state taxation acts further amendment act 2017 statute law revision . 7 part 5—amendment of land...

Authorised by the Chief Parliamentary Counsel

Authorised Version

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State Taxation Acts Further Amendment Act 2017 No. 67 of 2017

TABLE OF PROVISIONS Section Page

Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3

Part 2—Amendment of Congestion Levy Act 2005 4 3 Specified parks and the Melbourne Zoo 4 4 Section 22 substituted 5

Part 3—Amendment of Duties Act 2000 6 5 Rate for additional duty chargeable for foreign purchasers—

residential property 6 6 Exemption or concession for certain first home buyers on PPR

transfers 6

Part 4—Amendment of Fire Services Property Levy Act 2012 7 7 Repeal of section 79 7 8 Service on a person by the Commissioner 7 9 Statute law revision 7

Part 5—Amendment of Land Tax Act 2005 8

Division 1—Absentee owner surcharge 8 10 Definitions 8 11 Exemptions from holding absentee controlling interests 8 12 New sections 3BA and 3BB inserted 8 13 Delegation of exemption power 11 14 New sections 3D and 3E inserted 11 15 New section 46IAA inserted 13 16 Land tax surcharge for absentee trusts 14 17 Land tax for absentee fixed trust if beneficial interests notified

to Commissioner 16 18 Land tax for absentee unit trust scheme if unitholdings notified

to Commissioner 18 19 Land tax for beneficiary/trustees 19 20 Land tax for PPR land if nominated PPR beneficiary 21 21 New Schedule 1A inserted 24

Section Page

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Division 2—Exemptions and concessions 34 22 Public statutory authorities 34 23 Municipal and public land 34 24 Armed services personnel 35 25 Friendly societies 35

Part 6—Amendment of Payroll Tax Act 2007 36 26 Amendment of Schedule 2 36

Part 7—Amendment of Taxation Administration Act 1997 37 27 Permitted disclosures to particular persons or for particular

purposes 37 28 Repeal of section 92A 37 29 Repeal of section 124 37 30 Service of documents by Commissioner 37 31 When is service effective? 38

Part 8—Amendment of Unclaimed Money Act 2008 40 32 Repeal of section 100 40 33 When is service effective? 40

Part 9—Amendment of Valuation of Land Act 1960 and other Acts 41

Division 1—Amendment of Valuation of Land Act 1960 41 34 Definitions 41 35 Valuer-general and other employees 43 36 Functions of valuer-general 43 37 Valuation Best Practice Specifications Guidelines 43 38 Valuation of transmission easements 43 39 Participation in general valuations 43 40 Requirement to confer with valuer-general 44 41 Requirement to report on general valuation caused by council 45 42 Return of amended general valuation caused by council 45 43 Assessment by valuer-general of general valuation caused by

council 45 44 Requirements as to general valuation caused by valuer-general 46 45 Order where general valuation caused by council reported not

generally true and correct 46 46 Declaration where general valuation certified true and correct 47 47 Restriction on payment of valuers for general valuations 47 48 Valuer-general to maintain valuation record 47 49 Fees for copy of valuation 48 50 Section 9 substituted 48 51 Section 10 substituted 48 52 General valuation to be made each year 50 53 Minister may direct a general valuation of land 50 54 Valuations for the purposes of the Local Government Act 1989 50

Section Page

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55 Repeal of sections 13DD and 13DE 50 56 Supplementary valuation 50 57 Certification of supplementary valuation caused by a council 51 58 Section 13DFB substituted 51 59 Repeal of section 13DJ 52 60 Application of Part 52 61 Section 13F substituted 52 62 Section 13G substituted 52 63 General valuation to be made each year 54 64 Minister may direct a general valuation of non-rateable leviable

land 54 65 Valuations for the purposes of the Fire Services Property Levy

Act 2012 55 66 Supplementary valuation 55 67 Certification of supplementary valuation caused by a collection

agency 55 68 Valuation authority to make supplementary valuation if

requested by collection agency 55 69 Repeal of section 13P 56 70 Notice of valuation 56 71 Repeal of section 19 56 72 Determination of objection 56 73 Costs 56 74 New sections 35 to 38 inserted 56

Division 2—Consequential amendments to other Acts 58 75 Co-operative Housing Societies Act 1958 58 76 Land Tax Act 2005—definition of general valuation 59 77 Land Tax Act 2005—repeal of section 21A 59 78 Local Government Act 1989 59 79 Water Act 1989 60

Part 10—Amendment of Victorian Civil and Administrative Tribunal Act 1998 61

80 Amendment of Schedule 1—definition of taxing Act updated 61

Part 11—Repeal of amending Act 62 81 Repeal of amending Act 62

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Endnotes 63 1 General information 63


Authorised Version

1

State Taxation Acts Further

Amendment Act 2017† No. 67 of 2017

[Assented to 19 December 2017]

The Parliament of Victoria enacts:

Part 1—Preliminary 1 Purposes

The main purposes of this Act are—

(a) to amend the Congestion Levy Act 2005 in relation to exemptions for certain parking spaces; and

Victoria

Part 1—Preliminary


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(b) to amend the Duties Act 2000 in relation to—

(i) the imposition of foreign purchaser additional duty on a dutiable transaction to which a concession applies; and

(ii) the calculation of the first home buyer concession; and

(c) to amend the Fire Services Property Levy Act 2012 in relation to the service of documents; and

(d) to amend the Land Tax Act 2005—

(i) in relation to the absentee owner surcharge; and

(ii) to make further provision for the circumstances in which certain land is exempt; and

(e) to amend the Payroll Tax Act 2007 in relation to the declaration by the Treasurer of organisations to be approved group training organisations; and

(f) to amend the Taxation Administration Act 1997—

(i) in relation to permitted disclosures of information; and

(ii) to make further provision for the service of documents; and

(g) to amend the Unclaimed Money Act 2008 in relation to the service of documents; and

(h) to amend the Valuation of Land Act 1960—

(i) to provide for general valuations to be made each year; and

Part 1—Preliminary


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(ii) to provide for the valuer-general to conduct all valuations under that Act, unless a council nominates to cause a general valuation to be made; and

(i) to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to the taxing Acts to which that Act applies; and

(j) to amend certain other Acts as a consequence of the amendments made to the Valuation of Land Act 1960 by this Act.

2 Commencement (1) This Act (except Parts 2 to 10) comes into

operation on the day on which it receives the Royal Assent.

(2) Section 5 is taken to have come into operation on 1 July 2015.

(3) Part 6 comes into operation on 1 July 2018.

(4) The remaining provisions of this Act come into operation on the day after the day on which this Act receives the Royal Assent.

Part 2—Amendment of Congestion Levy Act 2005


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3 Specified parks and the Melbourne Zoo For section 20A(3) of the Congestion Levy Act 2005 substitute—

"(3) A parking space is an exempt parking space if—

(a) it is provided on—

(i) land specified in Part 1 of Schedule 1 to the Zoological Parks and Gardens Act 1995; or

(ii) land within 200 metres of the land specified in Part 1 of Schedule 1 to the Zoological Parks and Gardens Act 1995; or

(iii) other land in the levy area that is owned or managed by the Board within meaning of the Zoological Parks and Gardens Act 1995; and

(b) it is set aside for—

(i) visitors to the zoological park existing on the land referred to in paragraph (a)(i); and

(ii) staff of the Board within meaning of the Zoological Parks and Gardens Act 1995.

(4) A parking space is an exempt parking space if—

(a) it is provided on land described in Vol.10894 Fol.151; and



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(b) Abbotsford Convent Foundation (A.C.N. 098 462 474) is the registered proprietor of the land within the meaning of the Transfer of Land Act 1958.".

4 Section 22 substituted For section 22 of the Congestion Levy Act 2005 substitute—

"22 Parking for employees of 24/7 enterprises working shifts

(1) A parking space is an exempt parking space if it is used only for the parking of motor vehicles by employees of a 24/7 enterprise who are regularly rostered on to work shifts at the 24/7 enterprise while the employees work such shifts.

(2) In this section—

24/7 enterprise means an enterprise in which shifts are continuously rostered 24 hours a day for 7 days a week.".

Part 3—Amendment of Duties Act 2000


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Part 3—Amendment of Duties Act 2000 5 Rate for additional duty chargeable for foreign

purchasers—residential property In section 28A(2) of the Duties Act 2000, for "chargeable under section 28" substitute "otherwise chargeable under this Chapter".

6 Exemption or concession for certain first home buyers on PPR transfers

In section 57JA(3) of the Duties Act 2000, for "The concession" substitute "For the purposes of subsection (2), the concessional amount of duty payable".

Part 4—Amendment of Fire Services Property Levy Act 2012


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Part 4—Amendment of Fire Services Property Levy Act 2012

7 Repeal of section 79 Section 79 of the Fire Services Property Levy Act 2012 is repealed.

8 Service on a person by the Commissioner (1) In section 81(1)(b) of the Fire Services Property

Levy Act 2012, for "2 business" substitute "7 business".

(2) Section 81(2) of the Fire Services Property Levy Act 2012 is repealed.

9 Statute law revision The heading to Part 6 of the Fire Services Property Levy Act 2012 is repealed.

Part 5—Amendment of Land Tax Act 2005


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Division 1—Absentee owner surcharge 10 Definitions

In section 3(1) of the Land Tax Act 2005 insert the following definitions—

"chain of trusts has the meaning given in section 3D;

ultimate trust, in a chain of trusts, has the meaning given in section 3E;".

11 Exemptions from holding absentee controlling interests

Section 3B(3), (4), (5) and (6) of the Land Tax Act 2005 are repealed.

12 New sections 3BA and 3BB inserted After section 3B of the Land Tax Act 2005 insert—

"3BA Exemption—land held on trust under absentee trusts

(1) For the purposes of Part 3, if an absentee beneficiary holds an exemption under subsection (2) in relation to an absentee trust that is—

(a) a fixed trust, the absentee beneficiary is taken to hold their beneficial interest in the trust as a beneficiary who is not an absentee beneficiary; or

(b) a unit trust scheme, the absentee beneficiary is taken to be a unitholder in the scheme who is not an absentee beneficiary; or



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(c) a discretionary trust, the absentee beneficiary is taken to be a specified beneficiary of the trust who is not an absentee beneficiary.

(2) The Treasurer, for the purposes of subsection (1), may, in writing, exempt an absentee beneficiary in relation to an absentee trust if the Treasurer is satisfied that, having regard to any one or more of the following matters, the absentee beneficiary should not be treated as an absentee beneficiary in relation to the trust—

(a) the nature and degree of the absentee beneficiary's interest in the trust;

(b) the practical influence the absentee beneficiary exerts or any rights the absentee beneficiary enforces to determine or influence, directly or indirectly, the outcome of decisions about the administration and conduct of the trust;

(c) any practice or behaviour of the absentee beneficiary affecting the trustee's administration and conduct of the trust;

(d) any other relevant circumstances.

3BB Absentee exemption requirements (1) At least once every 6 months the Treasurer

must cause to be laid before each House of Parliament, and publish on an appropriate government website, a report setting out—

(a) in respect of the exemptions (if any) granted by the Treasurer under sections 3B and 3BA during the period covered by the report—



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(i) the number of exemptions; and

(ii) the name of each corporation or trust in relation to which an exemption was granted; and

(iii) the value of each exemption, being the amount of land tax foregone, or likely to be foregone, by the State because of the exemption; and

(b) in respect of the exemptions (if any) granted by the Commissioner or a member of staff of the State Revenue Office during the period covered by the report under a delegation under section 3C—

(i) the number of exemptions; and

(ii) the total value of the exemptions, being the total amount of land tax foregone, or likely to be foregone, by the State because of the exemptions.

(2) The Treasurer must issue guidelines for the exercise of the power of exemption under sections 3B and 3BA.

(3) The Treasurer must cause guidelines issued under subsection (2) to be published in the Government Gazette.

(4) Guidelines issued under subsection (2) are not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.".



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13 Delegation of exemption power (1) In section 3C(1) of the Land Tax Act 2005—

(a) after paragraph (a) insert—

"(ab) the power of the Treasurer to exempt an absentee beneficiary under section 3BA(2);";

(b) in paragraph (b), after "paragraph (a)" insert "or (ab)".

(2) For section 3C(4) of the Land Tax Act 2005 substitute—

"(4) Despite section 42A(1)(a) of the Interpretation of Legislation Act 1984, the Treasurer cannot exercise the power to—

(a) exempt an absentee person under section 3B(2) while a delegation under subsection (1)(a) is in effect; or

(b) exempt an absentee beneficiary under section 3BA(2) while a delegation under subsection (1)(ab) is in effect.".

14 New sections 3D and 3E inserted After section 3C of the Land Tax Act 2005 insert—

"3D Meaning of chain of trusts (1) For the purposes of this Act, a chain of

trusts is 2 or more trusts where at least one of the following conditions is satisfied for each of the trusts—

(a) the trustee of the trust has a specified interest under another of the trusts;

(b) the trustee of another of the trusts has a specified interest under the trust.



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(2) For the purposes of this section, a person has a specified interest under a trust if—

(a) in the case of a trust that is a fixed trust, the person has a beneficial interest under the trust; or

(b) in the case of a trust that is a unit trust scheme, the person is a unitholder in the scheme; or

(c) in the case of a trust that is a discretionary trust, the person is a specified beneficiary of the trust.

3E Meaning of ultimate trust (1) For the purposes of this Act, an ultimate

trust is a trust—

(a) in a chain of trusts; and

(b) under which no person who has a specified interest holds that interest as a trustee of a trust for another person.

(2) For the purposes of this section, a person has a specified interest under an ultimate trust if—

(a) in the case of a trust that is a fixed trust, the person has a beneficial interest under the trust; or

(b) in the case of a trust that is a unit trust scheme, the person is a unitholder in the scheme; or

(c) in the case of a trust that is a discretionary trust, the person is a specified beneficiary of the trust.".



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15 New section 46IAA inserted Before section 46IA of the Land Tax Act 2005 insert—

"46IAA Absentee proportion of interests in land subject to a trust in a chain of trusts

(1) The absentee proportion of interests in land subject to a trust to the total interests in the land is the proportion of all the interests in that land that—

(a) natural person absentees or absentee corporations have in that land directly or indirectly through one or more chains of trusts that they do not hold on trust for another person; or

(b) persons have in that land directly or indirectly through one or more chains of trusts as trustee of an absentee trust that is a discretionary trust.

(2) Without limiting subsection (1), in calculating the absentee proportion of interests in land subject to a trust, a unitholding in a unit trust scheme is to be treated as an interest in the land.

Examples

Schedule 1A sets out examples of how the absentee proportion of interests in land subject to a trust that is in a chain of trusts is calculated.".



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16 Land tax surcharge for absentee trusts (1) For section 46IA(1) of the Land Tax Act 2005

substitute—

"(1) A person who is the owner of land as a trustee of an absentee trust that is a fixed trust is liable for land tax determined using the formula—

( )A = B + C 1 5%× ⋅

where—

A is the amount of assessed land tax that is payable;

B is the amount determined by applying the applicable rate set out in Part 3 of Schedule 1;

C is—

(a) if the absentee trust is not in a chain of trusts or is an ultimate trust, the value of all land subject to the trust that would be taken under section 46IB to be owned by an absentee beneficiary if a notice were in force under section 46B in respect of the beneficial interests of that absentee beneficiary in that land; or



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(b) if the absentee trust is in a chain of trusts and is not an ultimate trust, an amount determined by the formula—

D E× where—

D is the absentee proportion of interests in all land subject to the trust;

E is the taxable value of all land subject to the trust.

(1A) A person who is the owner of land as a trustee of an absentee trust that is a unit trust scheme is liable for land tax determined using the formula—

( )A = B + C 1 5%× ⋅

where—


B is the amount determined by applying the applicable rate set out in Part 3 of Schedule 1;

C is—

(a) if the unit trust scheme is not in a chain of trusts or is an ultimate trust, the value of all land subject to the scheme that would be taken under section 46IC to be owned by an absentee beneficiary if a notice were in force under section 46C in respect of the unitholdings in the scheme held by that absentee beneficiary; or



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(b) if the unit trust scheme is in a chain of trusts and is not an ultimate trust, an amount determined by the formula—

D E× where—

D is the absentee proportion of interests in all land subject to the scheme;

E is the taxable value of all land subject to the scheme.

(1B) A person who is the owner of land as trustee of an absentee trust that is a discretionary trust is liable for land tax determined at the applicable rate set out in Part 5 of Schedule 1.".

(2) In section 46IA(2) of the Land Tax Act 2005—

(a) in paragraph (a), for "subsection (1)(a)" substitute "subsections (1) and (1A)";

(b) for paragraph (b) substitute—

"(b) subsection (1B).".

17 Land tax for absentee fixed trust if beneficial interests notified to Commissioner

(1) For section 46IB(1)(b) of the Land Tax Act 2005 substitute—

"(b) the trustee of the trust is to be assessed for land tax on the whole of the land subject to the trust—

(i) if the trust is not in a chain of trusts or is an ultimate trust, at the applicable rate set out in Part 4 of Schedule 1, as if the land were the only land owned by the trustee; or



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(ii) if the trust is in a chain of trusts and is not an ultimate trust, using the formula—

( )A = B + C D 1 5%× × ⋅

where—


B is the amount determined by applying the applicable rate set out in Part 1 of Schedule 1 on the whole of the land subject to the trust (as if that land were the only land owned by the trustee);

C is the absentee proportion of interests in all land subject to the trust;

D is the taxable value of all land subject to the trust.".

(2) In the formula in section 46IB(3)(b) of the Land Tax Act 2005, for the variable "C" substitute—

"C is—

(a) if the trust is not in a chain of trusts or is an ultimate trust, the taxable value of all land owned by an absentee beneficiary; or

(b) if the trust is in a chain of trusts and is not an ultimate trust, an amount determined by the formula—

D E× where—

D is the absentee proportion of interests in all land subject to the trust;



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E is the taxable value of all land subject to the trust.".

18 Land tax for absentee unit trust scheme if unitholdings notified to Commissioner

(1) For section 46IC(1)(b) of the Land Tax Act 2005 substitute—

"(b) the trustee of the scheme is to be assessed for land tax on the whole of the land subject to the scheme—

(i) if the scheme is not in a chain of trusts or is an ultimate trust, at the applicable rate set out in Part 4 of Schedule 1, as if the land were the only land owned by the trustee; or

(ii) if the scheme is in a chain of trusts and is not an ultimate trust, an amount determined using the formula—

( )A = B + C D 1 5%× × ⋅

where— A is the amount of assessed land tax

that is payable;

B is the amount determined by applying the applicable rate set out in Part 1 of Schedule 1 on the whole of the land subject to the scheme (as if that land were the only land owned by the trustee);

C is the absentee proportion of interests in all land subject to the scheme;

D is the taxable value of all land subject to the scheme.".



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(2) In the formula in section 46IC(3)(b) of the Land Tax Act 2005, for the variable "C" substitute—

"C is—

(a) if the unit trust scheme is not in a chain of trusts or is an ultimate trust, the taxable value of all land subject to the scheme owned by a unitholder who is an absentee beneficiary; or

(b) if the unit trust scheme is in a chain of trusts and is not an ultimate trust, an amount determined by the formula—

D E× where—

D is the absentee proportion of interests in all land subject to the scheme;

E is the taxable value of all land subject to the scheme.".

19 Land tax for beneficiary/trustees (1) For section 46ID(3)(a) of the Land Tax Act 2005

substitute—

"(a) the amount determined by the formula—

( )(A B) + C D 1 5%× × × ⋅

where—

A is—

(a) the proportion of the beneficiary/trustee's beneficial interest in land subject to the first trust to the total beneficial interests in land subject to the first trust; or



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(b) the proportion of the beneficiary/trustee's unitholding in the first scheme to the total unitholdings in the first scheme;

B is that part of the total amount of tax assessed on the trustee of the first trust or the first scheme on the whole of the land subject to the first trust or first scheme determined by applying the applicable rate set out in Part 1 of Schedule 1 on the whole of the land subject to the first trust or first scheme;

C is—

(a) if the second trust is an absentee trust that is a discretionary trust, 100% of interests in all land subject to the discretionary trust; or

(b) in all other cases, the absentee proportion of interests in all land subject to the second trust;

D is the taxable value of the land of which the beneficiary/trustee is taken by subsection (1) to be the owner; and".

(2) For section 46ID(5)(a) of the Land Tax Act 2005 substitute—

"(a) the amount determined by the formula—

( )A = B + C D 1 5%× × ⋅

where—

A is—

(a) the proportion of the beneficiary/trustee's beneficial interest in land subject to the first trust to the total beneficial



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interests in land subject to the first trust; or

(b) the proportion of the beneficiary/trustee's unitholding in the first scheme to the total unitholdings in the first scheme;

B is that part of the total amount of tax assessed on the trustee of the first trust or the first scheme on the whole of the land subject to the first trust or first scheme determined by applying the applicable rate set out in Part 1 of Schedule 1 on the whole of the land subject to the first trust or first scheme;

C is—

(a) if the second trust is an absentee trust that is a discretionary trust, 100% of interests in all land subject to the discretionary trust; or

(b) in all other cases, the absentee proportion of interests in all land subject to the second trust;

D is the taxable value of the land of which the beneficiary/trustee is taken by subsection (1) to be the owner; and".

20 Land tax for PPR land if nominated PPR beneficiary

(1) In section 46IF(2) of the Land Tax Act 2005, for "the unit trust scheme" substitute "a unit trust scheme (other than a scheme that is in a chain of trusts)".



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(2) After section 46IF(2) of the Land Tax Act 2005 insert—

"(2A) The trustee of a unit trust scheme that is in a chain of trusts is to be assessed for land tax on land subject to the scheme—

(a) if that land is used and occupied as the principal place of residence of the nominated PPR beneficiary—

(i) as if the land were the only land owned by the trustee; and

(ii) using the formula—

( )A = B + C D 1 5%× × ⋅

where—



C is the absentee proportion of interests in all the land subject to the scheme;

D is the taxable value of all land subject to the scheme; or



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(b) if that land is not used and occupied as the principal place of residence of the nominated PPR beneficiary, using the formula—

( )A = B + C D 1 5%× × ⋅

where—



C is the absentee proportion of interests in all the land subject to the scheme;

D is the taxable value of all land subject to the scheme.".

(3) In section 46IF(3) of the Land Tax Act 2005, after "Subsection (2)(a)" insert "or (2A)(a)".

(4) In section 46IF(4) of the Land Tax Act 2005, after "Subsection (2)(a)" insert "or (2A)(a)".



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21 New Schedule 1A inserted After Schedule 1 of the Land Tax Act 2005 insert—

"Schedule 1A—Examples of absentee proportion

Section 46IAA

Example 1

1. Alpha (as trustee of the Alpha Unit Trust) owns taxable land.

2. The sole unitholder of the Alpha Unit Trust is Bravo (as trustee of the Bravo Unit Trust).

The unitholders of the Bravo Unit Trust are—

• Absentee Beneficiary 1, who has a 40% unitholding; and

• Non-absentee Beneficiary 1, who has a 40% unitholding; and

• Absentee Beneficiary 2, who has a 20% unitholding.

3. The Bravo Unit Trust is an absentee trust because it has at least one absentee beneficiary—see paragraph (b) of the definition of absentee trust.



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The Alpha Unit Trust is also an absentee trust because its unitholder, Bravo, is an absentee beneficiary holding an interest as trustee of an absentee trust—see paragraph (b) of the definition of absentee trust and paragraph (b)(ii) of the definition of absentee beneficiary.

4. The Alpha Unit Trust and the Bravo Unit Trust are in a chain of trusts—see section 3D.

5. The absentee proportion of interests in land subject to the Alpha Unit Trust is calculated as follows—

Step 1—calculate Absentee Beneficiary 1's interest in the land Multiply Absentee Beneficiary 1's interest in the Bravo Unit Trust (40%) by Bravo's interest (as trustee of the Bravo Unit Trust) in the Alpha Unit Trust (100%).

40% × 100% = 40%.

Step 2—calculate Absentee Beneficiary 2's interest in the land Multiply Absentee Beneficiary 2's interest in the Bravo Unit Trust (20%) by Bravo's interest (as trustee of the Bravo Unit Trust) in the Alpha Unit Trust (100%).

20% × 100% = 20%.

Step 3—add together the amounts calculated under Step 1 and Step 2 40% + 20% = 60%.



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Example 2

1. Alpha (as trustee of the Alpha Fixed Trust) owns taxable land.

2. The beneficiaries of the Alpha Fixed Trust are—

• Bravo (as trustee of the Bravo Fixed Trust), who has a 50% beneficial interest; and

• Charlie (as trustee of the Charlie Fixed Trust), who has a 50% beneficial interest.

The beneficiaries of the Bravo Fixed Trust are—

• Absentee Beneficiary 1, who has a 50% beneficial interest; and


• Non-absentee Beneficiary 1, who has a 20% beneficial interest.

The sole beneficiary of the Charlie Fixed Trust is Non-absentee Beneficiary 2.

3. The Bravo Fixed Trust is an absentee trust because it has at least one absentee beneficiary—see paragraph (a) of the definition of absentee trust.



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The Charlie Fixed Trust is not an absentee trust because its sole beneficiary, Non-absentee Beneficiary 2, is not an absentee beneficiary.

The Alpha Fixed Trust is an absentee trust because it has at least one absentee beneficiary, Bravo, holding an interest as trustee of an absentee trust—see paragraph (a) of the definition of absentee trust and paragraph (b)(i) of the definition of absentee beneficiary.

4. The Alpha Fixed Trust, the Bravo Fixed Trust and the Charlie Fixed Trust are in a chain of trusts—see section 3D.

5. The absentee proportion of interests in land subject to the Alpha Fixed Trust is calculated as follows—

Step 1—calculate Absentee Beneficiary 1's interest in the land Multiply Absentee Beneficiary 1's interest in the Bravo Fixed Trust (50%) by Bravo's interest (as trustee of the Bravo Fixed Trust) in the Alpha Fixed Trust (50%).

50% × 50% = 25%.


30% × 50% = 15%.




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Example 3




• Charlie (as trustee of the Charlie Fixed Trust), who has a 50% beneficial interest.




The beneficiaries of the Charlie Fixed Trust are—

• Non-absentee Beneficiary 2, who has 20% beneficial interest; and

• Absentee Beneficiary 2, who has an 80% beneficial interest.



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3. The Bravo Fixed Trust and the Charlie Fixed Trust are absentee trusts because each trust has at least one absentee beneficiary—see paragraph (a) of the definition of absentee trust. The Alpha Fixed Trust is also an absentee trust because it has absentee beneficiaries, Bravo and Charlie, who hold interests as trustees of absentee trusts—see paragraph (a) of the definition of absentee trust and paragraph (b)(i) of the definition of absentee beneficiary.

4. The Alpha Fixed Trust, the Bravo Fixed Trust and the Charlie Fixed Trust are in a chain of trusts—see section 3D.



50% × 50% = 25%.

Step 2—calculate Absentee Beneficiary 2's interest in the land Multiply Absentee Beneficiary 2's interest in the Charlie Fixed Trust (80%) by Charlie's interest (as trustee of the Charlie Fixed Trust) in the Alpha Fixed Trust (50%).

80% × 50% = 40%.




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Example 4




• Charlie (as trustee of the Charlie Discretionary Trust), who has a 50% beneficial interest.




The specified beneficiaries of the Charlie Discretionary Trust are—

• Absentee Beneficiary 2; and

• Non-absentee Beneficiary 2.



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3. The Bravo Fixed Trust is an absentee trust because it has at least one absentee beneficiary—see paragraph (a) of the definition of absentee trust. The Charlie Discretionary Trust is an absentee trust because it has at least one an absentee beneficiary—see paragraph (c) of the definition of absentee trust. The Alpha Fixed Trust is also an absentee trust because it has absentee beneficiaries, Bravo and Charlie, who hold beneficial interests as trustees of absentee trusts—see paragraph (a) of the definition of absentee trust and paragraph (b)(i) of the definition of absentee beneficiary.

4. The Alpha Fixed Trust, the Bravo Fixed Trust and the Charlie Discretionary Trust are in a chain of trusts—see section 3D.



50% × 50% = 25%.

Step 2—identify the interest held by Charlie (as trustee of the Charlie Discretionary Trust) in the Alpha Fixed Trust 50%.

Step 3—add together the amounts calculated and identified under Step 1 and Step 2 25% + 50% = 75%.



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Example 5

1. Alpha (as trustee of the Alpha Unit Trust) owns taxable land.

2. The sole unitholder of the Alpha Unit Trust is Bravo (as trustee of the Bravo Unit Trust).

The unitholders of the Bravo Unit Trust are—

• Charlie (as trustee of the Charlie Unit Trust), who has a 50% unitholding; and

• Delta (as trustee of the Delta Unit Trust), who has a 50% unitholding.

The unitholders of the Charlie Unit Trust are—

• Absentee Beneficiary 1, who has a 50% unitholding; and

• Non-absentee Beneficiary 1, who has a 50% unitholding.

The sole unitholder of the Delta Unit Trust is Absentee Beneficiary 2.



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3. The Charlie Unit Trust and the Delta Unit Trust are absentee trusts because each trust has at least one absentee beneficiary—see paragraph (b) of the definition of absentee trust. The Bravo Unit Trust is also an absentee trust because it has absentee beneficiaries, Charlie and Delta, who hold unitholdings as trustees of absentee trusts—see paragraph (b) of the definition of absentee trust and paragraph (b)(ii) of the definition of absentee beneficiary.

The Alpha Unit Trust is also an absentee trust because its unitholder, Bravo, holds unitholdings as trustee of an absentee trust—see paragraph (b) of the definition of absentee trust and paragraph (b)(ii) of the definition of absentee beneficiary.

4. The Alpha Unit Trust, the Bravo Unit Trust, the Charlie Unit Trust and the Delta Unit Trust are in a chain of trusts—see section 3D.

5. The absentee proportion of interests in land subject to the Alpha Unit Trust is calculated as follows—

Step 1—calculate Absentee Beneficiary 1's interest in the land Multiply Absentee Beneficiary 1's interest in the Charlie Unit Trust (50%) by Charlie's interest (as trustee of the Charlie Unit Trust) in the Bravo Unit Trust (50%) by Bravo's interest (as trustee of the Bravo Unit Trust) in the Alpha Unit Trust (100%).

50% × 50% × 100% = 25%.



34


Step 2—calculate Absentee Beneficiary 2's interest in the land Multiply Absentee Beneficiary 2's interest in the Delta Unit Trust (100%) by Delta's interest (as trustee of the Delta Unit Trust) in the Bravo Unit Trust (50%) by Bravo's interest (as trustee of the Bravo Unit Trust) in the Alpha Unit trust (100%).

100% × 50% × 100% = 50%.

Step 3—add together the amounts calculated under Step 1 and Step 2 25% + 50% = 75%.".

Division 2—Exemptions and concessions 22 Public statutory authorities

For section 80(2)(a)(ii) of the Land Tax Act 2005 substitute—

"(ii) a person or body referred to in section 72(1) that satisfies the requirements of section 72(2); or

(iii) a person or body referred to in section 81(1), 83(1) or 84(1); or".

23 Municipal and public land For section 81(2)(b) of the Land Tax Act 2005 substitute—

"(b) a person or body referred to in section 72(1) that satisfies the requirements of section 72(2); or

(c) a person or body referred to in section 80(1), 83(1) or 84(1).".



35


24 Armed services personnel For section 83(2)(b) of the Land Tax Act 2005 substitute—

"(b) a person or body referred to in section 72(1) that satisfies the requirements of section 72(2); or

(c) a person or body referred to in section 80(1), 81(1) or 84(1).".

25 Friendly societies For section 84(2)(b)(ii) of the Land Tax Act 2005 substitute—

"(ii) a person or body referred to in section 72(1) that satisfies the requirements of section 72(2); or

(iii) a person or body referred to in section 80(1), 81(1) or 83(1).".

Part 6—Amendment of Payroll Tax Act 2007


36


Part 6—Amendment of Payroll Tax Act 2007 26 Amendment of Schedule 2

In Schedule 2 to the Payroll Tax Act 2007, in clause 13B(1), for "a non-profit" substitute "an".

Part 7—Amendment of Taxation Administration Act 1997


37



27 Permitted disclosures to particular persons or for particular purposes

In section 92(1)(e) of the Taxation Administration Act 1997—

(a) in subparagraph (vf), for "Primary Industries" substitute "Economic Development, Jobs, Transport and Resources";

(b) in subparagraph (vg), for "Australian Crime Commission" substitute "Australian Criminal Intelligence Commission".

28 Repeal of section 92A Section 92A of the Taxation Administration Act 1997 is repealed.

29 Repeal of section 124 Section 124 of the Taxation Administration Act 1997 is repealed.

30 Service of documents by Commissioner (1) In section 125(1)(d) of the Taxation

Administration Act 1997 omit "by facsimile or other electronic transmission or".

(2) After section 125(1)(d) of the Taxation Administration Act 1997 insert—

"(da) if the person has given an electronic address as an available means of service, by electronic communication to that electronic address; or



38


Examples

The following are examples of an electronic address—

• an email address;

• a secure internet site that the person can access to obtain a document;

• a facsimile number;

• a mobile phone number.

(db) by a prescribed means; or".

31 When is service effective? (1) In section 125A(1)(b) of the Taxation

Administration Act 1997, for "2 business" substitute "7 business".

(2) For section 125A(1)(c) of the Taxation Administration Act 1997 substitute—

"(c) in the case where the Commissioner makes a document available for access or retrieval by the person from or through an internet site maintained by the Commissioner—at the time the Commissioner notifies the person by electronic communication that the document is available to be accessed or retrieved;

(d) in the case of any other form of electronic communication—at the time that communication is received; Examples

An email or facsimile is taken to be served on a person at the time the email or facsimile is received by the person—see section 13A of the Electronic Transactions (Victoria) Act 2000 in relation to the time of receipt of an electronic communication.

(e) in the case of a prescribed means of service—at the prescribed time.".



39


(3) For section 125A(2) of the Taxation Administration Act 1997 substitute—

"(2) For the purposes of subsection (1)(c), notification is taken to have been given to a person by the Commissioner at the time the electronic communication of the notification is received by the person.".

Part 8—Amendment of Unclaimed Money Act 2008


40


Part 8—Amendment of Unclaimed Money Act 2008

32 Repeal of section 100 Section 100 of the Unclaimed Money Act 2008 is repealed.

33 When is service effective? (1) In section 102(1)(b) of the Unclaimed Money

Act 2008, for "2 business" substitute "7 business".

(2) Section 102(2) of the Unclaimed Money Act 2008 is repealed.

Part 9—Amendment of Valuation of Land Act 1960 and other Acts


41



Division 1—Amendment of Valuation of Land Act 1960

34 Definitions In section 2(1) of the Valuation of Land Act 1960—

(a) insert the following definition—

"business day means a day other than—

(a) a Saturday or a Sunday; or

(b) a day appointed under the Public Holidays Act 1993 as a public holiday or public half-holiday;";

(b) the definition of collection agency general valuation is repealed;

(c) the definition of council general valuation is repealed;

(d) for the definition of general valuation substitute—

"general valuation means a valuation that a valuation authority is causing or has caused to be made—

(a) under Part II of all rateable land in an area; or

(b) under Part IIA of all non-rateable leviable land;";

(e) in the definition of notice of valuation omit ", 15(2)(a)";

(f) the definition of relevant municipal district is repealed;



42


(g) for the definition of valuation authority, in relation to a municipal district, substitute—

"valuation authority, in relation to rateable land in a municipal district, means—

(a) the valuer-general; or

(b) if a council for a municipal district that has the power under section 10 to cause general valuations to be made for the municipal district, the council;";

(h) for the definition of valuation authority, in relation to non-rateable leviable land, substitute—

"valuation authority, in relation to non-rateable leviable land, means—

(a) the valuer-general; or

(b) a collection agency that has the power under section 13G to cause general valuations to be made—

(i) in respect of land located in its municipal district; or

(ii) in respect of land that is not located in its municipal district, if the collection agency has been directed by the Minister administering the Fire Services Property Levy Act 2012 to be the collection agency in respect of the land;";

(i) in the definition of valuation record, for "section 7C;" substitute "section 7C.";

(j) the definition of valuer-general general valuation is repealed.



43


35 Valuer-general and other employees In section 3(5) of the Valuation of Land Act 1960—

(a) in paragraph (a), for "request;" substitute "request; or";

(b) after paragraph (b) insert—

"(ba) the Chief Executive Officer of a council; or".

36 Functions of valuer-general In section 5(1)(ab) of the Valuation of Land Act 1960 omit "when so nominated by councils or collection agencies or as directed by the Minister under Part IIA".

37 Valuation Best Practice Specifications Guidelines In section 5AA(1), (3) and (4) of the Valuation of Land Act 1960 omit "biennial".

38 Valuation of transmission easements (1) In section 5B(2)(a) of the Valuation of

Land Act 1960, for "every even calendar year (subject to subsection (2A))" substitute "each calendar year".

(2) Section 5B(2A) of the Valuation of Land Act 1960 is repealed.

39 Participation in general valuations (1) In the heading to section 6 of the Valuation of

Land Act 1960 omit "made by a valuation authority".

(2) For section 6(1) of the Valuation of Land Act 1960 substitute—

"(1) A valuation authority that is going to cause a general valuation to be made must give notice of the valuation to each rating



44


authority interested in the valuation of land in the area for which the valuation is being made.

(1A) A notice under subsection (1) must—

(a) be given to each rating authority at least one month before the valuation authority begins the valuation; and

(b) specify a date by which each rating authority must give notice under subsection (2).".

(3) In section 6(4) of the Valuation of Land Act 1960—

(a) for "council general valuation or a collection agency general valuation" substitute "general valuation caused by a council";

(b) for "the council" (where twice occurring) substitute "the valuation authority".

(4) In section 6(5) of the Valuation of Land Act 1960, for "council" substitute "valuation authority".

40 Requirement to confer with valuer-general In section 7 of the Valuation of Land Act 1960—

(a) for "council general valuation or collection agency general valuation" substitute "general valuation";

(b) in paragraphs (d) and (e), for "relevant municipal district" substitute "municipal district of that council".



45


41 Requirement to report on general valuation caused by council

(1) In the heading to section 7AA of the Valuation of Land Act 1960, for "council general valuation and collection agency general valuation" substitute "general valuation caused by council".

(2) In section 7AA(1) of the Valuation of Land Act 1960, for "council general valuation or a collection agency general valuation" substitute "general valuation caused by a council".

42 Return of amended general valuation caused by council

(1) In the heading to section 7AB of the Valuation of Land Act 1960, for "council general valuation or collection agency general valuation" substitute "general valuation caused by council".

(2) In section 7AB(2) of the Valuation of Land Act 1960, for "council general valuation or collection agency general valuation" substitute "general valuation caused by a council".

43 Assessment by valuer-general of general valuation caused by council

(1) For the heading to section 7AC of the Valuation of Land Act 1960 substitute—

"Assessment by valuer-general of general valuation caused by council".

(2) In section 7AC(1) of the Valuation of Land Act 1960, for "council general valuation or collection agency general valuation" substitute "general valuation caused by a council".



46


44 Requirements as to general valuation caused by valuer-general

(1) For the heading to section 7AD of the Valuation of Land Act 1960 substitute—

"Requirements as to general valuation caused by valuer-general".

(2) In section 7AD(1) of the Valuation of Land Act 1960—

(a) omit "valuer-general" (where secondly occurring);

(b) for "he or she" substitute "the valuer-general".

45 Order where general valuation caused by council reported not generally true and correct

(1) In the heading to section 7AE of the Valuation of Land Act 1960, for "council general valuation or collection agency general valuation" substitute "general valuation caused by council".

(2) In section 7AE(1) of the Valuation of Land Act 1960, for "council general valuation or a collection agency general valuation" substitute "general valuation caused by a council".

(3) In section 7AE(2) of the Valuation of Land Act 1960—

(a) in paragraph (a)—

(i) for subparagraph (i) substitute—

"(i) all of the rateable land in the whole or any part of the municipal district of the council on the basis or bases of value assessed that are specified in the Order; or";



47


(ii) in subparagraph (ii) omit "in the case of a collection agency general valuation—";

(b) for paragraph (b) substitute—

"(b) limit the use, by a council or other rating authority, of a general valuation caused by a council as to any one or more of the bases of value assessed to such period as is specified in the Order.".

46 Declaration where general valuation certified true and correct

For section 7AF(1) of the Valuation of Land Act 1960 substitute—

"(1) In accordance with this section, the Minister may declare that a general valuation is generally true and correct—

(a) as to the whole valuation or any part or parts of the valuation; and

(b) as to any one or more of the bases of value assessed.".

47 Restriction on payment of valuers for general valuations

In section 7A(1) of the Valuation of Land Act 1960 omit "council general valuation or a collection agency".

48 Valuer-general to maintain valuation record For section 7C(1) of the Valuation of Land Act 1960 substitute—

"(1) The valuer-general is responsible for establishing and maintaining a record of all general valuations and supplementary valuations completed by or provided to the valuer-general under this Act.".



48


49 Fees for copy of valuation For section 8AA(1A) of the Valuation of Land Act 1960 substitute—

"(1A) A council or a collection agency that has been provided with a valuation by the valuer-general under section 11 or 13H is not required to pay a fee for the provision of that valuation.".

50 Section 9 substituted For section 9 of the Valuation of Land Act 1960 substitute—

"9 Valuer-general is valuation authority Subject to section 10, the valuer-general is the valuation authority in respect of rateable land in a municipal district of a council.".

51 Section 10 substituted For section 10 of the Valuation of Land Act 1960 substitute—

"10 Council is valuation authority if nomination is in force

(1) A council has the power to cause a valuation of all land in its municipal district for a specified year if it makes a nomination for that year which meets the requirements of this section.

(2) The requirements are that the nomination is—

(a) made to the valuer-general; and

(b) in writing; and

(c) made on or before the relevant day for that calendar year.



49


(3) A nomination for a specified year also meets the requirements if—

(a) it is made after the relevant day; and

(b) the valuer-general accepts it.

(4) For the purposes of subsection (3)(b), the valuer-general may accept a nomination after the relevant day if the valuer-general considers it appropriate to do so.

(5) A nomination that meets the requirements of this section continues in force until the earlier of the following—

(a) the date on which it is revoked;

(b) 30 June 2022.

(6) A council may revoke a nomination by giving notice, in writing, to the valuer-general by 30 June of the calendar year that immediately precedes the next calendar year in which a general valuation is to be made.


"relevant day means—

(a) for the 2019 calendar year, 30 January 2018; or

(b) for the 2020 calendar year, 30 June 2019; or

(c) for the 2021 calendar year, 30 June 2020; or

(d) for the 2022 calendar year, 30 June 2021;

specified year means any of the following years—

(a) the 2019 calendar year;

(b) the 2020 calendar year;



50


(c) the 2021 calendar year;

(d) the 2022 calendar year.".

52 General valuation to be made each year (1) In the heading to section 11 of the Valuation of

Land Act 1960, for "every two years" substitute "each year".

(2) In section 11 of the Valuation of Land Act 1960—

(a) in paragraph (a)—

(i) for "the relevant municipal district" substitute "an area";

(ii) for "every even" substitute "each";

(b) for paragraph (b)(ii) substitute—

"(ii) to be provided to the council of the municipal district to which the area relates.".

53 Minister may direct a general valuation of land In section 12 of the Valuation of Land Act 1960, after "direct" insert "a council that is".

54 Valuations for the purposes of the Local Government Act 1989

For the heading to section 13DA of the Valuation of Land Act 1960 substitute—

"Valuations for the purposes of the Local Government Act 1989".

55 Repeal of sections 13DD and 13DE Sections 13DD and 13DE of the Valuation of Land Act 1960 are repealed.

56 Supplementary valuation (1) In section 13DF(3A) of the Valuation of Land

Act 1960, after "caused" insert "or requested".



51


(2) In section 13DF(9) of the Valuation of Land Act 1960, for "subsections (3A) and (5)" substitute "subsection (5)".

57 Certification of supplementary valuation caused by a council

(1) In the heading to section 13DFA of the Valuation of Land Act 1960, after "valuation" insert "caused by a council".

(2) In section 13DFA(1) of the Valuation of Land Act 1960, for "Within" substitute "If a council is a valuation authority, within".

58 Section 13DFB substituted For section 13DFB of the Valuation of Land Act 1960 substitute—

"13DFB Valuation authority to make supplementary valuation if requested by council

(1) The valuer-general must cause a supplementary valuation under section 13DF to be made if so requested by the council of that municipal district.

(2) A request made by a council under subsection (1) must—

(a) be made to the valuer-general in writing; and

(b) be accompanied by a report of the valuation data in the form prescribed by the Valuation Best Practice Specifications Guidelines.

(3) If a council requests a supplementary valuation to be caused by the valuer-general under subsection (1), the valuer-general must give the supplementary valuation to the council within 10 business days after the



52


supplementary valuation is returned to the valuer-general.".

59 Repeal of section 13DJ Section 13DJ of the Valuation of Land Act 1960 is repealed.

60 Application of Part In section 13E of the Valuation of Land Act 1960 omit "by a collection agency".

61 Section 13F substituted For section 13F of the Valuation of Land Act 1960 substitute—

"13F Valuer-general is valuation authority Subject to section 13G, the valuer-general is the valuation authority in respect of non-rateable leviable land.".

62 Section 13G substituted For section 13G of the Valuation of Land Act 1960 substitute—

"13G Collection agency may make valuations where nomination is in force

(1) A collection agency has the power to cause a valuation of the land specified in subsection (2) for a specified year if it makes a nomination for that year which meets the requirements of this section.

(2) For the purposes of subsection (1), the land is—

(a) non-rateable leviable land in the municipal district of which the collection agency is the council; and



53


(b) non-rateable leviable land not located in the municipal district of which the collection agency is the council, if the Minister administering the Fire Services Property Levy Act 2012 has directed that the council will be a collection agency in respect of the land.

(3) The requirements are that the nomination is—

(a) made to the valuer-general; and

(b) in writing; and

(c) made on or before the relevant day for that calendar year.

(4) A nomination for a specified year also meets the requirements if—

(a) it is made after the relevant day; and

(b) the valuer-general accepts it.

(5) For the purposes of subsection (4)(b), the valuer-general may accept a nomination after the relevant day if the valuer-general considers it appropriate to do so.

(6) A nomination that meets the requirements of this section continues in force until the earlier of the following—

(a) the date on which it is revoked;

(b) 30 June 2022.

(7) A collection agency may revoke a nomination by giving notice, in writing, to the valuer-general by 30 June of the calendar year that immediately precedes the next calendar year in which a general valuation is to be made.



54



relevant day means—

(a) for the 2019 calendar year, 30 January 2018; or

(b) for the 2020 calendar year, 30 June 2019; or

(c) for the 2021 calendar year, 30 June 2020; or

(d) for the 2022 calendar year, 30 June 2021;

specified year means any of the following years—

(a) the 2019 calendar year;

(b) the 2020 calendar year;

(c) the 2021 calendar year;

(d) the 2022 calendar year.".

63 General valuation to be made each year (1) In the heading to section 13H of the Valuation of

Land Act 1960, for "every two years" substitute "each year".

(2) In section 13H of the Valuation of Land Act 1960—

(a) in paragraph (a), for "every even" substitute "each";

(b) in paragraph (b)(ii) omit "if the valuation authority is the valuer-general—".

64 Minister may direct a general valuation of non-rateable leviable land

In section 13I(1) of the Valuation of Land Act 1960, after "direct" insert "a collection agency that is".



55


65 Valuations for the purposes of the Fire Services Property Levy Act 2012

For the heading to section 13J of the Valuation of Land Act 1960 substitute—

"Valuations for the purposes of the Fire Services Property Levy Act 2012".

66 Supplementary valuation In section 13L(4) of the Valuation of Land Act 1960, after "caused" insert "or requested".

67 Certification of supplementary valuation caused by a collection agency

(1) In the heading to section 13M of the Valuation of Land Act 1960, after "valuation" insert "caused by a collection agency".

(2) In section 13M(1) of the Valuation of Land Act 1960, for "Within" substitute "If a collection agency is a valuation authority, within".

68 Valuation authority to make supplementary valuation if requested by collection agency

(1) In the heading to section 13N of the Valuation of Land Act 1960, for "on behalf of" substitute "if requested by".

(2) In section 13N(1) of the Valuation of Land Act 1960, for "If the valuer-general is the valuation authority, the" substitute "The".

(3) For section 13N(3) of the Valuation of Land Act 1960 substitute—

"(3) If a collection agency requests a supplementary valuation to be caused by the valuer-general under subsection (1), the valuer-general must give the supplementary valuation to the collection agency within 10 business days after the supplementary valuation is returned to the valuer-general.".



56


69 Repeal of section 13P Section 13P of the Valuation of Land Act 1960 is repealed.

70 Notice of valuation (1) In section 15(1) of the Valuation of Land

Act 1960 omit "that is not also a rating authority".

(2) Section 15(2) of the Valuation of Land Act 1960 is repealed.

(3) In section 15(8) of the Valuation of Land Act 1960 omit ", (2)(b)".

71 Repeal of section 19 Section 19 of the Valuation of Land Act 1960 is repealed.

72 Determination of objection In section 21(5) of the Valuation of Land Act 1960, for ", the valuation authority and any other" substitute "and any".

73 Costs In section 26(2)(g) of the Valuation of Land Act 1960, for ", valuer or valuer-general (as the case requires)" substitute "or valuer (as the case requires)".

74 New sections 35 to 38 inserted After section 34 of the Valuation of Land Act 1960 insert—

"35 Saving of 2018 valuations—State Taxation Acts Further Amendment Act 2017 Despite the amendments made to this Act by Part 9 of the State Taxation Acts Further Amendment Act 2017, a council or collection agency may make a valuation for



57


the 2018 calendar year under this Act as if this Act had not been so amended.

36 Savings provision for objections—State Taxation Acts Further Amendment Act 2017

(1) This section applies if—

(a) an objection under section 16 has been made before the commencement of Part 9 of the State Taxation Acts Further Amendment Act 2017 to a general valuation or supplementary valuation returned before the commencement; and

(b) that objection was not finally determined before that commencement.

(2) Division 3 of Part III, as in force immediately before that commencement, continues to apply to that objection.

37 Savings provision for reviews—State Taxation Acts Further Amendment Act 2017


(a) an application under section 22 for review of a decision on an objection had been made before the commencement of Part 9 of the State Taxation Acts Further Amendment Act 2017; and

(b) the general valuation or supplementary valuation to which the application relates was returned before that commencement; and

(c) that application was not finally determined before that commencement.



58


(2) Division 4 of Part III, as in force immediately before that commencement, continues to apply to that application.

38 Savings provision for appeals to the Supreme Court—State Taxation Acts Further Amendment Act 2017


(a) an appeal under section 23 to the Supreme Court was on foot before the commencement of Part 9 of the State Taxation Acts Further Amendment Act 2017 in respect of a general valuation or supplementary valuation; and

(b) the general valuation or supplementary valuation to which the appeal relates was returned before that commencement; and

(c) that appeal was not finally determined before that commencement.

(2) Division 4 of Part III, as in force immediately before that commencement, continues to apply to that appeal.".

Division 2—Consequential amendments to other Acts

75 Co-operative Housing Societies Act 1958 (1) In section 3(1) of the Co-operative Housing

Societies Act 1958 insert the following definition—

"valuer means a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960.".



59


(2) In section 3(1) of the Co-operative Housing Societies Act 1958 the definition of valuator is repealed.

(3) In section 58 of the Co-operative Housing Societies Act 1958—

(a) in subsection (2), for "valuator" substitute "valuer";

(b) in subsection (3), for "valuator's" substitute "valuer's";

(c) in subsection (4), for "valuators" substitute "valuer's";

(d) in subsection (5)—

(i) for "valuator" (wherever occurring) substitute "valuer";

(ii) in paragraphs (b) and (c), for "valuator's" substitute "valuer's";

(e) in subsection (6), for "valuator" substitute "valuer".

76 Land Tax Act 2005—definition of general valuation In section 3(1) of the Land Tax Act 2005, for the definition of general valuation substitute—

"general valuation has the same meaning as in the Valuation of Land Act 1968;".

77 Land Tax Act 2005—repeal of section 21A Section 21A of the Land Tax Act 2005 is repealed.

78 Local Government Act 1989 After section 157(2) of the Local Government Act 1989 insert—

"(3) For the purposes of calculating the site value, net annual value or capital improved value of rateable land, a Council must use



60


the current valuations made in respect of the land under the Valuation of Land Act 1960 by a valuation authority.".

79 Water Act 1989 (1) In section 262(1)(a) of the Water Act 1989,

for "municipal valuation" substitute "general valuation".

(2) In section 262(2) of the Water Act 1989 insert the following definition—

"general valuation has the same meaning as in the Valuation of Land Act 1960;".

Part 10—Amendment of Victorian Civil and Administrative Tribunal Act 1998


61


Part 10—Amendment of Victorian Civil and Administrative Tribunal Act 1998

80 Amendment of Schedule 1—definition of taxing Act updated

In clause 2 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, for the definition of taxing Act substitute—

"taxing Act means—

(a) a taxation law (within the meaning of the Taxation Administration Act 1997);

(b) Back to Work Act 2015;

(c) Business Franchise (Petroleum Products) Act 1979;

(d) First Home Owner Grant Act 2000;

(e) Unclaimed Money Act 2008.".

Part 11—Repeal of amending Act


62


Part 11—Repeal of amending Act 81 Repeal of amending Act

This Act is repealed on 1 July 2019. Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═════════════

Endnotes


63


Endnotes 1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

† Minister's second reading speech—

Legislative Assembly: 1 November 2017

Legislative Council: 21 November 2017

The long title for the Bill for this Act was "A Bill for an Act to amend the Congestion Levy Act 2005, the Duties Act 2000, the Fire Services Property Levy Act 2012, the Land Tax Act 2005, the Payroll Tax Act 2007, the Taxation Administration Act 1997, the Unclaimed Money Act 2008, the Valuation of Land Act 1960, the Victorian Civil and Administrative Tribunal Act 1998 and certain other Acts as a consequence of the amendments made to the Valuation of Land Act 1960 and for other purposes."

http://www.legislation.vic.gov.au/

state taxation acts further amendment act 2017 statute law revision . 7 part 5—amendment of land...

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