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State Taxation Acts Further Amendment Act 2011 No. 69 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 3 PART 2—PAYROLL TAX ACT 2007 4 3 Non-profit organisations 4 4 Maternity and adoption leave 5 PART 3—DUTIES ACT 2000 6 Division 1—Reduction in time available for payment of duty 6 Subdivision 1—Transactions concerning dutiable property 6 5 Necessity for written instrument or written statement 6 6 Lodging instrument or statement with Commissioner 6 7 When must duty be paid—transactions concerning dutiable property 6 8 Interdependent sale of land and business goods 6 9 Liability for duty if residence requirement not complied with 6 10 Liability for duty if primary production requirement not complied with 6 1
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Page 1: State Taxation Acts Further Amendment Act 2011FILE/11-069a.docx  · Web viewState Taxation Acts Further Amendment Act 2011. ... and penalty tax in relation to livestock ... duty

State Taxation Acts Further Amendment Act 2011 No. 69 of 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 3

PART 2—PAYROLL TAX ACT 2007 4

3 Non-profit organisations 44 Maternity and adoption leave 5

PART 3—DUTIES ACT 2000 6

Division 1—Reduction in time available for payment of duty 6

Subdivision 1—Transactions concerning dutiable property 6

5 Necessity for written instrument or written statement 66 Lodging instrument or statement with Commissioner 67 When must duty be paid—transactions concerning dutiable

property 68 Interdependent sale of land and business goods 69 Liability for duty if residence requirement not complied with 610 Liability for duty if primary production requirement not

complied with 611 Anti-avoidance provision—transactions concerning dutiable

property 7

Subdivision 2—Certain transactions treated as transfers 7

12 Acquisition statements 713 When must duty be paid—land rich duty 714 Re-purchase facilities—widely held trusts 715 Disqualifying circumstances for certain unit trust schemes 716 Sale of private unit trust scheme through conversion to public

unit trust scheme 717 Anti-avoidance provision—land rich duty 718 When must duty be paid—capital reductions or rights

alterations 719 When must duty be paid—allotment of shares by direction 8

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20 Acquisition of shares by allotment 821 When must duty be paid—acquisition of land use entitlements

by allotment of shares or issue of units 822 Acquisition of land use entitlement 8

Subdivision 3—Financial sector (transfers of business) 8

23 Statement of transfer of property 8

Subdivision 4—Corporate reconstructions 8

24 Interest 8

Division 2—Miscellaneous amendments 9

25 Change in trustees 926 Eligible pensioner exemption or concession where dwelling

exists at the time of transfer 9

PART 4—LAND TAX ACT 2005 12

Division 1—Time-sharing schemes 12

27 Definitions 1228 New section 18A inserted 12

18A Managers of title-based time-sharing schemes 1229 New section 46AA inserted 12

46AA Title-based time-sharing schemes 12

Division 2—Primary production land 13

30 Definitions 1331 Definitions—primary production land 1332 Exemption of primary production land in an urban zone in

Greater Melbourne 1433 Parcels of land 16

Division 3—Valuations 16

34 Definitions 1635 Taxable value of land 1636 Use of valuations 17

PART 5—TAXATION ADMINISTRATION ACT 1997 18

37 Definitions 1838 Meaning of taxation laws 1839 Objection 1840 Grounds for objection 1841 Referral to Tribunal 19

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PART 6—LIVESTOCK DISEASE CONTROL ACT 1994 20

42 Cattle Compensation Fund 2043 Sheep and Goat Compensation Fund 2044 Swine Compensation Fund 2045 Amendment of heading to Part 6 2146 New section 107D inserted 21

107D Disclosure of information to Commissioner of State Revenue in relation to the administration of duty 21

47 Statute law revision 22

PART 7—VALUATION OF LAND ACT 1960 23

48 Definitions 2349 Functions of valuer-general 2350 Use of valuation by another rating authority other than a

council 2351 Council to provide valuation to valuer-general 2452 Fees for copy of valuation 2453 New section 11 substituted 25

11 General valuation to be made every two years 2554 Council valuations 2555 Valuation authority to make supplementary valuation on

behalf of council 2656 Section 13DI repealed 2657 Notice of valuation 2658 Who may object? 2659 Time for lodging objection 2760 Determination of objection 27

PART 8—REPEAL 28

61 Repeal of amending Act 28═══════════════

ENDNOTES 29

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State Taxation Acts Further Amendment Act 2011†

No. 69 of 2011

[Assented to 29 November 2011]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The purposes of this Act are—

(a) to amend the Payroll Tax Act 2007 in relation to the exemptions for non-profit organisations and for maternity leave or adoption leave; and

Victoria

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(b) to amend the Duties Act 2000—

(i) to reduce the period of time available for the payment of duty after the liability arises from 3 months to 30 days; and

(ii) to rectify an anomaly in the application of the exemption and concessions available to eligible pensioners purchasing off the plan properties and to remove an outdated reference to the Income Tax Assessment Act 1936 of the Commonwealth; and

(c) to amend the Land Tax Act 2005—

(i) in relation to time-sharing schemes where the time-sharers are registered proprietors so that the manager of the scheme is assessed for land tax and the time-sharers owe a debt for their share of the tax; and

(ii) in relation to the primary production land exemption, to change the ownership requirements to increase consistency and improve the operation of the exemption; and

(iii) to make miscellaneous amendments in relation to the use of valuations for the assessment of land tax; and

(d) to amend the Taxation Administration Act 1997—

(i) to empower the Commissioner of State Revenue to impose interest and penalty tax in relation to livestock duty and to apply the administration and enforcement provisions to the collection of livestock duty; and

Section Page

2

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(ii) to clarify the objection processes in relation to the valuation of land under that Act; and

(e) to amend the Livestock Disease Control Act 1994—

(i) to allow the Secretary to disclose certain information in relation to the administration of livestock duty to the Commissioner of State Revenue; and

(ii) to ensure any interest and penalty tax collected by the Commissioner of State Revenue in relation to livestock duty is paid into the appropriate compensation funds; and

(f) to make miscellaneous amendments to the Valuation of Land 1960 to improve the operation of that Act.

2 Commencement

(1) This Act (other than Part 2 and Division 1 of Part 3) comes into operation on the day after the day on which it receives the Royal Assent.

(2) Part 2 comes into operation on 1 July 2012.

(3) Division 1 of Part 3 comes into operation on 1 April 2012.

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Section Page

3

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PART 2—PAYROLL TAX ACT 2007

3 Non-profit organisationsSee:Act No.26/2007.Reprint No. 1as at20 May 2010and amendingAct Nos36/2010, 28/2011 and 29/2011.LawToday:www.legislation.vic.gov.aus. 3

(1) For section 48(1) and (2) of the Payroll Tax Act 2007 substitute—

"(1) Wages are exempt wages if the Commissioner is satisfied that the wages are paid or payable—

(a) by any of the following—

(i) a religious institution; or

(ii) a public benevolent institution (but not including an instrumentality of the State); or

(iii) a non-profit organisation having as its whole or dominant purpose a charitable, benevolent, philanthropic or patriotic purpose (but not including a school, an educational institution, an educational company or an instrumentality of the State); and

(b) to a person engaged exclusively in work of a religious, charitable, benevolent, philanthropic or patriotic nature for the institution or non-profit organisation.".

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(2) In section 48(3) of the Payroll Tax Act 2007 for "subsection (1)(c)" substitute "subsection (1)(a)(iii)".

4 Maternity and adoption leave

For section 53(4) of the Payroll Tax Act 2007 substitute—

"(4) In subsection (3)—

(a) a reference to 14 weeks maternity leave or 14 weeks adoption leave includes a reference to an equivalent period of leave at a reduced rate of pay; and

(b) a reference to wages paid or payable in respect of a period of leave is a reference to the total wages that would normally have been paid or payable for that period of leave.

Example

For a part-time employee, the exemption may apply to wages paid or payable for maternity leave or adoption leave that extends to 28 weeks at half of the part-time rate of pay that would normally apply to the employee.".

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PART 3—DUTIES ACT 2000

Division 1—Reduction in time available for payment of duty

Subdivision 1—Transactions concerning dutiable property

5 Necessity for written instrument or written statement

(1) In section 14(2) of the Duties Act 2000, for "3 months" substitute "30 days".

(2) In section 14(3) of the Duties Act 2000, for "3 months" (where twice occurring) substitute "30 days".

6 Lodging instrument or statement with Commissioner

In section 15(1) of the Duties Act 2000, for "3 months" substitute "30 days".

7 When must duty be paid—transactions concerning dutiable property

In section 16 of the Duties Act 2000, for "3 months" substitute "30 days".

8 Interdependent sale of land and business goods

In section 22B(4) of the Duties Act 2000, for "3 months" substitute "30 days".

9 Liability for duty if residence requirement not complied with

In the note at the foot of section 57M(2) of the Duties Act 2000, for "3 months" substitute "30 days".

10 Liability for duty if primary production requirement not complied with

In the note at the foot of section 69AH(2) of the Duties Act 2000, for "3 months" substitute "30 days".

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11 Anti-avoidance provision—transactions concerning dutiable property

In section 69C(2) of the Duties Act 2000, for "3 months" substitute "30 days".

Subdivision 2—Certain transactions treated as transfers

12 Acquisition statements

In section 80(1) of the Duties Act 2000, for "3 months" substitute "30 days".

13 When must duty be paid—land rich duty

In section 81 of the Duties Act 2000, for "3 months" substitute "30 days".

14 Re-purchase facilities—widely held trusts

In section 89A(3)(c) of the Duties Act 2000, for "3 months" substitute "30 days".

15 Disqualifying circumstances for certain unit trust schemes

In section 89B(2)(e) of the Duties Act 2000, for "3 months" substitute "30 days".

16 Sale of private unit trust scheme through conversion to public unit trust scheme

In section 89C(2)(d) of the Duties Act 2000, for "3 months" substitute "30 days".

17 Anti-avoidance provision—land rich duty

In section 89I(4) of the Duties Act 2000, for "3 months" substitute "30 days".

18 When must duty be paid—capital reductions or rights alterations

In section 92 of the Duties Act 2000, for "3 months" substitute "30 days".

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19 When must duty be paid—allotment of shares by direction

In section 99 of the Duties Act 2000, for "3 months" substitute "30 days".

20 Acquisition of shares by allotment

In section 101(2) of the Duties Act 2000, for "3 months" substitute "30 days".

21 When must duty be paid—acquisition of land use entitlements by allotment of shares or issue of units

In section 103B of the Duties Act 2000, for "3 months" substitute "30 days".

22 Acquisition of land use entitlement

In section 103D(2) of the Duties Act 2000, for "3 months" substitute "30 days".

Subdivision 3—Financial sector (transfers of business)

23 Statement of transfer of property

In section 107(3) of the Duties Act 2000, for "3 months" substitute "30 days".

Subdivision 4—Corporate reconstructions

24 Interest

In section 250L(3) of the Duties Act 2000, in the definition of relevant day, for "3 months" substitute "30 days".

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Division 2—Miscellaneous amendments

25 Change in trusteesSee:Act No.79/2000.Reprint No. 8as at1 August 2011 and amending Act No. 67/2010.LawToday:www.legislation.vic.gov.aus. 25

In section 33(1) of the Duties Act 2000, in paragraph (c) of the definition of special trustee, omit "within the meaning of section 267 of the Income Tax Assessment Act 1936 of the Commonwealth".

26 Eligible pensioner exemption or concession where dwelling exists at the time of transfer

(1) After section 59(1)(a) of the Duties Act 2000 insert—

"(ab) the dwelling was constructed before the time the contract of sale was entered into; and".

(2) After section 59(2)(a) of the Duties Act 2000 insert—

"(ab) the dwelling was constructed before the time the contract of sale was entered into; and".

(3) In section 59(3) of the Duties Act 2000, for "The concession" substitute "If subsection (2) applies, the concession".

(4) After section 59(3) of the Duties Act 2000 insert—

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"(4) An eligible pensioner is entitled to an exemption from duty under this Chapter in respect of a transfer to the eligible pensioner of dutiable property being an estate in fee simple in land if—

(a) at the time of the transfer there is a dwelling on the land; and

(b) the dwelling was constructed after the time the contract of sale was entered into; and

(c) the aggregate of the dutiable value of the dutiable property and the cost of construction of the dwelling does not exceed $330 000.

(5) An eligible pensioner is entitled to a concession from duty under this Chapter in respect of a transfer of dutiable property being an estate in fee simple in land if—

(a) at the time of the transfer there is a dwelling on the land; and

(b) the dwelling was constructed after the time the contract of sale was entered into; and

(c) the aggregate of the dutiable value of the dutiable property and the cost of construction of the dwelling exceeds $330 000 but does not exceed $750 000.

(6) If subsection (5) applies, the concession is an amount calculated in accordance with the formula—

(a) where the aggregate of the dutiable value of the dutiable property and the cost of construction of the dwelling

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exceeds $330 000 but does not exceed $440 000—

where—

"D" is the amount of duty paid or payable (but for this Division) on the transfer;

"P" is the aggregate amount referred to in subsection (5); or

(b) where the aggregate of the dutiable value of the dutiable property and the cost of construction of the dwelling exceeds $440 000 but does not exceed $550 000—

where—

"D" is the amount of duty paid or payable (but for this Division) on the transfer;

"P" is the aggregate amount referred to in subsection (5); or

(c) where the aggregate of the dutiable value of the dutiable property and the cost of construction of the dwelling exceeds $550 000 but does not exceed $750 000—

where—

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"D" is the amount of duty paid or payable (but for this Division) on the transfer;

"P" is the aggregate amount referred to in subsection (5).".

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PART 4—LAND TAX ACT 2005

Division 1—Time-sharing schemes

27 DefinitionsSee:Act No.88/2005.Reprint No. 4as at13 October 2011and amendingAct Nos49/2010 and 35/2011.LawToday:www.legislation.vic.gov.aus. 27

In section 3(1) of the Land Tax Act 2005 insert the following definition—

"title-based time-sharing scheme means a scheme under which participants are—

(a) entitled to use, occupy and possess land to which the scheme relates for 2 or more periods during the scheme's operation; and

(b) the registered proprietors of a share interest in respect of which a folio is created under section 98D of the Transfer of Land Act 1958;".

28 New section 18A inserted

After section 18 of the Land Tax Act 2005 insert—

"18A Managers of title-based time-sharing schemes

For the purposes of this Act, a person who manages a title-based time-sharing scheme is deemed to be the owner of the land to which

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that scheme relates instead of the participants under that scheme.".

29 New section 46AA inserted

After section 46 of the Land Tax Act 2005 insert—

"46AA Title-based time-sharing schemes

(1) The owner of land to which a title-based time-sharing scheme relates is to be assessed on the total value of all taxable land to which the scheme relates as if the land were the only land owned by that person.

(2) A participant in a title-based time-sharing scheme incurs a debt in an amount equivalent to the proportion of the participant's interest in the land to the person who—

(a) is the owner of the land to which the title-based time-sharing scheme relates; and

(b) has been assessed for land tax under subsection (1).".

Division 2—Primary production land

30 Definitions

In section 3(1) of the Land Tax Act 2005, in the definition of beneficiary, after "means" insert "(except in Division 2 of Part 4)".

31 Definitions—primary production land

(1) In section 64(1) of the Land Tax Act 2005, insert the following definitions—

"discretionary trust means a trust under which the distribution or vesting of the whole or any part of the trust income or property—

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(a) is required to be determined by a person either in respect of the identity of the beneficiaries or the quantum of interest to be taken, or both; or

(b) will occur in the event that a discretion conferred under the trust is not exercised;

specified beneficiary of a discretionary trust means a person specifically named in the trust deed or specifically declared in writing pursuant to the trust deed as a beneficiary whom, by the terms of the trust, the whole or any part of the trust income or property may be distributed to or vested in—

(a) in the event of the exercise of a power or discretion in favour of the person (whether or not that power is presently exercisable); or

(b) in the event that a discretion conferred under the trust is not exercised;".

(2) In section 64(1) of the Land Tax Act 2005, in the definition of urban zone, after "means a zone" insert ", or part of a zone,".

32 Exemption of primary production land in an urban zone in Greater Melbourne

(1) In section 67(2) of the Land Tax Act 2005—

(a) in paragraph (b), after "proprietary company" insert "(not acting in the capacity of trustee of a trust)";

(b) in paragraph (c)—

(i) after "trustee of a trust" insert "(other than a discretionary trust)";

(ii) in subparagraph (i), for "sole" substitute "principal";

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(iii) in subparagraph (iii), for "land." substitute "land; or";

(c) after paragraph (c) insert—

"(d) a trustee of a discretionary trust of which—

(i) the principal business must be primary production of the type carried on on the land; and

(ii) either—

(A) each specified beneficiary is a natural person; or

(B) at least one of the specified beneficiaries is a natural person and each of the specified beneficiaries who is not a natural person is either—

(a) a charitable institution or a trustee of a charitable trust; or

(b) a company all of the shares in which are owned by one or more of the specified beneficiaries who are natural persons; or

(c) a trustee of a trust (except a charitable trust), all of the beneficiaries or specified beneficiaries of which are specified beneficiaries of the

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discretionary trust who are natural persons; and

(iii) either—

(A) at least one of the specified beneficiaries is a natural person who is normally engaged in a substantially full-time capacity in the business of primary production of the type carried on on the land; or

(B) a relative of at least one of the specified beneficiaries is normally engaged in a substantially full-time capacity in the business of primary production of the type carried on on the land.".

(2) In section 67(4)(a) of the Land Tax Act 2005, after "primary production" insert "of the type carried on".

33 Parcels of land

For section 70(b) of the Land Tax Act 2005 substitute—

"(b) the owner of the parcel of land is the owner of the land within the meaning of section 67(2).".

Division 3—Valuations

34 Definitions

(1) In section 3(1) of the Land Tax Act 2005 insert the following definition—

"valuation authority has the same meaning as in section 2(1) of the Valuation of Land Act 1960;".

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(2) In section 3(1) of the Land Tax Act 2005, in the definition of return date, omit "(within the meaning of that Act)".

35 Taxable value of land

In section 19(2)(a) of the Land Tax Act 2005, for "municipal council" substitute "valuation authority".

36 Use of valuations

In section 21(1) of the Land Tax Act 2005—

(a) in paragraph (a), for "rating" substitute "valuation";

(b) in paragraph (b), after "valuations made" insert "for and on behalf of the Commissioner".

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PART 5—TAXATION ADMINISTRATION ACT 1997

37 DefinitionsSee:Act No.40/1997.Reprint No. 5as at13 October 2011.LawToday:www.legislation.vic.gov.aus. 37

(1) In section 3(1) of the Taxation Administration Act 1997, in paragraph (f) of the definition of trustee, for "capacity." substitute "capacity;".

(2) In section 3(1) of the Taxation Administration Act 1997 insert the following definition—

"valuation authority has the same meaning as in section 2(1) of the Valuation of Land Act 1960.".

38 Meaning of taxation laws

At the end of section 4 of the Taxation Administration Act 1997 insert—

"(2) Part 6 of the Livestock Disease Control Act 1994 and any regulations made under that Act for the purposes of that Part is a taxation law for the purposes of this Act in respect of the application of Chapter 10 of the Duties Act 2000 and any regulations made under that Act for the purposes of that Chapter.".

39 Objection

In section 96(1)(ca) of the Taxation Administration Act 1997, after "a valuation" insert "made for or on behalf of the Commissioner under section 21(1)(b) of the Land Tax Act 2005".

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40 Grounds for objection

For section 97(3) of the Taxation Administration Act 1997 substitute—

"(3) A taxpayer cannot object to an assessment of land tax on any ground relating to the value of the land if—

(a) the assessment is based on a valuation made by a valuation authority under the Valuation of Land Act 1960; and

(b) that valuation was not made for or on behalf of the Commissioner under section 21(1)(b) of the Land Tax Act 2005.".

41 Referral to Tribunal

In section 111(3) of the Taxation Administration Act 1997, for "a valuation by the Valuer-General used by the Commissioner" substitute "a valuation made for or on behalf of the Commissioner under section 21(1)(b) of the Land Tax Act 2005 used by the Commissioner".

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PART 6—LIVESTOCK DISEASE CONTROL ACT 1994

42 Cattle Compensation Fund

After section 71(2)(a) of the Livestock Disease Control Act 1994 insert—

"(ab) all money received by or for the Commissioner of State Revenue as interest or penalty tax in respect of the whole or part of duty on statements and approved agents' returns relating to the sale of cattle or calves or the carcases of cattle under the Duties Act 2000;".

43 Sheep and Goat Compensation Fund

After section 79A(2)(a) of the Livestock Disease Control Act 1994 insert—

"(ab) all money received by or for the Commissioner of State Revenue as interest or penalty tax in respect of the whole or part of duty on statements and approved agents' returns relating to the sale of sheep or goats or the carcases of sheep or goats under the Duties Act 2000;".

44 Swine Compensation Fund

After section 80(2)(a) of the Livestock Disease Control Act 1994 insert—

"(ab) all money received by or for the Commissioner of State Revenue as interest or penalty tax in respect of the whole or part of duty on statements and approved agents' returns relating to the sale of pigs or the carcases of pigs under the Duties Act 2000;".

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45 Amendment of heading to Part 6See:Act No.115/1994.Reprint No. 6as at1 January 2011and amendingAct No.29/2011.LawToday:www.legislation.vic.gov.aus. 45

In the heading to Part 6 of the Livestock Disease Control Act 1994 omit "STAMP".

46 New section 107D inserted

After section 107C of the Livestock Disease Control Act 1994 insert—

"107D Disclosure of information to Commissioner of State Revenue in relation to the administration of duty

The Secretary may disclose information obtained under or in relation to the administration of Part 6 or Chapter 10 of the Duties Act 2000 to the Commissioner of State Revenue in connection with the administration or execution of—

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(a) Part 6 and the regulations made under this Act for the purposes of that Part; and

(b) the Duties Act 2000 and the regulations made under it.".

47 Statute law revision

(1) In section 7B of the Livestock Disease Control Act 1994, for "livestock—" substitute "livestock is—".

(2) In section 7B(a) of the Livestock Disease Control Act 1994 omit "is".

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PART 7—VALUATION OF LAND ACT 1960

48 Definitions

In section 2(1) of the Valuation of Land Act 1960 insert the following definition—

"return, in relation to a general valuation or supplementary valuation, means the act of the valuer giving to the valuation authority a general valuation or a supplementary valuation which has been signed and dated;".

49 Functions of valuer-general

For section 5(1)(ab) of the Valuation of Land Act 1960 substitute—

"(ab) to cause general valuations and supplementary valuations to be made when so nominated by councils;".

50 Use of valuation by another rating authority other than a council

(1) In the heading to section 7AG of the Valuation of Land Act 1960 after "authority" insert "other than a council".

(2) In section 7AG(1) of the Valuation of Land Act 1960, after "rating authority" insert ", other than a council,".

(3) In section 7AG(3) of the Valuation of Land Act 1960—

(a) in paragraph (a), for "made" substitute "declared as true and correct under section 7AF";

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(b) for paragraph (b) substitute—

"(b) the declaration of the valuation as true and correct under section 7AF (if the declaration of the valuation as true and correct has not been made at the time of the request).".

51 Council to provide valuation to valuer-general

In section 7B(1) of the Valuation of Land Act 1960, for "making of the valuation" substitute "date on which the valuation was returned to the council".

52 Fees for copy of valuation

(1) In section 8AA(1) of the Valuation of Land Act 1960, after "rating authority" insert ", other than a council,".

(2) After section 8AA(1) of the Valuation of Land Act 1960 insert—

"(1A) A council that has been provided with a valuation by the valuer-general under section 11 must pay the valuer-general—

(a) on receipt of the valuation, a fee for the valuation; and

(b) after that, fees in respect of the servicing of the valuation.

(1B) A council that has requested a supplementary valuation under section 13DFB must pay the valuer-general—

(a) on receipt of the valuation, a fee for the valuation; and

(b) after that, fees in respect of the servicing of the valuation.".

(3) In section 8AA(2) of the Valuation of Land Act 1960, for "under subsection (1)" substitute "under

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this section".

53 New section 11 substituted

For section 11 of the Valuation of Land Act 1960 substitute—

"11 General valuation to be made every two years

For the purposes of the Local Government Act 1989, a valuation authority must—

(a) cause a general valuation of rateable land within the relevant municipal district to be made as at 1 January in every even calendar year; and

(b) before 30 June that year, cause a general valuation made in accordance with paragraph (a)—

(i) to be returned to it; and

(ii) if the valuation authority for the relevant municipal district is the valuer-general—to be provided to the council of that municipal district.".

54 Council valuations

(1) In section 13DA(1) of the Valuation of Land Act 1960, for "council" substitute "valuation authority".

(2) In section 13DA(2) of the Valuation of Land Act 1960, for "council" substitute "valuation authority".

(3) In section 13DA(3)(a) of the Valuation of Land Act 1960, for "the council" (where first occurring) substitute "a council, as valuation authority,".

55 Valuation authority to make supplementary valuation on behalf of council

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In section 13DFB(1) of the Valuation of Land Act 1960, for "carry out a supplementary valuation under section 13DF" substitute "cause a supplementary valuation under section 13DF to be made".

56 Section 13DI repealed

Section 13DI of the Valuation of Land Act 1960 is repealed.

57 Notice of valuation

(1) In section 15(1) of the Valuation of Land Act 1960, for "makes a general valuation or causes a general valuation to be made" substitute "causes a general or supplementary valuation to be made".

(2) In section 15(2) of the Valuation of Land Act 1960 omit "makes a general or supplementary valuation or".

58 Who may object?

(1) In section 16(6) of the Valuation of Land Act 1960, for "made the valuation or caused it to be made" substitute "caused the valuation to be made".

(2) In section 16(6B) of the Valuation of Land Act 1960, for "made the valuation or caused it to be made" substitute "caused the valuation to be made".

59 Time for lodging objection

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For section 18(b) of the Valuation of Land Act 1960 substitute—

"(b) in the case of a person referred to in section 16(5)—

(i) if a notice of assessment of the rate or tax was served on the person by a rating authority, within 2 months after the notice was served; or

(ii) if a notice of assessment of the rate or tax was not served on the person by a rating authority and the person is the occupier of the land, within 4 months after the date of issue specified on the notice; or".

60 Determination of objection

In section 21(2) of the Valuation of Land Act 1960 omit "made the valuation or".

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PART 8—REPEAL

61 Repeal of amending Act

This Act is repealed on 1 July 2013.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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ENDNOTES

Endnotes

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† Minister's second reading speech—

Legislative Assembly: 26 October 2011

Legislative Council: 10 November 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Payroll Tax Act 2007, the Duties Act 2000, the Land Tax Act 2005, the Taxation Administration Act 1997, the Livestock Disease Control Act 1994 and the Valuation of Land Act 1960 and for other purposes."


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