 201SPAA(1)(b) of the Planning and
         Environment Act 1987 substitute--
        "(b) either of the following occurs--
                (i) a statement of compliance relating to a
                    plan of subdivision of all or any part of
                    that land is issued and the sole purpose
                    of that plan is to provide for public
                    purpose land;
                (ii) a non-SOC plan of subdivision in
                     relation to all or any part of that land is
                     certified and the sole purpose of the
                     acquisition of the land to which that
                     plan relates is to provide for public
                     purpose land.".
     (2) For section 201SPAA(3)(a) of the Planning and
         Environment Act 1987 substitute--
         "(a) the proportion of the growth areas
              infrastructure contribution that is
              apportioned under section 201SOC to public
              purpose land (a PPL proportion) must be
              paid within 3 months after the day on
              which--
                (i) the statement of compliance is issued;
                    or
                (ii) the non-SOC plan of subdivision is
                     certified; and".
93 Certificate of no GAIC liability
         In section 201SZD of the Planning and
         Environment Act 1987, for "paragraph (a),"
         substitute "paragraph (a), (ab),".




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   94 Notice to Registrar regarding registration of
      subdivision or transfer of land
            In section 201SZG(1) of the Planning and
            Environment Act 1987, after "subdivision of
            land" insert "(except a subdivision of land in
            relation to a non-SOC plan of subdivision)".
   95 Exemption from paying GAIC if duties exemption
      would apply
            In section 201TB(2) of the Planning and
            Environment Act 1987--
             (a) after "34(1)(b)," insert "34(1A),";
             (b) for "43(3)" substitute "43(1)";
             (c) after "46(2)(c)," insert "47(1),";
             (d) after "47(2)," insert "47A(1),".

      Division 2--Abolition of Growth Areas
Infrastructure Contribution Hardship Relief Board
   96 When and to whom the GAIC is payable
        (1) In section 201SL(5) of the Planning and
            Environment Act 1987--
             (a) for "section 201TE, 201TF, 201TH or
                 201TI" substitute "section 201TE or
                 201TF";
             (b) in paragraph (b) omit "or 201TK".
        (2) The note at the foot of section 201SL(5) of the
            Planning and Environment Act 1987 is
            repealed.




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97 Liability to pay deferred GAIC in relation to
   subsequent dutiable transactions
      (1) In section 201SMAA(6)(a) of the Planning and
          Environment Act 1987--
           (a) for "section 201TE, 201TF or 201TH"
               substitute "section 201TE or 201TF";
           (b) in subparagraph (ii) omit "or 201TK".
      (2) The note at the foot of section 201SMAA(6) of
          the Planning and Environment Act 1987 is
          repealed.
98 Subdivision 1 of Division 3 of Part 9B repealed
          Subdivision 1 of Division 3 of Part 9B of the
          Planning and Environment Act 1987 is
          repealed.
99 Heading to Subdivision 2 of Division 3 of Part 9B
   amended
          In the heading to Subdivision 2 of Division 3 of
          Part 9B of the Planning and Environment
          Act 1987 omit "or Board".
100 Section 201TE amended
      (1) In the heading to section 201TE of the Planning
          and Environment Act 1987, for "exceptional"
          substitute "certain".
      (2) For section 201TE(1)(b) of the Planning and
          Environment Act 1987 substitute--
         "(b) the Governor in Council is satisfied that--
                 (i) the liability would cause the person
                     financial hardship; or
                 (ii) exceptional circumstances exist.".




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101 Subdivision 4 of Division 3 of Part 9B repealed
          Subdivision 4 of Division 3 of Part 9B of the
          Planning and Environment Act 1987 is
          repealed.

 Division 3--Apportionment of growth areas
         infrastructure contribution
102 Apportionment of GAIC on issue of statement of
    compliance
          In section 201SGA(2) of the Planning and
          Environment Act 1987--
           (a) after "child lot" (where secondly occurring)
               insert "in the contribution area";
           (b) after "parent lot" insert "in the contribution
               area".
103 Apportionment of GAIC on issue of statement of
    compliance
          In section 201SOC(3) of the Planning and
          Environment Act 1987--
           (a) after "child lot" (where secondly occurring)
               insert "in the contribution area";
           (b) after "parent lot" insert "in the contribution
               area".

      Division 4--Transitional provisions
104 New section 229 inserted
          After section 228 of the Planning and
          Environment Act 1987 insert--
         "229 Transitional provisions--State Taxation
              Acts Amendment Act 2023
          (1) Part 9B, as in force immediately before the
              commencement of Division 1 of Part 6 of the
              amending Act, continues to apply in respect


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       State Taxation Acts Amendment Act 2023
                   No.      of 2023
Part 6--Amendment of Planning and Environment Act 1987


            of a plan of subdivision submitted under
            section 35 of the Subdivision Act 1988 for
            which a statement of compliance is not
            required to be issued before that plan is
            registered under the Subdivision Act 1988 if
            the plan was submitted before the
            commencement of Division 1 of Part 6 of the
            amending Act.
       (2) On the day on which Division 2 of Part 6 of
           the amending Act comes into operation--
              (a) the Growth Areas Infrastructure
                  Contribution Hardship Relief Board is
                  abolished; and
              (b) a person holding office as a member of
                  that Board immediately before that
                  commencement--
                    (i) ceases to hold that office; and
                   (ii) is not entitled to any remuneration
                        or compensation because of that
                        loss of office.
       (3) If, before the commencement of Division 2
           of Part 6 of the amending Act, an application
           is made to the Growth Areas Infrastructure
           Contribution Hardship Relief Board in
           accordance with section 201TH and the
           application has not been decided before that
           commencement, section 201TE applies in
           respect of the application as if it had been
           made to the Minister under
           section 201TE(3).
       (4) In this section--
            amending Act means the State Taxation
                Acts Amendment Act 2023.".




                         79
           State Taxation Acts Amendment Act 2023
                       No.      of 2023
          Part 7--Amendment of Subdivision Act 1988



Part 7--Amendment of Subdivision Act 1988
 105 When can the Registrar register a plan?
           For section 22(1)(g) of the Subdivision Act 1988
           substitute--
          "(g) in the case of a plan of subdivision of land
               (other than a plan of subdivision submitted
               under section 35) in respect of which there is
               a GAIC recording, the application to register
               the plan is supported by--
                  (i) a notice relating to that land issued by
                      the Commissioner of State Revenue
                      under section 201SZG of the Planning
                      and Environment Act 1987; or
                 (ii) an application relating to that land
                      made under section 201UC of the
                      Planning and Environment Act 1987
                      by the Victorian Planning Authority or
                      the Commissioner of State Revenue.".
 106 What is the effect of registration?
           After section 24(2A) of the Subdivision Act 1988
           insert--
         "(2B) Nothing in this section discharges a liability
               for a growth areas infrastructure contribution
               that has arisen in relation to land under
               Part 9B of the Planning and Environment
               Act 1987.".
 107 Acquisition of land by acquiring authority
           After section 35(10) of the Subdivision Act 1988
           insert--
         "(11) A Council, within 7 days after certifying a
               plan of subdivision specified in
               subsection (12), must give a notice to the
               Commissioner of State Revenue referred to
               in section 62 of the Taxation


                            80
 State Taxation Acts Amendment Act 2023
             No.      of 2023
Part 7--Amendment of Subdivision Act 1988


      Administration Act 1997 that the plan has
      been certified unless--
       (a) the certification of the plan is an
           excluded event (within the meaning of
           section 201RB of the Planning and
           Environment Act 1987); or
       (b) any one of the circumstances described
           in section 201SA of the Planning and
           Environment Act 1987 applies to the
           land.
(12) For the purposes of subsection (11), the
     specified plan of subdivision is a plan of
     subdivision--
       (a) submitted under this section; and
       (b) for which a statement of compliance is
           not required to be issued before
           registration of the plan; and
       (c) that relates to land in respect of which
           there is a GAIC recording (within the
           meaning of Part 9B of the Planning
           and Environment Act 1987).".




                  81
          State Taxation Acts Amendment Act 2023
                      No.      of 2023
   Part 8--Amendment of Taxation Administration Act 1997



    Part 8--Amendment of Taxation
        Administration Act 1997
108 Objection
         After section 96(2) of the Taxation
         Administration Act 1997 insert--
         "(3) A taxpayer who is dissatisfied with a
              valuation referred to in subsection (1)(cb)
              and lodges a written objection in relation to
              that valuation must object to both valuations
              used by the Commissioner in the assessment
              of windfall gains tax, regardless of whether
              the grounds for the objection relate to only
              one of those valuations.".




                           82
          State Taxation Acts Amendment Act 2023
                      No.      of 2023
      Part 9--Amendment of Valuation of Land Act 1960



Part 9--Amendment of Valuation of Land
            Act 1960
109 Who may object?
         After section 16(6AB) of the Valuation of Land
         Act 1960 insert--
      "(6AC) A person referred to in subsection (6AB)
             who lodges a written objection to a valuation
             referred to in that subsection must object to
             both valuations referred to in that subsection,
             regardless of whether the grounds for the
             objection relate to only one of those
             valuations.".
110 Determination of objection
     (1) In section 21(6) of the Valuation of Land
         Act 1960, after "Subject to" insert
         "subsection (6A) or to".
     (2) After section 21(6) of the Valuation of Land
         Act 1960 insert--
       "(6A) A rating authority is not required to give
             effect to a decision of the valuer-general
             made in relation to a valuation referred to in
             section 16(6AB).".




                           83
           State Taxation Acts Amendment Act 2023
                       No.      of 2023
                  Part 10--Repeal of this Act



        Part 10--Repeal of this Act
111 Repeal of this Act
           This Act is repealed on 1 July 2025.
    Note
    The repeal of this Act does not affect the continuing operation of
    the amendments made by it (see section 15(1) of the
    Interpretation of Legislation Act 1984).
                  ═════════════




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                    State Taxation Acts Amendment Act 2023
                                No.      of 2023
                                        Endnotes



                                    Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to amend the
      Duties Act 2000, the Fire Services Property Levy Act 2012, the Land
      Tax Act 2005, the Payroll Tax Act 2007, the Planning and
      Environment Act 1987, the Subdivision Act 1988, the Taxation
      Administration Act 1997 and the Valuation of Land Act 1960 and for
      other purposes."




                 By Authority. Government Printer for the State of Victoria.




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