DUTIES ACT 1997 - SECT 163B
Exemption--break-up of marriages and other relationships
DUTIES ACT 1997 - SECT 163B
Exemption--break-up of marriages and other relationships
163B Exemption--break-up of marriages and other relationships
(1) An acquisition by a person of an interest in a landholder is an exempt
acquisition--
(a) if the interest was acquired by the parties to a marriage
that is dissolved or annulled, or in the opinion of the Chief Commissioner has
broken down irretrievably, or by either of them, or by a child or children of
either of them or a trustee of such a child or children, as a result of a
transfer made in accordance with--
(i) a financial agreement made under
section 90B, 90C or 90D of the Family Law Act 1975 of the Commonwealth that,
under that Act, is binding on the parties to the agreement, or
(ii) an order
of a court made under that Act, or
(iii) an agreement that the Chief
Commissioner is satisfied has been made for the purpose of dividing
matrimonial property as a consequence of the dissolution, annulment or
breakdown of the marriage, or
(b) if the interest was acquired by the parties
to a de facto relationship that has, in the opinion of the Chief Commissioner,
broken down irretrievably, or by either of them, or by a child or children of
either of them or a trustee of such a child or children, as a result of a
transfer made in accordance with--
(i) a financial agreement made under
section 90UB, 90UC or 90UD of the Family Law Act 1975of the Commonwealth
that, under that Act, is binding on the parties to the agreement, or
(ii) an
order of a court made under that Act, or
(iii) an agreement that the Chief
Commissioner is satisfied has been made for the purpose of dividing
relationship property as a consequence of the breakdown of the relationship,
or
(c) if the interest was acquired by the parties to a domestic relationship
that has, in the opinion of the Chief Commissioner, been terminated, or by
either of them, or by a child or children of either of them or a trustee of
such a child or children, as a result of a transfer made in accordance with--
(i) for
purposes of or ancillary to the acquisition of an interest referred to in
paragraph (a), (b) or (c), the acquisition consists of the transfer of a share
that is matrimonial property or relationship property to a person not a party
to the relevant marriage or relationship, in order to comply with a
requirement of or prescribed under the Corporations Act 2001 of the
Commonwealth, or
(a) duty was
paid on the acquisition of matrimonial property by the parties to a marriage
or by either of them, or by a child or children of either of them or a trustee
of such a child or children, and
(b) the interest acquired was acquired as a
result of a transfer made in accordance with an agreement or order referred to
in subsection (1) (a), and
(c) the marriage has been dissolved or annulled or
has broken down irretrievably,
the person who paid the duty is entitled to a
refund of it.
(3) If--
(a) duty was paid on the acquisition of
relationship property by the parties to a de facto relationship or by either
of them, or by a child or children of either of them or a trustee of such a
child or children, and
(b) the interest acquired was acquired as a result of
a transfer made in accordance with an agreement or order referred to in
subsection (1) (b), and
(c) the de facto relationship has broken down,
the
person who paid the duty is entitled to a refund of it.
(4) If--
(a) duty was
paid on the acquisition of relationship property by the parties to a
domestic relationship or by either of them, or by a child or children of
either of them or a trustee of such a child or children, and
(b) the interest
acquired was acquired as a result of a transfer made in accordance with an
order or agreement referred to in subsection (1) (c), and
the person who paid the duty is
entitled to a refund of it.
(5) A party to a marriage, de facto relationship
or domestic relationship may provide a declaration, in an approved form, to
the Chief Commissioner to the effect that--
"matrimonial property" means property in relation to the parties to a marriage
or of either of them (within the meaning of the Family Law Act 1975 of the
Commonwealth), including any property treated as property in relation to the
parties or of either of them as a result of an order made under that Act.
"party" to a marriage includes a person who was a party to a marriage that has
been dissolved or annulled, in Australia or elsewhere.
"relationship property" --
(a) in relation to a de facto relationship, means
property in relation to the parties to the de facto relationship or of either
of them (within the meaning of the Family Law Act 1975of the Commonwealth),
including any property treated as property in relation to the parties or of
either of them as a result of an order made under that Act, or
(b) in
relation to a domestic relationship, means property of the parties to the
relationship or of either of them.