Document ID: chunk:federal_register_of_legislation:C2004A03814:body:0:p12
Version: federal_register_of_legislation:C2004A03814
Segment Type: other
Provision Reference: 
Character Range: 27516–30207

'exempt matter' means:
        (a) the issue of shares under subsection 18b (2);
        (b) the reservation of name made by paragraph 18c (5) (b);
        (c) the change of name made by subsection 18d (1);
        (d) SMEC's registration as a company by force of this Act;
        (e) the operation of this Act; or
        (f) giving effect to a matter referred to in another paragraph of this definition or otherwise giving effect to this Act;

'tax' includes:
        (a) sales tax;
        (b) tax imposed by the Debits Tax Act 1982;
        (c) fees payable under the Companies (Fees) Act 1981;
        (d) stamp duty; and
        (e) any other tax, fee, duty, levy or charge;
    but does not include income tax imposed as such by a law of the Commonwealth.

Exemptions relating to exempt matters
"39n. Tax under a law of the Commonwealth or a State or Territory is not payable in relation to:
     (a) an exempt matter; or
     (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.

Authorised person may certify in relation to exemptions
"39p. (1) An authorised person may, by signed writing, certify that:
     (a) a specified matter or thing is an exempt matter; or
     (b) a specified thing was done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter.
"(2) For all purposes and in all proceedings, a certificate under subsection (1) is conclusive evidence of the matters certified, unless the contrary is established.

SMEC taken to have had share capital for purposes of Income Tax Assessment Act
"39q. For the purposes of the Income Tax Assessment Act 1936, SMEC shall be taken to have had, at all times before it complied with subsection 18b (2) of this Act, a share capital, all the issued shares in which were, at all such times, beneficially owned by the Commonwealth.".

Repeal of Part VI
14. (1) Sections 41 and 42 of the Principal Act are repealed.
(2) The remaining provisions of Part VI of the Principal Act are repealed.
15. Sections 51 to 54 (inclusive) are repealed and the following sections are substituted:

SMEC not public authority etc.
"51. SMEC, as it exists after the transition, shall be taken for the purposes of a law of the Commonwealth or a State or Territory:
     (a) not to have been incorporated or established for a public purpose or for a purpose of the Commonwealth; and
     (b) not to be a public authority or an instrumentality or agency of the