2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Treasurer) Revenue Legislation Amendment Bill 2010 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Duties Act 1999 3 Legislation amended--pt 2 3 4 New section 73B 3 Part 3 Payroll Tax Act 1987 5 Legislation amended--pt 3 4 J2009-949 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 6 Exempt wages New section 2F (1) (aa) 4 7 Section 2F (2) and note 4 8 Dictionary, note 2 5 Part 4 Rates Act 2004 9 Legislation amended--pt 4 6 10 Definitions for pt 7 Section 45, definition of eligible person, new paragraph (d) 6 11 Section 45, definition of owner, new paragraph (a) (ia) 6 12 Section 45, new definition of special disability trust 6 13 Determination for deferral of rates on application New section 46 (2) (aa) 6 14 New section 46 (8) 7 15 Determination for deferral of rates without application New section 47 (4A) 7 16 Rebate of rates--capped New section 64 (4A) 7 17 Change in circumstances Section 67 (1A) 7 contents 2 Revenue Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Treasurer) 1 Revenue Legislation Amendment Bill 2 2010 A Bill for An Act to amend the Duties Act 1999, the Payroll Tax Act 1987 and the Rates Act 2004 The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-949 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Revenue Legislation Amendment Act 2010. 4 2 Commencement 5 This Act commences on the day after its notification day. 6 Note The naming and commencement provisions automatically commence on 7 the notification day (see Legislation Act, s 75 (1)). page 2 Revenue Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 3 1 Part 2 Duties Act 1999 2 3 Legislation amended--pt 2 3 This part amends the Duties Act 1999. 4 4 New section 73B 5 insert 6 73B Transfers etc to special disability trusts 7 (1) No duty is chargeable under this chapter on a dutiable transaction 8 that is a transfer or grant of a residential lease if-- 9 (a) the transfer or grant is to a special disability trust; and 10 (b) the commissioner is satisfied that the property the subject of 11 the transfer or grant is to be used as the principal place of 12 residence of the beneficiary of the trust. 13 (2) In this section: 14 special disability trust--see the Social Security Act 1991 (Cwlth), 15 section 1209L. Revenue Legislation Amendment Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 5 1 Part 3 Payroll Tax Act 1987 2 5 Legislation amended--pt 3 3 This part amends the Payroll Tax Act 1987. 4 6 Exempt wages 5 New section 2F (1) (aa) 6 insert 7 (aa) wages paid or payable in relation to any period when an 8 employee takes part in activities under the Emergencies 9 Act 2004 as-- 10 (i) a volunteer member of the rural fire service; or 11 (ii) a volunteer member of the SES; or 12 (iii) a volunteer member of a community fire unit; or 13 (iv) a casual volunteer; or 14 (v) an emergency services support volunteer; 15 7 Section 2F (2) and note 16 substitute 17 (2) However, wages mentioned in subsection (1) (aa) that are paid or 18 payable as annual leave, long service leave or sick leave are not 19 exempt wages. 20 (3) A declaration is a disallowable instrument. 21 Note A disallowable instrument must be notified, and presented to the 22 Legislative Assembly, under the Legislation Act. page 4 Revenue Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 8 1 8 Dictionary, note 2 2 insert 3 · rural fire service 4 · SES Revenue Legislation Amendment Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 9 1 Part 4 Rates Act 2004 2 9 Legislation amended--pt 4 3 This part amends the Rates Act 2004. 4 10 Definitions for pt 7 5 Section 45, definition of eligible person, new 6 paragraph (d) 7 insert 8 (d) a special disability trust. 9 11 Section 45, definition of owner, new paragraph (a) (ia) 10 insert 11 (ia) for a parcel held under a lease in trust for the beneficiary 12 of a special disability trust--the special disability trust; or 13 12 Section 45, new definition of special disability trust 14 insert 15 special disability trust--see the Social Security Act 1991 (Cwlth), 16 section 1209L. 17 13 Determination for deferral of rates on application 18 New section 46 (2) (aa) 19 insert 20 (aa) that the owner is a special disability trust; or page 6 Revenue Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 14 1 14 New section 46 (8) 2 insert 3 (8) In subsection (5), the reference to an applicant is, if the applicant is 4 a special disability trust, a reference to the trust beneficiary. 5 15 Determination for deferral of rates without application 6 New section 47 (4A) 7 insert 8 (4A) If the owner of the parcel of land is a special disability trust-- 9 (a) a reference to the owner (first and second occurring) in 10 subsection (4) (b) is taken to be a reference to the trust 11 beneficiary; and 12 (b) a reference to the owner in subsection (4) (b) (ii) is taken to be 13 a reference to the trust. 14 16 Rebate of rates--capped 15 New section 64 (4A) 16 insert 17 (4A) In subsection (2), if the person is a special disability trust, the 18 condition in subsection (2) (b) will be satisfied if the parcel is the 19 trust beneficiary's principal place of residence for all or part of the 20 year. 21 17 Change in circumstances 22 Section 67 (1A) 23 insert 24 (1A) This section also applies to a special disability trust if-- 25 (a) the trust stops being the owner of the trust beneficiary's 26 principal place of residence; or 27 (b) the trust beneficiary's principal place of residence changes. Revenue Legislation Amendment Bill 2010 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 page 8 Revenue Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au