Australian Capital Territory Numbered Acts

LAND TAX ACT 2004 (NO. 4 OF 2004) - NOTES

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     AAT

              •     calendar month

              •     commissioner for revenue

              •     corporation

              •     financial year

              •     function

              •     interest

              •     person

              •     quarter

              •     under.

"assessment notice", in relation to land tax, means a notice of assessment under the Taxation Administration Act, section 14 in relation to the land tax.

"commissioner "means the commissioner for revenue.

"land tax" includes—

        (a)     penalty tax; and

        (b)     the total of—

              (i)     the costs and expenses reasonably incurred by the Territory in attempting to recover the land tax; and

              (ii)     interest payable in relation to the land tax.

"lease" means a lease from the Commonwealth or the Territory, and includes an agreement with the Commonwealth or the Territory—

        (a)     for a lease of a parcel of land; or

        (b)     for the tenancy or occupation of a parcel of land.

"owner", of a parcel of land means—

        (a)     the registered proprietor of an interest in the parcel (other than an interest in a lease granted by a person other than the Territory or the Commonwealth); or

        (b)     a mortgagee in possession of the parcel; or

        (c)     a person holding the parcel under a sublease from the Territory, if the Territory holds the parcel under a lease from the Commonwealth.

"owners corporation"—see the Unit Titles Act, dictionary.

"parcel" includes a part of a parcel of land that is separately held by an occupier, tenant, lessee or owner.

"primary production" means—

        (a)     production resulting directly from—

              (i)     cultivation of land; or

              (ii)     keeping animals for their sale, bodily produce or natural increase; or

              (iii)     fishing operations; or

              (iv)     forest operations; and

        (b)     the manufacture of dairy produce by the person who produced the raw material used in that manufacture.

"qualifying parcel of land", for division 4.2 (Certain proposed unit subdivisions)—see section 28.

"rateable land"—see the Rates Act 2004, section 8.

"rates"—see the Rates Act 2004, dictionary.

"rent", for part 2 (Imposition and payment of land tax)—see section 7.

"rented", for part 2 (Imposition and payment of land tax)—see section 8.

"residential land" means rateable land—

        (a)     leased for residential purposes only; or

        (b)     leased for residential purposes and other purposes but used for residential purposes only.

"rural land" means rateable land—

        (a)     leased for the purpose of primary production only; or

        (b)     leased for the purpose of primary production and other purposes but used mainly for primary production.

"Taxation Administration Act" means the Taxation Administration Act 1999.

"tenancy agreement", for part 2 (Imposition and payment of land tax)—see section 7.

"tenant", for part 2 (Imposition and payment of land tax)—see section 7.

"trustee", for part 2 (Imposition and payment of land tax)—see section 7.

"unit" means a unit under the Unit Titles Act, section 9.

"unit owner"—see the Unit Titles Act, dictionary.

"unit subdivision"—see the Rates Act 2004, dictionary.

"Unit Titles Act" means the Unit Titles Act 2001.

I certify that the above is a true copy of the Land Tax Bill 2004, which originated in the Assembly as the Land Tax Bill 2003 and was passed by the Legislative Assembly on 12 February 2004.

Clerk of the Legislative Assembly

© Australian Capital Territory 2004

Australian Capital Territory

Australian Capital Territory

Land Tax Act 2004

A2004-4