Commonwealth legislation

Australian Overseas Projects Corporation (Liability to Taxation) Regulations

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

231 of 1978

Collection

legislative instrument

Plain English Summary

2/10 complexity

These regulations ensure that the Australian Overseas Projects Corporation (a government body that helped Australian companies bid for overseas infrastructure projects) remains liable for payroll tax despite its general tax-exempt status.

Under the parent Act, the Corporation is exempt from certain state and territory taxes (specifically section 45(2)). These regulations create a specific exception to that exemption: the Corporation must still pay payroll tax (a tax on employee wages) to every Australian state and the Northern Territory.

Key points:

The Corporation must pay payroll tax under the laws of New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, and the Northern Territory
This applies to current and future versions of those state and territory payroll tax laws
The Corporation keeps its exemption from other state taxes not listed here

JSON API Tax / GST / superannuation

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Australian Overseas Projects Corporation (Liability to Taxation) Regulations.

Australian Overseas Projects Corporation (Liability to Taxation) Regulations

Commonwealth Coat of Arms of Australia

Statutory Rules

1978 No. 231

REGULATIONS UNDER THE AUSTRALIAN OVERSEAS PROJECTS CORPORATION ACT 1978*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Overseas Projects Corporation Act 1978.

Dated this sixteenth day of November 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

J. D. ANTHONY

Minister of State for Trade and Resources

AUSTRALIAN OVERSEAS PROJECTS CORPORATION (LIABILITY TO TAXATION) REGULATIONS

Citation

1. These Regulations may be cited as the Australian Overseas Projects Corporation (Liability to Taxation) Regulations.

Liability to pay-roll tax

Sub-section 45 (2) of the Australian Overseas Projects Corporation Act 1978 does not apply in relation to taxation under each of the following laws:

(a) the Pay-roll Tax Act, 1971 of the State of New South Wales as amended and in force from time to time;

(b) the Pay-roll Tax Act 1971 of the State of Victoria as amended and in force from time to time;

* Notified in the Commonwealth of Australia Gazette on 23 November 1978.

(d) the Pay-roll Tax Act, 1971 of the State of South Australia as amended and in force from time to time;

(e) the Pay-roll Tax Act, 1971 of the State of Western Australia as amended and in force from time to time;

(f) the Pay-roll Tax Act 1971 of the State of Tasmania as amended and in force from time to time;

(g) the Pay-roll Tax Ordinance 1978 of the Northern Territory or that Ordinance as amended and in force from time to time.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Australian Overseas Projects Corporation (Liability to Taxation) Regulations