TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978
- Reprinted as at 31 August 1984 (HISTACT CHAP 831 #DATE 31:08:1984)
*1* The Territory Authorities (Financial Provisions) Act 1978 as shown in this
reprint comprises Act No. 6, 1978 amended as indicated in the Tables below.
Table of Acts
-----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement
provisions
-----------------------------------------------------------------------------
Territory
Authorities
(Financial
Provisions) Act
1978 6, 1978 28 Mar
1978 28 Mar 1978
Statute Law
(Miscellaneous
Amendments) Act
(No. 2) 1982 80, 1982 22 Sept
1982 Part LXXIV (ss.
268 and 269): 1
July 1982(a) -
-----------------------------------------------------------------------------
(a) The Territory Authorities (Financial Provisions) Act 1978 was amended
by Part LXXIV (sections 268 and 269) only of the Statute Law (Miscellaneous
Amendments) Act (No. 2) 1982, sub-section 2 (8) of which provides that Part
LXXIV shall be deemed to have come into operation on 1 July 1982.
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
-----------------------------------------------------------------------------
Provision affected How affected
-----------------------------------------------------------------------------
Schedule . . . . . . am. No. 80, 1982
------------------------------------------------------------------------------
--
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Repeal
4. Interpretation
5. Extension of Act to Territories
6. Payment of moneys appropriated for the purposes of certain
authorities
7. Borrowing by certain authorities
8. Exemption from taxation of certain authorities
9. Liability to taxation of certain authorities
10. Regulations
SCHEDULE
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - LONG TITLE
SECT
An Act relating to moneys appropriated for the purposes of certain authorities
of the Territories, the borrowing of moneys by such authorities and the
liability of such authorities to taxation
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - SECT 1
Short title
SECT
1. This Act may be cited as the Territory Authorities (Financial Provisions)
Act 1978.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - SECT 3
Repeal
SECT
3. The Territory Authorities (Financial Provisions) Act 1973 is repealed.
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - SECT 4
Interpretation
SECT
4. (1) In this Act, unless the contrary intention appears, "authority" means
a body corporate established for a public purpose by or under a law of a
Territory.
(2) A reference in a section of this Act to an authority to which that
section applies shall be read as a reference to an authority declared by the
regulations to be an authority to which that section applies.
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - SECT 5
Extension of Act to Territories
SECT
5. This Act extends to every external Territory.
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - SECT 6
Payment of moneys appropriated for the purposes of certain authorities
SECT
6. (1) Moneys appropriated by the Parliament for the purposes of an
authority to which this section applies (not being moneys appropriated for the
purpose of being lent to the authority) are, subject to sub-section (2),
payable to the authority.
(2) The Minister of State for Finance may give directions as to the amounts
in which, and the times at which, the moneys are to be paid to the authority.
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - SECT 7
Borrowing by certain authorities
SECT
7. (1) The Minister of State for Finance may, on behalf of the Commonwealth,
out of moneys appropriated by the Parliament for the purpose, lend to an
authority to which this section applies, at such rate of interest and on such
other terms and conditions as he determines, moneys that the authority may
lawfully borrow.
(2) The Treasurer may, on behalf of the Commonwealth, guarantee the
repayment by an authority to which this section applies of amounts lawfully
borrowed by the authority, other than moneys lent under this section, and the
payment of interest on amounts so borrowed.
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - SECT 8
Exemption from taxation of certain authorities
SECT
8. (1) Subject to sub-section (2), the authorities set out in Part I of the
Schedule are not subject to taxation under any law of the Commonwealth or of a
State.
(2) The regulations may provide that sub-section (1) does not apply to a
specified authority in relation to a specified law.
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - SECT 9
Liability to taxation of certain authorities
SECT
9. (1) The authorities set out in Part II of the Schedule are subject to
taxation under the laws of the Commonwealth.
(2) Subject to sub-section (3), the authorities referred to in sub-section
(1) are not subject to taxation under any law of a State.
(3) The regulations may provide that sub-section (2) does not apply to a
specified authority in relation to a specified law.
(4) The Canberra Commercial Development Authority is not a public authority
for the purposes of paragraph 23 (d) of the Income Tax Assessment Act 1936 or
paragraph (ii) of item 78 of the First Schedule to the Sales Tax (Exemptions
and Classifications) Act 1935.
(5) The Income Tax Assessment Act 1936 shall be deemed to have applied in
relation to the Canberra Commercial Development Authority at all times since
the establishment of that authority as if that authority had not been a public
authority for the purposes of paragraph 23 (d) of that Act.
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - SECT 10
Regulations
SECT
10. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978 - SCHEDULE
SCH
SCHEDULE
Sections 8 and
9
PART I-AUTHORITIES EXEMPT FROM TAXATION
Australian Capital Territory Schools Authority
Capital Territory Health Commission
Darwin Community College
Legal Aid Commission (A.C.T.)
PART II-AUTHORITIES LIABLE TO TAXATION
Canberra Commercial Development Authority
National Exhibition Centre Trust
Poker Machine Licensing Board of the Capital Territory
------------------------------------------------------------------------------
--