Australian Capital Territory Numbered Acts

DUTIES ACT 1999 - SECT 10

    Dutiable property is any of the following:

        (a)     land in the Territory;

        (b)     a Crown lease;

        (c)     a land use entitlement;

        (d)     shares in—

              (i)     a Territory company; or

              (ii)     a corporation incorporated outside Australia that—

    (A)     in the case of an SCH-regulated transfer, has a registered office in the Territory; or

    (B)     in any other case, being shares that are kept on the Australian register kept in the Territory;

        (e)     units in a unit trust scheme, being units—

              (i)     registered on a register kept in the Territory; or

              (ii)     that are not registered on a register kept in Australia, but in respect of which the manager (or, if there is no manager, the trustee) of the unit trust scheme is a Territory company or is a natural person resident in the Territory;

        (f)     a relevant interest, being—

              (i)     CUFS providing beneficial ownership in respect of—

    (A)     shares in a corporation incorporated outside Australia that has a registered office in the Territory; or

    (B)     units in a public unit trust scheme, being units to which subparagraph (e) (i) or (ii) applies;

              (ii)     IRs providing beneficial ownership in respect of shares in a Territory company;

              (iii)     an ADR;

              (iv)     instalment warrants providing beneficial ownership in respect of shares in a Territory company; or

              (v)     a security quoted on a market operated by the Australian Stock Exchange that is—

    (A)     related to shares in a Territory company; and

    (B)     prescribed for the purposes of this subparagraph;

        (g)     a business asset, being, at any relevant time—

              (i)     the goodwill of a business if, during the previous 12 months, a sale of goods or services, or goods and services, has been made to a Territory customer of the business;

              (ii)     intellectual property that has been used or exploited in the Territory during the previous 12 months, but only if the intellectual property is the subject of a dutiable transaction that is, or forms part of, a sale of a business; or

              (iii)     a statutory license or permission under a Commonwealth law, if the rights under the licence or permission have been exercised, during the previous 12 months, in respect of the Territory or in an area that includes the Territory or a part of the Territory;

        (h)     a statutory licence or permission under a Territory law;

              (i)     a partnership interest, being an interest in a partnership that has partnership property that is dutiable property elsewhere referred to in this section;

        (j)     goods in the Territory, if the subject of an arrangement that includes a dutiable transaction over any dutiable property (other than intellectual property) elsewhere referred to 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;

        (k)     an option to purchase land in the Territory or a Crown lease over land in the Territory;

        (l)     an interest in any dutiable property referred to in paragraphs (a) to (k) (inclusive), except to the extent that—

              (i)     it arises as a consequence of the ownership of a unit in a unit trust scheme and is not a land use entitlement;

              (ii)     it is, or is attributable to, an option over dutiable property; or

              (iii)     it is an interest in a marketable security, being an interest that is traded on the Australian Stock Exchange or the Sydney Futures Exchange and that is not included in paragraph (f).