Northern Territory Consolidated Acts

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STAMP DUTY ACT - SECT 88

Interpretation

88. Interpretation

(1) In this Division:

Australian citizen , see the First Home Owner Grant Act .

built - a home is taken to have been built on land if it is relocated, and affixed, to the land.

first home owner concession means a concession from the payment of duty on a conveyance of land equal to the lesser of:

(a) the total amount of duty assessed as payable on the conveyance; or

(b) the duty payable on a conveyance of land with a dutiable value of $385 000.

home , see the First Home Owner Grant Act .

period for occupancy of a home means:

(a) if, as at the relevant time, the home has been built on the land - 12 months from the relevant time or a longer period approved by the Commissioner under this Division; or

(b) if, as at the relevant time, no home had been built on the land:

(i) 3 years from the relevant time or 12 months from completion of the building of the home (whichever expires first); or

(ii) a longer period approved by the Commissioner under this Division.

permanent resident , see the First Home Owner Grant Act .

prescribed period means:

(a) a continuous period of 6 months; or

(b) a shorter continuous period approved by the Commissioner under this Division.

principal place of residence rebate means a concession from the payment of duty on a conveyance of land equal to the lesser of:

(a) the total amount of duty assessed as payable on the conveyance; or

(b) $2 500.

relevant interest means:

(a) an interest (other than a non-conforming interest) that is a relevant interest under section 5 of the First Home Owner Grant Act ; or

(b) an interest in residential property in a State or another Territory of the Commonwealth that is a relevant interest (but not a non-conforming interest) under a law of that State or Territory corresponding to the First Home Owner Grant Act .

relevant time means the time when the instruments effecting or evidencing a conveyance of land are executed.

residential property , see the First Home Owner Grant Act .

(2) If the Commissioner is satisfied that, at the relevant time, a person:

(a) is married but not cohabiting with the spouse to whom the person is married (the married spouse ); and

(b) has no intention of resuming cohabitation;

the married spouse is not to be regarded for the purposes of the application as the person's spouse.



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