Australian Capital Territory Consolidated Acts

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TERRITORY-OWNED CORPORATIONS ACT 1990 - SECT 29

Territory taxes

    (1)     Tax is not payable by a territory-owned corporation or a subsidiary in relation to—

        (a)     an exempt activity; or

        (b)     an instrument or document prepared, made, executed or lodged to give effect to, or in connection with, an exempt activity; or

        (c)     a transaction entered into for the purpose of an exempt activity.

    (2)     If an activity, instrument, document or transaction is within a paragraph of subsection (1), the Treasurer must certify in writing that the activity, instrument, document or transaction is one to which subsection (1) applies.

    (3)     A certificate under this section is evidence of the matters stated in the certificate.

    (4)     This section does not apply to a territory-owned corporation prescribed for the Taxation (Government Business Enterprises) Act 2003 , section 9 or to a subsidiary of such a corporation.

    (5)     In this section:

"exempt activity" means—

        (a)     the incorporation of a relevant company; or

        (b)     the acquisition of shares in a relevant company; or

        (c)     the issue or transfer of shares in a relevant company; or

        (d)     the transfer of assets from the Territory or a territory authority to a relevant company; or

        (e)     the assumption of responsibility by a relevant company for a liability of the Territory or a territory authority; or

        (f)     an activity or thing necessary to give effect to, or incidental to, another exempt activity.

"relevant company" means—

        (a)     a territory-owned corporation; or

        (b)     a subsidiary; or

        (c)     a company that the Portfolio Minister certifies in writing that it is intended will become a territory-owned corporation or subsidiary.

"tax" includes a duty, fee, levy or charge payable under an Act.



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