Western Australian Current Acts

DUTIES ACT 2008 - SECT 278

278 .         Caveat as to dutiable transaction not to be registered unless transaction is duty endorsed or lodged

        (1)         In this section —

        caveat means a caveat lodged under the Mining Act 1978 ;

        registrar means a mining registrar as defined in the Mining Act 1978 section 8(1).

        (2)         If a caveat relates to a dutiable transaction, the registrar must reject the caveat unless the registrar is satisfied, on evidence provided by the person lodging the caveat —

            (a)         that the transaction has been duty endorsed; or

            (b)         that a transaction record for the transaction has been lodged for duty endorsement in accordance with section 23.

        Penalty: a fine of $20 000.

        (3)         It is a defence to a charge of an offence under subsection (2) to prove that the accused person did not know and could not reasonably have been expected to have known that the caveat related to a dutiable transaction.

        (4)         If a caveat relates to a transaction that is not a dutiable transaction, the registrar may reject the caveat unless when it is lodged it is accompanied by a statutory declaration —

            (a)         stating that the transaction is not a dutiable transaction; and

            (b)         setting out why the transaction is not a dutiable transaction (including reference to any relevant provisions of a duties Act).

        [Section 278 amended: No. 2 of 2014 s. 55.]