(1)
"AFAD residential land" is land in Queensland—
(a) that is, or will be,
solely or primarily used for residential purposes; and
(b) to which any of
the following applies—
(i) on the land there is, or will be constructed, a
building designed or approved by a local government for human habitation by a
single family unit;
(ii) on the land there is a building that a person will
refurbish, renovate or extend so it becomes a building mentioned in
subparagraph (i) ;
(iii) the land is a lot on which there is a building or a
part of a building that, for the separate area the lot comprises, is designed
or approved by a local government for human habitation by a single family
unit;
(iv) the land will be a lot on which there is a building or a part of a
building that, for the separate area the lot comprises, is designed or
approved by a local government for human habitation by a single family unit;
(v) the land is a lot on which there will be a building or a part of a
building that, for the separate area the lot comprises, is designed or
approved by a local government for human habitation by a single family unit;
(vi) a person is undertaking, or will undertake, development of the land so it
becomes land mentioned in any of subparagraphs (i) to (v) .
(2) For the
purpose of imposing AFAD relating to transfer duty, a reference to
AFAD residential land includes a reference to a chattel in Queensland if—
(a) the chattel and the land are included in the same dutiable transaction
under section 29or 30, whether or not the chattel is the subject of a
separate agreement for transfer; and
(b) the use of the chattel can be
directly linked to, or is incidental to, the use and occupation of the land.
