Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DUTIES ACT 2008 - SECT 149

149 .         Determining entitlement to land assets and chattels

        (1)         In determining the entitlement of a landholder or other entity to land assets, chattels, or land assets and chattels, for the purposes of this Chapter —

            (a)         if the landholder or other entity has entered into an agreement to acquire an interest in land assets, chattels, or land assets and chattels the agreement is to be regarded as having been completed even if it has not yet been completed; and

            (b)         if the landholder or other entity has entered into an agreement to dispose of an interest in land assets, chattels, or land assets and chattels, but the agreement has not yet been completed, the agreement is to be disregarded.

        (2)         In determining the entitlement of an entity to land assets, chattels, or land assets and chattels, for the purposes of this Chapter —

            (a)         an entity that is a partnership is taken to be entitled to land assets or chattels if the partnership property is or includes those land assets or chattels; and

            (b)         an entity that is a unit trust scheme or the trustee of a discretionary trust is taken to be entitled to land assets or chattels if the trust property is or includes those land assets or chattels.

        [(2A), (3) and (4) deleted]

        [Section 149 amended: No. 33 of 2011 s. 5; No. 12 of 2019 s. 57.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback