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PUBLIC TRUSTEE ACT 1995 - SECT 47

PUBLIC TRUSTEE ACT 1995 - SECT 47

47—Tax and other liabilities of Public Trustee

        (1)         Except as otherwise determined by the Treasurer, the Public Trustee is liable to all such rates (other than rates that would be payable to a council), duties, taxes and imposts and has all such other liabilities and duties as would apply under the law of the State if the Public Trustee were not an instrumentality of the Crown.

        (2)         Except as otherwise determined by the Treasurer, the Public Trustee is liable to pay to the Treasurer, for the credit of the Consolidated Account, such amounts as the Treasurer from time to time determines to be equivalent to—

            (a)         income tax and any other taxes or imposts that the Public Trustee does not pay to the Commonwealth but would be liable to pay under the law of the Commonwealth if it were constituted and organised in such manner as the Treasurer determines to be appropriate for the purposes of this subsection as a public company or group of public companies carrying on the business carried on by the Public Trustee; and

            (b)         rates that the Public Trustee would be liable to pay to a council if the Public Trustee were not an instrumentality of the Crown.

        (3)         Amounts determined by the Treasurer to be payable under subsection (2) must be paid by the Public Trustee at the times and in the manner determined by the Treasurer.

        (4)         This section does not affect any liability that the Public Trustee would have apart from this section to pay rates to a council.