2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

An Act to amend the Duties Act 1999 and the First Home Owner Grant Act 2000

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Revenue Legislation Amendment Act 2008 (No 2).

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This part amends the Duties Act 1999.

Emmy applies to register her car in the ACT. The car is registered in Emmy’s name in Queensland. Under Queensland law, registration of Emmy’s car is exempt from duty. However, under this Act, registration of Emmy’s car is not exempt from duty. Section 218 does not apply, as Emmy has not paid duty in Queensland.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

This part amends the First Home Owner Grant Act 2000.

In this division:

objector means a person who gives a written objection to the commissioner under section 25.

(1A) A third-party debtor for a grant recipient may give a written objection to the commissioner if the debtor is dissatisfied with a decision of the commissioner to require the debtor to pay a recoverable amount instead of the grant recipient.

applicant

objector

(3) In this section:

recoverable amount—see section 49 (1).

applicant

objector

In this part:

recoverable amount—see section 49 (1).

recovery notice—see section 49A (2).

A third-party debtor, for a grant recipient, means 1 or more of the following people:

(a) a person from whom any money is due or accruing, or may become due, to the grant recipient;

(b) a person who holds, or may subsequently hold, money for or on account of the grant recipient;

(c) a person who holds, or may subsequently hold, money for or on account of someone else for payment to the grant recipient;

(d) a person who has authority from someone else to pay money to the grant recipient.

(1) A person is liable to pay interest under this section on the amount of a first home owner grant paid to the person if the amount is repayable under section 20 (2) (b) or section 21 (2).

(aa) if the amount is repayable under section 21 (2)—the day the notice mentioned in section 21 (2) (a) is given to the commissioner; or

following amounts

(each of which is a recoverable amount)

an amount to which this section applies

a recoverable amount

(1) The commissioner may require a third-party debtor for a grant recipient to pay a recoverable amount instead of the grant recipient.

(2) The requirement must be made by written notice (a recovery notice) given to the third-party debtor.

Note For how documents may be given, see s 53 (1) (c).

(3) The recovery notice must—

(a) state the date of the notice; and

(b) state the recoverable amount; and

(c) include a statement about the effect of section 49B (1); and

(d) if section 49B (2) applies—include a statement about the effect of the section, and the amount required to be paid out of each instalment; and

(e) include a statement about the effect of section 49B (3).

(4) The recovery notice may also state a day by which the amount required to be paid under the recovery notice is payable.

(5) The commissioner must give a copy of the recovery notice to the grant recipient.

(1) The amount that a third-party debtor for a grant recipient is required to pay under a recovery notice is—

(a) if the amount payable by the third-party debtor to the grant recipient is equal to or less than the recoverable amount—all of the amount payable; or

(b) if the amount payable by the third-party debtor to the grant recipient is more than the recoverable amount—the recoverable amount.

(2) If the amount payable by the third-party debtor to the grant recipient is payable in instalments, the commissioner may require the debtor to pay the commissioner an amount out of each instalment.

(3) A third-party debtor must pay the commissioner the amount required to be paid under a recovery notice by the later of the following:

(a) receipt of the recovery notice;

(b) when the amount held by the third-party debtor becomes due to the grant recipient;

(c) the day (if any) stated by the commissioner in the recovery notice.

(1) This section applies if—

(a) the commissioner gives a recovery notice to a third-party debtor for a grant recipient; and

(b) someone else pays all or part of the recoverable amount to the commissioner after the notice is given.

(2) If the other person pays all of the recoverable amount, the commissioner must—

(a) tell the third-party debtor that the debtor is not liable to pay the recoverable amount; and

(b) if the third-party debtor makes a payment towards the recoverable amount after the other person pays all of the amount—repay the third-party debtor the payment.

(3) If the other person pays part of the recoverable amount, the commissioner must give the third-party debtor another notice (a revised recovery notice) stating the new amount that the debtor is required to pay.

(1) A third-party debtor for a grant recipient must comply with—

(a) a recovery notice; or

(b) if a revised recovery notice is given to the debtor—the revised recovery notice.

Maximum penalty: 50 penalty units.

(2) If a third-party debtor is convicted of an offence against subsection (1), the court may, in addition to imposing a penalty on the debtor, order the debtor to pay the commissioner an amount that is not more than the recoverable amount under the recovery notice or revised recovery notice to which the offence relates.

(3) In this section:

revised recovery notice—see section 49C (3).

A third-party debtor for a grant recipient who makes a payment under this part is—

(a) taken to be acting under the authority of the grant recipient and anyone else concerned; and

(b) indemnified by this section in relation to the payment.

protected information means information about the following people that is disclosed to, or obtained by, a person to whom this section applies in the course of work related to the administration of this Act:

(a) a grant recipient;

(b) a third-party debtor for a grant recipient.

grant recipient means—

(a) an applicant (or former applicant) for a first home owner grant to whom an amount is paid under this Act; or

(b) any other person to whom an amount is paid under this Act.

objector, for division 2.6 (Objections and appeals)—see section 24A.

recoverable amount, for part 4 (Repayment and recovery of grant)—see section 49 (1).

recovery notice, for part 4 (Repayment and recovery of grant)—see section 49A (2).

third-party debtor, for a grant recipient—see section 46A.

Presentation speech made in the Legislative Assembly on 2008.

Notified under the Legislation Act on 2008.

For the latest republication of amended laws, see www.legislation.act.gov.au.