Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMMONWEALTH BANK SALE ACT 1995 - SECT 20

Exemption from certain State and Territory taxes

             (1)  No tax is payable under a law of a State or Territory in respect of an exempt matter or anything connected with an exempt matter.

             (2)  An authorised person may, by signed writing, certify that:

                     (a)  a specified matter or thing is an exempt matter; or

                     (b)  a specified thing was done in connection with a specified exempt matter.

             (3)  For all purposes and in all proceedings, a certificate under subsection (2) is evidence of the matter stated in the certificate.

             (4)  A document that appears to be a certificate under subsection (2) is taken to be such a certificate and to have been properly given unless the contrary is established.

             (5)  In this section:

"authorised person" means:

                     (a)  the Minister; or

                     (b)  the Secretary of the Department; or

                     (c)  a person who:

                              (i)  is an SES employee, or acting SES employee, in the Department; and

                             (ii)  is authorised in writing by the Secretary of the Department for the purposes of this section.

"exempt matter " means any of the following:

                     (a)  the sale by the Commonwealth of any of its shares in the Commonwealth Bank (other than a sale of those shares to the Commonwealth Bank);

                     (b)  an agreement relating to a sale that is covered by paragraph (a);

                     (c)  the transfer of any of the Commonwealth's shares in the Commonwealth Bank to a person other than the Commonwealth Bank;

                     (d)  the receipt of money by the Commonwealth in respect of a sale that is covered by paragraph (a).

"tax " means stamp duty, or any other tax, fee, duty, levy or charge, but does not include:

                     (a)  a fee payable under the Corporations Law of a State or Territory; or

                     (b)  a tax, fee, duty, levy or charge specified in a notice signed by the Minister and published in the Gazette .




AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback