2007

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

TREASURER

FIRST HOME OWNER GRANT AMENDMENT BILL 2007
SERIAL NO. 109

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill seeks to amend the First Home Owner Grant Act and makes consequential amendments to the First Home Owner Grant Regulations. These changes made by the Bill take effect from 1 January 2008.

The First Home Owner Grant Act is amended to align certain administrative provisions with the new Stamp Duty Act and the new Taxation Administration Act, as these Acts are all administered by the Commissioner of Territory Revenue (formerly the Commissioner of Taxes).

Some administrative provisions previously provided for by the First Home Owner Grant Act, such as investigations, confidentiality, objections and appeals, are now regulated by the Taxation Administration Act. Consequential amendments to the First Home Owner Grant Act are necessary to remove administrative provisions now contained in the Taxation Administration Act.

NOTES ON CLAUSES

Clause 1.	Short title

This is a formal clause that provides for the citation of this Act. When passed, this Act may be referred to as the First Home Owner Grant Amendment Act 2007.

Clause 2.	Commencement

This clause provides for the First Home Owner Grant Amendment Act 2007 to commence on 1 January 2008, the same date as the new Taxation Administration Act.

Clause 3.	Act amended

This clause provides that the First Home Owner Grant Amendment Act 2007 amends the First Home Owner Grant Act.

Clause 4.	Amendment of section 3 (Definitions) 

This clause substitutes a new definition of ‘Commissioner’ in section 3 of the First Home Owner Grant Act. This is a consequential amendment because the Taxation Administration Act replaces the position of the Commissioner of Taxes with the Commissioner of Territory Revenue.

Clause 5.	Repeal of Part 2, Division 6

This clause repeals Part 2, Division 6 (sections 24 to 28) of the First Home Owner Grant Act which previously set out (in part) the objection and appeal provisions. Objections and appeals in relation to the Commissioner’s decisions under the First Home Owner Grant Act are now regulated by Part 11 of the Taxation Administration Act.

Clause 6.	Amendment of section 30 (Delegation)

This clause substitutes section 30(1) of the First Home Owner Grant Act with a new section that provides the Commissioner with the authority to delegate any of the Commissioner’s powers or functions under the Act. The operation of the former provision has not been altered. This is merely a consequential amendment, as the former section referred to several provisions that are repealed by clause 8. The restriction on delegating powers to enter premises and to use force is now contained in the Taxation Administration Act.

Clause 7.	New note for Part 3, Division 1

This clause inserts a note after section 30 of the First Home Owner Grant Act to signpost that the Taxation Administration Act should be referred to for provisions relating to investigations, confidential information and objections and appeals.

Clause 8.	Repeal of Part 3, Division 2

This clause repeals Part 3, Division 2 (sections 31 to 40A) of the First Home Owner Grant Act, which previously set out the investigation provisions of ‘authorised investigators’. Part 9 of the Taxation Administration Act now sets out the general investigatory powers of ‘authorised officers’.

Clause 9.	Repeal of section 43

This clause repeals section 43 of the First Home Owner Grant Act, which previously dealt with confidential information obtained under the Act. In the same manner as the administration of investigation powers is now regulated by the Taxation Administration Act, the confidentiality of information obtained by tax officers is now regulated by Part 10 of the Taxation Administration Act. 

Clause 10.	Repeal and substitution of Part 5

This clause repeals Part 5 (Transitional Matters for Treasury Legislation and Consequential Amendment Act 2006) of the First Home Owner Grant Act and inserts a new Part 5 ((Transitional Matters). This part is comprised of a new section 51, which provides transitional matters in relation to objections and appeals under the First Home Owner Grant Act.

New section 51(1) provides that from 1 January 2008, objections (and any consequential appeals) are made under the Taxation Administration Act, whether the objection is lodged against a decision made before or after 1 January 2008.

New section 51(2) provides that objections lodged under the First Home Owner Grant Act before 1 January 2008 (and any subsequent appeals) are to be dealt with under the First Home Owner Grant Act as in force before 1 January 2008.

Clause 11.	Amendment of First Home Owner Grant Regulations

This clause provides a schedule that amends the First Home Owner Grant Regulations. These are consequential amendments arising from the introduction of the Taxation Administration Act. 

The Schedule:
·	Amends regulation 3(3) to update the legislative reference, as “farming purposes” is now defined in section 4(1) of the new Stamp Duty Act.
·	Removes regulation 5 as it duplicates provisions of the Taxation Administration Act (and is therefore unnecessary).