Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Debits Tax Repeal Bill 2005
Queensland
Debits Tax Repeal Bill 2005
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Repeal of Debits Tax Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Saving provision for pre-repeal debits . . . . . . . . . . . . . . . . . . . . . 4
6 Commissioner's power to delegate for administration of
repealed Act ................................. 5
7 Validation and continuation of particular delegations . . . . . . . . . . 5
8 Consequential amendment of Freedom of Information Act 1992 . 6
2005
A Bill
for
An Act to repeal the Debits Tax Act 1990, and for related
matters
s1 4 s5
Debits Tax Repeal Bill 2005
The Parliament of Queensland enacts-- 1
1 Short title 2
This Act may be cited as the Debits Tax Repeal Act 2005. 3
2 Commencement 4
This Act commences on 1 July 2005. 5
3 Interpretation 6
(1) In this Act-- 7
pre-repeal debit means a debit made to an account before 8
1 July 2005. 9
(2) If the context permits, a term used in this Act and defined in 10
the repealed Debits Tax Act 1990 or the applied provisions has 11
the meaning given under that Act or the applied provisions. 12
4 Repeal of Debits Tax Act 1990 13
The Debits Tax Act 1990 No. 97 is repealed. 14
5 Saving provision for pre-repeal debits 15
The repealed Debits Tax Act 1990 continues to apply for 16
rights, privileges and liabilities that would have been 17
acquired, accrued or incurred on or after 1 July 2005 in 18
relation to a pre-repeal debit if that Act had not been repealed. 19
20
Examples of how the repealed Debits Tax Act 1990 continues to apply
21
under this section--
22
· a person may be required to lodge a return or pay tax, including
23
additional tax, on or after 1 July 2005 in relation to a pre-repeal
24
debit
25
· a financial institution may recover from an account holder tax paid
26
on or after 1 July 2005 in relation to a pre-repeal debit
s6 5 s7
Debits Tax Repeal Bill 2005
1
· a person may apply, on or after 1 July 2005, for a certificate of
2
exemption, or an account certificate, for an account or class of
3
accounts to which a pre-repeal debit was made
4
· a person may seek a refund of tax paid on or after 1 July 2005 in
5
relation to a pre-repeal debit
6
· a financial institution may ask the commissioner to make an
7
assessment in relation to a return lodged on or after 1 July 2005 for
8
a pre-repeal debit
9
· a person may lodge an objection, or request that a decision on the
10
objection be referred to the Supreme Court, in relation to a decision
11
or assessment made on or after 1 July 2005 in relation to a
12
pre-repeal debit
6 Commissioner's power to delegate for administration of 13
repealed Act 14
(1) For the purposes of administering the repealed Act in relation 15
to pre-repeal debits, the commissioner may delegate the 16
commissioner's powers under the repealed Act to a person 17
engaged in the administration of the repealed Act. 18
(2) In this section-- 19
repealed Act means the repealed Debits Tax Act 1990 as in 20
force from time to time before its repeal under section 4. 21
7 Validation and continuation of particular delegations 22
(1) A delegation made by the commissioner under the repealed 23
Act and in force immediately before 1 March 2002 is taken to 24
have continued in force from 1 March 2002. 25
(2) A delegation, or an amendment of a delegation mentioned in 26
subsection (1), purportedly made by the commissioner on or 27
after 1 March 2002 but before 1 July 2005 for the purposes of 28
the repealed Act is taken to have been validly made. 29
(3) Subsections (1) and (2) apply despite the repeal on 1 March 30
2002 of schedule 2, section 5 (to the extent it substituted 31
section 4A for section 4 of the Commonwealth Act) of the 32
repealed Act.1 33
1 See the Taxation Administration Act 2001, section 164 (Acts amended)
s8 6 s8
Debits Tax Repeal Bill 2005
(4) If a delegation mentioned in subsection (1) or (2) is in force 1
on 30 June 2005, it continues in force to the extent necessary 2
for the repealed Act to be administered in relation to 3
pre-repeal debits. 4
(5) However, the commissioner may revoke a delegation 5
mentioned in subsection (1) or (2). 6
(6) In this section-- 7
repealed Act means the repealed Debits Tax Act 1990 as in 8
force from time to time before its repeal under section 4. 9
8 Consequential amendment of Freedom of Information Act 10
1992 11
(1) This section amends the Freedom of Information Act 1992. 12
(2) Schedule 1, entry for Debits Tax Act 1990, section 8, after 13
`(Cwlth)'-- 14
insert-- 15
`because of the Debits Tax Repeal Act 2005, section 5 '. 2
16
© State of Queensland 2005
2 Debits Tax Repeal Act 2005, section 5 (Saving provision for pre-repeal debits)
[Index] [Search] [Download] [Related Items] [Help]