Commonwealth Consolidated Acts

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CSL SALE ACT 1993 - SECT 47

Exemption from State and Territory taxes and fees

  (1)   No tax is payable under a law of a State or a Territory in respect of:

  (a)   an exempt matter; or

  (b)   anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.

  (2)   An authorised person may in writing certify that:

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

  (b)   a specified thing was done (including a transaction entered into, or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter.

  (3)   A certificate under subsection   ( 2) is, in all courts and for all purposes, evidence of the matter stated in the certificate.

  (4)   In this section:

"authorised person" means:

  (a)   the Minister; or

  (b)   the Secretary of the Department; or

  (c)   an SES employee, or acting SES employee, in the Department, authorised by the Secretary, in writing, for the purposes of this section.

"exempt matter" means:

  (a)   the transfer of property (whether real or personal) by the Commonwealth to a CSL body on or before the sale day; or

  (b)   the issue or allotment of shares by a CSL body to the Commonwealth or another person on or before the sale day; or

  (c)   an agreement between the Commonwealth and another person relating to the sale, issue or allotment of shares in a CSL body; or

  (d)   the transfer of shares in a CSL body by the Commonwealth or a nominee of the Commonwealth to another person; or

  (e)   the receipt of money (whether before, on or after the sale day) by the Commonwealth, a CSL body or another person acting on behalf of the Commonwealth or a CSL body from persons who are, on or before the sale day, buying or subscribing for shares in CSL; or

  (f)   the operation of this Act.

"tax" means:

  (a)   stamp duty or any other tax; and

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

but does not include a tax or a fee (other than a fee payable under the Corporations Law) specified in a notice signed by the Minister and published in the Gazette .



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