Commonwealth Consolidated ActsAct No. 114 of 1987 as amended
This compilation was prepared on 3 January 2007
taking into account amendments up to Act No. 160 of 2006
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that
have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney‑General's Department, Canberra
Contents
1............ Short title [see Note 1]....................................................................... 1
2............ Commencement [see Note 1].............................................................. 1
3............ Interpretation...................................................................................... 1
4............ Application of Act............................................................................. 1
5............ Imposition of levy.............................................................................. 1
6............ Rate of levy........................................................................................ 2
7............ By whom levy payable...................................................................... 2
8............ Regulations......................................................................................... 2
Schedule--Bodies liable to pay levy 3
Notes 5
Notes to
the
Commonwealth Borrowing Levy Act 1987 Note 1 The Commonwealth Borrowing Levy Act 1987 as shown in
this
compilation comprises Act No. 114,
1987 amended as indicated in the Tables below. The Commonwealth Borrowing Levy Act 1987 was affected
by section 52 of the CSL Sale Act 1993. For application, saving or transitional provisions made by the
Corporations (Repeals, Consequentials and Transitionals) Act 2001, see
Act No. 55, 2001. All relevant information pertaining to application, saving or
transitional provisions prior to 21 November 1997 is not included in this
compilation. For subsequent information see
Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
114, 1987 |
2 Dec 1987 |
2 Dec 1987 |
|
|
|
22, 1988 |
11 May 1988 |
30 Apr 1988 (see s. 2 and Gazette 1988, No. S117 ) |
-- |
|
|
121, 1988 |
14 Dec 1988 |
Ss. 5, 6, 10, 12, 13, 23(2) and 26(1): 1 Jan 1989 (see Gazette 1988, No. S402) |
-- |
|
|
126, 1988 |
14 Dec 1988 |
Ss. 4, 5, 9-11, 21(2) and 22(1): |
-- |
|
|
ANL (Conversion into Public Company) Act 1988 |
127, 1988 |
14 Dec 1988 |
S. 11: 1 July 1989 (see Gazette 1989, No. S210) (a) |
-- |
|
OTC (Conversion into Public Company) Act 1988 |
129, 1988 |
14 Dec 1988 |
Ss. 7(2), 8(2), 9, 11-22 and 25: |
-- |
|
Snowy Mountains Engineering Corporation (Conversion into Public Company) Act 1989 |
66, 1989 |
19 June 1989 |
Ss. 4, 6(1), 7(1), |
-- |
|
128, 1989 |
7 Nov 1989 |
S. 4(a) and (d): |
-- |
|
|
Commonwealth Serum Laboratories (Conversion into Public Company) Act 1990 |
77, 1990 |
22 Oct 1990 |
S. 17: 1 Apr 1991 (see Gazette 1991, No. S75) (d) |
-- |
|
145, 1991 |
21 Oct 1991 |
Part 3 (ss. 8-12): |
-- |
|
|
Snowy Mountains Engineering Corporation Limited Sale Act 1993 |
54, 1993 |
27 Oct 1993 |
S. 44: (e) |
S. 42 |
|
88, 1993 |
30 Nov 1993 |
Part 1 (ss. 1-4), |
S. 52 |
|
|
64, 1994 |
30 May 1994 |
S. 3(3): Royal Assent (g) |
-- |
|
|
144, 1994 |
8 Dec 1994 |
Part 1 (ss. 1-6), |
S. 20 |
|
|
82, 1995 |
30 June 1995 |
S. 5: 6 July 1995 (see Gazette 1995, No. S270) (i) |
-- |
|
|
136, 1995 |
5 Dec 1995 |
(j) |
-- |
|
|
Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996 |
14, 1996 |
24 June 1996 |
S. 36: Royal Assent (k) |
-- |
|
96, 1997 |
30 June 1997 |
Schedule 4 (item 2): Royal Assent (l) |
-- |
|
|
Health Insurance Commission (Reform and Separation of Functions) Act 1997 |
159, 1997 |
11 Nov 1997 |
Schedule 1 (item 38): 1 Mar 1998 (see Gazette 1998, No. GN9) (m) |
-- |
|
Snowy Hydro Corporatisation (Consequential Amendments) Act 1997 |
177, 1997 |
21 Nov 1997 |
28 June 2002 (see s. 2 and Gazette 2002, No. 216) |
-- |
|
53, 1999 |
5 July 1999 |
5 July 1999 |
Sch. 1 (item 2) [see Table A] |
|
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001 |
55, 2001 |
28 June 2001 |
Ss. 4-14 and Schedule 3 (item 124): 15 July 2001 (see Gazette 2001, No. S285) (n) |
Ss. 4-14 [see Note 1] |
|
56, 2006 |
21 June 2006 |
Schedule 3 (item 1): 1 July 2006 |
-- |
|
|
160, 2006 |
11 Dec 2006 |
Schedule 3 (items 1, 2): [see Note 2 and Table A] |
Sch. 3 (item 2) [see Table A] |
(a) The Commonwealth Borrowing Levy Act 1987 was amended by section 11 only of the ANL (Conversion into Public Company) Act 1988, subsection 2(3) of which provides as follows:
(3) Section 6, subsection 7(2) and sections 9 and 11 commence on a day to be fixed by Proclamation.
(b) Subsection 2(4) of the OTC (Conversion into Public Company) Act 1988 provides as follows:
(4) Subsection 8(3) commences immediately after the commencement of section 11.
Section 11 commenced on 1 April 1989 (see Gazette 1989, No. S92).
(c) Subsection 2(6) of the Snowy Mountains Engineering Corporation (Conversion into Public Company) Act 1989 provides as follows:
(6) Subsection 7(2) commences immediately after section 12.
Section 12 commenced on 1 July 1989 (see Gazette 1989, No. S223).
(d) The Commonwealth Borrowing Levy Act 1987 was amended by section 17 only of the Commonwealth Serum Laboratories (Conversion into Public Company) Act 1990, subsection 2(5) of which provides as follows:
(5) Subject to subsection (6), sections 6, 10, 13 and 17 commence on a day to be fixed by Proclamation for the purposes of this subsection.
(e) The Commonwealth Borrowing Levy Act 1987 was amended by section 44 only of the Snowy Mountains Engineering Corporation Limited Sale Act 1993, subsection 2(2) of which provides as follows:
(2) Sections 5 to 36 (inclusive) and 39 to 44 (inclusive) commence on the sale day.
The sale day was 9 November 1993 (see Gazette 1994, No. S334).
(f) Subsection 2(2) of the CSL Sale Act 1993 provides as follows:
(2) Sections 8 to 46 (inclusive) and sections 48 to 53 (inclusive) commence on the sale day.
The sale day was 3 June 1994 (see Gazette 1994, No. S209).
(g) The Commonwealth Borrowing Levy Act 1987 was amended by subsection 3(3) only of the Transport and Communications Legislation Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(h) Subsection 2(2) of the AeroSpace Technologies of Australia Limited Sale Act 1994 provides as follows:
(2) The remaining provisions of this Act commence on the ASTA sale day.
The ASTA sale day was 27 June 1995 (see Gazette 1995, No. S271).
(i) The Commonwealth Borrowing Levy Act 1987 was amended by section 5 only of the Civil Aviation Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on:
(a) a day to be fixed by Proclamation; or
(b) the first day after the end of the period of 6 months beginning on the day on which this Act receives the Royal Assent;
whichever is earlier.
(j) The ANL Sale Act 1995 was repealed by section 79 of that Act before coming into operation.
(k) The Commonwealth Borrowing Levy Act 1987 was amended by section 36 of the Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996, subsection 2(1) of which provides as follows:
(1) Parts 1 to 5 commence on the day on which this Act receives the Royal Assent.
Section 36 provides that on the transfer day the schedule to the Commonwealth Borrowing Levy Act is amended.
The Transfer Day was 12 December 1997 (see Gazette 1997, No. S512).
(l) The Commonwealth Borrowing Levy Act 1987 was amended by Schedule 4 (item 2) only of the Australian National Railways Commission Sale Act 1997, subsection 2(4) of which provides as follows:
(4) Item 2 of Schedule 4 commences on the day on which it receives the Royal Assent.
(m) The Commonwealth Borrowing Levy Act 1987 was amended by Schedule 1 (item 38) only of the Health Insurance Commission (Reform and Separation of Functions) Act 1997, subsection 2(2) of which provides as follows:
(2) Subject to subsection (3), Part 2 of Schedule 1 to this Act commences on the fund‑transfer day.
(n) The Commonwealth Borrowing Levy Act 1987 was amended by Schedule 3 (item 124) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
S. 3...................................... |
am. No. 128, 1989; No. 55, 2001 |
|
Schedule............................. |
am. Nos. 22, 121, 126, 127 and 129, 1988; Nos. 66 and 128, 1989; No. 77, 1990; No. 145, 1991; Nos. 54 and 88, 1993; Nos. 64 and 144, 1994; No. 82, 1995; No. 14, 1996; Nos. 96, 159 and 177, 1997; No. 53, 1999; No. 56, 2006 |
Note 2
Medibank Private Sale Act 2006 (No. 160, 2006)
The following amendment commences on the designated sale day declared under section 3:
Schedule 3
1 Item 15 of the Schedule
Repeal the item.
As at 3 January 2007 the amendment is not incorporated in this compilation.
Table A
Application, saving or transitional provisions
Telstra (Further Dilution of Public Ownership) Act 1999 (No. 53, 1999)
Schedule 1
2 Transitional
(1) Subject to subitem (2), Telstra is not liable after the commencement of this item to pay an amount of levy imposed by the Commonwealth Borrowing Levy Act 1987 on a borrowing undertaken before that commencement.
(2) Subitem (1) does not apply in relation to an amount of levy that was paid or payable before the commencement of this item.
Medibank Private Sale Act 2006 (No. 160, 2006)
The following provision commences on the designated sale day declared under section 3:
Schedule 3
2 Transitional--levy imposed by the Commonwealth Borrowing Levy Act 1987
(1) Subject to subitem (2), Medibank Private Limited is not liable after the commencement of this item to pay an amount of levy imposed by the Commonwealth Borrowing Levy Act 1987 on a borrowing undertaken before that commencement.
(2) Subitem (1) does not apply in relation to an amount of levy that was paid or payable before the commencement of this item.