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Wednesday, 20 May 1942

Clause 5 -

After section sixteen of the principal act the following section is inserted: - " 16a. For the purpose of assessing the value for duty of an estate for the purposes of this act -

(c)   where the estate, includes any shares or stock in any company the shares or stock of which are not or is not quoted in the official list of any stock exchange, the Commissioner may, in his discretion, notwithstanding anything contained in the last two preceding paragraphs, adopt as the value of any such shares or stock such sum as, in the opinion of the Commissioner, the holder thereof would receive in the event oi the company being voluntarily wound up on the date of death.".

Amendments (by Mr. Chifley) agreed to-

That in proposed new section 16a the words " For the purpose of assessing the value for duty of an estate for the purposes of this act " he left out with a view to insert in lieu thereof the words " Where the Commissioner is of the opinion that it is necessary that the following provisions should apply for the purpose of assessing the value for duty of an estate for the purposes of this act, the following provisions shall apply: - ".

That in paragraph (o) of proposed new section 16a the words " , in the opinion of the Commissioner," be left out.

That at the end of proposed new section IGa the following new sub-section be added: - "'(2.) Any board or court having jurisdiction to determine, for the purposes of this act, the value of any shares or stock to which the last preceding sub-section applies, may substitute its own opinion for, or use its own discretion in lieu of, any opinion or discretion of the Commissioner under that sub-section.'".

Clause, as amended, agreed to.

Clause 6 -

Section eighteen a of the principal act is amended-- (a.) by omitting paragraphs (») and (6) of sub-section (1.) and inserting in their stead the following paragraphs: - " (a) where the whole of the estate passes to the widow, children or grand-children of the deceased -

(6)   where no part of the estate passes to the widow, children or grand-children of the deceased - " and (ft) by omitting from paragraph (c) the words "by will, intestacy, gift inter vivos or settlement ".

Amendments (by Mr. Chifley) agreed to -

That in proposed new paragraph (a) of sub-section ( 1 . ) of section 1 8a, after the word " passes ", the following words be inserted : " by will, intestacy, gift inter vivos, settlement or right of survivorship ".

That in proposed new paragraph (h) of sub-section (1.) of section 18a, after the word " estate " the word " so " be inserted.

That in paragraph ( 6 ) of the clause all the words after "paragraph (c) "be left out with a view to insert in lieu thereof the following words: - "of subjection (1.) the words 'or settlement' and inserting in their stead the words ', settlement or right of survivorship ' ".

Clause, as amended, agreed to.

Clause 7 agreed to.

Clause 8 -

Section 24 of the principal act is amended by adding at the end of sub-section (1.) the following proviso: - "Provided that, where the assessment is an amended assessment, the administrator shall have no further right of objection than he would have had if the amendment had not been made, except to the extent to which by reason of the amendment a fresh liability in respect of any particular is imposed on him or an existing liability in respect of any particular is increased.".

Amendment (by Mr. CHIFLEY) agreed to-

That clause 8 be left out with a new to insert in lieu thereof the following' new clause :-- " 8. Part V. of the principal act is repealed and the following part inserted in its stead: -

* Part V. - Objections and Appeals.

24.   - (1.) An administrator who is dissatisfied with the assessment of the Commissioner may, within 30 days after the service of notice of assessment, post or lodge with the Commissioner an objection in writing against the assessment, stating fully and in detail the grounds on which he relics:

Provided that, where the assessment is an amended assessment, an administrator shall have //0 further right i f objection than he would have had if .the amendment had not been made, except to the extent to which, by reason of the amendment, a fresh liability in respect of any particular is imposed on him or an existing liability in respect of any particular is increased. (2.) The Commissioner shall consider the objection and may wither disallow it or allow it either wholly or in part. (3.) The Commissioner shall give to the objector written notice of his decision on the objection. (4.) If the objector is dissatisfied with the decision of the Commissioner lie may, within thirty days after the service by post of notice of that decision - [a) in writing, request the Commissioner -

(i)   to refer so much of the deci sion as relates to the value assigned to any property included in the estate to a Valuation Board for review of that value; or

(ii)   to refer so much of the deci sion as does not relate to the value assigned to any property included in the estate to a Board of Review for a review of that decision ; or lb) in writing, request the Commissioner to treat his objection as au appeal and to forward it to the High Court, or to the Supreme Court of a State or Territory of the Commonwealth. (5.) Notwithstanding anything contained in this section, where the assessment made by the Commissioner is based upon assessments made under the law of a State, a reference or an appeal shall not lie from such assessment unless an appeal has been made from the State assessment upon which the assessment under this act is based.

25.   - (1.) Where the objector has, in accordance with tho last preceding section, requested the Commissioner to refer a decision to a Valuation Board, the Commissioner shall, if the objector's request is accompanied by a deposit of One pound, refer the decision to the Valuation Board not later than sixty days after the receipt of the request. (2.) The objector shall be limited on the review to the grounds which he lias stated in his objection as being those upon which he objects to the value assigned to the property. (3.) If the value assigned to the property included in the assessment lias been reduced by the Commissioner after considering the objection, the reduced value shall be the value dealt with by the Valuation Board under the next succeeding sub-section. (4.) Subject to the next succeeding subsection, the Valuation Board shall give a decision and may either confirm the value assigned to the property in the assessment or reduce or increase that value. (5.) In default of the appearance of the objector before the Valuation Board for the purpose of the review, the Valuation Board shall confirm the value assigned to the property in the assessment:

Provided that upon good cause shown, the Valuation Board may, within the prescribed time, re-open the matter and review the value assigned to the property in the assessment. (C.) The objector may, within thirty days after the Valuation Board's decision, request the Commissioner, in writing, to refer his objection, so far as it relates to grounds not dealt with by the Valuation Board, to a Board of Review or to the High Court or the Supreme Court of a State or Territory of the Commonwealth. (7.) The Commissioner or the objector may, within thirty days after the date of the Valuation Board's decision, appeal to the High Court from any decision of the Valuation Board in this connexion, which, in the opinion of the High Court, involves a question of law, and the Valuation Board shall refer to the High Court any question of law arising before the Valuation Board, and the decision of the High Court shall be final and conclusive.

20.   - (1.) Where the objector has, in accordance with section twenty-four of this act, requested the Commissioner to refer a decision to a Board of Review, the Commissioner shall, if the objector's request is accompanied by a deposit of One pound, refer the decision to a. Board of Review not later than sixty days after the receipt of the request. (2.) The objector shall be limited on the review to the grounds which he has stated in his objection. (3.) If the assessment has been reduced by the Commissioner after considering the objection, the reduced assessment shall be the assessment dealt with by the Board of Review under the next succeeding sub-section. (4.) Subject to the next succeeding subsection, the Board of Review shall give a decision and may either confirm, reduce, increase or vary the assessment. (5.) In default of the appearance of the objector before the Board of Review, for the purpose of review, the Board of Review shall confirm the assessment:

Provided that upon good cause shown, the Board of Review may, within the prescribed time, re-open the matter and review the assessment. (U.) For the purpose of reviewing the assessment, a Board of Review shall have all the powers and functions of the Commissioner in making assessments, determinations and decisions under this Act, and such assessments, determinations and decisions of a Board of Review and its decisions upon review, shall for all purposes (except for the purpose of objections thereto and review thereof and appeals therefrom) be deemed to be assessments, determinations or decisions of the Commissioner :

Provided that a Board of Review shall not reduce or increase any value assigned in the assessment to any property, but shall accept us final the value assigned to the property by the Commissioner, or, where the value " has been reduced or increased by a Valuation Hoard, by the Valuation Board. (7.) The objector may, within thirty days after th« decision of the Board of Review, request the Commissioner, in writing, to refer his objection, so far as it relates to the value assigned to any property in the assessment, to a Valuation Board. (8.) Where a Board of Review has reviewed any assessment and given any decision thereon and the value assigned to any property in that assessment is subsequently reduced or increased by a Valuation Board, the Commissioner shall vary the assessment to give effect to the decision of the Valuation Board. (!). ) The Commissioner or the objector may, within thirty days after the decision of a Board of Review, appeal to the High Court from any decision of the Board of Review in this connexion which, in the opinion of the High Court, involves a question of law, and t he board shall refer to the High Court any question of law arising before the Board of Review, and the decision of the High Court -hall be final and conclusive.

27.   - (I.) Where an objector has, in accordmice with the provisions of this Part, requested the Commissioner to treat his objection as an appeal and to forward it to the High Court or a Supreme Court, the Commissioner shall forward it accordingly. (2.) The appeal shall be heard by a single .justice or Judge of the Court. (3.) The objector shall be limited, on the hearing of the appeal, to the grounds stated in his objection. (4.) If the assessment has been reduced by the Commissioner after considering the objection, the reduced assessment shall be the assessment to be dealt with on the appeal. (5.) On the hearing of the appeal, the court may make such order as it thinks fit, and may by such order confirm, reduce, increase or vary the assessment. (6.) The order of the court shall be final ii nd conclusive except as hereinafter provided. (7.) The costs of the appeal shall be in the discretion of the court.

28.   - (1.) The court may, if it thinks fit, state a case in writing for the opinion of the Full Court of the High Court upon any question of law arising on the appeal. (2.) The High Court shall hear and determine the question, and remit the case, with its opinion, to the court below and may make such order as to the costs of the case stated as it thinks fit. 28a. The Commissioner or the objector may appeal to the High Court in its appellate jurisdiction from any order made under Sub-section (5.) of section twenty-seven of this act. 28b. The fact that an appeal or reference is pending shall not in the meantime interfere with or affect the assessment the subject oi the appeal or reference, and estate duty may be recovered on the assessment as if do appeal or reference were pending. 2Sc. If the assessment is altered on the appeal or reference a due adjustment shall be made, for which purpose amounts paid in excess shall be refunded, and amounts short paid shall be recoverable as arrears.' ".

Clause, as amended, agreed to. Clause 9 - (1.) The amendments effected by sections three, five and six of this act shall apply to the estates of all persons dying on or after the date of the commencement of this act. (2.) The amendment effected by section four of this act shall apply to the estates of all such members so dying on or after the third day of September, One thousand nine hundred and thirty -nine. (3.) The amendment effected by section seven of this act shall apply to all assessments issued on or after the date of the commencement of this act. (4.) The amendment effected by section eight of this act shall apply to all amendments made on or after the date of the commencement of this act to assessments.

Amendments (by Mr. Chifley) agreed lo-

That in sub-clause (2) after the words "thirty-nine" the following words be added : - " , and any assessment made prior to the commencement of this act may, in order to give effect to thai amendment, be amended notwithstanding anything contained in section twenty of the principal act as amended by this net.".

That in sub-clause (3) the words "amendment effected by section seven ", be left out with a view to insert in lieu thereof the words " amendments effected by sections seven and eight ".

That sub-clause (4) be left out.

Clause, as amended, agreed to.

New clause 2a.

Motion (by Mr. Chifley) agreed to -

Thatthe following new clause be inserted after clause 2 : - "2a. Section three of the principal act is amended -

(a)   by inserting after the definition of Assistant Commissioner ' the following definition: -

Board of Review ' means a Board of Review constituted under the Income Tax Assessment Act 1936 or under that Act as amended;'; and

(6)   by adding at the end thereof the following definition : -

Valuation Board "' means a Valuation Board constituted under the Land Tax Assessment Act 1910-1927 or under that act as amended.' ".

New clause 8a.

Motion (by Mr. Chifley) agreed to -

That the following new clause be inserted after clause 8: - "8a. Section thirty-five of the principal act is amended by omitting the words ' devised or bequeathed or passes by gift inter vivos or settlement for religious scientific charitable or public educational purposes ' and inserting in their stead the words 'exempt from estate duty by sub-section (5) of section eight of this act.'".

Title agreed to.

Rill reported with amendments; report by leave - adopted.

Bill - by leave - read a third time.







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