Commonwealth Numbered Acts

COMMONWEALTH BANK SALE ACT 1995 No. 161 of 1995 - SECT 20

20.(1) No tax is payable under a law of a State or Territory in respect of an
exempt matter or anything connected with an exempt matter.

(2) An authorised person may, by signed writing, certify that:

   (a)  a specified matter or thing is an exempt matter; or

   (b)  a specified thing was done in connection with a specified exempt
        matter.

(3) For all purposes and in all proceedings, a certificate under subsection
(2) is evidence of the matter stated in the certificate.

(4) A document that appears to be a certificate under subsection (2) is taken
to be such a certificate and to have been properly given unless the contrary
is established.

(5) In this section:
authorised person means:

   (a)  the Minister; or

   (b)  the Secretary to the Department; or

   (c)  a person who:

        (i)    holds, or performs the duties of, a Senior Executive Service
               office in the Department; and

        (ii)   is authorised in writing by the Secretary to the Department for
               the purposes of this section.
exempt matter means any of the following:

   (a)  the sale by the Commonwealth of any of its shares in the Commonwealth
        Bank (other than a sale of those shares to the Commonwealth Bank);

   (b)  an agreement relating to a sale that is covered by paragraph (a);

   (c)  the transfer of any of the Commonwealth's shares in the Commonwealth
        Bank to a person other than the Commonwealth Bank;

   (d)  the receipt of money by the Commonwealth in respect of a sale that is
        covered by paragraph (a).
tax means stamp duty, or any other tax, fee, duty, levy or charge, but does
not include:

   (a)  a fee payable under the Corporations Law of a State or Territory; or

   (b)  a tax, fee, duty, levy or charge specified in a notice signed by the
        Minister and published in the Gazette.