Regulation-making power

In force

The Executive may make regulations for this Act.

Dictionary (see s 3)

Note 1

The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2

For example, the Legislation Act, dict, pt 1 defines the following terms:

 ACAT

 Australia

 commissioner for revenue

 corporation

 domestic partnership (see s 169 (2))

 external territory

 financial year

 function

 interest

 month

 person (see s 160)

 quarter

 territory law

 under.

associated person—see the Duties Act 1999, section 77A.

Australian citizen, for part 2A (Foreign ownership surcharge)—see section 17A.

commissioner means the commissioner for revenue.

foreign corporation, for part 2A (Foreign ownership surcharge)—see section 17B.

foreign individual, for part 2A (Foreign ownership surcharge)—see section 17A.

foreign ownership surcharge includes—

(a)

penalty tax; and

(b)

the total of—

(i)

the costs and expenses reasonably incurred by the Territory in attempting to recover the foreign ownership surcharge; and

(ii)

interest payable in relation to the foreign ownership surcharge.

foreign person, for part 2A (Foreign ownership surcharge)—see section 17A.

foreign trust, for part 2A (Foreign ownership surcharge)—see section 17C.

land sublease—see the Planning Act 2023, dictionary.

land tax—

(a)

for this Act generally, includes—

(i)

penalty tax; and

(ii)

the total of—

(A)

the costs and expenses reasonably incurred by the Territory in attempting to recover the land tax; and

(B)

interest payable in relation to the land tax; and

(b)

for part 3 (Enforcement)—see section 18A; and

(c)

for part 5 (Exemptions, remissions and certain interest payments)—see section 33.

lease means a lease from the Commonwealth or the Territory, and includes an agreement with the Commonwealth or the Territory—

(a)

for a lease of a parcel of land; or

(b)

for the tenancy or occupation of a parcel of land.

owner, of a parcel of land means—

(a)

the registered proprietor of an interest in the parcel (other than an interest in a lease granted by a person other than the Territory or the Commonwealth); or

(b)

if the registered proprietor has sold the interest to another person (the new owner) and the new owner is in possession of the parcel but not yet registered as the proprietor—the new owner; or

(c)

a mortgagee in possession of the parcel; or

(d)

a person holding the parcel under a sublease from the Territory, if the Territory holds the parcel under a lease from the Commonwealth; or

(e)

for a parcel held under a land sublease—the sublessee.

owners corporation—see the Unit Titles (Management) Act 2011, dictionary.

parcel includes a part of a parcel of land that is separately held by an occupier, tenant, lessee or owner.

permanent resident, for part 2A (Foreign ownership surcharge)—see section 17A.

personal representative, in relation to a deceased person, means—

(a)

an executor of the deceased person’s will; or

(b)

an administrator of the deceased person’s estate.

primary production means—

(a)

production resulting directly from—

(i)

cultivation of land; or

(ii)

keeping animals for their sale, bodily produce or natural increase; or

(iii)

fishing operations; or

(iv)

forest operations; and

(b)

the manufacture of dairy produce by the person who produced the raw material used in that manufacture.

rateable land—see the Rates Act 2004, section 8.

rates—see the Rates Act 2004, dictionary.

rent, for part 2 (Imposition and payment of land tax)—see section 7.

rented, for part 2 (Imposition and payment of land tax)—see section 8.

residential land means—

(a)

rateable land leased for residential purposes only; or

(b)

rateable land leased for residential purposes and other purposes but used for residential purposes only; or

(c)

a parcel of rateable land included in the common property of a community title scheme under the Community Title Act 2001, if—

(i)

at least 1 parcel of land in the scheme is residential land under paragraph (a) or (b); and

(ii)

no parcel of land in the scheme is leased for a commercial purpose.

Taxation Administration Act means the Taxation Administration Act 1999.

tenancy agreement, for part 2 (Imposition and payment of land tax)—see section 7.

tenant, for part 2 (Imposition and payment of land tax)—see section 7.

trustee, for part 2 (Imposition and payment of land tax)—see section 7.

unit means a unit under the Unit Titles Act, section 9.

unit owner means—

(a)

the registered proprietor of the lease of a unit; or

(b)

if the registered proprietor has sold the interest to another person (the new owner) and the new owner is in possession of the unit but not yet registered as the proprietor—the new owner.

unit subdivision—see the Rates Act 2004, dictionary.

Unit Titles Act means the Unit Titles Act 2001.

This Act’s bill:Explanatory statement Second reading speech

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44 Regulation-making power