Western Australian Current Acts

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DUTIES ACT 2008 - SECT 244A

244A .         If transfer is between spouses or de facto partners

        (1)         In this section —

        car or bus means a motor vehicle, other than a motor cycle, or a motorised wheelchair, built mainly to carry people and includes the type of vehicle known as a utility;

        de facto partners of 2 years has the meaning given in section 9;

        goods vehicle means a motor vehicle built or modified to be used primarily to carry goods or materials used in any trade, business or industry;

        motor cycle means a motor vehicle, other than a motorised wheelchair or a goods vehicle, that is not equipped with a permanent cab and cab roof and that —

            (a)         is designed to travel on 2 wheels or, with a sidecar attached, 3 wheels; or

            (b)         has 3 wheels arranged so that the axis of rotation of 2 wheels lies on the same straight line and each of those 2 wheels is equidistant from the third;

        motorised wheelchair means a chair-type vehicle that —

            (a)         is fitted with 3 or more wheels; and

            (b)         is fitted and designed only for the use of persons with a physical disability.

        (2)         Duty is not chargeable on the transfer of a licence for a vehicle if subsections (3), (4), (5) and (6) apply.

        (3)         This subsection applies if the person from whom, and the person to whom, the licence is transferred are married to each other or are de facto partners of 2 years.

        (4)         This subsection applies if neither the person from whom, nor the person to whom, the licence is transferred holds the vehicle as trustee of a trust.

        (5)         This subsection applies if the vehicle is a car or bus or a goods vehicle —

            (a)         with an unloaded mass that does not exceed 3 000 kg; and

            (b)         that is not a heavy vehicle; and

            (c)         that is to be used exclusively for social, domestic or pleasure purposes and is not to be used in any trade, business or industry or for the carrying of passengers, or goods, for hire or reward.

        (6)         This subsection applies if the application for the transfer of the licence is accompanied by, or includes, a declaration in the approved form to the effect that the circumstances described in subsections (3), (4) and (5) apply.

        [Section 244A inserted: No. 27 of 2011 s. 4; amended: No. 8 of 2012 s. 94; No. 12 of 2019 s. 117.]



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