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PARLIAMENT OF VICTORIA
State Taxation (Further Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--BUSINESS FRANCHISE (PETROLEUM PRODUCTS)
ACT 1979 3
3. Payments by Treasurer 3
4. Diesel fuel exemption certificate 3
5. New sections 20A and 20B inserted 3
20A. Liability to repay certain money 3
20B. Offences 4
PART 3--FINANCIAL INSTITUTIONS DUTY ACT 1982 6
6. New definition of broker 6
7. Non-bank financial institutions 6
8. New section 29A inserted 6
29A. Duration of certificate of approval 6
PART 4--LAND TAX ACT 1958 8
9. Release of information 8
10. Principal place of residence 8
PART 5--LIQUOR CONTROL ACT 1987 9
11. Payment of subsidies 9
PART 6--PAY-ROLL TAX ACT 1971 10
12. Definitions 10
13. Amendment of section 3C 11
14. New section 3D inserted 11
3D. Employment agents 11
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532111B.I1-26/10/98
Clause Page
15. New sections 3E and 3F inserted 13
3E. Special arrangements for payment of tax by employment
agents on behalf of clients 13
3F. Agreement to reduce or avoid liability for pay-roll tax 14
16. Nominated member of group 15
17. Exemption from pay-roll tax 16
18. New section 10A inserted 16
10A. Local government business entities 16
PART 7--STAMPS ACT 1958 18
19. Definitions 18
20. Duty on SCH-regulated transfers 19
21. Insurance duty 20
22. New subdivision (16) of Division 3 of Part II substituted-- 20
(16) Motor vehicle and heavy trailer registration 21
137A. Definitions 21
137AB. Lodgment of statement of dutiable value 23
137AC. Who is liable to pay the duty? 23
137AD. When does duty become payable? 23
137AE. What is the dutiable value of a motor vehicle or heavy
trailer? 23
137AF. Prohibition on registration of motor vehicles and heavy
trailers 24
137AG. Registration of motor traders and dealers 24
137AH. Cessation of business and cancellation of registration 25
137AI. Register of used car dealers 25
137AJ. Endorsement of code number on application 26
137AK. Monthly returns and payment of duty 26
137AL. Recovery of duty by registered used car dealer 26
137AM. Unauthorised endorsement of code number 27
137AN. Duty on statement of change of use 27
137AO. Duty on statement of acquisition 28
137AP. Entitlement to refund 29
137AQ. Transitional provision 29
23. New Heading XXI in Third Schedule substituted 30
24. Marketable security duty 36
25. Sales of sheep and goats 38
26. Consequential amendment of State Taxation (Further
Amendment) Act 1995 38
PART 8--TAXATION ADMINISTRATION ACT 1997 39
27. Special arrangements may include interest 39
28. Permitted disclosures of information 39
29. Objection 39
ii
532111B.I1-26/10/98
Clause Page
30. Certificate evidence 40
31. Statute law revision 40
NOTES 41
iii
532111B.I1-26/10/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Business Franchise (Petroleum Products) Act 1979,
the Financial Institutions Duty Act 1982, the Land Tax Act 1958,
the Liquor Control Act 1987, the Pay-roll Tax Act 1971, the
Stamps Act 1958 and the Taxation Administration Act 1997 and for
other purposes.
State Taxation (Further Amendment)
Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make certain
amendments to the Business Franchise
5 (Petroleum Products) Act 1979, the Financial
1
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
s. 2
Act No.
Institutions Duty Act 1982, the Land Tax Act
1958, the Liquor Control Act 1987, the Pay-roll
Tax Act 1971, the Stamps Act 1958 and the
Taxation Administration Act 1997.
5 2. Commencement
(1) This Part, Part 2, Part 3 (except section 6), Part 4
(except section 10), sections 16 and 21 and Part 8
(except sections 27 and 30) come into operation
on the day on which this Act receives the Royal
10 Assent.
(2) Part 5 is deemed to have come into operation at
3.30 p.m. on 6 August 1997.
(3) Section 10 is deemed to have come into operation
on 26 May 1998.
15 (4) Sections 17 and 18 are deemed to have come into
operation on 1 July 1998.
(5) Sections 6 and 19(1) are deemed to have come
into operation on 13 October 1998.
(6) Sections 19(2), 20, 24, 25 and 26 come into
20 operation on 1 January 1999.
(7) Sections 12, 13, 14, 15, 22, 23, 27 and 30 come
into operation on a day or days to be proclaimed.
_______________
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State Taxation (Further Amendment) Act 1998
s. 3
Act No.
PART 2--BUSINESS FRANCHISE (PETROLEUM
PRODUCTS) ACT 1979
No. 9272.
3. Payments by Treasurer
Reprint No. 4
After section 17(2) of the Business Franchise as at 19
March 1998.
5 (Petroleum Products) Act 1979 insert--
"(3) If the Treasurer pays an amount to a person
under this section that exceeds the amount
due to that person, the overpayment may be
off-set against future payments to that person
10 under this section.".
4. Diesel fuel exemption certificate
After section 19(6) of the Business Franchise
(Petroleum Products) Act 1979 insert--
"(7) The holder of an exemption certificate must
15 return it to the Commissioner if the holder
does not expect to purchase diesel fuel at any
time during the remaining period of validity
of the certificate for use otherwise than for
propelling diesel engined road vehicles on a
20 road.".
5. New sections 20A and 20B inserted
After section 20 of the Business Franchise
(Petroleum Products) Act 1979 insert--
"20A. Liability to repay certain money
25 (1) A person who purchases diesel fuel at a price
at which the diesel fuel is offered for sale to
the holder of an exemption certificate and
who--
(a) at the time of the purchase produces to
30 the seller of the diesel fuel, or to an
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State Taxation (Further Amendment) Act 1998
s. 5
Act No.
agent of the seller, an exemption
certificate that has been revoked or that
was not issued to the purchaser; or
(b) at the time of the purchase gives the
5 seller of the diesel fuel, or an agent of
the seller, false particulars of an
exemption certificate; or
(c) seeks to obtain the diesel fuel at that
price by fraudulent means; or
10 (d) uses the diesel fuel for propelling diesel
engined road vehicles on roads--
is liable to pay as a debt due to the State an
amount calculated in accordance with the
formula--
A=L×M
15
where--
A is the amount in dollars;
L is the number of litres of diesel fuel
purchased;
20 M is 0·08149 or such other multiplier as is
prescribed.
20B. Offences
(1) A person who purchases diesel fuel and who
at the time of that purchase--
25 (a) is not the holder of a current exemption
certificate; and
(b) represents to the seller of the diesel fuel
or an agent of the seller that the person
is such a holder--
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State Taxation (Further Amendment) Act 1998
s. 5
Act No.
is guilty of an offence.
Penalty: 600 penalty units in the case of a
body corporate.
120 penalty units in any other
5 case.
(2) A person who--
(a) purchases diesel fuel as the holder, or
purported holder, of an exemption
certificate; and
10 (b) uses, or authorises or permits the use
of, the diesel fuel for propelling diesel
engined road vehicles on a road--
is guilty of an offence.
Penalty: 600 penalty units in the case of a
15 body corporate.
120 penalty units in any other
case.".
_______________
5
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State Taxation (Further Amendment) Act 1998
s. 6
Act No.
PART 3--FINANCIAL INSTITUTIONS DUTY ACT 1982
No. 9850. 6. New definition of broker
Reprint No. 3
In section 3(1) of the Financial Institutions Duty
as at
22 August
Act 1982, for the definition of "broker"
1997.
5 substitute--
Subsequently
amended by
Nos 84/1996, ' "broker" means a person (other than a bank)
43/1997,
who is a broker within the meaning of the
86/1997 and
48/1998. Business Rules of Australian Stock
Exchange Limited;'.
10 7. Non-bank financial institutions
In section 25(12) of the Financial Institutions
Duty Act 1982, in the definition of "non-bank
financial institution", for paragraph (d)
substitute--
15 "(d) a charitable institution other than a tertiary
educational institution;
(da) a public hospital;
(db) a State school;
(dc) the trustees for the time being of a trust the
20 capital and income of which may not be
applied otherwise than for charitable
purposes;".
8. New section 29A inserted
After section 29 of the Financial Institutions
25 Duty Act 1982 insert--
"29A. Duration of certificate of approval
A certificate of approval under this Part--
(a) comes into force on the day specified in
it (which may be a day before the day
30 on which it is issued); and
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State Taxation (Further Amendment) Act 1998
s. 8
Act No.
(b) remains in force for the period specified
in it (if any) or until it is cancelled
under this Part.".
_______________
5
7
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State Taxation (Further Amendment) Act 1998
s. 9
Act No.
PART 4--LAND TAX ACT 1958
No. 6289. 9. Release of information
Reprint No. 9
In section 4(4) of the Land Tax Act 1958, before
as at 26 May
1998. Further
paragraph (d) insert--
amended by
Nos 35/1998,
5 "(a) a member of the police force of or above the
46/1998 and
52/1998. rank of Inspector; or".
10. Principal place of residence
(1) In section 13H(1) and (2) of the Land Tax Act
1958 for "has paid" substitute "was assessed for
10 and paid".
(2) In section 13H of the Land Tax Act 1958 for sub-
section (3) substitute--
'(3) If--
(a) an owner or trustee is entitled under
15 sub-section (1) or (2) to a refund of tax
in respect of 1999 or any subsequent
year ("the tax year") in respect of land;
and
(b) the owner or trustee was assessed for
20 and paid tax in respect of that land in
respect of the year preceding the tax
year; and
(c) the owner or trustee was not entitled to
an exemption under this Part in respect
25 of any other land in respect of the year
preceding the tax year--
the owner or trustee is entitled to a refund of
the tax referred to in paragraph (b).'.
_______________
30
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State Taxation (Further Amendment) Act 1998
s. 11
Act No.
PART 5--LIQUOR CONTROL ACT 1987
No. 97/1987.
11. Payment of subsidies
Reprint No. 4
In section 119A(1)(b) of the Liquor Control Act as at 24 April
1998. Further
1987, after "licences" insert "(whether granted amended by
5 under the law of this State or of another State or Nos 46/1998
and 52/1998.
Territory)".
_______________
9
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State Taxation (Further Amendment) Act 1998
s. 12
Act No.
PART 6--PAY-ROLL TAX ACT 1971
No. 8154. 12. Definitions
Reprint No. 6
(1) In section 3(1) of the Pay-roll Tax Act 1971--
as at
22 August
1997. Further (a) for the definition of "employer" substitute--
amended by
Nos 80/1997,
5 ' "employer" means any person who pays or
86/1997 and
is liable to pay any wages and
48/1998.
includes--
(a) the Crown in right of the State of
Victoria;
10 (b) any person deemed to be an
employer by section 3C, 3D or
3F;
(c) any public, local or municipal
body or authority constituted
15 under the law of the
Commonwealth or a State unless,
being an authority constituted
under the law of the
Commonwealth, it is immune
20 from the operation of this Act;';
(b) after the definition of "employer" insert--
' "employment agency contract" has the
meaning given in section 3D(1);
"employment agent" has the meaning
25 given in section 3D(1);'.
(2) In section 3(1) of the Pay-roll Tax Act 1971, in
the definition of ''wages"--
(a) after "deemed by section 3C" insert ", 3D or
3F";
30 (b) in paragraph (ba), after "section 3C" insert
", 3D or 3F".
10
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State Taxation (Further Amendment) Act 1998
s. 13
Act No.
13. Amendment of section 3C
(1) In section 3C(1)(e)(v) of the Pay-roll Tax Act
1971, after "public generally" insert "in that
financial year".
5 (2) After section 3C(1) of the Pay-roll Tax Act 1971
insert--
"(1A) For the purposes of this section, an
employment agency contract under which
services are supplied by an employment
10 agent, or a service provider is procured by an
employment agent, is not a relevant
contract.".
14. New section 3D inserted
After section 3C of the Pay-roll Tax Act 1971
15 insert--
'3D. Employment agents
(1) In this section--
"contract" includes agreement, arrangement
and undertaking;
20 "employment agency contract" means a
contract, whether formal or informal
and whether express or implied under
which a person ("employment agent")
procures the services of another person
25 ("service provider") for a client of the
employment agent, other than--
(a) a contract under or in respect of
which--
(i) the employment agent does
30 not, and is not entitled to,
receive any payment, other
than a lump sum payment;
and
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State Taxation (Further Amendment) Act 1998
s. 14
Act No.
(ii) that lump sum payment is
not a payment in respect of
the services provided by the
service provider to the client
5 of the employment agent; or
(b) a contract that results in, or that is
made in circumstances that result
in, a contract of employment
being created between the service
10 provider and the client.
(2) For the purposes of this Act--
(a) a client for whom services are procured
under an employment agency contract
is deemed to be an employer; and
15 (b) the person who performs work for or in
relation to which services are provided
to the client under that employment
agency contract is deemed to be an
employee of the client; and
20 (c) subject to sub-section (3), any amount
paid or payable by the client in respect
of the provision of services by the
service provider in connection with the
employment agency contract is deemed
25 to be wages paid or payable by the
client under the employment agency
contract.
(3) Sub-section (2)(c) does not apply to an
amount paid or payable in respect of the
30 provision of services by the service provider
to a client in connection with an employment
agency contract in any month in which the
person who performs work for or in relation
to which services are provided to the client
35 does so on less than 8 days.
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State Taxation (Further Amendment) Act 1998
s. 15
Act No.
(4) If an amount referred to in sub-section (2)(c)
is included in a larger amount paid or
payable by a client in connection with an
employment agency contract, that part of the
5 larger amount that is not attributable to the
provision of services in connection with the
employment agency contract may be
prescribed by the regulations.
(5) If, in respect of a payment that is deemed to
10 be wages under this section, pay-roll tax is
paid by or on behalf of the client--
(a) no other person is liable to pay pay-roll
tax in respect of that payment; and
(b) if another person is liable to make a
15 payment in respect of the provision of
services to which the payment relates,
that person is not liable for pay-roll tax
in respect of that payment unless any of
the payments is made with an intention,
20 either directly or indirectly, of avoiding
or evading the payment of tax by any
person.'.
15. New sections 3E and 3F inserted
After section 3D of the Pay-roll Tax Act 1971
25 insert--
"3E. Special arrangements for payment of tax by
employment agents on behalf of clients
(1) Subject to sub-section (2), if--
(a) the Commissioner has approved a
30 special arrangement under Division 2
of Part 6 of the Taxation
Administration Act 1997 for the
payment of pay-roll tax on behalf of a
client by an employment agent; and
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State Taxation (Further Amendment) Act 1998
s. 15
Act No.
(b) a client pays an amount in respect of
pay-roll tax to an employment agent as
part of that special arrangement--
the client is relieved from any further
5 liability for pay-roll tax in respect of that
amount.
(2) Sub-section (1) does not apply if the effect of
the employment agency contract is to reduce
or avoid the liability of the client to the
10 assessment, imposition or payment of pay-
roll tax (otherwise than as provided by sub-
section (1)).
(3) This section has effect in relation to
employment agency contracts made before,
15 on or after the commencement of section 15
of the State Taxation (Further
Amendment) Act 1998.
3F. Agreement to reduce or avoid liability for
pay-roll tax
20 (1) If any person enters into an employment
agency contract and the effect of the contract
is to reduce or avoid the liability of any
person to the assessment, imposition or
payment of pay-roll tax, the Commissioner
25 may--
(a) disregard the contract; and
(b) determine that any party to the contract
is deemed to be an employer for the
purposes of this Act; and
30 (c) determine that any payment made in
respect of the contract is deemed to be
wages for the purposes of this Act.
(2) If the Commissioner makes a determination
under sub-section (1), the Commissioner
35 must serve a notice to that effect on the
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State Taxation (Further Amendment) Act 1998
s. 16
Act No.
person deemed to be an employer for the
purposes of this Act and must set out in the
notice the facts on which the Commissioner
relies and the reasons for making the
5 determination.
(3) This section has effect in relation to
employment agency contracts made before,
on or after the commencement of section 15
of the State Taxation (Further
10 Amendment) Act 1998.".
16. Nominated member of group
(1) In section 9A(4)(a) of the Pay-roll Tax Act
1971--
(a) after "and notice" insert "in accordance with
15 sub-section (4A)";
(b) in sub-paragraph (i), after "being a notice"
insert "in accordance with sub-section
(4A)";
(c) in sub-paragraph (ii), after "by notice" insert
20 "in accordance with sub-section (4A)";
(d) in sub-paragraph (iii), after "notice of
objection" insert "in accordance with sub-
section (4A)".
(2) After section 9A(4) of the Pay-roll Tax Act 1971
25 insert--
"(4A) A notice of nomination, or of revocation or
objection to a nomination, of a member of a
group under sub-section (4)(a) must be in
writing, be dated and include--
30 (a) the name and address of each member
of the group making, revoking or
objecting to the nomination; and
(b) the date on which the group came into
existence; and
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State Taxation (Further Amendment) Act 1998
s. 17
Act No.
(c) the name and address of the member of
the group in respect of whom the notice
is given; and
(d) in the case of a notice of nomination,
5 the date on which the member of the
group became such a member.".
17. Exemption from pay-roll tax
After section 10(1)(k) of the Pay-roll Tax Act
1971 insert--
10 "(l) subject to section 10A, by a body corporate
to a person for or in connection with an
activity conducted for a municipal council,
or for 2 or more municipal councils, under a
written arrangement between the body
15 corporate and the municipal council or
municipal councils.".
18. New section 10A inserted
After section 10 of the Pay-roll Tax Act 1971
insert--
20 "10A. Local government business entities
The exemption under section 10(1)(l)--
(a) does not apply to wages paid or payable
for or in connection with an activity
referred to in section 10(1)(e);
25 (b) does not apply unless the body
corporate is a wholly-owned subsidiary
(within the meaning of the
Corporations Law) of the municipal
council or municipal councils;
30 (c) does not apply unless the
Commissioner is satisfied--
(i) that the arrangement between the
body corporate and the municipal
16
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State Taxation (Further Amendment) Act 1998
s. 18
Act No.
council or municipal councils
includes provisions for the
payment by the body corporate to
the municipal council or
5 municipal councils of amounts
approximately equivalent to the
amount of pay-roll tax that would
be payable by the body corporate
under this Act but for the
10 exemption; and
(ii) that those provisions are being
complied with.".
_______________
17
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State Taxation (Further Amendment) Act 1998
s. 19
Act No.
PART 7--STAMPS ACT 1958
No. 6375. 19. Definitions
Reprint No. 14
(1) In section 3 of the Stamps Act 1958 for the
as at
1 September
definition of "broker" substitute--
1997. Further
amended by
5 ' "broker" means a person who is a broker within
Nos 84/1996,
86/1997, the meaning of the Business Rules of
46/1998,
Australian Stock Exchange Limited;'.
48/1998 and
52/1998.
(2) In section 3 of the Stamps Act 1958--
(a) insert the following definitions--
10 ' "Australian register" has the same
meaning as in the Corporations Law;
"de facto spouse" means a person who is
living with a person of the opposite sex
as if they were married although they
15 are not;
"instalment warrant" means a warrant--
(a) that is issued by the warrant issuer
in accordance with the Business
Rules of Australian Stock
20 Exchange Limited; and
(b) that is an option contract within
the meaning of section 9 of the
Corporations Law; and
(c) that provides beneficial ownership
25 in respect of marketable securities
that are quoted on the market
operated by Australian Stock
Exchange Limited; and
(d) that provides legal ownership of
30 marketable securities to the
warrant holder on payment of the
final instalment, being a payment
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State Taxation (Further Amendment) Act 1998
s. 20
Act No.
that the warrant holder makes
under the terms of issue of the
warrant;
"warrant-issuer" means a person who is a
5 warrant-issuer under the Business
Rules of Australian Stock Exchange
Limited;';
(b) in the definition of "marketable security"
after paragraph (e) insert--
10 "(f) any instalment warrant;".
20. Duty on SCH-regulated transfers
In section 60EA of the Stamps Act 1958 for
paragraph (c) substitute--
"(c) the security is--
15 (i) a share, or a right or CUFS in respect of
a share, in a Victorian registered
company; or
(ii) a share, or a right or CUFS in respect of
a share, in a corporation incorporated
20 outside Australia, being a share that is
kept on the Australian register kept in
Victoria; or
(iii) a right or interest (whether described as
a unit or sub-unit or otherwise), or a
25 CUFS in respect of a right or interest,
of a beneficiary under a unit trust
scheme, being a right or interest that is
registered on a register kept in Victoria;
or
30 (iv) a right or interest (whether described as
a unit or sub-unit or otherwise), or a
CUFS in respect of a right or interest,
of a beneficiary under a unit trust
scheme, being a right or interest that is
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State Taxation (Further Amendment) Act 1998
s. 21
Act No.
not registered on a register kept in
Australia but in respect of which the
manager (or, if there is no manager, the
trustee) of the unit trust scheme--
5 (A) is a Victorian registered company;
or
(B) is a natural person resident in
Victoria; or
(v) an IR in respect of a share in a
10 Victorian registered company; or
(vi) an instalment warrant providing
beneficial ownership in respect of
shares in a Victorian registered
company; and".
15 21. Insurance duty
(1) In section 99 of the Stamps Act 1958 for sub-
section (1) substitute--
"(1) For the purposes of section 97, the premiums
chargeable with stamp duty are all premiums
20 for assurance or insurance business that are
applicable to--
(a) property in Victoria; or
(b) a risk, contingency or event concerning
an act or omission that, in the normal
25 course of events, may occur within or
partly within Victoria.".
(2) In section 99 of the Stamps Act 1958 sub-section
(2) is repealed.
(3) Section 110 of the Stamps Act 1958 is repealed.
30 22. New subdivision (16) of Division 3 of Part II
substituted--
For subdivision (16) of Division 3 of Part II of the
Stamps Act 1958 substitute--
20
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State Taxation (Further Amendment) Act 1998
s. 22
Act No.
'(16) Motor vehicle and heavy trailer
registration
137A. Definitions
In this subdivision and Heading XXI in the
5 Third Schedule--
"application for registration" means an
application for registration of a motor
vehicle or heavy trailer under the Road
Safety Act 1986 if--
10 (a) the vehicle or trailer has not
previously been registered under
that Act; or
(b) the person in whose name the
vehicle or trailer is to be
15 registered differs from the person
in whose name the vehicle or
trailer was last registered;
"application for transfer of registration"
means an application for the transfer of
20 registration of a motor vehicle or heavy
trailer under the Road Safety Act
1986;
"heavy trailer" means a trailer or
semi-trailer within the meaning of the
25 Road Safety Act 1986 with an MRC
exceeding 4·5 tonnes;
"licensed motor car trader" has the same
meaning as in the Motor Car Traders
Act 1986;
30 "motor vehicle" means a motor vehicle
within the meaning of the Road Safety
Act 1986;
"MRC" has the same meaning as in the
Schedule to the Road Transport
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State Taxation (Further Amendment) Act 1998
s. 22
Act No.
Charges (Australian Capital Territory)
Act 1993 of the Commonwealth;
"passenger car" means--
(a) a motor vehicle constructed
5 principally for the carriage of
passengers; or
(b) a motor vehicle that--
(i) is designed principally for
the conveyance of not more
10 than 8 adults; and
(ii) is constructed either on a
truck chassis or with special
features for off-road
operation--
15 but does not include--
(c) a motor cycle; or
(d) a motor vehicle having a utility or
panel van type body in which the
forward part of the body form and
20 the greater part of the mechanical
equipment are the same as those
in a passenger car manufactured
by the manufacturer of the motor
vehicle; or
25 (e) a motor vehicle constructed for
the carriage of passengers and
equipped to seat more than
8 adults (including the driver);
"registered operator" has the same
30 meaning as in the Road Safety Act
1986;
"registered used car dealer" means a
person registered under section 137AG;
22
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State Taxation (Further Amendment) Act 1998
s. 22
Act No.
"special dealer" means a person who would
be a motor car trader within the
meaning of the Motor Car Traders
Act 1986 but for the fact that the motor
5 vehicles in which the person trades are
not motor cars within the meaning of
that Act.
137AB. Lodgment of statement of dutiable value
(1) A person who is required by law to make an
10 application for registration or transfer of
registration of a motor vehicle or heavy
trailer under the Road Safety Act 1986 must
lodge with the application a statement of the
dutiable value of the motor vehicle or heavy
15 trailer, unless the application is exempt from
duty under this Act.
(2) A statement of the dutiable value is to be in a
form approved by the Comptroller.
137AC. Who is liable to pay the duty?
20 (1) Duty on an application for registration of a
motor vehicle or heavy trailer is payable by
the applicant for registration.
(2) Duty on an application for transfer of
registration of a motor vehicle or heavy
25 trailer is payable by the acquirer of the
vehicle or trailer.
137AD. When does duty become payable?
Duty becomes payable on the making of the
application for registration or transfer of
30 registration of the motor vehicle or heavy
trailer.
137AE. What is the dutiable value of a motor
vehicle or heavy trailer?
23
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State Taxation (Further Amendment) Act 1998
s. 22
Act No.
The "dutiable value" of a motor vehicle or
heavy trailer is--
(a) the consideration in money or money's
worth given for the acquisition of the
5 motor vehicle or heavy trailer; or
(b) the price at which the motor vehicle or
heavy trailer might reasonably be sold,
free from encumbrances, in the open
market--
10 whichever is the greater.
137AF. Prohibition on registration of motor
vehicles and heavy trailers
(1) The registration authority must not register a
motor vehicle or heavy trailer unless--
15 (a) a statement of the dutiable value of the
motor vehicle or heavy trailer is lodged
in accordance with section 137AB and
duty is duly paid on the application; or
(b) the application for registration of the
20 motor vehicle or heavy trailer is exempt
from duty under this Act.
(2) In this section "registration authority"
means the person who has the responsibility
for the registration of motor vehicles or
25 heavy trailers in Victoria.
137AG. Registration of motor traders and dealers
(1) The Comptroller of Stamps, on written
application by a licensed motor car trader or
a special dealer, must register the trader or
30 dealer as a registered used car dealer and
give the trader or dealer a code number.
(2) The Comptroller must give written notice of
registration to the trader or dealer.
24
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State Taxation (Further Amendment) Act 1998
s. 22
Act No.
(3) Registration has effect on and from the date
specified in the notice under sub-section (2).
137AH. Cessation of business and cancellation of
registration
5 (1) A registered used car dealer who--
(a) ceases to be a licensed motor car trader
or special dealer (as the case may be);
or
(b) wishes to cease being registered under
10 section 137AG--
must give written notice to the Comptroller
of Stamps before or forthwith on so ceasing
and must lodge the return required to be
lodged under section 137AK and pay the
15 duty required to be paid on that return, on or
before the 21st day of the month following
the month in which the notice is given.
(2) The Comptroller may cancel the registration
of a registered used car dealer--
20 (a) on receipt of a notice under sub-section
(1); or
(b) if the Comptroller is satisfied that the
dealer has ceased to be a licensed motor
car trader or special dealer (as the case
25 may be).
137AI. Register of used car dealers
(1) The Comptroller must keep a register of
registered used car dealers.
(2) Anyone may inspect the register without
30 charge at the Comptroller's principal office
during the hours that office is open to the
public.
25
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State Taxation (Further Amendment) Act 1998
s. 22
Act No.
137AJ. Endorsement of code number on
application
When a registered used car dealer disposes
of a motor vehicle or heavy trailer that is
5 registered under the Road Safety Act 1986
to another person (whether or not the dealer
is the registered operator of the vehicle or
trailer), the dealer must endorse the dealer's
code number on the application for transfer
10 of registration of the vehicle or trailer.
Penalty: 100 penalty units.
137AK. Monthly returns and payment of duty
(1) A registered used car dealer must, on or
before the 21st day of each month--
15 (a) lodge a return with the Comptroller of
Stamps; and
(b) pay to the Comptroller as stamp duty
on the return an amount equal to the
duty that would have been payable
20 under this Act on applications for
transfer of registration of motor
vehicles and heavy trailers disposed of
by the dealer during the preceding
month, but for exemption (4) under
25 Heading XXI in the Third Schedule.
(2) A "nil" return must be lodged if nothing has
happened in the preceding month to require
the registered used car dealer to pay duty
under this section.
30 (3) The Comptroller may require a return under
this section to be verified in the manner
approved by the Comptroller.
137AL. Recovery of duty by registered used car
dealer
26
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State Taxation (Further Amendment) Act 1998
s. 22
Act No.
(1) A registered used car dealer may require a
person who acquires a motor vehicle or
heavy trailer from the dealer to pay the
dealer an amount equal to the duty payable
5 by the dealer under section 137AK(1)(b) by
reference to the motor vehicle or heavy
trailer.
(2) The requirement is duly made if it is
contained in a written request given to the
10 person that specifies the amount of the duty.
(3) If the amount is not paid to the registered
used car dealer, the dealer may recover it
from the person as a debt.
137AM. Unauthorised endorsement of code number
15 A person must not endorse the code number
of a registered used car dealer on an
application for transfer of registration of a
motor vehicle or heavy trailer unless the
person is required to do so by or under this
20 subdivision.
Penalty: 100 penalty units.
137AN. Duty on statement of change of use
(1) This section imposes duty if--
(a) there is a change in the predominant
25 use of a motor vehicle or heavy trailer
the last application for registration or
transfer of registration of which was
exempt from duty under Heading XXI
in the Third Schedule because of the
30 use of the vehicle or trailer; and
(b) an application for registration or
transfer of registration of the vehicle or
trailer in Victoria is not made in
connection with the change of use.
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State Taxation (Further Amendment) Act 1998
s. 22
Act No.
(2) Within 14 days after there is a change in the
predominant use of a motor vehicle or heavy
trailer of the kind referred to in sub-section
(1), the registered operator of the vehicle or
5 trailer must--
(a) lodge with the Comptroller of Stamps a
statement of the change in the use; and
(b) pay duty at the rate of $8 per $200, or
part, of the dutiable value of the vehicle
10 or trailer at the time the change
occurred.
137AO. Duty on statement of acquisition
(1) This section imposes duty on the acquisition
of a motor vehicle or heavy trailer if an
15 application for transfer of registration of the
vehicle or trailer is not made within the time
required for the lodgment of that application
under the Road Safety Act 1986 or
regulations under that Act.
20 (2) If a person acquires a motor vehicle or heavy
trailer and does not make an application for
transfer of registration of the vehicle or
trailer within the time required for the
lodgment of that application under the Road
25 Safety Act 1986 or regulations under that
Act, the person must, within 7 days after the
expiry of that time--
(a) lodge with the Comptroller of Stamps a
statement of the acquisition; and
30 (b) pay duty at the rate of $8 per $200, or
part, of the dutiable value of the vehicle
or trailer at the time of the acquisition.
(3) If an application referred to in sub-section
(2) is subsequently made and duty is paid on
35 the application or the application is not
28
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State Taxation (Further Amendment) Act 1998
s. 22
Act No.
chargeable with duty, the person is entitled
to a refund of duty paid on the statement
under sub-section (2).
137AP. Entitlement to refund
5 (1) A person is entitled to a refund of duty paid
by the person on an application for
registration or transfer of registration of a
motor vehicle or heavy trailer if--
(a) the application is exempt from or not
10 chargeable with duty; or
(b) after the duty is paid the application is
refused; or
(c) after the duty is paid--
(i) the proposed acquisition of the
15 motor vehicle or heavy trailer
does not proceed; and
(ii) the vehicle or trailer has been
returned to the person from whom
it was proposed to be acquired;
20 and
(iii) all money refundable as a result of
the acquisition not proceeding has
been refunded to the person who
proposed to acquire the vehicle or
25 trailer.
(2) A person is entitled to a refund of that part of
the duty paid by the person on an application
for registration or transfer of registration of a
motor vehicle or heavy trailer that is
30 overpaid.
137AQ. Transitional provision
29
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
s. 23
Act No.
For the purposes of exemption (4) under
Heading XXI in the Third Schedule, a
reference to a previous application to transfer
registration of a motor vehicle or heavy
5 trailer includes a reference to a previous
notice of acquisition of the vehicle or trailer
within the meaning of section 137A as in
force immediately before the commencement
of section 22 of the State Taxation
10 (Further Amendment) Act 1998.'.
23. New Heading XXI in Third Schedule substituted
For Heading XXI in the Third Schedule to the
Stamps Act 1958 substitute--
"XXI--APPLICATIONS FOR REGISTRATION
15 AND TRANSFER OF REGISTRATION OF
MOTOR VEHICLES AND HEAVY TRAILERS
1. On an application for registration of a motor
vehicle or heavy trailer that has not
previously been registered in Victoria or
20 elsewhere--
(a) for a passenger car the dutiable value of
which exceeds $35 000 but does not
exceed $45 000--$8 per $200, or part,
of the dutiable value of the vehicle;
25 (b) for a passenger car the dutiable value of
which exceeds $45 000--$10 per $200,
or part, of the dutiable value of the
vehicle;
(c) in any other case--$5 per $200, or part,
30 of the dutiable value of the vehicle or
trailer.
2. On an application for registration of a motor
vehicle or heavy trailer (other than an
application referred to in clause 1) or an
30
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
s. 23
Act No.
application for transfer of registration of a
motor vehicle or heavy trailer--$8 per $200,
or part, of the dutiable value of the vehicle or
trailer.
5 Exemptions--
(1) An application for transfer of registration of
a motor vehicle or heavy trailer made by a
person who is beneficially entitled to the
vehicle or trailer following the death of the
10 person in whose name it was registered in
Victoria.
(2) An application for registration or transfer of
registration of a motor vehicle or heavy
trailer made by a surviving spouse or de
15 facto spouse who has acquired the vehicle or
trailer through an entitlement to the whole or
part of the estate of the deceased spouse or
de facto spouse.
(3) An application for registration or transfer of
20 registration of a motor vehicle or heavy
trailer made by the executor or administrator
of a deceased estate for the purpose of--
(a) subsequently transferring the vehicle or
trailer to a person who is beneficially
25 entitled to it; or
(b) enabling the subsequent sale of the
vehicle or trailer in the course of
winding up the estate.
(4) An application for transfer of registration of
30 a motor vehicle or heavy trailer made by a
person (other than a registered used car
dealer) who acquires the vehicle or trailer
from a registered used car dealer if--
(a) duty under this Heading has been paid
35 on an application for registration, or a
31
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
s. 23
Act No.
previous application to transfer the
registration of, the vehicle or trailer; or
(b) the vehicle has been used otherwise
than solely for sale and duty under this
5 Heading has not been paid on an
application for registration, or a
previous application to transfer the
registration of, the vehicle or trailer.
(5) An application by a registered used car
10 dealer who carries on a business of dealing
in motor vehicles for transfer of registration
of a motor vehicle or heavy trailer--
(a) in the course of, and for the purpose of
carrying on that business; and
15 (b) solely for the purpose of the sale of the
vehicle or trailer.
(6) An application by a registered used car
dealer who carries on a business of dealing,
for the purpose of sale by retail, in motor
20 vehicles or heavy trailers for transfer of
registration of a motor vehicle or heavy
trailer--
(a) in the course of, and for the purpose of
carrying on that business and solely or
25 primarily for the purpose of either or
both of the following--
(i) the sale of the vehicle or trailer;
(ii) the use of the vehicle or trailer for
the purpose of the sale of another
30 motor vehicle or heavy trailer of
the same class; or
(b) solely or primarily for the purpose of
the provision of the vehicle or trailer to
a secondary educational institution for
35 use for driver education purposes.
32
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
s. 23
Act No.
(7) An application by a licensed motor car trader
who carries on a business of dealing in motor
vehicles or heavy trailers for registration of a
motor vehicle or heavy trailer--
5 (a) in the course of, and for the purpose of
carrying on that business; and
(b) solely for the purpose of the sale of the
vehicle or trailer.
(8) An application by a licensed motor car trader
10 who carries on a business of dealing, for the
purpose of sale by retail, in motor vehicles or
heavy trailers for registration of a motor
vehicle or heavy trailer--
(a) in the course of, and for the purpose of
15 carrying on that business and solely or
primarily for the purpose of either or
both of the following--
(i) the sale of the vehicle or trailer;
(ii) the use of the vehicle or trailer for
20 the purpose of the sale of another
motor vehicle or heavy trailer of
the same class; or
(b) solely or primarily for the purpose of
the provision of the vehicle or trailer to
25 a secondary educational institution for
use for driver education purposes.
(9) An application for registration or transfer of
registration of a motor vehicle or heavy
trailer made by a person who holds a licence
30 under a law of another State or a Territory
that corresponds to the Motor Car Traders
Act 1986 but does not hold a licence under
that Act if the application is made in the
course of carrying out the business to which
35 the licence relates.
33
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
s. 23
Act No.
(10) An application for registration or transfer of
registration of a motor vehicle or heavy
trailer made by a person if a fee would not be
payable under the Road Safety Act 1986 or
5 regulations under that Act on a transfer of
registration of the vehicle or trailer to that
person.
(11) An application for transfer of registration of
a motor vehicle or heavy trailer made by a
10 shareholder of a company in the course of a
distribution of assets of the company as a
consequence of the winding up or the
reduction of the capital of the company.
(12) An application for registration or transfer of
15 registration of a motor vehicle or heavy
trailer made to effect a transfer of the vehicle
or trailer from one person to another person,
or from two people to one of them or from
one person to themselves and another person
20 if--
(a) both people are married to each other;
or
(b) both people have been married to each
other and the Comptroller is satisfied
25 that the transfer was made because of
the breakdown of the marriage; or
(c) both people are de facto spouses of
each other; or
(d) both people have been de facto spouses
30 of each other and the Comptroller is
satisfied that the transfer was made
because of the breakdown of their
relationship as de facto spouses--
34
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
s. 23
Act No.
and no other person takes or is entitled to
take an interest in the vehicle or trailer under
the transfer.
(13) An application for registration or transfer of
5 registration of a motor vehicle or heavy
trailer made by a person if the Comptroller is
satisfied that--
(a) the application is made solely to
transfer the vehicle or trailer to a trustee
10 under an instrument of settlement; and
(b) the instrument of settlement is made
because of the breakdown of the
marriage of the settlor; and
(c) the person from whom the vehicle or
15 trailer was acquired was a party to the
marriage; and
(d) no person other than a party to the
marriage or a child of a party to the
marriage is a beneficiary under the
20 instrument of settlement.
(14) An application for transfer of registration of
a motor vehicle or heavy trailer made--
(a) by a person for whom, when a minor,
the vehicle or trailer was acquired by
25 another person as nominee or trustee;
and
(b) to give effect to the transfer of the
vehicle or trailer from the nominee or
trustee to the person after ceasing to be
30 a minor.
(15) An application for transfer of registration of
a motor vehicle or heavy trailer made--
35
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State Taxation (Further Amendment) Act 1998
s. 24
Act No.
(a) solely because of the appointment or
retirement of a trustee or other change
in trustees; and
(b) in order to vest the vehicle or trailer in
5 the trustees for the time being entitled
to hold the vehicle.
(16) An application for registration of a motor
vehicle or heavy trailer by a person if--
(a) the vehicle or trailer was last registered
10 by the person outside Victoria but
within Australia; and
(b) the Comptroller is satisfied that the
vehicle or trailer was not registered
outside Victoria for the purpose of
15 avoiding duty under this Heading.".
24. Marketable security duty
(1) In the Third Schedule to the Stamps Act 1958 in
Heading IV(A)--
(a) in clause 1 after "transfer" (where first
20 occurring) insert "(other than a transfer to
perfect a sale or purchase to which
subdivision (4AA) of Division 3 of Part II
applies)";
(b) after clause 1(a) insert "or";
25 (c) in clause 1 for paragraphs (b), (c) and (d)
substitute--
"(b) a share, or an interest in a share, in a
corporation incorporated outside
Australia, being a share that is kept on
30 the Australian register kept in Victoria;
or
(c) a right or interest (whether described as
a unit or sub-unit or otherwise) of a
beneficiary under a unit trust scheme,
36
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
s. 24
Act No.
being a right or interest that is
registered on a register kept in Victoria;
or
(d) a right or interest (whether described as
5 a unit or sub-unit or otherwise) of a
beneficiary under a unit trust scheme,
being a right or interest that is not
registered on a register kept in
Australia but in respect of which the
10 manager (or, if there is no manager, the
trustee) of the unit trust scheme--
(i) is a Victorian registered company;
or
(ii) is a natural person resident in
15 Victoria; or";
(d) after clause 1(da) insert--
"; or
(db) an instalment warrant providing
beneficial ownership in respect of
20 shares in a Victorian registered
company--";
(e) in exemption (3)--
(i) after paragraph (a)(iv) insert--
"(v) instalment warrants; or";
25 (ii) after paragraph (b)(iv) insert--
"; or
(v) instalment warrants--";
(f) in exemption (20) for "Division 4B of
Part 2.4 of the Corporations Law" substitute
30 "Division 2 of Part 2J.1 of the Corporations
Law (other than a buy-back that is effected
by the purchaser under one or more
37
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
s. 25
Act No.
agreements, arrangements or understandings
that the purchaser will issue shares)".
(2) In the Third Schedule to the Stamps Act 1958
after exemption (20) in Heading IV(A) insert--
5 "(21) A transfer of the underlying marketable
security to a trustee by reason of the issue of
an instalment warrant by a warrant issuer to
the applicant or the nominee of the applicant.
(22) A transfer of the underlying marketable
10 security from a trustee to an instalment
warrant holder in accordance with the terms
of issue of the instalment warrant.".
25. Sales of sheep and goats
In Heading XVIIA in the Third Schedule to the
15 Stamps Act 1958--
(a) for "PART XVIIA" substitute "XVIIA";
(b) for "nine cents ($0·09)" substitute "twelve
cents ($0·12)".
26. Consequential amendment of State Taxation (Further
20 Amendment) Act 1995
No. 101/1995. In section 45 of the State Taxation (Further
Amendment) Act 1995 for paragraph (d)
substitute--
'(d) in Heading IV(A) in the Third Schedule, in
25 clause 1 after "(4AA)" insert "or (5)".'.
_______________
38
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State Taxation (Further Amendment) Act 1998
s. 27
Act No.
PART 8--TAXATION ADMINISTRATION ACT 1997
No. 40/1997
27. Special arrangements may include interest as amended
by Nos
After section 41(2)(g) of the Taxation 86/1997,
Administration Act 1997 insert-- 93/1997,
46/1998,
5 "(h) conditions requiring the payment of interest, 48/1998 and
52/1998.
calculated at the interest rate determined in
accordance with section 25, on any amounts
of tax that are not paid at the times they are
required to be paid in accordance with the
10 approval.".
28. Permitted disclosures of information
In section 92(e)(ii) of the Taxation
Administration Act 1997 for "police officer"
substitute "member of the police force".
15 29. Objection
After section 96(2) of the Taxation
Administration Act 1997 insert--
"(3) An applicant under section 25(1) of the
Financial Institutions Duty Act 1982 may
20 lodge a written objection with the
Commissioner if the applicant is dissatisfied
with a decision of the Commissioner under
section 25(3) of that Act not to issue a
certificate of approval of an account kept in
25 the name of the applicant as a special
account on the ground that the applicant is
not a non-bank financial institution within
the meaning of paragraph (d), (da), (db) or
(dc) of section 25(12) of that Act.
30 (4) If an applicant lodges an objection under
sub-section (3), the remaining provisions of
this Part apply as if a reference to the
taxpayer were a reference to the applicant.".
39
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
s. 30
Act No.
30. Certificate evidence
After section 128(c) of the Taxation
Administration Act 1997 insert--
"(ca) that an amount of tax or interest specified in
5 the certificate is payable by a person
specified in the certificate in accordance with
a special arrangement approved under
section 39;".
31. Statute law revision
10 Section 138 of and Schedule 2 to the Taxation
Administration Act 1997 are repealed.
40
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
41
532111B.I1-26/10/98
State Taxation (Further Amendment) Act 1998
Act No.
42
532111B.I1-26/10/98
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