Revenue Legislation (Miscellaneous Amendments) Act 2001
An Act to amend the Pay-roll Tax Act 1971 and the Electricity Entities (Contributions) Act 1997
[Royal Assent 29 June 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
This Act may be cited as the Revenue Legislation (Miscellaneous Amendments) Act 2001 .
This Act commences on 1 July 2001 but, if this Act does not receive the Royal Assent on or before that day, this Act is taken to have commenced on that day.
PART 2 - Pay-roll Tax Act 1971 Amended
In this Part, the Pay-roll Tax Act 1971 is referred to as the Principal Act.
4. Section 7 amended (Imposition of pay-roll tax)
Section 7 of the Principal Act is amended as follows:(a) by omitting from subsection (2) "1 July 2000" and substituting "1 July 2001";(b) by omitting from subsection (2)(a) "1 July 2000 or";(c) by omitting the formula from subsection (2)(a) and substituting the following formula:(d) by omitting the formula from subsection (2)(b) and substituting the following formula:(e) by omitting from subsection (2A) "June 2000" and substituting "June 2001";(f) by omitting from subsection (2A) "$50 500" and substituting "$83 333";(g) by omitting from subsection (2A) "6.53%" and substituting "6.3%";(h) by omitting from subsection (2B) "$51 000" and substituting "$84 167";(i) by omitting from subsection (2B) "6.47%" and substituting "6.24%".
5. Section 11A amended (Annual adjustments)
Section 11A of the Principal Act is amended as follows:(a) by omitting from subsection (3) "1 July 2000 or";(b) by omitting from subsection (3)(a) "$606 000" and substituting "$1 000 000";(c) by omitting from subsection (3)(b) "$606 000" and substituting "$1 000 000";(d) by omitting from subsection (3)(b) "6.53%" and substituting "6.3%";(e) by omitting the formula from subsection (3)(b) and substituting the following formula:(f) by omitting from subsection (3A)(a) "$612 000" and substituting "$1 010 000";(g) by omitting from subsection (3A)(b) "$612 000" and substituting "$1 010 000";(h) by omitting from subsection (3A)(b) "6.47%" and substituting "6.24%";(i) by omitting the formula from subsection (3A)(b) and substituting the following formula:
6. Section 11I amended (Exclusion of persons from groups)
Section 11I of the Principal Act is amended as follows:(a) by inserting the following subsections after subsection (2) :(2A) The Commissioner may, by order in writing, exclude from a group that is constituted as mentioned in section 11E any of its members where –(a) the business carried on by that member is classified under a different Australian and New Zealand Standard Industrial Classification Division code (as determined by the Australian Bureau of Statistics) than another member of the group; and(b) the Commissioner is satisfied that the business carried on by that member is operated independently of the other members of the group.(2B) In being satisfied as to the matter referred to in subsection (2A)(b) , the Commissioner is to have regard to whether –(a) transactions between the member and other members of the group are conducted on a commercial basis and charged for at commercial rates; and(b) day-to-day administration of the business of the member is carried out separately from the day-to-day administration of the business of the other members; and(c) services and resources provided between the member and other members of the group are provided on a commercial basis and charged for at commercial rates.(b) by omitting from subsection (5) " subsection (1) " and substituting " subsection (1) or (2A) ";(c) by inserting the following subsection after subsection (5) :(6) An order under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 .
7. Section 12 amended (Registration)
Section 12(1) of the Principal Act is amended as follows:(a) by omitting from paragraph (a) "$50 500" and substituting "$83 333";(b) by omitting from paragraph (a) "June 2000" and substituting "June 2001";(c) by omitting from paragraph (b) "$51 000" and substituting "$84 167".
PART 3 - Electricity Entities (Contributions) Act 1997 Amended
In this Part, the Electricity Entities (Contributions) Act 1997 is referred to as the Principal Act.
9. Section 4 substituted
Section 4 of the Principal Act is repealed and the following section is substituted:(1) In respect of each quarter before the quarter commencing on 1 July 2001, a prescribed electricity entity must pay to the Treasurer to the credit of the Consolidated Fund a contribution of 5% of the total revenue received by that entity in that quarter.(2) In respect of any quarter commencing on or after 1 July 2001, a prescribed electricity entity must pay to the Treasurer to the credit of the Consolidated Fund a contribution of 5% of the total revenue received by that entity in that quarter in relation to electricity consumed before 1 July 2001.
The Electricity Entities (Contributions) Act 1997 is repealed on 30 June 2002.
[Second reading presentation speech made in:
House of Assembly on 14 JUNE 2001
Legislative Council on 21 JUNE 2001]