Document ID: chunk:federal_register_of_legislation:C2018C00103:section:38
Version: federal_register_of_legislation:C2018C00103
Segment Type: section
Provision Reference: s 38
Character Range: 29210–31252

38  Exemption from State and Territory taxes and fees
 (1) No tax is payable under a law of a State or a Territory in respect of:
 (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.
 (2) An authorised person may, in writing, certify that:
 (a) a specified matter or thing is an exempt matter; or
 (b) a specified thing was 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, a specified exempt matter.
 (3) A certificate under subsection (2) is, in all courts and for all purposes, evidence of the matter stated in the certificate.
 (4) In this section:
authorised person means:
 (a) the Finance Minister; or
 (b) the Secretary of the Finance Department; or
 (c) an SES employee, or acting SES employee, in that Department, authorised by the Secretary, in writing, for the purposes of this section.
exempt matter means:
 (a) the issue or allotment of shares by SMEC to the Commonwealth or another person on or before the sale day; or
 (b) an agreement between the Commonwealth and another person relating to the sale, issue or allotment of shares in SMEC; or
 (c) the transfer of shares in SMEC by the Commonwealth or a nominee of the Commonwealth to another person; or
 (d) the receipt of money (whether before, on or after the sale day) by the Commonwealth, SMEC or another person acting on behalf of the Commonwealth or SMEC from persons who are, on or before the sale day, buying or subscribing for shares in SMEC; or
 (e) the operation of this Act.
tax means:
 (a) stamp duty or any other tax; and
 (b) a fee (other than a fee payable under the Corporations Act 2001);
but does not include a tax or fee (other than a fee payable under the Corporations Act 2001) specified in a notice signed by the Finance Minister and published in the Gazette.