Commonwealth Consolidated Acts

QANTAS SALE ACT 1992 - SECT 40

             (1)  No tax is payable under a law of a State or Territory in respect of:

                     (a)  an exempt matter; or

                     (b)  anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.

             (2)  An authorised person may in writing certify that:

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

                     (b)  a specified thing was done (including a transaction entered into, or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter.

             (3)  For all purposes and in all proceedings, a certificate under subsection (2) is conclusive evidence of the matter certified, except to the extent to which the contrary is established.

             (4)  In this section:

"authorised person" means:

                     (a)  the Minister; or

                     (b)  the Secretary to the Department of Finance; or

                     (c)  an SES employee, or acting SES employee, in the Department.

"exempt matter" means:

                     (a)  the issue or allotment of shares by Qantas to the Commonwealth or another person on or before the 100% sale day; or

                     (b)  an agreement relating to the sale, issue or allotment of shares in Qantas between the Commonwealth and another person; or

                     (c)  the transfer of shares in Qantas by the Commonwealth or a nominee of the Commonwealth to another person; or

                     (d)  an agreement between the Commonwealth and another person relating to the assumption by a person (including the Commonwealth) of a liability of Qantas or a Qantas subsidiary as a consequence of the sale of shares in Qantas; or

                     (e)  the receipt of money by the Commonwealth, Qantas or a person acting on behalf of the Commonwealth or Qantas from persons who are buying or subscribing for shares in Qantas on or before the 100% sale day; or

                      (f)  an agreement into which the Commonwealth enters under Part 4; or

                     (g)  the issue or allotment of shares by Qantas to the Commonwealth or another person to give effect to an agreement referred to in paragraph (b) or (f) on or before the 100% sale day; or

                     (h)  the release of a security referred to in subsection 16(2); or

                      (i)  the operation of this Act.

"tax" means:

                     (a)  stamp duty; and

                     (b)  any other tax, fee (other than a fee payable under the Corporations Act 2001 ), duty, levy or charge;

but does not include a tax, fee (other than a fee payable under the Corporations Act 2001 ), duty, levy or charge specified in a notice signed by the Minister for Finance and published in the Gazette .