(a) a new home has been
constructed on the land concerned by the transferee or a related body
corporate after completion of the transfer to the transferee and then sold by
the transferee to a person who is not an associated person of the transferee
without the home having been used or occupied for any purpose (other than as a
display home) before the completion of that sale, or
(c) the land has been used by the
transferee or a related body corporate, after completion of the transfer,
wholly or predominantly for commercial or industrial purposes.
(2) The amount
of the refund to which a transferee is entitled under this section is the
amount that is determined in accordance with an order made by the Treasurer
for the purposes of this section and published in the Gazette. The amount of
the refund may be the full amount of duty paid or a lesser amount (as
determined in accordance with the order).
(3) The Chief Commissioner may
approve a person as an exempt transferee for a particular transfer or class of
transfers if the Chief Commissioner is of the opinion that the person is
likely to become entitled under this section to a refund of the full amount of
surcharge purchaser duty chargeable on a transfer to which the approval
applies.
(5) The approval of a person as an exempt transferee
is subject to the following provisions--
(a) an approval may be given subject
to conditions and the approval operates subject to any such conditions,
(b)
the conditions of an approval may be varied by the Chief Commissioner at any
time by notice to the person,
(c) an approval remains in force until it is
revoked and can be revoked by the Chief Commissioner at any time by notice to
the person,
(d) the revocation of an approval can be backdated to extend to a
transfer in respect of which liability for surcharge purchaser duty would (but
for the approval) have arisen before the revocation is notified (an
"exempted transfer" ),
(e) if the revocation of an approval is backdated to
extend to an exempted transfer, surcharge purchaser duty is payable and is to
be assessed or reassessed as if the approval had never applied to the transfer
and as if liability for duty arose when revocation of the approval was
notified.
(6) Surcharge purchaser duty may be refunded under this section
only if an application for the refund is made--