DUTIES ACT 1999 - SECT 10 Dutiable property
DUTIES ACT 1999 - SECT 10
Dutiable property(1) Dutiable property is any of the following:
(a) land in the ACT;
(b) a Crown lease;
(c) a declared land sublease;
(d) a land use entitlement;
(e) a commercial lease with premium;
(f) an interest in a partnership that holds dutiable property mentioned elsewhere in this section (a "partnership interest");
(g) goods in the ACT, if the subject of an arrangement that includes a dutiable transaction over any dutiable property (other than intellectual property) elsewhere mentioned in this section, not including the following:
(i) goods that are stock-in-trade;
(ii) material held for use in manufacture;
(iii) goods under manufacture;
(iv) goods held or used in connection with land used for primary production;
(v) livestock;
(vi) a registered motor vehicle;
(vii) a ship or vessel;
(h) an option to purchase land in the ACT or a Crown lease or declared land sublease over land in the ACT;
(i) an interest in any dutiable property mentioned in paragraphs (a) to (h), except to the extent that—
(i) it is, or is attributable to, an option over dutiable property; or
(ii) it is an interest under a commercial lease or a sublease of a commercial lease, other than a commercial lease with premium.
(2) In this section:
"holds"—a partnership holds dutiable property if (but not only if)—
(a) the partners hold the property for the partnership; or
(b) the partnership has an indirect interest in the property.
"indirect interest"—a partnership has an indirect interest in dutiable property if—
(a) through a partnership interest or trust interest there is a connection between the partnership and dutiable property of the other partnership or trust; or
(b) through a series of partnership interests or trust interests, or a combination of any of them, there is a connection between the partnership and dutiable property of a partnership in the series.
"intellectual property" means––
(a) a business name, trading name, trade mark, industrial design, patent, registered design or copyright; or
(b) a right to use or exploit—
(i) a business name, trading name, trade mark or industrial design; or
(ii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).