Australian Capital Territory

Duties (Insurance Exemptions) Amendment Act 2002
Act 2002 No 20

An Act to amend the Duties Act 1999 

    
    
Notified under the Legislation Act 2001 on 13 June 2002
(see www.legislation.act.gov.au)

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Duties (Insurance Exemptions) Amendment Act 2002.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act 2001, s 75).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act 2001, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act 2001, s 79).
3	Act amended
This Act amends the Duties Act 1999.
4	Definitions for ch 8
Section 175, definition of general insurance
omit
part 8.6
substitute
section 201
5	Section 201 heading
substitute
201	Insurance exempt from duty generally
6	New section 201A, part 8.6
insert
201A	Insurance exempt from duty in certain circumstances
	(1)	The Minister may, in writing, determine guidelines for exempting from duty under part 8.2 a premium, or part of a premium, paid for a contract for—
	(a)	public liability insurance; or
	(b)	any other general insurance prescribed by the guidelines for this paragraph.
	(2)	The guidelines may—
	(a)	state circumstances in which a premium, or part of a premium, paid for a contract of insurance mentioned in subsection (1) is exempt from duty under part 8.2; or
	(b)	state the extent to which a premium paid for a contract of insurance mentioned in subsection (1) is exempt from duty under part 8.2; or
	(c)	state procedures to be followed to get an exemption from the duty payable under part 8.2 on the premium, or part of the premium, paid for a contract of insurance mentioned in subsection (1).
	(3)	Part 8.2 (other than sections 180 and 181) does not apply in relation to a premium, or part of a premium, paid for a contract of insurance that effects general insurance if, under the guidelines, the premium or the part of the premium is exempt from duty under the section.
	(4)	A determination under subsection (1) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Endnote
Republications of amended laws
	For the latest republications of amended laws, see www.legislation.act.gov.au.

[Presentation speech made in Assembly on 16 May 2002]

I certify that the above is a true copy of the Duties (Insurance Exemptions) Amendment Bill 2002 which was passed by the Legislative Assembly on 6 June 2002.

					Clerk of the Legislative Assembly

© Australian Capital Territory 2002