Victorian Consolidated Legislation

Land Tax Act 2005 - SECT 3

Definitions

3. Definitions



(1) In this Act-

administration trust means a trust under which the assets of a deceased person
are held by a personal representative, but only during the period ending on
the earlier of-

   (a)  the completion of administration of the deceased estate; or

   (b)  the third anniversary of the death of the deceased person or the
        further period approved by the Commissioner under subsection (3);

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approved means approved by the Commissioner; beneficiary of a discretionary
trust, means a person, or a member of a class of persons, in whom, by the
terms of the trust, the whole or any part of the trust property may be vested-

   (a)  in the event of the exercise of a power or discretion in favour of the
        person (whether or not that power is presently exercisable); or

   (b)  in the event that a discretion conferred under the trust is not
        exercised; child maintenance land means land held on trust that was
        transferred to the trustee for the benefit of a beneficiary as the
        result of a family breakdown within the meaning of section 102AGA of
        the Income Tax Assessment Act 1936 of the Commonwealth; Commonwealth
        Superannuation Act means the
        Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

concessional trust means-

   (a)  a trust of which each beneficiary is-

   (i)  a person in respect of whom a guardianship order or an administration
        order is in force under the Guardianship and Administration Act 1986;
        or

   (ii) a person with a disability within the meaning of the
        Disability Act 2006; or

   (b)  a trust created under an order of the Supreme Court for the benefit of
        a person under disability; controlling interest has the meaning given
        in section 48; corporation has the same meaning as in section 9 of the
        Corporations Act; discretionary trust means a trust under which the
        vesting of the whole or any part of the trust property-

   (a)  is required to be determined by a person either in respect of the
        identity of the beneficiaries or the quantum of interest to be taken,
        or both; or

   (b)  will occur in the event that a discretion conferred under the trust is
        not exercised- but does not include an excluded trust, a fixed trust
        or a trust to which a unit trust scheme relates;



domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  a person to whom the person is not married but with whom the person is
        living as a couple on a genuine domestic basis (irrespective of
        gender); excluded trust means-

   (a)  a charitable trust;

   (b)  a concessional trust;

   (c)  a public unit trust scheme;

   (d)  a wholesale unit trust scheme;

   (e)  a trust the sole beneficiary or beneficiaries of which is or are-

   (i)  a club referred to in section 73; or

   (ii) the members of such a club;

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   (g)  a trust, for any tax year in relation to which it is a superannuation
        trust; exempt land means land that is declared by or under this Act to
        be exempt land; exempt transmission easement means a transmission
        easement that is exempt from land tax under section 87(1)(b); exempt
        transmission easement holder means a transmission easement holder who
        is exempt from land tax on the easement under section 87(1)(a); fixed
        trust means a trust that is not an excluded trust, a discretionary
        trust or a trust to which a unit trust scheme relates;

home unit means a building or part of a building that-

   (a)  is designed for use as a self-contained unit for living purposes; and

   (b)  is situated on land owned-

   (i)  by 2 or more persons as tenants in common, each of whom is the
        registered proprietor under the Transfer of Land Act 1958 of one or
        more undivided shares in the whole of the land and is lawfully
        entitled, by virtue of an agreement between the person or the person's
        predecessor in title and all other owners of undivided shares in the
        land or their predecessors in title, to the exclusive right to occupy
        a specified building or part of a building on the land; or

   (ii) by a body corporate in which all issued shares are owned by 2 or more
        persons, each of whom is lawfully entitled, by virtue of that share
        ownership, to the exclusive right to occupy a specified building or
        part of a building on the land and is not required to make any
        payments of a rental nature for that right; joint owners means
        persons-

   (a)  who own land jointly or in common, whether as partners or otherwise;
        or

   (b)  who are deemed by this Act to be joint owners;

land includes-

   (a)  all land and tenements;

   (b)  all interests in land; listed trust has the same meaning as in the
        Duties Act 2000;

mortgage means-

   (a)  a security by way of mortgage or charge over land; or

   (b)  a security by way of a transfer of land held in trust to be sold and
        redeemable before the sale, except if the transfer is for the benefit
        of creditors who accept it in full satisfaction of debts owed to them;
        or

   (c)  a transfer, assignment or disposition of any estate or interest in
        land that is apparently absolute but intended only as a security; or

   (d)  an instrument that, on the deposit of documents of title to land,
        authority to control title or a pledge to provide that control,
        becomes a mortgage or evidences the terms of a mortgage; nominated
        beneficiary of a discretionary trust, means a person nominated under
        section 46F;

nominated PPR beneficiary means a person nominated under section 46H;

owner-

   (a)  of land, has the meaning given in section 10;

   (b)  of a home unit, has the meaning given in section 12; parcel of land
        means any land that is-

   (a)  contiguous or separated only by a road, railway or other similar area
        across or around which movement is reasonably possible; and

   (b)  owned by the same person; personal representative means a person
        acting in the capacity of an executor or administrator of a deceased
        estate;

post-2006 land, in relation to a trust, means land that became subject to that
trust on or after 1 January 2006;

pre-2006 land, in relation to a trust, means land that was subject to that
trust at midnight on 31 December 2005;

principal place of residence includes sole place of residence; public unit
trust scheme means-

   (a)  a listed trust; or

   (b)  a widely held trust; or

   (c)  a registered imminent public unit trust scheme or registered declared
        public unit trust scheme (within the meaning of the Duties Act 2000);

public sector superannuation authority means a public body within the meaning
of the Financial Management Act 1994 that is required to submit an annual
report under Part 7 of that Act in relation to a public sector superannuation
fund;

public statutory authority means a public statutory body constituted under an
Act but does not include a public sector superannuation authority; related
corporations has the meaning given in section 47; relative in relation to a
person means-

   (a)  a spouse or domestic partner of the person;

   (b)  a lineal ancestor or lineal descendant of the person or of the spouse
        or domestic partner of the person;

   (c)  a brother or sister, or child of a brother or sister, of the person or
        of the spouse or domestic partner of the person;

   (d)  a spouse or domestic partner of a child of the person;

   (e)  a spouse or domestic partner of a brother or sister of the person;
        return date, in relation to a valuation, is the date on which the
        valuation is returned to the municipal council by the person who
        carried it out; site value has the same meaning as in the
        Valuation of Land Act 1960; special land tax means land tax imposed
        under Division 5 of Part 2;

spouse of a person means a person to whom the person is married;

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superannuation trust means, in relation to a tax year-

   (a)  a trust established on or before 30 June in the year preceding the tax
        year that, in relation to the year of income ending in that year, is-

   (i)  a complying superannuation fund (within the meaning of section 42 or
        42A of the Commonwealth Superannuation Act); or

   (ii) a complying approved deposit fund (within the meaning of section 43 of
        the Commonwealth Superannuation Act); or

   (iii) a pooled superannuation trust (within the meaning of section 44 of
        the Commonwealth Superannuation Act); or

   (b)  a trust established after 30 June in the year preceding the tax year
        that, as at midnight on 31 December in that year, is-

   (i)  a regulated superannuation fund (within the meaning of the
        Commonwealth Superannuation Act) or is taken to be a regulated
        superannuation fund under that Act; or

   (ii) an approved deposit fund (within the meaning of the Commonwealth
        Superannuation Act); or

   (iii) a pooled superannuation trust (within the meaning of the Commonwealth
        Superannuation Act); supplementary valuation means a valuation made
        under section 13DF of the Valuation of Land Act 1960 that is
        supplementary to the last general valuation returned to the municipal
        council before 1 January in the year immediately preceding the tax
        year; taxable land means land that is not exempt land; taxable value-

   (a)  of land, has the meaning given in Division 3 of Part 2;

   (b)  of transmission easements, has the meaning given in section 27; tax
        year means a year for or in which land tax is being assessed; transfer
        of land includes conveyance of the land; transmission company has the
        same meaning as in the Electricity Industry Act 2000; transmission
        easement means an easement held by a transmission company;
        transmission easement holder has the meaning given in section 4;
        trust-

   (a)  includes a trust under which the assets of a deceased person are held
        by a personal representative; and

   (b)  does not include an implied or constructive trust;

trustee, except in Division 1 of Part 4, includes trustee, executor,
administrator, guardian, liquidator and any person having or taking upon
themselves the possession, administration, or control of land, income, or
other property of any description affected by any trust, or having the
possession, control, or management of land of a person under any legal or
other disability; unit in a unit trust scheme, means-

   (a)  a right or interest (whether described as a unit or a sub-unit or
        otherwise) of a beneficiary under the scheme; or

   (b)  a right to any such right or interest- that entitles the beneficiary
        to participate proportionately with other unitholders in a
        distribution of the property of the trust on its vesting; unit trust
        scheme means an arrangement made for the purpose, or having the
        effect, of providing facilities for participation by a person, as a
        beneficiary under a trust, in any profit or income arising from the
        acquisition, holding, management or disposal of property under the
        trust, but does not include an excluded trust; Victorian Minister
        means a Minister of the Crown in right of Victoria; wholesale unit
        trust scheme means a unit trust scheme that is registered under
        Division 7 of Part 2 of Chapter 3 of the Duties Act 2000 as a
        wholesale unit trust scheme, an imminent wholesale unit trust scheme
        or a declared wholesale unit trust scheme; widely held trust has the
        same meaning as that term would have in the Duties Act 2000 if a
        reference in paragraph (b) of the definition of widely held trust in
        section 3(1) of that Act to "300 registered unitholders" were a
        reference to "50 registered unitholders"; year means a calendar year.

(2) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case.

(3) For the purposes of paragraph (b) of the definition of administration
trust in subsection (1), the Commissioner may approve a further period in any
particular case.