Western Australian Consolidated Acts

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STAMP ACT 1921 - SECT 8

8 .         Meaning of “general conditional contract”

        (1)         A general conditional contract is an eligible conditional contract, completion of which is conditional on the happening of one or more of the following events, as specified in the contract —

            (a)         the obtaining by the purchaser of a satisfactory private taxation ruling by the Commissioner of Taxation of the Commonwealth as to the consequences of the contract with respect to taxation under a law of the Commonwealth;

            (b)         the obtaining to the satisfaction of a purchaser under the contract of funds or of approval to obtain funds to finance the purchase;

            (c)         the obtaining by the purchaser of a satisfactory building inspection, geotechnical or environmental report from a third party in relation to the property to be sold or conveyed under the contract;

            (d)         the obtaining by a vendor of the consent of the Minister responsible for administering the Land Administration Act 1997 to transfer a lease of leasehold land to a purchaser;

            (e)         the authorisation of the payment to the purchaser of a first home owner grant under the First Home Owner Grant Act 2000 ;

            (f)         the obtaining by the purchaser of a licence to trade or the grant of a franchise;

            (g)         the obtaining by the vendor of a commercial property of the renewal of an existing lease of the property;

            (h)         the obtaining from the landlord of a leasehold business by the vendor of the business of a new lease, or of an assignment of the lease to a purchaser;

                  (i)         the sale of another property by the purchaser;

            (j)         the obtaining by the vendor of the registration of a plan of subdivision, or of a strata plan or survey strata plan;

            (k)         the obtaining by the purchaser of approval from a regulatory body;

            (l)         the results of the making of due diligence inquiries by the purchaser where the results are to be measured against objective criteria set out in the contract;

            (m)         the issue of a certificate of title (however described) for the property that is the subject of the contract;

            (n)         a prescribed event.

        (2)         Except for the purposes of the definitions in sections 9, 10, 11 and 12, a reference in this Act to a general conditional contract is to be read as excluding a reference to a farming land conditional contract, an off-the-plan conditional contract, a mining tenement conditional contract or a subdivision conditional contract.

        [Section 8 inserted by No. 12 of 2004 s. 15.]



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