[Bill 11]-IV
TASMANIA
__________
TAXATION AND MISCELLANEOUS
AMENDMENTS BILL 2023
__________
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
7
(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