This Act applies to instruments first executed on or after the commencement
day.
5 Provisions relating to Chapter 2
(Transactions concerning dutiable property)
(1) The duty charged by Chapter 2 is charged on
dutiable transactions that occur on or after the commencement day, except as
provided by this clause.
(2) Section 24 extends to dutiable transactions at
least one of which occurred before the commencement day and at least one of
which occurred on or after the commencement day if they occurred within
12 months and the other provisions of section 24 are satisfied.
(3) However, subclause (2) does not apply so as to
aggregate transactions that occurred before the commencement day and that
would not have been aggregated under the law in force immediately before that
day.
(3A) Despite subclause (2), section 68 of the
former Act continues to apply to a dutiable transaction or series of dutiable
transactions that take place on or after 1 July 2001 if the agreement
giving rise to that transaction or series of transactions was entered into
before 1 July 2001.
(a) a transfer of dutiable property
to a trustee or nominee; and
(b) the payment of duty on that
transfer—
before the commencement day if the transfer back to the transferor occurs on
or after that day.
Sch. 2 cl. 5(5) amended by Nos 79/2001 s. 11(1), 84/2006 s. 7.
(5) Without limiting clause 12, the reference in
section 36(1)(a), 36A(1)(a), 36B(1)(a) or 41A(1)(a) to duty charged by
this Act includes a reference to duty charged by the former Act.
(6) Despite anything to the contrary in
section 28, the rate of duty chargeable on a transfer of land that is made as
a result of an agreement entered into before 21 April 1998 is chargeable to
the nearest whole dollar of the amount determined as follows or, if that
amount is an amount of dollars and fifty cents, to the nearest whole dollar
below that amount—
(a) if an acquisition of an interest
in a private corporation occurs in a month specified in column 1 of the Table,
the period of 3 years specified in sections 80(2)(e) and 83 is taken instead
to be the period specified opposite that month in column 2;
TABLE
Column 1
Month of acquisition
Column 2
Specified period
July 2001
24 months
August 2001
25 months
September 2001
26 months
October 2001
27 months
November 2001
28 months
December 2001
29 months
January 2002
30 months
February 2002
31 months
March 2002
32 months
April 2002
33 months
May 2002
34 months
June 2002
35 months.
(b) a reference to duty paid under
this Act includes a reference to duty paid under the former Act; and
Sch. 2 cl. 6(2)(c) amended by No. 46/2001 s. 29(4).
(c) a reference to duty paid under
those sections is a reference to duty paid under Subdivision (7) of Division 3
of Part II of the former Act.
Sch. 2 cl. 6(3) substituted by No. 46/2001 s. 29(5).
(3) However, subclause (2) and Chapter 3 do not
apply so as to aggregate, for the purpose of determining whether a relevant
acquisition has been made or whether duty is chargeable under this Act,
interests that were acquired before the commencement day and that would not
have been aggregated under the law as in force at the time the interests were
acquired.
7 Provisions relating to the
abolition of stamp duty on leases
(1) If stamp duty under the former Act has been
paid on any lease or agreement for a lease for any definite term of not less
than 2 years and the lease is determined before the expiration of the full
term in respect of which duty was paid, the Commissioner must, on application
within 3 years after the determination, refund to the lessee or (where the
lease has been transferred or assigned) to the transferee or assignee an
amount equal to the difference between the stamp duty paid and the stamp duty
that would have been payable if the lease had been expressed to expire at the
date of determination.
(2) Subclause (1) does not apply if the
Commissioner is satisfied that, at any time after the determination of the
lease, the lessee or an associate of the lessee has occupied the leased
property, or substantially the same property, with the agreement (express or
implied) of the lessor (other than as a result of the sale of the property to
the lessee or associate).
(3) An application for a refund under this clause
must be accompanied by—
(a) the lease or agreement for a
lease on which stamp duty was paid; and
(b) a declaration by the applicant
stating that neither the lessee nor any associate of the lessee has
occupied or will occupy the leased property, or substantially the same
property, after the determination of the lease (other than as a result of
the sale of the property to the lessee or associate).
(4) A person must not knowingly make a false
declaration under subclause (3)(b).
Penalty: 300 penalty units in the case of a body corporate;
"determination" includes surrender and forfeiture.
8 Provisions relating to Chapter 6
(Hire of goods)
(1) The duty chargeable by Chapter 6 is charged on
a hire of goods that is entered into on or after the commencement day.
(2) A person who, immediately before the
commencement day, is registered under section 131AB of the former Act is
taken to be registered under Part 2 of Chapter 6.
(2) A mortgage duly stamped or not subject to duty
under the former Act immediately before the commencement day is on that day
taken to be duly stamped under this Act.
(3) A mortgage that is not duly stamped under the
former Act immediately before the commencement day is on that day taken to be
chargeable with duty under Chapter 7.
Sch. 2 cl. 9(4) inserted by No. 46/2001 s. 29(7), amended by No. 79/2001
s. 11(2)(b).
(4) Despite subclause (1)(b), a mortgage first
executed before the commencement day that secures amounts liable or
contingently liable under a bill facility referred to in
section 150(1)(b) is chargeable with duty under Chapter 7 on or after
that day on the amount by which the advances secured by it exceeds the amount
secured or contingently secured by it on 30 June 2001.
(6) Subclause (4) does not apply to the extent
that duty has been paid under a corresponding Act on an amount to which that
subclause would otherwise apply.
if the contract or policy is effected or renewed on or after the commencement
day.
(2) A person who, immediately before the
commencement day, is registered under section 96 of the former Act is taken to
be registered under Part 2 of Chapter 8.
(3) A person who, immediately before the
commencement day, is an approved insurer under section 111D of the former Act
is taken to be registered under section 203.
11 Provisions relating to Chapter 9
(Motor vehicle duty)
The amendments made to Chapter 9 by sections 9 and 10 of the State Taxation
Legislation (Further Amendment) Act 2002 apply with respect to applications
for registration or transfer of registration of motor vehicles made or lodged
on or after 1 July 2002.
12 Duty paid under the former Act
If an assessment or reassessment of duty under this Act is required to take
into consideration another amount of duty paid, a reference in this Act to
duty includes a reference to duty within the meaning of the former Act that
has been paid in accordance with that Act.
An instrument is duly stamped for the purposes of this Act if, immediately
before the commencement day, it was duly stamped for the purposes of the
former Act.
14 Exemptions from duty under the
former Act
If, by a provision of an Act other than the former Act, a transaction or
instrument was not chargeable with duty under the former Act immediately
before the commencement day, the transaction or instrument is not chargeable
with duty under this Act, unless the contrary intention appears.
15 Continuation of former Act and
regulations
If a provision of the former Act continues to apply by force of this Schedule,
the following provisions also continue to apply in relation to that
provision—
(a) any other provision of the
former Act necessary to give effect to that continued provision; and
(b) any regulation made under the
former Act for the purposes of that continued provision.
(1) A person who, immediately before the
commencement day, was an authorized person under section 40A of the former Act
is taken to be an authorised person under section 264.
(2) A condition to which the authorization of a
person under section 40A was subject immediately before the commencement day
is taken to be a condition specified on the person's authorisation by the
Commissioner under section 264B.
17 State Taxation Legislation
(Further Amendment) Act 2002
A person is entitled to a refund of any amount paid as duty before the
commencement of section 15 of the State Taxation Legislation (Further
Amendment) Act 2002 that was not payable under this Act as amended by
sections 3(1) and (3), 4, 5, 7(2), 8(3) and 13 of that Act.
18 State Taxation Acts (Further Tax
Reform) Act 2002
Sections 59, 60, 61, 62 and 63, as in force immediately before the
commencement of section 4 of the State Taxation Acts
(Further Tax Reform) Act 2002 , continue to apply to a transfer that
takes place on or after that commencement if the contract of
sale giving rise to the transfer was entered into before that
commencement.
19 State Taxation Acts
(Miscellaneous Amendments) Act 2003
(1) In ascertaining, for the purposes of the
provisions of the former Act specified in subclause (2), the value of anything
or the consideration or premium paid for anything, there is to be no discount
for the amount of GST (if any) payable on the supply of that thing.
(2) The provisions of the former Act to which
subclause (1) applies are—
(a) subdivision (6) of Division 3 of
Part II and Heading VI in the Third Schedule (Conveyance of Real Property and
Land Transfer);
(b) subdivision (8) of Division 3 of
Part II and Heading VIII in the Third Schedule (Lease or Agreement for a
Lease);
(c) subdivision (11) of Division 3
of Part II (Insurance and Assurance Business);
(d) subdivision (16) of Division 3
of Part II and Heading XXI in the Third Schedule (Motor Vehicle and
Heavy Trailer Registration).
(3) This clause applies, and must be taken always
to have applied, from and including 1 July 2000.
(4) Nothing in this clause affects the rights of
the parties in the Supreme Court proceeding known as Royal & Sun Alliance
Insurance Australia Ltd (ACN 007 746 092) v Commissioner of State Revenue
(Vic) (No. 4415 of 2002).
(1) Sections 59 and 60, as amended by section 8
of the State Taxation Acts (Tax Reform) Act 2004 , apply to a transfer to an
eligible pensioner of dutiable property being an estate in fee simple in land
if the contract of sale of the land was made on or after 1 May 2004.
(2) Sections 59 and 60, as in force immediately
before the commencement of section 8 of the State Taxation Acts (Tax Reform)
Act 2004 , continue to apply to a transfer to an eligible pensioner of
dutiable property being an estate in fee simple in land after that
commencement if the contract of sale of the land was made before 1 May
2004.
(3) An acquisition by a person before the
commencement day of an interest in a unit trust scheme that was a
public unit trust scheme within the meaning of this Act as in force
immediately before the commencement day is an exempt acquisition.
(a) a person who made an acquisition
in a private unit trust scheme before the commencement day makes a relevant
acquisition in the scheme on or after the commencement day; and
(b) the aggregation of the relevant
interests would entitle the person, in the event of the distribution of all
the property of the scheme immediately after the later or latest acquisition
was made, to 20% or more of the property distributed but less than 50% of that
property—
duty is chargeable under section 83 only in respect of the relevant
acquisition that occurred on or after the commencement day.
(6) This Act, as in force immediately before the
commencement day, continues to apply in respect of any transactions occurring
on or after that day that resulted from a written agreement made before that
day.
21 State Taxation Acts (General
Amendment) Act 2005
(1) Subject to subclause (2)—
(a) Part 4A of Chapter 2 applies to
a transfer resulting from a sale contract that was entered into, or an option
that was granted, on or after the commencement day;
(b) section 31, as in force
immediately before the commencement day, continues to apply on and after that
day to a transfer resulting from an agreement (within the meaning of that
section) that was entered into before that day.
(2) If each person who would be liable for duty
under section 31 because of subclause (1)(b) in respect of a transfer of
dutiable property notifies the Commissioner in writing, those persons may
elect to have their liability for duty under this Act in respect of the
transfer determined in accordance with Part 4A of Chapter 2 instead of section
31.
(3) The Commissioner and each person who notifies
the Commissioner under subclause (2) is bound by an election under that
subclause.
(4) Despite its repeal, section 49, as in force
immediately before the commencement day, continues to apply on and after that
day to a distribution of the assets of a company because of the reduction of
the capital of the company if the resolution for the transactions affecting
the capital (or a copy of it) was lodged with the Australian Securities and
Investments Commission in compliance with Chapter 2J of the Corporations Act
before the commencement day.
(5) Despite its repeal, section 50, as in force
immediately before the commencement day, continues to apply on and after that
day to a distribution of the assets of a company because of the winding up of
the company if—
(a) in the case of a voluntary
winding up—the resolution for the winding up was passed in compliance
with Chapter 5 of the Corporations Act before the commencement day;
(b) in the case of a winding up by
the court—the order for the winding up was made before the commencement
day.
(6) Despite its repeal, section 234, as in force
immediately before the commencement day, continues to apply on and after that
day to a distribution of the assets of a company because of the winding up or
the reduction of the capital of the company if—
(a) in the case of a voluntary
winding up—the resolution for the winding up was passed in compliance
with Chapter 5 of the Corporations Act before the commencement day;
(b) in the case of a winding up by
the court—the order for the winding up was made before the commencement
day;
(c) in the case of a reduction of
capital—the resolution for the transactions affecting the capital (or a
copy of it) was lodged with the Australian Securities and Investments
Commission in compliance with Chapter 2J of the Corporations Act before
the commencement day.
(7) In this clause—
"commencement day" means the day after the day on which the State Taxation
Acts (General Amendment) Act 2005 receives the Royal Assent.
(2) Despite the substitution of the definition by
section 3(1)(b) of the Duties and Land Tax Acts (Amendment) Act 2005 , a
unit trust scheme that, immediately before the commencement of that
section 3(1)(b), was a listedtrust for the purposes of this Act continues, on
and after that commencement, to be a listed trust for the purposes of this Act
while all its units continue to be quoted on the ASX or any exchange of the
World Federation of Exchanges.
23 State Taxation (Reductions and
Concessions) Act 2006
(1) Sections 59 and 60, as amended by section 3
of the State Taxation (Reductions and Concessions) Act 2006 , apply to a
transfer to an eligible pensioner of dutiable property being an estate in fee
simple in land if the contract of sale of the land was entered into on or
after 30 May 2006.
(2) Sections 59 and 60, as in force immediately
before the commencement day, continue to apply to a transfer to an eligible
pensioner of dutiable property being an estate in fee simple in land if the
contract of sale of the land was entered into before 30 May 2006.
(4) In this clause, "commencement day" means the
day after the day on which the State Taxation (Reductions and Concessions) Act
2006 received the Royal Assent.
24 State Taxation Legislation
Amendment (Housing Affordability) Act 2006
(1) Sections 59 and 60, as amended by section 4
of the State Taxation Legislation Amendment (Housing Affordability) Act 2006 ,
apply to a transfer to an eligible pensioner of dutiable property being an
estate in fee simple in land if the contract of sale of the land was entered
into on or after 1 January 2007.
(2) Sections 59 and 60, as in force immediately
before the commencement day, continue to apply to a transfer to an eligible
pensioner of dutiable property being an estate in fee simple in land if the
contract of sale of the land was entered into before 1 January 2007.
(3) Sections 62 and 63, as amended by section 4 of
the State Taxation Legislation Amendment (Housing Affordability) Act 2006 ,
apply to a transfer to an eligible first home owner of dutiable property being
an estate in fee simple in land if the contract of sale of the land was
entered into on or after 1 January 2007.
(4) Sections 62 and 63, as in force immediately
before the commencement day, continue to apply to a transfer to an eligible
first home owner of dutiable property being an estate in fee simple in land if
the contract of sale of the land was entered into before 1 January 2007.
(5) In this clause, "commencement day" means the
day on which the State Taxation Legislation Amendment (Housing Affordability)
Act 2006 , received the Royal Assent.
25 State Taxation and Gambling
Legislation Amendment (Budget Measures) Act 2007
(1) Sections 218(1)(a) and 218(1)(ab), as
substituted by section 4 of the State Taxation and Gambling Legislation
Amendment (Budget Measures) Act 2007 , apply to an application for
registration or transfer of registration made on or after 1 May 2007.
(2) A taxpayer is entitled to a refund of any duty
paid on or after 1 May 2007 that is not payable because of subclause (1).
(2) Section 267(2), as in force immediately before
the commencement of section 110(b) of the Payroll Tax Act 2007,
continues to apply to an overpayment made before 1 July 2004.
(1) Section 21, as amended by section 3 of the
State Taxation Acts Amendment Act 2008 , and sections 21A to 21E, as inserted
by section 4 of that Act, apply to the transfer of dutiable property if the
contract of sale of the land is entered into on or after 1 October 2008.
(2) Section 21, as in force immediately before the
commencement of section 3 of the State Taxation Acts Amendment Act 2008 ,
continues to apply to the transfer of dutiable property if the contract of
sale of the land is entered into before 1 October 2008.
(3) Subject to subclause (4), section 28(1), as
amended by section 5 of the State Taxation Acts Amendment Act 2008 , applies
to a dutiable transaction occurring on or after 6 May 2008.
(4) The rate of duty chargeable on a transfer of
dutiable property on or after 6 May 2008 that is made as a result of an
agreement entered into before that day is the rate set out in section 28 as in
force immediately before the commencement of section 5 of the State Taxation
Acts Amendment Act 2008 .
(5) Section 32V, as amended by section 6 of the
State Taxation Acts Amendment Act 2008 , applies to a relevant transaction
(within the meaning of section 32V) if the date of the relevant
transaction is on or after 1 October 2008.
(6) Section 32V, as in force immediately before
the commencement of section 6 of the State Taxation Acts Amendment Act 2008 ,
continues to apply to a relevant transaction (within the meaning of
section 32V) if the date of the relevant transaction is before
1 October 2008.
(8) Division 4A of Part 5 of Chapter 2, as amended
by section 9 of the State Taxation Acts Amendment Act 2008 applies to a PPR
transfer of dutiable property being an estate in fee simple in land if the
contract for purchase of the land was entered into on or after 6 May
2008.
(9) Sections 59 and 60, as amended by
section 10 of the State Taxation Acts Amendment Act 2008 , apply to a
transfer to an eligible pensioner of dutiable property being an estate in fee
simple in land if the contract for sale of the land was entered into on or
after 6 May 2008.
(10) Sections 62 and 63, as amended by
section 11 of the State Taxation Acts Amendment Act 2008 , apply to a
transfer to an eligible first home owner of dutiable property being an estate
in fee simple in land if the contract for sale of the land was entered into on
or after 6 May 2008.
(11) A taxpayer is entitled to a refund of any
duty paid on or after 6 May 2008 that is not payable because of subclause (3),
(4), (7), (8), (9) or (10).
(1) Part 4A of Chapter 2, as amended by Division 1
of Part 2 of the State Taxation Acts Further Amendment Act 2008 , applies to a
transfer resulting from a sale contract that was entered into, or an option
that was granted, on or after the commencement of that Division 1.
(2) Part 4A of Chapter 2, as in force immediately
before the commencement of Division 1 of Part 2 of the State Taxation Acts
Further Amendment Act 2008 , continues to apply to a transfer resulting from a
sale contract that was entered into, or an option that was granted, before
that commencement.
(3) Section 55, as amended by section 9 of the
State Taxation Acts Further Amendment Act 2008 , applies to a transaction
taking place on or after 15 June 2005.
(4) A taxpayer is entitled to a refund of any duty
paid that is not payable because of subclause (3).
29 State Taxation Acts Amendment Act
2011—section 63B
Anything done or omitted to be done under this Act or the
First Home Owner Grant Act 2000in respect of a dutiable transaction occurring
on or after 1 July 2010 and before the commencement of section 18 of the State
Taxation Acts Amendment Act 2011 , that would have been validly done or
omitted to be done had section 63B as amended by section 17 of the State
Taxation Acts Amendment Act 2011 been in force at that time, is taken to have
been validly done or omitted.
30 State Taxation Acts Amendment Act
2011—Division 5 of Part 5 of Chapter 2
(1) Division 5 of Part 5 of Chapter 2, as amended
by Division 2 of Part 2 of the State Taxation Acts Amendment Act 2011 ,
applies to a transfer to an eligible pensioner, within the meaning of that
Division as in force immediately after 1 July 2011, of dutiable property
being an estate in fee simple in land if the contract of sale of the land was
entered into on or after 1 July 2011.
(2) Division 5 of Part 5 of Chapter 2, as in force
immediately before 1 July 2011, continues to apply to a transfer to an
eligible pensioner, within the meaning of that Division as in force
immediately before 1 July 2011, of dutiable property being an estate in
fee simple in land if the contract of sale of the land was entered into on or
before 30 June 2011.
(3) A taxpayer is entitled to a refund of any duty
paid on or after 1 July 2011 that is not payable because of subclause (1)
or (2).
(6) A unit trust scheme that, immediately before
the commencement day, was registered as a wholesale unit trust scheme under
Division 7 of Part 2 of Chapter 3, as in force at that time, is
taken to be registered under Division 6 of Part 2 of Chapter 3
for the period ending on the date that registration of the unit trust scheme
would have expired under section 89Q(2) , as in force immediately before the
commencement day.
32 Building a Better Victoria (State
Tax and Other Legislation Amendment) Act 2014
A person who, immediately before 1 July 2014, was registered as a
general insurer or a life insurer under Chapter 8 (as in force
immediately before that day) is taken, on and after that day, to be registered
as an insurer under Part 2 of Chapter 8 (as in force on and after that
day).
(1) Chapter 2, as in force immediately before
1 July 2015, applies in respect of any dutiable transaction entered
into before that day under which a land-related interest in residential
property is transferred to a foreign purchaser.
(2) Chapter 3, as in force immediately before
1 July 2015, applies in respect of any relevant acquisition of an
interest in a landholder that holds a land-related interest in residential
property if the agreement or arrangement for the relevant acquisition was
entered into by a foreign purchaser before that day.
34 State Taxation and Other Acts
Amendment Act 2016—residential property and rate for
foreign purchaser duty
Chapters 1 and 2, as in force immediately before 1 July 2016, apply
in respect of any dutiable transaction entered into on or after
1 July 2015 but before 1 July 2016 under which a
land-related interest in residential property is transferred to a
foreign purchaser.
35 State Taxation and Other Acts
Amendment Act 2016—residential property for the purposes of
Chapter 3
The definition of residential property set out in section 3(1), as
in force immediately before 1 July 2016, applies in respect of any
acquisition of an interest in a landholder that holds a land‑related
interest in residential property if the agreement or arrangement for the
acquisition was entered into by a foreign purchaser on or
after 1 July 2015 but before 1 July 2016.
36 State Taxation and Other Acts
Amendment Act 2016—2015-2016 agreements and arrangements for
significant interestforeign purchaser acquisitions
(1) This clause applies if—
(a) a foreign purchaser entered into
an agreement or arrangement on or after 1 July 2015 but before
1 July 2016 for the acquisition of an interest in a landholder that
holds a land-related interest in residential property; and
(2) Despite anything in this Act, if any duty is
chargeable under Part 2 of Chapter 3 and is required to be calculated in
accordance with section 86(1), that duty must be calculated in accordance
with that subsection but using the rate specified under this Act that would
have applied if the acquisition of the interest was made on the day the
agreement or arrangement was entered into by the foreign purchaser.
37 State Taxation and Other Acts
Amendment Act 2016—2015-2016 agreements and arrangements for
aggregated significant interestforeign purchaser acquisitions
(1) This clause applies if—
(a) a foreign purchaser entered into
an agreement or arrangement on or after 1 July 2015 but before
1 July 2016 for the acquisition of an interest in a landholder that
holds a land-related interest in residential property; and
(b) the acquisition, when made, is
an acquisition of an interest referred to in section 78(1)(a)(ii), or
after it is made, becomes an interest of that kind.
(2) Despite anything in this Act, if any duty is
chargeable under Part 2 of Chapter 3 and is required to be calculated in
accordance with section 86(3), that duty must be calculated in accordance
with that subsection but using the rate specified under this Act that would
have applied if the acquisition of the interest was made on the day the
agreement or arrangement was entered into by the foreign purchaser.
38 State Taxation and Other Acts
Amendment Act 2016—2015-2016 agreements and arrangements for
foreign purchaser acquisitions of further interests
(1) This clause applies if—
(a) a foreign purchaser entered into
an agreement or arrangement on or after 1 July 2015 but before
1 July 2016 for the acquisition of an interest in a landholder that
holds a land-related interest in residential property; and
(b) the acquisition, when made, is
an acquisition of a further interest in the landholder referred to in
section 78(1)(b).
(2) Despite anything in this Act, if any duty is
chargeable under Part 2 of Chapter 3 and is required to be calculated in
accordance with section 86(4), that duty must be calculated in accordance with
that subsection but using the rate specified under this Act that would have
applied if the acquisition was made on the day the agreement or arrangement
was entered into by the foreignpurchaser.
39 State Taxation and Other Acts
Amendment Act 2016—pre-2015 agreements and arrangements for
foreign purchaser acquisitions
(1) This clause applies if—
(a) a foreign purchaser entered into
an agreement or arrangement before 1 July 2015 for the acquisition
of an interest in a landholder that holds a land-related interest in
residential property; and
(b) the acquisition, when made, is
an acquisition of an interest referred to in section 78(1), or after it
is made, becomes an interest of that kind.
(2) Despite anything in this Act, in calculating
any duty chargeable on the acquisition section 28A is to be disregarded.
40 State Taxation Acts Amendment
Act 2017—financial exchanges
A reference to an exchange of the World Federation of Exchanges in the
definitions of listed companyand "listed trust" in section 3(1) is
taken to have always included a reference to the LSE and the NYSE before the
commencement of Division 6 of Part 2 of the State Taxation Acts
Amendment Act 2017 .
41 State Taxation Acts Amendment
Act 2017—Off-the-plan purchases and principal place of residence
Despite clause 27, sections 21, 32B(6), 32V, 57I(1), 57J, 57JA, 57K(1),
57L(2), 57M(1) and (4), 57N(1) and 60A, as in force immediately before
the commencement of Division 1 of Part 2 of the State Taxation Acts
Amendment Act 2017 , continue to apply in respect of any dutiable
transaction that occurs under a contract of sale entered into before
1 July 2017.
42 State Taxation Acts Amendment
Act 2017—Sub‑sale transactions
Division 3A of Part 4A of Chapter 2 does not apply to
a transfer of dutiable property resulting from an option that was
granted before the commencement of section 30 of the State Taxation Acts
Amendment Act 2017 .
43 State Taxation Acts Amendment
Act 2018—conversion of private unit trust schemes and private
companies
(1) Section 89B, as in force immediately
before the commencement of section 7 of the State Taxation
Acts Amendment Act 2018 , applies if, under an agreement
or arrangement entered into before that commencement, a landholder that
is a private unit trust scheme becomes, through whatever means, a
public unit trustscheme after that commencement.
(2) Section 89C, as in force immediately
before the commencement of section 8 of the State Taxation
Acts Amendment Act 2018 , applies if, under an agreement
or arrangement entered into before that commencement, a landholder that
is a private company becomes, through whatever means, a listed company after
that commencement.
44 State Taxation Acts Amendment
Act 2018—controlling interests and substantial interests
(1) Section 3A, as in force immediately before the
commencement of section 3 of the State Taxation Acts Amendment Act 2018 ,
applies in respect of the following—
(a) a dutiable transaction that
occurs on or after that commencement that transfers a land-related interest in
residential property under an agreement or arrangement entered into before
that commencement;
(b) an acquisition of an interest in
a landholder that holds a land-related interest in residential property under
an agreement or arrangement entered into before that commencement.
(2) Section 3B, as in force immediately before the
commencement of section 4 of the State Taxation Acts Amendment Act 2018
, applies in respect of the following—
(a) a dutiable transaction that
occurs on or after that commencement that transfers a land-related interest in
residential property under an agreement or arrangement entered into before
that commencement;
(b) an acquisition of an interest in
a landholder that holds a land-related interest in residential property under
an agreement or arrangement entered into before that commencement.
46 State Taxation Acts Amendment
Act 2019—fixtures
The amendments made by Division 2 of Part 2 of the State Taxation Acts
Amendment Act 2019 do not apply to a dutiable transaction that occurs on
or after the commencement of that Division under an arrangement made before
that commencement.
47 State Taxation Acts Amendment
Act 2019—economic entitlements
The amendments made by Division 3 of Part 2 of the State Taxation Acts
Amendment Act 2019 do not apply in relation to an arrangement made before
the commencement of that Division.
48 State Taxation Acts Amendment
Act 2019—rate for foreignpurchaser duty
Section 28A, as in force immediately before 1 July 2019,
continues to apply in respect of any dutiable transaction entered into on or
after 1 July 2016 but before 1 July 2019 under which a
land-related interest in residential property is transferred to a
foreign purchaser.
49 State Taxation Acts Amendment
Act 2019—agreements and arrangements for significant interestforeign purchaser acquisitions
(1) This clause applies if—
(a) a foreign purchaser entered into
an agreement or arrangement on or after 1 July 2016 but before
1 July 2019 for the acquisition of an interest in a landholder that
holds a land-related interest in residential property; and
(2) Despite anything in this Act, if any duty is
chargeable under Part 2 of Chapter 3 and is required to be
calculated in accordance with section 86(1), that duty must be calculated
in accordance with that subsection but using the rate specified under this Act
that would have applied if the acquisition of the interest was made on the day
the agreement or arrangement was entered into by the foreign purchaser.
50 State Taxation Acts Amendment
Act 2019—agreements and arrangements for aggregated significant
interestforeign purchaser acquisitions
(1) This clause applies if—
(a) a foreign purchaser entered into
an agreement or arrangement on or after 1 July 2016 but before
1 July 2019 for the acquisition of an interest in a landholder that
holds a land-related interest in residential property; and
(b) the acquisition, when made, is
an acquisition of an interest referred to in section 78(1)(a)(ii),
or after it is made, becomes an interest of that kind.
(2) Despite anything in this Act, if any duty is
chargeable under Part 2 of Chapter 3 and is required to be
calculated in accordance with section 86(3), that duty must be calculated in
accordance with that subsection but using the rate specified under this Act
that would have applied if the acquisition of the interest was made on the day
the agreement or arrangement was entered into by the foreign purchaser.
51 State Taxation Acts Amendment
Act 2019—agreements and arrangements for foreign purchaser
acquisitions of further interests
(1) This clause applies if—
(a) a foreign purchaser entered into
an agreement or arrangement on or after 1 July 2016 but before
1 July 2019 for the acquisition of an interest in a landholder that
holds a land-related interest in residential property; and
(b) the acquisition, when made, is
an acquisition of a further interest in the landholder referred to in
section 78(1)(b).
(2) Despite anything in this Act, if any duty is
chargeable under Part 2 of Chapter 3 and is required to be
calculated in accordance with section 86(4), that duty must be calculated
in accordance with that subsection but using the rate specified under this Act
that would have applied if the acquisition was made on the day the agreement
or acquisition was entered into by the foreign purchaser.
52 State Taxation Acts Amendment
Act 2019—corporate reconstructions
(1) The old provisions apply in respect of an
eligible transaction (within the meaning of section 250A as in force
immediately before 1 July 2019) if the agreement or arrangement for
the eligible transaction was entered into before 1 July 2019.
(2) Without limiting subclause (1), the
Commissioner may—
(a) on application, grant an
exemption under the old provisions in respect of an eligible transaction the
agreement or arrangement for which was entered into before
1 July 2019; and
(b) revoke or deal with the
exemption under the old provisions as if they had not been amended by the
State Taxation Acts Amendment Act 2019 .
(3) Despite the State Taxation Acts Amendment
Act 2019 , an exemption granted by the Commissioner under the old
provisions that is in effect immediately before 1 July 2019—
(a) continues in effect on and after
that day; and
(b) the old provisions continue to
apply to the exemption.
(4) In this clause—
"old provisions" means Division 1 of Part 2 of Chapter 11 as in
force immediately before 1 July 2019.
53 State Taxation Acts Amendment
Act 2019—corporate consolidations
(1) The old provisions apply in respect of an
eligible transaction (within the meaning of section 250DC as in force
immediately before 1 July 2019) if the agreement or arrangement for
the eligible transaction was entered into before 1 July 2019.
(2) Without limiting subclause (1), the
Commissioner may—
(a) on application, grant an
exemption under the old provisions in respect of an eligible transaction the
agreement or arrangement for which was entered into before
1 July 2019; and
(b) revoke or deal with the
exemption under the old provisions as if they had not been amended by the
State Taxation Acts Amendment Act 2019 .
(3) Despite the State Taxation Acts Amendment
Act 2019 , an exemption granted by the Commissioner under the old
provisions that is in effect immediately before 1 July 2019—
(a) continues in effect on and after
that day; and
(b) the old provisions continue to
apply to the exemption.
(4) In this clause—
"old provisions" means Division 1A of Part 2 of Chapter 11 as
in force immediately before 1 July 2019.
(1) The old provisions apply in respect of a
relevant acquisition to which section 83 applies made in the course of,
or as a result of, a roll-over (within the meaning of section 250DH) if
the agreement or arrangement for the relevant acquisition was entered into
before 1 July 2019.
(2) Without limiting subclause (1), the
Commissioner may—
(a) on application, grant an
exemption under the old provisions in respect of a relevant acquisition to
which section 83 applies made in the course of, or as a result of, a
roll-over (within the meaning of section 250DH) the agreement or
arrangement for which was entered into before 1 July 2019; and
(b) revoke or deal with the
exemption under the old provisions as if they had not been amended by the
State Taxation Acts Amendment Act 2019 .
(3) Despite the State Taxation Acts Amendment
Act 2019 , an exemption granted by the Commissioner under the old
provisions that is in effect immediately before 1 July 2019—
(a) continues in effect on and after
that day; and
(b) the old provisions continue to
apply to the exemption.
(4) In this clause—
"old provisions" means Division 1B of Part 2 of Chapter 11 as
in force immediately before 1 July 2019.
55 State Taxation Acts Amendment
Act 2019—penalties and interest under Division 2 of
Part 2 of Chapter 11
Despite the repeal of Division 2 of Part 2 of Chapter 11 by the
State Taxation Acts Amendment Act 2019 , that Division as in force
immediately before 1 July 2019 continues to apply in relation to any
exemption that is revoked—
(a) under Division 1, 1A or 1B
of Part 2 of Chapter 11 as in force immediately before
1 July 2019; or
(b) under Division 1, 1A or 1B
of Part 2 of Chapter 11 as continued under clauses 52, 53 or
54.
56 State Taxation Acts Further
Amendment Act 2019—young farmers
(1) Division 7 of Part 5 of Chapter 2, as in force
immediately before the commencement day, continues to apply in respect of a
transfer of dutiable property on or after that day if the contract for the
transfer was entered into before that day.
(2) In this clause—
"commencement day" means the day on which Division 1 of Part 2 of the State
Taxation Acts Further Amendment Act 2019 comes into operation.
57 State Taxation Acts Further
Amendment Act 2019—insurance duty
Chapter 8 must be taken to have applied at all times on and after 1 July
2014 as if the amendments made to that Chapter by section 7 of the State
Taxation Acts Further Amendment Act 2019 had come into operation on that day.
Note
1 July 2014 is the date on which the amendments to Chapter 8 made by the
Building a Better Victoria (State Tax and Other Legislation Amendment)
Act 2014 came into operation.
58 State Taxation and Mental Health
Acts Amendment Act 2021—general rate of duty
Section 28(1), as in force immediately before the commencement of
section 6 of the State Taxation and Mental Health Acts Amendment
Act 2021 , continues to apply in respect of a dutiable transaction or an
acquisition of an interest in a landholder that occurs on or after that
commencement under an agreement or arrangement entered into before that
commencement.
59 State Taxation Acts Amendment Act
2023—Division 5 of Part 5 of Chapter 2
(1) Division 5 of Part 5 of Chapter 2 and
section 57FC(4), as in force immediately before 1 July 2023, continue to
apply to a transfer to an eligible pensioner, within the meaning of that
Division as in force immediately before 1 July 2023, of dutiable property,
being an estate in fee simple in land, if the contract of sale of the land was
entered into before 1 July 2023.
(2) A taxpayer is entitled to a refund of any duty
paid on or after 1 July 2023 that is not payable because of subclause (1).