AUSTRALIAN CAPITAL TERRITORY TAX (SALES OF MARKETABLE SECURITIES) ACT 1969
- Reprinted as at 30 June 1981 (HISTACT CHAP 424 #DATE 30:06:1981)
*1* The Australian Capital Territory Tax (Sales of Marketable Securities) Act
1969 (a) as shown in this reprint comprises Act No. 46, 1969 as amended by
the
other Acts specified in the following table:
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Australian Capital
Territory Tax
(Sales of
Marketable
Securities) Act
1969 46, 1969 14 June 1969 1 July 1969 (see
Gazette 1969, p.
3692)
Australian Capital
Territory Tax
(Sales of
Marketable
Securities) Act
1972 92, 1972 18 Oct 1972 18 Oct 1972 S. 4
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1)
and 10
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.
AUSTRALIAN CAPITAL TERRITORY TAX (SALES OF MARKETABLE SECURITIES) ACT 1969 -
TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Incorporation
4. Imposition of tax
5. Rate of tax
6. Exemptions
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AUSTRALIAN CAPITAL TERRITORY TAX (SALES OF MARKETABLE SECURITIES) ACT 1969 -
LONG TITLE
SECT
An Act relating to the Imposition of Tax in respect of certain Sales of
Marketable Securities made through Brokers in the Australian Capital Territory
AUSTRALIAN CAPITAL TERRITORY TAX (SALES OF MARKETABLE SECURITIES) ACT 1969 -
SECT. 1.
Short title
SECT
1. This Act may be cited as the Australian Capital Territory Tax (Sales of
Marketable Securities) Act 1969.*1*
See notes to first article of this CHAPTER.
AUSTRALIAN CAPITAL TERRITORY TAX (SALES OF MARKETABLE SECURITIES) ACT 1969 -
SECT. 2.
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
See notes to first article of this CHAPTER.
AUSTRALIAN CAPITAL TERRITORY TAX (SALES OF MARKETABLE SECURITIES) ACT 1969 -
SECT. 3.
Incorporation
SECT
3. The Australian Capital Territory Taxation (Administration) Act 1969 is
incorporated and shall be read as one with this Act.
AUSTRALIAN CAPITAL TERRITORY TAX (SALES OF MARKETABLE SECURITIES) ACT 1969 -
SECT. 4.
Imposition of tax
SECT
4. Tax is imposed on each sale by a broker carrying on business in the
Territory of a marketable security listed for quotation in the official list
of an Australian Stock Exchange or of a prescribed stock exchange (whether
within or outside Australia), being-
(a) a sale made in the Territory after the commencement of this Act on his
own account or behalf; or
(b) a sale made after the commencement of this Act in accordance with an
order to sell given to him in the Territory by or on behalf of a person who is
not a broker or is not acting for or on behalf of a broker.
AUSTRALIAN CAPITAL TERRITORY TAX (SALES OF MARKETABLE SECURITIES) ACT 1969 -
SECT. 5.
Rate of tax
Amended by No. 92, 1972, s. 3
SECT
5. The rate of tax is-
(a) where the value of the consideration for the sale of the marketable
security is less than One hundred dollars-seven cents for every Twenty-five
dollars and for any fractional part of Twenty-five dollars of the value of
that consideration; and
(b) where the value of the consideration for the sale of the marketable
security is One hundred dollars or more-Thirty cents for every One hundred
dollars and for any fractional part of One hundred dollars of the value of
that consideration.
AUSTRALIAN CAPITAL TERRITORY TAX (SALES OF MARKETABLE SECURITIES) ACT 1969 -
SECT. 6.
Exemptions
Amended by No. 216, 1973, s. 3
SECT
6. Tax is not imposed on-
(a) the sale of a marketable security for a consideration in money or
money's worth of less than the unencumbered value of the marketable security;
(b) the sale of a marketable security issued by a municipal council or
other local governing body or by a public authority constituted under a law of
the Commonwealth or of a State or Territory;
(c) the sale of a marketable security by an authority of the Commonwealth
or of a Territory prescribed for the purposes of this paragraph;
(d) the sale of a marketable security by, or by trustees upon trust for, a
public hospital, public benevolent institution, religious institution or
public educational institution;
(e) the sale of a marketable security made by a broker on his own account
or behalf, being a sale of a marketable security that had previously been
purchased by him on the date of the sale or within two clear days (not
including a date on which the Australian Stock Exchange of which he is a
member is closed) before the day of the sale; or
(f) the sale of a marketable security by-
(i) a member of a diplomatic mission in Australia of the government of
another country that does not impose stamp duty or any similar tax on
transfers of marketable securities or grants in relation to Australia an
exemption from any such stamp duty or similar tax corresponding to this
exemption; or
(ii) a member of his family forming part of his household,
being a person who is not an Australian citizen and is not ordinarily
resident in Australia.
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