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Legislative Assembly for the ACT: 2008-2009 Week 1 Hansard (11 December) . . Page.. 283..


MS GALLAGHER (continuing):

The Revenue Legislation Amendment Bill 2008 was introduced into the Assembly on 3 July this year. However, as the government moved into the caretaker period and the Assembly adjourned, the bill was not debated and consequently lapsed. I now re-present the bill as the Revenue Legislation Amendment Bill 2008 (No 2).

The bill amends the Duties Act 1999 and the First Home Owner Grant Act 2000. This bill is a clarifying instrument, designed not to impose any new revenue measures, but rather to provide greater certainty to taxpayers. It makes explicit certain elements that have been inferred from current legislation, and also removes an inconsistency in relation to recovering the first home owner grant from a third party.

The bill contains two amendments. The first of these relates to duty on an application to register a motor vehicle under the Duties Act. If no duty was payable in another jurisdiction because the registration was exempt or not liable to duty and such a registration is dutiable in the ACT, duty is payable on the application for re-registration of the motor vehicle in the ACT. The amendment inserts an example to clarify this duty liability when transferring registration from another jurisdiction. The amendment also clarifies that if duty was paid in another jurisdiction, duty is not payable on re-registration in the ACT.

The second amendment contained in this bill relates to the First Home Owner Grant Act. The amendment allows the commissioner to require a third party to pay an amount owed by a grant recipient, where the third party is a debtor of the grant recipient. The amendment also provides objection rights for the third party if they are dissatisfied with the commissioner's request for them, instead of the grant recipient, to pay the recoverable amount. These provisions align the debt recovery provisions in the First Home Owner Grant Act with similar provisions in the Taxation Administration Act 1999. I commend the Revenue Legislation Amendment Bill (No 2) to the Assembly.

Debate (on motion by Mr Smyth) adjourned to the next sitting.

Crimes (Murder) Amendment Bill 2008

Mr Corbell, pursuant to notice, presented the bill, its explanatory statement, a Human Rights Act compatibility statement and a memorandum of compatibility.

Title read by Clerk.

MR CORBELL (Molonglo—Attorney-General, Minister for the Environment, Climate Change and Water, Minister for Energy and Minister for Police and Emergency Services) (10.43): I move:

That this bill be agreed to in principle.

The Crimes (Murder) Amendment Bill introduces an amendment to the Crimes Act 1900 so that there is a third fault, or mental element, for the offence of murder. I am pleased to be introducing this amendment today consistent with the commitments the Labor Party gave during the recent ACT election.


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