DUTIES ACT 2000 - SECT 235 Marriage and domestic relationships and their breakdown

DUTIES ACT 2000 - SECT 235

S. 235(1) amended by No. 85/2005 s. 14(a).

    (1)     No duty is chargeable under this Chapter on an application for registration or transfer of registration of a motor vehicle to effect a transfer of the vehicle from one person to another person if—

S. 235(1)(a) substituted by No. 27/2001 s. 3(Sch.  1 item 2.10(a)).

        (a)     either of the following applies—

              (i)     both people are spouses or domestic partners of each other; or

              (ii)     both people were spouses or domestic partners of each other and the Commissioner is satisfied that the transfer was made because of the breakdown of the marriage or domestic relationship; and

        (b)     no other person takes or is entitled to take an interest in the vehicle under the transfer.

S. 235(2) amended by No. 85/2005 s. 14(b).

    (2)     No duty is chargeable under this Chapter on an application for registration or transfer of registration of a motor vehicle lodged by a person if the Commissioner is satisfied that—

S. 235(2)(a) amended by No. 85/2005 s. 14(b).

        (a)     the application is lodged solely to transfer the vehicle to a trustee; and

S. 235(2)(b) amended by No. 27/2001 s. 3(Sch.  1 item 2.10(b)).

        (b)     the transfer has been made because of the breakdown of a marriage or domestic relationship; and

S. 235(2)(c) amended by No. 27/2001 s. 3(Sch.  1 item 2.10(b)).

        (c)     the transferor is or was a party to the marriage or domestic relationship; and

S. 235(2)(d) amended by No. 27/2001 s. 3(Sch.  1 item 2.10(b)).

        (d)     no person other than a party to the marriage or domestic relationship or a child of a party to the marriage or domestic relationship is a beneficiary of the trust.