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Commonwealth Authorities (Northern Territory Pay-roll Tax) Act 1979

Compilation #None | Effective 2007-03-15

FRBR Work URI: /akn/au/act/1979/2

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1 Short title [see Note 1]

This Act may be cited as the Commonwealth Authorities (Northern Territory Pay-roll Tax) Act 1979.

2 Commencement

This Act shall be deemed to have come into operation on 1 July 1978.

3 Interpretation

In this Act:

Commonwealth authority means an authority or body constituted or established by an Act.

Commonwealth authority subject to pay-roll tax means a Commonwealth authority: (a) that was registered as an employer under the former Pay-roll Tax (Territories) Assessment Act 1971 or in respect of which an application for registration as an employer under that Act was pending; or that was registered as an employer under the pay-roll tax law of a State or in respect of which an application for registration as an employer under the pay-roll tax law of a State was pending, immediately before the commencement of this Act. pay-roll tax law, in relation to the Commonwealth, a State or the Northern Territory, means a law of the Commonwealth, of the State or of the Northern Territory, as the case may be, that relates to the imposition, assessment and collection of a tax upon wages.

(a) that was registered as an employer under the former Pay-roll Tax (Territories) Assessment Act 1971 or in respect of which an application for registration as an employer under that Act was pending; or

that was registered as an employer under the pay-roll tax law of a State or in respect of which an application for registration as an employer under the pay-roll tax law of a State was pending,

immediately before the commencement of this Act.

pay-roll tax law, in relation to the Commonwealth, a State or the Northern Territory, means a law of the Commonwealth, of the State or of the Northern Territory, as the case may be, that relates to the imposition, assessment and collection of a tax upon wages.

For the purposes of this Act, an authority or body continued in existence by an Act shall be deemed to be constituted by that Act.

4 Liability of Commonwealth authorities for Northern Territory pay-roll tax

Where the Act that constitutes or establishes a Commonwealth authority, being a Commonwealth authority subject to pay-roll tax, contains provision:

to the effect that the Commonwealth authority is not subject to taxation under a law of a State or Territory to which the Commonwealth is not subject; or

to the effect that the Commonwealth authority is not, except with respect to taxation of a kind specified in the Act, subject to taxation under a law of a State or Territory to which the Commonwealth is not subject, that provision does not have effect in relation to taxation under the pay-roll tax law of the Northern Territory.

Where:

(a) the Act that constitutes or establishes a Commonwealth authority, being a Commonwealth authority subject to pay-roll tax, contains a provision (in this subsection referred to as the relevant provision) to the effect that:

except under a law specified in regulations made under the Act, the Commonwealth authority is not, under a law of a State or Territory, subject to taxation, or is not, under a law of a State or Territory, subject to taxation other than taxation of a kind specified in the Act; or

except under a law specified in regulations made under the Act, the Commonwealth authority is not, under a law of the Commonwealth or of a State or Territory, subject to taxation, or is not, under a law of the Commonwealth or of a State or Territory, subject to taxation other than taxation of a kind specified in the Act; and

immediately before the commencement of this Act, regulations under the Act made for the purposes of the relevant provision were in force specifying:

in a case to which sub-paragraph (a)(i) applies—a pay-roll tax law of a State; or

in a case to which sub-paragraph (a)(ii) applies—a pay-roll tax law of the Commonwealth or of a State,

the relevant provision has effect as if the pay-roll tax law of the Northern Territory were also specified in regulations made under the Act for the purposes of the relevant provision.

The Commonwealth Authorities (Northern Territory Pay-roll Tax) Act 1979 as shown in this compilation comprises Act No. 2, 1979 amended as indicated in the Tables below.

Table of Acts

Notes to the

Note 1

Table of Amendments