(a) as a result of the
transfer or agreement, the property is or will be held by a married couple or
de facto partners as joint tenants or as tenants in common in equal shares,
and
(i) is land on which there is a dwelling that,
when the transfer of dutiable property occurs, is used as the principal place
of residence of the married couple or de facto partners, or
(ii) is a parcel
of vacant land, or land on which there is a building under construction, and
the married couple or de facto partners intend to use the residential land as
the site of a dwelling to be used as their principal place of residence, and
(c) the residential land is used solely for residential purposes and not for
any other purpose (such as a commercial, industrial or professional purpose),
and
(d) both the transferor and the transferee are the married couple or one
of them or the de facto partners or one of them and no other person is a party
to the transfer, and
(e) in the case of de facto partners, the parties to the
relationship have lived in the relationship for at least 2 years before the
date of the transfer.
(2) For the purposes of subsection (1) (c), the use of
not more than one room on the land for a non-residential purpose is to be
disregarded, if the use relates to a business or undertaking that is primarily
conducted elsewhere.
(3) Land may be the subject of an exemption under this
section even if it is partly held by another person who is not a part of the
married couple or one of the de facto partners.
