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State Taxation Acts Further Amendment Act 2008

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i State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 3 PART 2—DUTIES ACT 2000 4 Division 1—Sub-sales 4 3 Definitions 4 4 Transfers involving additional consideration 6 5 Transfers involving land development 9 6 Transfers resulting from options 12 7 New section 32W substituted 14 32W Transactions between relatives 14 Division 2—Exemptions for trusts and equity release programs 15 8 Transfers to and from a trustee or nominee 15 9 Equity release programs 16 Division 3—Miscellaneous Duties 17 10 Definitions 17 11 Imposition of duty 17 12 New Part 4 inserted in Chapter 10 17 PART 4—REGISTRATION OF APPROVED AGENTS 17 248A Registration of approved agents 17 248B Commissioner to keep register of approved agents 18 Division 4—Transitional provisions 18 13 New clause 28 inserted in Schedule 2 18 28 State Taxation Acts Further Amendment Act 2008 18 -- 1 of 41 -- Section Page ii PART 3—FIRST HOME OWNER GRANT ACT 2000 20 Division 1—First Home Owners Boost 20 14 Definitions 20 15 New section 13A inserted 20 13A Special eligible transactions 20 16 Amendment of section 18—Amount of grant 22 Division 2—General amendments 23 17 Definitions and cross-references 23 18 Power to correct decision 23 19 Objections 24 20 Protection of confidential information 24 21 New sections 50A and 50B inserted 24 50A Prohibition on secondary disclosures of information 24 50B Further restrictions on disclosure 25 PART 4—LIVESTOCK DISEASE CONTROL ACT 1994 26 Division 1—Amendments to commence on 1 January 2009 26 22 Commencement of certain provisions of the Livestock Disease Control Act 1994 26 23 Definitions 26 24 References to stamp duty and the Stamps Act 1958 27 25 Repeal of section 94 27 26 New sections 95 and 95A inserted 27 95 Payment of duty by approved agents in respect to cattle 27 95A Payment of duty by approved agents in respect to sheep and goats 29 27 Offences 31 28 Suspension of requirement to pay duty 32 29 Infringement notices in relation to returns for cattle and sheep and goats 32 30 Repeal of spent provisions 32 Division 2—Amendments to commence on 1 July 2009 32 31 Commencement of certain provisions of the Livestock Disease Control Act 1994 in relation to swine 32 32 Payment of duty of owner of cattle, sheep, goats or pigs 32 33 Section 93 repealed 32 34 New sections 95 and 95A amended 33 Division 3—Amendments to commence on proclamation 33 35 New section 95B inserted 33 95B Payment of duty by approved agents in respect to pigs 33 36 Infringement notices in relation to returns for swine 35 -- 2 of 41 -- Section Page iii PART 5—TAXATION ADMINISTRATION ACT 1997 36 37 Permitted disclosures of information 36 PART 6—REPEAL OF AMENDING ACT 37 38 Repeal of Act 37 ═══════════════ ENDNOTES 38 -- 3 of 41 -- 1 State Taxation Acts Further Amendment Act 2008 † No. 84 of 2008 [Assented to 11 December 2008] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Duties Act 2000— (i) to clarify duty on sub-sales of land; (ii) to clarify the duty exemption for transfers to and from trustees and nominees; Victoria -- 4 of 41 -- Part 1—Preliminary State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 2 (iii) to lower the age for eligibility for the equity release program exemption; (iv) to provide for the registration of approved agents for the purposes of Part 4 of Chapter 10 of that Act and Part 6 of the Livestock Disease Control Act 1994; (b) to amend the First Home Owner Grant Act 2000— (i) to provide for the administration of the First Home Owners Boost; (ii) to enable the Commissioner to vary or reverse a decision in relation to an application in certain circumstances despite 5 years having passed since the decision was made; (iii) to clarify that applicants may object to the imposition of penalties imposed under that Act; (iv) to strengthen the protection of confidential information under that Act; (c) to amend the Livestock Disease Control Act 1994— (i) to substitute references to the Stamps Act 1958 with references to the Duties Act 2000 and to repeal the requirement to affix duty stamps; (ii) to clarify requirements in relation to statements and invoices; (iii) to enable infringement notices to be issued in relation to certain offences; s. 1 -- 5 of 41 -- Part 1—Preliminary State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 3 (d) to amend the Taxation Administration Act 1997 to permit the disclosure of information to the Business Licensing Authority, the Roads Corporations and the Secretary to the Department of Primary Industries. 2 Commencement (1) This Act (other than Division 3 of Part 2, Division 1 of Part 3 and Part 4) comes into operation on the day after the day on which it receives the Royal Assent. (2) Division 1 of Part 3 is deemed to have come into operation on 14 October 2008. (3) Division 3 of Part 2 (other than section 11(3)) and Division 1 of Part 4 come into operation on 1 January 2009. (4) Division 2 of Part 4 comes into operation on 1 July 2009. (5) Section 11(3) and Division 3 of Part 4 come into operation on a day or days to be proclaimed. __________________ s. 2 -- 6 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 4 PART 2—DUTIES ACT 2000 Division 1—Sub-sales 3 Definitions (1) Insert the following definitions in section 32A of the Duties Act 2000— "excluded costs means— (a) legal costs or other fees or charges, including reasonable selling agents' fees and any statutory fees or charges; (b) survey or valuation payments; (c) GST other than in circumstances where an input tax credit or reduced input tax credit is available; (d) any other costs that, in the Commissioner's opinion, were reasonably incurred— (i) if the subsequent purchaser obtained the transfer right from the first purchaser—by the first purchaser as part of the sale contract; (ii) if the subsequent purchaser obtained the transfer right from another subsequent purchaser—by that other subsequent purchaser or an associate of that other subsequent purchaser in order for that other subsequent purchaser to obtain a transfer right; s. 3 See: Act No. 79/2000. Reprint No. 6 as at 25 July 2007 and amending Act Nos 12/2008 and 31/2008. LawToday: www. legislation. vic.gov.au -- 7 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 5 first purchaser— (a) for the purposes of Division 2, has the meaning given in section 32B(1)(a); (b) for the purposes of Division 3, has the meaning given in section 32I(1)(a); (c) for the purposes of Division 4, has the meaning given in section 32P(1)(a); subsequent purchaser— (a) for the purposes of Division 2, has the meaning given in section 32B(1)(b); (b) for the purposes of Division 3, has the meaning given in section 32I(1)(b); (c) for the purposes of Division 4, has the meaning given in section 32P(1)(b); subsequent transaction— (a) for the purposes of Division 2, has the meaning given in section 32B(3); (b) for the purposes of Division 3, has the meaning given in section 32I(3); (c) for the purposes of Division 4, has the meaning given in section 32P(3); transfer right— (a) for the purposes of Division 2, has the meaning given in section 32B(1)(b); (b) for the purposes of Division 3, has the meaning given in section 32I(1)(b); (c) for the purposes of Division 4, has the meaning given in section 32P(1)(b).". (2) In paragraph (b)(ii) of the definition of option in section 32A of the Duties Act 2000, for "owner." substitute "owner;". s. 3 -- 8 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 6 (3) At the end of section 32A of the Duties Act 2000 insert— "(2) For the purposes of this Part— (a) if a person who has a transfer right obtains an increased transfer right by a subsequent transaction, the person is a subsequent purchaser in relation to that subsequent transaction only to the extent of the increase in the transfer right; (b) if, by a subsequent transaction, a person retains a transfer right and another person obtains a transfer right, that other person is a subsequent purchaser in relation to that subsequent transaction only to the extent of the transfer right obtained by that other person.". 4 Transfers involving additional consideration (1) For section 32B(1)(b) of the Duties Act 2000 substitute— "(b) any of the following persons (a subsequent purchaser) obtains the right (a transfer right) to have the property or any part of it transferred, on completion of the sale contract, to the subsequent purchaser— (i) a person other than the first purchaser; or (ii) the first purchaser and a person other than the first purchaser; or (iii) if there is more than one first purchaser, one or more of the first purchasers in different proportions from those in the sale contract; and". s. 4 -- 9 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 7 (2) In section 32B(1)(c) of the Duties Act 2000, for "the subsequent purchaser or an associate of the subsequent purchaser" substitute "a subsequent purchaser or an associate of a subsequent purchaser". (3) In section 32B(4) of the Duties Act 2000— (a) in the definition of additional consideration, after "excluded costs" insert "or any increase in consideration that arises because of the operation of section 32V"; (b) the definition of excluded costs is repealed. (4) For section 32C(1)(b) of the Duties Act 2000 substitute— "(b) the dutiable value of the subsequent transaction by which the final subsequent purchaser obtained the transfer right; and (c) if there were any other subsequent transactions, the dutiable value of each of those transactions.". (5) After section 32C(2) of the Duties Act 2000 insert— "(3) If a subsequent purchaser or an associate of a subsequent purchaser has not given or agreed to give additional consideration in order to obtain a transfer right, duty is not chargeable under this Division— (a) if the subsequent purchaser obtained the transfer right from the first purchaser—on the sale contract to the extent of the transfer right obtained by the subsequent purchaser; or (b) in the case of a subsequent transaction referred to in subsection (1)(c)—on the subsequent transaction by which the subsequent purchaser obtained the s. 4 -- 10 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 8 transfer right to the extent of the transfer right obtained by the subsequent purchaser. (4) Subsection (3)(b) applies only where a subsequent purchaser obtained a transfer right from another subsequent purchaser.". (6) For section 32D(2) of the Duties Act 2000 substitute— "(2) For the purposes of this Division, the dutiable value of a subsequent transaction referred to in section 32C(1)(b) or (c) is the greater of— (a) the consideration given or agreed to be given by the subsequent purchaser or an associate of the subsequent purchaser in order for the subsequent purchaser to obtain the transfer right under the transaction, other than excluded costs or any increase in consideration that arises because of the operation of section 32V; and (b) the amount for which the property might reasonably have been sold if it had been sold, free from encumbrances, in the open market on the date on which the subsequent transaction was entered into. (3) If a subsequent purchaser has obtained a transfer right in the circumstances referred to in section 32A(2), the value of the subsequent transaction for the purposes of subsection (2)(b) is to be calculated only to the extent of the transfer right obtained by the subsequent purchaser under that subsequent transaction.". s. 4 -- 11 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 9 (7) For section 32F(1)(b) of the Duties Act 2000 substitute— "(b) in the case of duty referred to in section 32C(1)(b)—by the final subsequent purchaser; (c) in the case of duty referred to in section 32C(1)(c)—by the subsequent purchaser who obtains a transfer right under the relevant subsequent transaction.". (8) In section 32G(3) and (4) of the Duties Act 2000, after "32C(1)(b)" insert "or (c)". (9) Section 32H of the Duties Act 2000 is repealed. 5 Transfers involving land development (1) For section 32I(1)(b) of the Duties Act 2000 substitute— "(b) any of the following persons (a subsequent purchaser) obtains the right (a transfer right) to have the property or any part of it transferred, on completion of the sale contract, to the subsequent purchaser— (i) a person other than the first purchaser; or (ii) the first purchaser and a person other than the first purchaser; or (iii) if there is more than one first purchaser, one or more of the first purchasers in different proportions from those in the sale contract; and". (2) For section 32J(1)(b) of the Duties Act 2000 substitute— "(b) the dutiable value of the subsequent transaction by which the final subsequent purchaser obtained the transfer right; and s. 5 -- 12 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 10 (c) if there were any other subsequent transactions, the dutiable value of each of those transactions.". (3) In section 32J(3) of the Duties Act 2000— (a) in paragraph (b), for "occurred." substitute "occurred; or"; (b) after paragraph (b) insert— "(c) duty is charged on the sale contract under Division 2.". (4) In section 32J(5) of the Duties Act 2000— (a) after "transaction" (where first occurring) insert "referred to in subsection (1)(c)"; (b) for paragraph (b) substitute— "(b) the land development did not occur before the subsequent purchaser obtained a transfer right; or (c) duty is charged on the subsequent transaction under Division 2.". (5) After section 32J(5) of the Duties Act 2000 insert— "(6) Subsection (5)(a) does not apply if the subsequent purchaser who is the transferor of the transfer right or an associate of that subsequent purchaser undertook or participated in the land development at any time before the next subsequent purchaser held a transfer right.". (6) For section 32K(2) of the Duties Act 2000 substitute— "(2) For the purposes of this Division, the dutiable value of a subsequent transaction referred to in section 32J(1)(b) or (c) is the greater of— s. 5 -- 13 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 11 (a) the consideration given or agreed to be given by the subsequent purchaser or an associate of the subsequent purchaser in order for the subsequent purchaser to obtain the transfer right under the transaction, other than excluded costs or any increase in consideration that arises because of the operation of section 32V; and (b) the amount for which the property might reasonably have been sold if it had been sold, free from encumbrances, in the open market on the date on which the subsequent transaction was entered into. (3) If a subsequent purchaser has obtained a transfer right in the circumstances referred to in section 32A(2), the value of the subsequent transaction for the purposes of subsection (2)(b) is to be calculated only to the extent of the transfer right obtained by the subsequent purchaser under that subsequent transaction.". (7) For section 32M(1)(b) of the Duties Act 2000 substitute— "(b) in the case of duty referred to in section 32J(1)(b)—by the final subsequent purchaser; (c) in the case of duty referred to in section 32J(1)(c)—by the subsequent purchaser who obtains a transfer right under the relevant subsequent transaction.". (8) In section 32N(3) and (4) of the Duties Act 2000, after "32J(1)(b)" insert "or (c)". (9) Section 32O of the Duties Act 2000 is repealed. s. 5 -- 14 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 12 6 Transfers resulting from options (1) For section 32P(1)(b) of the Duties Act 2000 substitute— "(b) any of the following persons (a subsequent purchaser) obtains the right or assumes the obligation to enter into a contract of sale of the property or any part of it with the vendor or to have the property or any part of it transferred to the subsequent purchaser (a transfer right)— (i) a person other than the first purchaser; or (ii) the first purchaser and a person other than the first purchaser; or (iii) if there is more than one first purchaser, one or more of the first purchasers in different proportions from those in the option; and". (2) For section 32Q(1)(b) of the Duties Act 2000 substitute— "(b) the dutiable value of the subsequent transaction by which the final subsequent purchaser obtained the transfer right; and (c) if there were any other subsequent transactions, the dutiable value of each of those transactions.". (3) In section 32Q(5) of the Duties Act 2000— (a) after "transaction" (where first occurring) insert "referred to in subsection (1)(c)"; (b) for paragraph (b) substitute— "(b) the land development did not occur before the subsequent purchaser obtained a transfer right; or s. 6 -- 15 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 13 (c) duty is charged on the subsequent transaction under Division 2 or 3.". (4) After section 32Q(5) of the Duties Act 2000 insert— "(6) Subsection (5)(a) does not apply if the subsequent purchaser who is the transferor of the transfer right or an associate of that subsequent purchaser undertook or participated in the land development at any time before the next subsequent purchaser held a transfer right.". (5) For section 32R(2) of the Duties Act 2000 substitute— "(2) For the purposes of this Division, the dutiable value of a subsequent transaction referred to in section 32Q(1)(b) or (c) is the greater of— (a) the consideration given or agreed to be given by the subsequent purchaser or an associate of the subsequent purchaser in order for the subsequent purchaser to obtain the transfer right under the transaction, other than excluded costs or any increase in consideration that arises because of the operation of section 32V; and (b) the amount for which the property might reasonably have been sold if it had been sold, free from encumbrances, in the open market on the date on which the subsequent transaction was entered into. s. 6 -- 16 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 14 (3) If a subsequent purchaser has obtained a transfer right in the circumstances referred to in section 32A(2), the value of the subsequent transaction for the purposes of subsection (2)(b) is to be calculated only to the extent of the transfer right obtained by the subsequent purchaser under that subsequent transaction.". (6) For section 32T(1)(b) of the Duties Act 2000 substitute— "(b) in the case of duty referred to in section 32Q(1)(b)—by the final subsequent purchaser; (c) in the case of duty referred to in section 32Q(1)(c)—by the subsequent purchaser who obtains a transfer right under the relevant subsequent transaction.". (7) In section 32U(3) and (4) of the Duties Act 2000, after "32Q(1)(b)" insert "or (c)". 7 New section 32W substituted For section 32W of the Duties Act 2000 substitute— "32W Transactions between relatives (1) If a subsequent purchaser who obtains a transfer right from the first purchaser is— (a) a relative of the first purchaser acting on the relative's own behalf; or (b) a trustee of a fixed trust the only beneficiaries of which are relatives of the first purchaser— duty is not chargeable under this Part on the sale contract or option to the extent of the transfer right obtained by the subsequent purchaser. s. 7 -- 17 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 15 (2) If a subsequent purchaser (the second subsequent purchaser) obtains a transfer right from another subsequent purchaser (the first subsequent purchaser) under a subsequent transaction referred to in section 32C(1)(c), 32J(1)(c) or 32Q(1)(c) and the second subsequent purchaser is— (a) a relative of the first subsequent purchaser acting on the relative's own behalf; or (b) a trustee of a fixed trust the only beneficiaries of which are relatives of the first subsequent purchaser— duty is not chargeable under this Part in respect of the subsequent transaction under which the first subsequent purchaser obtained its transfer right to the extent of the transfer right obtained by the second subsequent purchaser.". Division 2—Exemptions for trusts and equity release programs 8 Transfers to and from a trustee or nominee (1) For section 35(1) of the Duties Act 2000 substitute— "(1) No duty is chargeable under this Chapter in respect of— (a) a transfer of dutiable property that is made by the transferor to a trustee or nominee to be held solely as trustee or nominee of the transferor, without any change in the beneficial ownership of the property; or s. 8 -- 18 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 16 (b) a declaration of trust by a trustee or nominee referred to in paragraph (a) under which the dutiable property referred to in that paragraph is held on trust solely for the transferor, without any change in the beneficial ownership of the property; or (c) a transfer made by way of re-transfer of dutiable property referred to in paragraph (a) to the transferor, without any change in the beneficial ownership of the dutiable property, if no person other than the transferor has had a beneficial interest in the property between the transfer to the trustee or nominee and the retransfer.". (2) In section 35(3) of the Duties Act 2000 omit "or marketable securities". 9 Equity release programs In section 55(4) of the Duties Act 2000— (a) for the definition of homeowner substitute— "homeowner means a person— (a) who is of or over the age of 60 years on the day on which the sale contract is entered into; and (b) who, immediately before entering into the sale contract, holds an estate in fee simple in the whole of the land that is occupied by the person as his or her principal place of residence and whose estate is not subject to any mortgage."; (b) the definition of pension age is repealed. s. 9 -- 19 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 17 Division 3—Miscellaneous Duties 10 Definitions Insert the following definition in section 3(1) of the Duties Act 2000— "approved agent means a person registered as an approved agent under section 248A;". 11 Imposition of duty (1) In section 241(b) of the Duties Act 2000, for "section 95(1)(a)" substitute "section 95(1)". (2) In section 244(b) of the Duties Act 2000, for "section 95(1A)(a)" substitute "section 95A(1)". (3) In section 246(b) of the Duties Act 2000, for "section 95(2)(a)" substitute "section 95B(1)". 12 New Part 4 inserted in Chapter 10 After Part 3 of Chapter 10 of the Duties Act 2000 insert— "PART 4—REGISTRATION OF APPROVED AGENTS 248A Registration of approved agents (1) The Commissioner, on the recommendation of the Secretary, may register a livestock agent within the meaning of the Livestock Disease Control Act 1994 as an approved agent for the purposes of this Part and Part 6 of that Act. (2) The Commissioner may, after consulting the Secretary, revoke a registration made under subsection (1). (3) The Commissioner must assign a number to every livestock agent registered as an approved agent. s. 10 -- 20 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 18 (4) In this section— Secretary means Secretary to the Department of Primary Industries. 248B Commissioner to keep register of approved agents (1) The Commissioner must keep a register of approved agents including each approved agent's name and assigned number. (2) The Commissioner— (a) must make the register of approved agents available on an Internet website maintained by the Commissioner; and (b) may make the register available by any other method.". Division 4—Transitional provisions 13 New clause 28 inserted in Schedule 2 In Schedule 2 to the Duties Act 2000, after clause 27 insert— "28 State Taxation Acts Further Amendment Act 2008 (1) Part 4A of Chapter 2, as amended by Division 1 of Part 2 of the State Taxation Acts Further Amendment Act 2008, applies to a transfer resulting from a sale contract that was entered into, or an option that was granted, on or after the commencement of that Division 1. (2) Part 4A of Chapter 2, as in force immediately before the commencement of Division 1 of Part 2 of the State Taxation Acts Further Amendment Act 2008, continues to apply to a transfer resulting from a sale contract that was entered into, or s. 13 -- 21 of 41 -- Part 2—Duties Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 19 an option that was granted, before that commencement. (3) Section 55, as amended by section 9 of the State Taxation Acts Further Amendment Act 2008, applies to a transaction taking place on or after 15 June 2005. (4) A taxpayer is entitled to a refund of any duty paid that is not payable because of subclause (3). (5) A person who, immediately before 1 January 2009, was an approved agent under section 94 of the Livestock Disease Control Act 1994 is deemed on and after that day to be registered as an approved agent under section 248A. (6) The number assigned by the Commissioner under section 94 of the Livestock Disease Control Act 1994 to a person who, immediately before 1 January 2009, was an approved agent under that section is deemed on and after that day to be the number assigned to the person for the purposes of section 248A.". __________________ s. 13 -- 22 of 41 -- Part 3—First Home Owner Grant Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 20 PART 3—FIRST HOME OWNER GRANT ACT 2000 Division 1—First Home Owners Boost 14 Definitions In section 3(1) of the First Home Owner Grant Act 2000 after the definition of residential property insert— "special eligible transaction—see section 13A;". 15 New section 13A inserted After section 13 of the First Home Owner Grant Act 2000 insert— "13A Special eligible transactions (1) An eligible transaction is also a special eligible transaction if it is— (a) a contract for the purchase of a home in the State (other than a contract for an off-the-plan purchase of a new home) entered into on or after 14 October 2008 and on or before 30 June 2009; (b) a contract for the purchase of a new residential premises in the State entered into on or after 14 October 2008 and on or before 30 June 2009; See: Act No. 5/2000. Reprint No. 2 as at 26 September 2007 and amending Act Nos 12/2008 and 31/2008. LawToday: www. legislation. vic.gov.au s. 14 -- 23 of 41 -- Part 3—First Home Owner Grant Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 21 (c) a comprehensive home building contract for a home in the State entered into on or after 14 October 2008 and on or before 30 June 2009 in respect of which— (i) the construction work commences within 26 weeks from the date that the contract is entered into or a longer period that the Commissioner considers appropriate in the circumstances of the case; and (ii) the building work is completed within 18 months of the date of commencement of construction work or a longer period that the Commissioner considers appropriate in the circumstances of the case; (d) for the building of a home in the State by an owner builder and the building work— (i) is commenced on or after 14 October 2008 and on or before 30 June 2009; and (ii) is completed within 18 months of the commencement of the eligible transaction or a longer period that the Commissioner considers appropriate in the circumstances of the case; (e) a contract for an off-the-plan purchase of a home in the State and— (i) the contract is entered into on or after 14 October 2008 and on or before 30 June 2009; and s. 15 -- 24 of 41 -- Part 3—First Home Owner Grant Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 22 (ii) the construction work is completed by 31 December 2010 or a later date that the Commissioner considers appropriate in the circumstances of the case. (2) However, a contract is not a special eligible transaction if the Commissioner determines that the contract replaces a previous contract entered into before 14 October 2008 that was— (a) a contract for the purchase of the same home; or (b) a comprehensive home building contract to build the same or a substantially similar home. (3) In this section— new residential premises has the same meaning as in section 40-75 of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.". 16 Amendment of section 18—Amount of grant After section 18(6) of the First Home Owner Grant Act 2000 insert— "(7) Subject to subsection (7A), in relation to a special eligible transaction an additional amount is payable as follows— (a) $7000, if the contract is for the purchase of an existing home; or s. 16 -- 25 of 41 -- Part 3—First Home Owner Grant Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 23 (b) $14 000, if— (i) section 13A(1)(b), 13A(1)(c), 13A(1)(d) or 13A(1)(e) applies to the transaction; and (ii) the home has not been occupied as a residence since it was constructed, renovated or refurbished. (7A) Subsection (7) does not apply to the extent that the total amount of the first home owner grant (including any additional amounts referred to in subsection (2) and subsection (7)) would exceed the consideration for the special eligible transaction.". Division 2—General amendments 17 Definitions and cross-references In section 3(1) of the First Home Owner Grant Act 2000, in the definition of taxation law— (a) for "taxing law" substitute "taxing Act"; (b) for "taxing law" substitute "taxing Act". 18 Power to correct decision In section 23(2) of the First Home Owner Grant Act 2000, after "made" insert "unless, at the time the decision was made, all the facts and circumstances affecting whether a first home owner grant was payable to the applicant in respect of whom the decision was made were not fully and truly disclosed to the Commissioner". s. 17 -- 26 of 41 -- Part 3—First Home Owner Grant Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 24 19 Objections (1) For section 26(1) of the First Home Owner Grant Act 2000 substitute— "(1) An applicant (or former applicant) who is dissatisfied with any of the following decisions of the Commissioner may lodge a written objection with the Commissioner— (a) a decision on the application (including a decision to reverse or vary an earlier decision); (b) a decision to require the applicant (or former applicant) to pay a penalty imposed under section 48.". (2) In section 26(5) of the First Home Owner Grant Act 2000, after "applicant" insert "(or former applicant)". 20 Protection of confidential information In section 50(4) of the First Home Owner Grant Act 2000, in paragraph (c), after "proceedings" insert "arising out of this Act, a corresponding law or a taxation law, or a report of those proceedings". 21 New sections 50A and 50B inserted After section 50 of the First Home Owner Grant Act 2000 insert— "50A Prohibition on secondary disclosures of information (1) A person must not disclose any protected information obtained in accordance with section 50(4) unless— (a) the disclosure is made to enable the person to exercise a function conferred on the person by law for the purpose of s. 19 -- 27 of 41 -- Part 3—First Home Owner Grant Act 2000 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 25 the enforcement of a law or protecting the public revenue; and (b) the Commissioner consents to the disclosure. Penalty: 60 penalty units. (2) For the purposes of the Freedom of Information Act 1982, information referred to in subsection (1) is information of a kind to which section 38 of that Act applies. 50B Further restrictions on disclosure A person, who is (or has been) engaged in the administration or enforcement of this Act, is not required to disclose or produce in any court any information obtained under or in relation to the administration or enforcement of this Act, except— (a) if it is necessary to do so for the purposes of the administration or enforcement of this Act; or (b) if the requirement is made for the purposes of enabling a person who is specified for the time being to be an authorised recipient to exercise a function conferred or imposed on the person by law.". __________________ s. 21 -- 28 of 41 -- Part 4—Livestock Disease Control Act 1994 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 26 PART 4—LIVESTOCK DISEASE CONTROL ACT 1994 Division 1—Amendments to commence on 1 January 2009 22 Commencement of certain provisions of the Livestock Disease Control Act 1994 In section 2(3) of the Livestock Disease Control Act 1994, for "92(2), 93(2) and (4) and 95(2) and (6)" substitute "92(2), 93(2) and 93(4)". 23 Definitions (1) In section 3(1) of the Livestock Disease Control Act 1994, for the definition of approved agent substitute— "approved agent means a livestock agent registered as an approved agent under section 248A of the Duties Act 2000;". (2) In section 3(1) of the Livestock Disease Control Act 1994 insert the following definition— "livestock agent means a person carrying on— (a) a business as— (i) a stock and station agent; or (ii) an abattoir operator; or (iii) a feedlot operator; or See: Act No. 115/1994. Reprint No. 5 as at 10 March 2005 and amending Act Nos 108/2004, 32/2006, 80/2006 and 7/2007. LawToday: www. legislation. vic.gov.au s. 22 -- 29 of 41 -- Part 4—Livestock Disease Control Act 1994 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 27 (iv) a cattle scale operator; or (v) a calf dealer; or (b) a business dealing with the buying or selling of livestock or the carcases of livestock;". 24 References to stamp duty and the Stamps Act 1958 In sections 71(2)(a), 76(c), 79A(2)(a), 79F(c), 80(2)(a) and 84(c) of the Livestock Disease Control Act 1994— (a) omit "stamp"; (b) for "Stamps Act 1958" substitute "Duties Act 2000". 25 Repeal of section 94 Section 94 of the Livestock Disease Control Act 1994 is repealed. 26 New sections 95 and 95A inserted For section 95 of the Livestock Disease Control Act 1994 substitute— '95 Payment of duty by approved agents in respect to cattle (1) An approved agent must not later than the 21st day of each month furnish to the Commissioner of State Revenue— (a) if during the last preceding month there has been no sale or purchase of cattle and calves and carcases of cattle, a nil return; or (b) in any other case, a return or returns of sales or purchases of cattle and calves and the carcases of cattle during the last preceding month, in the prescribed form, verified in the prescribed manner and denoted by cash register imprint s. 24 -- 30 of 41 -- Part 4—Livestock Disease Control Act 1994 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 28 with the duty paid by the approved agent. Penalty: 5 penalty units. (2) An approved agent must not later than the 21st day of each month pay to the Commissioner as cattle duty on any return the duty chargeable under the Duties Act 2000. Penalty: 5 penalty units and a penalty equal to double the amount of duty that would have been payable if the requirement of this subsection and the Duties Act 2000 had been complied with. (3) An approved agent must keep or cause to be kept in Victoria sufficient books to enable the agent to calculate accurately the amounts which are to be set out in returns required under this section. Penalty: 5 penalty units. (4) An approved agent must keep available for inspection the books and records and all working papers used in making the calculations for at least 3 years from the month to which each return relates or for such other period as the Commissioner determines in any particular case. Penalty: 5 penalty units. (5) An approved agent must issue to a purchaser of cattle or calves or the carcases of cattle an invoice that sets out— (a) the registration number assigned to the approved agent; and (b) the amount of duty paid; and s. 26 -- 31 of 41 -- Part 4—Livestock Disease Control Act 1994 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 29 (c) the expression "Vic. Cattle Duty Paid"; and (d) any prescribed particulars. Penalty: 5 penalty units. (6) A purchaser referred to in subsection (5) must keep the invoice issued to the purchaser for at least 3 years. (7) An approved agent who purchases cattle or calves or the carcases of cattle on the approved agent's own behalf, must issue to a seller of those cattle, calves or carcases a statement that sets out— (a) the registration number assigned to the approved agent; and (b) the amount of duty paid; and (c) the expression "Vic. Cattle Duty Paid"; and (d) any prescribed particulars. Penalty: 5 penalty units. (8) A seller referred to in subsection (7) must keep the statement issued to the seller for at least 3 years. 95A Payment of duty by approved agents in respect to sheep and goats (1) An approved agent must not later than the 21st day of each month furnish to the Commissioner of State Revenue— (a) if during the last preceding month there has been no sale or purchase of sheep and goats and carcases of sheep and goats, a nil return; or s. 26 -- 32 of 41 -- Part 4—Livestock Disease Control Act 1994 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 30 (b) in any other case, a return or returns of sales or purchases of sheep and goats and the carcases of sheep and goats during the last preceding month, in the prescribed form, verified in the prescribed manner and denoted by cash register imprint with the duty paid by the approved agent. Penalty: 5 penalty units. (2) An approved agent must not later than the 21st day of each month pay to the Commissioner as sheep and goat duty on any return the duty chargeable under the Duties Act 2000. Penalty: 5 penalty units and a penalty equal to double the amount of duty that would have been payable if the requirement of this Part and the Duties Act 2000 had been complied with. (3) An approved agent must keep or cause to be kept in Victoria sufficient books to enable the agent to calculate accurately the amounts which are to be set out in returns required under this section. Penalty: 5 penalty units. (4) An approved agent must keep available for inspection the books and records and all working papers used in making the calculations for at least 3 years from the month to which each return relates or for such other period as the Commissioner determines in any particular case. Penalty: 5 penalty units. s. 26 -- 33 of 41 -- Part 4—Livestock Disease Control Act 1994 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 31 (5) An approved agent must issue to a purchaser of sheep or goats or the carcases of sheep or goats an invoice that sets out— (a) the registration number assigned to the approved agent; and (b) the amount of duty paid; and (c) the expression "Vic. Sheep and Goat Duty Paid"; and (d) any prescribed particulars. Penalty: 5 penalty units. (6) A purchaser referred to in subsection (5) must keep the invoice issued to the purchaser for at least 3 years. (7) An approved agent who purchases sheep or goats or the carcases of sheep or goats on the approved agent's own behalf must issue to the seller of those sheep, goats or carcases a statement that sets out— (a) the registration number assigned to the approved agent; and (b) the amount of duty paid; and (c) the expression "Vic. Sheep and Goat Duty Paid"; and (d) any prescribed particulars. Penalty: 5 penalty units. (8) A seller referred to in subsection (7) must keep the statement issued to the seller for at least 3 years.'. 27 Offences Section 96(1) of the Livestock Disease Control Act 1994 is repealed. s. 27 -- 34 of 41 -- Part 4—Livestock Disease Control Act 1994 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 32 28 Suspension of requirement to pay duty In sections 96A(1) and 96A(2) of the Livestock Disease Control Act 1994, for "92(1A) and 95(1A)" substitute "92(1A), 95A(1) and 95A(2)". 29 Infringement notices in relation to returns for cattle and sheep and goats In section 126(1) of the Livestock Disease Control Act 1994, after "94B" insert ", 95(1), 95A(1)". 30 Repeal of spent provisions Sections 140 and 141 of the Livestock Disease Control Act 1994 are repealed. Division 2—Amendments to commence on 1 July 2009 31 Commencement of certain provisions of the Livestock Disease Control Act 1994 in relation to swine In section 2(3) of the Livestock Disease Control Act 1994, for "sections 92(2), 93(2) and 93(4)" substitute "section 92(2)". 32 Payment of duty of owner of cattle, sheep, goats or pigs (1) In sections 92(1)(a), 92(1A)(a) and 92(2)(a) of the Livestock Disease Control Act 1994, after "sale" insert "and the amount of duty paid to the Commissioner of State Revenue under the Duties Act 2000". (2) Sections 92(1)(b), 92(1A)(b) and 92(2)(b) of the Livestock Disease Control Act 1994 are repealed. 33 Section 93 repealed Section 93 of the Livestock Disease Control Act 1994 is repealed. s. 28 -- 35 of 41 -- Part 4—Livestock Disease Control Act 1994 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 33 34 New sections 95 and 95A amended In sections 95(1)(b) and 95A(1)(b) of the Livestock Disease Control Act 1994 omit "and denoted by cash register imprint with the duty paid by the approved agent". Division 3—Amendments to commence on proclamation 35 New section 95B inserted After section 95A of the Livestock Disease Control Act 1994 insert— '95B Payment of duty by approved agents in respect to pigs (1) An approved agent must not later than the 21st day of each month furnish to the Commissioner of State Revenue— (a) if during the last preceding month there has been no sale or purchase of pigs and carcases of pigs, a nil return; or (b) in any other case, a return or returns in the prescribed form verified in the prescribed manner of sales or purchases of pigs and the carcases of pigs during the last preceding month. Penalty: 5 penalty units. (2) An approved agent must not later than the 21st day of each month pay to the Commissioner as swine duty on any return the duty chargeable under the Duties Act 2000. Penalty: 5 penalty units and a penalty equal to double the amount of duty that would have been payable if the requirement of this subsection and s. 34 -- 36 of 41 -- Part 4—Livestock Disease Control Act 1994 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 34 the Duties Act 2000 had been complied with. (3) An approved agent must keep or cause to be kept in Victoria sufficient books to enable the agent to calculate accurately the amounts which are to be set out in returns required under this section. Penalty: 5 penalty units. (4) An approved agent must keep available for inspection the books and records and all working papers used in making the calculations for at least 3 years from the month to which each return relates or for such other period as the Commissioner determines in any particular case. Penalty: 5 penalty units. (5) An approved agent must issue to a purchaser of pigs or the carcases of pigs an invoice that sets out— (a) the registration number assigned to the approved agent; and (b) the amount of duty paid; and (c) the expression "Vic. Swine Duty Paid"; and (d) any prescribed particulars. Penalty: 5 penalty units. (6) A purchaser referred to in subsection (5) must keep the invoice issued to the purchaser for at least 3 years. (7) An approved agent who purchases pigs or the carcases of pigs on the approved agent's own behalf must issue to the seller of those pigs or carcases a statement that sets out— s. 35 -- 37 of 41 -- Part 4—Livestock Disease Control Act 1994 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 35 (a) the registration number assigned to the approved agent; and (b) the amount of duty paid; and (c) the expression "Vic. Swine Duty Paid"; and (d) any prescribed particulars. Penalty: 5 penalty units. (8) A seller referred to in subsection (7) must keep the statement issued to the seller for at least 3 years.'. 36 Infringement notices in relation to returns for swine In section 126(1) of the Livestock Disease Control Act 1994, after "95A(1)" insert ", 95B(1)". __________________ s. 36 -- 38 of 41 -- Part 5—Taxation Administration Act 1997 State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 36 PART 5—TAXATION ADMINISTRATION ACT 1997 37 Permitted disclosures of information In section 92(1)(e) of the Taxation Administration Act 1997— (a) after subparagraph (v) insert— "(vaa) the Business Licensing Authority (established by section 4 of the Business Licensing Authority Act 1998) for the purpose of administering the Motor Car Traders Act 1986 and regulations made under that Act; or"; (b) after subparagraph (vd) insert— "(ve) the Roads Corporation (established by section 15 of the Transport Act 1983) for the purpose of administering the Road Safety Act 1986 and regulations made under that Act; or (vf) the Secretary to the Department of Primary Industries for the purpose of administering the Livestock Disease Control Act 1994 and the Duties Act 2000 and regulations made under those Acts; or". __________________ s. 37 See: Act No. 40/1997. Reprint No. 4 as at 29 February 2008. LawToday: www. legislation. vic.gov.au -- 39 of 41 -- Part 6—Repeal of Amending Act State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 37 PART 6—REPEAL OF AMENDING ACT 38 Repeal of Act This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation. 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). ═══════════════ s. 38 -- 40 of 41 -- State Taxation Acts Further Amendment Act 2008 No. 84 of 2008 38 ENDNOTES † Minister's second reading speech— Legislative Assembly: 29 October 2008 Legislative Council: 13 November 2008 The long title for the Bill for this Act was "A Bill for an Act to amend the Duties Act 2000, the Livestock Disease Control Act 1994, the First Home Owner Grant Act 2000 and the Taxation Administration Act 1997 and for other purposes." Endnotes -- 41 of 41 --