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


DUTIES AMENDMENT BILL (NO. 2) 2011

                     Western Australia


     Duties Amendment Bill (No. 2) 2011

                        CONTENTS


1.      Short title                                           2
2.      Commencement                                          2
3.      Act amended                                           2
4.      Section 244A inserted                                 2
        244A.    Transfers between spouses or de facto
                 partners                                2




                           214--1                             page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



         Duties Amendment Bill (No. 2) 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 (No. 2) 2011



     s. 1




1    1.       Short title
2             This is the Duties Amendment Act (No. 2) 2011.

3    2.       Commencement
4             This Act comes into operation as follows --
5              (a) sections 1 and 2 come into operation on the day on
6                    which this Act receives the Royal Assent (assent day);
7              (b) the rest of the Act --
8                       (i) comes into operation on 1 July 2011 if assent day
9                           is not later than that day; or
10                     (ii) is deemed to have come into operation on
11                          1 July 2011 if assent day is later than that day.

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

14   4.       Section 244A inserted
15            After section 243 insert:
16


17          244A.   Transfers between spouses or de facto partners
18            (1)   In this section --
19                  de facto partners of 2 years has the meaning given in
20                  section 9.
21            (2)   Duty is not chargeable on the transfer of a licence for a
22                  vehicle if subsections (3), (4), (5) and (6) apply.
23            (3)   This subsection applies if the person from whom, and
24                  the person to whom, the licence is transferred are
25                  married to each other or are de facto partners of
26                  2 years.



     page 2
                                    Duties Amendment Bill (No. 2) 2011



                                                                    s. 4



1    (4)   This subsection applies if neither the person from
2          whom, nor the person to whom, the licence is
3          transferred holds the vehicle as trustee of a trust.
4    (5)   This subsection applies if the fee that would have been
5          payable under the Road Traffic Act for the grant of a
6          licence to the transferee for the vehicle on the day of
7          the transfer would have been reduced under
8          section 19(3) of that Act for the reason, or for reasons
9          that include the reason, that the vehicle is used
10         exclusively for social, domestic or pleasure purposes
11         and not for the carriage of passengers or goods, for hire
12         or reward or in any business, trade or profession.
13   (6)   This subsection applies if the application for the
14         transfer of the licence is accompanied by, or includes, a
15         declaration in the approved form to the effect that the
16         circumstances described in subsections (3), (4) and (5)
17         apply.
18
19




 


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