DUTIES ACT 2000 - NOTES
DUTIES ACT 2000 - NOTES
Version No.
132
No. 79 of 2000
Version incorporating amendments as at 13 December
2023
Í Í Í Í Í Í Í Í Í Í Í Í Í Í Í
Version No. 132
Duties Act 2000
No. 79 of 2000 Version incorporating amendments as at 13 December 2023
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
Versions of legislation and up-to-date legislative information.
Minister's second
reading speech—
Legislative Assembly: 5 October 2000
Legislative Council: 1 November 2000
The long title for the Bill for this Act was "to create and charge a number
of duties, to repeal the Stamps Act 1958 , to make consequential
amendments to other Acts and for other purposes."
The Duties Act 2000 was assented to on 28 November 2000 and came
into operation on 1 July 2001: section 2.
INTERPRETATION OF LEGISLATION ACT 1984
(ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January
2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13
October 2004, a legislative item relating to a provision of an Act is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act. See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to
the Duties Act 2000 by Acts and subordinate instruments .
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Statute Law Amendment (Relationships) Act 2001,
No. 27/2001
Assent Date:
12.6.01
Commencement Date:
S. 3(Sch. 1 item 2) on 23.8.01: Government Gazette 23.8.01
p. 1927
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Corporations (Consequential Amendments) Act 2001 , No.
44/2001
Assent Date:
27.6.01
Commencement Date:
S. 3(Sch. item 32) on 15.7.01: s. 2
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Duties (Amendment) Act 2001, No.
46/2001
Assent Date:
27.6.01
Commencement Date:
Ss 3 –31 on 1.7.01: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts (Taxation Reform Implementation) Act
2001, No. 48/2001 (as amended by No. 29/2002)
State Taxation Legislation (Amendment) Act 2001, No.
79/2001
Assent Date:
27.11.01
Commencement Date:
Ss 3 –11 on 28.11.01: s. 2
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Corporations (Financial Services Reform Amendments) Act
2002 , No. 9/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. item 4) on 23.4.02: s. 2
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Statute Law (Further Revision) Act 2002, No.
11/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. 1 item 17) on 24.4.02: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts (Further Tax Reform) Act 2002, No.
29/2002
State Taxation Legislation (Further Amendment) Act 2002,
No. 30/2002
Assent Date:
12.6.02
Commencement Date:
Ss 3(1)(3) , 4 , 5 , 7 (2), 8 (3), 13 on 1.7.01: s. 2(2) ; ss 6 ,
7 (1), 8 (1)(2), 15 on 13.6.02: s. 2(1) ; ss 3(2) , 9 –12 , 14 on 1.7.02:
s. 2(4)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts (Miscellaneous Amendments) Act 2003,
No. 58/2003
State Taxation Acts (Further Miscellaneous Amendments)
Act 2003, No. 113/2003
State Taxation Acts (Tax Reform) Act 2004,
No. 46/2004
State Taxation Acts (Amendment) Act 2004,
No. 71/2004
Assent Date:
19.10.04
Commencement Date:
Ss 4 –28 on 20.10.04: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Concessions Act 2004 , No.
82/2004
Assent Date:
16.11.04
Commencement Date:
S. 13(Sch. item 2) on 1.3.05: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts (General Amendment) Act 2005,
No. 36/2005
Duties and Land Tax Acts (Amendment) Act 2005,
No. 85/2005
Land Tax Act 2005 , No. 88/2005
Assent Date:
29.11.05
Commencement Date:
S. 117(Sch. 2 item 1) on 1.1.06: s. 2
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation (Reductions and Concessions) Act 2006,
No. 38/2006
Assent Date:
20.6.06
Commencement Date:
Ss 3 –6 on 21.6.06: s. 2
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Legislation (Miscellaneous Amendments) Act
2006, No. 84/2006
State Taxation Legislation Amendment (Housing
Affordability) Act 2006, No. 86/2006
Assent Date:
22.12.06
Commencement Date:
Ss 3 –5 on 22.12.06: s. 2
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation and Gambling Legislation Amendment (Budget
Measures) Act 2007, No. 22/2007
Payroll Tax Act 2007 ,
No. 26/2007
Assent Date:
26.6.07
Commencement Date:
Ss 110, 111 on 1.7.07: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Statute Law Revision Act 2007 ,
No. 28/2007
Assent Date:
26.6.07
Commencement Date:
S. 3(Sch. item 18) on 27.6.07: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Amendment Act 2007,
No. 33/2007
Assent Date:
24.7.07
Commencement Date:
Ss 3 –8 on 25.7.07: s. 2
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Relationships Act 2008 , No. 12/2008
State Taxation Acts Amendment Act 2008,
No. 31/2008
Health Services Legislation Amendment Act 2008, No.
79/2008
Assent Date:
11.12.08
Commencement Date:
S. 16 on 31.3.09: Government Gazette 19.2.09 p.
328
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Further Amendment Act 2008,
No. 84/2008
Relationships Amendment (Caring Relationships) Act 2009,
No. 4/2009
Assent Date:
10.2.09
Commencement Date:
S. 37(Sch. 1 item 10) on 1.12.09:
s. 2(2)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Amendment Act 2009,
No. 37/2009
Duties Amendment Act 2009,
No. 39/2009
Assent Date:
7.7.09
Commencement Date:
Ss 3 –15 on 21.11.08: reg. 2(2)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Statute Law Amendment (Evidence Consequential Provisions)
Act 2009, No. 69/2009
Assent Date:
24.11.09
Commencement Date:
S. 54(Sch. Pt 1 item 17) on 1.1.10: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Fair Work (Commonwealth Powers) Amendment Act 2009,
No. 74/2009
Assent Date:
1.12.09
Commencement Date:
S. 11 on 1.1.10: Government Gazette 10.12.09
p. 3215
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Consumer Affairs Legislation Amendment Act 2010,
No. 1/2010
Assent Date:
9.2.10
Commencement Date:
S. 104 on 1.8.10: Government Gazette 22.7.10
p. 1628
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Transport Integration Act 2010 , No. 6/2010 (as
amended by No. 45/2010)
Assent Date:
2.3.10
Commencement Date:
S. 203(1)(Sch. 6 item 13) on 1.7.10: Special
Gazette (No. 256) 30.6.10 p. 1
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Credit (Commonwealth Powers) Act 2010 ,
No. 11/2010
Assent Date:
30.3.10
Commencement Date:
S. 42 on 1.7.10: Government Gazette 24.6.10
p. 1273
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Amendment Act 2010,
No. 36/2010
Residential Tenancies Amendment Act 2010,
No. 67/2010
Assent Date:
28.9.10
Commencement Date:
S. 171 on 1.9.11: Special Gazette (No. 265) 16.8.11
p. 1
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Road Legislation Miscellaneous Amendments Act 2010,
No. 75/2010
Assent Date:
19.10.10
Commencement Date:
S. 23 on 1.8.11: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Amendment Act 2011,
No. 28/2011
Statute Law Revision Act 2011 ,
No. 29/2011
Assent Date:
21.6.11
Commencement Date:
S. 3(Sch. 1 item 31) on 22.6.11: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Transport Legislation Amendment (Public Transport
Development Authority) Act 2011, No. 61/2011
Assent Date:
15.11.11
Commencement Date:
S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11
p. 1; Sch. 1 item 3 on 2.4.12: Special Gazette (No. 101) 27.3.12
p. 1
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Further Amendment Act 2011,
No. 69/2011
Duties Amendment (Landholder) Act 2012,
No. 38/2012
Assent Date:
27.6.12
Commencement Date:
Ss 4 –15 on 1.7.12: s. 2
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Amendment Act 2012,
No. 42/2012
Co-operatives National Law Application Act 2013 , No.
9/2013
Assent Date:
13.3.13
Commencement Date:
S. 42(Sch. 2 item 7) on 3.3.14: Special Gazette
(No. 46) 18.2.14 p. 1
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Statute Law Amendment (Directors' Liability) Act 2013,
No. 13/2013
Assent Date:
13.3.13
Commencement Date:
S. 56 on 14.3.13: s. 2
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Tax Laws Amendment (Budget and Other Measures) Act
2013, No. 41/2013
Workplace Injury Rehabilitation and Compensation Act
2013 , No. 67/2013
Assent Date:
12.11.13
Commencement Date:
S. 649(Sch. 9 item 12) on 1.7.14: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation and Financial Legislation Amendment Act
2013, No. 69/2013
Statute Law Revision Act 2013 , No.
70/2013
Assent Date:
19.11.13
Commencement Date:
Ss 3(Sch. 1 item 15), 4(Sch. 2 item 13) on 1.12.13:
s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Mental Health Act 2014 , No. 26/2014
Assent Date:
8.4.14
Commencement Date:
S. 455(Sch. item 9) on 1.7.14: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Building a Better Victoria (State Tax and Other
Legislation Amendment) Act 2014, No. 40/2014
Assent Date:
17.6.14
Commencement Date:
Ss 3 –10 on 1.7.14: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Amendment Act 2015, No.
26/2015
State Taxation Acts Further Amendment Act 2015, No.
67/2015
Assent Date:
1.12.15
Commencement Date:
S. 3 on 1.1.16: s. 2(4)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation and Other Acts Amendment Act 2016, No.
40/2016
Assent Date:
28.6.16
Commencement Date:
Ss 3 –10 on 1.7.16: s. 2(5)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Transport Integration Amendment (Head, Transport for
Victoria and Other Governance Reforms) Act 2017,
No. 3/2017
Assent Date:
14.2.17
Commencement Date:
S. 50(Sch. 1 item 2) on 12.4.17: Special Gazette (No.
117) 12.4.17 p. 1
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Amendment Act 2017,
No. 28/2017
Commercial Passenger Vehicle Industry Amendment (Further
Reforms) Act 2017, No. 63/2017
Assent Date:
19.12.17
Commencement Date:
S. 21(Sch. 1 item 2) on 2.7.18: Special Gazette
(No. 248) 29.5.18 p. 1
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Further Amendment Act 2017,
No. 67/2017
State Taxation Acts Amendment Act 2018,
No. 22/2018
Guardianship and Administration Act 2019, No.
13/2019
Assent Date:
4.6.19
Commencement Date:
S. 221(Sch. 1 item 13) on 1.3.20:
s. 2(2)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Amendment Act 2019,
No. 17/2019
State Taxation Acts Further Amendment Act 2019, No.
46/2019
Assent Date:
19.11.19
Commencement Date:
Ss 3 −10 on 20.11.19: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Transport Legislation Amendment Act 2019, No.
49/2019
Assent Date:
3.12.19
Commencement Date:
S. 186(Sch. 4 item 14) on 1.1.20: Special Gazette
(No. 514) 10.12.19 p. 1
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Local Government Act 2020 ,
No. 9/2020
Assent Date:
24.3.20
Commencement Date:
S. 390(Sch. 1 item 27) on 6.4.20: Special Gazette (No.
150) 24.3.20 p. 1
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Amendment (Relief Measures) Act 2020,
No. 14/2020
Assent Date:
28.4.20
Commencement Date:
Ss 3 –5 on 29.4.20: s. 2
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Amendment
Act 2020, No. 47/2020
Assent Date:
15.12.20
Commencement Date:
Ss 3 –21 on 16.12.20: s. 2
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation and Mental Health Acts Amendment
Act 2021, No. 22/2021
Assent Date:
16.6.21
Commencement Date:
Ss 3 –10 , 19 on 1.7.21:
s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Suburban Rail Loop
Act 2021 , No. 43/2021
Assent Date:
19.10.21
Commencement Date:
S. 219(Sch. 1 item 4) on 1.12.21:
Special Gazette (No. 649) 23.11.21 p. 1
Current
State:
This information relates only to the provision/s amending
the Duties Act 2000
Windfall Gains Tax and State Taxation and Other Acts
Further Amendment Act 2021, No. 52/2021
Assent Date:
30.11.21
Commencement Date:
Ss 45 –47 on 1.12.21:
s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation and Treasury Legislation Amendment
Act 2022, No. 23/2022
Assent Date:
15.6.22
Commencement Date:
S. 12 on 1.7.22: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Mental Health and Wellbeing Act 2022 ,
No. 39/2022
Assent Date:
6.9.22
Commencement Date:
S. 823 on 1.9.23: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
Residential Tenancies, Housing and Social Services
Regulation Amendment (Administration and Other Matters) Act 2022,
No. 40/2022
Assent Date:
6.9.22
Commencement Date:
S. 51 on 7.9.22: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts Amendment Act 2023,
No. 18/2023[4]
Victorian Future Fund Act 2023 ,
No. 19/2023
Assent Date:
27.6.23
Commencement Date:
S. 14 on 22.8.23: Special Gazette (No. 447)
22.8.23 p. 1
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
State Taxation Acts and Other Acts Amendment
Act 2023, No. 38/2023
Assent Date:
12.12.23
Commencement Date:
Ss 3 –12 on 13.12.23:
s. 2(1)
Current State:
This information relates only to the provision/s amending
the Duties Act 2000
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 28(2): The rate of duty
chargeable on dutiable transactions in respect of marketable securities is dealt
with in section 29. Concessional rates of duty chargeable on certain dutiable
transactions are dealt with in Part 5 of this Chapter.
[2] Chapter 3: This Chapter
charges duty on certain transactions that are not dutiable
transactions under Chapter 2. Duty is chargeable under Part 2 of this
Chapter on the acquisition by a person of an interest consisting of certain
shareholdings in a private company , or unitholdings in a private unit trust
scheme , whose property in either case consists, to the prescribed extent, of
land holdings.
The duty is chargeable at the general rate for a dutiable transaction under
Chapter 2, rather than at the rate applicable to transfers of shares and units .
An acquisition statement must be lodged when a majority interest is acquired or
increased. Duty on an acquisition statement is chargeable only on interests
acquired within a 3-year period. In certain cases the obligation to pay duty at
the higher rate is phased-in (see section 87).
Duty is chargeable —
under Part 3 on transactions by which corporate capital is reduced by
redemption, surrender or cancellation of shares or reduction of share value or
alteration of share rights ;
under Part 4 on the allotment of shares by direction.
[3] S. 105: Section 10 of the
Financial Sector Reform (Victoria) Act 1999 , No. 37/1999 provides that
property transferred under Part 3 of the Financial Sector (Business Transfer and
Group Restructure) Act 1999 of the Commonwealth (the Commonwealth
Act ) becomes the property of the receiving body when the certificate of
transfer issued under section 18 of the Commonwealth Act comes into force under
Division 3 of Part 3 of the Commonwealth Act.
[4] Table of Amendments (State
Taxation Acts Amendment Act 2023 ): The amendment proposed by
section 15(1) of the State Taxation Acts Amendment Act 2023 , No.
18/2023 is not included in this publication because the heading to section 58 is
not considered part of this Act: see section 36(2A) of the Interpretation of
Legislation Act 1984 , No. 10096/1984.
Section 15(1) reads as follows:
15 Section 58 amended
(1) In the heading to section 58 of the Duties Act 2000 , for
"eligible pensioner? " substitute "eligible
cardholder? ".