Victorian Current Acts Victorian Current ActsSchedule 2—Transitional provisions
1 Definitions
In this Schedule—
"commencement day" means 1 July 2001;
"former Act" means the Stamps Act 1958 .
2 Savings and transitional regulations
The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act.
3 Application of Interpretation of Legislation Act 1984
Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
Sch. 2 cl. 4 amended by No. 46/2001 s. 29(1).
This Act applies to instruments first executed on or after the commencement day.
5 Provisions relating to Chapter 2 (Transactions concerning dutiable property)
(1) The duty charged by Chapter 2 is charged on dutiable transactions that occur on or after the commencement day, except as provided by this clause.
(2) Section 24 extends to dutiable transactions at least one of which occurred before the commencement day and at least one of which occurred on or after the commencement day if they occurred within 12 months and the other provisions of section 24 are satisfied.
(3) However, subclause (2) does not apply so as to aggregate transactions that occurred before the commencement day and that would not have been aggregated under the law in force immediately before that day.
Sch. 2
cl. 5(3A) inserted by No. 46/2001 s. 29(2).
(3A) Despite subclause (2), section 68 of the former Act continues to apply to a dutiable transaction or series of dutiable transactions that take place on or after 1 July 2001 if the agreement giving rise to that transaction or series of transactions was entered into before 1 July 2001.
(4) Section 35 extends to—
(a) a transfer of dutiable property to a trustee or nominee; and
(b) the payment of duty on that transfer—
before the commencement day if the transfer back to the transferor occurs on or after that day.
Sch. 2 cl. 5(5) amended by Nos 79/2001 s. 11(1), 84/2006 s. 7.
(5) Without limiting clause 12, the reference in section 36(1)(a), 36A(1)(a), 36B(1)(a) or 41A(1)(a) to duty charged by this Act includes a reference to duty charged by the former Act.
Sch. 2 cl. 5(6) inserted by No. 46/2001 s. 29(3).
(6) Despite anything to the contrary in section 28, the rate of duty chargeable on a transfer of land that is made as a result of an agreement entered into before 21 April 1998 is chargeable to the nearest whole dollar of the amount determined as follows or, if that amount is an amount of dollars and fifty cents, to the nearest whole dollar below that amount—
|
Dutiable value of the land |
Rate of duty |
|---|---|
|
Not more than $20 000 |
1·4% of the dutiable value |
|
More than $20 000 but not more than $100 000 |
$280 plus 2·4% of that part of the dutiable value that exceeds $20 000 |
|
More than $100 000 but not more than $760 000 |
$2200 plus 6% of that part of the dutiable value that exceeds $100 000 |
|
More than $760 000 |
$41 800 plus 5·5% of the dutiable value that exceeds $760 000 |
6 Provisions relating to Chapter 3 (Certain transactions treated as transfers)
(1) The duty that is charged by Chapter 3 is charged on an acquisition that occurs on or after the commencement day except as provided by this clause.
(2) For the purposes of sections 80(2)(e) and 83—
(a) if an acquisition of an interest in a private corporation occurs in a month specified in column 1 of the Table, the period of 3 years specified in sections 80(2)(e) and 83 is taken instead to be the period specified opposite that month in column 2;
TABLE
|
Column 1 Month of acquisition |
Column 2
|
|---|---|
|
July 2001 |
24 months |
|
August 2001 |
25 months |
|
September 2001 |
26 months |
|
October 2001 |
27 months |
|
November 2001 |
28 months |
|
December 2001 |
29 months |
|
January 2002 |
30 months |
|
February 2002 |
31 months |
|
March 2002 |
32 months |
|
April 2002 |
33 months |
|
May 2002 |
34 months |
|
June 2002 |
35 months. |
(b) a reference to duty paid under this Act includes a reference to duty paid under the former Act; and
Sch. 2 cl. 6(2)(c) amended by No. 46/2001 s. 29(4).
(c) a reference to duty paid under
those sections is a reference to duty paid under Subdivision (7) of Division 3
of Part II of the former Act.
Sch. 2 cl. 6(3) substituted by No. 46/2001 s. 29(5).
(3) However, subclause (2) and Chapter 3 do not apply so as to aggregate, for the purpose of determining whether a relevant acquisition has been made or whether duty is chargeable under this Act, interests that were acquired before the commencement day and that would not have been aggregated under the law as in force at the time the interests were acquired.
Sch. 2 cl. 7 substituted by No. 48/2001 s. 8.
7 Provisions relating to the abolition of stamp duty on leases
(1) If stamp duty under the former Act has been paid on any lease or agreement for a lease for any definite term of not less than 2 years and the lease is determined before the expiration of the full term in respect of which duty was paid, the Commissioner must, on application within 3 years after the determination, refund to the lessee or (where the lease has been transferred or assigned) to the transferee or assignee an amount equal to the difference between the stamp duty paid and the stamp duty that would have been payable if the lease had been expressed to expire at the date of determination.
(2) Subclause (1) does not apply if the Commissioner is satisfied that, at any time after the determination of the lease, the lessee or an associate of the lessee has occupied the leased property, or substantially the same property, with the agreement (express or implied) of the lessor (other than as a result of the sale of the property to the lessee or associate).
(3) An application for a refund under this clause must be accompanied by—
(a) the lease or agreement for a lease on which stamp duty was paid; and
(b) a declaration by the applicant stating that neither the lessee nor any associate of the lessee has occupied or will occupy the leased property, or substantially the same property, after the determination of the lease (other than as a result of the sale of the property to the lessee or associate).
(4) A person must not knowingly make a false declaration under subclause (3)(b).
Penalty: 300 penalty units in the case of a body corporate;
60 penalty units in any other case.
(5) In this section—
"determination" includes surrender and forfeiture.
8 Provisions relating to Chapter 6 (Hire of goods)
(1) The duty chargeable by Chapter 6 is charged on a hire of goods that is entered into on or after the commencement day.
(2) A person who, immediately before the commencement day, is registered under section 131AB of the former Act is taken to be registered under Part 2 of Chapter 6.
9 Provisions relating to Chapter 7 (Mortgages)
(1) The duty charged by Chapter 7 is charged on—
(a) a mortgage that is first executed on or after the commencement day; and
Sch. 2 cl. 9(1)(b) amended by No. 46/2001 s. 29(6)(a).
(b) an advance or a further advance that is made on or after the commencement day on a mortgage first executed before the commencement day.
Sch. 2 cl. 9(2) amended by Nos 46/2001 s. 29(6)(b), 79/2001 s. 11(2)(a).
(2) A mortgage duly stamped or not subject to duty under the former Act immediately before the commencement day is on that day taken to be duly stamped under this Act.
(3) A mortgage that is not duly stamped under the former Act immediately before the commencement day is on that day taken to be chargeable with duty under Chapter 7.
Sch. 2 cl. 9(4) inserted by No. 46/2001 s. 29(7), amended by No. 79/2001 s. 11(2)(b).
(4) Despite subclause (1)(b), a mortgage first executed before the commencement day that secures amounts liable or contingently liable under a bill facility referred to in section 150(1)(b) is chargeable with duty under Chapter 7 on or after that day on the amount by which the advances secured by it exceeds the amount secured or contingently secured by it on 30 June 2001.
Sch. 2 cl. 9(5) inserted by No. 46/2001 s. 29(7).
(5) Despite subclause (3), if—
(a) an advance was made under a mortgage before the commencement day, being a mortgage over property partly within and partly outside Victoria; and
(b) the mortgage is not stamped before the commencement day—
duty on the mortgage is to be determined in accordance with section 137DA of the former Act as in force immediately before the commencement day.
Sch. 2 cl. 9(6) inserted by No. 30/2002 s. 13.
(6) Subclause (4) does not apply to the extent that duty has been paid under a corresponding Act on an amount to which that subclause would otherwise apply.
10 Provisions relating to Chapter 8 (Insurance)
(1) The duty charged by Chapter 8 is charged on—
(a) the amount of a premium paid in relation to a contract that effects general insurance; or
(b) a policy of life insurance—
if the contract or policy is effected or renewed on or after the commencement day.
(2) A person who, immediately before the commencement day, is registered under section 96 of the former Act is taken to be registered under Part 2 of Chapter 8.
(3) A person who, immediately before the commencement day, is an approved insurer under section 111D of the former Act is taken to be registered under section 203.
Sch. 2 cl. 11 substituted by No. 30/2002 s. 14.
11 Provisions relating to Chapter 9 (Motor vehicle duty)
The amendments made to Chapter 9 by sections 9 and 10 of the State Taxation Legislation (Further Amendment) Act 2002 apply with respect to applications for registration or transfer of registration of motor vehicles made or lodged on or after 1 July 2002.
12 Duty paid under the former Act
If an assessment or reassessment of duty under this Act is required to take into consideration another amount of duty paid, a reference in this Act to duty includes a reference to duty within the meaning of the former Act that has been paid in accordance with that Act.
13 Stamping under the former Act
An instrument is duly stamped for the purposes of this Act if, immediately before the commencement day, it was duly stamped for the purposes of the former Act.
14 Exemptions from duty under the former Act
If, by a provision of an Act other than the former Act, a transaction or instrument was not chargeable with duty under the former Act immediately before the commencement day, the transaction or instrument is not chargeable with duty under this Act, unless the contrary intention appears.
15 Continuation of former Act and regulations
If a provision of the former Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to that provision—
(a) any other provision of the former Act necessary to give effect to that continued provision; and
(b) any regulation made under the former Act for the purposes of that continued provision.
Sch. 2 cl. 16 inserted by No. 46/2001 s. 30.
16 Authorised persons
(1) A person who, immediately before the commencement day, was an authorized person under section 40A of the former Act is taken to be an authorised person under section 264.
(2) A condition to which the authorization of a person under section 40A was subject immediately before the commencement day is taken to be a condition specified on the person's authorisation by the Commissioner under section 264B.
Sch. 2 cl. 17 inserted by No. 30/2002 s. 15.
17 State Taxation Legislation (Further Amendment) Act 2002
A person is entitled to a refund of any amount paid as duty before the commencement of section 15 of the State Taxation Legislation (Further Amendment) Act 2002 that was not payable under this Act as amended by sections 3(1) and (3), 4, 5, 7(2), 8(3) and 13 of that Act.
Sch. 2 cl. 18 inserted by No. 29/2002 s. 6.
18 State Taxation Acts (Further Tax Reform) Act 2002
Sections 59, 60, 61, 62 and 63, as in force immediately before the commencement of section 4 of the State Taxation Acts (Further Tax Reform) Act 2002 , continue to apply to a transfer that takes place on or after that commencement if the contract of sale giving rise to the transfer was entered into before that commencement.
Sch. 2 cl. 19 inserted by No. 58/2003 s. 18.
19 State Taxation Acts (Miscellaneous Amendments) Act 2003
(1) In ascertaining, for the purposes of the provisions of the former Act specified in subclause (2), the value of anything or the consideration or premium paid for anything, there is to be no discount for the amount of GST (if any) payable on the supply of that thing.
(2) The provisions of the former Act to which subclause (1) applies are—
(a) subdivision (6) of Division 3 of Part II and Heading VI in the Third Schedule (Conveyance of Real Property and Land Transfer);
(b) subdivision (8) of Division 3 of Part II and Heading VIII in the Third Schedule (Lease or Agreement for a Lease);
(c) subdivision (11) of Division 3 of Part II (Insurance and Assurance Business);
(d) subdivision (16) of Division 3 of Part II and Heading XXI in the Third Schedule (Motor Vehicle and Heavy Trailer Registration).
(3) This clause applies, and must be taken always to have applied, from and including 1 July 2000.
(4) Nothing in this clause affects the rights of the parties in the Supreme Court proceeding known as Royal & Sun Alliance Insurance Australia Ltd (ACN 007 746 092) v Commissioner of State Revenue (Vic) (No. 4415 of 2002).
Sch. 2 cl. 20 inserted by No. 46/2004 s. 16.
20 State Taxation Acts (Tax Reform) Act 2004
(1) Sections 59 and 60, as amended by section 8 of the State Taxation Acts (Tax Reform) Act 2004 , apply to a transfer to an eligible pensioner of dutiable property being an estate in fee simple in land if the contract of sale of the land was made on or after 1 May 2004.
(2) Sections 59 and 60, as in force immediately before the commencement of section 8 of the State Taxation Acts (Tax Reform) Act 2004 , continue to apply to a transfer to an eligible pensioner of dutiable property being an estate in fee simple in land after that commencement if the contract of sale of the land was made before 1 May 2004.
Sch. 2 cl. 20(3) inserted by No. 46/2004 s. 17.
(3) An acquisition by a person before the commencement day of an interest in a unit trust scheme that was a public unit trust scheme within the meaning of this Act as in force immediately before the commencement day is an exempt acquisition.
Sch. 2 cl. 20(4) inserted by No. 46/2004 s. 17.
(4) If—
(a) a person who made an acquisition in a private unit trust scheme before the commencement day makes a relevant acquisition in the scheme on or after the commencement day; and
(b) the aggregation of the relevant interests would entitle the person, in the event of the distribution of all the property of the scheme immediately after the later or latest acquisition was made, to 20% or more of the property distributed but less than 50% of that property—
duty is chargeable under section 83 only in respect of the relevant acquisition that occurred on or after the commencement day.
Sch. 2 cl. 20(5) inserted by No. 46/2004 s. 17.
(5) A reference in subclause (4) to a private unit trust scheme is a reference to a scheme that—
(a) was a private unit trust scheme within the meaning of this Act as in force immediately before the commencement day; and
(b) continues to be a private unit trust scheme within the meaning of this Act as in force on and after the commencement day.
Sch. 2 cl. 20(6) inserted by No. 46/2004 s. 17.
(6) This Act, as in force immediately before the commencement day, continues to apply in respect of any transactions occurring on or after that day that resulted from a written agreement made before that day.
Sch. 2 cl. 20(7) inserted by No. 46/2004 s. 17.
(7) Without limiting subclause (6)—
(a) section 89C does not apply if the agreement or arrangement referred to in section 89C(1)(b) was made before the commencement day;
(b) section 89E does not apply to or in relation to an acquisition referred to in that section—
(i) made before the commencement day; or
(ii) made in response to an offer or invitation made or arrangement entered into before that day.
Sch. 2 cl. 20(8) inserted by No. 46/2004 s. 17.
(8) In this clause—
"commencement day" means the day on which section 12 of the State Taxation Acts (Tax Reform) Act 2004 came into operation.
Sch. 2 cl. 21 inserted by No. 36/2005 s. 22.
21 State Taxation Acts (General Amendment) Act 2005
(1) Subject to subclause (2)—
(a) Part 4A of Chapter 2 applies to a transfer resulting from a sale contract that was entered into, or an option that was granted, on or after the commencement day;
(b) section 31, as in force immediately before the commencement day, continues to apply on and after that day to a transfer resulting from an agreement (within the meaning of that section) that was entered into before that day.
(2) If each person who would be liable for duty under section 31 because of subclause (1)(b) in respect of a transfer of dutiable property notifies the Commissioner in writing, those persons may elect to have their liability for duty under this Act in respect of the transfer determined in accordance with Part 4A of Chapter 2 instead of section 31.
(3) The Commissioner and each person who notifies the Commissioner under subclause (2) is bound by an election under that subclause.
(4) Despite its repeal, section 49, as in force immediately before the commencement day, continues to apply on and after that day to a distribution of the assets of a company because of the reduction of the capital of the company if the resolution for the transactions affecting the capital (or a copy of it) was lodged with the Australian Securities and Investments Commission in compliance with Chapter 2J of the Corporations Act before the commencement day.
(5) Despite its repeal, section 50, as in force immediately before the commencement day, continues to apply on and after that day to a distribution of the assets of a company because of the winding up of the company if—
(a) in the case of a voluntary winding up—the resolution for the winding up was passed in compliance with Chapter 5 of the Corporations Act before the commencement day;
(b) in the case of a winding up by the court—the order for the winding up was made before the commencement day.
(6) Despite its repeal, section 234, as in force immediately before the commencement day, continues to apply on and after that day to a distribution of the assets of a company because of the winding up or the reduction of the capital of the company if—
(a) in the case of a voluntary winding up—the resolution for the winding up was passed in compliance with Chapter 5 of the Corporations Act before the commencement day;
(b) in the case of a winding up by the court—the order for the winding up was made before the commencement day;
(c) in the case of a reduction of capital—the resolution for the transactions affecting the capital (or a copy of it) was lodged with the Australian Securities and Investments Commission in compliance with Chapter 2J of the Corporations Act before the commencement day.
(7) In this clause—
"commencement day" means the day after the day on which the State Taxation Acts (General Amendment) Act 2005 receives the Royal Assent.
Sch. 2 cl. 22 inserted by No. 85/2005 s. 16.
22 Duties and Land Tax Acts (Amendment) Act 2005
(1) This clause has effect for the purposes of the definition of listed trust in section 3(1) of this Act.
Sch. 2 cl. 22(2) amended by No. 28/2011 s. 29.
(2) Despite the substitution of the definition by section 3(1)(b) of the Duties and Land Tax Acts (Amendment) Act 2005 , a unit trust scheme that, immediately before the commencement of that section 3(1)(b), was a listed trust for the purposes of this Act continues, on and after that commencement, to be a listed trust for the purposes of this Act while all its units continue to be quoted on the ASX or any exchange of the World Federation of Exchanges.
Sch. 2 cl. 23 inserted by No. 38/2006 s. 6.
23 State Taxation (Reductions and Concessions) Act 2006
(1) Sections 59 and 60, as amended by section 3 of the State Taxation (Reductions and Concessions) Act 2006 , apply to a transfer to an eligible pensioner of dutiable property being an estate in fee simple in land if the contract of sale of the land was entered into on or after 30 May 2006.
(2) Sections 59 and 60, as in force immediately before the commencement day, continue to apply to a transfer to an eligible pensioner of dutiable property being an estate in fee simple in land if the contract of sale of the land was entered into before 30 May 2006.
(3) If an eligible first home owner elects under section 63B to receive a concession under section 62 or 63 in respect of a contract for an eligible transaction entered into on or after 1 January 2006 and he or she has received an amount under section 18(2) of the First Home Owner Grant Act 2000 in respect of the eligible transaction before the commencement day, that amount must be deducted from the amount of the concession.
(4) In this clause, "commencement day" means the day after the day on which the State Taxation (Reductions and Concessions) Act 2006 received the Royal Assent.
Sch. 2 cl. 24 inserted by No. 86/2006 s. 5.
24 State Taxation Legislation Amendment (Housing Affordability) Act 2006
(1) Sections 59 and 60, as amended by section 4 of the State Taxation Legislation Amendment (Housing Affordability) Act 2006 , apply to a transfer to an eligible pensioner of dutiable property being an estate in fee simple in land if the contract of sale of the land was entered into on or after 1 January 2007.
(2) Sections 59 and 60, as in force immediately before the commencement day, continue to apply to a transfer to an eligible pensioner of dutiable property being an estate in fee simple in land if the contract of sale of the land was entered into before 1 January 2007.
(3) Sections 62 and 63, as amended by section 4 of the State Taxation Legislation Amendment (Housing Affordability) Act 2006 , apply to a transfer to an eligible first home owner of dutiable property being an estate in fee simple in land if the contract of sale of the land was entered into on or after 1 January 2007.
(4) Sections 62 and 63, as in force immediately before the commencement day, continue to apply to a transfer to an eligible first home owner of dutiable property being an estate in fee simple in land if the contract of sale of the land was entered into before 1 January 2007.
(5) In this clause, "commencement day" means the day on which the State Taxation Legislation Amendment (Housing Affordability) Act 2006 , received the Royal Assent.
Sch. 2 cl. 25 inserted by No. 22/2007 s. 5.
25 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007
(1) Sections 218(1)(a) and 218(1)(ab), as substituted by section 4 of the State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 , apply to an application for registration or transfer of registration made on or after 1 May 2007.
(2) A taxpayer is entitled to a refund of any duty paid on or after 1 May 2007 that is not payable because of subclause (1).
Sch. 2 cl. 26 inserted by No. 26/2007 s. 111.
(1) Section 267(2), as amended by section 110(b) of the Payroll Tax Act 2007 , applies to an overpayment made on or after 1 July 2004.
(2) Section 267(2), as in force immediately before the commencement of section 110(b) of the Payroll Tax Act 2007 , continues to apply to an overpayment made before 1 July 2004.
Sch. 2 cl. 27 inserted by No. 31/2008 s. 14.
27 State Taxation Acts Amendment Act 2008
(1) Section 21, as amended by section 3 of the State Taxation Acts Amendment Act 2008 , and sections 21A to 21E, as inserted by section 4 of that Act, apply to the transfer of dutiable property if the contract of sale of the land is entered into on or after 1 October 2008.
(2) Section 21, as in force immediately before the commencement of section 3 of the State Taxation Acts Amendment Act 2008 , continues to apply to the transfer of dutiable property if the contract of sale of the land is entered into before 1 October 2008.
(3) Subject to subclause (4), section 28(1), as amended by section 5 of the State Taxation Acts Amendment Act 2008 , applies to a dutiable transaction occurring on or after 6 May 2008.
(4) The rate of duty chargeable on a transfer of dutiable property on or after 6 May 2008 that is made as a result of an agreement entered into before that day is the rate set out in section 28 as in force immediately before the commencement of section 5 of the State Taxation Acts Amendment Act 2008 .
(5) Section 32V, as amended by section 6 of the State Taxation Acts Amendment Act 2008 , applies to a relevant transaction (within the meaning of section 32V) if the date of the relevant transaction is on or after 1 October 2008.
(6) Section 32V, as in force immediately before the commencement of section 6 of the State Taxation Acts Amendment Act 2008 , continues to apply to a relevant transaction (within the meaning of section 32V) if the date of the relevant transaction is before 1 October 2008.
(7) Section 38A applies to a declaration of trust or transfer of dutiable property that occurs on or after 6 May 2008.
(8) Division 4A of Part 5 of Chapter 2, as amended by section 9 of the State Taxation Acts Amendment Act 2008 applies to a PPR transfer of dutiable property being an estate in fee simple in land if the contract for purchase of the land was entered into on or after 6 May 2008.
(9) Sections 59 and 60, as amended by section 10 of the State Taxation Acts Amendment Act 2008 , apply to a transfer to an eligible pensioner of dutiable property being an estate in fee simple in land if the contract for sale of the land was entered into on or after 6 May 2008.
(10) Sections 62 and 63, as amended by section 11 of the State Taxation Acts Amendment Act 2008 , apply to a transfer to an eligible first home owner of dutiable property being an estate in fee simple in land if the contract for sale of the land was entered into on or after 6 May 2008.
(11) A taxpayer is entitled to a refund of any duty paid on or after 6 May 2008 that is not payable because of subclause (3), (4), (7), (8), (9) or (10).
Sch. 2 cl. 28 inserted by No. 84/2008 s. 13.
28 State Taxation Acts Further Amendment Act 2008
(1) Part 4A of Chapter 2, as amended by Division 1 of Part 2 of the State Taxation Acts Further Amendment Act 2008 , applies to a transfer resulting from a sale contract that was entered into, or an option that was granted, on or after the commencement of that Division 1.
(2) Part 4A of Chapter 2, as in force immediately before the commencement of Division 1 of Part 2 of the State Taxation Acts Further Amendment Act 2008 , continues to apply to a transfer resulting from a sale contract that was entered into, or an option that was granted, before that commencement.
(3) Section 55, as amended by section 9 of the State Taxation Acts Further Amendment Act 2008 , applies to a transaction taking place on or after 15 June 2005.
(4) A taxpayer is entitled to a refund of any duty paid that is not payable because of subclause (3).
(5) A person who, immediately before 1 January 2009, was an approved agent under section 94 of the Livestock Disease Control Act 1994 is deemed on and after that day to be registered as an approved agent under section 248A.
(6) The number assigned by the Commissioner under section 94 of the Livestock Disease Control Act 1994 to a person who, immediately before 1 January 2009, was an approved agent under that section is deemed on and after that day to be the number assigned to the person for the purposes of section 248A.
Sch. 2 cl. 29 inserted by No. 28/2011 s. 18.
29 State Taxation Acts Amendment Act 2011—section 63B
Anything done or omitted to be done under this Act or the First Home Owner Grant Act 2000 in respect of a dutiable transaction occurring on or after 1 July 2010 and before the commencement of section 18 of the State Taxation Acts Amendment Act 2011 , that would have been validly done or omitted to be done had section 63B as amended by section 17 of the State Taxation Acts Amendment Act 2011 been in force at that time, is taken to have been validly done or omitted.
Sch. 2 cl. 30 inserted by No. 28/2011 s. 16.
30 State Taxation Acts Amendment Act 2011—Division 5 of Part 5 of Chapter 2
(1) Division 5 of Part 5 of Chapter 2, as amended by Division 2 of Part 2 of the State Taxation Acts Amendment Act 2011 , applies to a transfer to an eligible pensioner, within the meaning of that Division as in force immediately after 1 July 2011, of dutiable property being an estate in fee simple in land if the contract of sale of the land was entered into on or after 1 July 2011.
(2) Division 5 of Part 5 of Chapter 2, as in force immediately before 1 July 2011, continues to apply to a transfer to an eligible pensioner, within the meaning of that Division as in force immediately before 1 July 2011, of dutiable property being an estate in fee simple in land if the contract of sale of the land was entered into on or before 30 June 2011.
(3) A taxpayer is entitled to a refund of any duty paid on or after 1 July 2011 that is not payable because of subclause (1) or (2).
Sch. 2 cl. 31 inserted by No. 38/2012 s. 12.
31 Duties Amendment (Landholder) Act 2012
(1) This clause applies despite anything to the contrary in this Act.
(2) An acquisition by a person before 1 July 2009 of an interest in a private unit trust scheme, private company, wholesale unit trust scheme or public unit trust scheme must not be aggregated under section 78(1)(a)(ii) with an acquisition by the person, an associated person or any person in an associated transaction on or after 1 July 2012 of an interest in the scheme or company.
(3) An acquisition by a person before 1 July 2012 of an interest in a listed company must not be aggregated under section 78(1)(a)(ii) with an acquisition by the person, an associated person or any person in an associated transaction on or after 1 July 2012 of an interest in the company.
(4) An acquisition by a person before 1 July 2012 of an economic entitlement must not be aggregated under section 81 with an acquisition by the person or an associated person on or after 1 July 2012 of an economic entitlement.
(5) Duty is not chargeable under section 86 in respect of an interest acquired by a person in a private unit trust scheme, private company or wholesale unit trust scheme on or after 1 July 2009 and before 1 July 2012 if the scheme or company was not a land rich landholder within the meaning of section 71(2) as in force at the time the interest was acquired.
(6) A unit trust scheme that, immediately before the commencement day, was registered as a wholesale unit trust scheme under Division 7 of Part 2 of Chapter 3, as in force at that time, is taken to be registered under Division 6 of Part 2 of Chapter 3 for the period ending on the date that registration of the unit trust scheme would have expired under section 89Q(2) , as in force immediately before the commencement day.
(7) A public unit trust scheme that, immediately before the commencement day, was registered as a registered declared public unit trust scheme under section 89N, as in force at that time, is taken to be registered under section 89R for the period ending on the date that registration of the unit trust scheme would have expired under section 89Q(2), as in force immediately before the commencement day.
Sch. 2 cl. 31(7A) inserted by No. 41/2013 s. 27.
(7A) An acquisition by a person before 1 July 2009 of an interest in a private unit trust scheme, private company, wholesale unit trust scheme or public unit trust scheme that was not land rich under this Act as in force on the date of that acquisition is not to be taken into account in determining whether an acquisition on or after 1 July 2012 of an interest in the scheme or company is a relevant acquisition of a further interest under section 78(1)(b).
(8) In this clause, "commencement day "means the day on which section 12 of the Duties Amendment (Landholder) Act 2012 comes into operation.
Sch. 2 cl. 32 inserted by No. 40/2014 s. 9.
32 Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014
A person who, immediately before 1 July 2014, was registered as a general insurer or a life insurer under Chapter 8 (as in force immediately before that day) is taken, on and after that day, to be registered as an insurer under Part 2 of Chapter 8 (as in force on and after that day).
Sch. 2 cl. 33 inserted by No. 26/2015 s. 24.
33 State Taxation Acts Amendment Act 2015
(1) Chapter 2, as in force immediately before 1 July 2015, applies in respect of any dutiable transaction entered into before that day under which a land-related interest in residential property is transferred to a foreign purchaser.
(2) Chapter 3, as in force immediately before 1 July 2015, applies in respect of any relevant acquisition of an interest in a landholder that holds a land-related interest in residential property if the agreement or arrangement for the relevant acquisition was entered into by a foreign purchaser before that day.
Sch. 2 cl. 34 inserted by No. 40/2016 s. 9.
34 State Taxation and Other Acts Amendment Act 2016—residential property and rate for foreign purchaser duty
Chapters 1 and 2, as in force immediately before 1 July 2016, apply in respect of any dutiable transaction entered into on or after 1 July 2015 but before 1 July 2016 under which a land-related interest in residential property is transferred to a foreign purchaser.
Sch. 2 cl. 35 inserted by No. 40/2016 s. 9.
35 State Taxation and Other Acts Amendment Act 2016—residential property for the purposes of Chapter 3
The definition of residential property set out in section 3(1), as in force immediately before 1 July 2016, applies in respect of any acquisition of an interest in a landholder that holds a land‑related interest in residential property if the agreement or arrangement for the acquisition was entered into by a foreign purchaser on or after 1 July 2015 but before 1 July 2016.
Sch. 2 cl. 36 inserted by No. 40/2016 s. 9.
36 State Taxation and Other Acts Amendment Act 2016—2015-2016 agreements and arrangements for significant interest foreign purchaser acquisitions
(1) This clause applies if—
(a) a foreign purchaser entered into an agreement or arrangement on or after 1 July 2015 but before 1 July 2016 for the acquisition of an interest in a landholder that holds a land-related interest in residential property; and
(b) the acquisition, when made, is an acquisition of an interest referred to in section 78(1)(a)(i).
(2) Despite anything in this Act, if any duty is chargeable under Part 2 of Chapter 3 and is required to be calculated in accordance with section 86(1), that duty must be calculated in accordance with that subsection but using the rate specified under this Act that would have applied if the acquisition of the interest was made on the day the agreement or arrangement was entered into by the foreign purchaser.
Sch. 2 cl. 37 inserted by No. 40/2016 s. 9.
37 State Taxation and Other Acts Amendment Act 2016—2015-2016 agreements and arrangements for aggregated significant interest foreign purchaser acquisitions
(1) This clause applies if—
(a) a foreign purchaser entered into an agreement or arrangement on or after 1 July 2015 but before 1 July 2016 for the acquisition of an interest in a landholder that holds a land-related interest in residential property; and
(b) the acquisition, when made, is an acquisition of an interest referred to in section 78(1)(a)(ii), or after it is made, becomes an interest of that kind.
(2) Despite anything in this Act, if any duty is chargeable under Part 2 of Chapter 3 and is required to be calculated in accordance with section 86(3), that duty must be calculated in accordance with that subsection but using the rate specified under this Act that would have applied if the acquisition of the interest was made on the day the agreement or arrangement was entered into by the foreign purchaser.
Sch. 2 cl. 38 inserted by No. 40/2016 s. 9.
38 State Taxation and Other Acts Amendment Act 2016—2015-2016 agreements and arrangements for foreign purchaser acquisitions of further interests
(1) This clause applies if—
(a) a foreign purchaser entered into an agreement or arrangement on or after 1 July 2015 but before 1 July 2016 for the acquisition of an interest in a landholder that holds a land-related interest in residential property; and
(b) the acquisition, when made, is an acquisition of a further interest in the landholder referred to in section 78(1)(b).
(2) Despite anything in this Act, if any duty is chargeable under Part 2 of Chapter 3 and is required to be calculated in accordance with section 86(4), that duty must be calculated in accordance with that subsection but using the rate specified under this Act that would have applied if the acquisition was made on the day the agreement or arrangement was entered into by the foreign purchaser.
Sch. 2 cl. 39 inserted by No. 40/2016 s. 9.
39 State Taxation and Other Acts Amendment Act 2016—pre-2015 agreements and arrangements for foreign purchaser acquisitions
(1) This clause applies if—
(a) a foreign purchaser entered into an agreement or arrangement before 1 July 2015 for the acquisition of an interest in a landholder that holds a land-related interest in residential property; and
(b) the acquisition, when made, is an acquisition of an interest referred to in section 78(1), or after it is made, becomes an interest of that kind.
(2) Despite anything in this Act, in calculating any duty chargeable on the acquisition section 28A is to be disregarded.
Sch. 2 cl. 40 inserted by No. 28/2017 s. 44.
40 State Taxation Acts Amendment Act 2017—financial exchanges
A reference to an exchange of the World Federation of Exchanges in the definitions of listed company and "listed trust" in section 3(1) is taken to have always included a reference to the LSE and the NYSE before the commencement of Division 6 of Part 2 of the State Taxation Acts Amendment Act 2017 .
Sch. 2 cl. 41 inserted by No. 28/2017 s. 47.
41 State Taxation Acts Amendment Act 2017—Off-the-plan purchases and principal place of residence
Despite clause 27, sections 21, 32B(6), 32V, 57I(1), 57J, 57JA, 57K(1), 57L(2), 57M(1) and (4), 57N(1) and 60A, as in force immediately before the commencement of Division 1 of Part 2 of the State Taxation Acts Amendment Act 2017 , continue to apply in respect of any dutiable transaction that occurs under a contract of sale entered into before 1 July 2017.
Sch. 2 cl. 42 inserted by No. 28/2017 s. 47.
42 State Taxation Acts Amendment Act 2017—Sub‑sale transactions
Division 3A of Part 4A of Chapter 2 does not apply to a transfer of dutiable property resulting from an option that was granted before the commencement of section 30 of the State Taxation Acts Amendment Act 2017 .
Sch. 2 cl. 43 inserted by No. 22/2018 s. 19.
43 State Taxation Acts Amendment Act 2018—conversion of private unit trust schemes and private companies
(1) Section 89B, as in force immediately before the commencement of section 7 of the State Taxation Acts Amendment Act 2018 , applies if, under an agreement or arrangement entered into before that commencement, a landholder that is a private unit trust scheme becomes, through whatever means, a public unit trust scheme after that commencement.
(2) Section 89C, as in force immediately before the commencement of section 8 of the State Taxation Acts Amendment Act 2018 , applies if, under an agreement or arrangement entered into before that commencement, a landholder that is a private company becomes, through whatever means, a listed company after that commencement.
Sch. 2 cl. 44 inserted by No. 22/2018 s. 19.
44 State Taxation Acts Amendment Act 2018—controlling interests and substantial interests
(1) Section 3A, as in force immediately before the commencement of section 3 of the State Taxation Acts Amendment Act 2018 , applies in respect of the following—
(a) a dutiable transaction that occurs on or after that commencement that transfers a land-related interest in residential property under an agreement or arrangement entered into before that commencement;
(b) an acquisition of an interest in a landholder that holds a land-related interest in residential property under an agreement or arrangement entered into before that commencement.
(2) Section 3B, as in force immediately before the commencement of section 4 of the State Taxation Acts Amendment Act 2018 , applies in respect of the following—
(a) a dutiable transaction that occurs on or after that commencement that transfers a land-related interest in residential property under an agreement or arrangement entered into before that commencement;
(b) an acquisition of an interest in a landholder that holds a land-related interest in residential property under an agreement or arrangement entered into before that commencement.
Sch. 2 cl. 45 inserted by No. 17/2019 s. 34.
45 State Taxation Acts Amendment Act 2019—public unit trust schemes
Section 89B does not apply to a wholesale unit trust scheme that becomes a public unit trust scheme if the wholesale unit trust scheme would not have become a public unit trust scheme had the amendments made by Division 1 of Part 2 of the State Taxation Acts Amendment Act 2019 not come into operation.
Sch. 2 cl. 46 inserted by No. 17/2019 s. 34.
46 State Taxation Acts Amendment Act 2019—fixtures
The amendments made by Division 2 of Part 2 of the State Taxation Acts Amendment Act 2019 do not apply to a dutiable transaction that occurs on or after the commencement of that Division under an arrangement made before that commencement.
Sch. 2 cl. 47 inserted by No. 17/2019 s. 34.
47 State Taxation Acts Amendment Act 2019—economic entitlements
The amendments made by Division 3 of Part 2 of the State Taxation Acts Amendment Act 2019 do not apply in relation to an arrangement made before the commencement of that Division.
Sch. 2 cl. 48 inserted by No. 17/2019 s. 34.
48 State Taxation Acts Amendment Act 2019—rate for foreign purchaser duty
Section 28A, as in force immediately before 1 July 2019, continues to apply in respect of any dutiable transaction entered into on or after 1 July 2016 but before 1 July 2019 under which a land-related interest in residential property is transferred to a foreign purchaser.
Sch. 2 cl. 49 inserted by No. 17/2019 s. 34.
49 State Taxation Acts Amendment Act 2019—agreements and arrangements for significant interest foreign purchaser acquisitions
(1) This clause applies if—
(a) a foreign purchaser entered into an agreement or arrangement on or after 1 July 2016 but before 1 July 2019 for the acquisition of an interest in a landholder that holds a land-related interest in residential property; and
(b) the acquisition, when made, is an acquisition of an interest referred to in section 78(1)(a)(i).
(2) Despite anything in this Act, if any duty is chargeable under Part 2 of Chapter 3 and is required to be calculated in accordance with section 86(1), that duty must be calculated in accordance with that subsection but using the rate specified under this Act that would have applied if the acquisition of the interest was made on the day the agreement or arrangement was entered into by the foreign purchaser.
Sch. 2 cl. 50 inserted by No. 17/2019 s. 34.
50 State Taxation Acts Amendment Act 2019—agreements and arrangements for aggregated significant interest foreign purchaser acquisitions
(1) This clause applies if—
(a) a foreign purchaser entered into an agreement or arrangement on or after 1 July 2016 but before 1 July 2019 for the acquisition of an interest in a landholder that holds a land-related interest in residential property; and
(b) the acquisition, when made, is an acquisition of an interest referred to in section 78(1)(a)(ii), or after it is made, becomes an interest of that kind.
(2) Despite anything in this Act, if any duty is chargeable under Part 2 of Chapter 3 and is required to be calculated in accordance with section 86(3), that duty must be calculated in accordance with that subsection but using the rate specified under this Act that would have applied if the acquisition of the interest was made on the day the agreement or arrangement was entered into by the foreign purchaser.
Sch. 2 cl. 51 inserted by No. 17/2019 s. 34.
51 State Taxation Acts Amendment Act 2019—agreements and arrangements for foreign purchaser acquisitions of further interests
(1) This clause applies if—
(a) a foreign purchaser entered into an agreement or arrangement on or after 1 July 2016 but before 1 July 2019 for the acquisition of an interest in a landholder that holds a land-related interest in residential property; and
(b) the acquisition, when made, is an acquisition of a further interest in the landholder referred to in section 78(1)(b).
(2) Despite anything in this Act, if any duty is chargeable under Part 2 of Chapter 3 and is required to be calculated in accordance with section 86(4), that duty must be calculated in accordance with that subsection but using the rate specified under this Act that would have applied if the acquisition was made on the day the agreement or acquisition was entered into by the foreign purchaser.
Sch. 2 cl. 52 inserted by No. 17/2019 s. 34.
52 State Taxation Acts Amendment Act 2019—corporate reconstructions
(1) The old provisions apply in respect of an eligible transaction (within the meaning of section 250A as in force immediately before 1 July 2019) if the agreement or arrangement for the eligible transaction was entered into before 1 July 2019.
(2) Without limiting subclause (1), the Commissioner may—
(a) on application, grant an exemption under the old provisions in respect of an eligible transaction the agreement or arrangement for which was entered into before 1 July 2019; and
(b) revoke or deal with the exemption under the old provisions as if they had not been amended by the State Taxation Acts Amendment Act 2019 .
(3) Despite the State Taxation Acts Amendment Act 2019 , an exemption granted by the Commissioner under the old provisions that is in effect immediately before 1 July 2019—
(a) continues in effect on and after that day; and
(b) the old provisions continue to apply to the exemption.
(4) In this clause—
"old provisions" means Division 1 of Part 2 of Chapter 11 as in force immediately before 1 July 2019.
Sch. 2 cl. 53 inserted by No. 17/2019 s. 34.
53 State Taxation Acts Amendment Act 2019—corporate consolidations
(1) The old provisions apply in respect of an eligible transaction (within the meaning of section 250DC as in force immediately before 1 July 2019) if the agreement or arrangement for the eligible transaction was entered into before 1 July 2019.
(2) Without limiting subclause (1), the Commissioner may—
(a) on application, grant an exemption under the old provisions in respect of an eligible transaction the agreement or arrangement for which was entered into before 1 July 2019; and
(b) revoke or deal with the exemption under the old provisions as if they had not been amended by the State Taxation Acts Amendment Act 2019 .
(3) Despite the State Taxation Acts Amendment Act 2019 , an exemption granted by the Commissioner under the old provisions that is in effect immediately before 1 July 2019—
(a) continues in effect on and after that day; and
(b) the old provisions continue to apply to the exemption.
(4) In this clause—
"old provisions" means Division 1A of Part 2 of Chapter 11 as in force immediately before 1 July 2019.
Sch. 2 cl. 54 inserted by No. 17/2019 s. 34.
54 State Taxation Acts Amendment Act 2019—exchange of stapled ownership interests for ownership interests in a unit trust scheme
(1) The old provisions apply in respect of a relevant acquisition to which section 83 applies made in the course of, or as a result of, a roll-over (within the meaning of section 250DH) if the agreement or arrangement for the relevant acquisition was entered into before 1 July 2019.
(2) Without limiting subclause (1), the Commissioner may—
(a) on application, grant an exemption under the old provisions in respect of a relevant acquisition to which section 83 applies made in the course of, or as a result of, a roll-over (within the meaning of section 250DH) the agreement or arrangement for which was entered into before 1 July 2019; and
(b) revoke or deal with the exemption under the old provisions as if they had not been amended by the State Taxation Acts Amendment Act 2019 .
(3) Despite the State Taxation Acts Amendment Act 2019 , an exemption granted by the Commissioner under the old provisions that is in effect immediately before 1 July 2019—
(a) continues in effect on and after that day; and
(b) the old provisions continue to apply to the exemption.
(4) In this clause—
"old provisions" means Division 1B of Part 2 of Chapter 11 as in force immediately before 1 July 2019.
Sch. 2 cl. 55 inserted by No. 17/2019 s. 34.
55 State Taxation Acts Amendment Act 2019—penalties and interest under Division 2 of Part 2 of Chapter 11
Despite the repeal of Division 2 of Part 2 of Chapter 11 by the State Taxation Acts Amendment Act 2019 , that Division as in force immediately before 1 July 2019 continues to apply in relation to any exemption that is revoked—
(a) under Division 1, 1A or 1B of Part 2 of Chapter 11 as in force immediately before 1 July 2019; or
(b) under Division 1, 1A or 1B of Part 2 of Chapter 11 as continued under clauses 52, 53 or 54.
Sch. 2 cl. 56 inserted by No. 46/2019 s. 6.
56 State Taxation Acts Further Amendment Act 2019—young farmers
(1) Division 7 of Part 5 of Chapter 2, as in force immediately before the commencement day, continues to apply in respect of a transfer of dutiable property on or after that day if the contract for the transfer was entered into before that day.
(2) In this clause—
"commencement day" means the day on which Division 1 of Part 2 of the State Taxation Acts Further Amendment Act 2019 comes into operation.
Sch. 2 cl. 57 inserted by No. 46/2019 s. 8.
57 State Taxation Acts Further Amendment Act 2019—insurance duty
Chapter 8 must be taken to have applied at all times on and after 1 July 2014 as if the amendments made to that Chapter by section 7 of the State Taxation Acts Further Amendment Act 2019 had come into operation on that day.
Note
1 July 2014 is the date on which the amendments to Chapter 8 made by the Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014 came into operation.
Sch. 2 cl. 58 inserted by No. 22/2021 s. 10.
58 State Taxation and Mental Health Acts Amendment Act 2021—general rate of duty
Section 28(1), as in force immediately before the commencement of section 6 of the State Taxation and Mental Health Acts Amendment Act 2021 , continues to apply in respect of a dutiable transaction or an acquisition of an interest in a landholder that occurs on or after that commencement under an agreement or arrangement entered into before that commencement.
Sch. 2 cl. 59 inserted by No. 18/2023 s. 19.
59 State Taxation Acts Amendment Act 2023—Division 5 of Part 5 of Chapter 2
(1) Division 5 of Part 5 of Chapter 2 and section 57FC(4), as in force immediately before 1 July 2023, continue to apply to a transfer to an eligible pensioner, within the meaning of that Division as in force immediately before 1 July 2023, of dutiable property, being an estate in fee simple in land, if the contract of sale of the land was entered into before 1 July 2023.
(2) A taxpayer is entitled to a refund of any duty paid on or after 1 July 2023 that is not payable because of subclause (1).
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