Finance Act 1994
Version as at 1 July 2022
Finance Act 1994
Public Act |
1994 No 73 |
|
Date of assent |
6 July 1994 |
|
Commencement |
see section 1 |
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Treasury.
Contents
An Act to make provision with respect to public finances and other matters
1 Short Title and commencement
(1)
This Act may be cited as the Finance Act 1994.
(2)
Except as provided in subsection (3), this Act shall come into force on the day on which it receives the Royal assent.
(3)
Subject to subsection (4), sections 5 to 7 shall come into force on a day to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different sections into force on different days.
(4)
A day may be appointed pursuant to subsection (3) bringing section 6 or section 7 into force only if the Governor-General is satisfied, at the time of the making of the Order in Council, that at least 50% of the shares in GCS Limited are no longer held by Ministers of the Crown on behalf of the Crown.
(5)
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(5)
[Repealed]| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Section 1(3): section 5 brought into force, on 18 November 1994, by clause 2 of the Finance Act Commencement Order 1994 (SR 1994/253).
Section 1(3): sections 6 and 7 brought into force, on 29 December 1994, by clause 2 of the Finance Act Commencement Order (No 2) 1994 (SR 1994/266).
Section 1(3): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 1(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 1(5): repealed, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Application of Part 2 of Commerce Act 1986 to certain agreements relating to pharmaceuticals
2 Application of Part 2 of Commerce Act 1986 to regional health authorities, Public Health Commission, and certain subsidiaries
(1)
In this section, unless the context otherwise requires,—
agreement—
(a)
includes any agreement, arrangement, contract, covenant, deed, or understanding, whether oral or written, whether express or implied, and whether or not enforceable at law; and
(b)
without limiting the generality of paragraph (a), includes any contract of service and any agreement, arrangement, contract, covenant, or deed, creating or evidencing a trust
authority means a regional health authority (including the Health Funding Authority) established by Order in Council in accordance with section 32 of the Health and Disability Services Act 1993
the commission means the Public Health Commission established by section 27 of the Health and Disability Services Act 1993
pharmaceuticals means substances or things that are medicines, therapeutic medical devices, or products or things related to pharmaceuticals
reached includes entered into, granted, and made; and reaching has a corresponding meaning
specified body means a body that is an authority, the commission, or any person wholly owned by a specified body or 2 or more specified bodies
subsidiary has the same meaning as in section 5 of the Companies Act 1993.
(2)
This subsection applies to an agreement (reached before 1 January 2001) if, and only if,—
(a)
at least 1 party to it was a specified body at the time it was reached; and
(b)
it was reached after consultation between the Minister of Health and 1 or more of the parties to it; and
(c)
it relates to pharmaceuticals for which full or part payments may be made by 1 or more specified bodies.
(3)
It is hereby declared that nothing in Part 2 of the Commerce Act 1986 applies, or has ever applied, to—
(a)
any agreement to which subsection (2) applies; or
(b)
any act, matter, or thing, done by any person to give effect to such an agreement.
(4)
For the purposes of section 2(7) of the Commerce Act 1986 (which relates to interconnected bodies corporate), neither the commission nor any authority or hospital and health service (within the meaning of section 2 of the Health and Disability Services Act 1993) shall be regarded as having been, at any time before the commencement of the Commerce Amendment Act 1994, a subsidiary of the Crown.
(5)
No person other than the Commerce Commission may commence any proceedings against an authority under section 81 or section 82 of the Commerce Act 1986 in respect of any act, matter, or thing, that has been done or will be done before 1 July 1994.
(6)
Amendment(s) incorporated in the Act(s).
Section 2(1) authority: amended, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).
Section 2(1) subsidiary: replaced, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).
Section 2(2): amended, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
Section 2(4): amended, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).
Section 2(4): amended, on 9 December 1994, by section 2(2) of the Commerce Amendment Act 1994 (1994 No 135).
Accident Rehabilitation and Compensation Insurance Corporation
3 Validation of payment of motor spirits excise duty to Accident Rehabilitation and Compensation Insurance Corporation
All—
(a)
actions of the Crown in paying to the Accident Rehabilitation and Compensation Insurance Corporation from the Crown Bank Account the sum of $14,625,000, inclusive of goods and services tax, (being the first quarterly instalment payable under section 109 of the Accident Rehabilitation and Compensation Insurance Act 1992 in respect of the financial year ending with the close of 30 June 1994); and
(b)
actions of the Corporation in crediting that sum (purportedly pursuant to subsection (4) of that section) to the Motor Vehicle Account established under section 108 of that Act,—
shall, notwithstanding that the payment was made without the authority of an Order in Council made under section 109 of that Act, be deemed to have been, and continue to be, as valid and effectual as they would have been if the Accident Rehabilitation and Compensation Insurance (Motor Spirits Excise Duty) Order 1993 had been in force when the sum was paid.
4 Corporation payment to Crown Bank Account for public health care costs in respect of year ending 30 June 1995
[Repealed]Section 4: repealed, on 2 September 1996, by section 25(2)(d) of the Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106).
GCS Limited
5 Amendment to State-Owned Enterprises Act 1986
(1)
Amendment(s) incorporated in the Act(s).
(2)
Notwithstanding the coming into force of subsection (1), section 22 of the State-Owned Enterprises Act 1986 shall, so long as Ministers of the Crown continue to hold shares in GCS Limited (in this section called the Corporation), continue to apply in relation to the Corporation as if—
(a)
the Corporation were a State enterprise; and
(b)
the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation.
(3)
Amendment(s) incorporated in the Act(s).
(4)
Each Minister of the Crown who holds shares in the Corporation on behalf of Her Majesty the Queen may exercise all or any of Her Majesty’s rights and powers as the holder of those shares.
(5)
Amendment(s) incorporated in the Act(s).
6 Amendment to Ombudsmen Act 1975
Amendment(s) incorporated in the Act(s).
7 Amendment to Official Information Act 1982
Amendment(s) incorporated in the Act(s).
8 Amendment to Income Tax Act 1976
[Repealed]Section 8: repealed, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Health reforms (transitional provisions)
9 Amendment to Health Reforms (Transitional Provisions) Act 1993
(1)
Amendment(s) incorporated in the Act(s).
(2)
Without limiting subsection (1), it is hereby declared that the repeal of paragraph (b) of section 8(1) of the Health Research Council Act 1990 by section 32 of the Health Reforms (Transitional Provisions) Act 1993 shall be deemed not to have affected—
(a)
the membership of the Health Research Council; or
(b)
the validity of any appointment made under section 8(1)(b) of the Health Research Council Act 1990 (as substituted by section 3 of the Health Research Council Amendment Act 1991) in the period beginning on 1 July 1993 and ending with the commencement of this subsection; or
(c)
the validity of any action taken by the Council or any member of the Council in the period beginning on 1 July 1993 and ending with the commencement of this subsection.
Notes
1 General
This is a consolidation of the Finance Act 1994 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Pae Ora (Healthy Futures) Act 2022 (2022 No 30): section 104
Secondary Legislation Act 2021 (2021 No 7): section 3
Companies Amendment Act 2013 (2013 No 111): section 14
Income Tax Act 2004 (2004 No 35): section YA 2
Health and Disability Services Amendment Act 1998 (1998 No 74): section 5(4)
Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106): section 25(2)(d)
Commerce Amendment Act 1994 (1994 No 135): section 2(2)
Finance Act Commencement Order (No 2) 1994 (SR 1994/266)
Finance Act Commencement Order 1994 (SR 1994/253)