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Ported:- the PRESIDENT Informed the House That the Cler Assent to Bills. [20 Nov., 1895.] Land&; Income Assessment. 2733 and if passed into law could of itself impose JJ..egi~Iatibe QtounciL no burden upon the people and grant no Wednesday, 20 November, 1895. aid to the Sovereign, and that therefore it was open to any amendment that could be proposed in any bill. Assent to J;lills-The Dean Conspiracy Case-Special Ad· (b) The President ruled in the Legislative journment-Land and Income Assessment Bill-Public Council that it was competent for the Coun­ Service Bill-First Readings-Land and Income Assess· cil to make this amendment. mentBill. (c) On the bill being returned to the Legisla­ tive Assembly, Mr. Speaker, the jealous custodian of the rights claimed by the Legis­ The PRESIDENT took the chair. lative Assembly, did not think it his duty to call the attention of the Legislative As­ ASSENT TO BILLS. sembly to the amendment made by the . Royal assent to the following bills re· Legislative Council. 2. Because a tax on the unimproved value of ported:- land, irrespective of the return obtained from Newcastle Pasturage Acts Amendment Bill. it, bears no analogy to an income-tax, but Bega Cattle Sale-yards Bill. seems rather to partake of the character of a rent charge. There seems no reason why one THE DEAN CONSPIRACY CASE. private owner of land should be exempted from 1>uch a rent charge more than another. The PRESIDENT informed the House 3. Because the provision struck out by the that the Clerk had received a summons to Legislative Council would have exempted appear before the court at Darlinghurst in nearly 90,000 out of 140,000 landowners from connection with the case of Regina vers~ts the payment of this tax, an exemption which Crick and others. appears to the Legislative Council to be un· just, inequitable, and dangerous in principle. Re.solved: That the Clerk have leave to com­ ply with the summons personally, or by one of 4. Because as an assessment must in any event the officers of his department, as may be most be made of the value of every piece of pri­ convenient to the business of this House. vately-owned land in the colony for the pu1·­ poses of the bill, it does not appear that the additional expense of collecting a tax from SPECIAL ADJOURNMENT. small owners would be so great as to make it Resolved (motion by Hon. Dr. GARRAN, unproductive. Moreover, if the proposed exemption of £475 were adopted, it would with concurrence) : result in the case of lands only a little above That this House at its rising to-day do ad­ the exemption limit that the balance of un· journ until 7 p.m. to-morrow. improved value would be so extremely small as to yield a tax far below the expense of LAND AND INCOME ASSESSMENT BILL. collection; thus, if the unimproved value were £500, the tax to be collected from the Report of select committee appointed to taxable amount (£25) would be only two draw up reasons for insisting upon the shillings and a penny. In addition, it should Council's amendments in this bill disagreed be borne in mind that in municipal and water to by the Legislative Assembly, presented rates, the collection of rates on properties of small value is not found to be unremunera­ by the Hon. Dr. MacLaurin, and read by tive. the Clerk. Because, as to mortgages, the original provi­ Resolved (motion by the Hon. Dr. MAC· sion in the bill was evidently inadequate, inas­ LAURIN): much as it made no attempt to deal with the large class of mortgages forming a part of mixed That the report be adopted. or combined securities, and securities for fluctu· Resolved (motion by Hon. Dr. GARRAN): ating advances. After careful consideration, it That the following message be sent to the appeared to the Legislative Council that the Legislative Assembly:- fairest and most practical method of dealing with the question was to exempt the mortgagor Mr. Speaker,- from land-tax on the proportion of the unim­ The Legislative Council having had under proved value of his lancl which was represented consideration the Legislative Assembly's mes­ by mortgage,· and to tax the mortgagee ou the sage, dated 13th November, 1895, in reference income actually derived by him from his mort­ to the Land and Income Tax Assessment Bill,­ gage. By this plan the mortgagee would have Insists on its amendments in clause 10 disagreed neither opportunity nor inducement to pass his to by the Assembly,- tax on to the mortgagor, whereas, by the plan 1. Because, as to exemption from land-tax, proposed by the bill in its original form the in­ the amendment of the Legislative Council is evitable result must be that the mortgagee strictly in accordance with the provisions of would in e-;ery case, by an increase in the rate the Constitution Act, because,- of interest, recoup himself at the expense of the (a] Mr. Spe<tker ruled in the Legislative As­ mortgagor in spite of any attempt to prevent it sembly that the bill is not a taxation bill, by legislative enactment. There seems to be no 8 s 2734 Land&: Income Assessment. [COUNCIL.] Public Service Bill. reasonable ground for apprehension that the cided that his valuation was fair and just. It simpler and more equitable plan proposed by the appears to the Legislative Council that this would Legislative Council will offer facilities for evasion be oppressive to the taxpayer and liable to of the tax, or will seriously interfere with its abuse ; and, moreover, it seems inequitable to productiveness. bestow a power of this kind on the Government Insists on the omission of clause 12 (Absen­ without conferring a correlatiYe right on the tees},-because the Legislative Council thinks taxpayer. that an attempt to penalise absentee landowners Insists on its amendments in clause 52,-be­ would be contrary to public policy and injurious cause the amendments inserted by the Council to the best interests of the country, by causing appear to be necessary in the interests of the a feeling of insecurity in investments, tending equitable administration of the act. to the withdrawal of capital and the discourage­ Insists on the omission of clause 61,-as con­ ment of its employment in developing the sequential on previous amendments. resources of the colony. Insists on the omission of clause 70,-because Insists on the omission of clause 13, the amend· it appears unjust and impolitic to legislate for ments of clause 14, the omission of clauses 16 the breaking of contracts, especially retrospec­ and 17, and the amendments in sub-section i of tiYely, and the provision would be readily clause 18, as consequential as its insistence on evaded. the amendments in clause 10. Insists on its amendments in clause 71, line 59,-because the penalty provided by the Coun­ Income-tax. cil seems to be sufficiently high. Insists on its amendment in clause 19, lines Insists on its amendments in clause 71, lines 13 and 14,-because such amendment is in ac­ 59 and 60,-because it appears to the Council cordance with the Constitution Act for the rea­ improper to allow the Governor to name a sons given for insisting on the amendments in penalty for the breach of an act of Parliament, clause 10; and because it is an admitted prin­ as contra-distinguished from regulations : pen~J­ ciple in taxation that the exemption from income­ ties for breach of provisions of the act should be tax should not be higher than the amount which named in the act itself. suffices for the necessaries of the existing popu­ Insists on omission of sub-section c clause 75, lation, and the Legislative Council believes that -because these words might haYe the effect of this amount is fairly represented in New South subjecting to taxation persons who haYe no real Wales by £160 per annum. beneficial interest in the land. Insists on its remaining amendment in the clause disagreed to by the Assembly, and on those in clause 20,-as consequential on the in­ PUBLIC SERVICE BILL. sistence on previous amendments. In Committee (consideration resumed Insists on its amendment in sub-section II of from 14th November, vide page 1235): clause 21, -because the amendment simply states explicitly what, according to the decision of the Clause 7 again proposed. A member of the highest law court in England, was already board shall be deemed to have vacated his implied in the clause as it originally stood. office- Insists on the omission of sub-section vr, (r) if he resigns his office, by writing under clause 21,-because there seems no reason why his hand, addressed to the Governor ; 5 bonuses distributed to policy-holders in mutual (II) if he becomes bankrupt, or compounds life companies should be exempt from taxation. with his creditors, or assigns his salary Insists on the omission of sub-section x, clause for the payment of, or as security for, any 21,-as consequential on insistence on former debt or demand; amendments. (III} if he absents himself from duty for a 10 Insists on its amendment in clause 26,-as con­ period of fourteen days, except on leave sequential on insistence on former amendments. granted by the Governor (which leave is Insis.ts on its amendments in clause 31, lines hereby authorised to be granted}, or be­ 53 and 54,-as consequential on insistence on comes incapable of performing his duties former amendments. by reason of mental or physical infirmity. 15 Insists on its amendments in clause 34, line 46,-as consequential on insistence on former Upon which the Ron.
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