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DUTIES ACT 1997 - SECT 54
Change in trustees
54 Change in trustees
(1) In this section--
"dutiable trust property" means dutiable property that is trust property.
"licensed trustee company" means a licensed trustee company within the meaning
of Chapter 5D of the Corporations Act 2001 of the Commonwealth.
"new trustee" means a trustee appointed in substitution for a trustee or a
trustee appointed in addition to a trustee or trustees.
"responsible entity" means a responsible entity within the meaning of the
Corporations Act 2001 of the Commonwealth.
"special trustee" means-- (a) a licensed trustee company in its capacity as
trustee or administrator of a deceased estate, and
(b) the trustee of a
complying superannuation fund, within the meaning of section 42 of the
Superannuation Industry (Supervision) Act 1993 of the Commonwealth, in its
capacity as trustee of that fund.
(2) Duty of $100 is chargeable in respect
of a transfer of dutiable trust property to a special trustee as a consequence
of the retirement of a trustee or the appointment of a new trustee.
(2A) Duty
of $100 is chargeable in respect of a transfer of dutiable trust property to
any of the following as a consequence of the retirement of a trustee or the
appointment of a new trustee if the Chief Commissioner is satisfied that the
transfer is not part of a scheme to avoid duty that involves conferring an
interest, in relation to the dutiable trust property, on a new trustee or any
other person (whether or not as a beneficiary) so as to cause any person to
cease holding the whole or any part of a beneficial interest (or potential
beneficial interest) in that property-- (a) a licensed trustee company that is
not a special trustee,
(b) a trustee of a self managed superannuation fund,
(c) a trustee of a special disability trust.
(3) Duty of $100 is chargeable
in respect of a transfer of dutiable trust property to a person (other than to
a licensed trustee company, a special trustee, a trustee of a self managed
superannuation fund or a trustee of a special disability trust) as a
consequence of the retirement of a trustee or the appointment of a new trustee
if the Chief Commissioner is satisfied that, as the case may be-- (a) none of
the continuing trustees remaining after the retirement of a trustee is or can
become a beneficiary under the trust, and
(b) none of the trustees of the
trust after the appointment of a new trustee is or can become a beneficiary
under the trust, and
(c) the transfer is not part of a scheme to avoid duty
that involves conferring an interest, in relation to the
dutiable trust property, on a new trustee or any other person (whether or not
as a beneficiary) so as to cause any person to cease holding the whole or any
part of a beneficial interest (or potential beneficial interest) in that
property.
If the Chief Commissioner is not so satisfied, the transfer is
chargeable with the same duty as a transfer to a beneficiary under and in
conformity with the trusts subject to which the property is held, unless
subsection (3A) applies.
(3A) Duty of $100 is chargeable in respect of a
transfer of dutiable trust property as a consequence of the retirement of a
responsible entity of a managed investment scheme or the appointment of a new
responsible entity of a managed investment scheme if the Chief Commissioner is
satisfied that the only beneficial interest acquired by a person in relation
to the dutiable trust property as a result of the transfer is a beneficial
interest acquired by the replacement or new responsible entity solely because
of its appointment as responsible entity for the scheme.
(3B) Duty of $100 is
chargeable in respect of a vesting of land in New South Wales by, or expressly
authorised by, statute law (as referred to in section 8 (1) (b) (vii)) in a
person or responsible entity if the Chief Commissioner is satisfied that
subsection (2), (2A), (3) or (3A) would apply in respect of the
dutiable transaction if it were a transfer of dutiable property.
(4) Duty of
$100 is chargeable in respect of a transfer of dutiable trust property to a
responsible entity if the Chief Commissioner is satisfied that the transfer is
necessary to enable an undertaking that existed before the commencement of
Chapter 5C of the Corporations Law to become a registered scheme within the
meaning of Division 11 of Part 11.2 of the Corporations Law (as continued in
effect by section 1408 of the Corporations Act 2001 of the Commonwealth).
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