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STAMP DUTIES ACT 1923 - SECT 71DA

STAMP DUTIES ACT 1923 - SECT 71DA

71DA—Duty on certain conveyances between superannuation funds etc

        (1)         If on an application made under this section the Commissioner is satisfied—

            (a)         that the applicant is a party to an instrument that constitutes—

                  (i)         a conveyance of property between superannuation funds; or

                  (ii)         an agreement to convey property between superannuation funds; and

            (b)         that the trustees of the respective funds are of the opinion that the funds will be complying superannuation funds for the year in which the conveyance occurs; and

            (c)         that the conveyance is in connection with a person ceasing to be a member of, or otherwise ceasing to be entitled to benefits in respect of, one superannuation fund and becoming a member of, or otherwise becoming entitled to benefits in respect of, the other superannuation fund,

this section applies to the instrument.

        (1a)         If on application made under this section the Commissioner is satisfied—

            (a)         that the applicant is a party to an instrument that is a conveyance of property, or an agreement to convey property, from a superannuation fund to a pooled superannuation trust; and

            (b)         that the purpose of the conveyance is to satisfy standards relating to the investment of assets of the superannuation fund prescribed by or under the SIS Act; and

            (c)         that the only consideration for the conveyance is the right to share in the income and assets of the pooled superannuation trust whether that right is in the form of units issued by the trust or some other form,

this section applies to the instrument.

        (1b)         If on application made under this section the Commissioner is satisfied—

            (a)         that the applicant is a party to an instrument that is a conveyance of property, or an agreement to convey property, from a pooled superannuation trust

                  (i)         to a superannuation fund; or

                  (ii)         to another pooled superannuation trust at the direction of a superannuation fund; and

            (b)         that the only consideration passing from the superannuation fund to the firstmentioned pooled superannuation trust for the conveyance is the surrender by the superannuation fund of the whole or part of its right to share in the income and assets of the pooled superannuation trust,

this section applies to the instrument.

        (2)         The duty payable on an instrument to which this section applies will be—

            (a)         the amount of ad valorem duty that would be payable on the instrument as a conveyance apart from this section; or

            (b)         $200,

whichever is the lesser.

        (3)         The Commissioner may require a party to an instrument that may be assessable under this section to provide such information or evidence as the Commissioner may require for the purpose of determining whether this section applies and, if so, the amount of duty payable on the instrument.

        (4)         The Commissioner may require the information or evidence to be given on oath or verified by statutory declaration.

        (5)         In this section—

"complying superannuation fund" means—

            (a)         a fund which is a complying superannuation fund within the meaning of section 267 of the Income Tax Assessment Act 1936 of the Commonwealth; or

            (b)         a fund which is a complying approved deposit fund as defined by section 47 of the SIS Act;

"pooled superannuation trust" means a pooled superannuation trust as defined in the SIS Act;

"the SIS Act" means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.

        (6)         This section applies to an instrument of a kind referred to in subsection (1), (1a) or (1b) if it was first lodged for stamping with the Commissioner on or after the commencement of the subsection concerned.