Page 2827 - Week 07 - Thursday, 7 June 2012
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
In New South Wales the Duties Act refers to a person being “entitled to” distributed property. In Victoria, however, the Duties Act refers to a person who “holds or is entitled to” distributed property. And in the ACT, the Duties Act, before and after this bill is considered, refers to a person being “entitled to” distributed property. That is, the ACT and New South Wales acts will have equivalent provisions.
The addition of “holds” in the Victorian act changes the intention of their legislation, as the courts, in interpreting legislation, must have regard to all the relevant words in that legislation, and the phrase “holds or is entitled to” is interpreted differently from “is entitled to”.
I raised this concern in our briefing to make sure that the ACT was not disadvantaged particularly with respect to the position applying in New South Wales. The good news is that the ACT and New South Wales have virtually identical provisions.
The good news for investors in the ACT and elsewhere is that, by approving the amendments in this bill, we will be removing some provisions which fall into the category of “nuisance provisions”. With those comments, the opposition will be supporting the bill.
MS LE COUTEUR (Molonglo) (12.12): The Greens support the bill. It is a sensible change to remove liability for duty on goods associated with the sale of a business sublease.
MR BARR (Molonglo—Deputy Chief Minister, Treasurer, Minister for Economic Development and Minister for Tourism, Sport and Recreation) (12.12), in reply: I thank both the opposition and the Greens for their support. I flag that in the detail stage I will move a minor technical amendment to the bill, but I will get to that then. Otherwise, I thank members for their support of this important piece of legislation.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Bill, by leave, taken as a whole.
MR BARR (Molonglo—Deputy Chief Minister, Treasurer, Minister for Economic Development and Minister for Tourism, Sport and Recreation) (12.13): Pursuant to standing order 182A(b), I seek leave to move an amendment to a clause that is minor and technical in nature.
Leave granted.
MR BARR: I move amendment No 1 circulated in my name [see schedule 1 at page 2919]. I table a supplementary explanatory statement.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video