Revenue Measures Act 2005

Revenue Measures Act 2005

An Act to amend the Duties Act 2001 and the Land Tax Rating Act 2000 and repeal the Debits Duties Act 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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Revenue Measures Act 2005 .

2.   Commencement

(1)  Part 1 commences on the day on which this Act receives the Royal Assent.

(2)  Part 2 is taken to have commenced on 24 January 2005.

(3)  Part 3 is taken to have commenced on 19 May 2005.

(4)  Part 4 commences on 1 July 2006.

(5)  Part 5 and section 24(3) and (4) commence on 1 July 2007.

(6)  Part 6 and section 24(5) and (6) commence on 1 July 2008.

(7)  The remaining provisions of this Act commence on 1 July 2005.

PART 2 - Duties Act 2001 Amended

PART 3 - Duties Act 2001 Amended

5.   Principal Act

In this Part, the Duties Act 2001 is referred to as the Principal Act.

PART 4 - Duties Act 2001 Amended

8.   Principal Act

In this Part, the Duties Act 2001 is referred to as the Principal Act.

PART 5 - Duties Act 2001 Amended

11.   Principal Act

In this Part, the Duties Act 2001 is referred to as the Principal Act.

PART 6 - Duties Act 2001 Amended

14.   Principal Act

In this Part, the Duties Act 2001 is referred to as the Principal Act.

PART 7 - Land Tax Rating Act 2000 Amended

21.   Principal Act

In this Part, the Land Tax Rating Act 2000 is referred to as the Principal Act.

PART 8 - Legislation repealed

PART 9 - Miscellaneous

24.   Recovery of liability

(1)  [Section 24 Subsection (1) amended by No. 10 of 2007, s. 4, Applied:01 Jul 2005] Notwithstanding the repeal of the Debits Duties Act 2001 by section 23 and Schedule 1 of this Act, the Commissioner of State Revenue may recover from an account holder, financial institution, credit card holder or credit card provider, within the meaning of that Act, any duty that relates to a transaction made before 1 July 2005 and that was unpaid at that day.

(2)  For the purposes of subsection (1) , the Taxation Administration Act 1997 is to be read as if the Debits Duties Act 2001 had not been repealed.

(3)  Notwithstanding the repeal of Chapter 6 of the Duties Act 2001 by section 12 of this Act, the Commissioner of State Revenue may recover from a mortgagor any mortgage duty that relates to a mortgage executed, or an advance or further advance made, before 1 July 2007 and that was unpaid at that day.

(4)  For the purposes of subsection (3) , the Taxation Administration Act 1997 is to be read as if Chapter 6 of the Duties Act 2001 had not been repealed.

(5)  Notwithstanding the amendments to the Duties Act 2001 effected by Part 6 of this Act, the Commissioner of State Revenue may recover any duty that relates to a transaction entered into before 1 July 2008, involving the dutiable property referred to in section 9(1)(g), (h) or (i) of that Act, as in force immediately before that day, and that was unpaid at that day.

(6)  For the purposes of subsection (5) , the Taxation Administration Act 1997 is to be read as if the amendments effected by Part 6 had not been made.

SCHEDULE 1 - Legislation repealed

Section 23