DUTIES ACT 2000 - SECT 46 Co-operatives

DUTIES ACT 2000 - SECT 46

    (1)     No duty is chargeable under this Chapter in respect of a transfer of dutiable property to a co‑operative that—

        (a)     has as its primary activity the providing of any community service or benefit; and

S. 46(1)(b) amended by No. 9/2013 s. 42(Sch.  2 item 7(2)).

        (b)     was, before it was incorporated under the Co‑operatives National Law (Victoria), an unincorporated club, association or body operating to provide sporting or recreational facilities for its members and not carried on for the pecuniary profit of its members—

being property that, immediately before the co‑operative was incorporated, was held by or on behalf of the unincorporated club, association or body.

    (2)     No duty is chargeable under this Chapter in respect of a transfer of dutiable property—

S. 46(2)(a) amended by No. 9/2013 s. 42(Sch.  2 item 7(3)).

        (a)     because of, or to give effect to, section 413 of the Co‑operatives National Law (Victoria) (mergers of co-operatives); or

S. 46(2)(b) amended by No. 9/2013 s. 42(Sch.  2 item 7(4)).

        (b)     because of, or to give effect to, section 472 of the Co‑operatives National Law (Victoria) in respect of a transfer of engagements; or

S. 46(2)(c) amended by No. 9/2013 s. 42(Sch.  2 item 7(4)).

        (c)     because of, or to give effect to, section 472 of the Co‑operatives National Law (Victoria) in respect of a merger if the co-operative formed by the merger is a non-trading co-operative within the meaning of that Act.