Victorian Consolidated Legislation

Land Tax Act 2005 - SECT 53A

What is a right to reside?

53A. What is a right to reside?



(1) For the purposes of this Division, a person has a right to reside on land
if-

   (a)  the right was granted on the death of the person previously occupying
        the land; and

   (b)  the right was granted in writing under a will or testamentary
        instrument; and

   (c)  the right was not granted or acquired for monetary consideration.

(2) For the purposes of this Division, a right to reside on land does not
include-

   (a)  a right to occupy land as a lessee; or

   (b)  a right to occupy land as a beneficiary of a discretionary trust or as
        a unitholder in a unit trust scheme.