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Wednesday, 26 October 1910

Senator McGREGOR (South Australia) (Vice-President of the Executive Council) . - I am surprised at Senator Gardiner. Can the honorable senator not see that if a man sold his land before 30th June he was not the owner on that date?

Senator Gardiner - He may not have completed the transfer.

Senator McGREGOR - Then, he would get up to the 30th September to do so. If no agreement to sell were entered into before 30th June, a man desiring to sell his land and making arrangements to do so between the 30th June and 30th September would, under this clause, be exempt from taxation. The reason the 30th June is mentioned is to indicate the date of the commencement of the year during which the tax is levied.

Senator Lt.-Colonel Sir ALBERTGOULD (New South Wales) [9.43].- In the first part of this clause it is provided that the tax shall be charged on land as owned on the 30th day of June, and then there is the proviso that the owner of land on the 30th June who made an agreement between the 1st July and the 30th September to sell his land shall be exempt from the tax. But the man who made an agreement to sell on the 30th June, or 29th June, will not be exempt under this clause. If we turn to the definition clause we shall find that- " Owner " in relation to land includes every person who jointly or severally whether at law or in equity. is entitled to land or to receive rent from land. A man who had land on the 29th June might have entered into a contract for its sale, and, if the sale were not completed on the 30th June, he would still be the owner of the land.

Senator McGregor - But if the sale were completed before the 30th September he would still be entitled to the concession.

Senator Lt Colonel Sir ALBERT GOULD - That may be the intention ; but the clause draws a distinction between the 30th June and the day after the 30th June. A man may, at noon on the 30th June, have been registered as the owner of a certain piece of land. At one o'clock on the same day he might agree to sell the land, but be would not be entitled to exemption under this clause.

Senator McGregor - Yes, he would.

Senator Lt Colonel Sir ALBERT GOULD - There appears to be no provision to protect a man who may have been the owner of land at noon on the 30th June, although he may have entered into an agreement to sell it on the 29th June.

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