sec.63LCharge over interest in land for outstanding liability for windfall tax

sec.63L Charge over interest in land for outstanding liability for windfall tax

This section applies if— invalid land tax was purportedly imposed on taxable land for a financial year; and a person is liable for windfall tax in relation to the land for the financial year; and all or part of the windfall tax is not paid by the date the amount (the outstanding liability ) is payable; and the person with the outstanding liability has an interest in the land when the liability becomes payable. The outstanding liability is a first charge on the person’s interest in the land. The charge has priority over all other encumbrances over the person’s interest in the land. Subsection (3) applies— whether the other encumbrances over the person’s interest in the land— are registered or unregistered; or were created before or after the charge arises under subsection (2) ; and despite the Land Title Act 1994 , part 3 , divisions 2 and 2A . The commissioner may lodge, under the Administration Act , par  4, division 5 , a request to register the charge on the land. Despite the Administration Act , section 47B , the registrar of titles must not register the charge if the person is no longer the registered owner of the land. On its registration, the charge is not affected by a disposition of the person’s interest in the land. s 63L ins 2025 No. 15 s 14 (sec.63L-ssec.1) This section applies if— invalid land tax was purportedly imposed on taxable land for a financial year; and a person is liable for windfall tax in relation to the land for the financial year; and all or part of the windfall tax is not paid by the date the amount (the outstanding liability ) is payable; and the person with the outstanding liability has an interest in the land when the liability becomes payable. (sec.63L-ssec.2) The outstanding liability is a first charge on the person’s interest in the land. (sec.63L-ssec.3) The charge has priority over all other encumbrances over the person’s interest in the land. (sec.63L-ssec.4) Subsection (3) applies— whether the other encumbrances over the person’s interest in the land— are registered or unregistered; or were created before or after the charge arises under subsection (2) ; and despite the Land Title Act 1994 , part 3 , divisions 2 and 2A . (sec.63L-ssec.5) The commissioner may lodge, under the Administration Act , par  4, division 5 , a request to register the charge on the land. (sec.63L-ssec.6) Despite the Administration Act , section 47B , the registrar of titles must not register the charge if the person is no longer the registered owner of the land. (sec.63L-ssec.7) On its registration, the charge is not affected by a disposition of the person’s interest in the land.

• (a) invalid land tax was purportedly imposed on taxable land for a financial year; and
• (b) a person is liable for windfall tax in relation to the land for the financial year; and