Western Australian Current Acts

DUTIES ACT 2008 - SECT 88A

88A .         General conditional agreements, no duty on if terminated on relevant grounds

        (1)         Duty is not chargeable on a general conditional agreement if, after an instrument effecting or evidencing the agreement has been lodged under section 23 but before duty on the transaction is paid, or is due to be paid, under section 25 (whichever is the earlier in time) —

            (a)         the agreement is terminated on relevant grounds; and

            (b)         the Commissioner is notified of the termination of the agreement in the approved form.

        (2)         A general conditional agreement is terminated on relevant grounds if —

            (a)         it is not carried into effect because the condition to which it is or was subject cannot be fulfilled for reasons that are not within the control of a party to the agreement, or a person that is related (within the meaning given in section 87(5)) to a party to the agreement; and

            (b)         duty is not chargeable on the agreement under section 107 because it is a cancelled transaction.

        [Section 88A inserted: No. 17 of 2010 s. 9.]