DUTIES ACT 1999
Table of Provisions
CHAPTER 1--PRELIMINARY
- 1 Name of Act
- 2A Dictionary
- 2B Notes
- 2C Offences against Act—application of Criminal Code etc
- 3 Incorporation of Taxation Administration Act
- 4 Territory not liable for payment of duty
- 5 Duty a debt payable to Territory
CHAPTER 2--TRANSACTIONS CONCERNING DUTIABLE PROPERTY
PART 2.1--INTRODUCTION AND OVERVIEW
- 6 Definitions—ch 2
- 6A Meaning of commercial lease with premium—ch 2
- 7 Imposition of duty on certain transactions concerning dutiable
- 8 Imposition of duty on dutiable transactions that are not transfers
- 9 Form of a dutiable transaction
- 10 Dutiable property
- 11 When does a liability for duty arise?
- 12 Who is liable to pay the duty?
- 13 Liability of joint tenants
- 14 Necessity for written instrument or written statement
- 15 Lodging instrument etc with commissioner
- 16 When does duty become payable?
- 17 No double duty
- 18 Rate of duty
PART 2.2--DUTIABLE VALUE
- 20 What is the dutiable value of dutiable property?
- 21 What is the consideration for the transfer of dutiable property?
- 22 What is the unencumbered value of dutiable property?
- 23 Arrangements that reduce dutiable value
- 24 Aggregation of dutiable transactions
- 25 Value of goods in certain transactions also involving other
- 26 Apportionment—dutiable property and other property
- 28 Partnership interests
- 29 Partitions
- 30 Effect of alteration in purchase price
PART 2.3--RATES OF DUTY
PART 2.4--SPECIAL PROVISIONS
- 50 Cancelled agreements
- 50A Cancelled transfer of dutiable property
- 51 Grant of certain Crown leases on surrender of development leases
- 52 Refund if Crown lease surrendered
- 53 Transfers arising from mortgages of land
PART 2.5--EXEMPTIONS
Division 2.5.1--Trusts
- 54 Change in trustees
- 55 Transfer to custodian of managed investment scheme
- 55A Transfers in relation to managed investment schemes
- 55B Transfers in relation to registered schemes
- 56 Property vested in apparent purchaser
- 57 Transfers back from nominee
- 58 Property passing to beneficiaries
- 60 Declaration of trust relating to managed investment scheme
Division 2.5.2--Superannuation
- 62 Transfer of property from one superannuation fund to another
- 63 Transfers between trustees and custodians of superannuation funds or
Division 2.5.3--Miscellaneous
- 65 Transfer of land under Fair Work (Registered Organisations) Act 2009
- 66 Conveyances to prescribed people
- 67 Conversion of property to unit title
- 68 Surrender and regrant of Crown lease
- 68A Regrant of lease with additional land
- 71 Bankruptcy or insolvency
- 72 Transfer to partner of interest in principal place of residence
- 73A Transfers etc to entities for community housing
- 73B Transfers etc to special disability trusts
- 74 Transfers relating to mortgages
- 74A Financial and other agreements
PART 2.6A--DEFERRED PAYMENT OF DUTY
Division 2.6A--.1 First home owner grant scheme and home buyer concession scheme
- 75 Definitions—div 2.6A.1
- 75A Meaning of eligible property—div 2.6A.1
- 75AB Application to defer payment of duty
- 75AC Approval to defer payment of duty
- 75AD Conditions of deferral arrangement
- 75AE Unpaid duty and interest a debt and charge on property
Division 2.6A--.2 Other duty deferral schemes
- 75AF Definitions—div 2.6A.2
- 75AG Duty deferral schemes—determination
- 75AH Duty deferral schemes—application to defer payment of duty
- 75AI Duty deferral schemes—approval to defer payment of duty
- 75AJ Duty deferral schemes—conditions of deferral arrangement
- 75AK Duty deferral schemes—unpaid duty and interest a debt and charge on
CHAPTER 3--CERTAIN TRANSACTIONS TREATED AS TRANSFERS
PART 3.1--PRELIMINARY
PART 3.2--ACQUISITION OF INTERESTS IN CERTAIN LANDHOLDERS
Division 3.2.1--Preliminary
Division 3.2.2--Landholding entities
- 78A Meaning of entity—pt 3.2
- 79 Meaning of landholder
- 80 Meaning of landholding—pt 3.2
- 81 Constructive ownership of landholdings—linked bodies
- 82 Constructive ownership of landholdings and other property—discretionary
- 83 Interest and significant interest in landholders—pt 3.2
- 84 How person acquires an interest in a landholder—pt
Division 3.2.3--Charging of duty
- 85 When does liability for duty arise?
- 86 What is a relevant acquisition?—pt 3.2
- 87 Acquisition statements
- 88 When must duty be paid?
- 89 Who is liable to pay duty on relevant acquisition?
- 90 Duty payable on relevant acquisitions—single interest
- 90A Duty payable on relevant acquisitions—aggregated interests
- 90B Duty payable on relevant acquisitions—further interest
- 90C Unencumbered value determination
Division 3.2.4--General and supplemental
- 92 Maximisation of entitlements on distribution of property
- 93 Valuation of property
- 94 Uncompleted agreements for sale or conveyance of land
- 95 Duty concession—acquisitions securing financial
PART 3.4--ACQUISITION OF LAND USE ENTITLEMENTS BY ALLOTMENT OF SHARES OR ISSUE OF UNITS
- 103 When does liability for duty arise?
- 104 When must duty be paid?
- 105 Who is liable to pay duty?
- 106 Acquisition of land use entitlement
- 107 What statement under s 106 must contain
- 108 Assessment of duty
- 109 Disability exemption
PART 3.6--VOLUNTARY TRANSFERS UNDER FINANCIAL SECTOR (TRANSFER AND RESTRUCTURE) ACT 1999 (CWLTH)
- 115A Definitions—pt 3.6
- 115B Declaration required if business transferred
- 115C When does liability for duty arise?
- 115D When must duty be paid?
- 115E Who is liable to pay duty?
- 115F Assessment of duty
- 115G Exemptions from duty
PART 3.7--EXEMPTIONS--CH 3 TRANSACTIONS
Division 3.7.1--Exempt transactions—general
- 115H Ch 3 transactions—exemptions
Division 3.7.2--Exempt transactions—‘top hatting' arrangements
- 115I Definitions—div 3.7.2
- 115J Exemption for relevant acquisitions
- 115K Conditions of exemption
- 115L Revocation of exemption
CHAPTER 7--MORTGAGES
- 174 Liability for duty
CHAPTER 9--MOTOR VEHICLE REGISTRATION
PART 9.1--IMPOSITION AND RATES OF DUTY
- 203 Meaning of dutiable value—pt 9.1
- 203A Registration of vehicles in the name of 2 or more people
- 204 Imposition of duty
- 205 Lodgment of statement of dutiable value
- 206 Who is liable to pay duty?
- 207 When does duty become payable?
- 208 Rate of duty
PART 9.2--EXEMPTIONS
- 208A Definitions—pt 9.2
- 209A Foreign countries
- 209B International organisations and diplomats
- 209C Status of forces agreements
- 211 Certain disabled people
- 211A Partial exemption—modified vehicles for people with
- 214 Vehicle dealers—registration of demonstrators and trading
- 215 Organisations registered under Fair Work (Registered Organisations) Act
- 216 Repossessed motor vehicles
- 217 Veteran, vintage and historic vehicles
- 218 Avoidance of double duty—duty paid in corresponding Australian
- 219 Reassessment of duty—repossession of stolen motor vehicle
PART 9.3--MISCELLANEOUS
- 221 Prerequisites for registration
- 223 Returns by road transport authority
- 224 Rectification of errors in registration
- 225 Refund of duty on cancellation of sale
- 226 Certificates as evidence
CHAPTER 10--MISCELLANEOUS DUTIES
- 229 Minimum amount of duty
CHAPTER 11--GENERAL EXEMPTIONS FROM DUTY
PART 11.1--EXEMPTIONS FROM DUTY--GENERAL
- 230 Inter-generational rural transfers
- 231 Specialised agencies
- 232 Charitable organisations
- 232A Corporate reconstruction transactions
- 232B Hospitals and schools
- 232C Commonwealth, States and Territories
- 232D Deceased estates
PART 11.2--EXEMPTIONS FROM DUTY--CERTAIN PERSONAL RELATIONSHIPS
- 232E Definitions—pt 11.2
- 232F Transactions under certain court orders
- 232G Transactions under Family Law Act 1975 (Cwlth), s 90B, s 90C or s 90D
- 232H Transactions under Family Law Act 1975 (Cwlth), pt VIIIAB financial
- 232I Transactions under Domestic Relationships Act 1994, s 33 (1) (d)
CHAPTER 12--MISCELLANEOUS
- 239 Electronic assessment and payment of duty
- 242 Instruments to be separately charged with duty in certain cases
- 243 Execution of instruments
- 244 Certificate of duty and other charges
- 250 Receiving instruments in evidence
- 251 Valuation of property
- 251A Valuation of market rent for commercial lease with premium
- 252 Objections
- 252AA Review of decisions by ACAT
- 252AB Determination of fees
- 253 Regulation-making power DICTIONARY ENDNOTES