Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Revenue Laws Amendment (Assessment)
Bill 1999
A Bill for
An Act to amend the --
· Stamp Act 1921; and
· Road Traffic Act 1974.
The Parliament of Western Australia enacts as follows:
page 1
87--1
Revenue Laws Amendment (Assessment) Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Revenue Laws Amendment
(Assessment) Act 1999.
5 2. Commencement
(1) Subject to this section, this Act comes into operation on the day
on which it receives the Royal Assent.
(2) Section 4 is deemed to have come into operation on 1 July 1998.
(3) Part 2 Division 3 and Part 3, come into operation --
10 (a) if this Act receives the Royal Assent on or before
1 July 1999, on 1 July 1999;
(b) if this Act receives the Royal Assent after 1 July 1999,
on the day on which this Act receives the Royal Assent.
page 2
Revenue Laws Amendment (Assessment) Bill 1999
Stamp Act 1921 amended Part 2
Preliminary Division 1
s. 3
Part 2 -- Stamp Act 1921 amended
Division 1 -- Preliminary
3. The Act amended by this Part
The amendments in this Part are to the Stamp Act 1921*.
5 [* Reprinted as at 23 January 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 237 and Act No. 2 of 1999.]
Division 2 -- Amendments about managed investment schemes
4. Section 63 amended
10 Section 63(2)(a) is repealed and the following paragraph is
inserted instead --
"
(a) the unit trust scheme is not --
(i) one to which Division 11 (sic)
15 (sections 1451 to 1465) of Part 11.2 of
the Corporations Law applies by reason
of section 1452 of that Law; or
(ii) a managed investment scheme
registered under section 601EB of the
20 Corporations Law,
or is a scheme referred to in subparagraph (i) or
(ii) but no units have been issued to the public
or an insufficient number of persons is
beneficially entitled to units under the scheme;
25 ".
page 3
Revenue Laws Amendment (Assessment) Bill 1999
Part 2 Stamp Act 1921 amended
Division 2 Amendments about managed investment schemes
s. 5
5. Section 76C amended
Section 76C(1) is amended by inserting after "section 76CA" --
" or 112UE(2) ".
6. Part IVE inserted
5 After section 112UD the following Part is inserted --
"
Part IVE -- Managed investment schemes
112UE. Duty on certain instruments for the purpose of
managed investment schemes
10 (1) In this section --
"old public unit trust" means an undertaking,
together with the prescribed interests to which it
relates and the trustee or representative and the
management company in relation to those
15 interests, to which Division 11 (sic) (sections 1451
to 1465) of Part 11.2 of the Corporations Law
applies by reason of section 1452 of that Law.
(2) Upon application the Commissioner may authorize
duty at the rate specified in item 6 of the Second
20 Schedule to be charged on --
(a) a conveyance or transfer;
(b) a deed of settlement or deed of gift; or
(c) the transfer of a licence for a motor vehicle,
in respect of which ad valorem duty would otherwise
25 be payable if the Commissioner is satisfied that it is
one to which subsection (4) applies.
(3) Upon application the Commissioner may authorize
duty at the rate specified in item 6 of the Second
page 4
Revenue Laws Amendment (Assessment) Bill 1999
Stamp Act 1921 amended Part 2
Amendments about managed investment schemes Division 2
s. 6
Schedule to be charged on an instrument in respect of
which ad valorem duty would otherwise be payable,
other than one referred to in subsection (2), if the
Commissioner is satisfied that --
5 (a) the instrument is one to which subsection (4)
applies;
(b) the instrument replaces another instrument; and
(c) the terms and conditions of the instrument are
the same as the instrument it replaces.
10 (4) This subsection applies to an instrument described in
subsection (2) or (3) --
(a) if the instrument is entered into on or after
6 April 1999 for the purpose of, or as a
consequence of, an old public unit trust
15 becoming, in accordance with Division 11 (sic)
(sections 1451 to 1465) of Part 11.2 of the
Corporations Law, a managed investment
scheme that is registered under section 601EB
of that Law; and
20 (b) if, after the instrument is executed, the
members of the managed investment scheme
have the same beneficial interests in the
scheme's property as they had in the old public
unit trust's property before the instrument was
25 executed.
(5) If under subsection (2) the Commissioner issues an
authorization in respect of the transfer of a licence for a
motor vehicle, section 76C(8) does not apply to an
application for the transfer of the licence.
30 (6) An application to the Commissioner shall be made in a
form approved by the Commissioner.
page 5
Revenue Laws Amendment (Assessment) Bill 1999
Part 2 Stamp Act 1921 amended
Division 3 Amendments about motor vehicle licences
s. 7
(7) A person who, in an application to the Commissioner,
makes a statement that is false in a material particular
commits an offence under this Act.
".
5 Division 3 -- Amendments about motor vehicle licences
7. Section 76C amended
(1) Section 76C(8) is amended as follows --
(a) by inserting after paragraph (a)(i) --
" and ";
10 (b) by inserting after paragraph (a) --
" and ";
(c) by deleting the comma after paragraph (b) and inserting
instead a full stop;
(d) by deleting "and the amount of duty payable, based on
15 the market value so stated, shall be paid with the
application.".
(2) Section 76C(10B) is amended as follows --
(a) by deleting ", and any fine included," and inserting
instead --
20 " under this Part, and any fine included ";
(b) by deleting "section 24(2)" in the 3 places where it
occurs and in each place inserting instead --
" section 24(2c) ".
(3) Section 76C(13C) is amended by deleting "section 24(2)" and
25 inserting instead --
" section 24(2c) ".
page 6
Revenue Laws Amendment (Assessment) Bill 1999
Road Traffic Act 1974 amended Part 3
s. 8
Part 3 -- Road Traffic Act 1974 amended
8. The Act amended by this Part
The amendments in this Part are to the Road Traffic Act 1974*.
[* Reprinted as at 25 March 1997.
5 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 219.]
9. Section 24 amended
(1) Section 24(1) is amended as follows:
(a) in paragraph (a) by deleting "forthwith" and inserting
10 instead --
" within 7 days after ceasing to be the owner, ";
(b) in paragraph (b) by deleting "forthwith" and inserting
instead --
" within 7 days after ceasing to be the owner, ".
15 (2) Section 24(2) is repealed and the following subsections are
inserted instead --
"
(2) A person who becomes the owner of a vehicle in
respect of which a licence has been granted shall,
20 within 14 days after becoming the owner, give notice
in writing to the Director General of that fact and apply
for the transfer of the licence to the person.
(2a) As soon as practicable after receiving notice under
subsection (1)(a) or (2), or otherwise, of a change in
25 the ownership of a vehicle in respect of which a licence
has been granted, the Director General shall issue the
new owner with a notice requiring the new owner --
(a) if the Director General reasonably suspects that
the vehicle does not meet a prescribed standard
page 7
Revenue Laws Amendment (Assessment) Bill 1999
Part 3 Road Traffic Act 1974 amended
s. 9
or requirement relating to the security of the
vehicle, to cause the vehicle to be modified so
that it does meet the prescribed standard or
requirement; and
5 (b) to pay an amount being --
(i) the prescribed transfer fee; and
(ii) the stamp duty assessed by the Director
General under Part IIIC of the Stamp
Act 1921 in respect of the transfer of the
10 licence.
(2b) If the new owner complies with the notice issued under
subsection (2a) within 28 days after the notice is
issued, or any longer period that the Director General
allows, the Director General, subject to subsection (5),
15 shall transfer the licence to the new owner.
(2c) If the new owner does not comply with the notice
issued under subsection (2a) within 28 days after the
notice is issued, or any longer period that the Director
General allows, then --
20 (a) if the notice contains the requirement referred
to in subsection (2a)(a) and the new owner has
not complied with the requirement, the Director
General shall cancel the licence in respect of
the vehicle, whether or not the new owner has
25 complied with the requirement in subsection
(2a)(b); and
(b) in any other case, the owner commits an offence.
(2d) If under subsection (2c)(a) the Director General cancels a
licence, the Director General shall refund to the new
30 owner any of the amount referred to in subsection (2a)(b)
that has been paid by the new owner.
".
page 8
Revenue Laws Amendment (Assessment) Bill 1999
Road Traffic Act 1974 amended Part 3
s. 10
(3) Section 24(3) is amended by deleting "subsection (2)" and
inserting instead --
" subsection (2c) ".
10. Section 102 amended
5 (1) Section 102(2a) is amended as follows:
(a) by deleting "section 24(2)" and inserting instead --
" section 24(2c) ";
(b) in paragraph (a) by deleting "payable under that
section".
10 (2) Section 102(2b) is amended by deleting "section 24(2)" and
inserting instead --
" section 24(2c) ".
page 9
[Index] [Search] [Download] [Related Items] [Help]