Western Australian Consolidated Acts

LAND TAX ASSESSMENT ACT 2002 - SECT 33

33 .         Land owned by educational institutions

        (1)         Land is exempt for an assessment year if —

            (a)         at midnight on 30 June in the previous financial year, it is owned by, vested in or held in trust for an educational institution listed in subsection (4); and

            (b)         it is in good faith used or reserved as a site for the purpose of providing facilities necessary for or conducive to the attainment of the objects of the institution and the performance of its functions.

        (2)         However if, during an assessment year, reserved land is used for any other purpose or is sold, then land tax is payable on the land for the lesser of the following periods —

            (a)         the 5 financial years reckoned retrospectively from and including the assessment year;

            (b)         the number of financial years from and including the first financial year for which the land was exempt as a result of its use and ownership to and including the assessment year.

        (3)         The amount of land tax payable for each financial year for which land tax is payable under subsection (2) is assessed at the rate applicable for that year under the Land Tax Act 2002 .

        (4)         For the purposes of subsection (1) the following educational institutions are listed —

            (a)         the University of Western Australia constituted under the authority of the University of Western Australia Act 1911 ;

            (b)         the Curtin University of Technology established under the Curtin University of Technology Act 1966 ;

            (c)         Murdoch University established under the Murdoch University Act 1973 ;

            (d)         the Edith Cowan University established under the Edith Cowan University Act 1984 ;

            (e)         any bona fide educational institution not carried on for the purpose of private profit or gain;

            (f)         a college, hostel, or hall of residence affiliated with an educational institution referred to in paragraph (a), (b), (c), (d) or (e) that has as its objects the provision of residence, or education and residence, for enrolled students of the body or institution, and that is not carried on for the purpose of private profit or gain.

        (5)         Despite section 17(4) of the Taxation Administration Act 2003 , the Commissioner is to make any reassessment necessary to give effect to subsection (2).

        (6)         In this section —

        reserved land , in relation to an assessment year, means land that is exempt for that year under subsection (1) because it is or was reserved as a site for the purposes referred to in subsection (1)(b).