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Part 2 Amendment of Duties Act 2001
246Q Rate of windfall duty
The rate of windfall duty imposed on a claim for
an AFAD windfall is 100% of the amount of the
AFAD windfall.
246R Commissioner must apply amounts paid for
invalid AFAD to liability for windfall duty
(1) This section applies if—
(a) a person liable for windfall duty has paid an
amount to the commissioner in relation to a
purported liability for invalid AFAD; and
(b) the person’s purported liability for invalid
AFAD is, on a reassessment, decreased to
nil.
(2) Despite the Administration Act, section 37(1)(a),
the person is not entitled to a refund of the
amount.
(3) The commissioner must apply the amount to the
person’s liability for windfall duty in the
following order—
(a) firstly, any amount of the AFAD windfall
attributable to assessed interest or penalty
tax that would have been payable in relation
to the invalid AFAD if it had been validly
imposed;
(b) secondly, any amount of the AFAD windfall
attributable to an amount paid by the person
for late payment interest in relation to the
invalid AFAD;
(c) thirdly, the amount of the AFAD windfall
attributable to the invalid AFAD that would
have been payable if it had been validly
imposed.
(4) If the commissioner is required, because of an
order of a court or tribunal, to repay an amount to
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Part 2 Amendment of Duties Act 2001
a person for an amount paid in relation to invalid
AFAD, the commissioner is taken to have
complied with the order if the commissioner
applies the amount under subsection (3).
(5) To remove any doubt, it is declared that this
section does not affect the operation of the
Administration Act, section 42 in relation to
payments received by the commissioner for
windfall duty.
Part 4 Reassessment of
windfall duty
246S Reassessment of windfall duty
(1) This section applies if—
(a) windfall duty is assessed on a claim for an
AFAD windfall in relation to a relevant
transaction; and
(b) the commissioner would, if the invalid
AFAD to which the AFAD windfall relates
had been validly imposed on the relevant
transaction, have been required or permitted
to make a reassessment of liability for
AFAD for the relevant transaction under
chapter 4 or the Administration Act.
(2) If a reassessment would have been required for
the AFAD, the commissioner must make a
reassessment of the windfall duty.
(3) If a reassessment would have been permitted for
the AFAD, the commissioner may make a
reassessment of the windfall duty.
(4) For reassessing the windfall duty—
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Part 2 Amendment of Duties Act 2001
(a) chapter 4 applies for working out the
amount of the invalid AFAD as if it were
validly imposed AFAD; and
(b) the Administration Act, part 5 applies for
working out unpaid tax interest and penalty
tax in relation to the amount of the invalid
AFAD as if it were validly imposed AFAD.
Part 5 Provisions for
administering windfall
duty
246T Limitation period does not apply for
particular reassessments
(1) This section applies if—
(a) invalid AFAD is purportedly imposed on a
relevant transaction; and
(b) a person makes a claim for an AFAD
windfall in relation to the transaction.
(2) Despite the Administration Act, section 21, a
reassessment to decrease the person’s liability for
the invalid AFAD to nil may be made at any time.
246U Unpaid tax interest
For applying the Administration Act, section 54
to an amount of unpaid windfall duty for an
AFAD windfall—
(a) a reference in that section to the amount of
primary tax is taken to be a reference to the
amount of the AFAD windfall that is
attributable to invalid AFAD; and
(b) the Administration Act, section 54(5) does
not apply; and
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Part 2 Amendment of Duties Act 2001
(c) the start date for the Administration Act,
section 54(2) and (3) is—
(i) if the person has paid an amount to the
commissioner in relation to the
purported liability for the invalid
AFAD and, when the last payment was
made, late payment interest for the
purported liability was paid in
full—the day after the last payment
was made to the commissioner; or
(ii) otherwise—the day after an assessment
notice was given for the assessment of
the purported liability for the invalid
AFAD.
246V Charge over interest in land for unpaid
windfall duty relating to dutiable transaction
(1) This section applies if—
(a) transfer duty has been imposed, and invalid
AFAD was purportedly imposed, on a
dutiable transaction; and
(b) a person is liable for windfall duty in
relation to the invalid AFAD; and
(c) all or part of the windfall duty is not paid by
the date the amount (the outstanding
liability) is payable.
(2) The outstanding liability is a first charge on the
person’s interest in AFAD residential land the
subject of the dutiable transaction.
(3) The charge has priority over all other
encumbrances over the person’s interest in the
AFAD residential land other than a charge under
section 156P.
(4) Subsection (3) applies—
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Part 2 Amendment of Duties Act 2001
(a) whether the other encumbrances over the
person’s interest in the land—
(i) are registered or unregistered; or
(ii) were created before or after the charge
arises under subsection (2); and
(b) despite the Land Title Act 1994, part 3,
divisions 2 and 2A.
(5) The commissioner may lodge, under the
Administration Act, part 4, division 5, a request to
register the charge on the land that is the subject
of the transaction.
(6) Despite the Administration Act, section 47B, the
registrar must not register the charge if the person
is no longer the registered owner of the land.
(7) On its registration, the charge is not affected by a
disposition of the person’s interest in the land.
246W Application of ss 246C–246G in relation to
charge
Sections 246C to 246G apply in relation to a
charge on land registered under section 246V as
if—
(a) a reference in the provisions to land were a
reference to the AFAD residential land
mentioned in section 246V(2); and
(b) a reference in the provisions to a charge
mentioned in section 246C(1)(a) were a
reference to the charge registered under
section 246V; and
(c) a reference in the provisions to an
outstanding liability were a reference to the
outstanding liability under section
246V(1)(c).
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Part 2 Amendment of Duties Act 2001
Part 6 Miscellaneous
246X Duty validly imposed under chs 2 and 3 not
affected by invalid AFAD
(1) This section applies in relation to assessments of
duty for a relevant transaction if invalid AFAD
was purportedly imposed on the transaction.
(2) To remove any doubt, it is declared that—
(a) an assessment of duty for the relevant
transaction under chapter 2 or 3 is, and
always has been, made separately from an
assessment of AFAD under chapter 4 for the
same transaction, whether or not the
assessments are the subject of the same
assessment notice; and
(b) the purported imposition of the invalid
AFAD does not affect—
(i) the validity of an assessment of any
other duty for the transaction; or
(ii) any other right or liability acquired or
incurred, or an act or omission done or
made, in relation to the assessment of
other duty for the transaction.
246Y Right to recovery of transfer duty payment
under s 246I not affected by invalid AFAD
(1) This section applies if—
(a) a person was entitled to recover an amount
from another person in relation to an amount
of transfer duty imposed on a dutiable
transaction under section 246I; and
(b) invalid AFAD was purportedly imposed on
the transaction.
(2) The person’s entitlement to recover the amount is
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Part 2 Amendment of Duties Act 2001
not affected merely because the amount is invalid
AFAD.
(3) The person may recover the amount from the
person as a debt as if the invalid AFAD had been
validly imposed.
246Z No payment of interest by commissioner for
payment in relation to purported liability for
invalid AFAD
A reference in the Administration Act, section
61(1) to a refund of tax or late payment interest
does not include a reference to a refund of an
amount paid to the commissioner because of the
purported imposition of invalid AFAD on a
relevant transaction.
6 Amendment of sch 6 (Dictionary)
(1) Schedule 6—
insert—
AFAD windfall, for chapter 4A, see section
246M.
claim, for an AFAD windfall, for chapter 4A, see
section 246N.
decision day, for chapter 4A, see section 246J(4).
invalid AFAD, for chapter 4A, see section
246J(3).
payment day, for chapter 4A, see section
246N(2)(c)(ii).
windfall duty, for chapter 4A, see section 246L.
(2) Schedule 6, definition relevant transactions, after ‘chapter
4’—
insert—
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Clause 15
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Part 3 Amendment of Electricity Act 1994
and 4A
Part 3 Amendment of Electricity Act
1994
7 Act amended
This part amends the Electricity Act 1994.
8 Insertion of new ch 14, pt 21
Chapter 14—
insert—
Part 21 Validation of transfers
of particular generation
authority
363 Transfer dated 14 June 2024
(1) This section applies in relation to the transfer of
generation authority G01/17 to Tilt Renewables
Australia Pty Ltd ACN 101 038 331—
(a) dated on 14 June 2024; and
(b) stated to have effect from 26 June 2024.
(2) The transfer is taken to be, and to have always
been, validly made under this Act.
(3) Anything done or omitted to be done by a person
as a result of, or in reliance on, the transfer is
taken to be, and to have always been, as valid and
lawful as it would be or would have been if, at the
time it was done or omitted to be done, the
transfer had been validly made under this Act.
(4) The revocation of the transfer on 20 June 2025 is
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Clause 6
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Part 4 Amendment of First Home Owner Grant and Other Home Owner Grants Act 2000
taken to be, and to have always been, validly
made under this Act.
(5) No compensation is payable by the State to any
person because of the operation of this section.
364 Transfer dated 20 June 2025
(1) This section applies in relation to the transfer of
generation authority G01/17 to Tilt Renewables
Australia Pty Ltd ACN 101 038 331—
(a) dated on 20 June 2025; and
(b) stated to have effect from 20 June 2025.
(2) To remove any doubt, it is declared that the
transfer is taken to be, and to have always been,
validly made under this Act.
Part 4 Amendment of First Home
Owner Grant and Other Home
Owner Grants Act 2000
9 Act amended
This part amends the First Home Owner Grant and Other
Home Owner Grants Act 2000.
10 Amendment of pt 3, div 7, hdg (Relevant eligible
transactions—20 November 2023 to 30 June 2025)
Part 3, division 7, heading, ‘2025’—
omit, insert—
2026
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Part 5 Amendment of Land Tax Act 2010
11 Amendment of s 25EA (Meaning of relevant eligible
transaction)
Section 25EA(1), ‘2025’—
omit, insert—
2026
Part 5 Amendment of Land Tax Act
2010
12 Act amended
This part amends the Land Tax Act 2010.
13 Amendment of s 60 (Unpaid land tax is a first charge on
land)
(1) Section 60(1), after ‘imposed’—
insert—
, subject to any charge for an outstanding liability
for windfall tax
(2) Section 60(2), after ‘land’—
insert—
, other than any charge of an outstanding liability
for windfall tax
14 Insertion of new pt 7A
After part 7—
insert—
Part 7A Windfall tax
Division 1 Preliminary
Clause 1
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Clause 8
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Part 5 Amendment of Land Tax Act 2010
63A Application of part
(1) This part applies if—
(a) land tax was purportedly imposed on
taxable land for a financial year at a foreign
surcharge rate; and
(b) the purported liability for the land tax
imposed at a foreign surcharge rate arose
before 8 April 2024; and
(c) the purported liability for the land tax
imposed at a foreign surcharge rate is or was
assessed, and an assessment notice for the
assessment is or was given by the
commissioner, before the decision day; and
(d) the purported imposition of the land tax at
the foreign surcharge rate was invalid only
because the provisions of this Act
purporting to impose the foreign surcharge
rate, including section 104 or 105, were to
any extent invalid or inoperative under the
Commonwealth Constitution, section 109.
(2) Subsection (1)(d) is taken to be satisfied if a
corresponding provision is to any extent invalid or
inoperative under the Commonwealth
Constitution, section 109.
(3) Land tax described in subsection (1) is invalid
land tax.
(4) Subsection (5) applies if—
(a) sections 32(1)(b)(ii) and 104 were to any
extent invalid or inoperative as mentioned in
subsection (1)(d); or
(b) sections 32(1)(c) and 105 were to any extent
invalid or inoperative as mentioned in
subsection (1)(d).
(5) Invalid land tax includes land tax purportedly
imposed on taxable land for a financial year at the
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Part 5 Amendment of Land Tax Act 2010
foreign surcharge rate under any of the provisions
mentioned in subsection (4).
(6) To remove any doubt, it is declared that invalid
land tax does not include land tax validly
imposed under section 32(1)(b)(i).
(7) For subsection (1)(c), the decision day is the
earlier of the following days—
(a) the day a court first decides provisions of
this Act were to any extent invalid or
inoperative as mentioned in subsection
(1)(d);
(b) the day a court first decides a corresponding
provision is to any extent invalid or
inoperative as mentioned in subsection (2).
(8) In this section—
corresponding provision means any of the
following provisions, to the extent the provisions
impose duty on a transaction involving residential
land and a foreign entity, or impose or provide for
a rate of tax for a foreign entity who owns land
that is taxable—
(a) the Duties Act 2001, chapter 4 and section
688;
(b) the Duties Act 1997 (NSW), chapter 2A or
chapter 4, part 2B;
(c) the Duties Act 2000 (Vic), both—
(i) section 282A; and
(ii) either section 18A or 28A;
(d) the Duties Act 2001 (Tas), chapter 2, part 3A
or section 71A or 72A;
(e) the Duties Act 2008 (WA), chapter 3A;
(f) the Stamp Duties Act 1923 (SA), section 72
or 102AB;
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Part 5 Amendment of Land Tax Act 2010
(g) the Land Tax Act 1956 (NSW), section 5A;
(h) the Land Tax Act 2000 (Tas), part 2, division
1A;
(i) the Land Tax Act 2004 (ACT), part 2A;
(j) the Land Tax Act 2005 (Vic), both—
(i) section 106A; and
(ii) either schedule 1, part 4 or 5.
63B Commissioner must publish decision day
The commissioner must, within 5 business days
after the commissioner becomes aware the
decision day has happened, give notice of the
decision day by publishing it on the
commissioner’s website.
63C Imposition of windfall tax
(1) This part imposes tax (windfall tax) on a claim for
a land tax windfall.
(2) Windfall tax is imposed on the amount of a land
tax windfall.
Division 2 Some basic concepts for
windfall tax
63D What is a land tax windfall
A land tax windfall, in relation to taxable land on
which invalid land tax is purportedly imposed for
a financial year, is an amount equal to the total of
the following—
(a) the invalid land tax;
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