Northern Territory Numbered Acts

TREASURY LEGISLATION AND CONSEQUENTIAL AMENDMENT ACT 2006 (NO 19 OF 2006)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  

   PART 2--AMENDMENTS ABOUT FIRST HOME OWNER GRANTS AND CONCESSIONS AND PRINCIPAL PLACE OF RESIDENCE REBATES

           Division 1 -- First Home Owner Grant Act

   3.      Act amended  
   4.      Amendment of section 11 (Criterion 4 – Applicant (or applicant's spouse or de facto partner) must not have had relevant interest in residential property)  

           Division 2 -- Stamp Duty Act

   5.      Act amended  
   6.      Amendment of section 8B (Concession for first home owners)  
   7.      Amendment of section 8C (Rebate for principal place of residence)  

   PART 3--FURTHER AMENDMENTS ABOUT FIRST HOME OWNER GRANTS AND CONCESSIONS AND PRINCIPAL PLACE OF RESIDENCE REBATES

           Division 1 -- First Home Owner Grant Act

   8.      Act amended  
   9.      Amendment of section 6 (Spouses and de facto partners)  
   10.     Amendment of section 9 (Criterion 2 – Applicant to be Australian citizen or permanent resident)  
   11.     Amendment of section 11 (Criterion 4 – Applicant (or applicant's spouse or de facto partner) must not have had relevant interest in residential property)  
   12.     Amendment of section 12 (Criterion 5 – Residence requirements)  
   13.     New section 40A  
   14.     Amendment of section 41 (Power to recover amount paid in error etc.)  
   15.     Amendment of section 43 (Confidentiality)  

           Division 2 -- Stamp Duty Act

   16.     Act amended  
   17.     Amendment of section 8B (Concession for first home owners)  
   18.     Amendment of section 8C (Rebate for principal place of residence)  

   PART 4--AMENDMENTS ABOUT ABOLITION OF DUTY ON MARKETABLE SECURITIES

           Division 1 -- Taxation (Administration) Act

   19.     Act amended  
   20.     Amendment of section 4 (Interpretation)  
   21.     Amendment of section 19 (Exemption: interposing new corporation between existing corporation and its shareholders)  
   22.     Amendment of section 20 (Exemption: conveyances and transfers between group corporations)  
   23.     Repeal of section 22  
   24.     Repeal of Part III, Division 11  
   25.     Amendment of section 83A (Application)  
   26.     Amendment of section 83B (Payment of duty on statements in absence of dutiable instrument)  
   27.     Further amendments  

           Division 2 -- Taxation (Administration) Regulations

   28.     Regulations amended  
   29.     Amendment of regulation 11 (Recognised financial markets)  

           Division 3 -- Stamp Duty Act

   30.     Act amended  
   31.     Amendment of section 8H (Meaning of "managed investment scheme conveyance")  
   32.     Amendment of Schedule 1  
   33.     Amendment of Schedule 2  

   PART 5--AMENDMENTS ABOUT LIABILITY TO DUTY FOR LEASES

           Division 1 -- Taxation (Administration) Act

   34.     Act amended  
   35.     Amendment of section 4 (Interpretation)  
   36.     Amendment of section 4C (Duty assessable on certain franchise arrangements as if conveyance of dutiable property)  
   37.     Amendment of section 9BA (Apportioning dutiable property in or related to Territory)  
   38.     Amendment of section 9BB (Apportioning certain dutiable property where business in Territory and elsewhere)  
   39.     Repeal of sections 9BC, 53, 54, 55, 55AA and 56  
   40.     Amendment of section 56B (Extension of time to apply for a refund)  
   41.     New Part XI  

           Division 2 -- Stamp Duty Act

   42.     Act amended  
   43.     Amendment of Schedule 1  

           Division 3 -- Land Title Act

   44.     Act amended  
   45.     Amendment of section 66 (Requirements of instrument of lease)  

   PART 6--AMENDMENTS ABOUT LAND-HOLDING CORPORATIONS

   46.     Act amended  
   47.     Amendment of section 4 (Interpretation)  
   48.     Amendment of section 4A (Unencumbered value – arrangements to affect stamp duty)  
   49.     Repeal and substitution of Part III, Division 8A heading  
   50.     Amendment of section 56C (Interpretation)  
   51.     New section 56CA  
   52.     Amendment of section 56D (Lodgement of statements by trustees)  
   53.     Amendment of section 56F (Notice may be registered on title)  
   54.     Amendment of section 56K (When statement to be lodged)  
   55.     Amendment of section 56M (Statement chargeable with duty)  
   56.     Repeal and substitution of section 56N  
   57.     Amendment of section 56P (Meaning of relevant acquisition)  
   58.     Amendment of section 56Q (Interest and significant interest in corporation)  
   59.     Amendment of section 56R (How dutiable value determined)  
   60.     Amendment of section 56S (Liability for duty)  
   61.     Repeal and substitution of section 56T  
   62.     Amendment of section 123A (Regulatory offences)  
   63.     New Part XI, Division 3  

   PART 7--MISCELLANEOUS AMENDMENTS ABOUT DUTIABLE PROPERTY, ASSESSMENTS AND RECOVERY OF DUTY AND PENALTIES

           Division 1 -- Taxation (Administration) Act

   64.     Act amended  
   65.     Amendment of section 4 (Interpretation)  
   66.     New section 4AB  
   67.     New section 4D  
   68.     Amendment of section 10 (Evasion of duty)  
   69.     Amendment of section 56A (Refund or remission of duty if transaction does not proceed etc.)  
   70.     Amendment of section 83A (Application)  
   71.     Amendment of section 87 (Failure to comply with requirements for further information etc.)  
   72.     Amendment of section 88 (False or misleading returns)  
   73.     Amendment of section 89 (False or misleading declarations)  
   74.     Repeal of section 91  
   75.     Amendment of section 97 (Amended assessments generally)  
   76.     Amendment of section 108 (Recovery of additional penalty)  
   77.     New sections 142 and 143  

           Division 2 -- Stamp Duty Act

   78.     Act amended  
   79.     Amendment of Schedule 2  

   PART 8--AMENDMENTS ABOUT ABOLITION OF ADHESIVE STAMPS

           Division 1 -- Taxation (Administration) Act

   80.     Act amended  
   81.     Amendment of section 4 (Interpretation)  
   82.     Amendment of section 8 (Duty stamps)  
   83.     Amendment of section 9 (When instruments lodged and duty payable)  
   84.     Amendment of section 11 (Duty or tax denoted by impressed stamp)  
   85.     Amendment of section 12 (Fraudulent actions relating to stamps)  
   86.     Repeal and substitution of section 13  
   87.     Repeal of section 14  

           Division 2 -- Stamp Duty Act

   88.     Act amended  
   89.     Amendment of section 8 (Waiver of payment of small amounts)  

   PART 9--AMENDMENTS ABOUT OBJECTIONS, APPEALS AND OTHER PROCEEDINGS

           Division 1 -- First Home Owner Grant Act

   90.     Act amended  
   91.     Amendment of section 24 (Objections)  
   92.     Repeal and substitution of sections 26 and 27  
   93.     New Part 5  

           Division 2 -- Taxation (Administration) Act

   94.     Act amended  
   95.     Amendment of section 100 (Definitions)  
   96.     Amendment of section 105B (How to commence an appeal)  
   97.     Amendment of section 105C (Notice of Appeal)  
   98.     Amendment of section 105D (Appeal commenced out of time)  
   99.     Amendment of section 105E (Response of decision maker to notice of appeal)  
   100.    Amendment of section 105G (Appeal to Supreme Court on question of law)  
   101.    Amendment of section 105H (Referral to Supreme Court)  
   102.    Amendment of section 105S (Certain decisions final)  
   103.    Amendment of section 105T (Establishment and jurisdiction)  
   104.    New Part VII heading  
   105.    Amendment of section 112 (Evidence in proceeding)  
   106.    Repeal of Part VII heading  

           Division 3 -- Taxation and Royalty Appeals Tribunal Rules

   107.    Rules amended  
   108.    Amendment of rule 2 (Definitions)  
   109.    Amendment of Schedule 1  

   PART 10--AMENDMENT OF PAY-ROLL TAX ACT

   110.    Act amended  
   111.    Amendment of section 3 (Interpretation)  
   112.    Amendment of section 8 (General exemption)  
   113.    Amendment of section 10A (Annual adjustments)  
   114.    Amendment of section 11 (Adjustment if employer ceases to pay taxable wages or joins group)  
   115.    Amendment of section 12 (Registration)  
   116.    Amendment of section 17K (Annual adjustments)  
   117.    Amendment of section 17L (Adjustment if group member ceases to pay taxable wages or interstate wages)  
   118.    Amendment of section 33 (Evidence)  
   119.    New section 34  

   PART 11--AMENDMENT OF MINERAL ROYALTY ACT

   120.    Act amended  
   121.    Amendment of section 4 (Definitions)  
   122.    New section 49AA  
   123.    New Part VII  
           SCHEDULE