This Act sets who pays land tax and how much: principal residences and primary production land are exempt, general land is charged under a three-tier schedule, and land attracting a foreign-investor levy pays an additional 2% of assessed value. It fixes commencement and rounding rules, assigns administration to the Treasurer until otherwise ordered, and repeals earlier land tax Acts. The changes affect landowners and investors by changing tax liabilities, apportionment mechanics and an extra surcharge for foreign-investor land.
This Act sets the amounts and basic rules for annual land tax in Victoria by establishing exemptions, a standard rate schedule for general land, a targeted surcharge for land subject to the foreign investor land tax regime, rounding rules for the resulting tax amounts, and a temporary administrative assignment. It is designed to be read together with the Land Tax Act 2000: definitions and many operational mechanisms (for example, how land is apportioned, how liability is determined, payment timing, notices, and enforcement) are supplied by that Act and incorporated by reference (s 3(1)-(2)).
Mechanically, the Act does the following.
Declares its commencement date: 1 January 2001 (s 2).
Declares that principal residence land and primary production land attract nil land tax for each relevant financial year beginning 1 July following commencement or any subsequent year (s 4(1); s 5(1)). It also provides that if such land is apportioned under certain apportionment provisions of the Land Tax Act 2000, the apportioned assessed values corresponding to principal residence land or primary production land are also taxed at nil (s 4(2); s 5(2)).
Sets the method for calculating land tax on “general land”: land tax for general land is calculated under Schedule 1 according to assessed land value (s 6(1)). If land has been apportioned between principal residence or primary production and general land under referenced apportionment sections of the Land Tax Act 2000, the apportioned assessed value of the general land is to be taxed under Schedule 1 (s 6(2)-(3)).
Introduces an additional foreign investor land tax for land where foreign investor land tax is payable under the Land Tax Act 2000: 2 per cent of assessed land value for financial years beginning 1 July 2022 or later, applied in addition to any other land tax payable (s 6A(1)-(3)).
Current sections
Direct links to the current provisions in Land Tax Rating Act 2000.
(2) Any term used in this Act that is defined in the Land Tax Act 2000 has the same meaning as so defined.
4
Principal residence land
4 Principal residence land
(1) In a financial year beginning on 1 July following the commencement of this Act or on 1 July in any subsequent year, the amount of land tax payable in respect of principal residence land is nil.
(2) If principal residence land is apportioned under section 26, 28, 29 or 30 of theLand Tax Act 2000 , the amount of land tax payable in respect of the apportioned assessed land value in respect of any principal residence land is nil.
5
Primary production land
5 Primary production land
(1) In a financial year beginning on 1 July following the commencement of this Act or on 1 July in any subsequent year, the amount of land tax payable in respect of primary production land is nil.
(2) If primary production land is apportioned under section 27 of theLand Tax Act 2000 , the amount of land tax payable in respect of the apportioned assessed land value in respect of any primary production land is nil.
(1) In a financial year beginning on 1 July following the commencement of this Act or on 1 July in any subsequent year, the amount of land tax payable in respect of general land is to be calculated in accordance with Schedule 1 according to the assessed land value of that land.
(2) If principal residence land is apportioned under section 26, 28, 29 or 30 of theLand Tax Act 2000 , the amount of land tax payable in respect of the apportioned assessed land value in respect of any general land is to be calculated in accordance with Schedule 1 according to the apportioned assessed land value of the general land.
(3) If primary production land is apportioned under section 27 of theLand Tax Act 2000 , the amount of land tax payable in respect of any land apportioned as general land is to be calculated in accordance with Schedule 1 according to the apportioned assessed land value of the general land.
6A
Foreign investor land tax payable on certain land
6A Foreign investor land tax payable on certain land
(1) This section applies to land if foreign investor land tax is payable in respect of the land under the Land Tax Act 2000 .
(2) In a financial year beginning on 1 July 2022 or on 1 July in any subsequent year, the amount of land tax payable in respect of land to which this section applies is 2% of the assessed land value of the land.
(3) The amount of land tax payable in respect of land under subsection (2) is in addition to any other amount of land tax payable under the Land Tax Act 2000 in respect of the land.
7
Amounts rounded up or down
7 Amounts rounded up or down
If the amount of land tax payable when converted to cents is not exactly divisible by 10, that amount of land tax is to be –
(a) rounded up to the nearest amount exactly divisible by 10, if the number of cents remaining is more than 5; or
(b) rounded down to the nearest amount exactly divisible by 10, if the number of cents remaining is 5 or less.
| | Assessed or apportioned assessed land value of land | Amounts and rates of land tax |
| 1. | Less than $125 000 | Nil |
| 2. | $125 000 - $499 999.99 | $50 and 0.45 cents for each dollar of the assessed land value or apportioned assessed land value in excess of $125 000 |
| 3. | $500 000 or more | $1 737.50 and 1.5 cents for each dollar of the assessed land value or apportioned assessed land value in excess of $500 000 |
Source text
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
This Act may be cited as the Land Tax Rating Act 2000 .
2 Commencement
2 Commencement
This Act commences on 1 January 2001.
3 Construction
3 Construction
(1) This Act is to be read together with the Land Tax Act 2000 .
(2) Any term used in this Act that is defined in the Land Tax Act 2000 has the same meaning as so defined.
4 Principal residence land
4 Principal residence land
(1) In a financial year beginning on 1 July following the commencement of this Act or on 1 July in any subsequent year, the amount of land tax payable in respect of principal residence land is nil.
(2) If principal residence land is apportioned under section 26, 28, 29 or 30 of theLand Tax Act 2000 , the amount of land tax payable in respect of the apportioned assessed land value in respect of any principal residence land is nil.
5 Primary production land
5 Primary production land
(1) In a financial year beginning on 1 July following the commencement of this Act or on 1 July in any subsequent year, the amount of land tax payable in respect of primary production land is nil.
(2) If primary production land is apportioned under section 27 of theLand Tax Act 2000 , the amount of land tax payable in respect of the apportioned assessed land value in respect of any primary production land is nil.
5A.
[Section 5A Inserted by No. 5 of 2010, s. 12, Applied:01 Jul 2010][Section 5A Repealed by No. 21 of 2011, s. 23, Applied:01 Jul 2011]
6 General land
6 General land
(1) In a financial year beginning on 1 July following the commencement of this Act or on 1 July in any subsequent year, the amount of land tax payable in respect of general land is to be calculated in accordance with according to the assessed land value of that land.
Provides a rounding rule for tax amounts converted to cents: round up to the nearest amount exactly divisible by 10 cents if the remaining cents exceed 5; round down if the remaining cents are 5 or less (s 7).
Assigns administration, until an Administrative Arrangements Act order provides otherwise, to the Treasurer and the Department of Treasury and Finance (s 8).
Repeals predecessor land tax Acts (s 9).
The Schedule supplies the specific thresholds, dollar offsets and per-dollar rates that determine the tax on general land: nil under $125,000; a low-rate band between $125,000 and $499,999.99 consisting of $50 plus 0.45 cents for each dollar in excess of $125,000; and a top band for $500,000 or more consisting of $1,737.50 plus 1.5 cents for each dollar in excess of $500,000 (Schedule 1, applied via s 6). The Act also records a sequence of amendments and insertions to Schedule 1 and s 6A (annotations).
The Act does not, by itself, set out enforcement, penalties, registration, return or payment procedures. Those operational rules (and the definitions of terms used in this Act such as “principal residence land”, “primary production land”, “assessed land value”, and the concept of foreign investor land tax being payable) are located in the Land Tax Act 2000, to which this Act is to be read together (s 3(1)-(2)).
Main concepts
The Act structures land tax liability around a small set of linked legal concepts. These are defined or operationalised in this Act and by reference to the Land Tax Act 2000 (s 3(1)-(2)). The core concepts are:
Principal residence land, primary production land and general land. The Act treats these categories differently. Principal residence land and primary production land are taxed at nil for each relevant financial year (s 4(1); s 5(1)). General land is taxed according to a graduated schedule (s 6(1)). The Act explicitly contemplates that land may be apportioned among categories under particular apportionment provisions of the Land Tax Act 2000 and directs how the apportioned assessed values are to be treated (s 4(2); s 5(2); s 6(2)-(3)). The Act does not define these categories itself; it defers definitions to the Land Tax Act 2000 (s 3(2)).
Assessed land value. Schedule 1 rates are to be applied “according to the assessed land value” or “apportioned assessed land value” (s 6(1)-(3); Schedule 1). This Act therefore treats the assessed value as the monetary base to which the schedule applies. The method used to determine assessed land value , valuation date, valuation authority, appeals , is not in this Act and must be found in the Land Tax Act 2000.
Rate schedule for general land (Schedule 1, applied by s 6). Schedule 1 establishes:
Nil for assessed value less than $125,000.
For $125,000-$499,999.99: $50 plus 0.45 cents for each dollar in excess of $125,000.
For $500,000 or more: $1,737.50 plus 1.5 cents for each dollar in excess of $500,000.
The Schedule is the operative mechanism that converts assessed value into a monetary charge for general land.
Foreign investor land tax surcharge (s 6A). For land to which “foreign investor land tax is payable” under the Land Tax Act 2000, this Act imposes an additional charge equal to 2 per cent of the assessed land value for financial years beginning 1 July 2022 or later (s 6A(1)-(2)). That additional charge is explicitly “in addition to any other amount of land tax payable” under the Land Tax Act 2000 (s 6A(3)).
Rounding mechanism (s 7). The Act prescribes a specific rounding method when the computed tax, expressed in cents, is not exactly divisible by 10. Rounding is to the nearest 10 cents, with the tie-break at exactly 5 cents being a round-down,i.e., if cents remaining is 5 or less, round down; if more than 5, round up (s 7).
Administrative assignment (s 8). The Act temporarily assigns administration to the Treasurer and the Department of Treasury and Finance until an Administrative Arrangements Act order provides otherwise (s 8(a)-(b)).
Relationship with the Land Tax Act 2000 (s 3). This Act is structurally dependent on the Land Tax Act 2000 for definitions, apportionment rules and many operational elements. The Act’s text repeatedly says that apportionment under specified sections of the Land Tax Act 2000 determines how nil-exempt portions or general land portions are to be assessed (s 4(2); s 5(2); s 6(2)-(3); s 6A(1)).
The Act is therefore rate- and category-focussed rather than procedure-focussed. It sets the numerical and categorical substance of land tax liability; it delegates or references the procedural, definitional and enforcement detail to the Land Tax Act 2000 and to administrative arrangements (s 3; s 8).
Who it affects
The Act affects owners (or those treated as liable persons under the Land Tax Act 2000) of land in Victoria insofar as the liability to pay land tax is determined under the Land Tax Act 2000 and the amounts are set by this Act. The Act itself repeatedly uses the phrase “amount of land tax payable in respect of [land]” (see s 4(1)-(2), s 5(1)-(2), s 6(1)-(3), s 6A(2)-(3)). Because definitions are supplied by the Land Tax Act 2000 (s 3(2)), the precise population of persons “affected” , for example, whether liability falls on registered owners, tenants in possession, trustees, corporations or bare legal title holders , is not specified here; those are matters for the Land Tax Act 2000.
Distinct groups and how they are affected under this Act:
Owners of principal residence land. For each financial year beginning on 1 July after commencement and subsequent years, principal residence land attracts no land tax: the amount of land tax payable is nil (s 4(1)). If part of a parcel is apportioned as principal residence land under the relevant Land Tax Act apportionment sections, the apportioned assessed value corresponding to principal residence land is taxed at nil (s 4(2)). The practical effect is a statutory zero monetary liability attributable to the assessed value of principal residence land as defined in the Land Tax Act 2000.
Owners of primary production land. Analogous treatment to principal residence land: primary production land carries nil land tax each financial year specified (s 5(1)), and apportioned primary production land is similarly subject to nil for the apportioned assessed value (s 5(2)). Those definitions and apportionment rules are in the Land Tax Act 2000 (s 3(2)).
Owners of general land. Land that does not fall within the nil categories is “general land” for tax purposes under this Act and is taxed according to Schedule 1, which establishes bands, a fixed base amount and per-dollar rates keyed to assessed value (s 6(1); Schedule 1).
Owners of land to which foreign investor land tax applies. Where the Land Tax Act 2000 determines that foreign investor land tax is payable in respect of land, this Act imposes an additional 2 per cent of assessed land value for financial years beginning 1 July 2022 or later (s 6A(1)-(3)). The Act states this 2 per cent is in addition to other land tax amounts payable under the Land Tax Act 2000. The affected population therefore depends on the definition and operational determination of “foreign investor land tax is payable” in the Land Tax Act 2000 (s 6A(1)).
Administrators and the Department of Treasury and Finance. Until an Administrative Arrangements Act order changes the administration, the Treasurer and the Department of Treasury and Finance are the responsible decision-makers for administering this Act (s 8). That assignment affects who issues invoices, collects tax and processes disputes , insofar as those administrative actions implement the amounts and rules set out in this Act.
Persons dealing with apportionment issues. The Act expressly relies on apportionment under sections 26, 27, 28, 29 and 30 of the Land Tax Act 2000 for treating parts of parcels as principal residence, primary production, or general land (s 4(2); s 5(2); s 6(2)-(3)). Anyone with land that may be split into different use or entitlement categories is therefore affected by the interplay between this Act’s monetary outcomes and the Land Tax Act 2000 apportionment procedures.
The Act itself contains no appeal or penalty provisions. Consequently, enforcement, assessment methodology, liability allocation among co-owners, timing of payment and other practical mechanisms that materially affect affected parties are found in the Land Tax Act 2000 and the administrative arrangements under s 8. Practitioners should therefore treat this Act as the rate and exemption schedule that will apply once liability is determined under the Land Tax Act 2000.
Key duties and rights
This Act is primarily prescriptive about tax amounts rather than rights or procedural duties. It does, however, create concrete monetary entitlements and obligations once liability under the Land Tax Act 2000 has been established. The Act cross-references the Land Tax Act 2000 for the underlying liability framework (s 3(1)-(2)), which means the substantive duties and rights relating to assessment, notices, payment dates, objection, review and penalty procedures are not restated here. Within the scope of this Act the key duties and rights are:
Right to nil liability for principal residence land. If land qualifies as “principal residence land” under the Land Tax Act 2000, the amount of land tax payable in respect of that land is nil for each relevant financial year (s 4(1)). Where apportionment under particular sections of the Land Tax Act 2000 allocates part of assessed value to principal residence land, the apportioned assessed value is to be treated as nil for land tax purposes (s 4(2)). The right created is a statutory exemption from monetary land tax for principal residence-assessed values.
Right to nil liability for primary production land. Similarly, primary production land, and apportioned primary production assessed value, attract nil land tax (s 5(1)-(2)). The duty to demonstrate or establish that land qualifies as primary production (for example by application of apportionment provisions) will be governed by rules and documentary requirements in the Land Tax Act 2000, not by this Act.
Duty to calculate and pay land tax for general land according to Schedule 1. For general land the duty is to calculate land tax in accordance with Schedule 1 based on assessed land value (s 6(1)). If apportionment produces an apportioned assessed value attributable to general land, that apportioned value is to be used with Schedule 1 to compute the tax for that portion (s 6(2)-(3)). The Act thereby creates an arithmetic obligation: apply the appropriate Schedule bracket and per-dollar rate to the (apportioned) assessed land value.
Duty to add foreign investor land tax where applicable. Where the Land Tax Act 2000 makes foreign investor land tax payable in respect of land, an additional amount equal to 2 per cent of assessed land value is payable under this Act for financial years beginning 1 July 2022 or later (s 6A(1)-(2)). The Act further requires that the additional amount be added to any other land tax amounts payable under the Land Tax Act 2000 (s 6A(3)). In practical terms, the duty is to compute the Schedule 1 liability and then compute and add the 2 per cent surcharge for qualifying land.
Duty to apply the statutory rounding rule. After calculating the tax amount in dollars and cents, the taxpayer or administering authority must apply the rounding rule in s 7. If the tax converted to cents is not exactly divisible by 10, round up to the nearest amount divisible by 10 if the cent remainder is more than 5; otherwise round down.
Administrative duty allocation. Until an Administrative Arrangements Act order reassigns administration, the Treasurer and the Department of Treasury and Finance are assigned responsibility for administering the Act (s 8). The practical implications are that notices, receipts and administrative contacts will be from or to those offices; however, the Act does not detail the forms, timing and processes for those administrative functions.
Implied duty to use Land Tax Act definitions and procedures. Because the Act expressly adopts definitions and refers to apportionment provisions of the Land Tax Act 2000 (s 3(2); s 4(2); s 5(2); s 6(2)-(3); s 6A(1)), parties must follow the Land Tax Act 2000’s procedures to establish classification, assessed value and liability. The Act does not stand alone: the rights to nil treatment and the duty to pay are contingent upon classification and processes governed by the Land Tax Act 2000.
This Act does not confer procedural rights such as objection, review or appeal; nor does it state penalty amounts or recovery powers. Those rights and duties are therefore to be found in the Land Tax Act 2000 and the administrative practices implemented by the Treasurer under s 8.
Penalties and enforcement
The Act contains no standalone penalty or enforcement provisions. It focuses on exemptions, rates and the administrative allocation of responsibility for the Act, while expressly deferring definitions and many operational matters to the Land Tax Act 2000 (s 3(1)-(2)). The following points are directly drawn from the Act’s text and its structural interaction with the Land Tax Act 2000:
No penalty provisions in this Act. There are no sections in this Act that prescribe penalties, interest for late payment, recovery mechanisms, liability notices, objection or appeal processes. The Act’s text is silent on enforcement measures.
Enforcement and penalty mechanisms must be sought in the Land Tax Act 2000. Because this Act is to be read together with the Land Tax Act 2000 and depends on its definitions and apportionment mechanisms (s 3(1)-(2)), any enforcement, administrative sanction, interest charge or penalty available to the administering authority will be those provided by the Land Tax Act 2000 and subordinate instruments made under it. Practitioners must consult the Land Tax Act 2000 for the operational enforcement framework.
Administration and practical enforcement actors. Section 8 assigns administration of this Act to the Treasurer and the Department of Treasury and Finance until an Administrative Arrangements Act order says otherwise (s 8(a)-(b)). In practice, the administering authority under s 8 will be the body that issues assessments, collects payments and enforces compliance, subject to the powers in the Land Tax Act 2000. The Act therefore identifies the institutional actor responsible for enforcement action, although it does not itself provide the powers.
Rounding may affect small enforcement differences. The rounding rule in s 7 prescribes how computed amounts are rounded to amounts exactly divisible by 10 cents. The absence of explicit penalty figures in this Act means that the calculation and rounding of the base tax figure will feed into any enforcement action (for example, arrears recovery) conducted under the Land Tax Act 2000. The specific rounding rule (round down on a 5-cent tie) can create minor but concrete differences in amounts enforced.
Foreign investor surcharge increases exposure to enforcement amounts. Section 6A creates an additional 2 per cent charge for land where foreign investor land tax is payable under the Land Tax Act 2000 (s 6A(2)-(3)). Any default on that component would fall within the Land Tax Act 2000 enforcement regime. Because the surcharge is calculated as a percentage of assessed land value rather than a per-parcel flat fee, failure to pay can materially increase the enforcement exposure for affected owners.
Transitional and historical repeal implications. Section 9 repeals earlier Acts (the Land Tax Act 1996 and 1997). While repeal alone does not state enforcement transitions, repeal points to a consolidating legislative framework. Any historical enforcement measures or outstanding liabilities originally issued under the repealed Acts would have to be handled pursuant to transitional and saving provisions found elsewhere, likely in the Land Tax Act 2000 or in transitional instruments. The text of this Act does not specify those transitional enforcement arrangements.
In short, enforcement powers, penalty rates, interest and recovery practice are not contained in this Act; this Act supplies the monetary metrics that enforcement would act upon, while deferring to the Land Tax Act 2000 and administrative arrangements for penalty and enforcement mechanics (s 3; s 8).
How it interacts with other laws
This Act is explicitly designed to operate in tandem with the Land Tax Act 2000 and to remain administratively flexible pending an Administrative Arrangements Act order. The interactions recorded in the Act are specific and structural:
Reads together with the Land Tax Act 2000 (s 3(1)). The Act instructs that it is “to be read together” with the Land Tax Act 2000, which means its provisions must be interpreted and applied in the context of the Land Tax Act’s definitions, procedural rules and enforcement mechanisms. This Act supplies rate and exemption rules while the Land Tax Act 2000 supplies liability mechanics.
Adopts definitions from the Land Tax Act 2000 (s 3(2)). Any term used in this Act that is defined in the Land Tax Act 2000 has “the same meaning as so defined”. That cross-reference affects the meaning of principal residence land, primary production land, assessed land value, foreign investor land tax payable and other key terms used throughout the Act.
Relies on apportionment sections of the Land Tax Act 2000 (s 4(2); s 5(2); s 6(2)-(3)). The Act repeatedly instructs how apportioned assessed values are to be treated, but those apportionments are determined under specified sections (for example, sections 26, 27, 28, 29 and 30) of the Land Tax Act 2000. Thus the Act prescribes financial outcomes for apportioned portions but defers to the Land Tax Act for the mechanics that create those apportionment figures.
Connects to the Administrative Arrangements Act 1990 for administrative assignment (s 8). Section 8 provides that until an order under s 4 of the Administrative Arrangements Act 1990 is made, administration is assigned to the Treasurer and the Department of Treasury and Finance. Administrative Arrangements Act orders can reassign responsibility to another minister or agency, so the Act’s administration is explicitly contingent on that separate statutory mechanism.
Supplements the Land Tax Act 2000 with a targeted surcharge (s 6A). Section 6A interacts with the foreign investor land tax regime contained in the Land Tax Act 2000: it applies only if foreign investor land tax is payable under that Act (s 6A(1)), and it adds 2 per cent of assessed land value for financial years from 1 July 2022 (s 6A(2)-(3)). In effect, s 6A is a top-up rule that operates in combination with whatever liability and criteria the Land Tax Act 2000 establishes.
Repeals earlier land tax Acts (s 9). The Act repeals the Land Tax Act 1996 and Land Tax Act 1997 (s 9(1)-(2)). The practice effect is a legislative consolidation: the current charging and exemption rules are in this Act read with the Land Tax Act 2000. Any transitional savings, freeze or legacy claim treatment would be governed by transitional provisions elsewhere, but this Act does not set them out.
Schedule 1 amendments reference. The Schedule bears amendment and substitution annotations that show its interaction with subsequent amending Acts (not reproduced in full here), indicating the rate schedule is periodically changed by later amending legislation. The Schedule as printed in this Act is therefore a snapshot subject to those annotated amendments.
Because the Act establishes monetary rules but not the procedural framework, practitioners must apply this Act in conjunction with the Land Tax Act 2000 for:
characterising land,
valuation methodology,
apportionment mechanics,
allocation of liability among multiple owners,
payment timing,
notices, and
enforcement and review procedures.
Finally, the Act’s temporary administrative assignment via the Administrative Arrangements Act mechanism creates an external linkage to administrative law practice for any changes in responsibility for administering the Act (s 8).
Amendment history
The Act text contains embedded amendment and insertion annotations that identify discrete historical changes to particular sections and the Schedule. The main amendment milestones recorded within the Act are:
Commencement and early context. The Act commenced on 1 January 2001 (s 2). The consequential structure is that the first relevant financial year (for the purposes of the year-beginning language in s 4(1), s 5(1) and s 6(1)) is the financial year beginning 1 July following commencement (s 4(1)-s 6(1) language).
Section 5A: inserted and repealed. Section 5A was inserted by No. 5 of 2010, s 12, applied 1 July 2010, and subsequently repealed by No. 21 of 2011, s 23, applied 1 July 2011. The schedule notes record both the insertion and the repeal annotations beside s 5A. The text of s 5A itself does not appear in the printed Act text provided, but the annotations record the legislative history for that section.
Schedule 1 substitutions and amendments. Schedule 1 has a sequence of substitution and amendment notes:
Schedule 1 was substituted by No. 24 of 2002, s 31, applied 1 July 2002.
Schedule 1 was substituted again by No. 22 of 2005, s 22, applied 1 July 2005.
Schedule 1 substituted by No. 5 of 2010, s 13, applied 1 July 2010.
Schedule 1 substituted by No. 8 of 2021, s 17, applied 1 July 2021.
Schedule 1 amended by No. 10 of 2022, s 4, applied 1 July 2022 (multiple amendment annotations for parts Hpa, Hpb, Hpc, Hpd, Hpe).
Schedule 1 amended by No. 5 of 2024, s 13, applied 1 July 2024 (multiple amendment annotations Hpa-Hpd).
The annotations indicate that the numeric rates, thresholds and formulae in Schedule 1 have been the subject of periodic legislative change. The printed Schedule in this Act is the version as at the latest substitution and amendment applied dates shown in the annotations.
Section 6A insertion. Section 6A was inserted by No. 17 of 2022, s 4, applied 1 July 2022 (the insertion annotation appears directly above s 6A). That amendment created the specific 2 per cent foreign investor land tax surcharge for relevant land and set the application date for that measure.
Interaction with repeals of earlier Acts. Section 9 repeals the Land Tax Act 1996 and the Land Tax Act 1997 (s 9(1)-(2)). Those repeals form part of the statutory consolidation and history of the contemporary land tax statutes. The precise transitional or saving provisions for liabilities arising under the repealed Acts are not contained in the printed text here; those would appear in the repeal and transitional clauses of the Acts that effected consolidation.
Administrative assignment remains subject to order. Section 8 assigns administration to the Treasurer until an order under s 4 of the Administrative Arrangements Act 1990 provides otherwise (s 8). Any consequential amendment in administration would be recorded by Administrative Arrangements orders; the Act’s text provides for that administrative flexibility without itself changing the substance of the tax.
Practitioners should note that the Schedule and s 6A are the parts of the Act that have attracted the most recent amendments and substitutions according to the printed annotations; the Schedule’s rates and the 2022 insertion of s 6A are the principal substantive shifts recorded in the Act’s internal amendment history.
Litigation history
The Act’s text does not record any cases or judicial determinations. It names no litigants and contains no schedule of judicial interpretations. The printed legislative text therefore provides no litigation history for its provisions.
Practical implications for researchers and practitioners:
Use the Land Tax Act 2000 for case references. Because this Act defers definitions, liability mechanics and apportionment rules to the Land Tax Act 2000 (s 3(1)-(2)), most litigation that tests classification, apportionment, assessment procedure, payment timing, liability allocation among multiple owners, or enforcement will arise under or cite the Land Tax Act 2000 and the administrative practices of the Treasurer’s department. Any contested interpretation of the monetary rules in this Act , for example, disputes about whether the Schedule was correctly applied, whether the foreign investor surcharge applied, or about rounding , would still be litigated with reference to the Land Tax Act 2000 framework and relevant evidence about assessed land value.
No statutory precedent recorded here. Because there is no appellate or trial material referenced in the Act, you cannot rely on this Act alone for legal precedent. Any interpretive disputes about phrases such as “foreign investor land tax is payable in respect of the land under the Land Tax Act 2000” (s 6A(1)) or the operation of apportionment references would be resolved by courts or tribunals, but there is nothing in this Act that reports such outcomes.
Areas likely to generate litigation (based on the Act’s structure, not on recorded cases):
Classification disputes: whether particular land qualifies as principal residence land or primary production land for the purposes of the nil treatment (s 4; s 5), which the Act leaves to the Land Tax Act 2000’s definitions and apportionment processes.
Apportionment and valuation disagreements: calculation of apportioned assessed land value under the cited apportionment sections of the Land Tax Act 2000 and the interaction with Schedule 1 obligations (s 4(2); s 5(2); s 6(2)-(3); Schedule 1).
Application of the foreign investor surcharge: whether the Land Tax Act 2000 has correctly determined that foreign investor land tax is payable, and therefore whether s 6A applies, and whether the amount was correctly calculated (s 6A(1)-(3)).
Rounding disputes: interpretation or mechanical application of s 7’s rounding rule in close cent cases.
Advice for legal research. To assemble a litigation history relevant to applying this Act in practice, search for cases that cite both this Act and the Land Tax Act 2000, and examine decisions about apportionment, classification and valuation that affect the assessed land value used in Schedule 1 calculations. Administrative decisions and tribunal reviews concerning notices issued by the Treasurer under the Land Tax Act 2000 will also be relevant.
Because the Act contains no litigation record itself, an accurate picture of judicial interpretation requires case-law research beyond the printed Act text, focusing on how courts and tribunals have applied the Land Tax Act 2000 together with this Act’s schedule and surcharge provisions.
Gotchas
This Act is compact, but several practical pitfalls and traps arise from its architecture and its reliance on the Land Tax Act 2000. Below are concrete issues to watch for, grounded in the Act’s text.
Definitions are not in this Act. The Act repeatedly instructs that any term defined in the Land Tax Act 2000 has the same meaning in this Act (s 3(2)). That means that terms like “principal residence land”, “primary production land”, “assessed land value”, and “foreign investor land tax is payable” must be interpreted via the Land Tax Act 2000. Assuming ordinary language meanings without checking the Land Tax Act 2000 can lead to incorrect classification and misapplication of nil exemptions or surcharge obligations.
Apportionment is handled elsewhere but controls taxable outcomes. The Act directs treatment of apportioned assessed values under specific sections of the Land Tax Act 2000 (s 4(2); s 5(2); s 6(2)-(3)). If land straddles uses or legal interests, the apportioned assessed value for principal residence or primary production may be nil while the apportioned general land portion attracts Schedule 1 rates. Practitioners must apply the Land Tax Act 2000 apportionment provisions carefully; failing to do so can produce underpayment or overpayment.
Language of the nil exemptions is year-based. Sections 4(1) and 5(1) specify exemptions in terms of “a financial year beginning on 1 July following the commencement of this Act or on 1 July in any subsequent year.” The temporal formulation signals that the exemptions apply to financial years beginning each 1 July after commencement; practitioners should ensure calculations align with financial year boundaries rather than calendar years.
The phrase “0.45 cents for each dollar” and “1.5 cents for each dollar” in Schedule 1 can be misread. Schedule 1 uses “0.45 cents for each dollar” in the middle band and “1.5 cents for each dollar” in the top band. Those are amounts per $1 of assessed value and translate to $0.0045 and $0.015 per $1 respectively; that is, 0.45 per cent and 1.5 per cent respectively of the dollar value in conventional percentage terms. Confirm arithmetic and presentation in taxpayer-facing documents to avoid a decimal-place error.
Rounding rule specifics. The rounding rule applies after calculation: if the amount converted to cents is not exactly divisible by 10, round up to the nearest 10-cent unit if the remaining cents are more than 5; round down if the remaining cents are 5 or less (s 7). The tie-break rule (round down on exactly 5 cents) is particular; computerised systems must implement this exact rule to match statutory expectation.
Foreign investor surcharge is additive and potentially large. Section 6A(2) imposes a 2 per cent charge of assessed land value for land where foreign investor land tax is payable under the Land Tax Act 2000. Section 6A(3) stresses that it is in addition to any other land tax amount payable. For high-value land, 2 per cent of assessed land value materially increases tax liability and therefore increases exposure in default situations. The prerequisite for the charge is the Land Tax Act 2000’s determination that foreign investor land tax is payable; do not assume all foreign-owned land is automatically in scope.
Administration assigned but potentially reassignable. Section 8 assigns administration to the Treasurer and the Department of Treasury and Finance until an Administrative Arrangements Act order changes that. Administrative contacts, form submission addresses, and internal departmental processes can therefore change by administrative order; ensure up-to-date contact and procedural checks before filing returns or making enquiries.
No enforcement or appeal mechanics present in this Act. The absence of penalty, interest or appeal provisions in this Act means practitioners must consult the Land Tax Act 2000 for procedural steps, objection windows, and appeal routes. Assuming the Act itself creates an independent appeal right or penalty schedule would be incorrect.
Schedule amendments over time. The Schedule bears multiple substitution and amendment annotations (2002, 2005, 2010, 2021, 2022, 2024). Ensure you are applying the Schedule version current for the relevant financial year, as the rates and thresholds have been changed by later Acts.
Dollar thresholds and exact inclusions matter. Schedule 1 differentiates “Less than $125 000” (nil) and “$125 000 - $499 999.99” for the second band. The presentation of upper and lower bounds with precise decimal endpoints requires exact comparison logic in systems and advice. For parcels with assessed values that sit on thresholds, be precise about inclusive and exclusive endpoints when computing liability.
Repeal of earlier Acts is recorded without transitional detail here. Section 9 repeals earlier Land Tax Acts, but this Act does not set out transitional savings or the treatment of actions and assessments under the repealed Acts. To determine the effect on pre-existing assessments or disputes, consult the relevant transitional provisions in the consolidating or amending instruments.
These are not hypothetical risks; they arise directly from the Act’s reliance on external definitions, apportionment mechanics, precise numeric expressions and administrative flexibility. Practitioners should pair this Act with the Land Tax Act 2000 and maintain system and procedural rigour on thresholds, rounding and apportionment.
How to comply
Compliance requires a two-part approach: (1) determine the legal characterisation and assessed land value under the Land Tax Act 2000, and (2) apply the monetary rules and rounding prescribed by this Act. The Act itself supplies the calculation formulas for general land and the foreign investor surcharge, and prescribes rounding and administrative responsibility. Below is a step-by-step compliance checklist grounded in the Act.
Confirm applicable definitions and liability under the Land Tax Act 2000.
Consult the Land Tax Act 2000 to establish who is the liable person for the land, the definitions of principal residence land and primary production land, and whether foreign investor land tax is payable for the parcel (s 3(1)-(2); s 6A(1)).
If apportionment issues exist (for example, mixed-use or part-owner occupation), use the specified apportionment sections of the Land Tax Act 2000 (for example, sections 26, 27, 28, 29 and 30 as referenced in s 4-s 6) to determine the apportioned assessed values.
Determine the assessed land value and any apportioned assessed land value.
Use the valuation methodology and assessment date established under the Land Tax Act 2000 to obtain the assessed land value for the parcel, and any apportioned assessed value for portions categorised as principal residence, primary production or general land (s 4(2); s 5(2); s 6(2)-(3)).
Apply nil exemptions where appropriate.
If the land (or an apportioned portion) qualifies as principal residence land, treat the corresponding assessed value as attracting nil land tax for financial years beginning on 1 July following commencement and each subsequent financial year (s 4(1)-(2)).
If the land (or an apportioned portion) qualifies as primary production land, treat the corresponding assessed value as attracting nil land tax (s 5(1)-(2)).
Calculate general land liability using Schedule 1.
For any (apportioned) assessed value that is general land, apply Schedule 1 as follows (s 6(1); Schedule 1):
If assessed value < $125,000, tax = nil.
If $125,000 ≤ assessed value ≤ $499,999.99, tax = $50 + (0.45 cents × (assessed value − $125,000)). Note that 0.45 cents per dollar equates to $0.0045 per $1, or 0.45 per cent of the excess over $125,000.
If assessed value ≥ $500,000, tax = $1,737.50 + (1.5 cents × (assessed value − $500,000)). Note that 1.5 cents per dollar equates to $0.015 per $1, or 1.5 per cent of the excess over $500,000.
Determine whether s 6A applies and, if so, add the foreign investor surcharge.
Confirm under the Land Tax Act 2000 whether foreign investor land tax is payable in respect of the land (s 6A(1)). If it is:
For financial years beginning 1 July 2022 or later, compute an additional amount equal to 2 per cent of the assessed land value (s 6A(2)).
Add that additional amount to any other land tax computed under Schedule 1 or other applicable provisions of the Land Tax Act 2000 (s 6A(3)).
Apply the statutory rounding rule.
Convert the computed tax amount to cents. If the resulting number of cents is not exactly divisible by 10, then:
If the remaining cents beyond the last multiple of 10 are more than 5, round up to the next amount exactly divisible by 10.
If the remaining cents are 5 or less, round down to the last amount exactly divisible by 10 (s 7).
Implement the tie-break exactly as written: a 5-cent remainder is rounded down.
Follow administrative procedures and payment channels.
Because administration is assigned to the Treasurer and the Department of Treasury and Finance until an Administrative Arrangements Act order states otherwise, use the Treasurer’s department’s published forms, invoices and payment instructions (s 8). The Act does not specify payment dates, return forms or late-payment interest; obtain those procedural details from the Land Tax Act 2000 and the administering authority.
Maintain evidence to support classification and apportionment.
Keep records that the Land Tax Act 2000 requires to substantiate claims that land is principal residence land or primary production land, or that foreign investor land tax is not payable. Because the nil exemptions and the surcharge depend on those factual and legal determinations (s 4; s 5; s 6A), documentary evidence will be necessary in any administrative review or dispute.
Check for version applicability.
Ensure you are using the Schedule in force for the relevant financial year. The Schedule has been substituted and amended on multiple dates (see amendment annotations). Apply the Schedule as it stood for the financial year in question (s 6; Schedule 1).
Where in doubt, treat this Act as the rate and exemption instrument and consult the Land Tax Act 2000 for procedures.
The Act supplies the calculation rules and exemptions but not procedural steps, enforcement powers or appeal mechanisms. For notices, deadlines, assessment objections, appeal avenues and penalty or interest rates consult the Land Tax Act 2000 and relevant administrative guidance from the Treasurer’s department (s 3; s 8).
Examples (illustrative arithmetic using Schedule 1 and s 6A):
Assessed value $100,000: falls below the $125,000 threshold; tax = nil (Schedule 1, item 1).
Assessed value $200,000: tax = $50 + ($0.0045 × $75,000) = $50 + $337.50 = $387.50; apply rounding (38750 cents is divisible by 10, so no rounding change) (Schedule 1, item 2).
Assessed value $600,000: tax = $1,737.50 + ($0.015 × $100,000) = $1,737.50 + $1,500 = $3,237.50; if foreign investor land tax is payable, add 2% of $600,000 = $12,000, so total = $15,237.50; apply rounding (1523750 cents divisible by 10, no change) (s 6; s 6A; Schedule 1).
This checklist is derived from and constrained by the Act’s text. The Act does not prescribe forms, dates or enforcement processes; those are the province of the Land Tax Act 2000 and the administering authority under s 8. Implementers should align their systems and advice with the Land Tax Act 2000 procedures and with any Administrative Arrangements orders that assign administration.
(2) If principal residence land is apportioned under section 26, 28, 29 or 30 of theLand Tax Act 2000 , the amount of land tax payable in respect of the apportioned assessed land value in respect of any general land is to be calculated in accordance with Schedule 1 according to the apportioned assessed land value of the general land.
(3) If primary production land is apportioned under section 27 of theLand Tax Act 2000 , the amount of land tax payable in respect of any land apportioned as general land is to be calculated in accordance with Schedule 1 according to the apportioned assessed land value of the general land.
6A Foreign investor land tax payable on certain land
6A Foreign investor land tax payable on certain land
[Section 6A Inserted by No. 17 of 2022, s. 4, Applied:01 Jul 2022]
(1) This section applies to land if foreign investor land tax is payable in respect of the land under the Land Tax Act 2000 .
(2) In a financial year beginning on 1 July 2022 or on 1 July in any subsequent year, the amount of land tax payable in respect of land to which this section applies is 2% of the assessed land value of the land.
(3) The amount of land tax payable in respect of land under subsection (2) is in addition to any other amount of land tax payable under the Land Tax Act 2000 in respect of the land.
7 Amounts rounded up or down
7 Amounts rounded up or down
If the amount of land tax payable when converted to cents is not exactly divisible by 10, that amount of land tax is to be –
(a) rounded up to the nearest amount exactly divisible by 10, if the number of cents remaining is more than 5; or
(b) rounded down to the nearest amount exactly divisible by 10, if the number of cents remaining is 5 or less.
8 Administration of Act
8 Administration of Act
Until provision is made in relation to this Act by order under section 4 of theAdministrative Arrangements Act 1990 –
(a) the administration of this Act is assigned to the Treasurer; and
(b) the department responsible to the Treasurer in relation to the administration of this Act is the Department of Treasury and Finance.
9 Miscellaneous amendments
9 Miscellaneous amendments
(1) The Land Tax Act 1996 is repealed.
(2) The Land Tax Act 1997 is repealed.
SCHEDULE 1 - Rate of land tax SCHEDULE 1 - Rate of land tax
SCHEDULE 1 - Rate of land tax SCHEDULE 1 - Rate of land tax
[Schedule 1 Substituted by No. 24 of 2002, s. 31, Applied:01 Jul 2002][Schedule 1 Substituted by No. 22 of 2005, s. 22, Applied:01 Jul 2005][Schedule 1 Substituted by No. 5 of 2010, s. 13, Applied:01 Jul 2010][Schedule 1 Substituted by No. 8 of 2021, s. 17, Applied:01 Jul 2021]
Section 6
[Schedule 1 Amended by No. 10 of 2022, s. 4, Applied:01 Jul 2022][Schedule 1 Amended by No. 10 of 2022, s. 4, Applied:01 Jul 2022][Schedule 1 Amended by No. 10 of 2022, s. 4, Applied:01 Jul 2022][Schedule 1 Amended by No. 10 of 2022, s. 4, Applied:01 Jul 2022][Schedule 1 Amended by No. 10 of 2022, s. 4, Applied:01 Jul 2022][Schedule 1 Amended by No. 5 of 2024, s. 13, Applied:01 Jul 2024][Schedule 1 Amended by No. 5 of 2024, s. 13, Applied:01 Jul 2024][Schedule 1 Amended by No. 5 of 2024, s. 13, Applied:01 Jul 2024][Schedule 1 Amended by No. 5 of 2024, s. 13, Applied:01 Jul 2024]
| | Assessed or apportioned assessed land value of land | Amounts and rates of land tax |
| 1. | Less than $125 000 | Nil |
| 2. | $125 000 - $499 999.99 | $50 and 0.45 cents for each dollar of the assessed land value or apportioned assessed land value in excess of $125 000 |
| 3. | $500 000 or more | $1 737.50 and 1.5 cents for each dollar of the assessed land value or apportioned assessed land value in excess of $500 000 |