Commonwealth Entities (Payment Surcharges) Tax (Imposition) Act 2024

No. 102, 2024

An Act to impose a tax relating to payment surcharges, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Definitions 2

4 Imposition 2

5 Amount of tax 2

6 Severability 3

Commonwealth Entities (Payment Surcharges) Tax (Imposition) Act 2024

No. 102, 2024

An Act to impose a tax relating to payment surcharges, and for related purposes

[Assented to 2 December 2024]

The Parliament of Australia enacts:
1 Short title

This Act is the Commonwealth Entities (Payment Surcharges) Tax (Imposition) Act 2024.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act The day after this Act receives the Royal Assent. 3 December 2024

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Definitions

In this Act:

Consequential Provisions Act means the Commonwealth Entities (Payment Surcharges) (Consequential Provisions and Other Matters) Act 2024.
4 Imposition

Tax payable under subitem 5(1) of Schedule 2 to the Consequential Provisions Act is imposed.
5 Amount of tax

The amount of the tax is equal to the amount the Commonwealth, or a Commonwealth entity, is liable to pay to a person as mentioned in paragraph 5(1)(b) of Schedule 2 to the Consequential Provisions Act.
6 Severability 1

This section applies in relation to a payment if:

 a

subparagraph 5(1)(a)(i) of Schedule 2 to the Consequential Provisions Act applies to the payment; and

 b

apart from this section, section 4 of this Act would impose a tax in relation to the payment; and

 c

the imposition of the tax in relation to the payment would exceed the legislative power of the Commonwealth.

 2

Section 4 of this Act has effect as if it did not impose that tax in relation to the payment.

[Minister’s second reading speech made in—

House of Representatives on 25 November 2024

Senate on 27 November 2024]

(154/24)