TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 3. Dictionary 4. Notes PART 2--PAYMENT OF COMMONWEALTH INCOME TAX EQUIVALENT 5. Purpose of pt 2 6. Territory entities subject to national tax equivalent regime 7. Application of principle of competitive neutrality 8. Information to be given PART 3--PAYMENT OF TAXES AND CHARGES GENERALLY 9. Territory entities subject to taxes and charges generally 10. Territory entities subject to taxes and charges at direction of PART 4--MISCELLANEOUS 11. Regulation-making power DICTIONARY ENDNOTES TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - LONG TITLE An Act about the payment of tax, and amounts equivalent to tax, by government business enterprises, and for other purposes TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - SECT 1 Name of Act This Act is the Taxation (Government Business Enterprises) Act 2003. TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - SECT 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act. For example, the signpost definition 'memorandum of understanding--see section 5.' means that the expression 'memorandum of understanding' is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - SECT 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - SECT 5 Purpose of pt 2 The purpose of this part is to give effect in relation to the Territory to the 2001 memorandum of understanding between the Territory, the Commonwealth, the States and the commissioner of taxation about the national tax equivalent regime. TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - SECT 6 Territory entities subject to national tax equivalent regime A Territory entity prescribed under the regulations for this section must comply with-- (a) the taxation laws listed in the memorandum of understanding, schedule 2 subject to the modifications of the application of those laws made by the memorandum and the manual; and (b) the manual. TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - SECT 7 Application of principle of competitive neutrality In making regulations for section 6, the Executive must have regard to the principle that, to eliminate resource allocation distortions arising out of the public ownership of entities engaged in significant business activities, government businesses should not enjoy any net competitive advantage simply because of their public ownership. TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - SECT 8 Information to be given A Territory entity prescribed for section 6 must, on being asked to do so by the Minister, give the Minister-- (a) any information asked for by the Minister about the entity's compliance with its obligations under this part; or (b) a copy of any return or other document the entity has given the commissioner of taxation in compliance, or purported compliance, with its obligations under this part. TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - SECT 9 Territory entities subject to taxes and charges generally A territory entity prescribed under the regulations for this section is not exempt from liability for any tax (however described), or any fee or charge, under Territory law. TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - SECT 10 Territory entities subject to taxes and charges at direction of Minister (1) The Minister may, in writing, direct a Territory entity that is not prescribed for section 9 to pay any tax (however described), or any fee or charge payable under a Territory law. (2) A direction is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - SECT 11 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - NOTES Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms: o administrative unit o State o Territory authority o Territory owned corporation. "commissioner of taxation" means the Commissioner of Taxation of the Commonwealth. "manual" means the manual kept by the commissioner of taxation under the memorandum of understanding. "memorandum of understanding"--see section 5. "Territory entity" includes the following: (a) a Territory authority; (b) a Territory owned corporation; (c) an administrative unit; (d) a part of an administrative unit. TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter p = page cl = clause par = paragraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly prov = provision div = division pt = part exp = expires/expired r = rule/subrule Gaz = Gazette reg = regulation/subregulation hdg = heading renum = renumbered IA = Interpretation Act 1967 reloc = relocated ins = inserted/added R[X] = Republication No LA = Legislation Act 2001 RI = reissue LR = legislation register s = section/subsection LRA = Legislation (Republication) Act 1996 sch = schedule mod = modified / modification sdiv = subdivision No = number sub = substituted num = numbered SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Taxation (Government Business Enterprises) Act 2003 A2003-12 notified LR 27 March 2003 s 1, s 2 taken to have commenced 1 July 2002 (LA s 75 (2)) pt 2, pt 3 taken to have commenced 1 July 2002 (s 2 (1)) remainder commenced 28 March 2002 (s 2 (2)) 4 Amendment history Commencements 2 om LA s 89 (4) Acts amended--sch 1s 12 om LA s 89 (3) Consequential amendmentssch 1 om LA s 89 (3) 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 not amended 27 March 2003 (c) Australian Capital Territory 2003 TAXATION (GOVERNMENT BUSINESS ENTERPRISES) ACT 2003 - NOTES Australian Capital Territory Republication No 2 Effective: 28 March 2003 Republication date: 28 March 2003 Act not amended up to this date(republication for commenced provisions)Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Taxation (Government Business Enterprises) Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 28 March 2003. It also includes any amendment, repeal or expiry affecting the republished law. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Taxation (Government Business Enterprises) Act 2003 Endnotes Australian Capital Territory Taxation (Government Business Enterprises) Act 2003