Commonwealth Consolidated Acts

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COMMONWEALTH BANK SALE ACT 1995 - SECT 20

Exemption from certain State and Territory taxes

  (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 of the Department; or

  (c)   a person who:

  (i)   is an SES employee, or acting SES employee, in the Department; and

  (ii)   is authorised in writing by the Secretary of 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 .



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