An Act to provide for taxation on landBe 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:Preliminary

Short titleThis Act may be cited as the Land Tax Act 2000.

CommencementThis Act commences on .

InterpretationIn this Act –adjustment factor means the adjustment factor determined under section 21;agent includes a person who –in this State for or on behalf of any other person outside this State –has the control, receipt or disposal of any real property, personal property, income or money belonging to that other person; ordirectly or indirectly remits income or money belonging to that other person to that person; ordirectly or indirectly sells or otherwise disposes of any real property or personal property belonging to that other person; andis declared by the Commissioner to be an agent for the purpose of this Act;assessed land value means the value as calculated under section 23;Section 3Amended by No. 6 of 2002, Sched. 1assessment means assessment as defined in the Taxation Administration Act 1997;business includes any profession, trade, employment, vocation or calling, other than the occupation as an employee;charitable institution is an institution that, in the opinion of the Commissioner, is established solely for charitable purposes and not for profit or gain;Commissioner means the Commissioner of State Revenue appointed under the Taxation Administration Act 1997;community service organisation means an organisation, association, society or club that, in the opinion of the Commissioner, is established for community service purposes;cooperative housing society means a registered society within the meaning of the Co-operative Housing Societies Act 1963;dwelling includes a flat or structure used as a residence;exempt land means land exempted under Division 2 of Part 2;flat means –a room or suite of rooms designed or adapted for separate occupation; andany separate car parking accommodation or other separate facility located on or within the same parcel of land as that on which the building containing the room or suite of rooms is constructed;general land is land referred to in section 8;home-unit company means a company in which all the issued shares are owned by persons each of whom has an exclusive right to occupy a flat which forms part of a building on land owned by a home-unit company;Section 3Amended by No. 6 of 2002, Sched. 1interest means interest as defined in the Taxation Administration Act 1997;land includes a stratum flat;land tax means tax imposed by this or any other land tax rating Act;land tax rating Act means an Act any or all of the provisions of which fix a scale of land tax;Section 3Amended by No. 102 of 2001, Sched. 2land value means the value of land as assessed under the Valuation of Land Act 2001;Section 3Amended by No. 6 of 2002, Sched. 1penalty tax means a penalty tax as defined in the Taxation Administration Act 1997;primary production land means land referred to in section 7;principal residence means a dwelling used as the main place of residence;principal residence land means land referred to in section 6;Section 3Amended by No. 6 of 2002, Sched. 1private hospital means a privately owned institution the main object of which is to provide overnight accommodation for the treatment of –persons suffering from any illness, injury or infirmity; orpregnant women or women immediately after childbirth; orpersons who are visually, hearing or speech impaired or who are substantially and permanently handicapped by any illness, injury or congenital deformity or by any other prescribed disability; orpersons who are elderly and infirm;Section 3Amended by No. 6 of 2002, Sched. 1reassessment means reassessment as defined in the Taxation Administration Act 1997;registered trustee company means –a trustee company as defined in the Trustee Companies Act 1953 or in a similar law of another State or a Territory of the Commonwealth; orthe Public Trustee as defined in the Public Trustee Act 1930;related companies means companies that are related as provided by section 31;related person, in relation to an owner, means – the spouse or former spouse of the owner; orSection 3Amended by No. 6 of 2002, Sched. 1if the owner is deceased, the beneficiary of the estate of the owner; ora beneficiary of a trust appointed by a court; ora shareholder of a home-unit company or a spouse or former spouse of the shareholder; ora person with an exclusive right to occupy a flat owned by a retirement village or a spouse or former spouse of that person;retirement village company means a company that operates a complex containing flats predominantly occupied by retired persons under a right conferred –by shares; orby licence; orby any other prescribed scheme;Section 3Amended by No. 6 of 2002, Sched. 1school means –a school as defined in the Education Act 1994; anda tertiary institution as defined in the Employment, Education and Training Act 1988 of the Commonwealth;shareholder includes member or stockholder;Section 3Amended by No. 102 of 2001, Sched. 2stratum flat means a flat in respect of which a separate valuation made under the Valuation of Land Act 2001 is in force;taxpayer means a person who is liable to pay land tax;trustee includes –a person appointed or constituted trustee by any act of parties, order, declaration of a court or operation of law; andan executor or administrator, guardian, committee, receiver or liquidator; anda person who –has the administration or control of income affected by any express or implied trust; oris acting in any fiduciary capacity; orhas the possession, control or management of the income of a person under any legal or other disability.

Defined terms in land tax rating ActAny term defined in this Act when used in a land tax rating Act has the same meaning as so defined unless the context otherwise indicates.

Exclusive right of occupationA person has an exclusive right to occupy a flat even if the person –lets the flat or part of the flat to another person; orshares the occupation of the flat with one or more persons.

Principal residence landSection 6Subsection (1) amended by No. 6 of 2002, Sched. 1Principal residence land is land on which the principal residence of an owner of at least 50% of the land or a related person of such an owner is situated.The Commissioner is to determine that adjoining land is principal residence land if satisfied that –the land is on a separate title held by the owner of the principal residence land; andthe land is used by that owner solely in conjunction with the principal residence land; andthe owner does not receive any income from the use of that land.The Commissioner, on application by a trustee of a trust, is to determine that land is principal residence land for a financial year if –the land is held by –a registered trustee company; oran executor, administrator, guardian, committee, receiver or liquidator; ora trustee appointed by a court; andthe principal residence of a beneficiary of the trust is situated on the land as at 1 July in that financial year; andthe Commissioner is satisfied that the beneficiary does not own any other principal residence land.The Commissioner, on application by a company, is to determine that land is principal residence land for a financial year, if –the land is owned by the company; andthe principal residence of a person who owns 50% or more of shares in the company is situated on the land as at 1 July in that financial year; andthe Commissioner is satisfied that the person does not own any other principal residence land.The Commissioner is to determine that land owned by a home-unit company is principal residence land if any flat on that land is the principal residence of a person owning shares in the home-unit company.The Commissioner is to determine that a part of land owned by a retirement village company is principal residence land if that part is used for residential purposes.The Commissioner is to determine that a part of land owned by a cooperative housing society is principal residence land if that part is used for residential purposes.

Primary production landLand is primary production land if it is –used substantially for the business of primary production; ordeclared a private timber reserve under the Forest Practices Act 1985; ora State forest under the Forestry Act 1920.The business of primary production means any one or more of the following carried out in a business-like manner with a reasonable expectation of profit:cultivating land to sell the produce of the cultivation;maintaining animals or poultry for sale or selling their natural increase or bodily produce;keeping bees to sell their honey;commercial fishing and cultivating aquatic plants or animals, including the preparation for fishing and the storage and preservation of fish and fishing gear;cultivating or propagating for sale plants, seedlings, mushrooms or orchids.

General landGeneral land is land that is not –principal residence land; orprimary production land.

Application of other ActThe Taxation Administration Act 1997 applies to land tax.

Land taxLiability

Liability for land taxLand tax is payable in respect of land that is not exempt land by the person who is the owner of the land as at the commencement of the financial year.Land tax is payable in respect of each financial year and is due on a date the Commissioner determines.Land tax is a first charge on the land in priority to all mortgages, rates, charges, liens and encumbrances.

List of ownersThe Commissioner is to maintain a list containing –details of all land in the State; anddetails of the owners of the land.Section 11Subsection (2) amended by No. 102 of 2001, Sched. 2The Recorder of Titles is to provide the Commissioner with details of change of ownership of land notified under the Valuation of Land Act 2001.If there is a change in ownership of land, that change takes effect on the date on which the contract for the sale of the land is completed.The Valuer-General is to provide the Commissioner details of the valuation of land –at 1 July in each year; andwhenever the valuation is changed during that year.If it appears to the Commissioner that a person has become the owner of the land and the Commissioner has not received any details or advice, the Commissioner, by notice served on the person, may require the person to state any interest in the land.The statement is to be –by statutory declaration; andlodged with the Commissioner within 14 days after service of the notice.

Assessment of land taxSection 12Subsection (1) substituted by No. 6 of 2002, Sched. 1The Commissioner is to assess land tax payable in respect of land.Section 12Subsection (1A) inserted by No. 6 of 2002, Sched. 1If land tax is payable by an owner of land, the Commissioner is to issue to the owner –an assessment of land tax payable; anda demand for the payment of the land tax.A person who receives an assessment of land tax and considers that he or she was not the owner of the land as at the commencement of the financial year may apply to the Commissioner for reassessment of the liability for that land tax.If the Commissioner is satisfied that a person was not the owner of the land at the commencement of the financial year, the Commissioner is to issue –an amended assessment to that person; andan assessment to the person who was the owner of the land at the commencement of the financial year.

Payment by instalmentsIf the amount of land tax payable in any financial year exceeds $1 000, the Commissioner may accept payment of land tax for that financial year in 3 instalments.If a taxpayer fails to pay the first or second instalment, the Commissioner may require the taxpayer to pay the full amount within a specified period.

Joint ownersLand tax is payable by joint owners of land.Joint owners are –taken to be a single taxpayer; andjointly and severally liable for the full payment of the tax without regard to the relative shares or interests in the land.

Trustees and agentsA trustee of land is –to be assessed for land tax in respect of that land in a representative capacity; andliable for any land tax in respect of the land as if the land were the trustee's.An assessment of land tax payable as a trustee is separate from an individual assessment of land tax payable by the trustee.If an owner of land is represented by an agent, the agent is liable for any land tax in respect of that land.Any agent or trustee is –to do anything required to be done by the owner under this Act; andsubject to the same penalty or liability for any neglect, refusal or default in respect of any obligation or requirement of this Act as the person whom the agent or trustee represents would be subject to.

Notice of change in use of landThe owner of land, within 30 days, must notify the Commissioner by written notice if that land ceases to be –principal residence land; orprimary production land; orexempt land.Fine not exceeding 10 penalty units.

Exempt land

Exempt Crown and public landsLand tax is not payable in respect of the following:Section 17Subsection (1) amended by No. 6 of 2002, Sched. 1Crown land;public roads and public cemeteries that are not the property of any joint stock or public company;public recreation grounds and reserves;land on which is built a public library or public museum;land owned by a local authority or other local governing or statutory public body, other than an applicable authority as defined by the Local Government Act 1993;land owned by any association or society used solely by it for holding public exhibitions and not for profit or gain.For the purpose of subsection (1) –land owned by or vested in a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 is not –Crown land; orland the property of and occupied by or on behalf of the Crown; orland vested in trust for public purposes; anda Government Business Enterprise is not a statutory public body.

Exempt trust landLand tax is not payable in respect of the following:land used for purposes related to a private hospital, rest home or convalescent home and owned by, or in trust for or vested in, any person or body having the ownership, management or control of the private hospital, rest home or convalescent home;land owned by, or in trust for or vested in, a religious denomination or religious society and used solely –for religious, charitable or educational purposes; orfor the support of aged or infirm clergy or ministers of the religious denomination or religious society or their spouses, widows, widowers or dependent children; oras a place of worship for members of the religious denomination, religious society or a religious order; oras a place of residence for clergy or ministers of the religious denomination or religious society or for members of a religious order;land owned by, or in trust for or vested in, a religious denomination or religious society, the proceeds of which are applied for a purpose specified in paragraph (b);land owned by, or in trust for or vested in, a charitable institution and that is –exempt from the payment of income tax under the Income Tax Assessment Act 1997 of the Commonwealth; andused solely for charitable purposes;land vested in trust for public purposes;land used solely for non-profit educational purposes and owned by, or in trust for or vested in, a person or body having the ownership, management or control of a school;land owned by, or in trust for or vested in, an association of ex-servicemen or of dependents of ex-servicemen and used for the purposes of the association;Section 18Amended by No. 6 of 2002, Sched. 1land owned by, or in trust for, or vested in, a community service organisation if –the organisation is exempt from payment of income tax under the Income Tax Assessment Act 1997 of the Commonwealth; andthe land is not primarily used to raise income for the organisation.

Other exempt landLand tax is not payable in respect of the following:land owned 50% or more by a person in receipt of –a current Pensioner Concession Card issued under a relevant Act of the Commonwealth; ora card that is prescribed to be equivalent to the card referred to in subparagraph (i);land, 50% or more of which is owned by a person who is –in receipt of a special rate pension under the Veterans' Entitlements Act 1986 of the Commonwealth; andtotally and permanently incapacitated;Aboriginal land within the meaning of the Aboriginal Lands Act 1995 used principally for Aboriginal cultural purposes;land that is subject to a conservation covenant under Part VA of the National Parks and Wildlife Act 1970 or any other prescribed instrument;land in respect of which land tax was not levied pursuant to section 10(1)(q)(ix) of the Land and Income Taxation Act 1910.

Amount of tax

Amount of land taxThe amount of land tax is to be –determined on the assessed land value or the apportioned assessed land value of the land as at 1 July in each financial year; andset at a rate specified in a land tax rating Act.Land tax may be set in respect of –principal residence land; andprimary production land; andgeneral land.

Adjustment factorThe Valuer-General, in respect of each municipal area, is to determine in April of each year an adjustment factor applicable to any class or description of land in that municipal area with respect to the following financial year.Section 21Subsection (2) amended by No. 6 of 2002, Sched. 1An adjustment factor is a factor by which, in the opinion of the Valuer-General, the land value of land of a particular class or description in a municipal area is to be multiplied if the land value of that land is to accord with the land values generally prevailing on 31 March last preceding the determination in respect of land of that class or description in that municipal area.Section 21Subsection (3) amended by No. 102 of 2001, Sched. 2The adjustment factor is applicable to all land in respect of which the Valuer-General is required to make a valuation under the Valuation of Land Act 2001.The Valuer-General is to –forward a copy of the determination to the Commissioner; andcause a copy of the determination to be published in the Gazette within 14 days after making the determination.

Review of determinationA council or a person, within a period of 30 days after a copy of a determination is published in the Gazette under section 21, may apply to the Valuer-General for a review of that determination.An application for a review of a determination is to be –in writing; andaccompanied by –a statement of the grounds on which the application is made; andone or more valuations of land in the relevant municipal area.The Valuer-General, within 14 days after the end of the period referred to in subsection (1), is to –consider the application; andaffirm or vary the determination to which it relates.The Valuer-General is to –give notice in writing of the variation or affirmation to the applicant; andcause a copy of the varied determination to be published in the Gazette.A determination varied under this section has the same effect as if it had been made under section 21.

Assessed land valueThe assessed land value of land is obtained by multiplying the land value of that land by the relevant adjustment factor.

Aggregate land valueSection 24Subsection (1) amended by No. 6 of 2002, Sched. 1In the case of an owner of several parcels of land, land tax is to be levied on the aggregate land value of those parcels of land as if they were a single parcel of land.Section 24Subsection (2) amended by No. 6 of 2002, Sched. 1If a company or related companies own more than one parcel of land, land tax is to be levied on the aggregate land value of those parcels of land as if they were a single parcel owned by a single company.For the purpose of subsection (1), if a company co-owns land with a natural person, a trustee or another company, the company is the owner of the land if it owns more than 50% of the land.If land is held by a trustee on behalf of more than one trust, land held on behalf of one trust is not to be aggregated with land held on behalf of another trust if the trustee is –a registered trustee company; oran executor, an administrator, a guardian, a committee, a receiver or a liquidator; orappointed by a court.

SubdivisionsIf land is subdivided within the meaning of Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993, the land value of that land is –Section 25Amended by No. 6 of 2002, Sched. 1before any block in that subdivision is sold, the land value determined as if it were a single parcel of land; andSection 25Amended by No. 6 of 2002, Sched. 1after a block in that subdivision is sold, the aggregate land value of the remaining unsold blocks.

Apportioned assessed land value

Apportioned assessed land value for principal residence landIf principal residence land is used for other purposes in addition to the principal residence of an owner or a related person of the owner, the Commissioner is to apportion the land value of the land between principal residence land and general land.The apportioned assessed land value in respect of principal residence land used as the principal residence is determined –if the principal residence is used for other purposes, by multiplying the assessed land value by the proportion of the floor area of the principal residence used as a principal residence; orif principal residence land is used for other purposes, by multiplying the assessed land value by the proportion of land used for principal residence purposes.The apportioned assessed land value in respect of general land is the assessed land value less the apportioned assessed land value in respect of principal residence land.

Apportioned assessed land value for primary production landIf primary production land is used for other purposes in addition to being used for the business of primary production, the Commissioner is to apportion the land value of the land between primary production land and general land.The apportioned assessed land value in respect of primary production land used for the business of primary production is determined by multiplying the assessed land value of the land by the proportion of the land so used.The apportioned assessed land value in respect of general land is the assessed land value less the apportioned assessed land value in respect of primary production land.

Home-unit companiesThe Commissioner is to apportion the land value of land owned by a home-unit company between the flats located on that land.The apportioned assessed land value in respect of a flat in a home-unit company is determined by multiplying the assessed land value by the ratio of the floor area of the flat to the total area of all flats in the home-unit company.If part of principal residence land owned by a home-unit company is not used as the principal residence of a person owning shares in the home unit company, the Commissioner is to apportion the land value of the land between principal residence land and general land.The apportioned assessed land value in respect of principal residence land owned by a home-unit company is the sum of the apportioned assessed land value in respect of the flats in the home-unit company used as principal residences of persons owning shares in the home-unit company.The apportioned assessed land value in respect of general land is the assessed land value less the apportioned assessed land value in respect of principal residence land.

Retirement villagesIf land owned by a retirement village company is used partly for residential purposes and partly for other purposes, the Commissioner is to request the Valuer-General to supply separate valuations in respect of each part.The apportioned assessed land value in respect of a flat in a retirement village is determined by multiplying the assessed land value by the ratio of the floor area of the flat to the total floor area of all flats in the retirement village.If part of principal residence land owned by a retirement village company is not used as the principal residence of persons occupying flats in the retirement village, the Commissioner is to apportion the land value of the land between principal residence land and general land.The apportioned assessed land value in respect of principal residence land owned by a retirement village company is the sum of the apportioned assessed land value in respect of the flats used as principal residences of persons occupying flats in the retirement village.The apportioned assessed land value in respect of general land is the assessed land value less the apportioned assessed land value in respect of principal residence land.

Cooperative housing societiesIf land owned by a cooperative housing society is used partly for residential purposes and partly for other purposes, the Commissioner is to request the Valuer-General to supply separate valuations in respect of each part.The apportioned assessed land value in respect of land owned by a cooperative housing society is determined by multiplying the assessed land value by the ratio of the area of the land to the total land used for residential purposes.If part of principal residence land owned by a cooperative housing society is not used as a principal residence, the Commissioner is to apportion the land value of the land between principal residence land and general land.The apportioned assessed land value in respect of principal residence land owned by a cooperative housing society is the sum of the apportioned assessed land value in respect of the land owned by the cooperative housing society used as principal residences.The apportioned assessed land value in respect of general land is the assessed land value less the apportioned assessed land value in respect of principal residence land.

Companies

Related companiesTwo companies are related to each other if –the same person or same persons together have a controlling interest in both companies; orone of those companies is related to a company to which the other is related; orSection 31Subsection (1) amended by No. 42 of 2001, Sched. 1the companies are related bodies corporate for the purposes of the Corporations Act.Two companies are also related to each other if –more than one-half of the issued share capital of one of those companies is held by the other company or its shareholders or by both the other company and its shareholders together; andthe proportion of the issued share capital of that other company held by shareholders of the first company is more than the difference between one-half and the proportion of the issued share capital of the first company held by the other company.Companies may be related to each other notwithstanding that they do not own land in Tasmania.A reference in subsection (2) to the issued share capital of a company does not include a reference to any part of that issued share capital that confers no right to participate beyond a specified amount in a distribution of either profits or capital.

Controlling interestA person or several persons together have a controlling interest in a company if –the person or persons acting together may control the composition of the board of directors of the company; orthe person or the persons acting together may cast or control the casting of more than half of the maximum number of votes that might be cast at a general meeting of the company; orthe person or the persons acting together hold more than one-half of the issued share capital of the company.The composition of a company's board of directors is taken to be controlled by a person if that person, by the exercise of a power with or without the consent or concurrence of any other person, may appoint or remove all or a majority of the directors.

SharesAny shares held or power exercisable by a person as a trustee or nominee for any other person are to be treated as also held or exercisable by that other person.Any shares held or power exercisable by a person under the provisions of any debentures of another company or of a trust deed for securing any issue of any debentures are to be disregarded.Any shares held or power exercisable by, or by a nominee for, any person otherwise than as mentioned in subsection (2) are to be taken as not held or exercisable by that person if –the ordinary business of that person includes the lending of money; andSection 33Subsection (3) amended by No. 42 of 2001, Sched. 1the shares are held or the power is exercisable only by way of security given for the purposes of a transaction entered into in the ordinary course of business in connection with the lending of money, unless the transaction is entered into with a person associated with that person within the meaning of the Corporations Act.

Liability of companiesIf 2 or more companies related to each other are liable for land tax –those companies are jointly and severally liable for the full payment of that land tax; andthis section does not affect any right of contribution or indemnity between the companies.

Nominee companyIf 2 or more companies related to each other are liable for land tax, they may nominate one of their number to be the one from whom the Commissioner may seek payment of land tax.A nomination is valid even though one or more of the related companies did not join in making the nomination.The Commissioner is to nominate one of the companies referred to in subsection (1) to be the company from whom the Commissioner may seek payment of the land tax payable by those companies if –a nomination is not made; ora nomination is made but the company fails to pay the land tax when required to do so.

Miscellaneous

Onus of establishing factsThe onus is on the owner of land to establish to the satisfaction of the Commissioner any of the following facts:that land or any part of land is principal residence land;that land or any part of land is primary production land;that a dwelling is a principal residence.Until the owner establishes a fact under subsection (1), the Commissioner is to determine land to be general land.

Land tax rebateThe owner of land may apply to the Commissioner for a rebate of land tax in relation to a financial year if –the owner was the owner at the start of the financial year; andduring that financial year a dwelling was constructed on the land and occupied as principal residence by the owner or a related person of the owner; andthe owner during the financial year did not own any other land classified as principal residence land.An application is to be in a form approved by the Commissioner.On receipt of an application, the Commissioner, if satisfied that a rebate is payable, is to grant a rebate equal to the amount of land tax paid.If land tax has been assessed but has not been paid, the Commissioner may waive the requirement to pay the land tax if a rebate would have been granted under this section if the land tax had been paid.

Special rate of land taxThe Minister, on application, may determine that land tax in respect of land owned by a club or body of persons be at a special rate if satisfied that –the land is used principally for the purpose of cricket, football, golf, tennis, bowls or other athletic sports or exercises and not for the pecuniary profit of the members of that club or body; orthe club or body of persons is formed for the purpose of promoting or controlling horseracing, trotting-racing, dog-racing or the racing of motor vehicles and the land is used principally for those purposes.The special rate of land tax is –four-tenths of a cent for every dollar of the assessed land value of the land; orany greater proportion the Minister determines.If a club or body of persons mentioned in subsection (1) sells or otherwise disposes of, or otherwise uses, any part of any land in respect of which a special rate of land tax applies for any purpose other than for the purpose of public recreation or amusement –the Minister may determine that the special rate no longer applies; andthe club or body of persons is liable, on demand, to pay to the Commissioner an amount equal to the difference between –the total amount of land tax paid during the period during which the special rate was in force; andthe total amount of land tax that, but for this section, would have been payable in respect of that land during that period.Land tax is payable under subsection (3) –only for a period up to 3 years; andas if it were an amount due by way of land tax.A special rate applies until the Minister revokes the determination made under subsection (1).If the Minister determines a special rate or revokes the determination, the Commissioner is to give notice in writing to the affected club or body of persons.A club or body of persons mentioned in subsection (1) must advise the Commissioner by notice in writing if –it sells or otherwise disposes of land in respect of which a special rate applies; orit changes the use of the land from that mentioned in that subsection.Fine not exceeding 10 penalty units.

Recovery of unpaid land taxThe Commissioner may recover from an agent any unpaid land tax in respect of land of which the agent is the representative of the owner.Section 39Subsection (2) substituted by No. 6 of 2002, Sched. 1The owner of land, on the sale or transfer of that land, if there is a land value assessed in respect of that land, must pay –if the owner owns only that land, any amount of land tax owing and any penalty tax and interest payable; orif the owner owns additional land and no land tax is payable in respect of the land that is sold or transferred, the lesser of the following:the total amount of land tax owing and any penalty tax and interest payable;the amount calculated by multiplying the total amount of land tax owing, and any penalty tax and interest payable, by the ratio of the land value of the land sold or transferred to the total land value of land owned at 1 July preceding the sale or transfer less any other land sold or transferred after that date; orif the owner owns additional land and land tax is payable in respect of the land that is sold or transferred, the lesser of the following:the total amount of land tax owing and any penalty tax and interest payable;the amount calculated by multiplying the total amount of land tax owing, and any penalty tax and interest payable, by the ratio of the land value of the land sold or transferred to the total land value of land owned at 1 July preceding the sale or transfer less any other land sold or transferred after that date.Fine not exceeding 10 penalty units.Section 39Subsection (3) substituted by No. 6 of 2002, Sched. 1The owner of land, on the sale or transfer of that land, if there is no land value assessed in respect of that land, must pay –if the owner owns only that land, any amount of land tax owing and any penalty tax and interest payable; orif the owner owns additional land, the lesser of the following:the total amount of land tax owing and any penalty tax and interest payable;the amount calculated by multiplying the total amount of land tax owing, and any penalty tax and interest payable, by the ratio of the land area of the land sold or transferred to the total land area of land owned at 1 July preceding the sale or transfer less any other land sold or transferred after that date.Fine not exceeding 10 penalty units.Section 39Subsection (4) inserted by No. 6 of 2002, Sched. 1For the purpose of calculating any amount under subsection (2)(c)(ii), any land in respect of which no land tax is payable is to be excluded.

Recovery of paid land taxA person who pays land tax in respect of land of which the person has ceased to be the owner before the end of the financial year for which the land tax is imposed may recover a proper proportion of the tax from any other person who became owner before that end as money paid for that other person at his or her request. A taxpayer who pays any land tax may recover from every other taxpayer in respect of the same land a proper proportion of the amount paid.An agent or trustee may –recover from any person for whom, or on whose behalf, he or she is liable to pay and has paid land tax the amount of land tax so paid; orretain out of any money coming in his or her representative capacity sufficient money to pay the land tax.

Keeping of accounts by CommissionerThe account of a taxpayer relating to land tax payable in a representative capacity is to be kept separate and distinct from the account of land tax payable by that taxpayer as an individual.The account of taxpayers jointly entitled to, or interested in, the same land relating to land tax payable is to be kept jointly and separate from their sole accounts.

SearchesThe Commissioner, on application and payment of a prescribed fee, is to arrange for a search to be carried out in relation to any land tax paid or owing in respect of any specified land.The Commissioner, on payment of a prescribed fee, is to issue a certificate stating any or all of the following:the amount of land tax paid in respect of any specified land;the amount of land tax owing in respect of that land if the land is the only land owned by the owner;the amount of land tax owing determined in accordance with section 39(2);the date and time at which the search was carried out;any other information the Commissioner determines.A certificate is a statement of facts as at the time and date specified in the certificate.

RegulationsThe Governor may make regulations for the purpose of this Act.The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.A provision referred to in subsection (2) may take effect on and from the day on which this Act commences or a later day.

Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –the administration of this Act is assigned to the Treasurer; andthe department responsible to the Treasurer in relation to the administration of this Act is the Department of Treasury and Finance.

Savings and transitionalThe provisions of Schedule 1 have effect.

Miscellaneous amendmentsThe Income Tax Collection Arrangement Act 1948 is repealed.The Land and Income Taxation Act 1910 is repealed.

Savings and transitionalSection 45InterpretationIn this Schedule,repealed Act means the Land and Income Taxation Act 1910.Land tax payable for financial year 1 July 2000Any land tax due and payable under the repealed Act for the financial year beginning 1 July 2000 is payable at the date or dates determined by the Commissioner under section 170 of the repealed Act.Amendment of assessmentAny amendment of an assessment under the repealed Act for the financial year beginning on 1 July 2000 is to be made under the repealed Act.ProceedingsAny proceedings instituted but not determined before the commencement of this Act for the recovery of land tax payable under the repealed Act are, on and after that commencement, to be determined under the repealed Act.