State Revenue and Other Legislation Amendment (Budget Measures) Bill 2008

  • Assented on 10/12/2008 - Act No 122 of 2008 (GG No. 158, 19/12/2008, p 12298).

Long Title

An Act to make miscellaneous amendments to certain State revenue and other legislation to implement Budget measures announced by the Treasurer on 11 November 2008, and to give effect to other related measures.

Explanatory Notes

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to give effect to certain Budget measures announced by the
Treasurer in the Legislative Assembly on 11 November 2008, and to give effect to
certain other related measures.
The Bill contains the following:
(a) amendments to the Duties Act 1997 to defer the abolition of certain duties, to
increase flat-rate duties, and to grant a duty exemption to a vesting of land that
occurs as a consequence of the termination of a strata scheme or similar
scheme,
(b) amendments to the First Home Owner Grant Act 2000 to increase the amount
of the first home owner grant, by giving effect to the first home owner boost
scheme and the NSW new home buyers supplement scheme,
(c) amendments to land tax legislation to provide for a new premium rate of land
tax on land holdings with a taxable value of more than $2,250,000, and to
provide for the annual adjustment of the premium rate threshold,
Explanatory note page 2
State Revenue and Other Legislation Amendment (Budget Measures) Bill 2008
Explanatory note
(d) amendments to the Children and Young Persons (Care and Protection) Act
1998 and the Children and Young Persons (Care and Protection—Child
Employment) Regulation 2005:
(i) to enable fees to be charged in connection with the administration of the
children’s service licensing scheme and the out of school hours care
services registration scheme (including the waiver, reduction, deferral
and refund of any such fees), and
(ii) to increase fees for an application for an authority to employ children or
for an exemption from the requirement to hold such an authority, so that
the fees apply on a cost recovery basis,
(e) amendments to the Civil Procedure Regulation 2005 to increase the daily fees
payable for hearings of civil proceedings in the Supreme Court and to provide
that fees are payable from the second day of hearings (rather than the eleventh
day),
(f) amendments to emergency services legislation to introduce a scheme for
funding the State Emergency Service, from contributions by insurance
companies, local government and the State Government, consistent with the
scheme applicable to Fire Brigades and to make the schemes consistent,
(g) amendments to the Human Tissue Act 1983 to enable the Director-General of
the Department of Health to recover the costs incurred by the State in
connection with the supply of blood to the private health sector by suppliers
such as the Australian Red Cross Society,
(h) amendments to the Management of Waters and Waterside Lands
Regulations—N.S.W. to increase the annual fees for mooring licences in the
Sydney Harbour (Eastern) locality,
(i) amendments to the Mining Regulation 2003 to increase the base rate of royalty
payable for coal,
(j) amendments to the Parking Space Levy Act 1992 to increase the parking space
levy, from the 2009-2010 financial year,
(k) amendments to the Growth Centres (Development Corporations) Act 1974 to
abolish the Growth Centres Commission and consequential and other minor
amendments to other planning legislation,
(l) amendments to the Private Hospitals Regulation 1996 and the Day Procedure
Centres Regulation 1996 to increase licence fees for private hospitals and day
procedure centres, so that application fees for licences, annual licence fees and
application fees for the transfer of licences are charged on a full cost recovery
basis,
(m) amendments to the Real Property Regulation 2008 to introduce new fees in
relation to certain dealings in land, and to increase certain existing fees,
Explanatory note page 3
State Revenue and Other Legislation Amendment (Budget Measures) Bill 2008
Explanatory note
(n) amendments to the Victims Support and Rehabilitation Act 1996 to double the
compensation levies payable by convicted offenders and to provide for the
annual adjustments of those levies on the basis of increases in the consumer
price index,
(o) amendments to the Protection of the Environment Operations (Waste)
Regulation 2005 and related legislation:
(i) to increase the waste contributions currently payable by occupiers of
licensed waste facilities in respect of certain waste received or
generated in the Sydney metropolitan area and other regulated areas,
and provide for contributions to be payable in respect of such waste
received or generated in certain regional areas, and
(ii) to extend the scope of the Waste Performance Improvement Scheme so
that it applies to local councils in certain regional areas and
encompasses broader environmental sustainability objectives, and
(iii) to provide for payment of a special levy by occupiers of licensed waste
facilities used to dispose of coal washery rejects only.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 is a formal provision that gives effect to the amendments to the Acts and
instruments set out in Schedules 1–15.
Clause 4 provides that explanatory material does not form part of the proposed Act.
Clause 5 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

Digest

See Digest 15 of 2008, dated 02/12/2008 for an examination of this Bill by the Legislation Review Committee.

Agreement in Principle/Second Reading Speeches

To download, click the PDF icon(s) below.

Legislative Assembly Minister's
"Agreement in Principle" Speech
Legislative Council Minister's 2R Speech
LA 122080.pdf LC 12208.pdf

Tracking through the Houses

  • Initially introduced in the Legislative Assembly
Legislative Assembly: Legislative Council:
  • Member with Carriage: Tripodi, Joseph
  • Notice of Motion: Wed 26 Nov 2008
  • Introduced: Thu 27 Nov 2008
  • "Agreement in Principle" Speech: Thu 27 Nov 2008
  • Agreed to in Principle LA: Wed 3 Dec 2008
  • Date Declared by Deputy Speaker without amendment: Wed 03 Dec 2008
  • Member with Carriage: Roozendaal, Eric
  • Introduced: Thu 4 Dec 2008
  • First Reading: Thu 4 Dec 2008 am
  • Minister's 2R Speech: Thu 4 Dec 2008
  • Second Reading: Thu 4 Dec 2008
  • Date Committed: Thu 4 December 2008
  • Reported w'out amdt: 4/12/2008
  • Report Adopted: Thu 4 Dec 2008
  • Third Reading: Thu 4 Dec 2008
  • Date Passed w'out amdt: Thu 4 Dec 2008
  • Returned to LA: Thu 4 Dec 2008
  • Passed Parliament: Thu 4 Dec 2008

Text of Bill as passed by both Houses

b2008-123-d14-House.pdf

Assent

  • Assented: Wed 10 Dec 2008