State Taxation Acts Further Amendment Act 2019
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2—Amendment of Duties Act 2000 3
Division 1—Young farmers 3
3 Definitions for young farmer provisions 3
4 Disqualifying interest 3
5 New section 69AC substituted 3
6 Transitional provisions 5
Division 2—Insurance duty 5
7 New sections 184, 185 and 186 substituted 5
8 Transitional provision 6
Division 3—Livestock duty 6
9 Registration of approved agents 6
Division 4—Consequential amendment 7
10 Special disability trusts 7
Part 3—Amendment of Gambling Regulation Act 2003 8
11 Victorian racing industry payment 8
12 New section 4.6A.5A inserted 8
13 Section 4.6A.6 substituted 8
14 Consequential amendment of ANZAC Day Act 1958 9
Part 4—Amendment of Land Tax Act 2005 10
Division 1—Vacant residential land tax 10
15 Definitions 10
16 What is residential land? 11
17 When is residential land vacant? 11
18 Definitions—section 52 12
19 Holiday home exemption 12
-- 1 of 29 --
Section Page
ii
Authorised by the Chief Parliamentary Counsel
20 Exemption for land occupied for purposes of attending place of
business or employment 13
21 Heading to section 88C amended 13
22 Heading to section 88D amended 13
23 Transitional provision 14
Division 2—Primary production land 14
24 New subdivision headings inserted in Division 2 of Part 4 14
25 Section 67 substituted and new sections 67A to 67F inserted 15
26 Further new Subdivision headings inserted in Division 2 of
Part 4 22
27 Parcels of land 22
28 Consequential amendment of First Home Owner Grant
Act 2000 23
Division 3—Principal place of residence—implied and constructive
trusts 23
29 Principal place of residence exemption 23
Part 5—Amendment of Valuation of Land Act 1960 25
30 Notice of valuation 25
Part 6—Repeal of this Act 26
31 Repeal of this Act 26
═════════════
Endnotes 27
1 General information 27
-- 2 of 29 --
Authorised by the Chief Parliamentary Counsel
Authorised Version
1
State Taxation Acts Further
Amendment Act 2019†
No. 46 of 2019
[Assented to 19 November 2019]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to amend the Duties Act 2000 in relation
to—
(i) the primary production requirement for
the young farmers concession and
exemption; and
Victoria
-- 3 of 29 --
Part 1—Preliminary
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
2
Authorised by the Chief Parliamentary Counsel
(ii) insurance duty; and
(iii) the registration of livestock agents; and
(b) to amend the Gambling Regulation
Act 2003 in relation to—
(i) payments to the ANZAC Day Proceeds
Fund; and
(ii) the Victorian racing industry payment;
and
(c) to amend the Land Tax Act 2005 in relation
to—
(i) vacant residential land tax; and
(ii) the exemption from land tax for
primary production land; and
(iii) implied and constructive trusts; and
(d) to amend the Valuation of Land Act 1960
in relation to giving notice of valuations.
2 Commencement
(1) This Act (except Part 3) comes into operation on
the day after the day on which it receives the
Royal Assent.
(2) Part 3 comes into operation on 1 January 2020.
-- 4 of 29 --
Part 2—Amendment of Duties Act 2000
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
3
Authorised by the Chief Parliamentary Counsel
Part 2—Amendment of Duties Act 2000
Division 1—Young farmers
3 Definitions for young farmer provisions
In section 69AA of the Duties Act 2000—
(a) insert the following definition—
"nominee for a young farmer means a
person who holds farmland on trust for
a young farmer but has no other active
powers in respect of that land;";
(b) for the definition of young farmer
substitute—
"young farmer means a natural person
(not acting in the capacity of a trustee
under a trust) who is engaged in, or
intends to engage in, primary
production on farmland;";
(c) in the definition of young farmer business
entity, in paragraph (a), for "trustee"
substitute "nominee".
4 Disqualifying interest
In section 69AB(b)(i) of the Duties Act 2000, for
"trustee" (where twice occurring) substitute
"nominee".
5 New section 69AC substituted
For section 69AC of the Duties Act 2000
substitute—
"69AC Primary production requirement
(1) The concession and exemption under this
Division are subject to the requirements in
this section (the primary production
requirement).
-- 5 of 29 --
Part 2—Amendment of Duties Act 2000
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
4
Authorised by the Chief Parliamentary Counsel
(2) If the transferee of the dutiable property is a
young farmer or a nominee for a young
farmer, by the end of the relevant period the
young farmer—
(a) must carry on the business of primary
production on the farmland; and
(b) must normally be engaged in a
substantially full-time capacity in that
business.
(3) If the transferee of the dutiable property is a
company (not acting in the capacity of a
trustee under a trust), by the end of the
relevant period—
(a) the principal business of the company
must be primary production on the
farmland; and
(b) the young farmer must normally be
engaged in a substantially full-time
capacity in that business.
(4) If the transferee of the dutiable property is a
trustee under a trust, by the end of the
relevant period—
(a) the principal business of the trust must
be primary production on the farmland;
and
(b) the young farmer must normally be
engaged in a substantially full-time
capacity in that business.
(5) In this section—
relevant period means the period of 5 years
from the date the transferee entered the
contract for the transfer of the dutiable
property.".
-- 6 of 29 --
Part 2—Amendment of Duties Act 2000
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
5
Authorised by the Chief Parliamentary Counsel
6 Transitional provisions
After clause 55 of Schedule 2 to the Duties
Act 2000 insert—
"56 State Taxation Acts Further Amendment
Act 2019—young farmers
(1) Division 7 of Part 5 of Chapter 2, as in force
immediately before the commencement day,
continues to apply in respect of a transfer of
dutiable property on or after that day if the
contract for the transfer was entered into
before that day.
(2) In this clause—
commencement day means the day on which
Division 1 of Part 2 of the State
Taxation Acts Further Amendment
Act 2019 comes into operation.".
Division 2—Insurance duty
7 New sections 184, 185 and 186 substituted
For sections 184, 185 and 186 of the Duties
Act 2000 substitute—
"184 Who is an insurer?
An insurer is a person—
(a) who writes general insurance; and
(b) who does so otherwise than as an
insurance intermediary.
185 Certain insurers must be registered
An insurer must be registered under this Part
if the insurer is a person who is—
(a) authorised under the Insurance
Act 1973 of the Commonwealth to
carry on insurance business; or
-- 7 of 29 --
Part 2—Amendment of Duties Act 2000
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
6
Authorised by the Chief Parliamentary Counsel
(b) registered under the Life Insurance
Act 1995 of the Commonwealth.
Penalty: 100 penalty units.
Note
Section 130B of the Taxation Administration Act 1997
applies to an offence against this section.
186 Registration
The Commissioner must register an insurer
who is required to be registered under this
Part if the insurer applies in the approved
form for registration.".
8 Transitional provision
After clause 56 of Schedule 2 to the Duties
Act 2000 insert—
"57 State Taxation Acts Further Amendment
Act 2019—insurance duty
Chapter 8 must be taken to have applied at
all times on and after 1 July 2014 as if the
amendments made to that Chapter by
section 7 of the State Taxation Acts
Further Amendment Act 2019 had come
into operation on that day.
Note
1 July 2014 is the date on which the amendments to
Chapter 8 made by the Building a Better Victoria
(State Tax and Other Legislation Amendment)
Act 2014 came into operation.".
Division 3—Livestock duty
9 Registration of approved agents
In section 248A(4) of the Duties Act 2000, in the
definition of Secretary, for "Department of
Environment and Primary Industries" substitute
"Department of Jobs, Precincts and Regions".
-- 8 of 29 --
Part 2—Amendment of Duties Act 2000
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
7
Authorised by the Chief Parliamentary Counsel
Division 4—Consequential amendment
10 Special disability trusts
In section 38A(6) of the Duties Act 2000, in the
definition of principal beneficiary, in paragraph
(a), for "Act;" substitute "Act; or".
-- 9 of 29 --
Part 3—Amendment of Gambling Regulation Act 2003
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
8
Authorised by the Chief Parliamentary Counsel
Part 3—Amendment of Gambling Regulation
Act 2003
11 Victorian racing industry payment
In section 4.6A.5(1) of the Gambling Regulation
Act 2003, for "received as" substitute "paid or
payable to be".
12 New section 4.6A.5A inserted
After section 4.6A.5 of the Gambling Regulation
Act 2003 insert—
"4.6A.5A ANZAC Day Proceeds Fund
Before the end of each financial year the
Treasurer must pay out of the Consolidated
Fund (which is appropriated to the necessary
extent) into the ANZAC Day Proceeds Fund
established under the ANZAC Day
Act 1958 an amount equal to one-thirtieth of
the amount of wagering and betting tax paid
or payable in respect of the month of April in
that financial year.".
13 Section 4.6A.6 substituted
For section 4.6A.6 of the Gambling Regulation
Act 2003 substitute—
"4.6A.6 Hospitals and Charities Fund
The following amounts must be paid out of
the Consolidated Fund (which is
appropriated to the necessary extent) into the
Hospitals and Charities Fund—
(a) an amount equal to the amount of
wagering and betting tax paid or
payable in respect of each month other
than April less the Victorian racing
industry payment for that month;
-- 10 of 29 --
Part 3—Amendment of Gambling Regulation Act 2003
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
9
Authorised by the Chief Parliamentary Counsel
(b) an amount equal to the amount of
wagering and betting tax paid or
payable in respect of the month of April
less—
(i) the Victorian racing industry
payment for that month; and
(ii) the payment into the ANZAC
Day Proceeds Fund under
section 4.6A.5A in respect of that
month.".
14 Consequential amendment of ANZAC Day Act 1958
In section 4A(2) of the ANZAC Day Act 1958,
for "or by the Racing Act 1958" substitute
", the Racing Act 1958 or any other Act".
-- 11 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
10
Authorised by the Chief Parliamentary Counsel
Part 4—Amendment of Land Tax Act 2005
Division 1—Vacant residential land tax
15 Definitions
In section 3(1) of the Land Tax Act 2005 insert
the following definitions—
"principal beneficiary, of a special disability
trust—
(a) has the meaning given in section
1209M(1) of the Social Security Act,
in the case of a special disability trust
within the meaning of section 1209L
of that Act; or
(b) has the meaning given in section
52ZZZWA(1) of the Veterans'
Entitlements Act, in the case of a
special disability trust within the
meaning of section 52ZZZW of that
Act;
Social Security Act means the Social Security
Act 1991 of the Commonwealth;
special disability trust means—
(a) a special disability trust within the
meaning of section 1209L of the Social
Security Act; or
(b) a special disability trust within the
meaning of section 52ZZZW of the
Veterans' Entitlements Act;
vested beneficiary, in relation to land held on
trust, means a beneficiary of the trust who—
(a) is a natural person; and
-- 12 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
11
Authorised by the Chief Parliamentary Counsel
(b) has a vested beneficial interest in
possession in the land or is the principal
beneficiary of a special disability trust;
Veterans' Entitlements Act means the Veterans'
Entitlements Act 1986 of the
Commonwealth;".
16 What is residential land?
(1) For section 34B(2)(b) of the Land Tax Act 2005
substitute—
"(b) before the commencement of the
construction or renovation—
(i) the land was capable of being used
solely or primarily for residential
purposes; or
(ii) there was a residence that was
uninhabitable on the land; and".
(2) After section 34B(2) of the Land Tax Act 2005
insert—
"(2A) Land is also residential land for the
purposes of this Division if—
(a) there is a residence that is uninhabitable
on the land; and
(b) the land is not land referred to in
subsection (2).".
17 When is residential land vacant?
(1) In section 34C(1) of the Land Tax Act 2005—
(a) after "tax year by" insert "any one or more
of the following";
(b) in paragraph (a), for "owner; or" substitute
"owner;";
(c) in paragraph (b), for "occupant; or"
substitute "occupant;".
-- 13 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
12
Authorised by the Chief Parliamentary Counsel
(2) After section 34C(2) of the Land Tax Act 2005
insert—
"(2A) For the purposes of this Division, residential
land referred to in section 34B(2A) is vacant
in a tax year if, at the end of the year
preceding the tax year, the residence has
been uninhabitable for 2 years or more.".
(3) After section 34C(4) of the Land Tax Act 2005
insert—
"(4A) Despite subsection (2A), residential land
referred to in section 34B(2A) is not vacant
in a tax year if the Commissioner is satisfied
there is an acceptable reason for the
residence not having been made habitable.".
18 Definitions—section 52
(1) In section 52(1) of the Land Tax Act 2005, the
definitions of principal beneficiary, Social
Security Act, special disability trust, vested
beneficiary and Veterans' Entitlements Act are
repealed.
(2) In section 52(1) of the Land Tax Act 2005, in
paragraph (c) of the definition of trustee, for
"liquidator;" substitute "liquidator.".
19 Holiday home exemption
(1) In section 88A(1)(a) of the Land Tax Act 2005,
after "owner of the land" insert "or a vested
beneficiary of a trust to which the land is subject".
(2) In section 88A(2)(b) of the Land Tax Act 2005,
after "owner's" insert "or vested beneficiary's".
(3) After section 88A(3) of the Land Tax Act 2005
insert—
"(4) For the purposes of this section, a reference
to the owner of land does not include a
reference to—
-- 14 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
13
Authorised by the Chief Parliamentary Counsel
(a) a beneficiary of a trust (including an
implied or constructive trust) to which
the land is subject; or
(b) a unitholder in a unit trust scheme to
which the land is subject.".
20 Exemption for land occupied for purposes of
attending place of business or employment
(1) In section 88B of the Land Tax Act 2005—
(a) after "owner of the land" insert "or a vested
beneficiary of a trust to which the land is
subject";
(b) in paragraph (b), after "owner's" insert
"or vested beneficiary's".
(2) At the end of section 88B of the Land Tax
Act 2005 insert—
"(2) For the purposes of this section, a reference
to the owner of land does not include a
reference to—
(a) a beneficiary of a trust (including an
implied or constructive trust) to which
the land is subject; or
(b) a unitholder in a unit trust scheme to
which the land is subject.".
21 Heading to section 88C amended
In the heading to section 88C of the Land Tax
Act 2005, after "during" insert "year
preceding".
22 Heading to section 88D amended
In the heading to section 88D of the Land Tax
Act 2005, after "during" insert "year
preceding".
-- 15 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
14
Authorised by the Chief Parliamentary Counsel
23 Transitional provision
After clause 16 of Schedule 3 to the Land Tax
Act 2005 insert—
"17 State Taxation Acts Further Amendment
Act 2019
(1) Subclause (2) applies to land that, on
1 January 2020, is residential land referred to
in section 34B(2A).
(2) For the purposes of section 34C(2A), the
residence on the land is taken to have been
uninhabitable from 31 December 2019.".
Division 2—Primary production land
24 New subdivision headings inserted in Division 2 of
Part 4
(1) Before section 64 of the Land Tax Act 2005
insert—
"Subdivision 1—Interpretation".
(2) After section 64 of the Land Tax Act 2005
insert—
"Subdivision 2—Primary production
land outside greater Melbourne".
(3) After section 65 of the Land Tax Act 2005
insert—
"Subdivision 3—Primary production
land in greater Melbourne but not in an
urban zone".
-- 16 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
15
Authorised by the Chief Parliamentary Counsel
(4) After section 66 of the Land Tax Act 2005
insert—
"Subdivision 4—Primary production
land in an urban zone in greater
Melbourne".
25 Section 67 substituted and new sections 67A to 67F
inserted
For section 67 of the Land Tax Act 2005
substitute—
"67 Exemption of primary production land in
an urban zone in greater Melbourne
(1) Land is exempt land if the Commissioner
determines that—
(a) the land comprises one parcel that is—
(i) wholly or partly in greater
Melbourne; and
(ii) wholly or partly in an urban zone;
and
(iii) used solely or primarily for the
business of primary production;
and
(b) the owner of the land meets the
requirements in—
(i) if the owner is a natural person not
acting in the capacity as trustee of
a trust to which the land is
subject—section 67A; or
(ii) if the owner is a proprietary
company not acting in the
capacity as trustee of a trust to
which the land is subject—
section 67B; or
-- 17 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
16
Authorised by the Chief Parliamentary Counsel
(iii) if the owner is a trustee of a
superannuation trust to which the
land is subject—section 67C; or
(iv) if the owner is a trustee of a
discretionary trust to which the
land is subject—section 67D; or
(v) if the owner is a trustee of a trust
(other than a discretionary trust or
superannuation trust) to which the
land is subject or a unit trust
scheme to which the land is
subject—section 67E.
(2) For the purposes of this section, a reference
to the owner of land does not include a
reference to—
(a) a beneficiary of a trust (including an
implied or constructive trust) to which
the land is subject; or
(b) a unitholder in a unit trust scheme to
which the land is subject.
67A Requirements for non-trustee natural
person
For the purposes of section 67(1)(b)(i), the
requirements for an owner who is a natural
person (not acting in the capacity as trustee
of a trust to which the land is subject) are
that—
(a) the owner—
(i) carries on the business of primary
production referred to in
section 67(1)(a)(iii); and
-- 18 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
17
Authorised by the Chief Parliamentary Counsel
(ii) either—
(A) is normally engaged in a
substantially full-time
capacity in that business; or
(B) is not normally engaged in a
substantially full-time
capacity in that business, but
has a relative who is
normally so engaged; or
(b) a relative of the owner—
(i) carries on the business of primary
production referred to in
section 67(1)(a)(iii); and
(ii) either—
(A) is normally engaged in a
substantially full-time
capacity in that business; or
(B) is not normally engaged in a
substantially full-time
capacity in that business, but
the owner is normally so
engaged.
67B Requirements for non-trustee proprietary
company
(1) For the purposes of section 67(1)(b)(ii), the
requirements for an owner that is a
proprietary company (not acting in the
capacity as trustee of a trust to which the
land is subject) are that—
(a) the company carries on the business of
primary production referred to in
section 67(1)(a)(iii); and
(b) the principal business of the company is
that business; and
-- 19 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
18
Authorised by the Chief Parliamentary Counsel
(c) all the company's shares are
beneficially owned by natural persons;
and
(d) the company meets the requirements in
subsection (2) in relation to the
distribution of dividends.
(2) For the purposes of subsection (1)(d), the
requirements are that—
(a) if the company distributes dividends
during the relevant period—
(i) the dividends were distributed to
all the holders of the issued share
capital of the company in
proportion to their respective paid
up shareholdings; and
(ii) 50% or more of the dividends
were paid to a person or persons—
(A) normally engaged in a
substantially full-time
capacity in the business of
primary production referred
to in section 67(1)(a)(iii); or
(B) whose relative or relatives
were normally engaged in a
substantially full-time
capacity in the business of
primary production referred
to in section 67(1)(a)(iii); or
(b) if no dividends were distributed during
the relevant period, ordinary shares
representing 50% or more of the issued
share capital of the company have been
beneficially owned for the relevant
period by a person or persons—
-- 20 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
19
Authorised by the Chief Parliamentary Counsel
(i) normally engaged in a
substantially full-time capacity in
the business of primary
production referred to in
section 67(1)(a)(iii); or
(ii) whose relative or relatives were
normally engaged in a
substantially full-time capacity in
the business of primary
production referred to in
section 67(1)(a)(iii).
(3) For the purposes of subsection (2), a
reference to the issued share capital of a
company does not include a reference to any
part of it that carries no right to participate
beyond a specified amount in a distribution
of either profits or capital.
67C Requirements for trustee of
superannuation trust
For the purposes of section 67(1)(b)(iii), the
requirements for an owner who is a trustee of
a superannuation trust to which the land is
subject are that—
(a) all the members or beneficiaries (as the
case requires) of the trust are relatives;
and
(b) at least one member or beneficiary
(as the case requires) of the trust is
normally engaged in a substantially
full-time capacity in the business of
primary production referred to in
section 67(1)(a)(iii).
-- 21 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
20
Authorised by the Chief Parliamentary Counsel
67D Requirements for trustee of discretionary
trust
(1) For the purposes of section 67(1)(b)(iv), the
requirements for an owner who is a trustee of
a discretionary trust to which the land is
subject are that—
(a) the trustee carries on the business of
primary production referred to in
section 67(1)(a)(iii); and
(b) the principal business of the trust is that
business; and
(c) either—
(i) each specified beneficiary is a
natural person; or
(ii) at least one of the specified
beneficiaries is a natural person
and each of the specified
beneficiaries who is not a natural
person is a person referred to in
subsection (2); and
(d) either—
(i) at least one of the specified
beneficiaries is a natural person
who is normally engaged in a
substantially full-time capacity in
the business of primary
production referred to in
section 67(1)(a)(iii); or
(ii) a relative of at least one of the
specified beneficiaries is normally
engaged in a substantially
full-time capacity in the business
of primary production referred to
in section 67(1)(a)(iii).
-- 22 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
21
Authorised by the Chief Parliamentary Counsel
(2) For the purposes of subsection (1)(c)(ii), the
persons are—
(a) a charitable institution or a trustee of a
charitable trust; or
(b) a company all the shares in which are
owned by one or more of the specified
beneficiaries who are natural persons;
or
(c) a trustee of a trust (except a charitable
trust), all the beneficiaries or specified
beneficiaries of which are specified
beneficiaries of the discretionary trust
who are natural persons.
67E Requirements for trustee of a trust
(other than a discretionary trust or
superannuation trust) or unit trust
scheme
For the purposes of section 67(1)(b)(v), the
requirements for an owner who is the trustee
of a trust (other than a discretionary trust or
superannuation trust) to which the land is
subject or a unit trust scheme to which the
land is subject are that—
(a) the trustee carries on the business of
primary production referred to in
section 67(1)(a)(iii); and
(b) the principal business of the trust or
unit trust scheme is that business; and
(c) each beneficiary of the trust or
unitholder (as the case requires) is a
natural person who is entitled under the
trust deed to an annual distribution of
the trust income; and
-- 23 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
22
Authorised by the Chief Parliamentary Counsel
(d) at least one of the beneficiaries of the
trust or unitholders (as the case
requires), or a relative of at least one of
the beneficiaries or unitholders, is
normally engaged in a substantially
full-time capacity in that business.
67F Joint ownership of parcel of land referred
to in section 67(1)(a)
If a parcel of land referred to in section
67(1)(a) is owned by joint owners, each joint
owner must meet relevant requirements for
that type of owner in sections 67A, 67B,
67C, 67D or 67E.".
26 Further new Subdivision headings inserted in
Division 2 of Part 4
(1) Before section 68 of the Land Tax Act 2005
insert—
"Subdivision 5—Land being prepared
for use for primary production".
(2) After section 68 of the Land Tax Act 2005
insert—
"Subdivision 6—General".
27 Parcels of land
For section 70(2)(b) of the Land Tax Act 2005
substitute—
"(b) the owner of the parcel of land meets the
requirements in section 67A, 67B, 67C, 67D
or 67E.".
-- 24 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
23
Authorised by the Chief Parliamentary Counsel
28 Consequential amendment of First Home Owner
Grant Act 2000
In section 13(10) of the First Home Owner
Grant Act 2000—
(a) in paragraph (a)(i), for "the owner of the land
within the meaning of section 67(2)(a)
(as affected by that section)" substitute
"an owner of the land (not acting in the
capacity as trustee of a trust to which the
land is subject) who meets the requirements
in section 67A";
(b) in paragraph (a)(ii), for "described in
section 67(2)(b) (as affected by that section)"
substitute "(not acting in the capacity as
trustee of a trust to which the land is subject)
that meets the requirements in section 67B".
Division 3—Principal place of residence—
implied and constructive trusts
29 Principal place of residence exemption
(1) In section 54(1)(a) of the Land Tax Act 2005,
after "natural person" insert "(who is not a person
specified in subsection (4A))".
(2) After section 54(4) of the Land Tax Act 2005
insert—
"(4A) For the purposes of subsection (1)(a), the
following persons are specified—
(a) a trustee of a trust (including an implied
or constructive trust) to which the land
is subject;
-- 25 of 29 --
Part 4—Amendment of Land Tax Act 2005
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
24
Authorised by the Chief Parliamentary Counsel
(b) a beneficiary of a trust (including an
implied or constructive trust) to which
the land is subject;
(c) a unitholder in a unit trust scheme to
which the land is subject.".
-- 26 of 29 --
Part 5—Amendment of Valuation of Land Act 1960
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
25
Authorised by the Chief Parliamentary Counsel
Part 5—Amendment of Valuation of Land
Act 1960
30 Notice of valuation
For section 15(4) of the Valuation of Land
Act 1960 substitute—
"(4) A notice of valuation must be given on or
before 30 September in the year in which the
valuation is made.".
-- 27 of 29 --
Part 6—Repeal of this Act
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
26
Authorised by the Chief Parliamentary Counsel
Part 6—Repeal of this Act
31 Repeal of this Act
This Act is repealed on 1 January 2021.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
-- 28 of 29 --
Endnotes
State Taxation Acts Further Amendment Act 2019
No. 46 of 2019
27
Authorised by the Chief Parliamentary Counsel
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 16 October 2019
Legislative Council: 31 October 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the
Duties Act 2000, the Gambling Regulation Act 2003, the Land Tax
Act 2005 and the Valuation of Land Act 1960 and for other purposes."
-- 29 of 29 --