Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
section 73CA and subsection (3) if, for a disposition in relation to
a unit —
(a) a
transfer; or
(b) an
instrument effecting or evidencing the disposition,
is not lodged with the
Commissioner, each liable person must, within 2 months after the
disposition is made, lodge a statement with the Commissioner in respect of the
disposition.
Penalty: $20 000.
(2) In
subsection (1) —
liable person means —
(a) if a
transfer or instrument has been executed — a person who is
liable to pay duty in respect of the disposition; or
(b) if a
transfer or instrument has not been executed — a person who
would be liable to pay duty in respect of the disposition if a transfer or
instrument were executed.
(3)
Subsection (1) does not apply in relation to a disposition that is
included in a dutiable statement under section 63AJ.
(4) A dutiable
statement must be prepared in an approved form.
(5) A dutiable
statement lodged under subsection (1) is taken to be an instrument
evidencing the disposition in respect of which it is lodged and is chargeable
with duty accordingly.
(6) The requirement to
lodge a dutiable statement under subsection (1) in respect of a
disposition ceases to apply if a transfer or an instrument effecting or
evidencing the disposition is lodged with the Commissioner at any time after
the disposition was made, but nothing in this subsection affects the liability
of a person for an offence against subsection (1) committed before the
transfer or the instrument is lodged.
(7) If
subsection (6) has effect, the transfer or instrument referred to in that
subsection is to be regarded, for the purposes of sections 16(5) and 17A,
as having been first executed on the day on which the disposition was made.
(8) Section 31B
does not apply to, or in relation to, a disposition referred to in
subsection (1).
[Section 73DAA inserted by No. 66 of
2003 s. 32; amended by No. 12 of 2008 s. 10.]