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Wednesday, 26 November 1941


Mr SPENDER (Warringah) .- I am not in favour of deferring the necessary amendment until next year, and I ask the Government to consider introducing it. when the bill is before the Senate. There are cases which, I am sure, the Government does not intend to bring within the scope of the bill, but which will be included unless a further amendment be made. These are cases in which the equitable title in a property has passed, but the matter was not ripe for lodgment on the prescribed date. It is not proper that such transactions should be taxed whilst others escape merely because the instrument happened to be lodged for registration at an earlier date.

Amendments agreed to.

Clause, as amended, agreed to.

Clause 13 agreed to.

Clause 14 - (1.) Notwithstanding anything contained in this act, gift duty shall not be payable in respect of -

(a)   contributions by an employer to a fund established for the purpose of providing retiring allowances or pensions for his employees or any class or classes of his employees;

(b)   payments made by an employer to an employee on the retirement of that employee from the service of the employer, or any gratuity or bonus paid by an employer to an employee, during the continuance of the employment, in recognition of special or faithful services rendered:

Provided that nothing in the foregoing provisions of this paragraph shall apply to exempt from gift duty any such payment, gratuity or bonus where the Commissioner is satisfied that the employee is connected by lies of blood or marriage -

(i)   where the employer is a private company within the meaning of Division 7 of Part III. of the Income Tax Assessment Act 1930-1040 - with any director of the company ;

(ii)   where the employer is an unincorporated association or firm - with any member of that association or firm; or

(iii)   where the employer is an individual - with that individual;

(c)   any gift for religious, scientific, or public educational purposes in Australia, or to a public hospital or public benevolent institution in Australia, or to a fund established and maintained for the purpose of providing money for use for such institutions or for the relief of persons in necessitous circumstances in Australia;

(d)   any gift to the Commonwealth; or

(e)   any gift to the State, when made for purposes of the defence of the Commonwealth ; {f) any gift to a public institution or public fund established and maintained for the comfort, recreation or welfare of members of the Defence Force;

(g)   any gift made in accordance with t he terms of an agreement wherebya person carrying on a business hat undertaken to pay part of the pro ceeds of his business to the trustees of a fund out of which payments may be made by the trustees to persons carrying on a similar business who are on war service; or

(h)   any gift concerning which the Commissioner is satisfied -

(i)   that the gift, together with all other gifts made by the same donor to the same donee, whether at the same time or within thirty months previously (whether wholly or partly made before the commencement of this act or not) or thirty months subsequently does not exceed in the aggregate Twenty pounds in value and that the gift is made in good faith as part of the normal expenditure of the donor ; or

(ii)   that the gift is made for or towards the maintenance of the wife, husband or child of the donor or for or towards the education or apprenticeship of a child of the donor, and is not excessive in amount, having regard to the legal and moral obligations of the donor to afford the maintenance, education or apprenticeship. (2.) For the purpose of the last preceding sub-section, "public educational purposes" includes the establishment or endowment of an educational institution for the benefit of the public or a section of the public.







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