Minutes of Proceedings - 2002-09-19
1. MEETING:
2. PRAYERS.
3. PETITION:
4. LEAVE OF ABSENCE:
6. STATEMENT:
7. APPROPRIATION BILL 2002/2003 (Serial 89):
Stamp Duty Amendment Bill (No. 2) 2002 (Serial 91), with an amendment;
Debits Tax Amendment Bill 2002 (Serial 92), without amendment;
Mineral Royalty Amendment Bill 2002 (Serial 93), without amendment; and
Pay-roll Tax Amendment Bill (No. 2) 2002 (Serial 94), without amendment.
11. NEXT MEETING:
12. ADJOURNMENT:
- The Assembly met at 7.15pm , pursuant to resolution of the Assembly dated 17 September 2002. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. PETITION:
- The Member for Goyder (Mr Maley) presented a petition from 2065 petitioners requesting a 24 hour medical assessment service be reinstated and a 24 hour chemist facility be established for the Palmerston and rural area. (Paper 601)
Petition read.
4. LEAVE OF ABSENCE:
- The Leader of Government Business (Mr Stirling) moved – That leave of absence be granted to the Member for Arafura (Ms Scrymgour) for this day on account of ill health.
Question – put and passed.
- The Deputy Leader of the Opposition (Mr Reed) moved – That leave of absence be granted to the Member for Blain (Mr Burke) on account of business interstate.
Question – put and passed.
6. STATEMENT:
- The Speaker advised Members that, pursuant to the resolutions of the Assembly dated 20 August 2002 and 17 September 2002 the Committee of the Whole will now consider the Report of the Estimates Committee and the Appropriation Bill 2002/2003.
7. APPROPRIATION BILL 2002/2003 (Serial 89):
- The Order of the Day having been read, in conjunction with the resolutions of the Assembly dated 20 September 2002 and 17 September 2002, for the consideration of the Report of the Estimates Committee –
Paper tabled: The Chairman of the Estimates Committee (Dr Burns), pursuant to resolution, laid on the Table the Report of the Estimates Committee on its consideration of the estimates of proposed expenditure contained in the Schedule to the Appropriation Bill 2002/2003 together with answers to questions on notice and additional information provided to date to the Committee (Paper 600).
Statement – additional information: Dr Burns, by leave, advised the Assembly that further additional information and answers to questions taken on notice by Ministers during the Estimates Committee hearings would be Tabled on 8 October 2002 and that the edited Hansard report of the Committee’s proceedings would contain written questions and answers.
At 7.30pm the Assembly, pursuant to resolution, proceeded to the question –
That the proposed expenditure be agreed to and that the resolution or expressions of opinion as agreed to by the Committee in relation to the proposed expenditure or outputs be noted.
Debate ensued.
Question – put and passed.
Question – That the remainder of the Bill be agreed to – put and passed.
Question – That the Bill be reported without amendment - put and passed.
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The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Wood) reported that the Committee had considered the Bill and Report of the Estimates Committee and agreed to the Bill without amendment.On the motion of the Chief Minister (Ms Martin) the Bill was read a third time and passed to be a proposed law.
- Suspension of Standing Orders: The Chief Minister (Ms Martin), pursuant to notice, moved – That so much of Standing Orders be suspended as would prevent Bills entitled, Taxation (Administration) Amendment Bill 2002 (Serial 90), Stamp Duty Amendment Bill (No. 2) 2002 (Serial 91), Debits Tax Amendment Bill 2002 (Serial 92), Mineral Royalty Amendment Bill 2002 (Serial 93), and Pay-roll Tax Amendment Bill (No. 2) 2002 (Serial 94), passing through all stages at this sittings.
Question – put an passed.
The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time –
Debate resumed.
Question - put and passed.
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
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(In Committee – Chairman Mr Wood)
(In Committee – Chairman Mr Wood)
Taxation (Administration) Amendment Bill 2002 (Serial 90):
Bill, by leave, taken as a whole.
Leave granted to take amendments together.
On the motion of the Chief Minister (Ms Martin) the following amendments were taken together and agreed to.
Clause 11 -
Insert at the end of proposed section 18 –
“(2) For the purposes of this Division, a corporation has voting control over another corporation when it is in a position to cast, or control the casting of, 90% or more of the maximum votes that can be cast at a general meeting of the other corporation other than under a debenture or trust deed securing the issue of a debenture.”.
Omit from proposed section 20(2)(c)(ii)(B) – “disposition to a person” and Substitute “disposition by a person”.
Insert after proposed section 21(a) –
“(aa) the conveyor and conveyee or the transferor and transferee –
- (i) were group corporations in the same corporate group before the property came into the ownership of the conveyor or transferor or another group corporation in the same corporate group by way of a transaction for which duty, or an equivalent duty under a law of a State or another Territory of the Commonwealth that corresponds with this Act, has been paid; and
(ii) have been group corporations in the same corporate group at all times since the property has been continuously owned by the conveyor or transferor or the other group corporation;”.
Omit from proposed section 21(e)(ii), “parent corporation's registration” and insert in their stead “subsidiary's registration”.
Omit from proposed section 23(1)(a), “section 19, 20 or 22” and insert in their stead “section 20 or 22”.
Omit from proposed section 23(1)(b)(i), the whole subsubparagraph and insert in their stead “(i) the conveyor or conveyee, or the transferor or transferee, ceases to be in the same corporate group; or”.
Omit from proposed section 23(1)(b)(ii), “section 19 or 20” and insert in their stead “section 20”.
Omit from proposed section 23(1), “section 19, 20 or 22 had never applied” and insert in their stead “section 20 or 22 had never applied”.
Omit from proposed section 23(2)(b), “section 26 that the exemption from duty under section 19, 20 or 22” and insert in their stead “section 25 that the exemption from duty under section 20 or 22”.
Omit from proposed section 23(4)(a), “(but only if not a tax avoidance scheme or part of a tax avoidance scheme)” and insert in their stead “(other than under an arrangement, a significant purpose of which is to avoid the requirement that the conveyor or conveyee, or the transferor or transferee, belong to the same corporate group for the 3 year period referred to in section 23(1)(b))”
Bill, as amended, agreed to.
Bill to be reported with amendments.
Stamp Duty Amendment Bill (No. 2) 2002 (Serial 91):
Bill, by leave, taken as a whole and agreed to.
On the motion of the Chief Minister (Ms Martin) the following amendment was agreed to –
Clause 4 – Omit from proposed section 8c(3), “first home owner concession” and insert in their stead “principal place of residence rebate”.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
Debits Tax Amendment Bill 2002 (Serial 92):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Mineral Royalty Amendment Bill 2002 (Serial 93):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Pay-roll Tax Amendment Bill (No. 2) 2002 (Serial 94):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Wood) reported that the Committee had considered the Bills and agreed to the – Stamp Duty Amendment Bill (No. 2) 2002 (Serial 91), with an amendment;
Debits Tax Amendment Bill 2002 (Serial 92), without amendment;
Mineral Royalty Amendment Bill 2002 (Serial 93), without amendment; and
Pay-roll Tax Amendment Bill (No. 2) 2002 (Serial 94), without amendment.
On the motion of the Chief Minister (Ms Martin) the Bills were read a third time and passed to be proposed laws.
- Suspension of Standing Orders: The Chief Minister (Ms Martin), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent a Bill entitled Financial Management Amendment Bill 2002 (Serial 88), passing through all stages at this sittings.
Question – put and passed.
The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
Debate resumed.
Question –put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Chief Minister (Ms Martin) the Bill was read a third time and passed to be a proposed law.
- Suspension of Standing Orders: The Minister for Racing, Gaming and Licensing (Mr Stirling) moved - That so much of Standing Orders be suspended as would prevent Bills entitled Gaming Control Amendment Bill 2002 (Serial 82) and Gaming Machine Amendment Bill 2002 (Serial 83), passing through all stages at this sitting.
The Order of the Day having been read for resumption of debate on the question – That the Bills be now read a second time -
Debate resumed.
Question – put and passed.
Bills read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Minister for Racing, Gaming and Licensing (Mr Stirling) the Bills were read a third time and passed to be proposed laws.
11. NEXT MEETING:
- The Leader of Government Business (Mr Stirling) moved – That the Assembly at its rising adjourn until Tuesday 8 October 2002 at 10am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
12. ADJOURNMENT:
- The Chief Minister (Mr Stirling) moved – That the Assembly do now adjourn.
Question – put and passed.
And the Assembly adjourned at 10.56pm until Tuesday 8 October 2002 at 10am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
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- ATTENDANCE:
All Members attended the sittings except Ms Scrymgour and Mr Burke, on leave.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016