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Queensland
REVENUE AND OTHER
LEGISLATION
AMENDMENT BILL 1998
Queensland
REVENUE AND OTHER LEGISLATION
AMENDMENT BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF DEBITS TAX ACT 1990
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Amendment of s 6 (Accounts kept outside Queensland) . . . . . . . . . . . . . . . 7
6 Replacement of sch 2 (Modifications of Commonwealth Act) . . . . . . . . . . 7
SCHEDULE 2
MODIFICATIONS OF COMMONWEALTH ACT
PART 3--AMENDMENT OF FUEL SUBSIDY ACT 1997
7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8 Amendment of s 14 (Sales of diesel to licensed off-road diesel
consumers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Amendment of s 19 (Non-licensed use by licensed off-road diesel
consumers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Amendment of s 27 (Conditions of licence) . . . . . . . . . . . . . . . . . . . . . . . . . 17
11 Amendment of s 34 (Return of cancelled off-road diesel
consumer's licence to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
36A When licensee taken not to have contravened licence condition . . 17
13 Amendment of s 63 (Return of cancelled retailer's licence to
commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2
Revenue and Other Legislation Amendment
14 Replacement of s 98 (Return of cancelled bulk end user's
licence to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
98 Return of cancelled bulk end user's licence to commissioner . . . . . 18
15 Amendment of s 103 (Returns by licensed bulk end users) . . . . . . . . . . . . . 18
16 Amendment of s 104 (Records of sales to be kept) . . . . . . . . . . . . . . . . . . . 19
17 Amendment of s 108 (Implied terms of contract for sale of fuel
by manufacturer or importer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
18 Amendment of ch 8, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 5--SPECIAL TRANSITIONAL PROVISIONS FOR
REVENUE AND OTHER LEGISLATION AMENDMENT ACT 1998
210 Transitional provisions about returns by licensed bulk end users . . 20
211 Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Amendment of sch 1 (Decisions subject to review and appeal) . . . . . . . . . 20
20 Replacement of sch 2 (Fuel) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
SCHEDULE 2
FUEL
PART 4--AMENDMENT OF LAND TAX ACT 1915
21 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Insertion of new s 4AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
4AB Commissioner may ask police to help . . . . . . . . . . . . . . . . . . . . . . . . 24
23 Amendment of s 16 (Taxpayer to furnish returns) . . . . . . . . . . . . . . . . . . . . . 24
24 Amendment of s 18 (Assessments, assessment registers, and notice) . . . . 24
25 Amendment of s 20 (Alterations of assessments) . . . . . . . . . . . . . . . . . . . . . 25
26 Insertion of new ss 20A and 20B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
20A Alteration of assessments--during appeal . . . . . . . . . . . . . . . . . . . . . 25
20B Process of altering assessment during appeal . . . . . . . . . . . . . . . . . . 25
27 Insertion of new pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 4A--OBJECTIONS
26D Taxpayer may object to assessment . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26E Commissioner must consider objection . . . . . . . . . . . . . . . . . . . . . . . 26
26F Commissioner must alter assessment if objection allowed . . . . . . . 27
26G Taxpayer may appeal the commissioner's decision . . . . . . . . . . . . . 27
28 Amendment of s 27 (Appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3
Revenue and Other Legislation Amendment
29 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
27A Time for making an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
30 Insertion of new ss 58A and 58B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
58A Signature of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
58B Commissioner's certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
31 Amendment of s 61 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . . 29
PART 5--AMENDMENT OF PAY-ROLL TAX ACT 1971
32 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
33 Insertion of new ss 46A46C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46A Affidavit evidence in proceedings for recovery of tax . . . . . . . . . . . 29
46B Signature of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46C Commissioner's certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
34 Amendment of s 51 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 6--AMENDMENT OF STAMP ACT 1894
35 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
36 Amendment of s 29A (Restriction on entry to investigate) . . . . . . . . . . . . . 31
37 Insertion of new s 31AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
31AB Transfer to company of shares bought back by company is
dutiable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
38 Amendment of s 31H (Duty on transactions on registers of
Queensland incorporated companies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
39 Amendment of s 35A (Persons carrying on credit or rental
business to be registered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
40 Insertion of new s 35AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
35AA Certificates of registration of persons carrying on credit or
rental business in Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
41 Amendment of s 35B (Statements to be lodged by required
persons with the commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
42 Amendment of s 35E (As to transactions with unregistered persons) . . . . . 34
43 Amendment of s 46C (Insurance with no executed policy) . . . . . . . . . . . . . 34
44 Amendment of s 54 (Certain contracts to be chargeable as
conveyances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
45 Amendment of s 56B (Unit trust schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . 35
46 Amendment of s 83 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4
Revenue and Other Legislation Amendment
47 Insertion of new ss 88 and 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
88 Duty not payable on Suncorp Metway notes . . . . . . . . . . . . . . . . . . . 36
89 Validation of certain exemptions from duty for
applications involving registration of motor vehicles . . . . . . . . . . . . 37
48 Amendment of sch 1 (Stamp duties on instruments) . . . . . . . . . . . . . . . . . . 37
PART 7--MINOR AMENDMENTS OF ACTS
49 Acts amended--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 39
MINOR AMENDMENTS OF ACTS
LAND TAX ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
REVENUE LAWS (RECIPROCAL POWERS) ACT 1988 . . . . . . . . . . . . 40
1998
A BILL
FOR
An Act to amend certain Acts administered by the Treasurer
s1 6 s3
Revenue and Other Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Revenue and Other Legislation 4
Amendment Act 1998. 5
6
Commencement
Clause 2.(1) Sections 10, 11, 13, 16, 35, 37, 44, 45 and 47 to 49 commence on 7
assent. 8
(2) Sections 7 to 9 and 12 are taken to have commenced on 10 December 9
1997. 10
(3) Section 17 is taken to have commenced on 22 December 1997. 11
(4) Section 20 is taken to have commenced on 31 January 1998. 12
(5) Sections 14, 15, 18 and 19 are taken to have commenced on 31 July 13
1998. 14
(6) Part 2 commences, or is taken to have commenced, on 1 December 15
1998. 16
(7) The remaining provisions commence on a day to be fixed by 17
proclamation. 18
ART 2--AMENDMENT OF DEBITS TAX ACT 1990 19
P
amended in pt 2 20
Act
Clause 3. This part amends the Debits Tax Act 1990. 21
s4 7 s6
Revenue and Other Legislation Amendment
of s 2 (Definitions) 1
Amendment
Clause 4. Section 2-- 2
insert-- 3
` "ADI" means a body corporate for which an authority under the Banking 4
Act 1959 (Cwlth), section 9(3), is in force. 5
"financial institution" means a financial institution within the meaning of 6
the Cheques Act 1986 (Cwlth).'. 7
of s 6 (Accounts kept outside Queensland) 8
Amendment
Clause 5.(1) Section 6, `building society, credit union or similar body'-- 9
omit, insert-- 10
`financial institution'. 11
(2) Section 6, `the body'-- 12
omit, insert-- 13
`the institution'. 14
(3) Section 6, `a bank'-- 15
omit, insert-- 16
`an ADI'. 17
(4) Section 6, `the bank'-- 18
omit, insert-- 19
`the ADI'. 20
of sch 2 (Modifications of Commonwealth Act) 21
Replacement
Clause 6. Schedule 2-- 22
omit, insert-- 23
s6 8 s6
Revenue and Other Legislation Amendment
`SCHEDULE 2 1
`MODIFICATIONS OF COMMONWEALTH ACT 2
section 8 3
`The Commonwealth Act applies as if-- 4
1. In section 3(1)-- 5
(a) for the definition "account" there were substituted-- 6
` "account" means: 7
(a) a primary account; or 8
(b) a source of funds account; 9
"account certificate" means a certificate under section 11B;'; 10
(b) after the definition "assessment" the following definition were 11
inserted-- 12
` "certificate account" means an account of a class for which an account 13
certificate is in force;'; 14
(c) the definition "bank" were omitted; 15
(d) for the definition "Commissioner" there were substituted-- 16
` "Commissioner" means the commissioner of stamp duties appointed 17
under the Stamp Act 1894;'; 18
(e) for the definition "Deputy Commissioner" there were 19
substituted-- 20
` "Deputy Commissioner" means a deputy commissioner of stamp duties 21
under the Stamp Act 1894;'; 22
(f) in the definition "excluded debit"-- 23
(i) in paragraph (a)(ii)-- 24
(A) for `8(3) and (4), would be entitled to exemption from 25
the tax by virtue of any other law' there were 26
s6 9 s6
Revenue and Other Legislation Amendment
substituted `8(3) and (4) of the Commonwealth Act as 1
in force immediately before the commencement of this 2
Act would have been entitled to exemption from the tax 3
within the meaning of the Commonwealth Act by 4
virtue of any law'; 5
(B) for `Australia' there were substituted `Queensland'; 6
(ii) in paragraph (a)(iii) for `8(3) and (4), would be entitled to 7
exemption from the tax by virtue of any other law' there 8
were substituted `8(3) and (4) of the Commonwealth Act as 9
in force immediately before the commencement of this Act 10
would have been entitled to exemption from the tax within 11
the meaning of the Commonwealth Act by virtue of any 12
law'; 13
(iii) in paragraph (b) for `Australia' (where twice occurring) 14
there were substituted `Queensland' in each case; 15
(g) in the definition "exempt account" for `Australia' there were 16
substituted `Queensland'; 17
(h) for the definition "exempt debit" there were substituted-- 18
` "exempt debit", in relation to an account, means: 19
(a) a debit that is made solely for reversing a credit previously made 20
to the account; or 21
(b) a debit that is made for deducting an amount under 22
subsection 221YHZC(1A) of the Income Tax Assessment 23
Act 1936 (Cwlth); or 24
(c) a debit that is made for recovering from the account holder an 25
amount equal to an amount of tax that the financial institution has 26
paid or is liable to pay; or 27
(d) a debit that is a transfer debit; or 28
(e) if the account is a loan account to which transfer debits may be 29
made (other than a loan account to which payments by a financial 30
institution for cheques drawn on the institution by the account 31
holder, or by any 1 or more of the account holders, may be 32
directly debited)--a debit that is made to the account; or 33
s6 10 s6
Revenue and Other Legislation Amendment
(f) if the account is a certificate account--a debit that is made to the 1
account; or 2
(g) a debit that is included in a kind or class of debits that are 3
prescribed for this paragraph;'; 4
(i) for the definition "financial institution" there were substituted-- 5
` "financial institution" means a financial institution within the meaning 6
of the Cheques Act 1986 (Cwlth);'; 7
(j) the definition "non-bank financial institution" were omitted; 8
(k) in the definition "officer", `Australian' were omitted; 9
(l) after the definition "person" the following definition were 10
inserted-- 11
` "primary account" means an account kept with a financial institution, 12
being an account to which payments by the financial institution for 13
cheques drawn on the financial institution by the account holder, or by 14
any 1 or more of the account holders, may be debited;'; 15
(m) the definition "Second Commissioner" were omitted; 16
(n) before the definition "tax" the following definition were 17
inserted-- 18
` "source of funds account" means an account (other than a primary 19
account) kept with or by a financial institution to which transfer debits 20
may be made;'; 21
(o) for the definition "tax" there were substituted-- 22
` "tax" means tax imposed by the Debits Tax Act 1990, part 2;'; 23
(p) in the definition "taxable account" for `Australia' there were 24
substituted `Queensland'; 25
(q) after the definition "taxable debit" the following definition were 26
inserted-- 27
` "transfer debit" means a debit made by a financial institution to an 28
account kept with or by the financial institution, but only to the extent 29
the debit is made (whether directly or indirectly through 1 or more 30
interposed accounts) for a debit-- 31
s6 11 s6
Revenue and Other Legislation Amendment
(a) made, or to be made, to a primary account kept with the financial 1
institution; and 2
(b) made, or to be made, to satisfy a cheque on the financial 3
institution;'; 4
(r) the definition "Tribunal" were omitted. 5
2. In section 3(2), for `Australia' (wherever occurring) there were 6
substituted `Queensland' in each case. 7
3. In section 3(8), for `Commonwealth' (where twice occurring) there were 8
substituted `State' in each case. 9
4. Section 3(9) were omitted. 10
5. For section 4 there were substituted-- 11
`General administration of Act 12
`4.(1) The commissioner has the general administration of this Act. 13
`(2) Each deputy commissioner has all the powers and functions of the 14
commissioner under this Act. 15
`Delegation of functions 16
`4A. The commissioner may delegate to a person engaged in the 17
administration of this Act any of the commissioner's functions, other than 18
this power of delegation.'. 19
6. In section 7, for `Commonwealth' (wherever occurring) there were 20
substituted `State' in each case. 21
7. In section 7(2), for `$5,000' there were substituted `85 penalty units'. 22
8. In section 7(4)-- 23
(a) `a Second Commissioner,' and `, by a Second Commissioner' 24
were omitted; 25
(b) for `the Tribunal' there were substituted `a Court'. 26
9. In section 7(6), for `Minister' there were substituted `Minister unless the 27
communication is made with the consent (express or implied) of the person 28
to whose affairs the information relates'. 29
10. In section 7(7), `, a Second Commissioner' were omitted. 30
s6 12 s6
Revenue and Other Legislation Amendment
11. In section 9(1)(a), for `8(1)' there were substituted `7(1) of the Debits 1
Tax Act 1990'. 2
12. In section 11(1), for `Australia' there were substituted `Queensland'. 3
13. In section 11A(1), for `$10,000' there were substituted `170 penalty 4
units'. 5
14. In section 11A(2), for `a certificate of exemption' there were substituted 6
`an account certificate or certificate of exemption'. 7
15. After section 11A the following section were inserted in Part III-- 8
`Certificate accounts 9
`11B.(1) A financial institution may make written application to the 10
commissioner for a certificate for a class of accounts-- 11
(a) that are not primary accounts to which payments by the financial 12
institution for cheques drawn on the financial institution by an 13
account holder, or by any 1 or more of the account holders, may 14
be directly debited; and 15
(b) that are kept in Queensland; and 16
(c) to which transfer debits may be made. 17
`(2) The financial institution must give the commissioner the information 18
the commissioner asks for to help the commissioner decide the application. 19
`(3) The commissioner may issue the certificate only if the 20
commissioner is satisfied accounts of the class are not sufficiently 21
connected with any primary account. 22
`(4) In deciding whether or not accounts of the class are sufficiently 23
connected with any primary account, the commissioner must have regard 24
to-- 25
(a) the terms on which the accounts and any primary account to 26
which the accounts may be connected are established; and 27
(b) the circumstances in which transfer debits may be made to the 28
accounts for debits made, or to be made, to a primary account; 29
and 30
(c) the frequency with which transfer debits may be made to the 31
accounts; and 32
s6 13 s6
Revenue and Other Legislation Amendment
(d) any other circumstances the commissioner considers appropriate. 1
`(5) For subsection (4)(b), the circumstances to which the commissioner 2
may have regard include, in particular-- 3
(a) if the primary account is an overdraft account--whether the sole 4
purpose of any transfer debit is to reduce a debit balance in the 5
primary account to an agreed overdraft limit (if the excess of the 6
debit balance over the limit arises inadvertently); and 7
(b) in any other case--whether the sole purpose of any transfer debit 8
is to offset a debit balance in the primary account (if the debit 9
balance arises inadvertently). 10
`(6) An account certificate-- 11
(a) may be issued on conditions the commissioner considers 12
appropriate about the nature of any connection with a primary 13
account; and 14
(b) if issued on conditions--must state the conditions. 15
`(7) If a certificate account ceases to satisfy the conditions of the account 16
certificate, the account ceases to be a certificate account for the period the 17
account does not satisfy the conditions. 18
`(8) An account certificate-- 19
(a) comes into force on the day stated in the certificate (which may be 20
a day before the day on which the certificate is issued); and 21
(b) remains in force until-- 22
(i) the expiry day stated in the certificate; or 23
(ii) if no expiry day is stated--no accounts of the class exist.'. 24
16. In section 12, subsection (2) were omitted. 25
17. In section 12(4), for `8(2)' (where twice occurring) there were 26
substituted `7(2) of the Debits Tax Act 1990' in each case. 27
18. In section 13(1)(b), for `Commonwealth' there were substituted `State'. 28
19. In section 13(5), for `Commonwealth' (where twice occurring) there 29
were substituted `State' in each case. 30
20. In section 14(1)(b), for `Commonwealth' there were substituted `State'. 31
s6 14 s6
Revenue and Other Legislation Amendment
21. In section 17, for subsection (6) there were substituted-- 1
`(6) The Commissioner may, in the Commissioner's discretion, remit 2
the whole or any part of the additional tax payable by a person under this 3
section and may do so before an assessment is made under subsection (4) 4
of the additional tax.'. 5
22. In section 18, for `Commonwealth' (where twice occurring) there were 6
substituted `State' in each case. 7
23. In section 20, the definition `Federal Court' were omitted. 8
24. In section 23, for `either--' to the end thereof there were substituted `a 9
request to refer the decision to the Supreme Court.'. 10
25. In section 25(3), for `Tribunal' there were substituted `Supreme Court'. 11
26. In section 25A(1), for `practicable--' to the end thereof there were 12
substituted `practicable send the application to the Supreme Court.'. 13
27. Section 25A(2) were omitted. 14
28. In section 25A, for subsections (3) and (4) there were substituted-- 15
`(3) The sending of an application to the Supreme Court under 16
subsection (1) constitutes the making by the person concerned of an 17
application to the court to extend the time within which the request 18
concerned may be lodged with the Commissioner. 19
`(4) The court may grant or refuse the application.'. 20
29. Section 25B(2) were omitted. 21
30. In section 25B(3), for `Federal' there were substituted `Supreme'. 22
31. In section 25D, for `a review before the Tribunal or on appeal to a court' 23
there were substituted `appeal to the Supreme Court'. 24
32. In section 25D(a), for `Tribunal or court' there were substituted 25
`Supreme Court'. 26
33. Section 25E were omitted. 27
34. In section 26, for `Federal' there were substituted `Supreme'. 28
35. In section 29A(1), for `Tribunal or of a court' there were substituted 29
`Supreme Court'. 30
s6 15 s6
Revenue and Other Legislation Amendment
36. In section 29A(2)-- 1
(a) for `Tribunal or of the Federal' there were substituted `Supreme'; 2
(b) for `Tribunal, or of the Federal' there were substituted `Supreme'. 3
37. In section 29A(2)(b), for `Federal' there were substituted `Supreme'. 4
38. In section 31(1), for `Tribunal or of a court' there were substituted 5
`Supreme Court'. 6
39. In section 31(1)(c)(ii), for `Commonwealth' there were substituted 7
`State'. 8
40. In section 33, `, a Second Commissioner' (where twice occurring) were 9
omitted. 10
41. In section 34(1), for `Commonwealth' there were substituted `State'. 11
42. In section 37(1), `, a Second Commissioner' (wherever occurring) were 12
omitted. 13
43. In section 37(1)(d), for `Commonwealth' there were substituted `State'. 14
44. In section 56(1), for `1983' there were substituted `1991'. 15
45. In section 57-- 16
(a) for `Australia' (wherever occurring) there were substituted 17
`Queensland' in each case; 18
(b) for `$50'(wherever occurring) there were substituted `1 penalty 19
unit' in each case. 20
46. In section 62-- 21
(a) for `Governor-General' there were substituted `Governor in 22
Council'; 23
(b) for `$500' there were substituted `85 penalty units'.'. 24
s7 16 s9
Revenue and Other Legislation Amendment
PART 3--AMENDMENT OF FUEL SUBSIDY ACT 1
1997 2
amended in pt 3 3
Act
Clause 7. This part amends the Fuel Subsidy Act 1997. 4
of s 14 (Sales of diesel to licensed off-road diesel 5
Amendment
consumers) 6
Clause 8. Section 14(3)(b)-- 7
omit, insert-- 8
`(b) a seller has reason to believe-- 9
(i) a licensed off-road diesel consumer intends to sell the diesel; 10
or 11
(ii) a licensed off-road diesel consumer's intended use of the 12
diesel will make the consumer liable, under section 19, to 13
repay to the commissioner the amount of the subsidy for the 14
diesel; or'. 15
of s 19 (Non-licensed use by licensed off-road diesel 16
Amendment
consumers) 17
Clause 9.(1) Section 19, first subsection-- 18
number as section 19(1). 19
(2) Section 19-- 20
insert-- 21
`(1A) However, this section does not apply to diesel used under 22
subsection (1)(a) if the diesel-- 23
(a) has been delivered in a quantity of not more than 3000 L directly 24
into the vehicle's running tank from a storage tank at the person's 25
fuel subsidy place; and 26
(b) is used for a domestic purpose or a purpose associated with the 27
s 10 17 s 13
Revenue and Other Legislation Amendment
person's business operations for which the person holds an 1
off-road diesel consumer's licence.'. 2
of s 27 (Conditions of licence) 3
Amendment
Clause 10. Section 27(1)(b) and (c), `fuel'-- 4
omit, insert-- 5
`diesel'. 6
of s 34 (Return of cancelled off-road diesel consumer's 7
Amendment
licence to commissioner) 8
Clause 11. Section 34, before `licensee'-- 9
insert-- 10
`former'. 11
of new s 36A 12
Insertion
Clause 12. After section 36-- 13
insert-- 14
licensee taken not to have contravened licence condition 15
`When
`36A. For sections 30(b) and 36, the holder of an off-road diesel 16
consumer's licensee is not taken to have contravened the condition of 17
licence mentioned in section 27(1)(b) if section 19(1A) applies to diesel 18
purchased under the licence.'. 19
of s 63 (Return of cancelled retailer's licence to 20
Amendment
commissioner) 21
Clause 13. Section 63, before `licensee'-- 22
insert-- 23
`former'. 24
s 14 18 s 15
Revenue and Other Legislation Amendment
of s 98 (Return of cancelled bulk end user's licence to 1
Replacement
commissioner) 2
Clause 14. Section 98-- 3
omit, insert-- 4
of cancelled bulk end user's licence to commissioner 5
`Return
`98.(1) This section applies if-- 6
(a) the commissioner has cancelled a bulk end user's licence and 7
given an information notice for the decision to the former 8
licensee; or 9
(b) a bulk end user's licence is automatically cancelled under 10
section 103. 11
`(2) The former licensee must give the licence to the commissioner-- 12
(a) for a cancellation mentioned in subsection (1)(a)--within 7 days 13
after the day the former licensee receives the information notice; 14
or 15
(b) for a cancellation mentioned in subsection (1)(b)-- 16
(i) if, on application by the licensee, the commissioner fixed a 17
date under section 103(1A) for giving a return--within 18
7 days after that date; or 19
(ii) if, on application by the licensee, the commissioner decided 20
not to fix a date under section 103(1A)--within 7 days after 21
the giving of an information notice for the decision; or 22
(iii) otherwise--within 7 days after 31 October in the year of the 23
cancellation. 24
Maximum penalty--40 penalty units.'. 25
of s 103 (Returns by licensed bulk end users) 26
Amendment
Clause 15.(1) Section 103-- 27
insert-- 28
`(1A) However, on application made by the licensee, the commissioner 29
must fix a later date for the licensee for giving a return if the commissioner 30
s 16 19 s 17
Revenue and Other Legislation Amendment
is satisfied that if the person were applying for a bulk end user's licence the 1
application for the licence would be granted. 2
`(1B) The commissioner must not fix a date later than 31 October next 3
following the return date. 4
`(1C) If the commissioner decides not to fix a date under 5
subsection (1A), the commissioner must give the applicant an information 6
notice.'. 7
(2) Section 103(5)-- 8
omit, insert-- 9
`(5) The licence is automatically cancelled the day after the return date 10
if-- 11
(a) on application by the licensee, the commissioner fixes a later date 12
under subsection (1A) for giving a return and the licensee does 13
not give the commissioner a return on or before the later date; or 14
(b) on application by the licensee, the commissioner decides not to 15
fix a date under subsection (1A) for giving a return and the 16
commissioner gives the applicant an information notice for the 17
decision; or 18
(c) paragraphs (a) and (b) do not apply and the licensee does not give 19
the commissioner a return on or before 31 October next 20
following the return date.'. 21
of s 104 (Records of sales to be kept) 22
Amendment
Clause 16. Section 104(3)(a) to (e)-- 23
renumber as section 104(3)(a) to (f). 24
of s 108 (Implied terms of contract for sale of fuel by 25
Amendment
manufacturer or importer) 26
Clause 17.(1) Section 108, heading-- 27
omit, insert-- 28
`Implied terms of certain contracts for sale of fuel'. 29
s 18 20 s 19
Revenue and Other Legislation Amendment
(2) Section 108(1), from `between' to `seller and'-- 1
omit, insert-- 2
`with'. 3
of ch 8, pt 5 4
Amendment
Clause 18. Chapter 8, part 5, heading-- 5
omit, insert-- 6
`PART 5--SPECIAL TRANSITIONAL PROVISIONS 7
FOR REVENUE AND OTHER LEGISLATION 8
AMENDMENT ACT 1998 9
provisions about returns by licensed bulk end users 10
`Transitional
`210.(1) This section applies to a return a licensed bulk end user is 11
required, under section 103, to give the commissioner for the year ending 12
30 June 1998. 13
`(2) Section 98(2)(b)(iii) applies as if the reference to 31 October in the 14
year of cancellation were a reference to 30 June 1999. 15
`(3) Also, section 103 applies as if a reference to 31 October next 16
following the return date were a reference to 30 June 1999. 17
of part 18
`Expiry
`211. This part expires on 1 July 1999.'. 19
of sch 1 (Decisions subject to review and appeal) 20
Amendment
Clause 19. Schedule 1, part A-- 21
insert-- 22
`103 Refusing application to fix a later date for giving a return'. 23
s 20 21 s 20
Revenue and Other Legislation Amendment
of sch 2 (Fuel) 1
Replacement
Clause 20. Schedule 2-- 2
omit, insert-- 3
`SCHEDULE 2 4
`FUEL 5
schedule 3, definition "fuel" 6
`PART A--GOODS FOR EXCISE TARIFF ACT 1921 7
(CWLTH) 8
11(B)(1)(a) 9
11(B)(2)(a) 10
11(B)(2)(d) 11
11(C)(1)(a) 12
11(C)(2)(a) 13
11(C)(2)(c) 14
11(E)(1) 15
11(E)(4) 16
11(F)(1) 17
11(F)(4) 18
11(G)(2) 19
11(G)(5) 20
11(H)(1)(b) 21
11(H)(1)(c) 22
11(H)(2)(b) 23
s 20 22 s 20
Revenue and Other Legislation Amendment
11(H)(2)(c) 1
11(H)(2)(e) 2
11(H)(2)(f) 3
11(I)(1)(b)(ii) 4
11(I)(2)(a) 5
11(I)(3)(a) 6
11(I)(3)(d) 7
11(J)(1)(a) 8
11(J)(1)(b) 9
11(J)(2)(a) 10
11(J)(2)(b) 11
11(J)(2)(d) 12
11(J)(2)(e) 13
12 14
`PART B--GOODS FOR CUSTOMS TARIFF ACT 1995 15
(CWLTH), SCHEDULE 3 16
2707.10.19 17
2707.10.9 18
2707.10.91 19
2707.10.99 20
2707.20.19 21
2707.20.9 22
2707.20.91 23
2707.20.99 24
s 21 23 s 22
Revenue and Other Legislation Amendment
2707.30.19 1
2707.30.9 2
2707.30.91 3
2707.30.99 4
2707.50.29 5
2707.50.9 6
2707.50.91 7
2707.50.99 8
2709.00.22 9
2709.00.29 10
2709.00.99 11
2710.00.15 12
2710.00.29 13
2710.00.39 14
2710.00.57 15
2710.00.59 16
2710.00.89'. 17
PART 4--AMENDMENT OF LAND TAX ACT 1915 18
amended in pt 4 19
Act
Clause 21. This part amends the Land Tax Act 1915. 20
of new s 4AB 21
Insertion
Clause 22. After section 4AA-- 22
insert-- 23
s 23 24 s 24
Revenue and Other Legislation Amendment
may ask police to help 1
`Commissioner
`4AB. The commissioner may ask a police officer to perform a function 2
under, and only under, section 17B or 45.1'. 3
of s 16 (Taxpayer to furnish returns) 4
Amendment
Clause 23.(1) Section 16(1A) to (4) 5
renumber as section 16(4) to (7). 6
(2) Section 16, after subsection (1)-- 7
insert-- 8
`(2) If land is owned jointly, in addition to any return required for the 9
land under subsection (1), a joint return for the land must, unless otherwise 10
notified by the commissioner, be given to the commissioner by the joint 11
owner prescribed under a regulation. 12
`(3) Notification by the commissioner under subsection (1) or (2)-- 13
(a) must be given by gazette notice on or before 8 September in a 14
financial year; and 15
(b) may be given to all taxpayers or a class of taxpayer.'. 16
of s 18 (Assessments, assessment registers, and notice) 17
Amendment
Clause 24. Section 18-- 18
insert-- 19
`(5) If a gazette notice has been published under section 16(3) and a 20
taxpayer to whom the notice relates has not received notice of an 21
assessment by 30 June following the publication of the gazette notice, the 22
taxpayer must advise the commissioner by 31 July that the taxpayer has not 23
received a notice of assessment.'. 24
1 See Police Powers and Responsibilities Act 1997, section 11.
s 25 25 s 26
Revenue and Other Legislation Amendment
of s 20 (Alterations of assessments) 1
Amendment
Clause 25. Section 20, heading-- 2
omit, insert-- 3
`Alteration of assessments--generally'. 4
of new ss 20A and 20B 5
Insertion
Clause 26. After section 20-- 6
insert-- 7
of assessments--during appeal 8
`Alteration
`20A. The commissioner may alter an assessment even if the taxpayer is 9
appealing against the assessment. 10
of altering assessment during appeal 11
`Process
`20B.(1) This section applies if the commissioner alters an assessment 12
under section 20A. 13
`(2) The commissioner must give the taxpayer notice of the altered 14
assessment at least 14 days before the appeal is to be heard. 15
`(3) The taxpayer must, within 7 days of the service of the notice, give 16
the commissioner written advice that the taxpayer-- 17
(a) is discontinuing the appeal and will not be objecting to, or 18
appealing against, the altered assessment; or 19
(b) is discontinuing the appeal and will be objecting to the altered 20
assessment; or 21
(c) is discontinuing the appeal and intends to make a fresh appeal 22
under section 27 against the altered assessment; or 23
(d) intends to continue the existing appeal. 24
`(4) If the taxpayer takes action under subsection (3)(d), the appeal is 25
against the assessment as altered.'. 26
s 27 26 s 27
Revenue and Other Legislation Amendment
of new pt 4A 1
Insertion
Clause 27. After part 4-- 2
insert-- 3
`PART 4A--OBJECTIONS 4
may object to assessment 5
`Taxpayer
`26D.(1) If a taxpayer has a right of appeal against an assessment, the 6
taxpayer may object to the assessment instead of lodging an appeal. 7
`(2) The objection must be-- 8
(a) in writing; and 9
(b) made within 30 days after the notified date on which the land tax 10
is payable. 11
`(3) Despite subsection (2)(b), the commissioner may allow the taxpayer 12
additional time to object to the assessment. 13
`(4) The commissioner must act under subsection (3) if it is reasonable 14
in all the circumstances to allow the taxpayer additional time to object to the 15
assessment. 16
`(5) If the commissioner acts under subsection (3), the time for objecting 17
to the assessment is within the additional time. 18
must consider objection 19
`Commissioner
`26E.(1) After considering the objection, the commissioner must-- 20
(a) allow all or part of the objection; or 21
(b) refuse the objection. 22
`(2) The commissioner must give the taxpayer written notice of the 23
commissioner's decision under subsection (1). 24
`(3) If the commissioner refuses the objection or grants the objection in 25
part only, the commissioner must give the taxpayer written reasons for the 26
decision. 27
s 28 27 s 29
Revenue and Other Legislation Amendment
must alter assessment if objection allowed 1
`Commissioner
`26F. If the commissioner allows all or part of the objection, the 2
commissioner must-- 3
(a) alter the assessment in accordance with the commissioner's 4
decision under section 26E(1)(a); and 5
(b) give the taxpayer notice of the altered assessment. 6
may appeal the commissioner's decision 7
`Taxpayer
`26G.(1) The taxpayer may appeal under section 27 against the 8
commissioner's decision. 9
`(2) The appeal must be made within 30 days of the day of the service of 10
notice of the commissioner's decision. 11
`(3) The grounds of the appeal are limited to the grounds of the 12
objection.'. 13
of s 27 (Appeal) 14
Amendment
Clause 28. Section 27(1)-- 15
omit, insert-- 16
`27.(1) A taxpayer may appeal to the Land Court against an assessment 17
for the taxpayer's land, on the ground that-- 18
(a) the taxpayer is not liable for the land tax or any part of the tax; or 19
(b) the assessment is excessive.'. 20
of new s 27A 21
Insertion
Clause 29. After section 27-- 22
insert-- 23
for making an appeal 24
`Time
`27A.(1) An appeal under section 27 must be made within 30 days after 25
the notified date on which the land tax is payable. 26
`(2) Despite subsection (1), the commissioner may allow the taxpayer 27
s 30 28 s 30
Revenue and Other Legislation Amendment
additional time to appeal against the assessment. 1
`(3) The commissioner must act under subsection (2) if it is reasonable 2
in all the circumstances to allow the taxpayer additional time to appeal 3
against the assessment. 4
`(4) If the commissioner acts under subsection (2), the time for appealing 5
against the assessment is within the additional time.'. 6
of new ss 58A and 58B 7
Insertion
Clause 30. After section 58-- 8
insert-- 9
of commissioner 10
`Signature
`58A.(1) A document is taken to have been signed by the commissioner 11
if the document bears the written, printed or stamped name of the 12
commissioner instead of the commissioner's signature. 13
`(2) Subsection (1) does not apply if the name of the commissioner was 14
written, printed or stamped on the document without the commissioner's 15
authority. 16
`(3) A document bearing the written, printed or stamped name of the 17
commissioner is presumed to have been made with the commissioner's 18
authority unless the contrary is proved. 19
certificate 20
`Commissioner's
`58B.(1) The commissioner may certify-- 21
(a) a copy of a document in the commissioner's possession to be a 22
true copy of the document; and 23
(b) an extract from a document in the commissioner's possession to 24
be a true extract from the document. 25
`(2) A copy of, or extract from, a document certified under 26
subsection (1) is evidence of the document, or the relevant part of the 27
document.'. 28
s 31 29 s 33
Revenue and Other Legislation Amendment
of s 61 (Regulation-making power) 1
Amendment
Clause 31.(1) Section 61(2)(c)(iii)-- 2
omit. 3
(2) Section 61(2)-- 4
insert-- 5
`(ca)the payment of tax; and'. 6
(3) Section 61(2)(f)-- 7
omit, insert-- 8
`(f) the giving of documents by or on behalf of a person to the 9
commissioner.'. 10
(4) Section 61-- 11
insert-- 12
`(3) A regulation may impose a penalty of not more than 20 penalty units 13
for a contravention of the regulation.'. 14
ART 5--AMENDMENT OF PAY-ROLL TAX ACT 15
P
1971 16
amended in pt 5 17
Act
Clause 32. This part amends the Pay-roll Tax Act 1971. 18
of new ss 46A46C 19
Insertion
Clause 33. After section 46-- 20
insert-- 21
evidence in proceedings for recovery of tax 22
`Affidavit
`46A.(1) Evidence in a proceeding against a person for the recovery of 23
tax may be given by affidavit. 24
s 34 30 s 34
Revenue and Other Legislation Amendment
`(2) However, a person who gives evidence by affidavit may be 1
cross-examined about the evidence in the affidavit. 2
of commissioner 3
`Signature
`46B.(1) A document is taken to have been signed by the commissioner 4
if the document bears the written, printed or stamped name of the 5
commissioner instead of the commissioner's signature. 6
`(2) Subsection (1) does not apply if the name of the commissioner was 7
written, printed or stamped on the document without the commissioner's 8
authority. 9
`(3) A document bearing the written, printed or stamped name of the 10
commissioner is presumed to have been made with the commissioner's 11
authority unless the contrary is proved. 12
certificate 13
`Commissioner's
`46C.(1) The commissioner may certify-- 14
(a) a copy of a document in the commissioner's possession to be a 15
true copy of the document; and 16
(b) an extract from a document in the commissioner's possession to 17
be a true extract from the document. 18
`(2) A copy of, or extract from, a document certified under 19
subsection (1) is evidence of the document, or the relevant part of the 20
document.'. 21
of s 51 (Regulations) 22
Amendment
Clause 34.(1) Section 51, heading-- 23
omit, insert-- 24
`Regulation-making power'. 25
(2) Section 51(2)(d), after `employer'-- 26
insert-- 27
`or other person'. 28
s 35 31 s 37
Revenue and Other Legislation Amendment
(3) Section 51(2)(h)-- 1
omit, insert-- 2
`(h) the payment of tax; and'. 3
(4) Section 51(2)(j)-- 4
omit. 5
(5) Section 51-- 6
insert-- 7
`(3) A regulation may impose a penalty of not more than 20 penalty units 8
for a contravention of the regulation.'. 9
PART 6--AMENDMENT OF STAMP ACT 1894 10
amended in pt 6 11
Act
Clause 35. This part amends the Stamp Act 1894. 12
of s 29A (Restriction on entry to investigate) 13
Amendment
Clause 36. Section 29A(3), after `warrant'-- 14
insert-- 15
`, in the approved form,'. 16
of new s 31AB 17
Insertion
Clause 37. After section 31A-- 18
insert-- 19
to company of shares bought back by company is dutiable 20
`Transfer
`31AB.(1) This section applies if shares in a company are bought back, 21
or agreed to be bought back, by the company under the Corporations Law, 22
part 2J.1, division 2. 23
s 38 32 s 40
Revenue and Other Legislation Amendment
`(2) The share buy back, or an agreement for buying back the shares, is 1
chargeable with duty as if it were a transfer that gives effect to a sale to and 2
purchase of the shares by another person.'. 3
of s 31H (Duty on transactions on registers of 4
Amendment
Queensland incorporated companies) 5
Clause 38.(1) Section 31H(1), `containing such particulars and information as 6
may be prescribed'-- 7
omit, insert-- 8
`in the approved form'. 9
(2) Section 31H(3)(a), `proclaimed'-- 10
omit, insert-- 11
`declared'. 12
(3) Section 31H(6)-- 13
omit, insert-- 14
`(6) A regulation may declare a State or Territory or any country to be a 15
State, Territory or country for this section.'. 16
of s 35A (Persons carrying on credit or rental business to 17
Amendment
be registered) 18
Clause 39. Section 35A(4)-- 19
omit. 20
of new s 35AA 21
Insertion
Clause 40. After section 35A-- 22
insert-- 23
of registration of persons carrying on credit or rental 24
`Certificates
business in Queensland 25
`35AA.(1) The commissioner must issue to a person registered under 26
section 35A (a "registered person") a certificate of registration. 27
s 40 33 s 40
Revenue and Other Legislation Amendment
`(2) If a registered person carries on a credit business or rental business 1
in more than 1 place in Queensland, the commissioner must issue a copy of 2
the certificate for each additional place. 3
`(3) If a registered person starts carrying on a credit business or rental 4
business at a place in Queensland for which the commissioner has not 5
issued a certificate under subsection (2)-- 6
(a) the person must give the commissioner written notice of the 7
carrying on of the credit business or rental business at the place 8
having started; and 9
(b) the commissioner must, after receiving the notice, issue a copy of 10
the certificate for the place. 11
`(4) If a registered person stops carrying on a credit business or rental 12
business at a place for which the commissioner has issued a certificate, the 13
person must-- 14
(a) give the commissioner written notice that the carrying on of the 15
credit business or rental business at the place has stopped; and 16
(b) return to the commissioner the certificate or copy of the certificate 17
for the place. 18
`(5) A notice under subsection (3)(a) or (4)(a) must be in the approved 19
form. 20
`(6) A notice-- 21
(a) under subsection (3)(a) must be given within 14 days after the 22
day the carrying on of the credit business or rental business at the 23
place started; or 24
(b) under subsection (4)(a) must be given within 14 days after the 25
day the carrying on of the credit business or rental business at the 26
place stopped. 27
`(7) A registered person must-- 28
(a) keep a certificate or copy of the certificate at each place in 29
Queensland where the person carries on a credit business or rental 30
business; and 31
(b) if asked by a person seeking to transact credit business or rental 32
business with the registered person, produce the certificate or 33
s 41 34 s 44
Revenue and Other Legislation Amendment
copy of the certificate for the person's inspection. 1
Maximum penalty--10 penalty units. 2
`(8) If a person seeking to transact credit business or rental business with 3
another person asks the other person a question about whether or not the 4
other person is a registered person the other person must honestly answer 5
the question. 6
Maximum penalty for subsection (8)--10 penalty units.'. 7
of s 35B (Statements to be lodged by required persons 8
Amendment
with the commissioner) 9
Clause 41. Section 35B-- 10
insert-- 11
`(7) If a required person has not carried on any rental or credit business 12
during a calendar month, the person must, by the 21st day of the following 13
month, give to the commissioner a statement in the approved form showing 14
the rental or credit business as `Nil'.'. 15
of s 35E (As to transactions with unregistered persons) 16
Amendment
Clause 42. Section 35E(1), `containing such particulars as are prescribed'-- 17
omit, insert-- 18
`in the approved form'. 19
of s 46C (Insurance with no executed policy) 20
Amendment
Clause 43. Section 46C(1)(d), `containing prescribed particulars'-- 21
omit, insert-- 22
`in the approved form'. 23
of s 54 (Certain contracts to be chargeable as 24
Amendment
conveyances) 25
Clause 44.(1) Section 54(8), from `agreement, but the term does not include'-- 26
s 45 35 s 45
Revenue and Other Legislation Amendment
omit, insert-- 1
`agreement.'. 2
(2) Section 54-- 3
insert-- 4
`(9) However, subsections (7) and (7A) do not apply to a contract or 5
agreement (the "first contract or agreement") if-- 6
(a) there is 1 or more arrangements, contracts or agreements 7
resulting in any of the property the subject of the first contract or 8
agreement being conveyed, or agreed to be conveyed, other than 9
by the first contract or agreement; and 10
(b) the purchaser under the first contract or agreement receives a 11
direct or indirect financial benefit under the arrangements, 12
contracts or agreements. 13
`(10) In subsection (9)-- 14
"financial benefit" does not include a benefit arising merely because the 15
purchaser under the first contract or agreement-- 16
(a) is released from the purchaser's obligations under the first 17
contract or agreement; or 18
(b) acquires a right or benefit in respect of all or part of the property 19
the subject of the first contract or agreement.'. 20
of s 56B (Unit trust schemes) 21
Amendment
Clause 45. Section 56B(1A)-- 22
omit, insert-- 23
`(1A) If the commissioner is satisfied-- 24
(a) units in a unit trust scheme (the "start up units") will be issued 25
to the public to an extent and with the entitlements set out in the 26
definition "public unit trust scheme" in subsection (1) within 27
1 year after the first issue of units to the public; and 28
(b) the start up units are the only units in the unit trust scheme to be 29
issued from and including the first issue to the public until the 30
unit trust scheme becomes a public unit trust scheme (the 31
s 46 36 s 47
Revenue and Other Legislation Amendment
"start-up period"; 1
the unit trust scheme is taken to be a public unit trust scheme during the 2
start-up period.'. 3
of s 83 (Regulations) 4
Amendment
Clause 46.(1) Section 83, heading-- 5
omit, insert-- 6
`Regulation-making power'. 7
(2) Section 83(2)-- 8
insert-- 9
`(ab) fees to be paid under this Act; and 10
(ac) the payment of duty under this Act; and'. 11
(3) Section 83(2)(e)-- 12
omit. 13
(4) Section 83-- 14
insert-- 15
`(3) A regulation may impose a penalty of not more than 20 penalty units 16
for a contravention of the regulation.'. 17
of new ss 88 and 89 18
Insertion
Clause 47. After section 87-- 19
insert-- 20
not payable on Suncorp Metway notes 21
`Duty
`88.(1) For this Act, an Exchanging Instalment Note Series 2 issued 22
under the deed poll signed by the State on 8 October 1998 is not, and is 23
taken never to have been, a marketable security or a right in respect of 24
shares. 25
`(2) To remove any doubt, it is declared that-- 26
(a) schedule 1, under the heading "Conveyance or transfer", 27
s 48 37 s 48
Revenue and Other Legislation Amendment
subparagraph (4), does not apply to the conveyance or transfer of 1
an Exchanging Instalment Note Series 2; and 2
(b) subsection (1) does not apply to an Exchanging Instalment Note 3
Series 2 on and from the day the note becomes a share. 4
of certain exemptions from duty for applications involving 5
`Validation
registration of motor vehicles 6
`89. Exemptions 5(f) to (j) and 5A in schedule 1, under the heading 7
`Application for registration or application for transfer of registration of a 8
motor vehicle' are taken to have had effect on and from 26 April 1988.'. 9
of sch 1 (Stamp duties on instruments) 10
Amendment
Clause 48.(1) Schedule 1, under the heading `Application for registration or 11
application for transfer of registration of a motor vehicle', exemption 5-- 12
insert-- 13
`(f) an ex-service person for a motor vehicle not used for commercial 14
purposes if, because of an injury or condition resulting from war 15
service, the ex-service person is entitled to receive a concession 16
for motor vehicle registration fees payable under the Transport 17
Operations (Road Use Management) Regulation 1995; 18
(g) a hirer who has redeemed a motor vehicle that was previously 19
repossessed, if the registration of the motor vehicle is recorded in 20
the same name as before repossession; 21
(h) a person who has lost the use of 1 or both legs and the motor 22
vehicle is used for transport to and from the place of employment 23
because of inability to use public transport; 24
(i) a disabled person for a motorised wheelchair used for private 25
purposes; 26
(j) the Governor.'. 27
(2) Schedule 1, under the heading `Application for registration or 28
application for transfer of registration of a motor vehicle', Exemptions-- 29
insert-- 30
s 49 38 s 49
Revenue and Other Legislation Amendment
`5A. Any application for transfer of registration by way of gift from an 1
individual to-- 2
(a) the individual's spouse, parent or child or any 2 or more of them 3
jointly; or 4
(b) the individual and the individual's spouse, parent or child or any 5
2 or more of them jointly.'. 6
PART 7--MINOR AMENDMENTS OF ACTS 7
amended--schedule 8
Acts
Clause 49. The schedule amends the Acts mentioned in it. 9
10
39
Revenue and Other Legislation Amendment
CHEDULE 1
¡S
MINOR AMENDMENTS OF ACTS 2
section 49 3
AND TAX ACT 1915 4
´L
1. Section 3F(1)(a), `time;'-- 5
omit, insert-- 6
`time; or'. 7
2. Section 11BA(1)(a), `BCCM Act'-- 8
omit, insert-- 9
`Body Corporate and Community Management Act 1997'. 10
3. Section 11C(3), `60'-- 11
omit, insert-- 12
`61'. 13
4. Section 25(2)(a), `together with'-- 14
omit, insert-- 15
`and'. 16
40
Revenue and Other Legislation Amendment
SCHEDULE (continued)
REVENUE LAWS (RECIPROCAL POWERS) ACT 1988 1
´
1. Section 7, from `and is liable to a penalty'-- 2
omit. 3
2. Section 7-- 4
insert-- 5
`Maximum penalty--40 penalty units or 3 months imprisonment.'. 6
3. Section 11(3), penalty-- 7
omit, insert-- 8
`Maximum penalty for subsection (3)--100 penalty units or 12 months 9
imprisonment.'. 10
4. Section 13(3), penalty-- 11
omit, insert-- 12
`Maximum penalty for subsection (3)--200 penalty units or 6 months 13
imprisonment.'. 14
5. Section 14, penalty-- 15
omit, insert-- 16
`Maximum penalty--200 penalty units or 6 months imprisonment.'. 17
41
Revenue and Other Legislation Amendment
SCHEDULE (continued)
6. Section 20(1) and (2), penalty-- 1
omit, insert-- 2
`Maximum penalty--100 penalty units or 12 months imprisonment.'. 3
4
© State of Queensland 1998
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