New South Wales Consolidated Acts

SNOWY HYDRO CORPORATISATION ACT 1997 - SECT 46

46 Exemption from State taxation

(1) In this section:
"exempt matter" means:

(a) the issue or transfer of shares in the Snowy Hydro Company to the Commonwealth or to the State of New South Wales or Victoria (or to any person acting on behalf of the Commonwealth or any such State), or

(b) the operation of the provisions of this Act, the Commonwealth Corporatisation Act and the Victorian Corporatisation Act relating to the transfer of assets and liabilities to the Snowy Hydro Company or TransGrid, or

(c) an agreement referred to in section 45 or any agreement under the Commonwealth or Victorian Corporatisation Act to which the Commonwealth or the State of Victoria is a party, or

(d) a debt of the Snowy Hydro Company to the Commonwealth at the corporatisation date (including the refinancing of such a debt), or

(e) giving effect to any of the above.

"State tax" means stamp duty and any other tax, duty, fee, levy or charge payable under the law of New South Wales.

(2) State tax is not payable in relation to:

(a) an exempt matter, or

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

(3) The Treasurer, or a person authorised by the Treasurer, may, in writing, certify whether:

(a) a particular matter or thing is an exempt matter, or

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

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

(5) Unless the contrary is proved, a document purporting to be a certificate under subsection (3) is taken to be such a certificate and to have been duly signed.