Commonwealth Authorities (Australian Capital Territory Pay-roll Tax) Act 1995

Act No. 96 of 1995 as amended

This compilation was prepared on 26 March 2007 taking into account amendments up to Act No. 8 of 2007

The text of any of those amendments not in force on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra

Contents

An Act relating to the liability of certain Commonwealth authorities to pay Australian Capital Territory pay-roll tax

 1 Preliminary
1 Short title [see Note 1]

This Act may be cited as the Commonwealth Authorities (Australian Capital Territory Pay-roll Tax) Act 1995.
2 Commencement [see Note 1]

This Act commences on the day on which it receives the Royal Assent.
3 Interpretation 1

In this Act:

Commonwealth authority means an authority or body that: was established by an Act; and (b) immediately before the commencement of the Payroll Tax Act 1987 of the Australian Capital Territory, was registered as an employer, or had an application for registration pending, under: (i) the former Pay-roll Tax (Territories) Assessment Act 1971; or the pay-roll tax law of a State or Territory;

 a

was established by an Act; and

 b

(b) immediately before the commencement of the Payroll Tax Act 1987 of the Australian Capital Territory, was registered as an employer, or had an application for registration pending, under:

 i

(i) the former Pay-roll Tax (Territories) Assessment Act 1971; or

 ii

the pay-roll tax law of a State or Territory;

Note: The Payroll Tax Act 1987 of the Australian Capital Territory commenced on 1 August 1987.

pay-roll tax law means a law that relates to the imposition, assessment and collection of a tax on wages.

 2

For the purposes of this Act, a Commonwealth authority constituted or continued in existence by an Act is taken to be established by that Act.
2 Liability of certain Commonwealth authorities to pay Australian Capital Territory Pay-roll Tax
4 Exempting provision not involving regulations 1

This section applies to a Commonwealth authority if its establishing Act contains a provision:

 a

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

 b

to the effect that, except for taxation of a specified kind, the authority is not subject to taxation under a law of a State or Territory to which the Commonwealth is not subject.

 2

(2) The provision does not have effect in relation to tax that is payable under the Payroll Tax Act 1987 of the Australian Capital Territory.
5 Exempting provision involving regulations 1

This section applies to a Commonwealth authority if:

 a

its establishing Act contains a provision:

 i

to the effect that, except under a law specified in regulations made under the Act, the authority is not subject to taxation under a law of a State or Territory; or

 ii

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

 iii

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

 iv

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

 b

immediately before the commencement of this Act, regulations were in operation specifying a pay-roll tax law of the Commonwealth or of a State or Territory.

 2

(2) The provision has effect as if the Payroll Tax Act 1987 of the Australian Capital Territory were also specified in regulations made under the Act.
6 Payments made before commencement of this Act

If a Commonwealth authority made any payments before the commencement of this Act on the basis that the payments were payable under the pay-roll tax law of the Australian Capital Territory, the Commonwealth authority cannot recover those payments.

The Commonwealth Authorities (Australian Capital Territory Pay-roll Tax) Act 1995 as shown in this compilation comprises Act No. 96, 1995 amended as indicated in the Tables below.

Table of Acts

Notes to the

Note 1
Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions
Commonwealth Authorities (Australian Capital Territory Pay-roll Tax) Act 1995 96, 1995 5 Sept 1995 5 Sept 1995
Statute Law Revision Act 2007 8, 2007 15 Mar 2007 Schedule 3 (item 21): Royal Assent —

Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 1
S. 3 am. No. 8, 2007