Federal Register of Legislation - Australian Government

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Act No. 6 of 1978 as amended, taking into account amendments up to Act No. 80 of 1982
Registered 07 Dec 2009
Start Date 01 Jul 1982
End Date 10 May 1989
Date of repeal 22 Sep 2012
Repealed by Statute Law Revision Act 2012

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
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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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) -
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(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repealed rs. = repealed and substituted
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Provision affected How affected
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Schedule . . . . . . am. No. 80, 1982
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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
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