Duties Amendment Act 2001
An Act to amend the Duties Act 2001
[Royal Assent 17 December 2001]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Duties Amendment Act 2001 .
(1) Sections 4 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 and 24 are taken to have commenced on 1 July 2001.(2) Sections 17 and 18 commence on 1 March 2002.(3) The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.
In this Act, the Duties Act 2001 is referred to as the Principal Act.
The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .
5. Section 56 amended (Exemptions – break-down of marriages)
Section 56(1)(b) of the Principal Act is amended by inserting after subparagraph (i) the following subparagraph:(ia) a financial agreement made under section 90B, 90C or 90D of that Act; or
6. Section 72 amended (Exemptions)
Section 72(1)(f) of the Principal Act is amended by inserting after subparagraph (i) the following subparagraph:(ia) a financial agreement made under section 90B, 90C or 90D of that Act; or
The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .
The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .
The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .
The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .
The amendments effected by this section have been incorporated into the authorised version of the Duties Act 2001 .
The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .
The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .
The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .
The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .
16. Section 196 amended (When does duty become payable?)
Section 196(a)(i) of the Principal Act is amended by inserting "or the registration is transferred" after "registered".
17. Section 197 amended (What is the rate of duty?)
Section 197 of the Principal Act is amended as follows:(a) by omitting from subsection (1) " subsections (2) and (3) " and substituting " subsections (2) , (3) and (3A) ";(b) by inserting the following subsection after subsection (3) :(3A) The rate of duty for a new motor vehicle for which a manufacturer's fleet discount has been provided is $3.50 per $100, or part.(c) by inserting the following subsection after subsection (5) :(6) A manufacturer's fleet discount in respect of a motor vehicle is a discount –(a) that is given to the purchaser of the vehicle by the manufacturer of the vehicle; and(b) that is deducted from the normal retail price of the vehicle; and(c) that is not available to the general public.
18. Section 198 amended (What is the dutiable value of a motor vehicle?)
Section 198 of the Principal Act is amended by inserting after subsection (1) the following subsection:(1A) The dutiable value of a new motor vehicle is the consideration in money or money's worth given for the acquisition of the motor vehicle, if the Commissioner is satisfied that the consideration is adequate in relation to the value of that motor vehicle.
19. Section 199 amended (Exemptions)
Section 199 of the Principal Act is amended as follows:(a) by inserting in paragraph (c)(ii) ", a financial agreement made under section 90B, 90C or 90D of that Act" after "Commonwealth";(b) by inserting in paragraph (e) "or a notice of change of beneficial ownership of a motor vehicle" after "register a motor vehicle".
20. Section 203 amended (Refund if contract, arrangement or agreement cancelled)
Section 203 of the Principal Act is amended by inserting ", the transfer of registration of a motor vehicle" after "a motor vehicle".
21. Section 222 amended (Miscellaneous instruments)
Section 222(1) of the Principal Act is amended as follows:(a) by omitting from paragraph (a) "ad valorem" and substituting "any other";(b) by inserting in paragraph (f) ", other than a guarantee solely in relation to the payment or repayment of any money" after "undertaking".
22. Section 223 amended (Consumer credit contracts)
Section 223(2) of the Principal Act is amended as follows:(a) by omitting from paragraph (a) "less" and substituting "not more";(b) by omitting from paragraph (b) "$1 000 or more" and substituting "in excess of $1 000".
23. Section 227 amended (Miscellaneous exemptions)
Section 227(1) of the Principal Act is amended by inserting after paragraph (j) the following paragraph:(ja) a duplicate instrument required under the Land Titles Act 1980 , if the original instrument or a copy of the original instrument has been duly stamped;
The amendment effected by this section has been incorporated into the authorised version of the Duties Act 2001 .
25. Section 252 amended (Loans to pay duty on certain instruments)
Section 252(1) of the Principal Act is amended by omitting " Chapters 2 or 6 " and substituting " Chapter 2 , 6 or 9 ".
26. Schedule 1 amended (Savings and transitional provisions)
Schedule 1 to the Principal Act is amended as follows:(a) by omitting from clause 5(2) "an approved" second occurring and substituting "a registered";(b) by inserting the following subclause after subclause (3) in clause 6 :(4) Despite subclause (3) , if –duty on the mortgage is assessable in accordance with item 3(f) of Schedule 4 to the former Act.(a) an advance was made under a mortgage over property partly within and partly outside Tasmania before the commencement day; and(b) the mortgage is not duly stamped under the former Act before that day –