Commonwealth Places (Mirror Taxes) Modification of Applied Laws (Queensland) Notice 2002

COMMONWEALTH PLACES (MIRROR TAXES)

MODIFICATION OF APPLIED LAWS

(QUEENSLAND) NOTICE 2002

I, Terry Mackenroth, Treasurer of the State of Queensland, make the following notice under section 8(2) of the Commonwealth Places (Mirror Taxes) Act 1998 (Cwlth).

Dated 4 FEBRUARY 2002

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Terry Mackenroth

Treasurer of Queensland

PART 1—PRELIMINARY

1 Short title

This notice may be cited as the Commonwealth Places (Mirror Taxes) Modification of Applied Laws (Queensland) Notice 2002.

2 Commencement

(1) This notice has effect when an arrangement is made under the Commonwealth Places (Mirror Taxes) Act 1998 (Cwlth), section 9, in relation to Queensland.

(2) When the arrangement is made, this notice and the modifications it prescribes are taken to have had effect on 6 October 1997.

PART 2—PRESCRIBED MODIFICATIONS OF DEBITS TAX ACT 1990

3 Modifications of Debits Tax Act

This part modifies the Debits Tax Act 1990 (Queensland) as a law applied under the Commonwealth Places (Mirror Taxes) Act 1998 (Cwlth).

4 Insertion of new s 2A—

After section 2—

insert—

‘2A Interpretation of this Act

‘In this Act—

(a) a reference to the Debits Tax Act 1990 is a reference to that Act as a law applied under the Commonwealth Places (Mirror Taxes) Act 1998 (Cwlth); and

(b) a reference to a liability of a person to the State is a reference to the person’s liability for debits tax to the Commonwealth; and

(c) a reference to a debt or sum due to the State is a reference to a debt or sum due to the Commonwealth; and

(d) a reference to a Minister in section 7(6) of the Commonwealth Act is a reference to a Minister of the Commonwealth or a State.’.

PART 3—PRESCRIBED MODIFICATIONS OF LAND TAX ACT 1915

5 Modifications of Land Tax Act

This part modifies the Land Tax Act 1915 (Queensland) as a law applied under the Commonwealth Places (Mirror Taxes) Act 1998 (Cwlth).

6 Amendment of s 34 (Recovery of tax)

Section 34(1) and (2), ‘Crown’—

omit, insert—

‘Commonwealth’.

7 Amendment of s 37 (Tax to be a first charge on land)

Section 37, ‘other than land tax due to the Commonwealth’—

omit.

PART 4—PRESCRIBED MODIFICATIONS OF STAMP ACT 1894

8 Modifications of Stamp Act

This part modifies the Stamp Act 1894 (Queensland) as a law applied under the Commonwealth Places (Mirror Taxes) Act 1998 (Cwlth).

9 Amendment of s 4B (Duty a debt recoverable by commissioner)

Section 4B(1), ‘Crown’—

omit, insert—

‘Commonwealth’.

10 Insertion of new ss 53AA and 53AB

After section 53—

insert—

‘53AA Rate of duty for single instrument—Commonwealth places

‘(1) This section applies if an instrument of conveyance, as defined in section 53(1), is liable for duty under the Commonwealth Act and the Queensland Act.

‘(2) Subject to subsection (3), the duty chargeable under the Commonwealth Act on the instrument is the duty calculated on the sum of the amounts on which ad valorem duty is calculated under the Commonwealth Act and the Queensland Act.

‘(3) The duty chargeable under the Commonwealth Act is reduced by the duty payable on the instrument under the Queensland Act.

‘53AB Rate of duty for multiple instruments—Commonwealth places

‘(1) This section applies if—

(a) there are 2 or more instruments of conveyance and some of the instruments are liable for duty under the Commonwealth Act and some under the Queensland Act; and

(b) section 53 would apply to the instruments if they were all liable for duty under the Commonwealth Act only.

‘(2) Subject to subsection (3), for calculating the duty under the Commonwealth Act chargeable on an instrument of conveyance, section 53 applies to instruments of conveyance that are liable for duty under the Queensland Act (the “Queensland instruments”) as if the instruments were liable under the Commonwealth Act.

‘(3) The duty chargeable under the Commonwealth Act is reduced by the duty payable on the Queensland instruments under the Queensland Act.’.

11 Replacement of s 91 (Recognition of duty paid in certain circumstances)

Section 91—

omit, insert—

‘91 Recognition of duty paid in certain circumstances

If the Commonwealth Act requires regard to be had to duty previously paid or payable, regard must be had to any duty previously paid or payable under the Queensland Act if regard would have been had under the Commonwealth Act to that duty if that duty was paid or payable under the Commonwealth Act.’.

12 Amendment of sch 2 (Dictionary)

Schedule 2—

insert—

‘“Commonwealth Act” means the Stamp Act 1894 (Queensland) as a law applied under the Commonwealth Places (Mirror Taxes) Act 1998 (Cwlth).

“Queensland Act” means the Stamp Act 1894 (Queensland).’.