(iii) a child or children of
either of the parties to such a marriage, or
(iv) a trustee of a child or
children of either of the parties to such a marriage, or
(v) a trustee under
the Bankruptcy Act 1966 of the Commonwealth of the estate of either of the
parties to such a marriage, and
(b) the transfer or agreement is effected by
or 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 under
that Act, or
(iia) 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
(iii) a purchase
at public auction of property that, immediately before the auction, was
matrimonial property where the public auction is held to comply with any such
agreement or order.
(1A) Break-up of de facto relationship No duty is
chargeable under this Chapter on a transfer, or an agreement for the sale or
transfer, of relationship property if--
(i) the parties to a de facto
relationship that, in the opinion of the Chief Commissioner, has broken down
irretrievably, or
(ii) either of the parties to such a de facto relationship,
or
(iii) a child or children of either of the parties to such a de facto
relationship, or
(iv) a trustee of a child or children of either of the
parties to such a de facto relationship, or
(v) a trustee under the
Bankruptcy Act 1966 of the Commonwealth of the estate of either of the
parties to such a de facto relationship, and
(b) the transfer or agreement is
effected by or 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 under that Act, or
(iia) 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
(iii) a purchase at public auction of property that, immediately before
the auction, was relationship property where the public auction is held to
comply with any such agreement or order.
(2) Break-up of domestic
relationship No duty is chargeable under this Chapter on a transfer, or an
agreement for the sale or transfer, of relationship property if--
(a) the
property is transferred, or agreed to be sold or transferred, to the parties
to a domestic relationship that has, in the opinion of the Chief Commissioner,
been terminated or to either of them, or to a child or children of either of
them or a trustee of such a child or children, and
(b) the transfer or
agreement is effected by or in accordance with--
(iii) a purchase at public auction of property
that, immediately before the auction, was relationship property where the
public auction is held to comply with any such order or agreement.
(3)
Associated transactions No duty is chargeable under this Chapter on a
dutiable transaction to the extent that--
(3A) Superannuation interests No duty is
chargeable under this Chapter on a dutiable transaction that is a transfer of,
or an agreement to transfer, dutiable property from the trustee or custodian
of the trustee of a complying superannuation fund to the trustee or custodian
of the trustee of another complying superannuation fund if--
(i) has been dissolved or annulled or has, in the opinion
of the Chief Commissioner, broken down irretrievably (in the case of a
marriage), or
(ii) has, in the opinion of the Chief Commissioner, broken down
(in the case of a de facto relationship), and
(b) the dutiable property is to
be held solely for the purpose of providing a retirement benefit to the other
party to the marriage or relationship, and
(c) the transfer or agreement is
effected by or in accordance with a financial agreement that is binding on the
parties to the agreement, or an order of a court, under the Family Law Act
1975 of the Commonwealth.
(ii) either of the parties to a de facto relationship, or
(iii) a child or
children of either of the parties to a de facto relationship, or
(iv) a
trustee of a child or children of either of the parties to a de facto
relationship, or
(v) a trustee under the Bankruptcy Act 1966 of the
Commonwealth of the estate of either of the parties to a de facto
relationship, and
(b) the transfer or agreement was effected as referred to
in section 68 (1A) (b), and
(c) the de facto relationship has broken down,
the Chief Commissioner must reassess the transfer or agreement and refund the
duty paid.
(4A) Refunds--break-up of domestic relationship If--
(a) ad
valorem duty under this Chapter was paid on a transfer, or an agreement for
the sale or transfer, of relationship property to the parties to a domestic
relationship or to either of them, or to a child or children of either of them
or to a trustee of such a child or children, and
(b) the transfer or
agreement was effected as referred to in section 68 (2) (b), and
(c) the
domestic relationship has been terminated,
the Chief Commissioner must
reassess the transfer or agreement and refund the duty paid.
(4B) Evidence of
exemption 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.