Land Tax Management Act 1956 (NSW)

Land Tax Management Act 1956 No 26

An Act to make provision relating to the imposition, assessment and collection of a land tax upon unimproved values of certain lands; to repeal the Land and Income Tax Assessment Act of 1895 and certain other Acts; to amend the Landlord and Tenant (Amendment) Act 1948, as amended; and for purposes connected therewith.

Part 1 Preliminary

1 Name of Act (1) This Act may be cited as the Land Tax Management Act 1956. (2) (Repealed)

2 Construction This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the State to the intent that where any provision of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected.

3 Definitions (1) In this Act, unless the context or subject-matter otherwise indicates or requires— Act includes regulations. Agent includes every person who in the State, for or on behalf of any person out of the State (in this definition termed "the principal") has the control or disposal of any land belonging to the principal, or the control, receipt, or disposal of any rents, issues, or proceeds derived from any such land. assessment means an assessment or reassessment by the Chief Commissioner under Part 3 of the Taxation Administration Act 1996. asset, of a sub-fund of a CCIV, has the same meaning as in the Corporations Act 2001 of the Commonwealth, section 1233H. CCIV means a corporate collective investment vehicle within the meaning of the Corporations Act 2001 of the Commonwealth. Chief Commissioner means the Chief Commissioner of State Revenue referred to in section 60 of the Taxation Administration Act 1996. Company includes all bodies or associations corporate or unincorporate. concessional trust has the meaning given by section 3B. Crown includes a statutory body representing the Crown. flat means a room or a suite of rooms (whether or not forming part of a building or a detached building)— (a) used or occupied as a separate dwelling, or (b) so constructed, designed or adapted as to be capable of being used or occupied as a separate dwelling. joint organisation has the same meaning as in the Local Government Act 1993. Joint owners means persons who own land jointly or in common, whether as partners or otherwise, and includes persons who have a life or greater interest in shares of the income from the land and persons who by virtue of this Act are deemed to be joint owners. lease includes an agreement to lease. liabilities, in relation to a sub-fund of a CCIV, has the same meaning as in the Corporations Act 2001 of the Commonwealth, section 1233L. member, in relation to a sub-fund of a CCIV, has the same meaning as in the Corporations Act 2001 of the Commonwealth, section 1222Q(3). Mortgage includes any charge whatever upon land, or interest therein, howsoever created, for the securing of money. Mortgagee includes every person entitled at law or in equity to a mortgage or any part thereof. Owned and similar expressions have a meaning corresponding with that of owner. Owner includes— (a) in relation to land, every person who jointly or severally, whether at law or in equity— (i) is entitled to the land for any estate of freehold in possession, or (ii) is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise, (b) (Repealed) (c) in relation to any leasehold estate in land, whether legal or equitable (other than under any lease to which section 21C or 21D applies), a person, or a person who is a member of a class or description of persons, prescribed for the purposes of this paragraph, and (d) a person who, by virtue of this Act, is deemed to be the owner. Person includes a company. Planning instrument means an environmental planning instrument, within the meaning of the Environmental Planning and Assessment Act 1979, and includes a deemed environmental planning instrument within the meaning of that Act. Prescribed means prescribed by this Act or by the regulations thereunder. principal place of residence of a person means the one place of residence that is, among the one or more places of residence of the person within and outside Australia, the principal place of residence of the person. Public authority means a person or body declared by the regulations to be a public authority for the purposes of this Act. record means— (a) a documentary record, or (b) a record made by an electronic, electromagnetic, photographic or optical process, or (c) any other kind of record. referable, in relation to a sub-fund and a share in a CCIV, has the same meaning as in the Corporations Act 2001 of the Commonwealth, section 1230(1). Register means the Register of Land Values kept under section 14CC of the Valuation of Land Act 1916. Regulations means regulations made under this Act. Residential unit means a flat that— (a) forms part of a building comprising two or more flats, and (b) is used and occupied as a principal place of residence, and for no other purpose, by a person who is a joint owner (otherwise than as a trustee) of the parcel of land on which the building is erected and who has entered into an arrangement with the other joint owners of that land under which the person has the exclusive right to occupy that flat (whether jointly with one or more of the co-owners or not). special trust has the meaning given by section 3A. sub-fund, of a CCIV, has the same meaning as in the Corporations Act 2001 of the Commonwealth, section 1222Q(1). Tax year or Land tax year means a period of 12 months starting on 1 January for which land tax is leviable and payable. Taxpayer means any person chargeable with land tax. Trustee, in addition to every person appointed or constituted trustee by act of parties by order or declaration of a court or by operation of law, includes— (a) an executor or administrator, guardian, committee, receiver, or liquidator, and (b) every person having or taking upon himself or herself the administration or control of land affected by any express or implied trust, or acting in any fiduciary capacity, or having the possession, control or management of the land of a person under any legal or other disability. Trustee company means a trustee company within the meaning of the Trustee Companies Act 1964 or the NSW Trustee and Guardian. unit trust means a trust in respect of which the beneficiaries of the trust are owners of units in the trust and each unit holder, or each unit holder of a particular class— (a) is entitled, as a beneficiary of the trust, to participate in any income or capital distributions (or both) of the trust, and (b) the amount or proportion of any income or capital distribution to which the unit holder is entitled is based on the number or class of units owned by the person (or both).