South Australian Consolidated Acts

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GIFT DUTY ACT 1968 - SECT 12

12—When gift is deemed to be made

        (1)         A disposition of property made or taking effect in pursuance of or in performance or satisfaction, whether wholly or in part, of a voluntary contract shall, for the purposes of this Act, be deemed to be a gift when and so far as the disposition has affected the property or any of the property to which the contract or agreement relates.

        (2)         For the purposes of this Act, a gift shall be deemed to be made after the commencement of this Act if the disposition of property comprised in the gift is made or takes effect after the commencement of this Act, notwithstanding that a contract or agreement or instrument of title which relates to the property or any part thereof was made or executed before the commencement of this Act.

        (3)         Nothing in the foregoing provisions of this section shall be construed as limiting the meaning of the expression "gift made after the commencement of this Act" in any other provision of this Act, in any case where the gift is in fact made after the commencement of this Act.



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