Victorian Consolidated Legislation

Duties Act 2000 - SECT 3

Definitions

3. Definitions



(1) In this Act-

acquisition statement, in Part 2 of Chapter 3, means a statement referred to
in section 80(1);

advance, in Chapter 7, has the meaning given by section 150;

allotment statement, in Part 4 of Chapter 3, means a statement referred to in
section 101;

approved means approved by the Commissioner; approved agent means a person
registered as an approved agent under section 248A;



associated person means a person who is associated with another person in
accordance with any of the following provisions-

   (a)  persons are associated persons if they are related persons;

   (b)  natural persons are associated persons if they are partners in a
        partnership to which the Partnership Act 1958 applies;

   (c)  companies are associated persons if-

   (i)  there are minority shareholders common to each company who, if their
        interests were aggregated, would be majority shareholders in each
        company; or

   (ii) any majority shareholder or relative is a majority shareholder in each
        company;
(ca) companies are associated persons if the shares in the companies are
"stapled", in that they are unable to be traded other than as if they together
represented a single security;

   (d)  trustees are associated persons if any person is a beneficiary common
        to the trusts (not including a public unit trust scheme) of which they
        are trustees;

   (e)  a company and a trustee are associated persons if the company or a
        related body corporate of the company is a beneficiary of the trust
        (not including a public unit trust scheme) of which the trustee is a
        trustee;

(f) a company and the trustee of a unit trust scheme are associated persons if
their shares and units are "stapled", in that they are unable to be traded
other than as if they together represented a single security;
(g) trustees of unit trust schemes are associated persons if the units in each
of the unit trust schemes are "stapled", in that they are unable to be traded
other than as if they together represented a single security;

   (h)  a qualified investor and a private company are associated persons if
        the qualified investor is a majority shareholder in the private
        company;

   (i)  a qualified investor and the trustee of a private unit trust scheme
        are associated persons if the qualified investor holds 20% or more of
        the units in the private unit trust scheme; and, for the purposes of
        Part 2 of Chapter 3, a public company and a subsidiary of a public
        company are taken to be associated persons; ASX means ASX Limited
        (A.C.N. 008 624 691);



Australian register has the same meaning as in the Corporations Act;



* * * * *







authorised deposit-taking institution has the same meaning as in the
Banking Act 1959 of the Commonwealth;



calf means any cattle less than 6 weeks of age;

cattle means bull, cow, ox, steer, heifer or buffalo;

charge includes impose;

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 duly stamped under this Act or a corresponding Act;

commercial hire business has the meaning given by section 126;

commercial vehicle means-

   (a)  a motor vehicle or trailer within the meaning of the
        Road Safety Act 1986 constructed or adapted principally for the
        carriage of goods but does not include a motor vehicle of the kind
        known as a utility, a station wagon or a panel van; or

   (b)  a vehicle without motive power of its own and constructed or adapted
        principally for the carriage of goods and for being drawn by a motor
        vehicle within the meaning of that Act;

Commissioner means the Commissioner of State Revenue referred to in section 62
of the Taxation Administration Act 1997;

complying approved deposit fund means an entity that is a complying approved
deposit fund in accordance with section 43 of the
Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

complying superannuation fund means an entity that is a complying
superannuation fund in accordance with section 42 or 42A of the
Superannuation Industry (Supervision) Act 1993 of the Commonwealth and an
exempt public sector superannuation scheme and in section 40 includes a
complying approved deposit fund and an eligible rollover fund;

co-operative has the same meaning as in the Co-operatives Act 1996;

co-operative housing society has the same meaning as in the meaning of the
Co-operative Housing Societies Act 1958;

corporation means a body corporate, whether incorporated in this State or
elsewhere;

corresponding Act means an Act of another State or of a Territory
corresponding to this Act;

* * * * *



counterpart includes a duplicate;

Crown leasehold means a lease under the Land Act 1958 or any other Act or
enactment in respect of which a Crown grant in fee-simple is by law directed
or authorised to be made to the lessee on payment of all sums (whether
referred to as rent or otherwise) reserved by the lease and on compliance with
the other covenants of the lease;

* * * * *



demonstrator vehicle means a motor vehicle that is used exclusively for the
purpose of sale of another vehicle of the same class;

discretionary trust means a trust under which the vesting of the whole or any
part of the capital of the trust estate, or the whole or any part of the
income from that capital, or both-

   (a)  is required to be determined by a person either in respect of the
        identity of the beneficiaries or the quantum of interest to be taken,
        or both; or

   (b)  will occur if a discretion conferred under the trust is not exercised;
        or

   (c)  has occurred but under which the whole or any part of that capital or
        the whole or any part of that income, or both, will be divested from
        the person or persons in whom it is vested if a discretion conferred
        under the trust is exercised;

domestic partner of a person means a person with whom the person is in a
domestic relationship;

domestic relationship means-

   (a)  a registered domestic relationship; or

   (b)  a relationship between two persons who are not married to each other
        but who are living together as a couple on a genuine domestic basis
        (irrespective of gender);



dutiable property has the meaning given by section 10;

dutiable proportion, for a mortgage, means the proportion of the amount
secured by the mortgage worked out under section 159;

dutiable transaction has the meaning given by section 7(2);

dutiable value-

   (a)  of dutiable property has the meaning given by section 20;

   (b)  of a motor vehicle has the meaning given by section 219;

eligible first home owner has the meaning given by section 61;

eligible pensioner has the meaning given by section 58;

eligible rollover fund means an entity that is an eligible rollover fund in
accordance with section 242 of the
Superannuation Industry (Supervision) Act 1993 of the Commonwealth and
includes an entity the trustee of which is satisfied will be an eligible
rollover fund within 12 months after the date on which a liability to duty
arises (or would otherwise arise);

* * * * *



execute, in relation to an instrument not under seal, means sign;

farm machinery means-

   (a)  a harvester, binder, tractor, plough or other agricultural implement;
        or

   (b)  a boat;

   (c)  fishing equipment;

   (d)  any other goods of a class commonly used for the purposes of primary
        production that are determined by the Commissioner to be farm
        machinery for the purposes of sections 132(j) and 170-

where the goods are acquired for the purposes of primary production;

financial institution means-

   (a)  an authorised deposit-taking institution within the meaning of the
        Banking Act 1959 of the Commonwealth; or

   (b)  a co-operative within the meaning of the Co-operatives Act 1996; or

   (c)  a co-operative housing society within the meaning of the
        Co-operative Housing Societies Act 1958; or

   (d)  a body approved by the Governor in Council by Order published in the
        Government Gazette;

friendly society means a body that was a society within the meaning of the
Friendly Societies (Victoria) Code immediately before the transfer date within
the meaning of the Financial Sector Reform (Victoria) Act 1999 or is a
friendly society for the purposes of the Life Insurance Act 1995 of the
Commonwealth;

general insurance has the meaning given by section 176;

general insurer has the meaning given by section 184;

GST has the same meaning as it has in the
A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except
that it includes notional GST of the kind for which payments may be made under
Part 3 of the National Taxation Reform (Consequential Provisions) Act 2000 by
a person that is a State entity within the meaning of that Act;

heavy trailer means a trailer or semi-trailer within the meaning of the
Road Safety Act 1986 with an MRC exceeding 4×5 tonnes;

hire of goods has the meaning given by section 129;

hire purchase agreement has the meaning given by section 130(2);

hiring charges has the meaning given by section 135;

industrial organisation means an association of employees or employers
registered as an organisation under the
Fair Work (Registered Organisations) Act 2009 of the Commonwealth;

instrument includes a written document and a written statement;

insurance includes assurance; insurance intermediary means-

   (a)  a person who arranges contracts of insurance in Victoria-

   (i)  for reward; and

   (ii) as an agent for a person carrying on a business of insurance; or

   (b)  a financial services licensee (within the meaning of section 761A of
        the Corporations Act) whose licence covers arranging contracts of
        insurance as an agent for a person carrying on a business of
        insurance; or

   (c)  a regulated principal (within the meaning of section 1430 of the
        Corporations Act) when carrying on business as an insurance broker
        that the regulated principal is authorised to carry on by Subdivision
        D of Division 1 of Part 10.2 of that Act;

interest includes an estate or proprietary right; interest in a landholder has
the meaning given by section 76(1);

land use entitlement means an entitlement to occupy land in Victoria conferred
through an ownership of shares in a company or units in a unit trust scheme,
or a combination of a shareholding or ownership of units together with a lease
or licence; lease means a lease of land in Victoria or an agreement for a
lease of land in Victoria;





liability date, for a mortgage, means the date the mortgage is liable under
section 152 for mortgage duty;

licensed motor car trader has the same meaning as in the
Motor Car Traders Act 1986;

life insurance has the meaning given by section 198;

life insurer has the meaning given by section 202; linked entity has the
meaning given in section 74;



listed trust means-

   (a)  a unit trust scheme all the units in which are quoted on the ASX; or

   (b)  a unit trust scheme-

   (i)  all the units in which are quoted on any exchange of the World
        Federation of Exchanges (other than the ASX); and

   (ii) that is declared by the Commissioner under subsection (4)(a) to be a
        listed trust; majority shareholder in a company means-

   (a)  in the case of a company the shares in which are not divided into
        classes-a person entitled to not less than 50% of those shares; and

   (b)  in the case of a company the shares in which are divided into
        classes-a person entitled to not less than 50% of the shares in any of
        those classes;

managed investment scheme means a managed investment scheme within the meaning
of Chapter 5C of the Corporations Act;





marketable securities means the following-

   (a)  shares referred to in section 10(1)(b);

   (b)  units referred to in section 10(1)(c);

   (c)  an interest in shares or units referred to in paragraph (a) or (b);
        minority shareholder in a company, means a shareholder in that company
        who is not a majority shareholder;





mortgage-

   (a)  subject to paragraph (b), has the meaning given by section 149;

   (b)  for the purposes of section 251A and the definitions of
        mortgage-backed security and pool of mortgages means a mortgage of any
        estate or interest in land, including a leasehold estate or interest
        in land, whether the land is situated in Victoria or elsewhere, and
        includes a charge over any such land; mortgage-backed security means-

   (a)  an interest in a trust that entitles the holder of or beneficial owner
        under the interest-

   (i)  to the whole or any part of the rights or entitlements of a mortgagee
        and any other rights or entitlements in respect of a mortgage or any
        money payable by the mortgagor under the mortgage (whether the money
        is payable to the holder of or beneficial owner under the interest on
        the same terms and conditions as under the mortgage or not); or

   (ii) to the whole or any part of the rights or entitlements of a mortgagee
        and any other rights or entitlements in respect of a pool of mortgages
        or any money payable by mortgagors under those mortgages (whether the
        money is payable to the holder of or beneficial owner under the
        interest on the same terms and conditions as under the mortgages or
        not); or

   (iii) to payments that are derived substantially or, if the regulations
        prescribe the extent, to the prescribed extent, from the income or
        receipts of a pool of mortgages- and that may, in addition, entitle
        the holder or beneficial owner to a transfer or assignment of the
        mortgage or mortgages; or

   (b)  a debt security (whether or not in writing) the payments under which
        by the person who issues or makes the debt security are derived
        substantially or, if the regulations prescribe the extent, to the
        prescribed extent, from the income or receipts of a pool of mortgages;
        or

   (c)  any of the following-

   (i)  an interest in a trust creating, conferring or comprising a right or
        interest (whether described as a unit, bond or otherwise) of or on a
        beneficiary in a scheme under which any profit or income in which the
        beneficiaries participate arises from the acquisition, holding,
        management or disposal of prescribed property, or any instrument that
        evidences such a right or interest;

   (ii) a security (whether or not in writing) the payments under which by the
        person who issues or makes the security are derived substantially from
        the income or receipts of prescribed property;

   (iii) an interest in a trust, a debt security (whether or not in writing),
        an instrument or property that creates an interest in or charge over
        an interest in a trust, a debt security (whether or not in writing) or
        other instrument or property, to which paragraph (a) or (b) or
        subparagraph (i) or (ii) of this paragraph applies- but does not
        include an instrument or property comprising-

   (d)  a mortgage; or

   (e)  the transfer of a mortgage; or

   (f)  a declaration of trust; or

   (g)  an instrument of a class or description of instruments, or property of
        a class or description of property, prescribed not to be a
        mortgage-backed security for the purposes of this definition;

mortgage package has the meaning given by section 160;

motor vehicle means-

   (a)  a motor vehicle within the meaning of the Road Safety Act 1986; or

   (b)  a heavy trailer; MRC (Mass Rating for Charging) has the same meaning
        as in the National Schedule;

National Schedule means the Schedule to the
Road Transport Charges (Australian Capital Territory) Act 1993 of the
Commonwealth;

on-line duty payment system means a system for the electronic payment of duty
authorised by the Commissioner under a taxation law;



partner of a person means the person's spouse or domestic partner;



passenger car means-

   (a)  a motor vehicle constructed principally for the carriage of
        passengers; or

   (b)  a motor vehicle that-

   (i)  is designed principally for the conveyance of not more than 8 adults;
        and

   (ii) is constructed either on a truck chassis or with special features for
        off-road operation- but does not include-

   (c)  a motor cycle; or

   (d)  a motor vehicle having a utility or panel van type body in which the
        forward part of the body form and the greater part of the mechanical
        equipment are the same as those in a passenger car manufactured by the
        manufacturer of the motor vehicle; or

   (e)  a motor vehicle constructed for the carriage of passengers and
        equipped to seat more than 8 adults (including the driver);

person includes an unincorporated association and a partnership; Note person
also includes a body corporate-see section 38 of the
Interpretation of Legislation Act 1984.

pooled superannuation trust means an entity that is a pooled superannuation
trust in accordance with section 44 of the
Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

pool of mortgages means a pool or collection of assets-

   (a)  that consists solely of mortgages; or

   (b)  that consists substantially, or to the extent declared under
        subsection (2)(d), of mortgages or of money paid under mortgages, or
        both, and may include-

   (i)  cash;

   (ii) investments of a kind referred to in section 4(1)(a), (b), (c), (d),
        (e), (f), (g), (h), (i), (ia), (j), (k) or (o) of the Trustee Act 1958
        as in force immediately before the commencement of section 4 of the
        Trustee and Trustee Companies (Amendment) Act 1995;

   (iii) assets of a class of assets declared under subsection (2)(e);

premium, in relation to general insurance, has the meaning given by
section 177; prescribed property means any of the following-

   (a)  cash;

   (b)  investments of a kind referred to in section 4(1)(a), (b), (c), (d),
        (e), (f), (g), (h), (i), (ia), (j), (k) or (o) of the Trustee Act 1958
        as in force immediately before the commencement of section 4 of the
        Trustee and Trustee Companies (Amendment) Act 1995;

primary production means the use of land primarily for-

   (a)  cultivation for the purpose of selling the produce of cultivation
        (whether in a natural, processed or converted state); or

   (b)  the maintenance of animals or poultry for the purpose of selling them
        or their natural increase or bodily produce; or

   (c)  the keeping of bees for the purpose of selling their honey; or

   (d)  commercial fishing, including the preparation for commercial fishing
        or the storage or preservation of fish or fishing gear; or

   (e)  the cultivation or propagation for sale of plants, seedlings,
        mushrooms or orchids; private company means-

   (a)  a corporation that is not limited by shares; or

   (b)  a corporation that is not listed and whose shares are not quoted on
        the ASX or any exchange of the World Federation of Exchanges; or

   (c)  a corporation declared by the Commissioner under subsection (4)(b) to
        be a private company;

* * * * *

private unit trust scheme means a unit trust scheme that is not-

   (a)  a public unit trust scheme; or

   (b)  a wholesale unit trust scheme; public unit trust scheme means any of
        the following unit trust schemes-

   (a)  a listed trust;

   (b)  a widely held trust;

   (c)  a registered imminent public unit trust scheme;

   (d)  a registered declared public unit trust scheme- but does not include a
        unit trust scheme that is, or was at any time, a wholesale unit trust
        scheme or eligible for registration as such; qualified investor has
        the meaning given in section 89K;

receiving body, in Chapter 4, has the same meaning as in the
Financial Sector (Transfers of Business) Act 1999 of the Commonwealth.

recognised stock exchange means-

   (a)  a stock exchange that is a member of the World Federation of
        Exchanges; or

   (b)  a prescribed financial market (within the meaning of section 9 of the
        Corporations Act); or

   (c)  a licensed market (within the meaning of section 761A of the
        Corporations Act) that is prescribed as a recognised stock exchange
        for the purposes of this Act;

* * * * *

referrable point, for the dutiable proportion of a mortgage, means the
document or approved method used to work out the dutiable proportion under
section 159; registered declared public unit trust scheme means a unit trust
scheme declared as a public unit trust scheme under Division 7 of Part 2 of
Chapter 3;

registered imminent public unit trust scheme means a unit trust scheme that is
registered as an imminent public unit trust scheme under Division 7 of Part 2
of Chapter 3;

registered insurer means an insurer registered under Part 2 of Chapter 8;

registered operator has the same meaning as in the Road Safety Act 1986;

* * * * *





related body corporate has the same meaning as in the Corporations Act;



related person means a person who is related to another person in accordance
with any of the following provisions-

   (a)  natural persons are related persons if one of them is a relative of
        the other;

   (b)  companies are related persons if they are related bodies corporate
        within the meaning of the Corporations Act;

   (c)  a natural person and a company are related persons if the natural
        person is a majority shareholder or director of the company or of
        another company that is a related body corporate of the company within
        the meaning of the Corporations Act;

   (d)  a natural person and a trustee are related persons if the natural
        person is a beneficiary of the trust (not being a public unit trust
        scheme) of which the trustee is a trustee;

   (e)  a company and a trustee are related persons if the company, or a
        majority shareholder or director of the company, is a beneficiary of
        the trust (not being a public unit trust scheme) of which the trustee
        is a trustee;

* * * * *

relative in relation to a natural person, means a person who is-

   (a)  a child or remoter lineal descendant of the person or of the partner
        of the person;

   (b)  a parent or remoter lineal ancestor of the person or of the partner of
        the person;

   (c)  a brother or sister of the person or of the partner of the person;

   (d)  the partner of the person or a partner of any person referred to in
        paragraph (a), (b) or (c);

   (e)  a child of a brother or sister of the person or of the partner of the
        person;

   (f)  a brother or sister of a parent of the person or of a parent of the
        partner of the person; rent reserved in relation to a lease, means the
        rent paid or payable during the term of the lease and any amount paid
        or payable for the right to use the land under the lease; Example
        Amounts paid under the lease for the following purposes are payments
        for the right to use the land under the lease-

   (a)  rates;

   (b)  charges;

   (c)  taxes;

   (d)  maintenance;

   (e)  utilities;

   (f)  legal costs required to be paid by the lessee on behalf of the lessor
        in relation to the grant of the lease;

   (g)  insurance premiums;

   (h)  marketing costs;

   (i)  car park contributions.

responsible entity of a managed investment scheme, has the same meaning as in
the Corporations Act;



right to shares or units means any right (whether actual, prospective or
contingent) of a person to have shares or units issued by a company or trust
to the person, whether or not on payment of money or for other consideration;

shares includes rights to shares;

special dealer means a person who would be a motor car trader within the
meaning of the Motor Car Traders Act 1986 but for the fact that the motor
vehicles in which the person trades are not motor cars within the meaning of
that Act;

special hiring agreement has the meaning given by section 133;

spouse of a person means a person to whom the person is married;



stamp means duty stamp whether impressed by machine imprint or adhesive;

Territory means Territory of the Commonwealth;

transfer includes an assignment, a conveyance, an exchange and a buy-back of
shares in accordance with Division 2 of Part 2J.1 of the Corporations Act;
trustee of a unit trust scheme that is a managed investment scheme, includes-

   (a)  a responsible entity of the scheme; and

   (b)  an agent appointed, or other person engaged, by a responsible entity
        of the scheme under Part 5C.2 of the Corporations Act;

unencumbered value of dutiable property has the meaning given by section 22;

unit in a unit trust scheme means-

   (a)  a right or interest (whether described as a unit or a sub-unit or
        otherwise) of a beneficiary under the scheme; or

   (b)  a right to any such right or interest- and, for the purposes of the
        definitions of listed trust and widely held trust and Part 2 of
        Chapter 3, means a unit (within the meaning of paragraph (a) or (b))
        that entitles the beneficiary to participate proportionately with
        other unit holders in a distribution of the property of the trust on
        its vesting;

unit trust scheme means any arrangements made for the purpose, or having the
effect, of providing, for persons having funds available for investment,
facilities for the participation by them, as beneficiaries under a trust, in
any profits, income or distribution of assets arising from the acquisition,
holding, management or disposal of any property whatever pursuant to the
trust;

* * * * *



Victorian company means-

   (a)  a company incorporated or taken to be incorporated under the
        Corporations Act that is taken to be registered in Victoria; or

   (b)  any other body corporate that is incorporated under a Victorian Act;
        wholesale unit trust scheme means a unit trust scheme that is
        registered under Division 7 of Part 2 of Chapter 3 as a wholesale unit
        trust scheme, an imminent wholesale unit trust scheme or a declared
        wholesale unit trust scheme; widely held trust means a unit trust
        scheme-

   (a)  that is a managed investment scheme registered under Part 5C.1 of the
        Corporations Act; and

   (b)  that has not less than 300 registered unitholders; and

   (c)  in which units have been offered to the public under a prospectus or
        product disclosure statement lodged with the Australian Securities and
        Investments Commission; and

   (d)  none of the registered unitholders in which, either individually or
        together with associated persons, holds or is entitled to more than
        20% of the units in the scheme.

(2) The Governor in Council, by order published in the Government Gazette, may
declare-



* * * * *



   (d)  the extent to which a pool of assets consists of mortgages or money
        paid under mortgages, or both, to be a pool of mortgages;

   (e)  a class of assets to be assets included in a pool of mortgages.

(3) For the purposes of the definition of domestic relationship in subsection
(1)-





   (a)  registered domestic relationship has the same meaning as in the
        Relationships Act 2008; and



   (b)  in determining whether persons who are not in a registered domestic
        relationship are in a domestic relationship, all the circumstances of
        their relationship are to be taken into account, including any one or
        more of the matters referred to in section 35(2) of the
        Relationships Act 2008 as may be relevant in a particular case.





(4) The Commissioner, by instrument, may-





   (a)  declare that a unit trust scheme all the units in which are quoted on
        any exchange of the World Federation of Exchanges (other than the ASX)
        is a listed trust for the purposes of this Act if the Commissioner is
        satisfied that the listing of the unit trust scheme was not for the
        purpose of, or as part of a scheme or arrangement with a collateral
        purpose of, avoiding or reducing duty otherwise chargeable under Part
        2 of Chapter 3;

   (b)  declare that a corporation is a private company for the purposes of
        this Act if the Commissioner is satisfied that the listing of the
        corporation was for the purpose of, or as part of a scheme or
        arrangement with a collateral purpose of, avoiding or reducing duty
        otherwise chargeable under Part 2 of Chapter 3.

(5) For the purposes of the definition of widely held trust in subsection (1),
if a registered unitholder holds units as a trustee of a number of different
trusts, the unitholder is taken to be a separate registered unitholder in
relation to each trust and the units held are taken to be separate
unitholdings, except where the beneficiaries of the trusts are the same or
associated persons.