Page 3221 - Week 09 - Tuesday, 18 August 2009
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has taken up residence has to apply to the commissioner for an extension/exemption from the residency requirement and, in the case where there are joint applicants, introduce an automatic exemption for one applicant where the other meets the residency requirement.
The Taxation Administration Act 1999 will be amended to introduce a five-year time limit in which a taxpayer may apply to the commissioner for a refund of tax overpaid. The Payroll Tax Amendment Bill will make changes to the Payroll Tax Act specifically to where an employer pays wages to an employee who works in more than one jurisdiction in a month, such as the airline industry.
The amendments will seek, from 1 July 2009, to enforce that payroll tax is to be paid to the jurisdiction where the worker resides. In cases where the worker does not reside in Australia, tax is to be paid in the jurisdiction where the registered Australian Business Number address of the employer is located.
Other proposed changes to financial legislation involve the Duties Act 1999 and reform of both the Road Transport (Third-Party Insurance) Act and the Unlawful Games Act. The Duties Act will be amended to:
• provide consistency to agreements or transfers of dutiable property that are cancelled or terminated with provisions that allow for agreements to be rescinded;
• insert new provisions that allow de facto relationships to be recognised agreements in line with changes made to the Family Law Act;
• repeal redundant sections that relate to the duty liability of territory entities, as these sections are under the Taxation (Government Business Enterprises) Act; and
• amend the provisions that relate to an application to register a motor vehicle to reflect the current terminology used by motor registry and ensure the correct vehicle types are captured under the correct duty rate.
Reform of compulsive third party insurance in the ACT will be continued with changes aimed at ensuring the effectiveness of the new scheme. The Road Transport (Third-Party Insurance) Amendment Bill (No 2) will provide opportunities for people injured in a motor vehicle accident to receive targeted and effective compensation and enhance their rights to such effective treatment and return to health strategies.
Change is required to the Unlawful Games Act, which has become outdated and no longer properly achieves the desired regulatory outcomes. A few associated statutes, the Games, Wages and Betting Houses Act and the Gaming and Betting Act will be combined with the Unlawful Games Act and completely redrafted following an extensive public consultation process.
The ACT planning system and associated legislation is to be enhanced with two amendments proposed to the Planning and Development Act. Over 12 months experience in the operation of the new act has highlighted a number of areas where further efficiencies can be made. Two new amendment bills will consolidate and extend the efficiency of the act. These will also improve the ability of the ACT’s
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