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Queensland
REVENUE LEGISLATION
AMENDMENT BILL 2004
Queensland
REVENUE LEGISLATION AMENDMENT
BILL 2004
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF DUTIES ACT 2001
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 24 (Rates of transfer duty) . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 60 (Beneficiary's trust interest is percentage of or
proportionate to property held on trust) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 137 (Exemption--mining and petroleum legislation) . . . . 7
7 Insertion of new s 251A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
251A Treatment of mortgages affecting property in Victoria . . . . . . . . . . . 7
8 Amendment of s 252 (When liability for mortgage duty arises). . . . . . . . . . 8
9 Amendment of s 260 (Mortgage over property not wholly in Queensland) . 8
10 Amendment of s 262 (Collateral mortgage) . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Amendment of s 263 (Extent mortgage is enforceable) . . . . . . . . . . . . . . . . 9
12 Insertion of new s 290A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
290A Reassessment--stamping before advance . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 299 (Who is a "credit provider") . . . . . . . . . . . . . . . . . . . . 10
14 Amendment of s 377 (Imposition of vehicle registration duty) . . . . . . . . . . 10
15 Amendment of s 382 (Assessment of vehicle registration duty). . . . . . . . . . 11
16 Amendment of s 383 (Rate of vehicle registration duty) . . . . . . . . . . . . . . . 11
17 Amendment of s 384 (Reduction in vehicle registration duty payable) . . . . 11
18 Amendment of s 386 (Exemption--registration of interstate registered
vehicle) ................................................. 12
2
Revenue Legislation Amendment Bill 2004
19 Amendment of s 405 (Exemption--interposing new company between
existing companies and their shareholders). . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Amendment of s 408 (Exemption--trustees) . . . . . . . . . . . . . . . . . . . . . . . . 12
21 Amendment of s 411 (Application for exemption for dutiable
transaction or relevant acquisition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Amendment of s 429 (Instruments and transactions under Housing
Act 2003) ............................................... 13
23 Amendment of s 445 (Notice of registration) . . . . . . . . . . . . . . . . . . . . . . . . 14
24 Amendment of s 452 (Notice of registration) . . . . . . . . . . . . . . . . . . . . . . . . 14
25 Amendment of s 455 (Lodging returns) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Insertion of new ch 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
CHAPTER 12A--PROVISIONS FOR PARTIES TO SELF
ASSESSABLE INSTRUMENTS OR TRANSACTIONS
PART 1--PRELIMINARY
471A Who is a "liable party". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
471B What is a "relevant lodgment requirement". . . . . . . . . . . . . . . . . . . . 15
PART 2--PROVISIONS APPLICABLE IF AGENT REGISTERED AS
SELF ASSESSOR
471C Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
471D Effect of engagement of self assessor on relevant lodgment
requirement ........................................ 16
471E Liable party must give documents, and pay duty, to self assessor. . . 16
471F Giving documents to self assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
471G Prohibition on giving false or misleading documents to self
assessor ........................................ 18
471H Prohibition on giving false or misleading information to self
assessor .......................................... 18
PART 3--PROVISIONS APPLICABLE IF PARTY REGISTERED AS
SELF ASSESSOR
471I Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
471J Effect of engagement of self assessor on relevant lodgment
requirement ........................................ 19
27 Amendment of s 488 (Commissioner may require payment of penalty) . . . 19
28 Amendment of s 496 (Lodging declaration stating facts and circumstances) 20
29 Insertion of new s 508A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
508A End of succession debts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3
Revenue Legislation Amendment Bill 2004
30 Amendment of s 511 (Application of this Act) . . . . . . . . . . . . . . . . . . . . . . . 22
31 Insertion of new s 530A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
530A Repealed Act applies to instruments increasing rent in relation to
particular leases etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Amendment of s 537 (Reduction in vehicle registration duty) . . . . . . . . . . . 23
33 Amendment of sch 6 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 3--AMENDMENT OF FUEL SUBSIDY ACT 1997
34 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
35 Amendment of s 8 (Meaning of "off-road purpose") . . . . . . . . . . . . . . . . . . 24
PART 4--AMENDMENT OF LAND TAX ACT 1915
36 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
37 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
2004
A BILL
FOR
An Act to amend certain revenue legislation
s1 6 s4
Revenue Legislation Amendment Bill 2004
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Revenue Legislation Amendment Act 2004. 4
2 Commencement
Clause 5
(1) Sections 7, 9 to 12, 14 to 17, 27, 32 and 33(1) and (4) commence on 6
a date to be fixed by proclamation. 7
(2) Section 131 commences or is taken to have commenced on the day 8
the Second-hand Dealers and Pawnbrokers Act 2003, section 1162 9
commences. 10
PART 2--AMENDMENT OF DUTIES ACT 2001 11
3 Act amended in pt 2
Clause 12
This part amends the Duties Act 2001. 13
4 Amendment of s 24 (Rates of transfer duty)
Clause 14
Section 24(3)(b)-- 15
omit, insert-- 16
`(b) another mortgage, including the debt secured by the mortgage, 17
that is incidental to, and transferred in connection with, a 18
mortgage mentioned in paragraph (a) (a "primary mortgage") 19
1 Section 13 (Amendment of s 299 (Who is a "credit provider"))
2 Second-hand Dealers and Pawnbrokers Act 2003, section 116 (Repeals)
s5 7 s7
Revenue Legislation Amendment Bill 2004
if the primary mortgage is the principal security held by the 1
transferor.'. 2
5 Amendment of s 60 (Beneficiary's trust interest is percentage of or
Clause 3
proportionate to property held on trust) 4
Section 60(1)(b), from `proportion' to `bears'-- 5
omit, insert-- 6
`proportion that the value of the beneficiary's entitlement bears'. 7
6 Amendment of s 137 (Exemption--mining and petroleum
Clause 8
legislation) 9
(1) Section 137(1)-- 10
omit, insert-- 11
`(1) Transfer duty is not imposed on a dutiable transaction that is-- 12
(a) the grant of a mineral development licence, mining claim or 13
mining lease under the Mineral Resources Act 1989; or 14
(b) the transfer, or an agreement for the transfer, of a mining claim, 15
or a share in a mining claim, under the Mineral Resources 16
Act 1989 if the consideration is not more than $100.'. 17
(2) Section 137-- 18
insert-- 19
`(5) Subsection (1) applies to a dutiable transaction if liability for 20
transfer duty arose or arises on or after 1 March 2002.'. 21
7 Insertion of new s 251A
Clause 22
Chapter 5, part 2-- 23
insert-- 24
`251A Treatment of mortgages affecting property in Victoria 25
`For this chapter, a mortgage or mortgage package affecting property 26
located in Victoria is taken to have been properly stamped, stamped with 27
similar duty, duly stamped or exempt from duty under the Duties Act 2000 28
(Vic) only to the extent the mortgage or mortgage package was properly 29
s8 8 s 10
Revenue Legislation Amendment Bill 2004
stamped, stamped with similar duty, duly stamped or exempt from duty 1
under that Act before 1 July 2004.'. 2
8 Amendment of s 252 (When liability for mortgage duty arises)
Clause 3
Section 252(3)-- 4
omit, insert-- 5
`(3) Subsection (4) applies to an instrument of security if-- 6
(a) the instrument does not affect property in Queensland when it is 7
first signed; and 8
(b) the instrument affects property in Queensland-- 9
(i) for land, other than a security interest--within 1 year after 10
the instrument is first signed; or 11
(ii) for other property--at any time after the instrument is first 12
signed; and 13
(c) for other property mentioned in paragraph (b)(ii)-- 14
(i) the property is specifically identified, whether or not in the 15
instrument, when the instrument is first signed; and 16
(ii) under an arrangement in place when the instrument is first 17
signed, the property is intended to be secured by the 18
security.'. 19
9 Amendment of s 260 (Mortgage over property not wholly in
Clause 20
Queensland) 21
Section 260(2), after `Territory'-- 22
insert-- 23
`or in Victoria'. 24
10 Amendment of s 262 (Collateral mortgage)
Clause 25
Section 262-- 26
insert-- 27
`(1A) However, a mortgage (a "secondary mortgage") that secures all 28
or part of the same amount as another mortgage, security instrument or 29
s 11 9 s 12
Revenue Legislation Amendment Bill 2004
mortgage package that affects property located in Victoria and has been 1
properly stamped under this Act or a corresponding Act is taken not to be a 2
collateral mortgage if the commissioner is satisfied there was an 3
arrangement to avoid the imposition of mortgage duty on the secondary 4
mortgage.'. 5
11 Amendment of s 263 (Extent mortgage is enforceable)
Clause 6
Section 263-- 7
insert-- 8
`(3) For subsection (1), if an advance is made on or after 1 July 2004 9
under a mortgage or mortgage package that, before 1 July 2004, affected 10
property located in Victoria and was properly stamped under the Duties Act 11
2000 (Vic), the mortgage or mortgage package is taken to be a mortgage or 12
mortgage package for which a similar duty is chargeable under a 13
corresponding Act.'. 14
12 Insertion of new s 290A
Clause 15
Chapter 5, part 8-- 16
insert-- 17
`290A Reassessment--stamping before advance 18
`(1) This section applies in relation to a mortgage mentioned in 19
section 260 or 261 if-- 20
(a) the mortgage was first signed before 1 July 2004 and partly 21
affected property located in Victoria; and 22
(b) the mortgage was properly stamped or exempt from duty, and 23
mortgage duty was paid for the mortgage before 1 July 2004, 24
under the Duties Act 2000 (Vic), section 161,3 in relation to an 25
advance made under the mortgage on or after the commencement 26
of this section; and 27
(c) before 1 July 2004, the mortgage was stamped under 28
section 257(1) and (2) in relation to the advance; and 29
3 Duties Act 2000 (Vic), section 161 (Stamping before advance)
s 13 10 s 14
Revenue Legislation Amendment Bill 2004
(d) after the commencement of this section, the duty mentioned in 1
paragraph (b) (the "Victorian duty") is refunded because the 2
mortgage is no longer stamped before the advance. 3
`(2) Section 257(1) and (2) are taken not to have authorised the stamping 4
of the mortgage and the commissioner must make a reassessment to 5
impose mortgage duty on the mortgage based on the dutiable proportion at 6
the liability date. 7
`(3) The mortgagor or mortgagee must, within 28 days of the Victorian 8
duty being refunded-- 9
(a) give written notice to the commissioner stating that the Victorian 10
duty has been refunded; and 11
(b) ensure the mortgage is lodged for a reassessment of mortgage 12
duty on the mortgage. 13
14
Note--
15
Failure to give the notice is an offence under the Administration Act, section 120.
`(4) Compliance with subsection (3) by the mortgagor or mortgagee 16
relieves the other person from complying with the subsection.'. 17
13 Amendment of s 299 (Who is a "credit provider")
Clause 18
Section 299(2), from `licensed'-- 19
omit, insert-- 20
`person carrying on business as a pawnbroker within the meaning of the 21
Second-hand Dealers and Pawnbrokers Act 2003.4'. 22
14 Amendment of s 377 (Imposition of vehicle registration duty)
Clause 23
Section 377-- 24
insert-- 25
4 Under the Second-hand Dealers and Pawnbrokers Act 2003, a "pawnbroker" is a
person who--
(a) carries on the business of advancing, on interest or in expectation of profit or
reward, an amount on the principal or collateral security of property taken by
the person as a pawn; and
(b) holds a pawnbrokers licence.
s 15 11 s 17
Revenue Legislation Amendment Bill 2004
`(3) However, the vehicle registration duty imposed on an application for 1
a special vehicle is the amount stated in section 382(2)(a).'. 2
15 Amendment of s 382 (Assessment of vehicle registration duty)
Clause 3
Section 382(2), from `amount'-- 4
omit, insert-- 5
`following amount-- 6
(a) if the application is for a special vehicle--$25; or 7
(b) if paragraph (a) does not apply--the amount worked out by 8
applying the rate of vehicle registration duty to the dutiable value 9
of the vehicle at the dutiable day.'. 10
16 Amendment of s 383 (Rate of vehicle registration duty)
Clause 11
(1) Section 383, heading, after `duty'-- 12
insert-- 13
`, other than for a special vehicle'. 14
(2) Section 383, after `a vehicle'-- 15
insert-- 16
`, other than a special vehicle,'. 17
(3) Section 383, `at the dutiable day'-- 18
omit. 19
17 Amendment of s 384 (Reduction in vehicle registration duty
Clause 20
payable) 21
(1) Section 384(1), from `Vehicle' to `383'-- 22
omit, insert-- 23
`The amount of vehicle registration duty assessed under section 382(2)'. 24
(2) Section 384(3), `383'-- 25
omit, insert-- 26
`382(2)'. 27
s 18 12 s 20
Revenue Legislation Amendment Bill 2004
18 Amendment of s 386 (Exemption--registration of interstate
Clause 1
registered vehicle) 2
Section 386(2)(b), second subparagraph (iv)-- 3
renumber as section 386(2)(b)(v). 4
19 Amendment of s 405 (Exemption--interposing new company
Clause 5
between existing companies and their shareholders) 6
Section 405(4), from `subsection (2)'-- 7
omit, insert-- 8
`subsection (2) that, before the acquisition by the new parent company, 9
the same shareholders-- 10
(a) owned, directly or indirectly, at least 90% of the issued shares in 11
the existing companies; and 12
(b) had voting control of the existing companies.'. 13
20 Amendment of s 408 (Exemption--trustees)
Clause 14
(1) Section 408(1)(c)-- 15
omit. 16
(2) Section 408(1)(d)-- 17
renumber as section 408(1)(c). 18
(3) Section 408(2)-- 19
omit, insert-- 20
`(2) For subsection (1), section 406(2) and division 5 apply as if-- 21
(a) a reference to the transferor of the property were a reference to 22
the unitholders or beneficiaries; and 23
(b) the issued shares in the transferee held by the transferor were 24
held other than as trustee.'. 25
s 21 13 s 22
Revenue Legislation Amendment Bill 2004
21 Amendment of s 411 (Application for exemption for dutiable
Clause 1
transaction or relevant acquisition) 2
(1) Section 411(4)(b)-- 3
omit, insert-- 4
`(b) the circumstances existing in relation to the transaction or 5
acquisition at the time of the application for exemption are 6
materially different from the circumstances existing at the time 7
of the application for the ruling; or'. 8
(2) Section 411(4)-- 9
insert-- 10
`(d) each of the following applies-- 11
(i) after the ruling is made but before the application for the 12
exemption is decided, a legislative change takes effect or a 13
judgment of a court is given; 14
(ii) the change or judgment would, if it had taken effect or been 15
given before the ruling was made, have materially affected 16
the ruling made by the commissioner.'. 17
22 Amendment of s 429 (Instruments and transactions under
Clause 18
Housing Act 2003) 19
(1) Section 429(2)(a)-- 20
omit, insert-- 21
`(a) the transfer, or agreement for the transfer, of land to a person who 22
does not receive financial assistance from the housing chief 23
executive on behalf of the State to enable the person to purchase 24
the land;'. 25
(2) Section 429(2)(b), after `a transfer,'-- 26
insert-- 27
`agreement for the transfer,'. 28
(3) Section 429(2)(c), after `a transfer'-- 29
insert-- 30
`, or agreement for the transfer,'. 31
s 23 14 s 24
Revenue Legislation Amendment Bill 2004
(4) Section 429(2)(c)(i), after `the transfer'-- 1
insert-- 2
`, or agreement for the transfer, was entered into'. 3
(5) Section 429(2)(c)(i), `providing'-- 4
omit, insert-- 5
`provide'. 6
(6) Section 429(4), definition "residence"-- 7
omit. 8
23 Amendment of s 445 (Notice of registration)
Clause 9
(1) Section 445(2)-- 10
insert-- 11
`(da)the documents required to accompany the returns;'. 12
(2) Section 445(2)(da) to (h)-- 13
renumber as section 445(2)(e) to (i). 14
(3) Section 445-- 15
insert-- 16
`(3) However, a matter mentioned in subsection (2) may, instead of being 17
stated in the notice, be stated in a document issued by the commissioner 18
and accompanying the notice. 19
`(4) A matter mentioned in subsection (2) and stated in a document 20
mentioned in subsection (3) is taken to have been stated in the notice.'. 21
24 Amendment of s 452 (Notice of registration)
Clause 22
(1) Section 452(2)-- 23
insert-- 24
`(da)the documents required to accompany the returns;'. 25
(2) Section 452(2)(da) to (h)-- 26
renumber as section 452(2)(e) to (i). 27
s 25 15 s 26
Revenue Legislation Amendment Bill 2004
(3) Section 452-- 1
insert-- 2
`(3) However, a matter mentioned in subsection (2) may, instead of being 3
stated in the notice, be stated in a document issued by the commissioner 4
and accompanying the notice. 5
`(4) A matter mentioned in subsection (2) and stated in a document 6
mentioned in subsection (3) is taken to have been stated in the notice.'. 7
25 Amendment of s 455 (Lodging returns)
Clause 8
Section 455(1)(a), after `lodge returns'-- 9
insert-- 10
`, and documents required to accompany returns,'. 11
26 Insertion of new ch 12A
Clause 12
After chapter 12-- 13
insert-- 14
`CHAPTER 12A--PROVISIONS FOR PARTIES TO 15
SELF ASSESSABLE INSTRUMENTS OR 16
TRANSACTIONS 17
`PART 1--PRELIMINARY 18
`471A Who is a "liable party" 19
`A party to an instrument or transaction who is liable to pay duty on it is 20
a "liable party" to the instrument or transaction. 21
`471B What is a "relevant lodgment requirement" 22
`(1) A "relevant lodgment requirement" for an instrument or 23
transaction is a lodgment requirement, within the meaning of the 24
Administration Act, that applies to the instrument or a document for the 25
instrument or transaction. 26
s 26 16 s 26
Revenue Legislation Amendment Bill 2004
`(2) However, a requirement under this Act to lodge a return for a self 1
assessment for the instrument or transaction is not a relevant lodgment 2
requirement. 3
`(3) For subsection (2), a return for a self assessment does not include 4
another document that is, under a provision of this Act, taken to be a return 5
for a self assessment. 6
7
Example of another document taken to be a return--
8
a statement under section 241(2) or (4)
`PART 2--PROVISIONS APPLICABLE IF AGENT 9
REGISTERED AS SELF ASSESSOR 10
`471C Application of pt 2 11
`(1) This part applies to an instrument or transaction for which a liable 12
party engages a self assessor who is-- 13
(a) registered under chapter 12, part 3;5 and 14
(b) required or permitted under the self assessor's notice of 15
registration to lodge returns for the instrument or transaction. 16
`(2) However, if the self assessor is not permitted to make a reassessment 17
of duty on the instrument or transaction, this part does not apply to the 18
instrument or transaction for the making of the reassessment. 19
`471D Effect of engagement of self assessor on relevant lodgment 20
requirement 21
`A relevant lodgment requirement for the instrument or transaction does 22
not apply for the instrument or transaction. 23
`471E Liable party must give documents, and pay duty, to self assessor 24
`(1) A liable party to the instrument or transaction must, not later than 25
the date mentioned in subsection (2)-- 26
5 Chapter 12 (Registered persons), part 3 (Registration of agents as self assessors)
s 26 17 s 26
Revenue Legislation Amendment Bill 2004
(a) ensure that the self assessor is given all instruments and other 1
documents relating to the instrument or transaction to which a 2
relevant lodgment requirement for the instrument or transaction 3
would apply if section 471D did not apply; and 4
(b) pay to the self assessor the amount of the duty, assessed interest 5
and penalty tax on the instrument or transaction. 6
Maximum penalty--100 penalty units. 7
`(2) For subsection (1), the date is the return date for lodgment by the 8
self assessor of a return, and any document required to accompany the 9
return, for the instrument or transaction. 10
`(3) The liable party complies with subsection (1)(a) only if-- 11
(a) all instruments or documents required to be given to the self 12
assessor under the subsection have been given as required under 13
section 471F; and 14
(b) for a document required under the subsection to be given as an 15
approved form--the form contains enough information for the 16
purpose for which it is given. 17
`(4) To remove doubt, it is declared that compliance with 18
subsection (1)(b) does not limit the party's liability to pay unpaid tax 19
interest on the duty payable on the instrument or transaction. 20
`471F Giving documents to self assessor 21
`(1) A document is given by a liable party to a self assessor only if the 22
document is-- 23
(a) left at an office of the self assessor; or 24
(b) sent by post to the self assessor. 25
`(2) A document given to the self assessor in the way mentioned in 26
subsection (1)(a) is taken to be given to the self assessor when it is actually 27
received by the self assessor.6 28
6 For the time of giving a document by post, see the Acts Interpretation Act 1954,
section 39A(1)(b).
s 26 18 s 26
Revenue Legislation Amendment Bill 2004
`471G Prohibition on giving false or misleading documents to self 1
assessor 2
`(1) A liable party to the instrument or transaction must not give the 3
instrument or a document relating to the instrument or transaction to the 4
self assessor if the instrument or document contains information the party 5
knows, or should reasonably know, is false or misleading in a material 6
particular. 7
Maximum penalty--100 penalty units. 8
`(2) Subsection (1) does not apply to a liable party who, when giving the 9
instrument or document to the self assessor-- 10
(a) tells the self assessor of the extent to which the instrument or 11
document is false or misleading; and 12
(b) to the extent the party has, or can reasonably get, the correct 13
information--gives the correct information to the self assessor. 14
`(3) It is enough for a complaint against a person for an offence against 15
subsection (1) to state the instrument or document was `false or 16
misleading', without specifying which. 17
`471H Prohibition on giving false or misleading information to self 18
assessor 19
`(1) A liable party to the instrument or transaction must not state to the 20
self assessor anything relating to the instrument or transaction that the 21
party knows is false or misleading in a material particular. 22
Maximum penalty--100 penalty units. 23
`(2) It is enough for a complaint against a person for an offence against 24
subsection (1) to state the statement made was `false or misleading', 25
without specifying which. 26
s 27 19 s 27
Revenue Legislation Amendment Bill 2004
`PART 3--PROVISIONS APPLICABLE IF PARTY 1
REGISTERED AS SELF ASSESSOR 2
`471I Application of pt 3 3
`(1) This part applies to an instrument or transaction for which there is a 4
self assessor who is-- 5
(a) registered under chapter 12, part 2;7 and 6
(b) required or permitted under the self assessor's notice of 7
registration to lodge returns for the instrument or transaction. 8
`(2) However, if the self assessor is not permitted to make a reassessment 9
of duty on the instrument or transaction, this part does not apply to the 10
instrument or transaction for the making of the reassessment. 11
`471J Effect of engagement of self assessor on relevant lodgment 12
requirement 13
`A relevant lodgment requirement for the instrument or transaction does 14
not apply for the instrument or transaction if -- 15
(a) the self assessor is required to lodge a return for the instrument or 16
transaction; or 17
(b) the self assessor-- 18
(i) is permitted to lodge a return for the instrument or 19
transaction; and 20
(ii) includes the instrument or transaction in a return lodged as 21
required under section 455.'. 22
27 Amendment of s 488 (Commissioner may require payment of
Clause 23
penalty) 24
Section 488(1)(c), after `transfer a vehicle,'-- 25
insert-- 26
`other than a special vehicle,'. 27
7 Chapter 12 (Registered persons), part 2 (Registration of parties to instruments and
transactions as self assessors)
s 28 20 s 29
Revenue Legislation Amendment Bill 2004
28 Amendment of s 496 (Lodging declaration stating facts and
Clause 1
circumstances) 2
Section 496(2), note-- 3
omit, insert-- 4
5
`Note--
6
Failure to lodge the declaration is an offence under the Administration Act,
7
section 121.'.
29 Insertion of new s 508A
Clause 8
Chapter 16-- 9
insert-- 10
`508A End of succession debts 11
`(1) The purpose of this section is to end, from 31 January 2003, 12
succession debts. 13
`(2) Subsection (3) applies to a succession debt-- 14
(a) that was owed on or before the commencement of this section; or 15
(b) that would otherwise arise after the commencement of this 16
section. 17
`(3) The succession debt is taken to have been extinguished on 18
31 January 2003. 19
`(4) Subsection (3) applies despite the following provisions of the 20
repealed Statute Law Revision Act 1995-- 21
(a) schedule 9, entries for the succession duties Acts; 22
(b) schedule 10, section 3. 23
`(5) To remove doubt, it is declared that a person is not entitled to a 24
refund of a succession debt paid before 31 January 2003. 25
`(6) If a succession duty charge affected land on the commencement of 26
this section-- 27
(a) the charge is taken to have been discharged or satisfied; and 28
(b) the relevant person must, as soon as practicable after this section 29
commences, remove the charge from the land register in which 30
the charge is recorded. 31
s 29 21 s 29
Revenue Legislation Amendment Bill 2004
`(7) No fee is payable for removing a succession duty charge from a land 1
register under subsection (6)(b). 2
`(8) A word or expression used in this section and defined in the repealed 3
Succession Duties Act 1892 has, if the context permits, the meaning given 4
under that Act. 5
`(9) In this section-- 6
"dutiable succession" means a succession conferred on a successor if the 7
entitlement or interest of the successor vested in the successor in 8
possession before 1 January 1977. 9
"land register" means any of the following-- 10
(a) the freehold land register kept under the Land Title Act 1994; 11
(b) a register kept under the Property Law Act 1974, part 18;8 12
(c) a register kept under the Land Act 1994. 13
"registrar" means the registrar of titles under the Land Title Act 1994. 14
"relevant person" means the registrar or, for a land register kept under the 15
Land Act 1994, the chief executive of the department administering 16
that Act. 17
"succession debt" means-- 18
(a) a debt to the State for duty payable under the succession duties 19
Acts in relation to a dutiable succession; or 20
(b) an unpaid penalty, expense or other amount recoverable by the 21
commissioner under the succession duties Acts in relation to a 22
dutiable succession. 23
"succession duties Acts" means each of the following repealed Acts-- 24
(a) the Succession Duties Act 1892; 25
(b) the Succession Duties Act 1892 Amendment Act 1895; 26
(c) the Succession Duties Act 1904. 27
8 Property Law Act 1974, part 18 (Unregistered land)
s 30 22 s 31
Revenue Legislation Amendment Bill 2004
"succession duty charge" means a charge created under the repealed 1
Succession Duties Act 1892, section 43,9 including, for example, a 2
`succession duty not paid' recording in a land register. 3
`(10) This section expires on 1 September 2005.'. 4
30 Amendment of s 511 (Application of this Act)
Clause 5
Section 511(2)(a), after `530'-- 6
insert-- 7
`, 530A'. 8
31 Insertion of new s 530A
Clause 9
After section 530-- 10
insert-- 11
`530A Repealed Act applies to instruments increasing rent in relation 12
to particular leases etc. 13
`(1) This section applies if-- 14
(a) before the commencement day, stamp duty under the repealed 15
Act was chargeable or paid on any of the following 16
(a "prescribed lease")-- 17
(i) a lease or agreement for lease; 18
(ii) a transaction mentioned in section 54AB(1)(b)10 of the 19
repealed Act; 20
(iii) a contract or agreement for which a statement under 21
section 64D(3)11 of the repealed Act was or should have 22
been made; and 23
(b) the rent payable in relation to the prescribed lease is increased by 24
an instrument effected on or after the day this section 25
commences. 26
9 Succession Duties Act 1892, section 43 (Duty of Registrar of Titles)
10 Section 54AB (Duty payable where no dutiable instrument) of the repealed Act
11 Section 64D (Licence to occupy premises) of the repealed Act
s 32 23 s 33
Revenue Legislation Amendment Bill 2004
`(2) The repealed Act applies to the instrument mentioned in 1
subsection (1)(b).'. 2
32 Amendment of s 537 (Reduction in vehicle registration duty)
Clause 3
Section 537(2), `worked out under section 383'-- 4
omit, insert-- 5
`assessed under section 382(2)12'. 6
33 Amendment of sch 6 (Dictionary)
Clause 7
(1) Schedule 6-- 8
insert-- 9
` "special vehicle" means any of the following-- 10
(a) a vehicle that is, or will be on its registration, registered under the 11
Transport Operations (Road Use Management--Vehicle 12
Registration) Regulation 1999, section 10A(2);13 13
(b) mobile machinery within the meaning of the Transport 14
Operations (Road Use Management--Vehicle Registration) 15
Regulation 1999, schedule 4, other than mobile machinery built 16
on a truck chassis.'. 17
(2) Schedule 6-- 18
insert-- 19
` "liable party", for chapter 12A, see section 471A. 20
"relevant lodgment requirement", for chapter 12A, see section 471B.'. 21
(3) Schedule 6, definition "existing right", paragraph (h)-- 22
omit, insert-- 23
`(h) an existing right of the holder of a mortgage, including the debt 24
secured by the mortgage, other than the holder of a 25
mortgage-backed security;'. 26
12 Section 382 (Assessment of vehicle registration duty)
13 Transport Operations (Road Use Management--Vehicle Registration)
Regulation 1999, section 10A (Conditional registration)
s 34 24 s 35
Revenue Legislation Amendment Bill 2004
(4) Schedule 6, definition "vehicle", paragraphs (b) to (d)-- 1
omit, insert-- 2
`(b) a trailer.'. 3
PART 3--AMENDMENT OF FUEL SUBSIDY ACT 1997 4
34 Act amended in pt 3
Clause 5
This part amends the Fuel Subsidy Act 1997. 6
35 Amendment of s 8 (Meaning of "off-road purpose")
Clause 7
Section 8(3)(b)-- 8
omit, insert-- 9
`(b) either-- 10
(i) before 1 July 2003, a rebate applied in relation to the diesel 11
under the Commonwealth diesel fuel rebate scheme 12
established under the Customs Act 1901 (Cwlth) and Excise 13
Act 1901 (Cwlth); or 14
(ii) on or after the day the Revenue Legislation Amendment Act 15
2004, section 35,14 commences, the purchaser is entitled to 16
an energy grant in relation to the diesel under the energy 17
grants (credits) scheme established under the Energy Grants 18
(Credits) Scheme Act 2003 (Cwlth).'. 19
14 Revenue Legislation Amendment Act 2004, section 35 (Amendment of s 8 (Meaning
of "off-road purpose"))
s 36 25 s 37
Revenue Legislation Amendment Bill 2004
PART 4--AMENDMENT OF LAND TAX ACT 1915 1
36 Act amended in pt 4
Clause 2
This part amends the Land Tax Act 1915. 3
37 Amendment of s 3 (Definitions)
Clause 4
Section 3, definition "retirement village"-- 5
omit, insert-- 6
` "retirement village" has the meaning given under the Retirement 7
Villages Act 1999, section 5.15'. 8
© State of Queensland 2004
15 Retirement Villages Act 1999, section 5 (What is a "retirement village")
AMENDMENTS TO BILL
1
Revenue Legislation Amendment Bill 2004
REVENUE LEGISLATION AMENDMENT
BILL 2004
AMENDMENT AGREED TO IN COMMITTEE
1 After clause 4--
At page 7, after line 2--
insert--
`4A Amendment of s 37 (When transaction for particular Queensland
business assets not dutiable transaction)
Section 37(3), from `aggregated with'--
omit, insert--
`aggregated with 1 or more of the following--
(a) a dutiable transaction for a Queensland business asset, other than
intellectual or personal property;
(b) a dutiable transaction for land in Queensland.'.'.
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