[s. 286]
Division 1 — Provisions for Duties Act 2008
(1) In this Division
—
relevant acquisition has the meaning given in
section 148.
(2) A reference in
this Division to the time when a transaction takes or took place is a
reference to the time that —
(a) is
applicable under section 19(1); or
(b)
would have been applicable under section 19(1) if the transaction had been
chargeable with transfer duty.
[Clause 1 amended: No. 12 of 2019 s. 131.]
Subdivision 2 — Provisions for Chapter 2
2 . When Ch. 2 starts to apply
Subject to this
Subdivision, Chapter 2 applies in relation to the imposition of transfer duty
on a transaction only if that transaction takes place on or after 1 July 2008.
Without limiting
Chapter 2 Part 4 Division 6, transfer duty is not chargeable on a dutiable
transaction for which there is a transaction record chargeable with duty under
the Stamp Act 1921 .
4 . Alteration of consideration (s. 31)
Section 31(1) and (3)
do not apply if the liability to duty is under the Stamp Act 1921 .
5 . Aggregation (s. 37)
(1) Two or more
transactions are to be aggregated and treated as a single dutiable transaction
under section 37 as long as the last of the transactions takes place on or
after 1 July 2008.
(2) For the purposes
of section 37(6)(a), the dutiable value of a transaction that took place
before 1 July 2008 is —
(a) the
unencumbered value under the Stamp Act 1921 of the property the subject of the
transaction; or
(b) the
consideration for the transaction,
whichever is greater.
(3) If —
(a) a
previous dutiable transaction referred to in section 37(7) took place before 1
July 2008; and
(b) duty
under the Stamp Act 1921 ( stamp duty ) was paid on an instrument effecting or
evidencing the transaction,
a reference in
section 37(7) to duty paid on the transaction is a reference to that stamp
duty.
6 . Exchanges (s. 40)
Without limiting
clause 2, if any of the dutiable transactions referred to in section 40 took
place before 1 July 2008, transfer duty is not chargeable on that transaction.
7 . Exempt bodies (s. 92)
Any body declared to
be an exempt body under the Stamp Act 1921 section 119 is taken to have been
declared to be an exempt body under section 92(1).
8 . Family farm transactions (s. 104 and 105)
(1) Without limiting
clause 25(1)(d), a reference to an exempt family farm transaction in
section 104(a) or 105(1) or (4) includes a reference to a farming exemption as
defined in the Stamp Act 1921 section 75HA(1).
(2) The reference in
section 105(1)(d) to an event already duty endorsed under section 105 includes
a reference to a taxable event referred to in the Stamp Act 1921 section
75HA(2) if —
(a) a
statement has been lodged under the Stamp Act 1921 section 75HA(3) in respect
of that event; and
(b) duty
under the Stamp Act 1921 has been paid in respect of that statement.
9 . Matrimonial and de facto relationship
instruments (s. 129, 130)
(1) Despite clause
25(1)(b), section 132 does not apply to an instrument in respect of which duty
under the Stamp Act 1921 has been paid unless the liability to duty arose on
or after 28 November 2007.
(2) In a case
mentioned in subclause (1), section 132 applies even if the day on which the
instrument became —
(a) a
matrimonial instrument as defined in section 129; or
(b) a de
facto relationship instrument as defined in section 130,
was before 1 July
2008.
10 . First home owners (Part 6 Div. 3)
(1) In determining the
meaning of the term further concessional transaction for the purposes of
Chapter 2 Part 6 Division 3, the transaction referred to in section 142(2) as
the first concessional transaction can be a transaction evidenced by an
instrument (the earlier instrument ) that was —
(a)
executed before 1 July 2008 (but not before 1 July 2004); and
(b)
chargeable with duty under the Stamp Act 1921 section 75AG.
(2) If the first
concessional transaction is a transaction referred to in subclause (1), the
rate and thresholds referred to in section 143(2) are those that applied in
relation to the earlier instrument under the Stamp Act 1921 section 75AG.
[Clause 10 amended: No. 27 of 2015 s. 15.]
[ 11A. Deleted: No. 16 of 2022 s. 25.]
Subdivision 3 — Provisions for Chapter 3
11 . When Ch. 3 starts to apply
Chapter 3 applies in
relation to the imposition of landholder duty in respect of a relevant
acquisition only if that acquisition occurs on or after 1 July 2008.
12 . Acquisitions under an agreement made before 1
July 2008
(1) This clause
applies to an acquisition of an interest in an entity —
(a) that
occurs on or after 1 July 2008; but
(b) is
made under an agreement, whether conditional or not, that was entered into
before 1 July 2008.
(2) Despite
section 176, the acquisition is taken to have occurred when the agreement is
completed.
[ 13. Deleted: No. 32 of 2012 s. 25.]
Subdivision 4 — Provisions for Chapter 4
When this Subdivision
uses a term that is used in Chapter 4, the term has the same meaning in this
Subdivision as it has in Chapter 4 unless the contrary intention appears in
this Subdivision.
15 . When Ch. 4 starts to apply
Chapter 4 applies to
and in relation to —
(a)
premiums, or instalments of premiums, paid on or after 1 July 2008; and
(b)
return periods commencing on or after 1 July 2008.
(1) A person that was,
immediately before 1 July 2008, a registered insurer under the Stamp Act 1921
Part IIIF is taken to have been registered under section 218 on 1 July 2008.
(2) If, immediately
before 1 July 2008, a notice of cancellation of registration issued under the
Stamp Act 1921 section 93B had not come into effect, the notice is taken to
have been issued under section 222.
Subdivision 5 — Provisions for Chapter 5
When this Subdivision
uses a term that is used in Chapter 5, the term has the same meaning in this
Subdivision as it has in Chapter 5 unless the contrary intention appears in
this Subdivision.
18 . When Ch. 5 starts to apply
(1) Chapter 5 applies
to and in relation to the grant or transfer of a licence the application for
which was made on or after 1 July 2008.
(2) Despite subclause
(1), section 242(3) does not apply in respect of the grant of a licence if the
vehicle was licensed or registered outside of Western Australia before 1 July
2008.
19 . New vehicles (s. 228)
In section 228, in the
definition of new vehicle —
(a) the
reference to section 246(1) includes a reference to the Stamp Act 1921 section
76D(5)(a) as in force immediately before 1 July 2008; and
(b) the
reference to section 246(1)(a)(ii) includes a reference to the Stamp Act 1921
section 76D(5)(a)(ii) as in force immediately before 1 July 2008; and
(c) a
reference to section 247(1) includes a reference to the Stamp Act 1921 section
76D(5a)(a) as in force immediately before 1 July 2008.
20 . Specialised vehicles (s. 239)
(1) In
section 239(1)(a), the reference to a specialised vehicle includes a reference
to an eligible vehicle within the meaning of the Stamp Act 1921 section 76B
as in force immediately before section 239 comes into operation.
(2) In
section 239(1)(c), the reference to dutiable value includes a reference to
market value within the meaning of the Stamp Act 1921 section 76B as in force
immediately before 1 July 2008.
21 . Approval of philanthropic purposes (s. 247)
In
section 247(1)(a)(iv), the reference to a philanthropic purpose approved by
the Commissioner includes a reference to a philanthropic purpose approved by
the Commissioner under the Stamp Act 1921 section 76D(5b).
22 . Transfer of vehicles, nominal duty on
(s. 250)
(1) If —
(a) the
Commissioner has, before 1 July 2008, granted an authorisation under the
Stamp Act 1921 section 76C or 112UE in respect of the transfer of a licence;
and
(b) the
transfer of the licence occurs within the 12 month period beginning on 1 July
2008,
then —
(c)
nominal duty is chargeable under section 250 on the transfer of the licence;
and
(d)
either —
(i)
any document evidencing the authorisation may be treated
as a certificate issued by the Commissioner under section 250(2); or
(ii)
the Commissioner may issue a certificate under
section 250(2) as if satisfied of the matters in section 250(2).
(2) If —
(a) the
transfer of a vehicle (within the meaning of that term in Chapter 2) occurred
before 1 July 2008; and
(b) no
application for the transfer of a licence for the vehicle was made before 1
July 2008; and
(c)
under the Stamp Act 1921 section 76C or 112UE no authorisation was applied
for, or, if applied for, the application was not dealt with, before 1 July
2008,
section 250 applies in
respect of the transfer of the vehicle despite the transfer having occurred
before 1 July 2008.
(3) Section 250(6)
does not apply to the transfer of the licence for a vehicle that occurred
before 28 November 2007.
(4) If the transfer of
the licence for a vehicle occurs on or after 28 November 2007, section 250(6)
applies to the transfer of the licence even if the day on which the instrument
referred to in section 250(6)(b) —
(a) came
into existence; or
(b)
became a matrimonial instrument or a de facto relationship instrument,
was before 1 July
2008.
23 . Statements made under Stamp Act 1921 s. 76H
(s. 252)
A statement under or
for the purposes of the Stamp Act 1921 section 76H(1) or (2) has effect as if
given under section 252(1) or (3) (whichever is relevant) to the extent to
which it relates to the grant or transfer of a licence the application for
which was made after 1 July 2008.
Subdivision 6 — Provisions for Chapter 7
24 . When Ch. 7 starts to apply
Chapter 7 applies in
relation to a scheme as defined in section 267(1) only if the scheme, or at
least one of the steps or transactions by which it is carried into effect,
occurs on or after 1 July 2008.
25 . Some references to duty include stamp duty
(1) In this Act, where
appropriate in the context —
(a) a
reference to a transaction record that has been duty endorsed includes a
reference to an instrument that —
(i)
has been, or is taken to have been, endorsed in
accordance with the Stamp Act 1921 section 17C(1); or
(ii)
has been stamped or endorsed under a special tax return
arrangement to indicate the amount of duty under the Stamp Act 1921 paid or
payable under the arrangement or that duty under that Act was not payable in
respect of the instrument;
and
(b) a
reference to a transaction that has been duty endorsed includes a reference to
a transaction to which an instrument referred to in paragraph (a) relates; and
(c) a
reference to duty paid or payable, or that has become chargeable, includes a
reference to duty paid or payable, or that has become chargeable, under the
Stamp Act 1921 ; and
(d) a
reference to a transaction being or having been an exempt transaction, or not
chargeable with duty, includes a reference to a transaction the subject of an
instrument exempt from, or not chargeable with, duty under the Stamp Act 1921
.
(2) Subclause (1)(a)
and (b) do not apply to a reference to duty endorsed in section 31(5), 32(1),
33(2), 34(1) or 280.
(3) Without limiting
subclause (1)(c), if this Act requires another amount of duty to be taken into
account in making an assessment or reassessment of duty, the reference to that
other amount includes, where appropriate in the context, a reference to duty
paid or payable under the Stamp Act 1921 .
26 . Application of some Ch. 8 provisions
(1) Sections 272 and
273 and 275 to 282 apply in relation to a dutiable transaction only if that
transaction takes place on or after 1 July 2008.
(2) Section 274
applies in relation to a dependent transaction only if that transaction takes
place on or after 1 July 2008.
(1) Regulations may be
made for any of the following —
(a) to
resolve any doubts as to which of this Act or the Stamp Act 1921 is
applicable to an instrument, transaction or matter;
(b) to
clarify, vary or add to the provisions of this Division;
(c) to
make further amendments of a transitional nature to the Stamp Act 1921 in
addition to those made by the Duties Legislation Amendment Act 2008 Part 2
Division 1;
(d) to
facilitate or clarify the continued operation of the Stamp Act 1921 in
relation to instruments, transactions or matters to which it applies;
(e)
generally to ensure that duty on an instrument, transaction or matter is
imposed correctly and appropriately under this Act or the Stamp Act 1921 ,
but not under both Acts.
(2) Regulations
referred to in subclause (1) have effect despite any inconsistency with a
taxation Act.
(3) For the purposes
of the Interpretation Act 1984 section 41(1)(b) the day specified in
regulations referred to in subclause (1) may be 1 July 2008 or any later day.
28 . Stamp Act 1921 , references to
(1) In this clause
—
Stamp Act reference means a reference to the
Stamp Act 1921 in —
(a) a
written law other than this Act, the Stamp Act 1921 or the
Taxation Administration Act; or
(b) an
agreement, contract, determination, order or other document.
(2) A Stamp Act
reference is to be read as being or including a reference to this Act if it
would be appropriate in the context to do so.
[Division 2 (cl. 29) deleted: No. 30 of 2008 s. 4.]
[Division 3 (cl. 30) deleted: No. 5 of 2013 s. 7.]
Division 4 — Provisions for Revenue Laws Amendment Act 2010 section 5
[Heading inserted: No. 9 of 2010 s. 6.]
When this Division
uses a term that is used in Chapter 6, the term has the same meaning in this
Division as it has in Chapter 6.
[Clause 31 inserted: No. 9 of 2010 s. 6.]
32 . Certain relevant reconstruction transactions
(1) An exemption
cannot be granted in respect of an acquisition if —
(a) the
acquisition took place on or after the day on which the Revenue Laws Amendment
Act 2010 section 5 is deemed to have come into operation; and
(b) as a
result of the amendment effected by that section, the acquisition is no longer
a relevant reconstruction transaction.
(2) Subclause (1)
applies even if —
(a)
before the day on which the Revenue Laws Amendment Act 2010 receives the Royal
Assent, an application for an exemption in respect of the acquisition was
—
(i)
made; or
(ii)
made and dealt with;
or
(b) a
decision to the contrary in relation to the acquisition was made by the
Commissioner on a pre-transaction decision request under section 261.
(3) The Commissioner
—
(a) is
not bound by a decision referred to in subclause (2)(b); and
(b) must
make any reassessment the Commissioner considers necessary to give effect to
the amendment effected by the Revenue Laws Amendment Act 2010 section 5 and
this clause.
[Clause 32 inserted: No. 9 of 2010 s. 6.]
Division 5 — Provisions for Duties Amendment Act (No. 2) 2011
[Heading inserted: No. 33 of 2011 s. 6.]
33 . Term used: relevant period
In this Division
—
relevant period means the period beginning on 24
December 2010 and ending on the day before the day on which the Duties
Amendment Act (No. 2) 2011 Part 3 comes into operation.
[Clause 33 inserted: No. 33 of 2011 s. 6.]
34 . When transfer duty deemed to arise in certain
cases
(1) When this clause
uses a term that is used in Chapter 2, the term has the same meaning in this
clause as it has in that Chapter.
(2) This clause
applies to any transaction —
(a) that
became a dutiable transaction during the relevant period; and
(b) that
would not have become a dutiable transaction during that period if the Duties
Amendment Act (No. 2) 2011 Part 2 had not been enacted.
(3) If this clause
applies to a transaction, liability (if any) for transfer duty chargeable on
the transaction is to be treated for all purposes of this Act as arising on
the later of —
(a) the
day on which the Duties Amendment Act (No. 2) 2011 Part 3 comes into
operation; or
(b) the
day on which the liability would ordinarily arise by the operation of this
Act.
[Clause 34 inserted: No. 33 of 2011 s. 6.]
35 . When landholder duty deemed to arise in
certain cases
(1) When this clause
uses a term that is used in Chapter 3, the term has the same meaning in this
clause as it has in that Chapter.
(2) This clause
applies to any acquisition of an interest in an entity —
(a) that
became a relevant acquisition during the relevant period; and
(b) that
would not have become a relevant acquisition during that period if the Duties
Amendment Act (No. 2) 2011 Part 2 had not been enacted.
(3) If this clause
applies to an acquisition of an interest in an entity, liability (if any) for
landholder duty chargeable in respect of the acquisition is to be treated for
all purposes of this Act as arising on the later of —
(a) the
day on which the Duties Amendment Act (No. 2) 2011 Part 3 comes into
operation; or
(b) the
day on which the liability would ordinarily arise by the operation of this
Act.
[Clause 35 inserted: No. 33 of 2011 s. 6.]
Division 6 — Provisions for Revenue Laws Amendment Act 2013 Part 2
[Heading inserted: No. 10 of 2013 s. 9.]
The Commissioner may
make an interim assessment of duty payable under Chapter 2 on a dutiable
transaction, or under Chapter 3 in respect of a relevant acquisition, that
occurred before the day on which the Revenue Laws Amendment Act 2013 Part 2
came into operation.
[Clause 36 inserted: No. 10 of 2013 s. 9.]
Division 7 — Provisions for Taxation Legislation Amendment Act 2015
[Heading inserted: No. 1 of 2015 s. 28.]
In this Division
—
amended provisions means sections 156(8)(b) and
195(2)(a) as in force immediately after commencement;
commencement means the day on which the Taxation
Legislation Amendment Act 2015 Part 4 comes into operation;
relevant acquisition means a relevant acquisition
that occurred on or after 1 July 2008 but before commencement.
[Clause 37 inserted: No. 1 of 2015 s. 28.]
38 . Duty on certain relevant acquisitions
(1) The amended
provisions apply, and are to be taken to have always applied, for the purposes
of —
(a)
assessing duty in respect of a relevant acquisition; and
(b)
reassessing duty in respect of a relevant acquisition on an application made
under section 195(3)(b) before whichever is the later of the following —
(i)
5 years after the original assessment was made;
(ii)
12 months after commencement.
(2) Subclause (1)(b)
applies despite the Taxation Administration Act 2003 section 17(4).
[Clause 38 inserted: No. 1 of 2015 s. 28.]
Division 8 — Provisions for Duties Amendment (Additional Duty for
Foreign Persons) Act 2018
[Heading inserted: No. 24 of 2018 s. 15.]
When this Division
uses a term that is used in Chapter 3A, the term has the same meaning in this
Division as it has in Chapter 3A.
[Clause 39 inserted: No. 24 of 2018 s. 15.]
40 . When Ch. 3A Pt. 2 starts to apply
Chapter 3A Part 2
applies in relation to the imposition of foreign transfer duty on a foreign
dutiable transaction only if that transaction takes place on or after 1
January 2019.
[Clause 40 inserted: No. 24 of 2018 s. 15.]
41 . Agreements entered into before 1 January 2019
(1) Foreign transfer
duty is not chargeable on a transfer of residential property to a transferee
in conformity with an agreement for the transfer of residential property if
the agreement is entered into before 1 January 2019.
(2) If an agreement
for the transfer of residential property is entered into before 1 January
2019, foreign transfer duty is not chargeable on the subsequent transfer of
the property if, when liability for transfer duty on the agreement arose, the
person named in the instrument effecting, or evidencing, the agreement as the
purchaser was acting as the agent of the transferee of the subsequent
transfer.
[Clause 41 inserted: No. 24 of 2018 s. 15.]
42 . Declaration of trusts made before 1 January
2019
(1) Foreign transfer
duty is not chargeable on a transfer to a trustee of residential property
subject to a declaration of trust in respect of the same residential property
if the declaration of trust was made before 1 January 2019.
(2) Foreign transfer
duty is not chargeable on a declaration of trust that declares the same trusts
as those upon and subject to which the same residential property was
transferred, or agreed to be transferred, to the person declaring the trust if
the transfer, or agreement, was made before 1 January 2019.
(3) Foreign transfer
duty is not chargeable on a declaration of trust if —
(a) the
declaration of trust supersedes another declaration of trust which was made
before 1 January 2019 and declares the same trusts as were declared under the
superseded declaration of trust; and
(b) the
beneficiary under the declaration of trust is the same as under the superseded
declaration of trust; and
(c) the
residential property subject to the declaration of trust —
(i)
is wholly or substantially the same as the property that
was the subject of the superseded declaration of trust at the time of the
declaration of the superseded declaration of trust; or
(ii)
represents the proceeds of re-investment of property that
was the subject of the superseded declaration of trust at the time of the
declaration of the superseded declaration of trust; or
(iii)
is property to which both subparagraphs (i) and (ii)
apply.
[Clause 42 inserted: No. 24 of 2018 s. 15.]
43 . Other transactions before 1 January 2019
(1) Foreign transfer
duty is not chargeable on a transfer of residential property resulting from a
foreign dutiable transaction referred to in section 205H(1)(d) if the vesting
of the residential property was made before 1 January 2019.
(2) Foreign transfer
duty is not chargeable on a transfer of residential property in accordance
with a foreclosure order if the foreclosure order was made before 1 January
2019.
(3) Foreign transfer
duty is not chargeable on a transfer of residential property in accordance
with a residential partnership acquisition if the residential partnership
acquisition was made before 1 January 2019.
(4) Foreign transfer
duty is not chargeable on a foreign dutiable transaction if —
(a)
section 97 applies to the transaction and the person from whom the property is
transferred or agreed to be transferred acquired the property before 1 January
2019; or
(b)
section 114, 115 or 116 applies to the transaction and the trustee acquired
the property before 1 January 2019; or
(c)
section 117(1)(a) or (b) applies to the transaction and the apparent purchaser
acquired the property before 1 January 2019.
[Clause 43 inserted: No. 24 of 2018 s. 15.]
44 . When Ch. 3A Pt. 3 starts to apply
(1) Chapter 3A Part 3
applies in relation to the imposition of foreign landholder duty on a foreign
landholder acquisition only if that acquisition occurs on or after 1 January
2019.
(2) For the purposes
of subsection (1), when an acquisition of an interest in a residential
landholder occurs is to be determined under section 176 as applied by
section 205ZE(1).
[Clause 44 inserted: No. 24 of 2018 s. 15.]
45 . Application of some Ch. 8 provisions
(1) Sections 272(2)
and 273 as in force before the commencement of the Duties Amendment
(Additional Duty for Foreign Persons) Act 2018 section 15 apply in relation
to a dutiable transaction that takes place before 1 January 2019.
(2) Section 273(2A)
applies in relation to a foreign dutiable transaction only if that transaction
takes place on or after 1 January 2019.
[Clause 45 inserted: No. 24 of 2018 s. 15.]
Division 9 — Provisions for Revenue Laws Amendment Act 2019
[Heading inserted: No. 12 of 2019 s. 132.]
(1) In this Division
—
commencement day means the day on which the
Revenue Laws Amendment Act 2019 Part 2 comes into operation;
transaction means any transaction, transfer,
acquisition or other matter of a kind on which duty is or may be chargeable
under this Act and includes the following —
(a) a
transaction of a kind referred to in section 11 (including a transaction that
would be a dutiable transaction if it related to dutiable property, new
dutiable property or special dutiable property);
(b) an
acquisition of an interest in an entity for the purposes of Chapter 3 or
Chapter 3A Part 3;
(c) a
transaction of a kind referred to in section 205H (including a transaction
that would be a foreign dutiable transaction if it related to residential
property, special residential property or new residential property);
(d) the
grant or transfer of a licence for a vehicle for the purposes of Chapter 5.
(2) In this Division a
reference to doing anything includes omitting to do anything.
(3) For the purposes
of this Division —
(a) when
an acquisition of an interest in an entity for the purposes of Chapter 3
occurs is to be determined under section 176; and
(b) when
an acquisition of an interest in an entity for the purposes of Chapter 3A Part
3 occurs is to be determined under section 176 as applied by section 205ZE(1).
[Clause 46 inserted: No. 12 of 2019 s. 132.]
47 . Application of amendments made by Revenue
Laws Amendment Act 2019
(1) The amendments
made by the Revenue Laws Amendment Act 2019 apply in relation to the
imposition of duty on transactions that occur on or after commencement day.
(2) Sections 155(4),
156A, 204D(2)(d) and 204F (including sections 156A and 204F as applied by
section 205ZE(1)) do not apply in relation to acquisitions that together form,
evidence, give effect to or arise from what is, substantially one arrangement
unless each of those acquisitions occurs on or after commencement day.
(3) Section 91C(3)
does not apply in relation to transactions that together form, evidence, give
effect to, or arise from what is, substantially one arrangement unless each of
those transactions occurs on or after commencement day.
(4) Sections 14(3) and
91C(4) do not apply in relation to a transaction and an acquisition or
agreement that together form, evidence, give effect to, or arise from what is,
substantially one arrangement unless each of the transaction and the
acquisition or agreement occurs on or after commencement day.
(5) This clause has
effect subject to the other provisions of this Division.
[Clause 47 inserted: No. 12 of 2019 s. 132.]
48 . Definition of land taken always to have
included pastoral leases
(1) In this clause
—
pre-commencement period means the period beginning
on 1 July 2008 and ending immediately before commencement day.
(2) This Act is taken,
for all purposes, to have applied during the pre-commencement period as if the
definition of land in force for the purposes of this Act had, at all times
during the pre-commencement period, included an express statement that land
includes a pastoral lease and an interest of a pastoral lessee under a
pastoral lease.
(3) Without limiting
subclause (2), an assessment of duty chargeable under this Act made, or
purported to be made, in the pre-commencement period is, and is taken to have
always been, as valid and effective as it would have been if, when the
liability for duty arose, the definition of land in force for the purposes of
this Act had included the statement referred to in subclause (2).
(4) Without limiting
subclause (2), if a transaction occurred during the pre-commencement period,
but an assessment of duty in relation to the transaction was not made before
commencement day, an assessment of duty made on or after commencement day in
relation to the transaction is to be made as if, when the transaction
occurred, the definition of land in force for the purposes of this Act had
included the statement referred to in subclause (2).
[Clause 48 inserted: No. 12 of 2019 s. 132.]
49 . Validation of administration agreements
entered into before commencement day
(1) In this clause
—
previous administration agreement means an
administration agreement entered into under the
First Home Owner Grant Act 2000 section 37 on or after 3 October 2015 and
before commencement day.
(2) A previous
administration agreement entered into, or purported to be entered into, is,
and is taken to have always been, as valid and effective as it would have been
if the amendment made by the Revenue Laws Amendment Act 2019 section 52 had
been in force when the agreement was entered into.
[Clause 49 inserted: No. 12 of 2019 s. 132.]
50 . Transfers of vehicle licences between spouses
between 1 July 2014 and commencement day
(1) In this clause
—
amended section 244A means section 244A as in
force immediately after the coming into operation of the Revenue Laws
Amendment Act 2019 section 117;
relevant vehicle licence transfer means the
transfer of a licence for a vehicle if —
(a) the
transfer occurred during the period beginning on 1 July 2014 and ending
immediately before commencement day; and
(b) the
person from whom, and the person to whom, the licence was transferred were
married to each other or de facto partners of 2 years when the transfer
occurred.
(2) When this clause
uses a term that is used in Chapter 5, the term has the same meaning in this
clause as it has in that Chapter.
(3) An assessment
made, or purported to be made, before commencement day that no duty was
chargeable on a relevant vehicle licence transfer is, and is taken to have
always been, as valid and effective as it would have been if amended
section 244A had been in force when the transfer occurred.
(4) If no assessment
of vehicle licence duty on a relevant vehicle licence transfer was made before
commencement day, an assessment of vehicle licence duty on the transfer made
after commencement day must be made as if amended section 244A had been in
force when the transfer occurred.
(5) If an assessment
that vehicle licence duty was chargeable on a relevant vehicle licence
transfer was made before commencement day, and vehicle licence duty would not
have been chargeable on the transfer if amended section 244A had been in force
when the transfer occurred, the Commissioner must, on application by the
transferee, make a reassessment of the liability for vehicle licence duty as
if amended section 244A had been in force at that time.
(6) The limitations as
to time in the Taxation Administration Act section 17 do not apply in respect
of a reassessment under subclause (5), but an application for reassessment
under that subclause must be made on or before the later of —
(a) the
day that is 5 years after the day on which the original assessment was made;
or
(b) the
day that is 12 months after commencement day.
[Clause 50 inserted: No. 12 of 2019 s. 132.]
51 . Provisions relating to exemptions for
connected entities
(1) The amendments to
Chapter 6 made by the Revenue Laws Amendment Act 2019 sections 118 to 128
apply in relation to an exemption if the application for the exemption is made
on or after commencement day, whether the transaction occurred before or after
commencement day.
(2) Despite subclause
(1), section 263(4)(a) and (b) (as in force on commencement day), section 264A
and sections 266A to 266D do not apply in relation to a relevant transaction
that occurred before commencement day.
(3) Subclause (4)
applies if —
(a)
before commencement day, the Commissioner makes a decision under section 261
on a pre-transaction decision request made under section 261(2) or (3) (as in
force immediately before commencement day) in relation to a proposed relevant
transaction; and
(b) the
decision is —
(i)
in relation to a request made under section 261(2)
— that if the transaction were entered into it would be exempted; or
(ii)
in relation to a request made under section 261(3)
— that if the transaction were entered into and exempted, the exemption
would not be revoked under section 265;
and
(c) the
transaction is not entered into before commencement day.
(4) Despite
section 261(10), the Commissioner is not bound by the pre-transaction decision
request if the Commissioner would have made a different decision on the
request if the amendments made by the Revenue Laws Amendment Act 2019 sections
123 to 126 had been in force when the decision was made.
(5) Section 261(7)(b)
does not apply to a pre-transaction decision request if the pre-transaction
decision request that was made previously referred to in that section was made
before commencement day.
[Clause 51 inserted: No. 12 of 2019 s. 132.]
52 . Provisions about validated assessments
(1) In this clause
—
previous assessment means an assessment to which
clause 48(3) or 50(3) applies.
(2) The rights,
obligations and liabilities of all persons are taken to be, and to have always
been, the same as if a previous assessment had been validly made.
(3) Anything done, or
purportedly done, before commencement day is as valid and effective, and is to
be taken to have always been as valid and effective, as it would have been if
a previous assessment had been validly made.
[Clause 52 inserted: No. 12 of 2019 s. 132.]
53 . Application of s. 195B and 195 to
acquisitions before commencement day
Section 195B applies
in relation to a main acquisition referred to in section 195B(1) or (3) that
occurred before commencement day, and section 195 applies in relation to a
relevant acquisition referred to in section 195(1) or (3) that occurred before
commencement day, as if —
(a) a
reference to section 154B(a) included a reference to section 156(8)(a) as in
force immediately before commencement day; and
(b) a
reference to section 154B(b) included a reference to section 156(8)(b) as in
force immediately before commencement day.
[Clause 53 inserted: No. 12 of 2019 s. 132.]
54 . Provisions about derivative mining rights
(1) The exemption from
duty in section 91F(3) applies despite the acquisition of the previous right
not being duty endorsed if that acquisition —
(a)
occurred before commencement day; and
(b) was
not a dutiable transaction.
(2) Section 91G(2) or
(3) applies for the purpose of determining the dutiable value of a transfer or
agreement referred to in section 91G(1)(c) despite the acquisition of the
previous right not being duty endorsed as required by section 91G(1)(b) if
that acquisition —
(a)
occurred before commencement day; and
(b) was
not a dutiable transaction.
(3) The exemption from
duty in section 91H(1) applies despite the acquisition of the derivative
mining right in relation to the prospecting licence or exploration licence not
being duty endorsed as required by section 91H(1)(d) (as in force on
commencement day) if that acquisition —
(a)
occurred before commencement day; and
(b) was
not a dutiable transaction.
(4) Section 204E(2)
applies for the purpose of determining the unencumbered value of a mining
tenement despite the acquisition of the derivative mining right not being duty
endorsed as required by that section (as in force on commencement day) if that
acquisition —
(a)
occurred before commencement day; and
(b) was
not a dutiable transaction.
[Clause 54 inserted: No. 16 of 2022 s. 27 7 .]
Division 10 — Provisions relating to Duties Amendment Act 2022
[Heading inserted: No. 16 of 2022 s. 18.]
(1) In this Division
—
commencement day means the day on which the Duties
Amendment Act 2022 Part 2 comes into operation.
(2) A term used in
clause 56(1)(b) or (2) or 57 has the same meaning as it has in Chapter 5.
[Clause 55 inserted: No. 16 of 2022 s. 18.]
56 . Application of amendments made by Duties
Amendment Act 2022 Part 2
(1) The amendments
made by the Duties Amendment Act 2022 Part 2 apply in relation to the
imposition of duty on —
(a)
transactions that occur on or after commencement day; and
(b)
grants or transfers of licences for vehicles that occur on or after
commencement day.
(2) Despite subclause
(1), section 244B applies in relation to the imposition of duty on the grant
or transfer of a licence for a vehicle that occurs before commencement day if
the relevant event referred to in section 244B(1)(b)(i) or (ii), whichever is
applicable, occurs on or after commencement day.
[Clause 56 inserted: No. 16 of 2022 s. 18.]
57 . Validation of certain reassessments and
refunds of vehicle licence duty by CEO before commencement day
(1) This clause
applies if —
(a) in
the period beginning on 1 July 2008 and ending immediately before commencement
day, the CEO made a reassessment determining that no duty was payable on the
grant or transfer of a licence for a vehicle; and
(b) the
application for the grant or transfer was the result of an agreement to
purchase the vehicle from a dealer and was made by the dealer on behalf of the
purchaser; and
(c) the
agreement was rescinded, annulled or otherwise terminated before the purchaser
took possession of the vehicle.
(2) The reassessment
is, and is taken to have always been, validly made.
(3) If, as a result of
the reassessment, the CEO refunded an amount of duty paid on the grant or
transfer of the licence for the vehicle, the refund is, and is taken to have
always been, validly made.
(4) The rights,
obligations and liabilities of all persons are taken to be, and to have always
been, the same as if the reassessment had been validly made.
(5) Anything done, or
purportedly done, before commencement day is as valid and effective, and is
taken to have always been as valid and effective, as it would have been if the
reassessment had been validly made.
[Clause 57 inserted: No. 16 of 2022 s. 18.]
58 . Application of amendments made by Duties
Amendment Act 2022 Part 3
(1) The amendments
made by the Duties Amendment Act 2022 Part 3 apply in relation to the
imposition of duty on transactions or acquisitions that occur on or after 1
July 2022.
(2) Without limiting
subclause (1) —
(a)
section 91DA(2) applies in relation to the imposition of duty on a transaction
referred to in section 91DA(1) that occurs on or after 1 July 2022, whether
the other transaction referred to in section 91DA(2) occurs before, on or
after that day; and
(b)
section 91DA(3) applies in relation to the imposition of duty on a transaction
referred to in section 91DA(1) that occurs on or after 1 July 2022, whether
the acquisition or agreement referred to in section 91DA(3) occurs before, on
or after 1 July 2022.
[Clause 58 inserted: No. 16 of 2022 s. 26.]
59 . Provisions relating to residential concession
(1) In this clause
—
former Chapter 2 Part 6 Division 4A means Chapter
2 Part 6 Division 4A as in force before its repeal by the Duties Amendment Act
2022 section 21.
(2) Despite the repeal
of former Chapter 2 Part 6 Division 4A by the Duties Amendment Act 2022
section 21 —
(a)
sections 147F and 147G, as in force immediately before 1 July 2022, continue
to apply on and after 1 July 2022 to a dutiable transaction that —
(i)
occurred before 1 July 2022; and
(ii)
was an eligible transaction for the purposes of former
Chapter 2 Part 6 Division 4A;
and
(b) any
reassessment made under section 147F, as it applies under paragraph (a), must
be made at the applicable concessional rate of duty that applied when the
transaction occurred.
(3) If, immediately
before 1 July 2022, a transaction that occurred before that day was both a
concessional transaction for the purposes of section 147 and a concessional
transaction for the purposes of former Chapter 2 Part 6 Division 4A, then on
and after that day —
(a) the
taxpayer may elect for the transaction to be assessed or reassessed under
Chapter 2 Part 6 Division 4 or former Chapter 2 Part 6 Division 4A; and
(b) the
Commissioner may, with the consent or at the request of the taxpayer, treat an
application for assessment or reassessment under one of those Divisions as an
application for assessment or reassessment under the other Division.
(4) Subclauses (2) and
(3) do not limit the effect of clause 58(1) or the Interpretation Act 1984
section 37.
[Clause 59 inserted: No. 16 of 2022 s. 26.]
Division 11 — Provisions for Duties Amendment (Farm in Agreements) Act
2022
[Heading inserted: No. 37 of 2022 s. 14.]
[Heading inserted: No. 37 of 2022 s. 14.]
(1) In this Division
—
actual section 13 farm-in agreement means an
agreement made during the first pre-amendment period that is, apart from
clause 64(2), a farm-in agreement under section 13;
amending Act means the Duties Amendment (Farm-in
Agreements) Act 2022 ;
amendment day means the day on which section 14 of
the amending Act comes into operation;
deemed section 13 farm-in agreement , subject to
clause 65(7) and (8), means an agreement —
(a) that
is taken under clause 64(2) to be a farm-in agreement under section 13; or
(b) that
is a deemed section 13 farm-in agreement under clause 65(2)(b);
first pre-amendment period means the period
beginning on 1 July 2008 and ending on the day before amendment day;
second pre-amendment period means the period
beginning on 28 November 2018 and ending on the day before amendment day;
section 13 means section 13 as in force from time
to time before amendment day and as modified under Subdivision 5;
section 13 exploration amount —
(a) in
relation to an actual section 13 farm-in agreement, means the exploration
amount for the agreement as defined in subsection (2) of section 13; and
(b) in
relation to a deemed section 13 farm-in agreement, means the exploration
amount for the agreement as defined in section 91N(5), subject to
section 91N(6);
section 13 exploration requirement —
(a) in
relation to an actual section 13 farm-in agreement, means the requirement to
expend the section 13 exploration amount; and
(b) in
relation to a deemed section 13 farm-in agreement, means the exploration
requirement for the agreement as defined in section 91N(1) to (4), subject to
section 91N(6);
section 13 farm-in agreement means an actual
section 13 farm-in agreement or a deemed section 13 farm-in agreement;
section 42(15) means section 42(15) as in force
from time to time before amendment day.
(2) If a term used in
this Division is given a meaning in section 91K, it has the same meaning in
this Division (unless otherwise indicated).
(3) If a provision of
this Division listed in subclause (4) refers to a provision of Chapter 2 Part
5 Division 9, the provision of Chapter 2 Part 5 Division 9 applies, for the
purposes of the provision of this Division, in relation to a deemed section 13
farm-in agreement —
(a) as
it applies in relation to a farm-in transaction; and
(b) with
any necessary modifications.
(4) The provisions of
this Division are as follows —
(a)
paragraph (b) of the definition of section 13 exploration amount in subclause
(1);
(b)
paragraph (b) of the definition of section 13 exploration requirement in
subclause (1);
(c)
clause 62(a);
(d)
clause 69;
(e)
clause 71(4)(b);
(f)
paragraph (b) of the definition of replacement mining tenement in clause
73(1);
(g)
paragraph (b) of the definition of replacement derivative mining right in
clause 74(1).
[Clause 60 inserted: No. 37 of 2022 s. 14.]
(1) In this clause
—
made , in relation to an assessment, includes
purportedly made;
relevant provision means clause 64(2), 67(1),
68(1), 69, 70(2), 71(2), 72(1), 73(2) or (5) or 74(3).
(2) Subclause (3)
applies to an assessment of duty chargeable under this Act that —
(a) is
made before amendment day; and
(b)
accords with a relevant provision.
(3) Without limiting
the relevant provision, the assessment is, and is taken always to have been,
valid and effective so far as it accords with the relevant provision.
(4) Subclause (5)
applies in relation to an assessment of duty chargeable under this Act that
—
(a) is
made before amendment day; and
(b) does
not accord with a relevant provision.
(5) In order to give
effect to the relevant provision, the Commissioner may make a reassessment of
the duty chargeable —
(a) on
the Commissioner’s own initiative; or
(b) on
the application of the taxpayer.
(6) For the purposes
of a reassessment under subclause (5), the Taxation Administration Act
section 17 applies as if —
(a) in
subsection (1) of that section, the reference to 5 years after the original
assessment was made were to the later of the following —
(i)
5 years after the day on which the original assessment
was made;
(ii)
12 months after amendment day;
and
(b) in
subsection (4) of that section, references to 5 years after the date of the
original assessment were to the later of the following —
(i)
5 years after the day on which the original assessment
was made;
(ii)
12 months after amendment day.
[Clause 61 inserted: No. 37 of 2022 s. 14.]
Subdivision 2 — Provisions relating to Chapter 2 Part 5 Division 9
[Heading inserted: No. 37 of 2022 s. 14.]
62 . Application of section 91K(2)
For the purposes of
paragraph (b)(iv) of the definition of primary farmor in section 91K(1),
section 91K(2) also applies to a transfer if the transfer is made to the
transferee —
(a)
under an actual section 13 farm-in agreement as contemplated in subsection
(1)(c) and (d) of section 13 or under a deemed section 13 farm-in agreement as
contemplated in section 91M(1)(c)(i); and
(b)
without limiting paragraph (a), after the transferee has fulfilled the section
13 exploration requirement.
[Clause 62 inserted: No. 37 of 2022 s. 14.]
63 . Application of Chapter 2 Part 5 Division 9
An agreement can be a
farm-in agreement or farm-in transaction under Chapter 2 Part 5 Division 9
only if the agreement is made on or after amendment day.
[Clause 63 inserted: No. 37 of 2022 s. 14.]
Subdivision 3 — Deemed section 13 farm-in agreements
[Heading inserted: No. 37 of 2022 s. 14.]
64 . Certain agreements taken to be farm-in
agreements under section 13
(1) Subclause (2)
applies to an agreement made during the first pre-amendment period if —
(a) the
agreement is not an actual section 13 farm-in agreement; and
(b) if
Chapter 2 Part 5 Division 9 applied to agreements made during the first
pre-amendment period — the agreement would, under that Division, be a
concessional farm-in transaction.
(2) For the purposes
of this Act, the agreement is taken to be, and to have always been, a farm-in
agreement under section 13.
(3) For the purposes
of the application of this Division to agreements made during the first
pre-amendment period, Chapter 2 Part 5 Division 9 is taken to be modified in
accordance with subclauses (4) to (8).
(4) In relation to an
agreement made before 13 June 2019, references to a derivative mining right
are to a right to exploit a mining tenement.
(5) In relation to an
agreement made before 28 November 2018, the definition of exploration in
section 91K(1) is replaced with:
exploration includes development;
(6) In section 91N(2)
—
(a) in
paragraph (a)(ii) and (iii), references to exploration of each relevant
derivative mining right are to exploration of each mining tenement to which a
relevant derivative mining right relates; and
(b)
paragraph (b) is deleted.
(7) Subdivision 4 is
deleted.
(8) Section 91U is
deleted.
(9) This clause is
subject to clause 65.
[Clause 64 inserted: No. 37 of 2022 s. 14.]
65 . Variations and other events affecting section
13 farm-in agreements
(1) Subclauses (2) to
(6) apply if, on or after amendment day, an agreement (the additional
agreement ) is added to an agreement (the existing agreement ) that contains 1
or more section 13 farm-in agreements.
(2) The additional
agreement —
(a)
cannot be a concessional farm-in transaction; but
(b) is a
deemed section 13 farm-in agreement if, apart from paragraph (a), the
additional agreement would be a concessional farm-in transaction —
(i)
under section 91S(3) or (4) and, if both
section 91M(1)(a)(i) and (ii) apply, under both section 91S(3) and (4); or
(ii)
under any regulations made for the purposes of
section 91S(2)(b).
(3) For the purposes
of subclause (2)(b), section 91S(3) and (4), and any regulations made for the
purposes of section 91S(2)(b), apply, with any necessary modifications, as if
—
(a) the
existing agreement were a farm-in agreement; and
(b) any
section 13 farm-in agreement contained in the existing agreement were a
concessional farm-in transaction.
(4) If the additional
agreement is a deemed section 13 farm-in agreement under subclause (2)(b), the
Commissioner may, for the purpose of applying clause 70(5), (6) or (7),
reassess the duty chargeable on any other section 13 farm-in agreement
contained in the existing agreement —
(a) on
the Commissioner’s own initiative; or
(b) on
the application of the taxpayer.
(5) For the purposes
of a reassessment under subclause (4) of the duty chargeable on a section 13
farm-in agreement, the section 13 farm-in agreement is to be taken to have
been made when the additional agreement is added to the existing agreement.
(6) For the purposes
of a reassessment under subclause (4), the Taxation Administration Act
section 17 applies as if —
(a) in
subsection (1) of that section, the reference to 5 years after the original
assessment was made were to the later of the following —
(i)
5 years after the day on which the original assessment
was made;
(ii)
12 months after the day on which the additional agreement
is added to the existing agreement;
and
(b) in
subsection (4) of that section, references to 5 years after the date of the
original assessment were to the later of the following —
(i)
5 years after the day on which the original assessment
was made;
(ii)
12 months after the day on which the additional agreement
is added to the existing agreement.
(7) If, on or after
amendment day, an agreement that is a deemed section 13 farm-in agreement
ceases to meet the requirements for a farm-in transaction set out in
section 91M(1) to (5), the agreement ceases to be a deemed section 13 farm-in
agreement accordingly.
(8) If, on or after
amendment day in a case in which subclause (7) does not apply, an agreement
that is a deemed section 13 farm-in agreement is varied, section 91T(2) to
(4), and any regulations made for the purposes of section 91T(2)(c), (3)(c) or
(5), apply for the purpose of determining whether, as a result of the
variation —
(a) the
agreement ceases to be a deemed section 13 farm-in agreement; or
(b) the
agreement is taken not to be a deemed section 13 farm-in agreement to an
extent.
(9) For the purposes
of subclause (8), section 91T(2) to (4), and any regulations made for the
purposes of section 91T(2)(c), (3)(c) or (5), apply, with any necessary
modifications, as if the agreement were a concessional farm-in transaction.
(10) If an agreement
ceases to be, or is taken not to be to an extent, a deemed section 13 farm-in
agreement under subclause (7) or (8), section 91T(7) to (10) apply, with any
necessary modifications, in relation to the agreement as they apply in
relation to an agreement referred to in section 91T(6).
[Clause 65 inserted: No. 37 of 2022 s. 14.]
Subdivision 4 — Ongoing application of Act in relation to section 13
farm-in agreements
[Heading inserted: No. 37 of 2022 s. 14.]
66 . Act to apply in relation to section 13
farm-in agreements as if sections 4 to 13 of amending Act not enacted
On and after amendment
day, this Act applies to section 13 farm-in agreements, and dutiable
transactions under section 13 farm-in agreements, as if sections 4 to 13 of
the amending Act had not been enacted (subject to the other provisions of this
Division where relevant).
[Clause 66 inserted: No. 37 of 2022 s. 14.]
Subdivision 5 — Modifications of section 13
[Heading inserted: No. 37 of 2022 s. 14.]
67 . Restriction on activities regarded as
exploration or development for purposes of section 13(2)
(1) For the purposes
of this Act, subsection (2) of section 13 is taken to have applied during the
second pre-amendment period, and applies on and after amendment day under
clause 66, subject to subclause (2).
(2) In subsection (2)
of section 13, in relation to an agreement made during the second
pre-amendment period, the reference to exploration or development only
includes development to the extent that it is carried out solely —
(a) for
the purpose of facilitating exploration; or
(b)
otherwise incidentally to exploration.
[Clause 67 inserted: No. 37 of 2022 s. 14.]
68 . Commissioner may allow expenditure on
administrative costs to be regarded as expenditure on exploration or
development for purposes of section 13(2)
(1) For the purposes
of this Act, subsection (2) of section 13 is taken to have applied during the
first pre-amendment period, and applies on and after amendment day under
clause 66, subject to subclause (2).
(2) The Commissioner
may, in relation to an agreement made during the first pre-amendment period,
allow expenditure on administrative costs that would not otherwise be regarded
as expenditure on exploration or development for the purposes of subsection
(2) of section 13 to be so regarded, subject to any limits or other conditions
imposed by the Commissioner.
[Clause 68 inserted: No. 37 of 2022 s. 14.]
Subdivision 6 — Duty chargeable in relation to section 13 farm-in
agreements
[Heading inserted: No. 37 of 2022 s. 14.]
69 . Application of Schedule 1 to deemed section
13 farm-in agreements
For the purposes of
this Act, in relation to a deemed section 13 farm-in agreement, Schedule 1 is
taken to have applied during the first pre-amendment period, and applies on
and after amendment day under clause 66, as if, in the item for
section 11(1)(j) column 4, the reference to the person referred to in section
13(1)(b) were to the farmee as defined in section 91L(1)(b).
[Clause 69 inserted: No. 37 of 2022 s. 14.]
70 . Section 13 farm-in agreements: modified rules
relating to charging of duty
(1) In this clause
—
section 135 means section 135 as in force from
time to time before amendment day.
(2) For the purposes
of this Act, in relation to section 13 farm-in agreements, section 135 is
taken to have applied during the first pre-amendment period, and applies on
and after amendment day under clause 66, subject to subclauses (3) to (9).
(3) For the purposes
of subsection (3) of section 135, the exploration amount is the section 13
exploration amount.
(4) Subclause (5)
applies if —
(a) an
agreement contains 2 or more section 13 farm-in agreements that are dutiable
transactions; and
(b)
apart from subclause (5), nominal duty would be chargeable on all of the
section 13 farm-in agreements contained in the agreement that are dutiable
transactions.
(5) Nominal duty is
chargeable on all of the section 13 farm-in agreements taken together as if
they were a single dutiable transaction.
(6) Duty is not
chargeable on a section 13 farm-in agreement if —
(a)
apart from this subclause, the section 13 farm-in agreement would be
chargeable with nominal duty; and
(b) the
section 13 farm-in agreement is contained in an agreement that also contains 1
or more other section 13 farm-in agreements on which duty is chargeable at the
general rate of duty.
(7) If an agreement
contains 2 or more section 13 farm-in agreements on which duty is chargeable
at the general rate of duty, the amount of duty chargeable on each of those
section 13 farm-in agreements must be determined as follows —
(a)
first, aggregate the dutiable values of the section 13 farm-in agreements;
(b)
second, apply the general rate of duty to the aggregate dutiable value;
(c)
third, apportion the resulting amount of duty between the section 13 farm-in
agreements in the way determined by the Commissioner.
(8) If an agreement
contains 2 or more section 13 farm-in agreements and the Commissioner is, at
any time, reassessing the duty chargeable on any of the section 13 farm-in
agreements, the Commissioner must also reassess the duty chargeable on any of
the other section 13 farm-in agreements as necessary for the purpose of
applying subclause (5), (6) or (7).
(9) The limitations as
to time in the Taxation Administration Act section 17 do not apply in respect
of a reassessment under subclause (8).
[Clause 70 inserted: No. 37 of 2022 s. 14.]
(1) In this clause
—
consideration does not include the section 13
exploration amount;
derivative mining right , in relation to a section
13 farm-in agreement made before 13 June 2019, means a right to exploit a
mining tenement.
(2) In relation to
section 13 farm-in agreements that are made during the second pre-amendment
period or that are deemed section 13 farm-in agreements under clause 65(2)(b),
this Act is taken to have applied during the second pre-amendment period, and
applies on and after amendment day under clause 66, subject to subclauses (3)
to (11).
(3) Subclause (5)
applies to a section 13 farm-in agreement if, before the section 13 farm-in
agreement is completed, the consideration for the section 13 farm-in agreement
is increased or reduced.
(4) For the purposes
of subclause (3), a section 13 farm-in agreement is completed when —
(a) in
the case of an actual section 13 farm-in agreement, after the section 13
exploration requirement is fulfilled, the mining tenement, or the derivative
mining right, becomes held as referred to in subsection (1)(d) of section 13;
or
(b) in
the case of a deemed section 13 farm-in agreement, the agreement is completed
in accordance with section 91Q(2).
(5) The Commissioner
must assess or reassess the duty chargeable on the section 13 farm-in
agreement on the basis of the increased or reduced consideration.
(6) However, if it is
reduced consideration, the Commissioner does not have to reassess the duty
unless the taxpayer makes an application for the reassessment.
(7) If there is
increased consideration after the section 13 farm-in agreement is duty
endorsed, section 31(5) applies —
(a) as
if the reference to 2 months after the day on which consideration under the
transaction is increased were, if later, to 2 months after amendment day; and
(b) with
any other necessary modifications.
(8) Duty is chargeable
on a reassessment under subclause (5) in relation to a section 13 farm-in
agreement at the same rate and using the same thresholds that applied when
liability for duty on the section 13 farm-in agreement initially arose.
(9) Subclause (5) does
not apply in a case where a taxpayer may apply for a reassessment because of
subclause (10).
(10) If any part of
the consideration for a section 13 farm-in agreement is dependent on the
happening of a future event, or on a future event not happening, section 32(1)
and (3) apply, with any necessary modifications, as if references to an
agreement for the transfer of dutiable property were to the section 13 farm-in
agreement.
(11) For the purposes
of subclause (10), the Taxation Administration Act section 17 applies as if
—
(a)
despite subsection (1) of that section, a person is not entitled to apply for
a reassessment after the latest of the following —
(i)
5 years after the day on which the section 13 farm-in
agreement was made;
(ii)
12 months after the day on which the requirements of
section 32(1)(b) and (c) (as applied under subclause (10)) were fulfilled;
(iii)
12 months after amendment day;
and
(b)
despite subsection (4) of that section, the Commissioner may only make a
reassessment on an application if the application was made within that time.
[Clause 71 inserted: No. 37 of 2022 s. 14.]
72 . No double duty: exploration amount
(1) This Act is taken
to have applied during the first pre-amendment period, and applies on and
after amendment day under clause 66, subject to subclause (2).
(2) In paragraph (b)
of section 42(15), in relation to a section 13 farm-in agreement, the
reference to the exploration amount under the agreement having been expended
is a reference to the section 13 exploration requirement for the agreement
having been fulfilled.
[Clause 72 inserted: No. 37 of 2022 s. 14.]
73 . No double duty: mining tenements
(1) In this clause
—
replacement mining tenement —
(a) in
relation to an actual section 13 farm-in agreement, means a mining tenement
—
(i)
that is granted, after the making of the actual section
13 farm-in agreement, to replace (wholly or partly) the mining tenement
referred to in subsection (1)(a) of section 13 or an earlier replacement
mining tenement; and
(ii)
that relates only to the land, or to a part of the land,
the subject of the mining tenement that is replaced; and
(iii)
of which the owner referred to in subsection (1)(a) of
section 13 is the holder or 1 of the holders;
and
(b) in
relation to a deemed section 13 farm-in agreement, has the meaning given in
section 91M(6).
(2) This Act is taken
to have applied during the first pre-amendment period, and applies on and
after amendment day under clause 66, subject to subclauses (3) and (4).
(3) Duty is not
chargeable on a transfer of, or an agreement for the transfer of, an interest
in a mining tenement (the affected mining tenement ) if —
(a) the
affected mining tenement is a replacement mining tenement in relation to a
section 13 farm-in agreement; and
(b) the
transfer or agreement —
(i)
is in lieu of a transfer of, or an agreement for the
transfer of, an interest in a mining tenement that, had it occurred, would
have been under the section 13 farm-in agreement; and
(ii)
would be a transfer or agreement under the section 13
farm-in agreement except only that the affected mining tenement is a
replacement mining tenement or is a replacement mining tenement that was not
anticipated in the section 13 farm-in agreement;
and
(c) the
section 13 farm-in agreement is duty endorsed; and
(d) the
section 13 exploration requirement for the section 13 farm-in agreement has
been fulfilled.
(4) The requirement of
paragraph (a) of section 42(15), or of subclause (3)(c), does not have to be
met if the section 13 farm-in agreement concerned is not duty endorsed because
of the application of section 91DA to the section 13 farm-in agreement.
(5) This Act is taken
to have applied during the second pre-amendment period, and applies on and
after amendment day under clause 66, subject to subclauses (6) to (8).
(6) Duty is chargeable
on a transfer of, or an agreement for the transfer of, an interest in a mining
tenement to which section 42(15) or subclause (3) would otherwise apply if
—
(a)
there is, or will be, consideration for the transfer or agreement; and
(b) the
section 13 farm-in agreement concerned is made during the second pre-amendment
period or is a deemed section 13 farm-in agreement under clause 65(2)(b).
(7) For the purposes
of subclause (6), the dutiable value of the transfer or agreement is —
(a) if
the section 13 farm-in agreement concerned is not duty endorsed as referred to
in subclause (4) — the consideration for the transfer or agreement; or
(b)
otherwise — that consideration to the extent that the consideration was
not taken into account when the section 13 farm-in agreement concerned was
duty endorsed.
(8) For the purposes
of subclauses (6) and (7), the section 13 exploration amount for the section
13 farm-in agreement concerned is taken not to be consideration for the
transfer or agreement.
[Clause 73 inserted: No. 37 of 2022 s. 14.]
74 . No double duty: derivative mining rights
(1) In this clause
—
derivative mining right , in relation to a section
13 farm-in agreement made before 13 June 2019, means a right to exploit a
mining tenement;
replacement derivative mining right —
(a) in
relation to an actual section 13 farm-in agreement, means a derivative mining
right —
(i)
that is granted, after the making of the section 13
farm-in agreement, to replace (wholly or partly) the derivative mining right
referred to in subsection (1)(a) of section 13 or an earlier replacement
derivative mining right; and
(ii)
that relates only to the land, or to a part of the land,
the subject of the derivative mining right that is replaced; and
(iii)
subject to subclause (2), that does not authorise any
mining beyond the mining authorised by the derivative mining right that is
replaced; and
(iv)
of which the person referred to in subsection (1)(a) of
section 13 is the holder or 1 of the holders;
and
(b) in
relation to a deemed section 13 farm-in agreement, has the meaning given in
section 91M(7) and (8);
replacement mining tenement has the meaning given
in clause 73(1).
(2) The requirement in
paragraph (a)(iii) of the definition of replacement derivative mining right in
subclause (1) does not have to be met if —
(a) the
derivative mining right is granted in relation to a mining tenement (the new
mining tenement ) that was granted to replace (wholly or partly) another
mining tenement (the previous mining tenement ); and
(b) the
new mining tenement authorises mining beyond the mining authorised by the
previous mining tenement; and
(c) the
derivative mining right only authorises mining for minerals for which mining
is authorised by the derivative mining right that is replaced.
(3) This Act is taken
to have applied during the period beginning on 13 June 2019 and ending on the
day before amendment day, and applies on and after amendment day under clause
66, subject to subclauses (4) to (11).
(4) Duty is not
chargeable on a dutiable transaction under a section 13 farm-in agreement if
—
(a) the
dutiable transaction involves a derivative mining right; and
(b) the
section 13 farm-in agreement is duty endorsed; and
(c) the
section 13 exploration requirement for the section 13 farm-in agreement has
been fulfilled.
(5) Duty is not
chargeable on a dutiable transaction involving a derivative mining right if
—
(a) the
derivative mining right relates to a mining tenement (the affected mining
tenement ) that is a replacement mining tenement in relation to a section 13
farm-in agreement; and
(b) the
dutiable transaction —
(i)
is in lieu of a dutiable transaction involving a
derivative mining right that, had it occurred, would have been under the
section 13 farm-in agreement; and
(ii)
would be a dutiable transaction under the section 13
farm-in agreement except only that the affected mining tenement is a
replacement mining tenement or is a replacement mining tenement that was not
anticipated in the section 13 farm-in agreement;
and
(c) the
section 13 farm-in agreement is duty endorsed; and
(d) the
section 13 exploration requirement for the section 13 farm-in agreement has
been fulfilled.
(6) Duty is not
chargeable on a dutiable transaction involving a derivative mining right (the
affected derivative mining right ) if —
(a) the
affected derivative mining right is a replacement derivative mining right in
relation to a section 13 farm-in agreement; and
(b) the
dutiable transaction —
(i)
is in lieu of a dutiable transaction involving a
derivative mining right that, had it occurred, would have been under the
section 13 farm-in agreement; and
(ii)
would be a dutiable transaction under the section 13
farm-in agreement except only that the affected derivative mining right is a
replacement derivative mining right or a replacement derivative mining right
that was not anticipated in the section 13 farm-in agreement;
and
(c) the
section 13 farm-in agreement is duty endorsed; and
(d) the
section 13 exploration requirement for the section 13 farm-in agreement has
been fulfilled.
(7) In subclauses
(5)(b)(i) and (6)(b)(i), references to a dutiable transaction include a
transaction that would be a dutiable transaction but for the application of
section 91DA to the transaction.
(8) The requirement of
subclause (4)(b), (5)(c) or (6)(c) does not have to be met if the section 13
farm-in agreement is not duty endorsed because of the application of
section 91DA to the section 13 farm-in agreement.
(9) Duty is chargeable
on a dutiable transaction to which subclause (4), (5) or (6) would otherwise
apply if —
(a)
there is, or will be, consideration for the dutiable transaction; and
(b) the
section 13 farm-in agreement concerned is made during the second pre-amendment
period or is a deemed section 13 farm-in agreement under clause 65(2)(b).
(10) For the purposes
of subclause (9), the dutiable value of the dutiable transaction is —
(a) if
the section 13 farm-in agreement concerned is not duty endorsed as referred to
in subclause (8) — the consideration for the dutiable transaction; or
(b)
otherwise — that consideration to the extent that the consideration was
not taken into account when the section 13 farm-in agreement concerned was
duty endorsed.
(11) For the purposes
of subclauses (9) and (10), the section 13 exploration amount for the section
13 farm-in agreement concerned is taken not to be consideration for the
dutiable transaction.
[Clause 74 inserted: No. 37 of 2022 s. 14.]
Division 12 — Provisions for Duties Amendment (Off-the-Plan Concession
and Foreign Persons Exemptions) Act 2023
[Heading inserted: No. 29 of 2023 s. 9.]
In this Division
—
commencement day means the day on which the Duties
Amendment (Off-the-Plan Concession and Foreign Persons Exemptions) Act 2023
section 3 comes into operation.
[Clause 75 inserted: No. 29 of 2023 s. 9.]
76 . Provisions relating to amendments to Chapter
3A
(1) In this clause
—
amended exemption provisions means sections 205ZA,
205ZB, 205ZO and 205ZP, as amended by the Duties Amendment (Off-the-Plan
Concession and Foreign Persons Exemptions) Act 2023 sections 4 to 7;
relevant exempt transaction or acquisition means a
foreign dutiable transaction or an acquisition that meets the requirements for
an exemption under an amended exemption provision if the transaction or
acquisition occurs —
(a) on
or after 1 January 2023; or
(b)
before 1 January 2023 if —
(i)
in the case of a transaction to which section 205ZA
applies — the requirement in section 205ZA(2)(c) becomes satisfied on or
after that day; or
(ii)
in the case of a transaction to which section 205ZB
applies — the requirement in section 205ZB(2)(c) becomes satisfied on or
after that day; or
(iii)
in the case of an acquisition to which section 205ZO
applies — the requirement in section 205ZO(1)(c) becomes satisfied on or
after that day; or
(iv)
in the case of an acquisition to which section 205ZP
applies — the requirement in section 205ZP(1)(c) becomes satisfied on or
after that day.
(2) The amended
exemption provisions apply to the imposition of duty on a relevant exempt
transaction or acquisition, even if the transaction or acquisition occurred
before commencement day.
(3) If an assessment
of duty payable on a relevant transaction or acquisition was made before
commencement day, the Commissioner may, on application or on the
Commissioner’s own initiative, reassess the duty payable on the
transaction or acquisition in accordance with the amended exemption
provisions.
(4) Despite whichever
of sections 205ZA(5), 205ZB(3), 205ZO(4) and 205ZP(2) is applicable, an
application for reassessment referred to in subclause (3) may be made in the
approved form on or before the later of the following —
(a) the
day on or before which the application would, but for this subclause, be
required to be made under section 205ZA(5), 205ZB(3), 205ZO(4) or 205ZP(2)
(whichever is applicable);
(b) the
last day of the period of 12 months beginning on commencement day.
(5) Subclauses (3) and
(4) apply despite the Taxation Administration Act section 17.
(6) For the purposes
of this clause, when an acquisition occurs is to be determined under
section 176 as applied by section 205ZE(1).
[Clause 76 inserted: No. 29 of 2023 s. 9.]
77 . Provisions relating to Chapter 6A
(1) If a term used in
this clause is given a meaning in section 266E, it has the same meaning in
this clause.
(2) Chapter 6A applies
to the imposition of duty on a concessional pre-construction agreement even if
the agreement was entered into in the period beginning on 23 October 2019 and
ending immediately before commencement day.
Notes for this subclause:
1. An agreement
entered into before 23 October 2019 is not a concessional pre-construction
agreement under section 266F.
2. Under
section 266F(3), certain agreements are excluded from being concessional
pre-construction agreements, including —
(a)
agreements in relation to which a rebate has been paid under the Off-the-Plan
Duty Rebate Scheme (see section 266F(3)(a)); and
(b)
agreements that were not eligible for a rebate under the Off-the-Plan Duty
Rebate Scheme where development for the relevant subdivision of land is
completed before 31 August 2023 (see section 266F(3)(b)).
(3) Chapter 6A applies
to the imposition of duty on a concessional under construction agreement even
if the agreement was entered into in the period beginning on 31 August 2023
and ending immediately before commencement day.
Note for this subclause:
An agreement entered
into before 31 August 2023 is not a concessional under construction agreement
under section 266FA.
(4) If an assessment
of duty payable on a concessional off-the-plan agreement was made before
commencement day, the Commissioner may, on application or on the
Commissioner’s own initiative, reassess the duty payable on the
agreement in accordance with Chapter 6A.
(5) Despite
section 266O, an application for reassessment referred to in subclause (4) may
be made in the approved form on or before the later of the following —
(a) the
last day of the period that applies under section 266O(1);
(b) the
last day of the period of 12 months beginning on commencement day.
(6) Subclauses (4) and
(5) apply despite the Taxation Administration Act section 17.
[Clause 77 inserted: No. 29 of 2023 s. 9.]
This is a compilation of the Duties Act 2008 and includes amendments made by
other written laws. For provisions that have come into operation, and for
information about any reprints, see the compilation table. For provisions that
have not yet come into operation see the uncommenced provisions table.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
11 of 2008 |
14 Apr 2008 |
s. 1 and 2: 14 Apr 2008 (see s. 2(a)); | |
Duties Legislation Amendment Act 2008 Pt. 2 Div. 2 Subdiv. 1 and 2 5 |
12 of 2008 (as amended by No. 30 of 2008 s. 3) |
14 Apr 2008 |
1 Jul 2008 (see s. 2(b) and (d)) |
Revenue Laws Amendment Act 2008 s. 4 and Pt. 7 |
30 of 2008 |
27 Jun 2008 |
s. 4: 27 Jun 2008 (see s. 2(2)(a)); |
Revenue Laws Amendment Act (No. 2) 2008 s. 32 |
31 of 2008 |
27 Jun 2008 |
28 Jun 2008 (see s. 2(b)) |
Revenue Laws Amendment Act 2010 Pt. 2 and Pt. 3 Div. 2 5 |
9 of 2010 |
10 Jun 2010 |
s. 5 and 6: 10 Mar 2010 (see s. 2(d)); |
Revenue Laws Amendment and Repeal Act 2010 Pt. 2 |
17 of 2010 |
25 Jun 2010 |
s. 12: 1 Jul 2008 (see s. 2(c)); |
Duties Amendment Act 2011 |
27 of 2011 |
11 Jul 2011 |
s. 1 and 2: 11 Jul 2011 (see s. 2(a)); |
Reprint 1: The Duties Act 2008 as at 12 Jul 2011 (includes amendments listed
above) | |||
Duties Amendment Act (No. 2) 2011 |
33 of 2011 |
12 Sep 2011 |
Pt. 2: 24 Dec 2010 (see s. 2(b)); |
Inheritance (Family and Dependants Provision) Amendment Act 2011 s. 15 |
48 of 2011 |
25 Oct 2011 |
16 Jan 2013 (see s. 2(b) and Gazette 15 Jan 2013 p. 79) |
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 18 |
8 of 2012 |
21 May 2012 |
27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371) |
Revenue Laws Amendment Act 2012 Pt. 2 |
29 of 2012 |
3 Sep 2012 |
Heading to Pt. 2, Pt. 2 Div. 1 and 2: 1 Dec 2011 (see s. 2(b)); |
Revenue Laws Amendment Act (No. 2) 2012 Pt. 2 |
32 of 2012 |
8 Oct 2012 |
Pt. 2 (other than s. 5- 7, 12, 15, 18, 22 and 25: 1 Jul 2008 (see s. 2(b));
|
Duties Legislation Amendment Act 2013 Pt. 2 Div. 2 6 |
5 of 2013 |
29 Jun 2013 |
29 Jun 2013 (see s. 2(1)(b)) |
Reprint 2: The Duties Act 2008 as at 9 Aug 2013 (includes amendments listed
above except those in the Road Traffic Legislation Amendment Act 2012 ) | |||
Revenue Laws Amendment Act 2013 Pt. 2 Div. 1 |
10 of 2013 |
24 Sep 2013 |
25 Sep 2013 (see s. 2(b)) |
2 of 2014 |
24 Mar 2014 |
3 Jun 2014 (see s. 2(c) and Gazette 30 May 2014 p. 1679) | |
Revenue Laws Amendment Act 2014 Pt. 2 |
15 of 2014 |
2 Jul 2014 |
3 Jul 2014 (see s. 2(c)(i)) |
Taxation Legislation Amendment Act 2015 Pt. 2 Div. 2 and Pt. 4 |
1 of 2015 |
25 Feb 2015 |
26 Feb 2015 (see s. 2(d)) |
Taxation Legislation Amendment Act (No. 2) 2015 Pt. 2 |
8 of 2015 |
9 Mar 2015 |
10 Mar 2015 (see s. 2(b)) |
Taxation Legislation Amendment Act (No. 3) 2015 Pt. 2 |
15 of 2015 |
26 May 2015 |
27 May 2015 (see s. 2(c)) |
Revenue Laws Amendment Act 2015 Pt. 2 Div. 2 |
27 of 2015 |
2 Oct 2015 |
3 Oct 2015 (see s. 2(b)) |
Reprint 3: The Duties Act 2008 as at 13 Nov 2015 (includes amendments listed
above) | |||
Local Government Legislation Amendment Act 2016 Pt. 3 Div. 12 |
26 of 2016 |
21 Sep 2016 |
21 Jan 2017 (see s. 2(b) and Gazette 20 Jan 2017 p. 648) |
Duties Amendment (Additional Duty for Foreign Persons) Act 2018 |
24 of 2018 |
17 Oct 2018 |
s. 1 and 2: 17 Oct 2018 (see s. 2(a)); |
Revenue Law Amendment Act 2019 Pt. 2 |
12 of 2019 |
12 Jun 2019 |
13 Jun 2019 (see s. 2(b)(i)) |
Strata Titles Amendment Act 2018 Pt. 3 Div. 5 |
30 of 2018 |
19 Nov 2018 |
1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2) |
Community Titles Act 2018 Pt. 14 Div. 6 |
32 of 2018 |
19 Nov 2018 |
30 Jun 2021 (see s. 2(b) and SL 2021/69 cl. 2) |
Duties Amendment Act 2022 |
16 of 2022 |
27 May 2022 |
Pt. 4: deemed to have come into operation on 13 Jun 2019 (see s. 2(c)); |
Family Court Amendment Act 2022 Pt. 4 |
28 of 2022 |
31 Aug 2022 |
Pt. 4 (other than Div. 3): 1 Sep 2022 (see s. 2(b)); |
Duties Amendment (Farm-in Agreements) Act 2022 |
37 of 2022 |
1 Nov 2022 |
s. 1 and 2: 1 Nov 2022 (see 2(a)); |
Land and Public Works Legislation Amendment Act 2023 Pt. 4 Div. 3 |
4 of 2023 |
24 Mar 2023 |
10 Aug 2023 (see s. 2(b) and SL 2023/132 cl. 2) |
Duties Amendment (Off-the-Plan Concession and Foreign Persons Exemptions) Act
2023 |
29 of 2023 |
28 Nov 2023 |
s. 1 and 2: 28 Nov 2023 (see 2(a)); |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
53 of 2016 |
29 Nov 2016 |
To be proclaimed (see s. 2(b)) | |
21 of 2023 |
24 Oct 2023 |
1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2) |
1M Under the Commonwealth Places (Mirror Taxes
Administration) Act 1999 s. 7, modifications to State taxing laws may be
prescribed. Modifications are prescribed in the Commonwealth Places (Mirror
Taxes Administration) Regulations 2007 Pt. 2 Div. 1.
If a modification is to:
•
replace or insert a numbered provision, the new provision is
identified by the superscript 1M appearing after the provision number;
•
amend a numbered provision, the amended provision
is identified by the superscript 1M appearing after the provision number.
1MC Under the
Commonwealth Places (Mirror Taxes) Act 1998 (Commonwealth) s. 8,
modifications to State taxing laws, in their application as Commonwealth laws
in Commonwealth places in Western Australia, may be prescribed. Modifications
are prescribed in the Commonwealth Places (Mirror Taxes) (Modifications of
Applied Laws (WA)) Notice 2007 (Commonwealth) Pt. 2 Div. 1.
If a modification is to:
•
replace or insert a numbered provision, the new provision is
identified by the superscript 1MC appearing after the provision number;
• amend a numbered provision, the amended
provision is identified by the superscript 1MC appearing after the provision
number.
1 The Mining Act 1904 was repealed by the
Mining Act 1978 .
2 This section is deemed to have come into
operation on 1 Dec 2011 (see the Revenue Laws Amendment Act 2012 s. 2(b) and
Pt. 2 Div. 1 and 2).
3 The Acts Amendment (Land Administration) Act
1997 commenced 30 Mar 1998 (see Gazette 27 Mar 1998 p. 1765).
4 The Duties Act 2008 Sch. 3 Div. 2 was repealed
by the Revenue Laws Amendment Act 2008 s. 4.
5 The Duties Legislation Amendment Act 2008 Pt. 2
Div. 2 Subdiv. 3 was deleted by the Duties Legislation Amendment Act 2013 s.
5. The amendments made by the Revenue Laws Amendment Act 2010 Pt. 3 Div. 1
have no effect for the same reason.
6 The Duties Legislation Amendment Act 2013 Pt. 3
will not come into operation (see s. 2(1)(c) and (2)).
7 This clause is deemed to have come into
operation on 13 Jun 2019 (see the Duties Amendment Act 2022 s. 2(c) and Pt.
4).
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
A
44(2), 257(2)
accident insurance 206
acquirer 163(1), 171(2), 175, 205ZH(1)
acquiring
person 167(1), 168(1), 205ZM(1)
acquisition
165
acquisition statement 199
actual section 13 farm-in agreement Sch. 3 cl.
60(1)
additional agreement Sch. 3 cl. 65(1)
additional farm-in transaction 91S(1)
additional
insurance 210(2)
administration order
139A(1)
administrator 139A(1)
affected derivative mining right Sch. 3 cl. 74(6)
affected entity 259(1)
affected mining tenement
Sch. 3 cl. 73(3) and 74(5)
aggregated group
interest 163(2), 205ZH(3)
agreement by instalments
33(1)
amended exemption provisions
Sch. 3 cl. 76(1)
amended provisions
Sch. 3 cl. 37
amended section 244A Sch. 3 cl.
50(1)
amending Act Sch. 3 cl. 60(1)
amendment day
Sch. 3 cl. 60(1)
apportioned transfer duty amount
266N(2)
appropriate reassessment officer
244B(3)
approved superannuation fund
122(2)
associate 205A(1), 205B(1) and (2)
associated acquisition 259(6)
authorised trustee
corporation 63
B
44(2), 257(2)
bankruptcy trustee 108(1)
bare
trustee 118(2)
beneficiary
43(4)
business asset
79
business identity 79
business licence
79
C 49(1)
call option
44(1), 177(1), 197A(1)
cancelled transaction
107(1), 266E
cap amount
77(2A)
caravan 228
car or bus
244A(1)
caveat 278(1)
CEO
228
charitable organisation
228
chattel 3
child
128(1)
chosen entity 125(2)
circuit layout right
79
commencement Sch. 3
cl. 37
commencement day Sch. 3 cl. 46(1), 55(1)
and 75
Commissioner 113A(1)
commodities
79
Commonwealth Act 121
community titles (building) scheme 266E
company A
12(3), 160A(1)
company B
12(3), 160A(1)
company C 12(4), 160A(2)
completed 91Q(2), Sch. 3 cl. 71(4)
complying
approved deposit fund 121
complying superannuation
fund 121
concessional farm-in transaction
9, 91K(1), 91L(3) and (4)
concessional first home owner
141(1)
concessional off-the-plan agreement
266E
concessional pre-construction agreement
266E, 266F(1), (2) and (3)
concessional rate
9
concessional transaction
147(1)
concessional under construction agreement
266E, 266FA(1), (2) and (3)
concession amount 266E
concession day 266E, 266H(1)
conditional agreement
9
consideration 3, 9,
91R(1), Sch. 3 cl. 71(1)
contingent consideration
32(1)
continuing proprietor or proprietors 45(1),
178(3)
contract of insurance 206, 208
controlling
entity 264(1)
corporate consolidation
259(1)
corporate trustee 3
corporation 3
Corporations Act
3
corresponding State law 228
court
3
dealer 228
decision
96B(1)
declaration of trust
9
deemed section 13 farm-in agreement Sch.
3 cl. 60(1)
deemed transaction 78A(3), 120B(3)
de
facto flag lifting agreement 128(1)
de facto
partner of 2 years 9
de facto partners of 2 years
9, 244A(1)
de facto relationship
62(2), 128(1)
de facto relationship instrument
128(1)
de facto relationship property
128(1)
de facto splitting agreement 128(1)
de facto superannuation agreement 128(1)
dependant
127(1)
dependent transaction
274(1)
deposit 141(1)
derivative mining
right 3, Sch. 3 cl. 71(1) and 74(1)
digitally sign
22A, 273A(1)
direct interest
154A(3)
director 3
discretionary trust
3
disposition 9, 63
distributed value 194(4)
distribution
139(1)
diversification lease
3
diversification lessee 3
dormant corporation
42(6)
duplicate 3
dutiable property 3, 15, 70
dutiable transaction
3, 11(1)
dutiable transactions
11(2)
dutiable value 9, 205F(1),
231, 266E
duties Act 3
duty
3, 9, 148(1), 206, 228
duty endorsed 3,
272(1), (2) and (3)
dwelling 205A(1)
earlier
acquisition 189(4) and (6)
earlier instrument
Sch. 3 cl. 10(1)
electronic conveyancing
instrument 22A, 273A(1)
eligible rollover fund
121
endorsed transaction
118(1)
entitled 3
entitlement value
194(4)
entity 9, 102(3),
148(1), 257(1)
exempt body 3
exempt family farm
transaction 99(1)
exemption
257(1)
exemption application 262(1)
exempt
transaction 9
existing agreement
Sch. 3 cl. 65(1)
existing building
266G(3)
exploration 91K(1), Sch. 3 cl. 64(5)
exploration amount 91K(1), 91N(5)
exploration
licence 91K(1)
exploration requirement
9, 91K(1), 91N(1)
family
257(1)
Family Court Act 9
Family Law Act
128(1)
family member 99(1)
farmee 9, 91K(1), 91L(1)
farm-in agreement
91K(1), 91L(1)
farming land
99(1)
farming land conditional agreement 9
farming
property 99(1)
farm-in transaction
91K(1), 91M(1) and (2)
farmor
91K(1), 91L(1)
FHOG Act 141(1)
financial services
licensee 206
first acquisition
174(1)
first agreement 42(8)
first
business 81(5)
first concessional transaction
141(1), 142(2)
first dutiable transaction
35, 47, 51
first home owner concessional rate
141(1)
first home owner concessional transaction
141(1)
first pre-amendment period
Sch. 3 cl. 60(1)
first transaction 104
fixed infrastructure 3
fixed infrastructure
91A(1)
fixed infrastructure access right
3, 91A(1), (2) and (4)
fixed infrastructure activity
91D(1)
fixed infrastructure control right
3, 91A(1) and (4)
fixed infrastructure statutory licence
3, 91A(1) and (4)
fixed infrastructure transaction
91C(1)
flag lifting agreement
128(1)
foreign acquirer 205ZD(1), 205ZE(2), 205ZT
foreign corporation 205A(1), 205C(2)
foreign
dutiable transaction 3, 205H(1)
foreign dutiable
transactions 205H(2)
foreign individual
205A(1)
foreign landholder acquisition
205ZD(1), 205ZH(1)
foreign landholder duty
3
foreign person 205A(1)
foreign tax
267(1)
foreign transfer duty
3
foreign transfer duty endorsed 205F(1), (2) and
(3)
foreign trust 205A(1), 205D(1)
foreign trustee
205A(1)
former Chapter 2 Part 6 Division 4A
Sch. 3 cl. 59(1)
franchise arrangement
79
franchisee 79
franchisor
79
further concessional transaction
141(1)
further interest 148(1)
general
conditional agreement 9
general insurance
206
General insurance 209(1)
and (2)
general insurer 206, 214
general rate
3
goods vehicle
244A(1)
grant 228
GST
3
head entity 259(1)
heavy vehicle
228
higher entity 154A(1), 204D(2)
industrial association 3
insured person
223(1)
insurer 206
intellectual property 79
interest
148(1)
interest in a discretionary trust
9
interim assessment 44A(1), 195A(1),
205R(1), 205ZL(1)
intermediary 206
interstate duty
206
intervening transactions
42(8)
issue of title conditional agreement
9
issuing law 91A(1)
land
3, 3A(1), (2) and (5), 148(1), Sch. 3 cl. 48(2), (3) and (4)
land asset
148(1), 205ZE(2)
landholder
91A(1), 148(1)
landholder duty 3
lease
3
legal personal representative
127(1)
licence 228, 230(2) and (3)
life insurance 206
linked entity
91A(1), 148(1), 156(2)
listed corporation
148(1)
listed landholder 148(1)
listed unit
trust scheme 148(1)
local government
3
lodge 3
lot
96, 266E
lower entity 154A(1)
made
Sch. 3 cl. 61(1)
main acquisition
195B(1) and (3), 204G(1), 204H(1), 205ZKA(1)
main entities
156A(1)
main entity 154A(1),
156(1), 195B(1) and (3), 204A(1), 204G(1), 205ZKA(1)
major holder
264(1)
majority shareholder 3
managed investment scheme 9
matrimonial instrument
128(1)
matrimonial property
128(1)
merging corporations 12(4) and (5),
160A(2) and (3)
minerals 91K(1)
mining
91K(1)
mining tenement 3
mining tenement conditional agreement 9
mining
tenement fixture 36A(1), 149A(1)
mining tenement
land asset 149A(3)
mining tenement valuation
provision 91I(1)
motor cycle
244A(1)
motorised wheelchair 244A(1)
motor
vehicle 228
multi-tiered scheme
266E
new agreement 266F(2),
266FA(2), 266H(2)
new dutiable property 9, 17(1)
and (2)
new lease 18
new mining tenement
91M(8), Sch. 3 cl. 74(2)
new record
273(3)
new residential property 205F(1),
205I(1) and (2)
new residential unit or apartment
266E, 266G(1) and (2)
new trustee 119(1)
new
vehicle 228
nominal duty
3
non-prospecting dutiable transaction
91U(4) and (5)
non-prospecting interest 91U(1)
non-prospecting mining tenement 91U(1)
notifiable
event 257(1), 264(2) and (3)
notional transfer
167(1) and (5), 168(1) and (5), 205ZM(1) and (4)
offshore risk insurance 206
Off-the-Plan Duty
Rebate Scheme 266E
old lease
18
old partnership 77(4)
old public unit
trust 119(1)
optional feature
231
option property 44(1)
order
3
original dutiable property
123(2)
original equipment 239(2)
original
transaction 96C(8)
original transfer
118(1), 120(1), 120A(1)
original transferee
120B(1)
original transferor 120A(1),
120B(1)
other entities 155(4)
parcel of land
205A(1)
parent entity
257(1)
partially exempt acquisition 172(2)
partnership 3
partnership acquisition
9
partnership interest 9
pastoral lease 3
pastoral lessee
3
person 154(1)
person A
91E(1), 91F(1), 91G(1), 91H(1)
person B
91E(1), 91F(1), 91G(1), 91H(1)
person liable to pay duty
9
person related 29(3),
194(6)
plant breeder right 79
political party
3
pooled superannuation trust
121
potential voting power 205C(1)
pre-commencement period Sch. 3 cl. 48(1)
premium
206, 211
prescribed 3
prescribed body corporate 113A(1)
prescribed
financial market 3
pre-section 270 decision
request 269(1)
pre-transaction decision request
261(1)
previous administration agreement
Sch. 3 cl. 49(1)
previous assessment
Sch. 3 cl. 52(1)
previous mining tenement
91M(8), Sch. 3 cl. 74(2)
previous right 91F(1),
91G(1)
primary farmor 91K(1)
primary production
3, 101A(1)
produce animals
101A(1)
professional association 3
promote
trade, industry or commerce 3
property
122(3), 266B(1), 266C(1)
proprietor
45(2)
proprietor of a business 178(1)
prospecting farm-in transaction 91U(1)
prospecting
licence 91K(1)
prospective right
91E(1), 91F(1), 91I(1)
public authority
3
public float 3, 257(1)
purchase agreement
91K(1), 91M(9)
purchase price
231
purchaser 244B(1)
put option
44(1), 177(1), 197A(1)
registered insurer
206
registered scheme 3
registrar
276(2), 278(1)
related acquisitions
156A(1)
related corporation 3
related person 79, 148(1), 201(1)
related
transaction 274(1)
relevant acquisition
148(1), 163(1), 266B(1), 266C(1), Sch. 3 cl. 1(1)
relevant acquisition Sch. 3 cl. 37
relevant
activity 91A(1)
relevant agreement
266F(3), 266FA(3)
relevant body 3
relevant consideration 91O(3)
relevant
consolidation transaction 257(1), 259(2), (3), (4)
and (5)
relevant construction works 266J(3)
relevant derivative mining right 91K(1), 91M(1)
relevant entity 126(1), 155(4), 156A(1), 264A(1),
266A(1)
relevant exempt transaction or acquisition
Sch. 3 cl. 76(1)
relevant fixed infrastructure
91C(2), 204A(2), 204B(1)
relevant interest 177(1)
relevant land assets 167(1), 168(1)
relevant
licence 277(1)
relevant mining tenement
91K(1), 91M(1)
relevant partnership property
78(1), 78A(1)
relevant period
29(3), 193(1), 194(6), 201(2), Sch. 3 cl. 33
relevant person
154(2)
relevant properties 266M(1)
relevant provision Sch. 3 cl. 61(1)
relevant
reconstruction transaction 257(1), 260(1), (2),
(2A), (3), (4) and (5)
relevant reconstruction transaction property
266B(2)
relevant residential property
205ZM(1)
relevant time 91T(6),
91U(7)
relevant transaction 257(1)
relevant
transfer 125(1)
relevant vehicle licence transfer
Sch. 3 cl. 50(1)
relinquishing person
167(1), 168(1), 205ZM(1)
relocatable home
3
replacement derivative mining right
91K(1), 91M(7), Sch. 3 cl. 74(1)
replacement dutiable transaction
91R(3)
replacement mining tenement
91K(1), 91M(6), Sch. 3 cl. 73(1) and 74(1)
replacement
transaction 107(1), 266E
representative
206
represented person
139A(2)
required duty 273(1)
residence
96
residential landholder
205ZD(1)
residential park site 3
residential
partnership acquisition 205F(1)
residential
property 3, 205E(1), (2) and (3)
residential trust
acquisition 205F(1)
residential trust surrender
205F(1)
responsible entity
119(1)
responsible person 264(1)
restraint
of trade arrangement 79
retained property
78A(1)
retiring partner
78(1), 78A(1)
right 9
scheme
267(1)
scheme property 9
second dutiable
transaction 35, 47, 51
second pre-amendment period
Sch. 3 cl. 60(1)
section 13
Sch. 3 cl. 60(1)
section 135 Sch. 3 cl.
70(1)
section 13 exploration amount Sch. 3 cl.
60(1)
section 13 exploration requirement Sch. 3
cl. 60(1)
section 13 farm-in agreement Sch. 3 cl.
60(1)
section 270 decision 269(1)
section 42(15)
Sch. 3 cl. 60(1)
security
257(1)
security holder 259(4)
security
interest 3
seller
244B(1)
share 3, 63
significant interest
161
simultaneous put and call option
9, 177(1)
single acquisition 205ZK(2)
special dutiable property 9, 18
specialised
equipment 231
specialised vehicle
231
special residential property
205F(1)
splitting agreement 128(1)
Stamp Act
reference Sch. 3 cl. 28(1)
stamp duty
Sch. 3 cl. 5(3)
step-child
6(1)
strata lease 3
strata scheme
266E
subdivision conditional agreement
9
subsale transaction 107(1), 266E
subsequent transaction 104
subsequent transfer
118(1), 120A(2), 120B(1)
subsidiary
257(1)
substantial refurbishment
205ZA(1A), 205ZO(1A)
substituted transferee 141(3)
superannuation agreement 128(1)
superannuation
fund 121, 125(1), 128(1)
supply
3
surplus property 113A(1), 148(1)
surplus receiving body 113A(1)
surrender
9
taker in default 9
Taxation Administration Act 3
tax avoidance
scheme 267(2)
terminated on relevant grounds
9
terms contract
141(1)
trailer 228
transaction
3, Sch. 3 cl. 46(1)
transaction group
257(1)
transaction record 3
transfer
9
transfer duty 3
transfer
duty statement 3
transferee
91K(1), 99(1), 141(1)
transferor 99(1),
118(1), 122(2), 173(1)
transfer property 78(1)
transfers 42(8)
triggering acquisition
266B(2)
triggering acquisition property
266B(2)
trust acquisition 9
trust
surrender 9
unadjusted duty amount
266E, 266I
unencumbered value 9,
36(1), 148(1)
unlisted corporation 63
vary
91K(1)
vehicle 228, 230(1)
vehicle A 239(1)
vehicle B
239(1)
vehicle licence duty 3
Vehicles Act
228
voting power
205C(1)
Western Australian business 9, 79
Western
Australian business asset 9, 79
wound up
3
© State of Western Australia 2023
.
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.
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