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Commonwealth act
This Act makes certain Commonwealth authorities liable to pay the Australian Capital Territory (ACT) payroll tax by removing or limiting tax‑exemption clauses in their establishing Acts (see ss 4–5). It applies to authorities established by statute that were registered, or had registration pending, as employers before the ACT Payroll Tax Act 1987 (s 3). Affected authorities must pay ACT payroll tax going forward and cannot recover payments they made before this Act commenced (s 6).
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Direct links to the current provisions in Commonwealth Authorities (Australian Capital Territory Pay-roll Tax) Act 1995.
This Act may be cited as the Commonwealth Authorities (Australian Capital Territory Pay‑roll Tax) Act 1995.
This Act commences on the day on which it receives the Royal Assent.
(1) In this Act:
Commonwealth authority means an authority or body that:
(a) was established by an Act; and
(b) immediately before the commencement of the Payroll Tax Act 1987 of the Australian Capital Territory, was registered as an employer, or had an application for registration pending, under:
(i) the former Pay‑roll Tax (Territories) Assessment Act 1971; or
(ii) the pay‑roll tax law of a State or Territory;
Note: The Payroll Tax Act 1987 of the Australian Capital Territory commenced on 1 August 1987.
pay‑roll tax law means a law that relates to the imposition, assessment and collection of a tax on wages.
(2) For the purposes of this Act, a Commonwealth authority constituted or continued in existence by an Act is taken to be established by that Act.
(1) This section applies to a Commonwealth authority if its establishing Act contains a provision: (a) to the effect that the authority is not subject to taxation under a law of a State or Territory to which the Commonwealth is not subject; or (b) to the effect that, except for taxation of a specified kind, the authority is not subject to taxation under a law of a State or Territory to which the Commonwealth is not subject. (2) The provision does not have effect in relation to tax that is payable under the Payroll Tax Act 1987 of the Australian Capital Territory.
(1) This section applies to a Commonwealth authority if: (a) its establishing Act contains a provision: (i) to the effect that, except under a law specified in regulations made under the Act, the authority is not subject to taxation under a law of a State or Territory; or (ii) to the effect that, except under a law specified in regulations made under the Act, the authority is not subject to taxation under a law of the Commonwealth or of a State or Territory; or (iii) to the effect that, except under a law specified in regulations made under the Act, and except for taxation of a specified kind, the authority is not subject to taxation under a law of a State or Territory; or (iv) to the effect that, except under a law specified in regulations made under the Act, and except for taxation of a specified kind, the authority is not subject to taxation under a law of the Commonwealth or of a State or Territory; and (b) immediately before the commencement of this Act, regulations were in operation specifying a pay‑roll tax law of the Commonwealth or of a State or Territory. (2) The provision has effect as if the Payroll Tax Act 1987 of the Australian Capital Territory were also specified in regulations made under the Act.
If a Commonwealth authority made any payments before the commencement of this Act on the basis that the payments were payable under the pay‑roll tax law of the Australian Capital Territory, the Commonwealth authority cannot recover those payments.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Commonwealth Authorities (Australian Capital Territory Pay‑roll Tax) Act 1995.
This Act commences on the day on which it receives the Royal Assent.
(1) In this Act:
Commonwealth authority means an authority or body that:
(a) was established by an Act; and
(b) immediately before the commencement of the Payroll Tax Act 1987 of the Australian Capital Territory, was registered as an employer, or had an application for registration pending, under:
(i) the former Pay‑roll Tax (Territories) Assessment Act 1971; or
(ii) the pay‑roll tax law of a State or Territory;
Note: The Payroll Tax Act 1987 of the Australian Capital Territory commenced on 1 August 1987.
pay‑roll tax law means a law that relates to the imposition, assessment and collection of a tax on wages.
(2) For the purposes of this Act, a Commonwealth authority constituted or continued in existence by an Act is taken to be established by that Act.
(1) This section applies to a Commonwealth authority if its establishing Act contains a provision: (a) to the effect that the authority is not subject to taxation under a law of a State or Territory to which the Commonwealth is not subject; or (b) to the effect that, except for taxation of a specified kind, the authority is not subject to taxation under a law of a State or Territory to which the Commonwealth is not subject. (2) The provision does not have effect in relation to tax that is payable under the Payroll Tax Act 1987 of the Australian Capital Territory.
(1) This section applies to a Commonwealth authority if: (a) its establishing Act contains a provision: (i) to the effect that, except under a law specified in regulations made under the Act, the authority is not subject to taxation under a law of a State or Territory; or (ii) to the effect that, except under a law specified in regulations made under the Act, the authority is not subject to taxation under a law of the Commonwealth or of a State or Territory; or (iii) to the effect that, except under a law specified in regulations made under the Act, and except for taxation of a specified kind, the authority is not subject to taxation under a law of a State or Territory; or (iv) to the effect that, except under a law specified in regulations made under the Act, and except for taxation of a specified kind, the authority is not subject to taxation under a law of the Commonwealth or of a State or Territory; and (b) immediately before the commencement of this Act, regulations were in operation specifying a pay‑roll tax law of the Commonwealth or of a State or Territory. (2) The provision has effect as if the Payroll Tax Act 1987 of the Australian Capital Territory were also specified in regulations made under the Act.
If a Commonwealth authority made any payments before the commencement of this Act on the basis that the payments were payable under the pay‑roll tax law of the Australian Capital Territory, the Commonwealth authority cannot recover those payments.