Western Australian Current Acts

DUTIES ACT 2008 - SECT 81

81 .         Transactions for particular WA business assets that are not dutiable transactions

        (1)         The transfer, or an agreement for the transfer, of a Western Australian business asset from a franchisor in accordance with a franchise arrangement, is not a dutiable transaction unless another person has relinquished, or agreed not to extend, that business asset or a business asset of the same kind so that the franchisee could acquire that business asset.

        (2)         A transaction is not a dutiable transaction if the only dutiable property the subject of the transaction is intellectual property of a business.

        (3)         A transaction referred to in subsection (2) is a dutiable transaction if, under section 37, it is aggregated with a transaction that is a dutiable transaction for a Western Australian business asset, a fixed infrastructure control right, a fixed infrastructure access right or a fixed infrastructure statutory licence, and the transactions are treated as a single dutiable transaction.

        (4)         For the purposes of section 11(1)(f), new dutiable property that is a Western Australian business asset referred to in section 17(1)(c) is not acquired unless subsection (5) applies.

        (5)         If a person —

            (a)         carries on, or has carried on, a business (the first business ); and

            (b)         creates intellectual property, a restraint of trade arrangement or a business identity related to the first business for the purpose of the carrying on of the first business or another business by another person,

                then, subject to subsections (2) and (3), the creation of the intellectual property, restraint of trade arrangement or business identity is the acquisition by that other person of a Western Australian business asset of the first business.

        [Section 81 amended: No. 12 of 2019 s. 32.]