(1A) Duty under section 58 (Establishment of a trust relating to unidentified
property and non-dutiable property) is not chargeable on an instrument that
declares a trust over property held or to be held on trust for an
exempt charitable or benevolent body.
(a) any body corporate,
society, institution or other organisation for the time being approved by the
Chief Commissioner for the purposes of this paragraph whose resources are, in
accordance with its rules or objects, used wholly or predominantly for--
(i)
the relief of poverty in Australia, or
(ii) the promotion of education in
Australia, or
(b) any body corporate, society, institution or other
organisation that, in the opinion of the Chief Commissioner, is of a
charitable or benevolent nature, or has as its primary object the promotion of
the interests of Aborigines and if--
(i) (in the application of this
definition for the purposes of subsection (1) or (1A)) the
dutiable transaction or instrument is for such purposes as the Chief
Commissioner may approve in accordance with guidelines approved by the
Treasurer, or
(iii) (in the application of this definition for the purposes
of subsection (2A)) the land holdings of the landholder are being used or are
to be used for such purposes as the Chief Commissioner may approve in
accordance with guidelines approved by the Treasurer, or
(c) any person
acting in the person's capacity as trustee for a body corporate, society,
institution or other organisation referred to in paragraph (a) or (b).
"landholder duty" means the duty chargeable under Chapter 4.