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This is a Bill, not an Act. For current law, see the Acts databases.


DUTIES AMENDMENT BILL 2011

                   Western Australia


     Duties Amendment Bill 2011

                      CONTENTS


     Part 1 -- Preliminary
1.   Short title                                              2
2.   Commencement                                             2
3.   Act amended                                              2
     Part 2 -- Retrospective amendments
          to Duties Act 2008
4.   Section 3 amended                                        3
5.   Section 149 amended                                      3
     Part 3 -- Transitional provisions
          inserted in Duties Act 2008
6.   Schedule 3 Division 5 inserted                           5
     Division 5 -- Provisions for Duties Amendment
            Act 2011
     33.       Term used: relevant period                5
     34.       When transfer duty deemed to arise in
               certain cases                             5
     35.       When landholder duty deemed to arise in
               certain cases                             6




                         220--1                               page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



              Duties Amendment Bill 2011


                               A Bill for


An Act to amend the Duties Act 2008.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Duties Amendment Bill 2011
     Part 1       Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Duties Amendment Act 2011.

4    2.       Commencement
5             This Act comes into operation, or is deemed to have come into
6             operation, as follows --
7               (a) Part 1 comes into operation on the day on which this Act
8                     receives the Royal Assent (assent day);
9              (b) Part 2 is deemed to have come into operation on
10                    24 December 2010;
11              (c) Part 3 comes into operation on the day after assent day.

12   3.       Act amended
13            This Act amends the Duties Act 2008.




     page 2
                                                       Duties Amendment Bill 2011
                         Retrospective amendments to Duties Act 2008       Part 2

                                                                                     s. 4



1    Part 2 -- Retrospective amendments to Duties Act 2008
2    4.          Section 3 amended
3                In section 3 in the definition of land:
4                  (a) after paragraph (b) insert:
5

6                        (ca)   an estate or interest in a mining tenement; and
7                        (cb)   anything that --
8                                 (i) under the authority (whether direct or
9                                       indirect) of a mining tenement, is fixed
10                                      to land that is the subject of that mining
11                                      tenement; and
12                               (ii) would be part of that land as a fixture if
13                                      the mining tenement were a freehold
14                                      estate in the land;
15                              and
16

17                 (b)    after paragraph (c) insert:
18

19                       (da)   a pipeline, as defined in the Petroleum
20                              Pipelines Act 1969 section 4(1), constructed on
21                              land under the authority of a licence under that
22                              Act; and
23

24   5.          Section 149 amended
25        (1)    After section 149(1) insert:
26

27              (2A)     For the purposes of subsections (2) and (3), the
28                       following are to be taken to be part of land as a
29                       fixture --
30                         (a) anything that --
31                                 (i) under the authority (whether direct or
32                                      indirect) of a mining tenement, is fixed

                                                                               page 3
     Duties Amendment Bill 2011
     Part 2       Retrospective amendments to Duties Act 2008

     s. 5



1                                   to land that is the subject of that mining
2                                   tenement; and
3                             (ii) would be part of that land as a fixture if
4                                   the mining tenement were a freehold
5                                   estate in the land;
6                    (b)    a pipeline, as defined in the Petroleum
7                           Pipelines Act 1969 section 4(1), constructed on
8                           land under the authority of a licence under that
9                           Act.
10

11      (2)   After section 149(3) insert:
12

13            (4)   In subsections (2A), (2) and (3), a reference to land
14                  does not include anything that is land under
15                  paragraph (cb), (da) or (d) of the definition of land in
16                  section 3.
17




     page 4
                                                          Duties Amendment Bill 2011
                    Transitional provisions inserted in Duties Act 2008       Part 3

                                                                                          s. 6



1         Part 3 -- Transitional provisions inserted in Duties
2                             Act 2008
3    6.           Schedule 3 Division 5 inserted
4                 At the end of Schedule 3 Division 4 insert:
5


6             Division 5 -- Provisions for Duties Amendment Act 2011

7           33.         Term used: relevant period
8                       In this Division --
9                       relevant period means the period beginning on
10                      24 December 2010 and ending on the day before the day on
11                      which the Duties Amendment Act 2011 Part 3 comes into
12                      operation.

13          34.         When transfer duty deemed to arise in certain cases
14                (1)   When this clause uses a term that is used in Chapter 2, the
15                      term has the same meaning in this clause as it has in that
16                      Chapter.
17                (2)   This clause applies to any transaction --
18                        (a)    that became a dutiable transaction during the
19                               relevant period; and
20                        (b)    that would not have become a dutiable
21                               transaction during that period if the Duties
22                               Amendment Act 2011 Part 2 had not been
23                               enacted.
24                (3)   If this clause applies to a transaction, liability (if any) for
25                      transfer duty chargeable on the transaction is to be treated
26                      for all purposes of this Act as arising on the later of --
27                         (a) the day on which the Duties Amendment Act 2011
28                                Part 3 comes into operation; or
29                        (b)    the day on which the liability would ordinarily arise
30                               by the operation of this Act.



                                                                                     page 5
     Duties Amendment Bill 2011
     Part 3       Transitional provisions inserted in Duties Act 2008

     s. 6



1           35.         When landholder duty deemed to arise in certain cases
2                 (1)   When this clause uses a term that is used in Chapter 3, the
3                       term has the same meaning in this clause as it has in that
4                       Chapter.
5                 (2)   This clause applies to any acquisition of an interest in an
6                       entity --
7                         (a)   that became a relevant acquisition during the
8                               relevant period; and
9                         (b)   that would not have become a relevant acquisition
10                              during that period if the Duties Amendment
11                              Act 2011 Part 2 had not been enacted.
12                (3)   If this clause applies to an acquisition of an interest in an
13                      entity, liability (if any) for landholder duty chargeable in
14                      respect of the acquisition is to be treated for all purposes of
15                      this Act as arising on the later of --
16                        (a)   the day on which the Duties Amendment Act 2011
17                              Part 3 comes into operation; or
18                        (b)   the day on which the liability would ordinarily arise
19                              by the operation of this Act.
20




 


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