Australian Capital Territory Consolidated Acts

DUTIES ACT 1999 - SECT 8

    (1)     The duty charged by this chapter on a dutiable transaction mentioned in section 7 (1) (b) is to be charged as if each such dutiable transaction were a transfer of dutiable property.

    (2)     For the purpose of charging duty under this chapter, in relation to a dutiable transaction mentioned in column 2 of an item in table 8:

        (a)     the property mentioned in the item, column 3 is taken to be the property transferred (and a reference in this Act to property transferred includes a reference to such property);

        (b)     a person mentioned in the item, column 4 is taken to be the transferee of the dutiable property (and a reference in this Act to a "transferee" includes a reference to such a person);

        (c)     the transfer of the dutiable property is taken to have happened at the time mentioned in the item, column 5 (and a reference in this Act to the "time" when a transfer occurs includes a reference to such a time).

    Table 8

column 1 item	column 2 dutiable transaction	column 3 property transferred	column 4 transferee	column 5 when transfer happens
1	agreement for sale or transfer	the property agreed to be sold or transferred	the purchaser or transferee	when the agreement is entered into
2	declaration of trust	the property vested or to be vested in the declarant	the person declaring the trust	when the declaration is made
3	grant of a Crown lease	the leasehold interest	the lessee	when the lease is granted
4	grant of a long-term lease	(a)     for a long-term lease mentioned in s 10 (1) (d) or (e)—the leasehold interest; and (b)     for a long-term lease mentioned in s 10 (1) (f)—the extension or further extension mentioned in that section	the lessor	(a)     for a long-term lease mentioned in s 10 (1) (d) or (e)—when the lease is granted; and (b)     for a long-term lease mentioned in s 10 (1) (f)—when the lease is extended or further extended as mentioned in that section
5	grant of a franchise arrangement	the franchise	the franchisee	when the franchise arrangement is granted