DUTIES ACT 2001

Queensland Consolidated Acts

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DUTIES ACT 2001

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--INTRODUCTION

Part 1--Preliminary

1. Short title
2. Commencement

Part 2--Interpretation

3. Definitions
5. Relationship of Act with Administration Act

Part 3--Application of Act

6. Act binds all persons
7. Extra-territorial application
7A. Declaration of excluded matter for Corporations Act

CHAPTER 2--TRANSFER DUTY

Part 1--Preliminary

8. Imposition of transfer duty

Part 2--Some basic concepts for transfer duty

9. What is a dutiable transaction
10. What is dutiable property
11. What is the dutiable value of a dutiable transaction
12. Consideration for dutiable transactions—general
13. Consideration for dutiable transaction—transfer by way of security
14. What is the unencumbered value of property
15. When unencumbered value of property is determined

Part 3--Liability for transfer duty

16. When liability for transfer duty arises
17. Who is liable to pay transfer duty
18. Need for instrument or statement
19. Lodging instrument or statement
20. Effect of making or lodging instrument or statement by 1 party
21. No double duty—general
22. No double duty—particular dutiable transactions
23. When credit to be allowed for duty paid
24. Rates of transfer duty
25. Payment of transfer duty for deeds of grant and particular freeholding leases

Part 4--Apportionment of consideration or unencumbered value for particular dutiable transactions

26. Apportionment—head office or principal place of business in Queensland
27. Apportionment—head office or principal place of business in another State
28. Apportionment of particular dutiable transactions relating to existing and new rights

Part 5--Dutiable transactions relating to dutiable property

29. When transaction for chattel is not dutiable transaction
30. Aggregation of dutiable transactions
31. Partitions 32. Transfer by way of security—land
33. Transfer by way of security—other dutiable property

Part 6--Special provisions about dutiable transactions relating to Queensland business assets

Division 1--Some basic concepts about Queensland businesses and their assets

34. What is a Queensland business asset
35. What is a business asset
36. What is a Queensland business

Division 2--Transactions for particular assets of Queensland businesses

37. When transaction for particular Queensland business assets not dutiable transaction
38. When consignment of trading stock of Queensland business is a dutiable transaction
39. Surrender of Queensland business asset so replacement asset may be granted

Part 7--Dutiable transactions relating to partnerships

Division 1--Preliminary

40. Interpretation for property held by partnership or trust

Division 2--Some basic concepts about partnership acquisitions

41. What is a partnership acquisition
42. What is a partner's partnership interest
43. What is a partnership's indirect interest in dutiable property
44. Acquiring a partnership interest

Division 3--Dutiable value of partnership acquisitions

45. What is the dutiable value of a partnership acquisition
46. What is the value of a partnership acquisition—general
47. What is the value of a partnership acquisition—merger of 2 or more partnerships

Division 4--Dutiable value of other dutiable transactions for dutiable property of partnership

48. Dutiable value of dutiable transaction reduced for transfer of dutiable property to partner on retirement or dissolution

Part 8--Dutiable transactions relating to trusts

Division 1--Preliminary

49. Application of pt 8
50. Joint trustees

Division 2--Some basic concepts about property

51. Interpretation for property held by trust or partnership
52. Contracted property

Division 3--Creation and termination of trusts

53. Creating trust of dutiable property
54. Terminating trust of dutiable property

Division 4--Some basic concepts about trust acquisitions and trust surrenders

55. What is a trust acquisition
56. What is a trust surrender
57. What is a trust interest
58. What is a trust's indirect interest in dutiable property
59. Acquiring a trust interest
60. Beneficiary's trust interest is percentage of or proportionate to property held on trust
61. Who is a related person

Division 5--Dutiable value of trust acquisitions and trust surrenders

62. What is the dutiable value of a trust acquisition or trust surrender
63. What is the value of a trust acquisition or trust surrender

Division 6--Liability to transfer duty

64. Liability to pay transfer duty on creation or termination of trust
65. Liability of joint trustees
66. When no transfer duty on trust acquisition or trust surrender
67. Parties to trust acquisition and trust surrender

Division 7--Public unit trusts
Subdivision 1--Preliminary

68. What is a public unit trust
Subdivision 2--Basic concepts about listed unit trusts
69. What is a listed unit trust
Subdivision 3--Basic concepts about widely held unit trusts
70. What is a widely held unit trust
71. When unit trust may be treated as widely held unit trust
Subdivision 4--Basic concepts about wholesale unit trusts
72. What is a wholesale unit trust
73. What is a funds manager
74. Who is a wholesale investor
Subdivision 5--Basic concepts about pooled public investment unit trusts
75. What is a pooled public investment unit trust
76. Who is a qualified holder and a large qualified holder
76A. Approval of class of foreign unit holders as qualified holders
76B. Approval of particular foreign unit holder as qualified holder
76C. Approval holders must notify commissioner of material changes
76D. Cancellation or variation of approvals
77. Who is holder of units in pooled public investment unit trust
78. Who is entitled to units in pooled public investment unit trust
Subdivision 6--Basic concepts about declared public unit trusts
79. What is a declared public unit trust
Subdivision 7--Majority trust acquisitions in land holding trusts
80. What is a majority trust acquisition
81. Interpretation for majority trust acquisitions
81A. Particular trust interests disregarded for majority trust acquisitions
82. Deduction—transfer duty for majority trust acquisition
Subdivision 8--Indirect trust interests
83. Person's indirect trust interest is proportionate to land holding trust's dutiable property
84. What is the value of person's entitlement in land holding trust

Part 9--Concessions for homes

Division 1--Preliminary

85. Purpose of pt 9

Division 2--Some basic concepts about concessions for homes

86. What is a home and a first home
86A. What is residential land
86B. What is a first home for a residence to be constructed on vacant land
86C. What is vacant land
86D. What is a vacant land concession beneficiary
87. What is a residence
88. What is a person's occupation date for a residence
89. What is a person's transfer date for residential land or vacant land
90. What is the dutiable value of residential land or vacant land

Division 3--Concessions for homes and first homes

91. Concession—home
92. Concession—first home
93. Concession—mixed and multiple claims for individuals—residential land
93A. Concession—mixed and multiple claims for individuals—vacant land
94. Concession—mixed and multiple claims for
94A. Concession—mixed and multiple claims for trustees—vacant land
95. Application for concession

Division 4--Miscellaneous

95A. Occupation date—particular arrangements for retirement village

Part 10--Concessions for dutiable transactions for particular family businesses

Division 1--Preliminary

96. Purpose of pt 10
97. Dutiable transactions to which pt 10 applies
98. Conditions for transfer or agreement for transfer of business property
99. Conditions for partnership acquisitions
100. Conditions for particular trust acquisitions
101. Conditions for creation of trusts and particular trust acquisitions
102. Conditions for acquisitions of interest in family unit trusts
104. Dutiable transactions by way of gift

Division 2--Concessions for transfer duty for dutiable transactions

105. How transfer duty is assessed on dutiable transaction
106. Special provision for assessing transfer duty if total gifts of property used for prescribed business exceed $500000
107. Application for concession for transfer duty under pt 10

Part 11--Concessions for superannuation

108. Dutiable transactions to which pt 11 applies
109. Concession for transfer duty
110. Documents to accompany application

Part 12--Concessions for particular investment schemes

111. Dutiable transactions to which pt 12 applies
112. Conditions for concession
113. Concession for conversion of interests in prescribed interest schemes
114. Expiry of pt 12

Part 13--Exemptions for transfer duty

Division 1--Exemptions for cancelled agreements and particular agreements entered into before registration of companies

115. Exemption—cancelled agreements
116. Exemption—particular agreements entered into before registration of company

Division 2--Exemptions for trusts

117. Exemption—change of trustee
118. Exemption—trust acquisition or surrender in family trust
119. Exemption—trust acquisition or surrender in superannuation fund
120. Exemption—trust acquisition or surrender for membership of particular unincorporated association
121. Exemption—trust acquisition or surrender for dutiable property comprising only existing rights
123. Exemption—particular distribution of dutiable property to a beneficiary
124. Exemption—deceased person's estate
125. Exemption—particular vestings of dutiable property
126. Exemption—transactions for trust created for person under legal disability
127. Exemption—declaration of charitable trust
128. Exemption—community purpose associations

Division 3--Exemptions for particular investment schemes

129. Exemption—transfer by direction to primary custodian for responsible entity of registered managed investment scheme
130. Exemption—other transfers of scheme property of registered managed investment scheme

Division 3A--Exemptions for public superannuation entities

130A. Exemption—transfer by direction to custodian for a superannuation entity
130B. Exemption—other transfers of fund property of public superannuation entities

Division 3B--Exemptions for asset-backed securities
Subdivision 1--Some basic concepts for asset-backed securities

130C. What is an asset-backed security
130D. Who is a financier
130E. What is a financial asset
130F. What is a pool of financial assets
130G. What is an authorised investment
Subdivision 2--Exemptions
130H. Exemption—particular transactions for asset-backed securities

Division 3C--Exemptions for mortgage-backed securities

130I. Exemption—mortgage-backed securities

Division 4--Exemptions for dealings under particular Acts

131. Exemption—dealings under Aboriginal and Torres Strait Islander Land Acts
132. Exemption—vesting under boundary adjustment plans
133. Exemption—building units and group titles plans and community titles schemes
134. Exemption—forfeiture orders
135. Exemption—industrial organisations
136. Exemption—dealings under Land Act
137. Exemption—mining, petroleum and other particular legislation
138. Exemption—manufactured homes
139. Exemption—dealings under South Bank Corporation Act
140. Exemption—particular water entitlements
141. Exemption—particular statutory bodies

Division 5--Miscellaneous exemptions

142. Exemption—exempt institutions
143. Exemption—change of tenure
144. Exemption—joint tenancy
145. Exemption—transfer to State for public or community purpose
146. Exemption—leases of particular residences
147. Exemption—surrender of lease
148. Exemption—marketable securities etc.
149. Exemption—debt factoring agreements
150. Exemption—particular chattels
151. Exemption—particular residences
152. Exemption—to correct clerical error in previous dutiable transaction

Part 14--Reassessments for transfer duty

Division 1--Reassessments for concessions for homes

153. Reassessment—disposal after occupation date for residence
154. Reassessment—noncompliance with occupancy requirements
155. When transferees must give notice for reassessment

Division 2--Reassessments for concessions and exemptions for superannuation

156. Reassessment—noncomplying superannuation fund or public superannuation entity

CHAPTER 3--LAND RICH DUTY AND CORPORATE TRUSTEE DUTY

Part 1--Land rich duty

Division 1--Preliminary

157. Imposition of land rich duty

Division 2--Some basic concepts for land rich duty
Subdivision 1--Some basic concepts about acquiring interests in corporations

158. What is a relevant acquisition
159. What are interests and majority interests in a corporation
160. Interest in corporation is percentage of distributable property on winding up
161. Entitlement on distribution of corporation's property
162. Acquiring an interest in a corporation
163. When is an interest in a corporation acquired
164. Who is a related person
Subdivision 2--Some basic concepts about land rich corporations, subsidiaries and their land-holdings and property
165. What is a land rich corporation
166. What is a subsidiary of a corporation
167. What are a corporation's land-holdings
168. What is a corporation's property
Subdivision 3--Some basic concepts about unencumbered values of land-holdings and property
169. Application of sdiv 3
170. Value of co-owned land-holdings
171. Value of land-holdings in uncompleted agreement for transfer included
172. Value of particular property disregarded
173. Value of land-holdings and property—business property disregarded

Division 3--Liability for land rich duty

174. When liability for land rich duty arises
175. Who is liable to pay land rich duty
176. Rate of land rich duty
177. Land rich duty statement
178. Effect of lodging land rich duty statement by acquirer or related person

Division 4--Dutiable value of relevant acquisitions

179. Working out dutiable value of relevant acquisition
180. Aggregation of particular relevant acquisitions
181. Unencumbered value of Queensland land-holdings of land rich corporation
182. Unencumbered value of land-holdings of subsidiary of land rich corporation
183. Land transferred for shares to be disregarded
184. Value of co-owned land-holdings
185. Deduction—corporate trustee duty
186. Deduction—transfer duty for particular trusts
187. Deduction—transfer duty for marketable securities
188. Deduction—mortgage duty

Division 5--Exempt acquisitions

189. Exemption—particular share issues
190. Exemption—security interests
191. Exemption—change of trustee
192. Exemption—acquisition by liquidator
193. Exemption—compromise or arrangements
194. Exemption—if transfer duty not imposed
194A. Exemption—marketable securities
195. Exemption—no liability for transfer duty on acquisition in other way
196. Interests acquired under exempt acquisitions disregarded for particular purposes

Division 6--Reassessments for land rich duty

197. When commissioner must make reassessment

Division 7--Enforcement
Subdivision 1--Charges

198. Registration of charge over land for unpaid land rich duty
199. Release of charge
Subdivision 2--Power of sale
200. Commissioner may apply to Supreme Court for order to sell
201. When court must order sale of land
202. Application of proceeds of sale
203. Registration of transfer
204. Corporation or subsidiary may recover proceeds of sale as debt

Part 2--Corporate trustee duty

Division 1--Preliminary

205. Imposition of corporate trustee duty
206. Interpretation for property held by partnership or trust

Division 2--Some basic concepts for corporate trustee duty

207. What is a relevant acquisition
208. What is a share interest
209. What is a corporate trustee
210. What is a corporate trustee's indirect interest in dutiable property
211. What is a relevant corporation for a corporate trustee
212. Acquiring share interest in corporation
213. Contracted property

Division 3--Liability for corporate trustee duty

214. When liability for corporate trustee duty arises
215. Who is liable to pay corporate trustee duty
216. Rate of corporate trustee duty
217. Corporate trustee duty statement

Division 4--Apportionment of unencumbered value for particular relevant acquisitions

218. Apportionment—head office or principal place of business in Queensland
219. Apportionment—head office or principal place of business in another State
220. Apportionment of particular acquisitions relating to existing rights

Division 5--Dutiable value of relevant acquisitions

221. Acquirer's share interest is proportionate to shares in corporate trustee or relevant corporation
222. What is the dutiable value of a relevant acquisition
223. Aggregation of particular relevant acquisitions

Division 6--Exempt acquisitions

224. Exemption—change of trustee
225. Exemption—relevant acquisition in family trust
226. Exemption—if transfer duty not imposed

Division 7--Deductions and reassessments

227. Deduction—interstate transfer duty for shares
228. Deduction—transfer duty for trust acquisition
229. When commissioner must make reassessment

CHAPTER 5--MORTGAGE DUTY

Part 1--Preliminary

247. Imposition of mortgage duty
247A. Abolition of mortgage duty from 1 July 2008

Part 2--Some basic concepts for mortgage duty

248. What is a mortgage
249. What is an advance
250. What is a loan
251. Location of property
251A. Treatment of mortgages affecting property in Victoria or Tasmania

Part 3--Liability for mortgage duty

252. When liability for mortgage duty arises
253. Who is liable to pay mortgage duty
254. Rate of mortgage duty
255. Lodging mortgage
256. Effect of lodging mortgage by mortgagor or mortgagee
257. Stamping before advance

Part 4--Amount secured by a mortgage

258. What is the amount secured by a mortgage
259. Contingent liabilities
260. Mortgage over property not wholly in Queensland
261. Advances secured by mortgage package
262. Collateral mortgage
263. Extent mortgage is enforceable
264. Limit on security provided by stamped and collateral mortgages
265. Multi-jurisdictional statement

Part 5--Mortgage duty on particular debenture issues, caveats and releases of mortgages

266. Mortgage duty associated with particular debenture issues
267. What is an exempt short-term debenture
268. Caveats
269. Releases of mortgages

Part 6--Concessions for home mortgages and first home mortgages

Division 1--Preliminary

270. Purpose of pt 6

Division 2--Concessions for mortgage duty for home mortgages
Subdivision 1--Some basic concepts about concessions for mortgage duty for home mortgages

271. What is a home mortgage
272. What is a home and first home for div 2
273. Who is a home borrower and a first home borrower
Subdivision 2--Concessions for home mortgages
274. Concession for mortgage duty—home mortgage
275. Concession for mortgage duty—particular trusts

Division 3--Concessions for mortgage duty for home refinance mortgages
Subdivision 1--Some basic concepts about concessions for mortgage duty for home refinance mortgages

276. What is a home refinance mortgage
277. What is a home for div 3
278. Who is a home refinance borrower
Subdivision 2--Concessions for home refinance mortgages
279. Concession for mortgage duty—home refinance mortgage
280. Concession for mortgage duty—particular trusts

Division 4--Miscellaneous provisions

281. Further concession for particular home refinance mortgages
282. Application for concession for mortgage duty

Part 7--Exemptions for mortgage duty

Division 1--Particular debentures and instruments of trust, transfer of land by security and mortgages under particular Acts

283. Exemption—particular debentures and instruments of trust
284. Exemption—transfer of land by way of security
285. Exemption—mortgages under particular Acts

Division 2--Asset-backed and mortgage-backed securities
Subdivision 1--Some basic concepts for mortgage-backed securities

286. What is a mortgage-backed security
287. What is a mortgage
288. What is a pool of mortgages
289. What is an authorised investment
Subdivision 2--Exemption
289A. Exemption—asset-backed security
290. Exemption—mortgage-backed security

Part 8--Reassessments for mortgage duty

290A. Reassessment—stamping before advance—Victorian property
290B. Reassessment—stamping before advance—Tasmanian property
291. Reassessment—concession under pt 6
292. Reassessment—noncomplying use by cooperatives

CHAPTER 8--INSURANCE DUTY

Part 1--Preliminary

349. Imposition of insurance duty

Part 2--Some basic concepts for insurance duty

350. What is general insurance
351. What is life insurance
352. What is accident insurance
353. What is a premium
354. Who is a general insurer
355. Who is a life insurer
356. What are net premiums charged

Part 3--Liability for insurance duty

357. Who is liable to pay insurance duty
358. When insurance duty is payable—general insurance
359. When premium is paid—general insurance
360. When insurance duty is payable—life insurance
361. When insurance duty is payable—accident insurance
362. Rate of insurance duty—general and accident insurance
363. Rate of insurance duty—life insurance

Part 4--Apportionment of premiums

Division 1--Apportionment between States

364. Application of div 1
365. Purpose of div 1
366. Apportionment of premiums

Division 2--Other apportionments

367. Apportionment between different types or classes of insurance
368. Apportionment of premiums between 2 or more policies

Part 5--Arrangements applying to general insurers, life insurers and WorkCover Queensland

369. General and life insurers to be registered
370. Lodging returns and payment of insurance duty

Part 6--Arrangements applying to other persons

371. Application of pt 6
372. Lodging statement and payment of insurance duty

Part 7--Exemptions for insurance duty

373. Exemption—particular marine insurance
374. Exemption—goods in transit
375. Exemption—health insurance
376. Exemption—reinsurance

CHAPTER 9--VEHICLE REGISTRATION DUTY

Part 1--Preliminary

377. Imposition of vehicle registration duty

Part 2--Some basic concepts for vehicle registration duty

378. What is the dutiable value of a vehicle
379. What is the market value of a vehicle
379A. Who is a relative

Part 3--Liability for vehicle registration duty

380. Who is liable to pay vehicle registration duty
381. When vehicle registration duty must be paid
382. Assessment of vehicle registration duty
383. Rate of vehicle registration duty, other than for a special vehicle
384. Reduction in vehicle registration duty payable

Part 4--Exemptions for vehicle registration duty

385. Exemption—registration of previously registered vehicle
386. Exemption—registration of interstate registered vehicle or previously registered vehicle
387. Exemption—registration of heavy vehicle
388. Exemption—business name
389. Exemption—vehicle dealer
390. Exemption—particular persons and entities
391. Exemption—forfeiture orders
392. Exemption—industrial organisations
393. Exemption—disposal under particular Acts

Part 5--Reassessments for vehicle registration duty

393A. Reassessment—noncomplying use by vehicle dealer
394. Reassessment—noncomplying use by primary producer
395. Reassessment of vehicle registration duty

Part 6--Miscellaneous provisions

396. Obligations of vehicle dealers

CHAPTER 10--GENERAL EXEMPTIONS

Part 1--Exemptions for particular duties for corporate reconstruction

Division 1--Preliminary

397. Purpose of pt 1

Division 2--Some basic concepts about exemptions for duty for corporate reconstructions
Subdivision 1--Basic concepts about corporate reconstructions

398. What is a corporate reconstruction
Subdivision 2--Basic concepts about companies, group companies, parent companies and subsidiaries
399. What is a company
400. What are group companies, a group company and a corporate group
401. What is a parent company
402. What is a subsidiary
403. Example of corporate group structure
404. How part applies to particular transactions

Division 3--Exemptions for corporate reconstructions

406. Exemption—intra-group transfers of property
407. Group property for intra-group transfer of property
408. Exemption—trustees
409. Exemption—land rich duty

Division 4--Applications for rulings and exemptions

410. Application for ruling for proposed dutiable transaction or relevant acquisition
411. Application for exemption for dutiable transaction or relevant acquisition

Division 5--Reassessments for corporate reconstructions

412. Reassessment—exemption for intra-group transfers of property, trustees and land rich duty
413. When parties must give notice for reassessment

Part 2--Exemptions for particular duties for exempt institutions

Division 1--Exemptions for exempt institutions

414. Exemption—particular duties for exempt institutions

Division 2--Use requirements for exemptions

415. Use requirement
416. Start of use requirement
417. Commissioner to extend start date and duration period

Division 3--Reassessments for exempt institutions

418. Reassessment on application of exempt institution
419. Reassessment—noncompliance with use requirements

Part 3--Exemptions for matrimonial and de facto relationship instruments

Division 1--Some basic concepts for matrimonial and de facto relationship instruments

420. What is a matrimonial instrument
421. What is matrimonial property
422. What is a de facto relationship instrument
423. What is de facto relationship property

Division 2--Exemptions and reassessments

424. Exemption—matrimonial and de facto relationship instruments
425. Reassessment on application

Part 4--Other exemptions

426. Exemption—State
427. Exemption—particular instruments and transactions under Associations Incorporation Act
428. Exemption—particular instruments and transactions under National Gas (Queensland) Act
429. Instruments and transactions under Housing Act 2003
430. Exemption—instruments and transactions under other Acts
431. Exemption—Queensland Investment Corporation
431A. Exemption—Queensland Treasury Corporation and its affiliates

CHAPTER 11--AVOIDANCE SCHEMES

432. Purpose and operation of ch 11
433. Application of ch 11
434. When is a duty benefit obtained
435. Matters to be considered in deciding purpose for scheme
436. Assessments because of duty benefit from scheme

CHAPTER 12--REGISTERED PERSONS

Part 1--Registration of persons carrying on particular businesses and their registration as self assessors

437. Application for registration to carry on particular businesses
438. Registration to carry on business
439. Registration as self assessor
440. Notice of registration

Part 2--Registration of parties to instruments and transactions as self assessors

441. Application for registration
442. Decision on application
443. Approval of application
444. Registration of self assessor without application
445. Notice of registration
446. Refusal of application
447. Restriction on assessment by commissioner

Part 3--Registration of agents as self assessors

448. Application for registration
449. Decision on application
450. Approval of application
451. Registration of self assessor without application
452. Notice of registration
453. Refusal of application
454. Restriction on assessment by commissioner

Part 4--Returns, transaction statements and reassessments by self assessors

455. Lodging returns
455A. Lodging transaction statements
456. When self assessor may make reassessments

Part 5--Registration of exempt institutions

457. Application for registration
458. Decision on application
459. Restrictions on registration
460. Approval of application
461. Refusal of application
462. Later registration
463. Notice of registration
463A. Notice of ceasing to be entitled to registration

Part 6--Amendment, suspension and cancellation of registration of self assessors and exempt institutions

Division 1--Self assessors

464. Amendment of self assessor's registration
465. Grounds for suspension or cancellation
466. Show cause notice
467. Representations about show cause notices
468. Ending show cause process without further action
469. Suspension or cancellation of registration
470. Cancellation of registration—ceasing to carry on business
470A. Cancellation of registration—type of duty abolished

Division 2--Exempt institutions

471. Cancellation of registration

CHAPTER 12A--PROVISIONS FOR PARTIES TO SELF ASSESSABLE INSTRUMENTS OR TRANSACTIONS

Part 1--Preliminary

471A. Who is a liable party
471B. What is a relevant lodgement requirement

Part 2--Provisions applicable if agent registered as self assessor

471C. Application of pt 2
471D. Effect of engagement of self assessor on relevant lodgement requirement
471E. Liable party must give documents, and pay duty, to self assessor
471EA. Liability not discharged until commissioner receives payment
471F. Giving documents to self assessor
471G. Prohibition on giving false or misleading documents to self assessor
471H. Prohibition on giving false or misleading information to self assessor

Part 3--Provisions applicable if party registered as self assessor

471I. Application of pt 3
471J. Effect of engagement of self assessor on relevant lodgement requirement

CHAPTER 13--REVIEWS AND APPEALS

Part 1--Reviews

472. Applying for a review of an original decision
473. Deciding review
474. Notice of review decision

Part 2--Appeals

475. Right of appeal
476. How to start appeal
477. Grounds of appeal
478. Hearing procedures
479. Decision on appeal

CHAPTER 14--ENFORCEMENT AND LEGAL PROCEEDINGS

480. Offences about self assessments
481. Offence to endorse instrument unless self assessor
481A. Offence to endorse instrument incorrectly or illegibly
482. Obligations relating to unstamped instruments
483. Registration of instruments and transactions
484. Registration of instrument relating to an interest in a corporation
485. Registration of instrument disposing of units in unit trust etc.
486. Saving of title—marketable securities and units in unit trust
487. Receipt of instruments in evidence
488. Commissioner may require payment of penalty
489. Penalty amounts to be alternative to prosecution

CHAPTER 15--SIGNING AND STAMPING OF INSTRUMENTS

490. When is an instrument first signed
491. When is an instrument properly stamped
492. Way instruments are stamped
493. Stamping of instrument dependant on another instrument or transaction
494. Copies of instruments
495. Instrument must not be delivered until duty or fee paid

CHAPTER 16--MISCELLANEOUS PROVISIONS

496. Lodging declaration stating facts and circumstances
497. Recognition of duty paid for Commonwealth places
498. Special provisions for working out value of particular shares
498A. Suspension of quotation of securities as part of an avoidance arrangement
499. Reassessments of duty in particular circumstances
500. Application of Administration Act, pt 6, to particular decisions
501. Consideration for instruments and transactions on which duty imposed
502. Consideration based on contingency
503. Amounts stated in foreign currency
504. Aggregate minimum value and unencumbered value of particular shares
505. Valuation or evidence of value of property
506. Requirement to keep particular instruments
506A. Refunding stamp duty
507. Approved forms
508. Regulation-making power

CHAPTER 17--REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

Part 1--Repeal of Stamp Act 1894

509. Act repealed

Part 2--Savings and transitional provisions for repeal of Stamp Act 1894

Division 1--Interpretation

510. Definition for pt 2

Division 2--Application of this Act and repealed Act

511. Application of this Act
512. Continued application of repealed Act
513. Delegations

Division 3--Provisions for transfer duty
Subdivision 1--Provisions for continuing repealed Act for particular transactions

514. Repealed Act applies to particular agreements to transfer
515. Repealed Act applies to particular acquisitions after transfer by way of security of other property
516. Repealed Act applies to particular dealings with statutory business licences
517. Repealed Act applies to particular dispositions of units in unit trust schemes
Subdivision 2--Provisions for applying this Act for transactions before commencement day
518. Aggregation of dutiable transactions
519. Transfers by way of security—land
520. Particular transfers for deceased persons' estates not dutiable transactions
Subdivision 3--Provisions for public unit trusts
521. Repealed Act applies to particular trust acquisitions and trust surrenders in widely held unit trusts
522. Repealed Act applies to issue of particular units in widely held unit trusts

Division 4--Provisions for land rich duty

523. Aggregations for land rich duty
524. References to majority interests in land rich corporations
525. Particular acquisitions included as exempt acquisitions
526. Application of ch 3, pt 1, to particular acquisitions of security interests
527. Application of ch 3, pt 1, div 7, to particular amounts

Division 5--Provisions for corporate trustee duty

528. Repealed Act applies to particular dispositions of shares
529. Aggregation of relevant acquisitions for corporate trustee duty

Division 6--Provisions for lease duty

530. Repealed Act applies to particular leases and agreements for leases
530A. Repealed Act applies to instruments increasing rent in relation to particular leases etc.
531. Credit allowed for particular leases
532. Credit or refund for termination of particular leases etc.
532A. Ending of application of div 6

Division 7--Provisions for mortgage duty

533. Liability for mortgage duty for particular mortgages first signed before commencement day
534. Credit allowed for particular agreements for mortgage
535. Particular mortgages imposed with mortgage duty on commencement day

Division 9--Provisions for vehicle registration duty

537. Reduction in vehicle registration duty

Division 10--Provisions for corporate reconstructions

538. Repealed Act applies to particular agreements
539. Group property for intra-group transfers of property

Division 11--Provisions for approved and registered persons

540. Approved persons
543. Approved insurers
544. Effect of continued registration of persons
545. Exempt charitable institutions
546. Registration of particular institutions following reassessment

Division 12--Miscellaneous provisions

547. Particular references to related persons
548. Instruments stamped under repealed Act
549. References in Acts or documents

Part 3--Transitional provision for Duties Amendment Act 2004

551. Application of amendments about concession for transfer duty or mortgage duty for first home

Part 4--Transitional provisions for Duties Amendment Act (No. 2) 2004

552. Application of amendments about concession for transfer duty for home
553. Application of amendments about credit card duty

Part 5--Transitional and savings provisions for Revenue Legislation Amendment Act 2005

Division 1--Provisions for ending of credit business duty

554. Meaning of particular terms used in div 1
555. Savings provision for pre-repeal credit transactions
556. Cash price for particular credit arrangements not included in credit amount
557. Ending of registration of credit providers

Division 2--Provisions for ending of lease duty

558. Meaning of particular terms used in div 2
559. Savings provision for particular leases and occupancy rights
560. Application of repealed s 241
561. Reassessments under repealed s 242
562. Saving of particular provisions for exempt institutions
563. Leases etc. to which repealed Act applied
564. Ending of registration of self assessor
565. No refund of lease duty merely because lease or occupancy right ends on or after 1 January 2006

Division 3--Provisions for amendments about transfer duty etc.

566. Application of amendments about rates of duty on dutiable transactions and relevant acquisitions for land rich and corporate trustee duty
567. Application of amendments about concession for transfer duty for home

Part 6--Transitional and savings provisions for Revenue and Other Legislation Amendment Act 2006

Division 1--Preliminary

568. Definitions for pt 6
569. References to terms with omitted definitions

Division 2--Transitional provisions for amendment of provisions about concessions for homes and first homes

570. Retrospective operation of new s 92(1)(c)
571. Application of amendments about concession for transfer duty for residential land or vacant land

Division 3--Savings and transitional provisions for amendments relating to Queensland marketable securities

572. Meaning of pre-repeal marketable security transaction
573. Savings provision for pre-repeal marketable security transactions
574. Deduction relating to transfer duty for marketable securities
575. Saving of particular provisions for exempt institutions
576. Ending of registration as self assessors
577. Transitional provision for s 484

Division 4--Savings and transitional provisions for ending of hire duty

578. Definitions for div 4
579. Savings provision for pre-repeal hires
580. Duty payable for pre-repeal hire relating to a period ending on or after 1 January 2007
581. Ending of registration of commercial hirers
582. Saving of particular provisions for exempt institutions

Division 5--Transitional provisions for amendment of provisions about mortgage duty

583. Application of amendments about concession for mortgage duty for home or first home

Part 7--Transitional and savings provisions for Revenue and Other Legislation Amendment Act 2007

584. Application of amendment about rate of mortgage duty
585. Mortgage duty associated with debenture subscriptions in financial year ending 30 June 2008
586. Mortgage duty associated with caveats and releases of mortgage

Part 8--Savings and transitional provisions for Revenue and Other Legislation Amendment Act (No. 2) 2007

587. Definitions for pt 8
588. Delayed application of amendments to agent self assessors
589. Savings provision about properly stamped instruments

Part 9--Transitional provisions for the Revenue and Other Legislation Amendment Act 2008, part 2, division 2

Division 1--Transitional provisions for abolition of mortgage duty

590. Definition for div 1
591. Requirement to lodge mortgage
592. Mortgage packages
593. Reassessment—stamping before advance
594. Mortgage duty on caveats
595. Mortgage duty on releases of mortgages
596. Reassessment—Victorian and Tasmanian property
597. Reassessment—concessions for home mortgages and first home mortgages
598. Reassessment—concessions for cooperatives
599. Saving of previous provisions for exempt institutions
600. Cancellation of registration to defer endorsement—s 446A
601. Lapsing of application for registration to defer endorsement
602. Requirement to lodge returns
603. Reassessment of duty in particular circumstances
604. Impact of div 1

Division 2--Other transitional provisions

605. Application of amendments about rates of transfer duty, land rich duty and corporate trustee duty
606. Application of amendments about concession for transfer duty—residential land

Part 10--Transitional provision for the Revenue and Other Legislation Amendment Act 2008, section 24

607. Application of amendments about concession for transfer duty—residential land

Part 11--Savings and transitional provisions for Revenue and Other Legislation Amendment Act (No. 2) 2008

608. Meaning of commencement day
609. Limitation period—particular retirement village arrangements
610. Application of amendment about concession for transfer duty—first home
611. Reassessment of vehicle registration duty under s 393A
612. Non-application of s 471EA to liabilities arising before commencement day

Part 12--Transitional provision for Fuel Subsidy Repeal and Revenue and Other Legislation Amendment Act 2009

613. Application of amendments about concession for transfer duty—vacant land
SCHEDULE 2 -- WHEN LIABILITY FOR TRANSFER DUTY ON DUTIABLE TRANSACTION ARISES
SCHEDULE 3 -- RATES OF DUTY ON DUTIABLE TRANSACTIONS AND RELEVANT ACQUISITIONS FOR LAND RICH AND CORPORATE TRUSTEE DUTY
SCHEDULE 4 -- EXAMPLE FOR PARTNERSHIP AND TRUST ACQUISITIONS AND RELEVANT ACQUISITIONS FOR CORPORATE TRUSTEES
SCHEDULE 4A -- AMOUNT OF CONCESSION FOR TRANSFER DUTY--FIRST HOME--RESIDENTIAL LAND
SCHEDULE 4B -- AMOUNT OF CONCESSION FOR TRANSFER DUTY--FIRST HOME--VACANT LAND
SCHEDULE 4C -- RATE OF VEHICLE REGISTRATION DUTY OTHER THAN FOR SPECIAL VEHICLES
SCHEDULE 5 -- EXAMPLE FOR CORPORATE RECONSTRUCTION
SCHEDULE 6 -- DICTIONARY
Endnotes

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