DUTIES ACT 2001 - SECT 429 Instruments and transactions under Housing Act 2003

DUTIES ACT 2001 - SECT 429

429 Instruments and transactions under Housing Act 2003

(1) Duty is not imposed on an instrument or transaction entered into or made under the Housing Act 2003 by the housing chief executive on behalf of the State.

(2) However, subsection (1) does not apply to any of the following transactions or an instrument entered into for the transaction—

(a) the transfer, or agreement for the transfer, of land to a person who does not receive financial assistance from the housing chief executive on behalf of the State to enable the person to purchase the land;

(b) a transfer, agreement for the transfer, grant of freehold title or grant of a perpetual lease for residential purposes of land by the housing chief executive on behalf of the State to a person to enable the person to build a residence on the land, unless the consideration under the instrument or for the transaction includes the future provision of a housing service;

(c) a transfer, or agreement for the transfer, of land by the housing chief executive on behalf of the State if—

(i) immediately before the transfer, or agreement for the transfer, was entered into, the land was subject to a lease to a person to enable the person to provide housing for an employee of the person; and

(ii) the transferee is the lessee under the lease mentioned in subparagraph (i) or a related person of the lessee.

(3) Subsection (2) does not make the housing chief executive or the State liable to pay duty.

(4) In this section—


"housing chief executive" means the chief executive of the department in which the Housing Act 2003 is administered.


"housing service" see the Housing Act 2003 , section 8 .