Australian Capital Territory Numbered Acts

RATES AND LAND TAX (AMENDMENT) ACT (NO. 55 OF 1991) - SECT 5

5. Section 22B of the Principal Act is amended—

    (a)     by omitting subsection (1) and substituting the following subsections:

“(1) Subject to section 22BA, the following parcels of land are exempt from land tax imposed under section 22A:

        (a)     a parcel of land leased for residential purposes that was on the prescribed date the principal place of residence of the owner of the parcel or, if there were then joint owners, the principal place of residence of one or more of them;

        (b)     a parcel of land leased for residential purposes that—

              (i)     was not occupied on or before the prescribed date; and

              (ii)     had been purchased on or before that date—

(A)     and was intended to be used as the principal place of residence of the owner or, if there were then joint owners, as the principal place of residence of one or more of them; or

(B)     for sale before the prescribed date immediately following the next prescribed date;

        (c)     a parcel of land leased primarily for the purpose of primary production;

        (d)     a parcel of land owned by the Commissioner for Housing appointed under the Housing Assistance Act 1987 ;

        (e)     land leased under the Leases Act 1918 for the development of the land to the extent necessary to make the land suitable for subdivision into parcels of land to be leased;

        (f)     land being used for a prescribed purpose.

“(1A) For the purposes of paragraph (1) (a), a parcel of land does not cease to be the principal place of residence of its owner by reason only that the owner does not occupy the parcel for a period not exceeding—

        (a)     if the reason for the owner's absence is related to his or her employment or occupation—3 years if he or she occupies the parcel for a continuous period of 2 years in any period of 5 years commencing on a prescribed date;

        (b)     if the Commissioner is satisfied that by reason of the death or illness of any person or on some other compassionate ground the owner has a compelling reason for not occupying the parcel for a longer period than 12 months—that longer period; or

        (c)     in any other case—12 months.”; and

    (b)     by omitting subsection (3) and substituting the following subsection:

“(3) In paragraphs (1) (a) and (b)—

‘owner', in relation to a parcel of land, does not include a body corporate or a person in whom the parcel is vested as a trustee.”.