PART XIC
-
APPLICATION OF THE ACT TO NOMINATED STATE OR TERRITORY BODIES
History
Part XIC inserted by No 167 of 2001.
SECTION 135T
ELIGIBLE STATE OR TERRITORY BODIES
135T(1)
Each of the following is an
eligible State or Territory body
:
(a)
a
Department
within the meaning of subsection 3(1) of the
Government Sector Employment Act 2013
(NSW);
(b)
a
public service body
within the meaning of subsection 4(1) of the
Public Administration Act 2004
(Vic.);
(c)
a
department
within the meaning of section 7 of the
Public Service Act 2008
(Qld);
(d)
a
department
within the meaning of section 3 of the
Financial Management Act 2006
(WA) as extended by section 5 of that Act;
(e)
a
subsidiary body
as defined in paragraphs (b) and (c) of the definition of that term in subsection 60(1) of the
Financial Management Act 2006
(WA);
(f)
an
administrative unit
within the meaning of subsection 3(1) of the
Public Sector Act 2009
(SA);
(g)
a
Government department
within the meaning of subsection 3(1) of the
State Service Act 2000
(Tas.);
(h)
a
directorate
as defined in the Dictionary of the
Financial Management Act 1996
(ACT);
(i)
an
Agency
within the meaning of subsection 3(1) of the
Financial Management Act 1995
(NT);
(j)
-
(k)
(Repealed by No 8 of 2019)
(l)
a
department
of a Parliament of a State;
(m)
a
department
of a Legislative Assembly of a Territory.
[
CCH Note:
S 135T(1) was amended by No 8 of 2019, s 3 and Sch 8 item 24, by substituting para (a) to (i) and repealing para (j) and (k). The substitution of para (a) to (i) has been adjusted to include
"
1995
"
after
"
Financial Management Act
"
in para (i), in line with an editorial change made by the Federal Register of Legislation under the
Legislation Act 2003
.]
History
S 135T(1) amended by No 8 of 2019, s 3 and Sch 8 item 24, by substituting para (a) to (i) and repealing para (j) and (k), applicable to years of tax starting on or after 1 April 2019. Para (a) to (k) formerly read:
(a)
a
department
within the meaning of section 6 of the
Public Sector Employment and Management Act 2002
of New South Wales;
(b)
an
agency
within the meaning of section 4 of the
Public Sector Management and Employment Act 1998
of Victoria;
(c)
an
office
referred to in subsection 16(1) of the
Public Sector Management and Employment Act 1998
of Victoria;
(d)
a
department
within the meaning of section 7 of the
Public Service Act 1996
of Queensland;
(e)
a
department
within the meaning of section 3 of the
Public Sector Management Act 1994
of Western Australia, as extended by subsection 3(2) of the
Financial Administration and Audit Act 1985
of Western Australia;
(f)
a
subsidiary body
as defined in paragraphs (aa) and (b) of the definition of that term in subsection 3(1) of the
Financial Administration and Audit Act 1985
of Western Australia;
(g)
an
administrative unit
within the meaning of section 3 of the
Public Sector Management Act 1995
of South Australia;
(h)
a
government department
within the meaning of subsection 3(1) of the
State Service Act 2000
of Tasmania;
(i)
a
department
within the meaning of section 3 of the
Financial Management Act 1996
of the Australian Capital Territory;
(j)
an
agency
within the meaning of section 3 of the
Financial Management Act 1995
of the Northern Territory;
(k)
a
government business division
within the meaning of section 3 of the
Financial Management Act 1995
of the Northern Territory;
S 135T(1) amended by No 97 of 2008, s 3 and Sch 3 items 2 and 3, by substituting paras (a) and (h), applicable to the first year of tax starting after 3 October 2008 and later years. Paras (a) and (h) formerly read:
(a)
a
department
within the meaning of section 3 of the
Public Sector Management Act 1988
of New South Wales;
(h)
a
government department
within the meaning of section 3 of the
Tasmanian State Service Act 1984
of Tasmania;
135T(2)
However, a government body that pays, or is liable to pay, salary or wages is not an
eligible State or Territory body
.
135T(3)
The regulations may make modifications to subsection (1).
135T(4)
(Repealed by No 46 of 2011)
History
S 135T(4) repealed by No 46 of 2011, s 3 and Sch 2 item 641, effective 27 December 2011. No 46 of 2011, s 3 and Sch 3 items 10 and 11 contain the following saving and transitional provisions:
10 Saving
-
appointments
10
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
11
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.
S 135T(4) formerly read:
135T(4)
In subsection (3),
modifications
includes additions, omissions and substitutions.
History
S 135T inserted by No 167 of 2001.