Taxation and Miscellaneous Amendments Bill 2023
11 of 2023
2023

[Bill 11]-IV

TASMANIA

__________

TAXATION AND MISCELLANEOUS

AMENDMENTS BILL 2023

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CONTENTS

PART 1 – PRELIMINARY

1. Short title

2. Commencement

PART 2 – DUTIES ACT 2001 AMENDED

3. Principal Act

4. Section 199 amended (Exemptions)

PART 3 – FIRST HOME OWNER GRANT ACT 2000 AMENDED

5. Principal Act

6. Section 18 amended (Amount of grant)

7. Section 18K inserted

18K. Conditions on increase in grant

PART 4 – REPEAL OF ACT

8. Repeal of Act

2

[Bill 11] 3

TAXATION AND MISCELLANEOUS

AMENDMENTS BILL 2023

(Brought in by the Treasurer, the Honourable Michael Darrel

Joseph Ferguson)

A BILL FOR

An Act to amend the Duties Act 2001 and the First Home

Owner Grant Act 2000

Be it enacted by Her Excellency the Governor of Tasmania, by

and with the advice and consent of the Legislative Council and

House of Assembly, in Parliament assembled, as follows:

PART 1 – PRELIMINARY

1. Short title

This Act may be cited as the Taxation and

Miscellaneous Amendments Act 2023.

2. Commencement

This Act commences on 1 July 2023 but if this

Act does not receive the Royal Assent by that

date it is taken to have commenced on

1 July 2023.

Taxation and Miscellaneous Amendments Act 2023

Act No. of 2023

s. 3 Part 2 – Duties Act 2001 Amended

4

PART 2 – DUTIES ACT 2001 AMENDED

3. Principal Act

In this Part, the Duties Act 2001* is referred to

as the Principal Act.

4. Section 199 amended (Exemptions)

Section 199(1)(db) of the Principal Act is

amended by omitting subparagraph (ii) and

substituting the following subparagraph:

(ii) the application is made, or notice is

lodged –

(A) on or after 1 July 2021 but before

1 July 2023; or

(B) on or after 1 July 2023 but before

1 January 2024 and is in respect

of a new motor vehicle for which

the contract of sale was entered

into before 25 May 2023;

_______________________________________________________________ *No. 15 of 2001

Taxation and Miscellaneous Amendments Act 2023

Act No. of 2023

Part 3 – First Home Owner Grant Act 2000 Amended s. 5

5

PART 3 – FIRST HOME OWNER GRANT ACT 2000

AMENDED

5. Principal Act

In this Part, the First Home Owner Grant Act

2000* is referred to as the Principal Act.

6. Section 18 amended (Amount of grant)

Section 18(2) of the Principal Act is amended as

follows:

(a) by inserting the following paragraph after

paragraph (aj):

(ak) if the first home owner grant

relates to an eligible transaction

that satisfies section 18K, the

amount is $30 000; or

(b) by omitting from paragraph (b) “section

18A, 18B, 18C, 18D, 18E, 18F, 18G,

18H, 18I or 18J” and substituting

“section 18A, 18B, 18C, 18D, 18E, 18F,

18G, 18H, 18I, 18J or 18K”.

7. Section 18K inserted

After section 18J of the Principal Act, the

following section is inserted in Division 5:

_______________________________________________________________ *No. 19 of 2000

Taxation and Miscellaneous Amendments Act 2023

Act No. of 2023

s. 7 Part 3 – First Home Owner Grant Act 2000 Amended

6

18K. Conditions on increase in grant

(1) An eligible transaction satisfies this

section if –

(a) the commencement date of the

eligible transaction is on or after

1 July 2023 but before

1 July 2024; and

(b) the eligible transaction is

completed in accordance with

section 13(5) within 24 months

after the commencement date of

the eligible transaction.

(2) If satisfied there are good reasons to do

so and if a request by the applicant is

made before a decision on the application

has been varied or reversed under

section 23, the Commissioner may

extend the period referred to in

subsection (1) for the eligible transaction

to be completed, even though the period

has expired.

(3) Despite subsection (1), an eligible

transaction does not satisfy this section if

the Commissioner considers that the

eligible transaction replaces a

transaction, entered into before

1 July 2023, that is for the same property

and that is between substantially, or that

benefits substantially, the same parties.

(4) For the avoidance of doubt, a payment of

$30 000 that –

Taxation and Miscellaneous Amendments Act 2023

Act No. of 2023

Part 3 – First Home Owner Grant Act 2000 Amended s. 7

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(a) was made in anticipation of the

Taxation and Miscellaneous

Amendments Act 2023 receiving

the Royal Assent; and

(b) was made on or after 1 July 2023

but before the Taxation and

Miscellaneous Amendments Act

2023 received the Royal Assent –

is taken to be a first home owner grant

payment, for the purposes of this Act,

made in relation to an eligible transaction

to which this section, as inserted by that

Act, applies.

Taxation and Miscellaneous Amendments Act 2023

Act No. of 2023

s. 8 Part 4 – Repeal of Act

8

PART 4 – REPEAL OF ACT

8. Repeal of Act

This Act is repealed on the first anniversary of

the day on which it commenced.

Government Printer, Tasmania