LAND TAX ASSESSMENT ACT 2002
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Relationship with other Acts
- 4 Terms used
PART 2 -- Land tax liability and assessment
Division 1 -- Liability to land tax
5.1M. 1MC Taxable land
- 6 Time for payment of land tax
- 7 Liability to pay land tax
- 8 Certain persons and bodies taken to be owners of land
- 9 Liability of agents or trustees
- 9A Owners to notify Commissioner of errors or omissions in assessment notices
Division 2 -- Assessment of land tax
- 10 Assessing land tax
- 11 Two or more lots owned by one person, tax payable on
- 12 Land owned jointly, tax payable on
- 13 Calculating taxable value of part of a lot
- 14 Newly subdivided private residential property, tax payable on
- 15 Newly subdivided primary production business land, tax payable on
- 15A Tax payable on newly subdivided dwelling or residential parks
- 16 Non-strata home units, assessing tax on
PART 3 -- Exemptions, concessions and rebates
Division 1 -- General provisions
- 17 Exempt land
- 18 Whole and partial exemptions
- 18A Taxable value of land subject to partial exemption
- 19 Applying for exemption or concession
- 20 Commissioner’s power to grant exemption or concession for land
- 20A Owner of land subject to exemption or concession may be required to notify Commissioner of event or circumstance
Division 2 -- Private residential property
Subdivision 1 -- Exemptions and rebates for private residential property
- 21 Residences owned by individuals, exemptions for
- 22 Residence owned by executor etc., exemption for if beneficiary in will exercising right to reside
- 23A Exemption for residence owned by executor or administrator if beneficiary in will has right to future ownership and is resident
- 23 Continued exemption after death of resident
- 24 Construction of private residence, one year exemption for
- 24A Construction of private residence, 2 year exemption for
- 25 Refurbishment of private residence, one year exemption for
- 25A Refurbishment of private residence, 2 year exemption for
- 26 Exemption for residence of disabled person held in trust
- 26A Exemption for residence of disabled person owned by relative
- 26B Exemption for property owned by individual in care
- 27 Moving between 2 private residences, application of exemption
- 27A Construction or refurbishment of second private residence, 2 year exemption for
- 28 Inner city residential property, rebate for
Subdivision 2 -- Application of private residential exemptions to subdivided land
- 28A Terms used
- 28B Application of certain private residential exemptions to property subdivided during exemption period
- 28C Application of requirements relating to sale or disposal of subdivided property
- 28D Application of 2-year private residential exemptions if property subdivided during first year
- 28E Ownership of land during period when land subdivided but certificates of title not issued
Division 3 -- Land used for primary production business
Subdivision 1 -- Terms used
- 29 Terms used
- 30A What is primary production
- 30B When land is used for primary production business
Subdivision 2 -- Primary production business exemption
- 30C Exemption for rural land
- 30D Exemption for non-rural land
- 30E Exemption under section 30D after death of family owner or person related to family owner
Subdivision 3 -- Family owners of land and persons related to family owners of land
- 30G References to individuals, family members and nominated individuals
- 30H Family owner of land
- 30I Persons related to family owner who is an individual
- 30J Persons related to family corporation
- 30K Persons related to trustee of family trust
- 30 Persons related to trustee of a family unit trust scheme
Division 4 -- Crown land and other land used for public purposes
- 31 Land owned by Crown, public authority etc., exemption for
- 32 Land owned by religious bodies, exemption for
- 33 Land owned by educational institutions, exemption for
- 34 Land used for public or religious hospitals, exemption for
- 35 Exemption for mining tenements
- 36 Land used for various public purposes, exemption for
- 37 Land owned by public charitable or benevolent institutions, exemption for
- 38AA What is a relevant body
- 38AB Application for a beneficial body determination
- 38AC Beneficial body determination
- 38 Land owned by non-profit associations, exemption or concession for
- 38A Land used as aged care facility, exemption for
- 39 Land used for retirement villages: exemption for
Division 4A -- Land used for dwelling or residential parks
- 39A Terms used
- 39B Exemption for land in dwelling or residential parks
- 39C Calculating percentage for exemption for dwelling or residential parks
- 39D Provisions about calculations under s. 39C
Division 5 -- Other exemptions and concessions
- 40 Land owned by veteran’s surviving partner or mother, exemption for
- 41 Land under conservation covenant, exemption for
- 42A Land under biodiversity conservation covenant, exemption for
- 42 One year exemption for land vacated for sale by mortgagee
- 43A Newly subdivided land, concession for
- 43B Freehold reversion in parcel subdivided by leasehold scheme, exemption for
PART 4 -- Miscellaneous
- 43 Occupier etc. of land to give information
- 45 Contracts ineffective to alter incidence of land tax
- 45A Minor interests of joint owners, Commissioner may disregard
- 45B Effect of determination under s. 45A
46. Regulations
- 47 Transitional provisions