Western Australian Current Acts Western Australian Current Acts (1) If, on an
exemption application made in accordance with section 262, it is shown to the
satisfaction of the Commissioner that —
(a)
there has been a relevant transaction; or
(b) a
relevant reconstruction transaction referred to in section 260(1)(b) will
occur,
the Commissioner must
exempt the transaction from the duty that would otherwise be chargeable unless
subsection (4) applies.
(2) If an assessment
for a relevant transaction was made before it is exempted, the Commissioner
must reassess the transaction.
(3) If an assessment
for a relevant transaction was not made before it is exempted, the
Commissioner must —
(a) if
the transaction is one referred to in section 260(1)(b) — issue a
certificate of the exemption to the applicant; or
(b)
otherwise — make an official assessment of the transaction determining
that it is exempt from duty.
(4) An exemption
cannot be granted in relation to a relevant transaction if —
(a) the
Commissioner is satisfied that the transaction is part of a scheme or
arrangement that has been, or is to be, entered into or carried out by a
person —
(i)
for a purpose of avoiding or reducing any liability of a
person for duty; or
(ii)
for the sole or dominant purpose of avoiding or reducing
any liability of a person for tax other than duty;
or
(b) the
Commissioner is satisfied that the exemption would be revoked under
section 264A because of the occurrence of a notifiable event referred to in
that section; or
(c) any
member of the family has an outstanding tax liability.
[Section 263 amended: No. 12 of 2019 s. 123.]