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Duties Act 2001 - SCHEDULE 6

-- Dictionary (section 3)
100% transfer farm-in agreement see section 84D.
accepted representations see section 467(2).
accident insurance see section 352.
accommodation unit see the Retirement Villages Act 1999, schedule.
acquirable asset, for sections 130A and 130B, means an acquirable asset under the Superannuation Industry Act, section 10.
acquirer—
(a) for chapter 2, part 8, division 7, means a person who acquires an indirect interest in a land holding trust; or
(b) for chapter 4, see section 233; or
(c) for chapter 17, part 17, see section 630.
additional foreign acquirer duty see section 231(2).
Administration Act means the Taxation Administration Act 2001.
advance see section 249.
AFAD stands for additional foreign acquirer duty.
AFAD residential land, for chapter 4, see section 232.
amending Act—
(a) for chapter 17, part 6, see section 568; or
(b) for chapter 17, part 17, see section 630.
ancestor, of a person, means—
(a) a parent or grandparent of the person or person's spouse; or
(b) a spouse of a parent or grandparent mentioned in paragraph (a).
application to register, for a vehicle, means an application under the Vehicle Registration Act to register the vehicle.
application to transfer, for a vehicle, means an application under the Vehicle Registration Act to transfer the registration of the vehicle.
applied Act means this Act as a law applied under the Commonwealth Places (Mirror Taxes) Act 1998 (Cwlth).
approved form means a form approved under section 507.
assessed interest see the Administration Act, section 54(3).
assessment see the Administration Act, schedule 2.
assessment notice see the Administration Act, section 26(1).
asset-backed security see section 130C.
Australian citizen see the Australian Citizenship Act 2007 (Cwlth), section 4.
Australian register see the Corporations Act, section 9.
Australian Securities Exchange means ASX Limited (ACN 008 624 691).
authorised investment for—
(a) a pool of financial assets—see section 130G; or
(b) a pool of mortgages—see section 289.
authorised trustee corporation means a corporation declared under the Corporations Act to be an authorised trustee corporation for any provision of that Act.
avoidance scheme means—
(a) for chapter 2, part 9, division 3—a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement for a concession for transfer duty under the division; or
(b) for chapter 5, part 6, division 2—a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement for a concession for mortgage duty under the division.
avoider, for chapter 11, see section 433(1)(a).
boat means a floating vessel of any size or kind, and includes a hovercraft.
business includes any profession, trade, employment, vocation or calling.
business asset see section 35.
business of primary production means a business of agriculture, pasturage or dairy farming.
business property means—
(a) land primarily used to carry on a business of primary production or a prescribed business; or
(b) personal property used to carry on the business on the land.
caveat means—
(a) for an interest in freehold land—a caveat under the Land Title Act 1994; or
(b) for an interest in a water allocation—a caveat under the Land Title Act 1994, as applied by the Water Act 2000, section 150.
change, for a trustee, means the trustee's retirement or the appointment of a new or additional trustee.
charitable institution means an institution registered under the Administration Act, part 11A.
chattel includes a chattel authority.
chattel authority means a licence, permit or other authority that is granted or issued under a law—
(a) for using a chattel; and
(b) transferable only with the chattel.
circuit layout right means an exclusive right under the Circuit Layouts Act 1989 (Cwlth) for an eligible layout under that Act.
class 1 general insurance means general insurance other than class 2 general insurance or CTP insurance.
class 2 general insurance means general insurance for, or relating to, any of the following—
(a) professional indemnity;
(b) personal injury to a person relating to the person's travel on an aircraft;
(c) a motor vehicle, other than CTP insurance;
(d) a home mortgage that is a first mortgage;
(e) a life insurance rider.
client number, of a self assessor, means the client number stated in the self assessor's notice of registration.
collateral mortgage means a mortgage that secures all or part of the same amount as another mortgage, security instrument or mortgage package that has been properly stamped under this Act or a corresponding Act.
commencement day—
(a) for chapter 17, part 2, see section 510; or
(b) for chapter 17, part 17, see section 630.
commissioner means the Commissioner of State Revenue appointed under the Administration Act.
commitment amount see section 156N(1)(b).
Commonwealth place means a place in Queensland acquired by the Commonwealth for a public purpose.
company, for—
(a) chapter 10—see section 399; or
(b) otherwise—means a company registered under the Corporations Act.
completed transfer, for chapter 2, part 15, see section 156D.
complying approved deposit fund means a complying approved deposit fund under the Superannuation Industry Act, section 43.
complying superannuation fund means—
(a) a complying superannuation fund under the Superannuation Industry Act, section 42 or 42A; or
(b) an exempt public sector superannuation scheme under that Act.
compulsory acquisition, of property by a statutory entity, includes the acquisition of the property under an agreement if, had the agreement not been made, the statutory entity would have compulsorily acquired the property.
contracted property means dutiable property the subject of a purchase or sale agreement.
conversion period means the period from 1 July 1998 to the last day permitted by the Corporations Act or the Australian Securities and Investments Commission for the transition of a prescribed interest scheme to a registered managed investment scheme.
corporate debt security, of a corporation or society, means—
(a) a debenture, debenture stock, bond or note or other similar security of the corporation or society; or
(b) any right relating to a thing mentioned in paragraph (a), whether or not the right is a charge on the assets of the corporation or society.
corporate group see section 400(4).
corporate reconstruction see section 398.
corporate trustee see section 209.
corporate trustee duty see section 205(1).
corporate trustee duty statement see section 217.
corporation see the Corporations Act, section 57A.
corresponding Act means an Act of another State that corresponds to this Act or the applied Act.
credit card means a card, or other thing, for which the credit card provider agrees, whether or not on conditions, to—
(a) make payment to a merchant to whom the card is produced; or
(b) provide a cash advance to the credit card holder.
credit card holder means a person—
(a) to whom a credit card has been issued; and
(b) whose address last known to the credit card provider, or at the person's direction, is in Queensland.
credit card provider means—
(a) a person who has issued a credit card and, in the ordinary course of business, may make a payment or provide credit under an obligation accepted by the person on the issue of the credit card; or
(b) a prescribed credit card provider.
CTP insurance means insurance cover the subject of a policy of insurance under the Motor Accident Insurance Act 1994.
custodian means—
(a) for chapter 2, part 12 and part 13, division 3—the corporation that has been or will be appointed under the Corporations Act, section 601FB, to hold the property of a registered managed investment scheme as agent for the responsible entity of the scheme; or
(b) for an eligible superannuation entity—a custodian under the Superannuation Industry Act, section 10, that—
(i) itself performs custodial functions for assets of the entity; and
(ii) satisfies the eligibility requirements for a custodian under part 15 of that Act.
declared public unit trust see section 79.
de facto partner means 1 of 2 persons who is a de facto partner within the meaning of the Acts Interpretation Act 1954, section 32DA, if the persons are living, and for at least 2 years have lived, together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954, section 32DA, or have so lived together as a couple for at least 2 years.
de facto relationship means the relationship between de facto partners.
de facto relationship instrument see section 422.
de facto relationship property see section 423.
deferred farm-in agreement see section 84C.
defined relative, of a person, means each of the following—
(a) the person's spouse;
(b) a parent of the person or the person's spouse;
(c) a grandparent of the person or the person's spouse;
(d) a brother, sister, nephew or niece of the person or the person's spouse;
(e) a child or grandchild of the person or the person's spouse;
(f) an aunt or uncle of the person or the person's spouse;
(g) the spouse of anyone mentioned in paragraphs (b) to (f).
demonstrator means a new vehicle used solely or primarily for the sale of another new vehicle of the same type.
descendant, of a person, means—
(a) a child or grandchild of the person or the person's spouse; or
(b) a spouse of a child or grandchild mentioned in paragraph (a).
digitally sign see the Electronic Conveyancing National Law (Queensland), section 3.
dissatisfied person means—
(a) for a decision of the commissioner to refuse to register a person as a self assessor—the applicant; or
(b) for a decision of the commissioner to amend, suspend or cancel a self assessor's registration—the self assessor; or
(d) for a decision of the commissioner to require a person to pay a penalty amount—the person.
dormant, for a company for a period, means the company has not, in the period—
(a) had any assets or liabilities other than share capital for subscriber shares or shares issued to replace subscriber shares of the same value on their redemption; or
(b) been party to an agreement or a beneficiary or trustee of a trust; or
(c) issued or sold any shares or rights relating to shares other than subscriber shares, rights relating to subscriber shares or shares issued to replace subscriber shares of the same value on their redemption.
duration period—
(a) for chapter 2, parts 13 and 14—see section 151A(2)(e); and
(b) for chapter 10, part 2—see section 416(1)(b) and (2)(b).
dutiable day, for the dutiable value of a vehicle, means—
(a) for an application to register a vehicle—the day the application is made; or
(b) for an application to transfer a vehicle—the day the transaction to which the transfer relates takes place.
dutiable property see section 10.
dutiable proportion, for a mortgage, means the proportion of the amount secured by the mortgage worked out under section 260.
dutiable transaction see section 9.
dutiable value for—
(a) a dutiable transaction—see section 11; or
(b) residential land or vacant land—see section 90; or
(c) a relevant acquisition under chapter 3, part 1 or 2—means the dutiable value of the acquisition worked out under chapter 3, part 1, division 4 or part 2, division 5; or
(d) a vehicle as defined for chapter 9—see section 378.
duty means a duty imposed under this Act.
duty benefit, for chapter 11, see section 434(1).
ECD variation see section 84E(2).
eligible money market dealer see the Corporations Act, section 9.
eligible rollover fund see the Superannuation Industry Act, section 242.
eligible superannuation entity see section 130A.
eligible use, for land—
(a) means the use of the land solely, or almost solely, for residential or traditional purposes; but
(b) does not include a use for a commercial purpose, including, for example, selling or leasing the land.
ELN means an Electronic Lodgment Network under the Electronic Conveyancing National Law (Queensland).
ELN transfer see section 156D.
ELN transfer document see section 156D.
ELN workspace, for an ELN transfer, see section 156D.
entity for—
(a) chapter 2, part 8, division 7, means a corporation, partnership, person or trust; or
(b) chapter 3, part 1, means a corporation or listed unit trust; or
(c) chapter 11, includes—
(i) a trust; and
(ii) a superannuation fund under the Superannuation Industry Act.
executive officer, of a body corporate, means a person who is concerned in, or takes part in, the management of the body, regardless of the person's designation and whether or not the person is a director of the body.
exempt acquisition means—
(a) a relevant acquisition for which landholder duty is not imposed under chapter 3, part 1, division 5 or chapter 10, parts 2 to 4; or
(b) a relevant acquisition for which corporate trustee duty is not imposed under chapter 3, part 2, division 6 or chapter 10, parts 2 to 4.
exempt bill of exchange means a bill of exchange that—
(a) is for $50,000 or more and a term of not more than 180 days; and
(b) is drawn, accepted or endorsed by a financial institution, an eligible money market dealer or dealer in the unofficial short-term money market.
exempt foreign company see the Corporations Act, section 9.
exempt managed investment scheme means a unit trust that is a managed investment scheme under the Corporations Act if, under section 601ED(2) of that Act, the unit trust does not have to be registered because of the issue of units in the trust only to wholesale clients within the meaning of section 761G(4) of that Act, including to persons who are not retail clients under section 761GA of that Act.
exempt promissory note means a promissory note that is for $50,000 or more and a term of not more than 180 days if—
(a) the only security provided to the person who discounts the note is the note; or
(b) the security is comprised of—
(i) the note and a guarantee by or for the government of the Commonwealth or a State; or
(ii) the note and a guarantee of a related body corporate of the corporation making the note; or
(iii) the note and a letter of credit from a financial institution.
exempt proprietary company means a proprietary company, other than an exempt foreign company, no share or interest in which is held by a body corporate other than another proprietary company that is not an exempt foreign company, whether directly or through interposed companies or trusts.
exempt short-term debenture see section 267(1).
existing right means any of the following—
(a) an existing statutory licence, other than a statutory business licence, granted by the State;
(b) an existing statutory licence, other than a statutory business licence, granted by the Commonwealth if the rights under the licence are exercisable in Queensland;
(c) an existing right to use a statutory licence, other than a statutory business licence, granted by the State;
(d) an existing right to use a statutory licence, other than a statutory business licence, granted by Commonwealth if the rights under the licence are exercisable in Queensland;
(e) an existing concession or licence to conduct a business in Queensland, other than a franchise arrangement;
(f) an existing lease or licence of a business conducted in Queensland, other than a franchise arrangement;
(g) existing rights under a joint venture agreement if the joint venture has dutiable property not solely comprising chattels;
(h) an existing right of the holder of a mortgage, including the debt secured by the mortgage, other than the holder of a mortgage-backed security;
(i) an existing option to acquire dutiable property if the acquisition of the property would be a dutiable transaction;
(j) an existing right of pre-emption for dutiable property;
(k) an existing right to acquire dutiable property;
(l) an existing right to exploit dutiable property, other than a business asset that is intellectual property;
(m) an existing right to the income from dutiable property.
expenditure completion date see section 84E(1).
exploration amount—
(a) for an upfront farm-in agreement—see section 84B(1)(b); or
(b) for a deferred farm-in agreement—see section 84C(1)(b).
exploration authority means a following authority—
(a) an authority to prospect under the Petroleum Act 1923 or Petroleum and Gas (Production and Safety) Act 2004;
(b) an exploration permit or prospecting permit under the Mineral Resources Act 1989;
(c) a geothermal exploration permit under the Geothermal Energy Act 2010;
(d) a GHG exploration permit under the Greenhouse Gas Storage Act 2009.
false or misleading includes false or misleading because of the omission of a statement.
family partnership, for a person, means a partnership of which—
(a) if the partnership carries on a business of primary production—the total partnership interests of the partners who are defined relatives of the person is at least 50%; or
(b) otherwise—the total partnership interests of the partners who are members of the person's family is at least 50%.
family trust, for a person, means a trust—
(a) the trustee of which started to hold the property on trust at the direction of—
(i) if the trust property is used to carry on a business of primary production—a defined relative of the person; or
(ii) otherwise—an ancestor of the person; and
(b) the beneficiaries of which—
(i) for a trust mentioned in paragraph (a)(i)—are defined relatives of the person; or
(ii) otherwise—are members of the person's family.
family unit trust, for a person, means a unit trust—
(a) that is a private unit trust; and
(b) for which at least 50% of the trust interests in the trust are held by the person, or—
(i) if the trust property is used to carry on a business of primary production—defined relatives of the person; or
(ii) otherwise—members of the person's family.
farmee—
(a) for an upfront farm-in agreement—see section 84B(1); or
(b) for a deferred farm-in agreement—see section 84C(1).
farm-in agreement means a deferred farm-in agreement or an upfront farm-in agreement.
farmor see section 84A.
financial asset see section 130E.
financier see section 130D.
first entity, in a series of partnerships or trusts, means the partnership or trust in which the relevant partnership, relevant trust or corporate trustee has a partnership interest or trust interest.
first home—
(a) for a residence to be constructed on vacant land—see section 86B; or
(b) for chapter 5, part 6, division 2—see section 272; or
(c) otherwise—see section 86(2).
first home borrower see section 273(2).
first signed see section 490.
foreign acquirer, for chapter 4, see section 242.
foreign acquirer's interest, for chapter 4, see section 242.
foreign company see the Corporations Act, section 9.
foreign corporation, for chapter 4, see section 236.
foreign individual, for chapter 4, see section 235.
foreign person, for chapter 4, see section 234.
foreign trust, for chapter 4, see section 237.
franchise arrangement means an agreement or other arrangement between 2 or more persons by which 1 of them (the franchisor) who carries on a business authorises or permits another (the franchisee)—
(a) to engage in the business of offering, selling or distributing goods and services within or partly within Queensland at a place other than the place of business of the franchisor, and the franchisee is required to do so under—
(i) a stated marketing, business or technical plan or system; and
(ii) a common format or procedure or common format and procedure; and
(b) to use a mark or common trade name in a way that the business carried on by the franchisee is or is capable of being identified by the public as being substantially associated with the mark or name identifying, commonly connected with or controlled by the franchisor or a related person of the franchisor.
franchisee see definition franchise arrangement.
franchisor see definition franchise arrangement.
fund property means dutiable property of an eligible superannuation entity held by a person as—
(a) the trustee of the entity; or
(b) a custodian for the trustee of the entity.
funds manager see section 73.
general insurance see section 350.
general insurer see section 354.
government entity see the Public Service Act 2008, section 24.
group companies see section 400(1) and (2).
group company see section 400(3).
home see—
(a) for chapter 5, part 6, division 2—section 272; or
(b) for chapter 5, part 6, division 3—section 277; or
(c) otherwise—section 86(1).
home borrower see section 273(1).
home mortgage see section 271(1).
home refinance borrower see section 278.
home refinance mortgage see section 276(1).
incomplete ELN transfer, for chapter 2, part 15, see section 156D.
indirect interest, in dutiable property, held by—
(a) a partnership—see section 43; or
(b) a trust—see section 58; or
(c) for a corporate trustee—see section 210.
indirect trust acquisition means an acquisition of an indirect trust interest in a land holding trust.
indirect trust interest, for a land holding trust, means a person's interest in the land holding trust through 1 or more corporations, partnerships or trusts, or a combination of any of them.
information notice, for a decision of the commissioner, is a notice stating the following—
(a) the decision;
(b) the reasons for the decision;
(c) the person to whom the notice is given may apply for a review of the decision within 28 days;
(d) how to apply for the review.
instrument means a written document in hard copy form.
insurance duty see section 349(1).
insurance intermediary see the Insurance Contracts Act 1984 (Cwlth), section 11(1).
insured person includes the holder of a policy of insurance.
insurer means a person who is—
(a) either a general insurer or a life insurer; or
(b) both a general insurer and a life insurer.
intellectual property means—
(a) a patent, trademark, industrial design, copyright, registered design, plant breeder right or circuit layout right; or
(b) a right, whether or not under a franchise arrangement, to use or exploit—
(i) a patent, trademark, industrial design; or
(ii) a thing, system or process that is the subject of a patent, copyright, registered design, plant variety breeder or circuit layout right; or
(iii) an adaptation or modification of a thing, system or process mentioned in subparagraph (ii).
interest, of a person in a corporation for chapter 3, part 1, see section 159(1).
interposed trust see the Income Tax Assessment Act 1997 (Cwlth), section 124.1045(1).
intervening event means—
(a) a natural disaster, including, for example, fire and flood; or
(b) the death or incapacity of a transferee, lessee or home borrower to whom section 153, 154 or 291 applies; or
(c) another event prescribed under a regulation.
issued shares, for a corporation, are all the shares issued by the corporation that carry the right to unlimited participation in the distribution of income and capital of the corporation.
land—
(a) includes—
(i) airspace above land and the coastal waters of the State; and
(ii) a resource authority; but
(b) does not include an exploration permit under the Petroleum (Submerged Lands) Act 1982.
landholder see section 165.
landholder duty see section 157(1).
landholder duty statement see section 177.
land-holdings see section 167.
land holding trust means a wholesale unit trust or pooled public investment unit trust that holds, or has an indirect interest in, land in Queensland.
large qualified holder see section 76(2).
lease means—
(a) a lease, or agreement for lease, of land in Queensland; or
(b) an offer for the grant of exclusive possession of land in Queensland.
leased premises includes land the subject of an occupancy right.
lessee includes an assignee or sublessee of a lessee.
lessor includes an assignee or sublessor of a lessor.
liability date, for a mortgage, means the date the mortgage is liable under section 252 for mortgage duty.
liable party, for chapter 12A, see section 471A.
life company see the Life Insurance Act 1995 (Cwlth), schedule.
life insurance see section 351.
life insurance rider means insurance that—
(a) is attached to a policy of life insurance for which the premium or the part of the premium attributable to the attached insurance is stated separately on the policy; and
(b) provides for an additional capital payment in the event of the disablement, or the death by accident, of the insured.
life insurer see section 355.
limitation period, for a reassessment, see the Administration Act, schedule 2.
listed corporation means a corporation whose shares are quoted on the market operated by a recognised stock exchange.
listed unit trust see section 69.
list price, of a vehicle, means the recommended retail price or, if there is more than 1 recommended retail price, the highest recommended retail price, of the manufacturer, importer or principal distributor at Brisbane of—
(a) for a truck—the relevant make and model of the cab-chassis; or
(b) for another vehicle—the vehicle.
loan see section 250.
locked, in relation to an ELN workspace for an ELN transfer, see section 156F(1).
lodge means lodge with the commissioner.
lot, for chapter 2, part 15, see section 156D.
majority shareholder, of a corporation, means a person who—
(a) is the holder of at least 50% of the voting shares in the corporation; or
(b) has the power, whether direct or indirect, to exercise, or control the exercise of, a right to vote attached to at least 50% of the voting shares.
majority trust acquisition see section 80.
management member, of an unincorporated body, means—
(a) if the body has a management committee—each member of the management committee; or
(b) otherwise—a person who is concerned with, or takes part in, the body's management, whatever name is given to the member's position in the body.
marketable security means—
(a) any share or right relating to a share; or
(b) any right or interest, whether described as a unit or otherwise, of a beneficiary under a public unit trust.
market value, of a vehicle, see section 379.
marriage includes a void marriage.
matrimonial instrument see section 420.
matrimonial property see section 421.
member, of a person's family, means the person and each of the following—
(a) the person's spouse;
(b) the parents of the person or the person's spouse;
(c) the grandparents of the person or the person's spouse;
(d) a brother, sister, nephew or niece of the person or the person's spouse;
(e) a child, stepchild or grandchild of the person;
(f) the spouse of anyone mentioned in paragraph (d) or (e).
member, of a qualified holder, includes a unit holder, beneficiary and a policy owner.
merchant means a person who—
(a) supplies goods, services, money or money's worth; and
(b) relies, partly or wholly, on a credit card for payment or recoupment for the supply.
modified for a person with a disability see section 379B.
mortgage see—
(a) for chapter 5, other than part 7, division 2—section 248; or
(b) for chapter 2, part 13, division 3C and chapter 5, part 7, division 2—section 287; or
(c) otherwise—section 248(1).
mortgage-backed security see section 286.
mortgage duty see section 247(1).
mortgagee includes a person who accepts or takes a security of a type mentioned in section 248.
mortgage package see section 261.
mortgagor includes a person who gives a security of a type mentioned in section 248.
motor vehicle, for chapter 8, means a motor vehicle as defined in the Vehicle Registration Act, but does not include a caravan.
net premiums charged see section 356.
new duration period—
(a) for chapter 2, parts 13 and 14—see section 151A(3)(b)(ii); and
(b) for chapter 10, part 2—see section 417(1)(b).
new parent company see section 409(1).
new right means any of the following—
(a) land in Queensland, other than the following interests in land—
(i) a security interest;
(ii) a partner's interest in a partnership;
(iii) a trust interest;
(iv) the interest of a discretionary object of a trust that holds dutiable property;
(b) a lease or licence of a business, other than a franchise arrangement, conducted in Queensland;
(c) an option to acquire dutiable property if the acquisition of the property would be a dutiable transaction;
(d) a right to use an existing statutory licence granted by the State;
(e) a right to use an existing statutory licence granted by the Commonwealth if the rights under the licence are exercisable in Queensland;
(g) a cane railway easement granted under the Sugar Industry Act 1999;
(h) a water entitlement;
(i) a licence or right to do a thing that is—
(i) prescribed under a regulation; and
(ii) sold or granted by the State, a government entity, a government owned corporation or a rail government entity under the Transport Infrastructure Act 1994.
new start date—
(a) for chapter 2, parts 13 and 14—see section 151A(3)(b)(i); and
(b) for chapter 10, part 2—see section 417(1)(b).
new vehicle means a vehicle as defined for chapter 9 that has not been previously registered in Queensland or another State.
notice means written notice.
notice of registration, for a self assessor, means a notice of the self assessor's registration under chapter 12, part 1 to 3, and includes the notice of amendment of the self assessor's registration given under section 464(1).
objection, for an assessment, see the Administration Act, schedule 2.
occupancy requirement, for a person's residence, means the person's occupation date for the residence is within 1 year or 2 years after the transfer date for the land, whichever is relevant under section 86(1) or 86B(1)(a).
occupancy right means an agreement granting, or an offer for the grant of, a right to occupy premises in Queensland if—
(a) the occupier intends to use the premises for conducting a business; and
(b) the occupier does not obtain a right to exclusive possession but the occupier's use and enjoyment of the premises as a place of business is not adversely affected by the absence of the right to exclusive possession; and
(c) one of the following applies—
(i) the right is for a term of less than 1 month and there is an arrangement for extension or renewal of the right beyond 1 month and the cost of the right is more than $10,000 on an annual basis;
(ii) the right is for a term of at least 1 month but less than 1 year and the cost of the right is more than $10,000 on an annual basis;
(iii) the right is for a term of at least 1 year and the consideration for the term of the right is more than $10,000 annually.
occupation date, for a residence, see section 88.
omitted definition, for chapter 17, part 6, see section 568.
optional equipment, for a vehicle as defined for chapter 9, means equipment and features that—
(a) are not included in the vehicle's list price; and
(b) are fitted to the vehicle or otherwise provided with the vehicle when the purchaser takes possession of it.
original assessment see the Administration Act, schedule 2.
original decision means a decision of the commissioner to—
(a) refuse an application to register a person as a self assessor; or
(b) amend, suspend or cancel a self assessor's registration other than a decision to cancel the registration under section 470A; or
(d) require a person to pay a penalty amount.
outstanding amount, for landholder duty, includes unpaid tax interest and penalty tax for the duty.
* Note—
* See the Administration Act, sections 54 (Unpaid tax interest) and 58 (Liability for penalty tax).
outstanding liability—
(a) for chapter 2, part 15, division 4, see section 156P(1)(b); or
(b) for chapter 4, part 6, see section 246B(1)(b).
owner, of a residence or vacant land, includes the lessee of a lease mentioned in section 85(b) of the land on which the residence is constructed or is to be constructed.
ownership interest see the Income Tax Assessment Act 1997 (Cwlth), section 125.60(1).
parent company see section 401.
partition see section 31(1).
partnership acquisition see section 41.
partnership interest see section 42.
party, to a marriage, includes a person who was a party to a marriage that has been dissolved or annulled, whether in Australia or elsewhere.
payment commitment, for an agreement for the transfer of dutiable property, see section 156N.
penalty amount see section 488(2).
penalty tax see the Administration Act, section 58(1).
permanent resident means—
(a) the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1); or
(b) a New Zealand citizen who is the holder of a special category visa as defined by the Migration Act 1958 (Cwlth), section 32.
personal property means a personal chattel.
Examples of personal property—
* an aircraft, boat or motor vehicle
* livestock
* material held for use in manufactured or partially manufactured goods
* plant or equipment
* trading stock
place includes land and premises.
plant breeder right means—
(a) a plant breeder's right under the Plant Breeder's Rights Act 1994 (Cwlth); or
(b) a plant breeder's right corresponding to a right mentioned in paragraph (a).
pooled public investment unit trust see section 75.
pooled superannuation trust see the Superannuation Industry Act, section 10.
pool of financial assets see section 130F.
pool of mortgages see section 288.
premises means—
(a) a building or structure of any kind or part of a building or structure of any kind; or
(b) a building or structure of any kind or part of a building or structure of any kind together with the land, or part of the land, on which the building or structure is situated.
premium, for general insurance or life insurance, see section 353.
premium funding agreement means an agreement under which—
(a) a person agrees to make a loan, to the insured person under a policy of insurance of any kind, of an amount payable for premiums under the policy; and
(b) the person obtains from the insured person an assignment of either or both of the following as security for payment of the loan—
(i) the insured person's interest in the policy;
(ii) all amounts payable under the policy.
pre-repeal credit transaction, for chapter 17, part 5, division 1, see section 554(1).
pre-repeal hire, for chapter 17, part 6, division 4, see section 578.
pre-repeal hiring charge, for chapter 17, part 6, division 4, see section 578.
pre-repeal lease duty liability, for chapter 17, part 5, division 2, see section 558(1).
pre-repeal marketable security transaction, for chapter 17, part 6, division 3, see section 572.
prescribed business means a business involving solely an activity prescribed under a regulation.
prescribed credit card provider means a corporation that—
(a) is principally engaged in supplying goods or services or is a related body corporate of a corporation (the related corporation) that is principally engaged in supplying goods or services; and
(b) issues a credit card principally for use in connection with transactions between the credit card holder and the corporation or the related corporation for the supply of goods or services by the corporation or the related corporation; and
(c) is prescribed under a regulation to be a corporation to which this paragraph applies.
prescribed interest scheme means an investment scheme that offers prescribed interests as that term was defined in the former Corporations Law as in force on 30 June 1998.
previous—
(a) for chapter 17, part 6, division 4, see section 578; and
(b) for chapter 17, part 9, division 1, see section 590; and
(c) for chapter 17, part 15, see section 622.
primary beneficiary, of a trust, means a person who under the instrument creating the trust is the first taker in default of an appointment for capital by the trustee of the trust.
primary custodian—
1 The primary custodian for the responsible entity of a registered managed investment scheme means the corporation that has been appointed under the Corporations Act, section 601FB(2), to hold property of the scheme as agent for the responsible entity.
2 However, the term does not include a person who, under the Corporations Act, section 601FB(3), is taken to be an agent appointed by the responsible entity to do something for subsection (2) of the section.
primary producer means—
(a) for chapter 9—a person who, under the Vehicle Registration Act, is entitled to concessional registration for a primary production vehicle under that Act; or
(b) otherwise—a person engaged in the business of primary production.
principal, for a loan, means the amount actually lent.
private landholder see section 165A(1).
properly stamped see section 491.
property—
(a) generally—includes dutiable property and a new right; or
(b) of a corporation for chapter 3, part 1—see section 168.
proposed action see section 466(2)(a).
proprietary company see the Corporations Act, section 45A(1).
public company means a company other than a proprietary company.
public landholder see section 165A(2).
public offer superannuation fund see the Superannuation Industry Act, section 18.
public superannuation entity means—
(a) a complying approved deposit fund, other than an excluded approved deposit fund under the Superannuation Industry Act, section 10; or
(b) an eligible rollover fund; or
(c) a pooled superannuation trust; or
(d) a public offer superannuation fund; or
(e) a fund or trust the trustee of which declares will be a fund or trust mentioned in paragraphs (a) to (d) within 1 year after the creation of the fund or trust.
public unit trust see section 68.
purchase agreement means an uncompleted agreement, whether or not conditional, for the acquisition of dutiable property.
qualified holder see section 76(1).
qualifying exempt purpose see section 415(1).
Queensland business see section 36.
Queensland business asset see section 34.
Queensland company means a company within the meaning of the Corporations Act that is taken to be registered in Queensland under that Act.
Queensland marketable security—
1 A Queensland marketable security means—
(a) any share or right relating to a share in a Queensland company or society; or
(b) any share or right relating to a share in a foreign company that is kept on the Australian register kept in Queensland; or
(c) any right or interest, whether described as a unit or otherwise, of a beneficiary under a public unit trust registered on a register kept in Queensland.
2 However, the term does not include any share, right or interest that—
(a) is quoted on the market operated by a recognised stock exchange; or
(b) relates to a share mentioned in paragraph (a).
* Note—
* Section 498A includes provision about when the quotation of securities is suspended.
reassessment see the Administration Act, schedule 2.
reassessment event see section 84M(1).
recognised stock exchange means—
(a) the Australian Securities Exchange; or
(b) another stock exchange prescribed under a regulation.
referable point, for the dutiable proportion of a mortgage, means the document used to work out the dutiable proportion under section 260.
registered, for a vehicle, means registered under the Vehicle Registration Act or the Act of another State that corresponds to the Vehicle Registration Act.
registered credit provider, for chapter 17, part 5, division 1, see section 554(1).
registered insurer means an insurer registered under chapter 12, part 1.
registered managed investment scheme means a managed investment scheme within the meaning of the Corporations Act, section 9, if the scheme is registered under section 601EB of that Act.
registered operator, of a vehicle, means the person in whose name the vehicle is registered.
registered valuer means a valuer registered under the Valuers Registration Act 1992.
registrar means the registrar of titles or another person responsible for keeping a register for dealings in land.
related, for chapter 2, part 15, see section 156G.
related body corporate see the Corporations Act, section 50.
related person—
(a) for chapter 2, part 8—see section 61; or
(b) for chapter 3 or section 498—see section 164; or
(c) for chapter 4—see section 238; or
(d) otherwise—see section 61(1).
relative, for chapter 9, see section 379A.
release of mortgage includes—
(a) a retransfer of the property secured by a mortgage or the benefit of that property; and
(b) a release or discharge of a mortgage or the obligations under a mortgage.
relevant acquisition for—
(a) chapter 3, part 1, chapter 10, part 1 or section 498—see section 158; or
(b) chapter 3, part 2—see section 207.
relevant corporation, for a corporate trustee, see section 211.
relevant exploration or development see section 84F.
relevant lodgement requirement, for chapter 12A, see section 471B.
relevant residential land, for chapter 2, part 15, see section 156D.
relevant transactions, for chapter 4, see section 230.
relevant transfer agreement see section 156D.
repealed—
(a) for chapter 17, part 5, division 1, see section 554(1); and
(b) for chapter 17, part 5, division 2, see section 558(1).
repealed Act means the repealed Stamp Act 1894 as in force immediately before its repeal.
representative, of a self assessor, means—
(a) for a body corporate—an executive officer of the body; or
(b) for a partnership—a partner of the partnership; or
(c) for an unincorporated body—a management member of the body.
residence see section 87.
resident, of a retirement village, see the Retirement Villages Act 1999, section 9.
residential land—
(a) see section 86A; and
(b) for chapter 5, part 6 and section 291—includes land, or the part of land, on which a residence is to be constructed.
resource authority means any of the following—
(a) a geothermal tenure under the Geothermal Energy Act 2010;
(b) a GHG authority under the Greenhouse Gas Storage Act 2009;
(c) a mining tenement under the Mineral Resources Act 1989;
(d) the following petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004
(i) an authority to prospect;
(ii) a petroleum lease;
(iii) a data acquisition authority;
(iv) a water monitoring authority;
(v) a pipeline licence;
(vi) a petroleum facility licence;
(e) an authority to prospect or lease under the Petroleum Act 1923;
(f) a sublease under the following—
(i) a geothermal coordination arrangement under the Geothermal Energy Act 2010;
(ii) a GHG coordination arrangement under the Greenhouse Gas Storage Act 2009;
(iii) a coordination arrangement under the Petroleum and Gas (Production and Safety) Act 2004.
responsible entity, for a unit trust that is a registered management investment scheme, means the responsible entity under the Corporations Act for the unit trust.
retirement village see the Retirement Villages Act 1999, section 5.
retirement village leasing arrangement means an arrangement—
(a) entered into between an owner of an accommodation unit in a retirement village and the scheme operator; and
(b) under which the owner leases the unit to the scheme operator but occupies the unit, as the owner's principal place of residence, under a sublease from the scheme operator; and
(c) that is the only arrangement available to the owner for occupying the unit.
retrospectivity period, for chapter 17, part 17, see section 630.
return means a form of return approved under this Act for lodgement by a self assessor.
return date, for lodgement of returns by a self assessor, means the date stated in the notice of registration given to the self assessor for lodging returns and paying duty.
return period, for lodgement of returns by a self assessor, means the period stated in the notice of registration given to the self assessor to be covered by the returns.
return self assessment see the Administration Act, schedule 2.
review decision see section 473(1).
sale agreement means an uncompleted agreement, whether or not conditional, for the disposal of dutiable property.
scheme means—
(a) any agreement, arrangement, understanding, promise or undertaking—
(i) whether it is express or implied; and
(ii) whether or not it is, or is intended to be enforceable, by legal proceedings; or
(b) any scheme, plan, proposal, action, course of action or course of conduct whether unilateral or otherwise.
scheme operator means a retirement village scheme operator within the meaning of the Retirement Villages Act 1999, section 8.
scheme property means dutiable property of a registered managed investment scheme held by a person as—
(a) the responsible entity of the scheme; or
(b) a primary custodian for the responsible entity of the scheme.
section 152 exempt transaction see section 152(3).
security interest means the estate or interest of a mortgagee, chargee or other secured creditor.
self assessor means a person registered under chapter 12, part 1, 2 or 3, as a self assessor.
share—
(a) for chapter 10, part 1—means a share or stock of a corporation or society; or
(b) otherwise—means a share or stock of a corporation or society, or an interest in a share or stock of a corporation or society.
share interest see section 208.
show cause notice see section 466(1).
show cause period see section 466(2)(e).
signed, in relation to an ELN transfer document for an ELN transfer, see section 156E.
significant interest, of a person in a landholder, see section 159.
site agreement see the Manufactured Homes (Residential Parks) Act 2003, section 14.
society means—
(a) a society registered under the Financial Intermediaries Act 1996 as a cooperative housing society; or
(b) a body registered under the Cooperatives Act 1997 as a cooperative.
special vehicle means any of the following—
(a) a vehicle that is, or will be on its registration, registered under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, section 12(2);
(b) mobile machinery within the meaning of the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, schedule 8, other than mobile machinery built on a truck chassis.
spouse includes de facto partner and civil partner.
standard self assessment see the Administration Act, schedule 2.
stapled entity see the Income Tax Assessment Act 1997 (Cwlth), section 124.1045(2).
start date—
(a) for chapter 2, parts 13 and 14—see section 151A(2)(d); and
(b) for chapter 10, part 2—see section 416(1)(a) and (2)(a).
start time, for chapter 17, part 17, see section 630.
statutory business licence means a statutory licence that is required to be held by a person to carry out an activity for gain or reward.
statutory dutiable transaction means a dutiable transaction mentioned in section 9(1)(a) to (d) under which a statutory entity makes a compulsory acquisition of dutiable property.
statutory entity means—
(a) a constructing authority under the Acquisition of Land Act 1967; or
(b) an entity that is established under an Act and authorised under the Act to acquire property.
statutory licence means a licence, permit or other authority issued or given under a Queensland or Commonwealth Act, other than the following—
(a) a chattel authority;
(b) an exploration permit under the Petroleum (Submerged Lands) Act 1982.
subordinate interest, for chapter 2, part 8, division 7, means—
(a) for a corporation—a shareholder's interest in the corporation being the proportion that the number of the shareholder's shares bears to the total issued shares of the corporation expressed as a percentage; or
(b) for a partnership—a partnership interest; or
(c) for a trust—a trust interest.
subscriber, for chapter 2, part 15, see section 156D.
subsidiary for—
(a) chapter 3—see section 166; or
(b) chapter 10—see section 402.
Superannuation Industry Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth).
supply right, of a business, means a right under an uncompleted contract for the supply of goods or services of the business.
surrender includes the following—
(a) abandonment;
(b) abrogation;
(c) cancellation;
(d) extinguishment;
(e) forfeiture;
(f) redemption;
(g) relinquishment.
the State includes a body or instrumentality that represents the State.
traditional purposes means the traditional purposes of Aboriginal people or Torres Strait Islanders under Aboriginal tradition or Island custom, including, for example—
(a) camping, fishing, gathering or hunting; and
(b) performing rites or other ceremonies; and
(c) visiting sites of significance.
trading stock, for chapter 9, means a used vehicle offered or exposed for sale by a vehicle dealer in the course of the dealer's business, other than a vehicle used—
(a) solely or principally by the dealer or a member of the dealer's staff or family; or
(b) for the general purposes of the dealer's business.
transaction number, for an instrument or ELN transfer document endorsed by a self assessor, means the transaction number—
(a) assigned to the instrument or ELN transfer document by the self assessor under a system stated in the self assessor's notice of registration; or
(b) assigned to the instrument or ELN transfer document, and notified to the self assessor, under a system administered by the commissioner.
transaction statement means a form of transaction statement approved under this Act for lodgement by a self assessor.
transfer includes assignment and exchange.
transferable site area means a floor space area that—
(a) is recorded in a register kept by a local government; and
(b) derives from the unused development potential of land in Queensland that contains improvements of heritage value; and
(c) may, subject to obtaining all necessary consent and approvals, be used in the development of other land in Queensland.
transfer date, for residential land or vacant land, see section 89.
transfer duty see section 8(1).
transfer duty statement see section 18.
transfer information, for chapter 2, part 15, see section 156D.
truck see the Vehicle Registration Act, schedule 4.
trust acquisition see section 55.
trustee—
(a) generally—includes a former trustee; and
(b) of an eligible superannuation entity for sections 130A and 130B, means—
(i) if the entity's trustee is an RSE licensee under the Superannuation Industry Act, section 10—the RSE licensee; or
(ii) otherwise—the trustee of the entity under the Superannuation Industry Act, section 10.
trust interest see section 57(1).
trust surrender see section 56.
ultimate entity means a partnership or trust in a series of partnerships or trusts if it holds dutiable property and does not hold an indirect interest in dutiable property.
unencumbered value, of property, see section 14.
unit, in a unit trust, means a right or interest (however described) of a beneficiary under the trust, and includes an interest in a unit in the trust.
unlisted corporation means a corporation other than a listed corporation.
* Note—
* Section 498A includes provision about when the quotation of securities is suspended.
unlocked, in relation to an ELN workspace for an ELN transfer, see section 156F(2).
unpaid tax interest see the Administration Act, section 54(1).
upfront farm-in agreement see section 84B.
vacant land see section 86C.
vacant land concession beneficiary see section 86D.
vehicle means a vehicle that is required to be registered under the Vehicle Registration Act, but does not include the following—
(a) a caravan;
(b) a trailer.
vehicle dealer means—
(a) the holder of a motor dealer licence under the Motor Dealers and Chattel Auctioneers Act 2014 or the holder of an equivalent licence or other authority under an Act of another State that corresponds to that Act; or
(b) a person who carries on the business of selling new vehicles.
Vehicle Registration Act means the Transport Operations (Road Use Management) Act 1995.
vehicle registration duty see section 377(1).
vested person, for property, means a person in whom the property is vested.
voting control, for a company, means being in a position to cast, or control the casting of, 90% or more of the maximum votes that can be cast at a general meeting of the company other than under a debenture or trust deed securing the issue of a debenture.
water allocation see the Water Act 2000, schedule 4.
water entitlement see the Water Act 2000, schedule 4.
wholesale investor see section 74.
wholesale unit trust see section 72(1) and (2).
widely held unit trust see section 70(1).
WorkCover Queensland means WorkCover Queensland established under the Workers' Compensation and Rehabilitation Act 2003.


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