LAND TAX ACT 2005 - SECT 3 Definitions

LAND TAX ACT 2005 - SECT 3

Definitions

(1) In this Act—

S. 3(1) def. of absentee beneficiary inserted by No. 26/2015 s. 25, substituted by No. 40/2016 s. 18.

"absentee beneficiary" means—

(a) a natural person absentee who or an absentee corporation that (not acting in the capacity of a trustee of a trust)—

(i) has a beneficial interest in land subject to a fixed trust; or

(ii) is a unitholder in a unit trust scheme; or

(iii) is a specified beneficiary of a discretionary trust; or

(b) any person who—

(i) has a beneficial interest in land subject to a fixed trust and holds that interest as a trustee of an absentee trust; or

(ii) is a unitholder in a unit trust scheme and holds unitholdings in that unit trust scheme as a trustee of an absentee trust; or

(iii) is a specified beneficiary of a discretionary trust in the capacity as a trustee of an absentee trust;

S. 3(1) def. of absentee controlling interest inserted by No. 26/2015 s. 25.

absentee controlling interest has the meaning given in section 3A;

S. 3(1) def. of absentee corporation inserted by No. 26/2015 s. 25.

"absentee corporation" means—

(a) a corporation that is incorporated outside Australia; or

(b) a corporation in which an absentee person has an absentee controlling interest;

S. 3(1) def. of absentee owner inserted by No. 26/2015 s. 25.

"absentee owner" means an absentee person who is an owner of land;

S. 3(1) def. of absentee owner land tax surcharge inserted by No. 52/2021 s. 55.

"absentee owner land tax surcharge "means the surcharge rate of land tax for absentee owners;

S. 3(1) def. of absentee person inserted by No. 26/2015 s. 25.

"absentee person" means—

(a) a natural person absentee; or

(b) an absentee corporation; or

S. 3(1) def. of absentee trust inserted by No. 26/2015 s. 25.

"absentee trust" means a trust under which at least one absentee beneficiary—

(a) has a beneficial interest in land subject to a fixed trust; or

(b) is a unitholder in a unit trust scheme; or

S. 3(1) def. of administration trust inserted by No. 68/2007 s. 8(2).

"administration trust" means a trust under which the assets of a deceased person are held by a personal representative, but only during the period ending on the earlier of—

(a) the completion of administration of the deceased estate; or

(b) the third anniversary of the death of the deceased person or the further period approved by the Commissioner under subsection (3);

S. 3(1) def. of affordable housing inserted by No. 52/2021 s. 55.

"affordable housing" has the same meaning as in section 3AA of the Planning and Environment Act 1987 ;

S. 3(1) def. of applicable general valuation repealed by No. 84/2006 s. 8.

* * * * *

"approved" means approved by the Commissioner;

S. 3(1) def. of assets inserted by No. 18/2023 s. 25.

"assets", in relation to a sub-fund of a CCIV, has the meaning given by section 1233H of the Corporations Act;

S. 3(1) def. of associated person inserted by No. 18/2023 s. 25.

"associated person" has the same meaning as in the Duties Act 2000 ;

S. 3(1) def. of ASX inserted by No. 18/2023 s. 25.

"ASX" means ASX Limited (A.C.N. 008 624 691);

S. 3(1) def. of Australian citizen or resident inserted by No. 26/2015 s. 25.

"Australian citizen or resident" means—

(a) an Australian citizen within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; or

(b) the holder of a permanent visa within the meaning of section 30(1) of the Migration Act 1958 of the Commonwealth; or

(c) a New Zealand citizen who is the holder of a special category visa within the meaning of section 32(1) of the Migration Act 1958 of the Commonwealth;

S. 3(1) def. of beneficiary inserted by No. 85/2005 s. 22(1)(a), amended by No. 69/2011 s. 30.

"beneficiary" of a discretionary trust, means (except in Division 2 of Part 4) a person, or a member of a class of persons, in whom, by the terms of the trust, the whole or any part of the trust property may be vested—

(a) in the event of the exercise of a power or discretion in favour of the person (whether or not that power is presently exercisable); or

(b) in the event that a discretion conferred under the trust is not exercised;

S. 3(1) def. of BTR benefit inserted by No. 52/2021 s. 55.

"BTR benefit "means any of the following—

(a) a concession from land tax under section 70J;

(b) an exemption from the absentee owner land tax surcharge under section 70K;

S. 3(1) def. of BTR development inserted by No. 52/2021 s. 55.

BTR development has the meaning given in section 70A ;

S. 3(1) def. of BTR special land tax inserted by No. 52/2021 s. 55.

"BTR special land tax "means land tax imposed under Division 7 of Part 2;

S. 3(1) def. of capital improved value inserted by No. 28/2017 s. 50.

"capital improved value" has the same meaning as in the Valuation of Land Act 1960 ;

S. 3(1) def. of chain of trusts inserted by No. 67/2017 s. 10.

chain of trusts has the meaning given in section 3D;

S. 3(1) def. of child maintenance land inserted by No. 85/2005 s. 22(1)(a).

"child maintenance land" means land held on trust that was transferred to the trustee for the benefit of a beneficiary as the result of a family breakdown within the meaning of section 102AGA of the Income Tax Assessment Act 1936 of the Commonwealth;

S. 3(1) def. of commercial residential premises inserted by No. 28/2017 s. 50.

"commercial residential premises" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

S. 3(1) def. of common area inserted by No. 52/2021 s. 55, amended by No. 40/2022 s. 8 .

"common area" has the same meaning as given in paragraph (a) of the definition of common area in section 3(1) of the Residential Tenancies Act 1997 ;

S. 3(1) def. of Common-wealth Super-annuation Act inserted by No. 85/2005 s. 22(1)(a).

"Commonwealth Superannuation Act" means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

S. 3(1) def. of concessional trust inserted by No. 85/2005 s. 22(1)(a), amended by Nos 23/2006 s. 245, 13/2019 s. 221(Sch. 1 item 26).

"concessional trust" means—

(a) a trust of which each beneficiary is—

(i) a person in respect of whom a guardianship order or an administration order is in force under the Guardianship and Administration Act 2019 ; or

(ii) a person with a disability within the meaning of the Disability Act 2006 ; or

(b) a trust created under an order of the Supreme Court for the benefit of a person under disability;

controlling interest has the meaning given in section 48 ;

S. 3(1) def. of corporate collective investment vehicle or CCIV inserted by No. 18/2023 s. 25.

"corporate collective investment vehicle" or CCIV has the same meaning as in the Corporations Act;

"corporation" has the same meaning as in section 9 of the Corporations Act;

S. 3(1) def. of Council inserted by No. 40/2014 s. 13(a), amended by No. 9/2020 s. 390(Sch. 1 item 60).

"Council" has the same meaning as in the Local Government Act 2020 ;

S. 3(1) def. of discretionary trust inserted by No. 85/2005 s. 22(1)(a), amended by Nos 76/2012 s. 3, 22/2021 s. 25.

"discretionary trust" means a trust under which the vesting of the whole or any part of the trust property—

(a) is required to be determined by a person either in respect of the identity of the beneficiaries or the quantum of interest to be taken, or both; or

(b) will occur in the event that a discretion conferred under the trust is not exercised—

but does not include an excluded trust or unit trust scheme;

S. 3(1) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch. 1 item 34.1), amended by No. 4/2009 s. 37(Sch. 1 item 16.1).

"domestic partner "of a person means—

(a) a person who is in a registered domestic relationship with the person; or

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

S. 3(1) def. of electronic instrument inserted by No. 40/2014 s. 27.

"electronic instrument" means a registry instrument that is prepared in an electronic form to be lodged electronically for the purposes of land titles legislation by means of an ELN;

S. 3(1) def. of eligible BTR development inserted by No. 52/2021 s. 55.

eligible BTR development has the meaning given in section 70B;

S. 3(1) def. of ELN inserted by No. 40/2014 s. 27.

"ELN "means ELN within the meaning of the Electronic Conveyancing National Law (Victoria);

S. 3(1) def. of equivalent exchange inserted by No. 18/2023 s. 25.

"equivalent exchange" has the same meaning as in the Duties Act 2000 ;

S. 3(1) def. of excluded trust inserted by No. 85/2005 s. 22(1)(a), amended by No. 68/2007 s. 8(1).

"excluded trust" means—

(a) a charitable trust;

(b) a concessional trust;

(d) a wholesale unit trust scheme;

(e) a trust the sole beneficiary or beneficiaries of which is or are—

(i) a club referred to in section 73; or

(ii) the members of such a club;

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(g) a trust, for any tax year in relation to which it is a superannuation trust;

"exempt land" means land that is declared by or under this Act to be exempt land;

"exempt transmission easement" means a transmission easement that is exempt from land tax under section 87(1)(b);

"exempt transmission easement holder" means a transmission easement holder who is exempt from land tax on the easement under section 87(1)(a) ;

S. 3(1) def. of fifteen year eligibility requirement inserted by No. 52/2021 s. 55.

"fifteen year eligibility requirement" means the eligibility requirement specified in section 70B(2);

S. 3(1) def. of fixed trust inserted by No. 85/2005 s. 22(1)(a).

"fixed trust" means a trust that is not an excluded trust, a discretionary trust or a trust to which a unit trust scheme relates;

S. 3(1) def. of general valuation inserted by No. 66/2016 s. 3, substituted by No. 67/2017 s. 76.

"general valuation" has the same meaning as in the Valuation of Land Act 1968 ;

"home unit" means a building or part of a building that—

(a) is designed for use as a self-contained unit for living purposes; and

(b) is situated on land owned—

(i) by 2 or more persons as tenants in common, each of whom is the registered proprietor under the Transfer of Land Act 1958 of one or more undivided shares in the whole of the land and is lawfully entitled, by virtue of an agreement between the person or the person's predecessor in title and all other owners of undivided shares in the land or their predecessors in title, to the exclusive right to occupy a specified building or part of a building on the land; or

(ii) by a body corporate in which all issued shares are owned by 2 or more persons, each of whom is lawfully entitled, by virtue of that share ownership, to the exclusive right to occupy a specified building or part of a building on the land and is not required to make any payments of a rental nature for that right;

"joint owners" means persons—

(a) who own land jointly or in common, whether as partners or otherwise; or

(b) who are deemed by this Act to be joint owners;

"land" includes—

(a) all land and tenements;

(b) all interests in land;

S. 3(1) def. of land titles legislation inserted by No. 40/2014 s. 27.

"land titles legislation" has the same meaning as in section 5 of the Electronic Conveyancing (Adoption of National Law) Act 2013 ;

S. 3(1) def. of liabilities inserted by No. 18/2023 s. 25.

"liabilities", in relation to a sub-fund of a CCIV, has the meaning given by section 1233L of the Corporations Act;

S. 3(1) def. of listed trust inserted by No. 85/2005 s. 22(1)(a).

"listed trust" has the same meaning as in the Duties Act 2000 ;

S. 3(1) def. of LSE inserted by No. 18/2023 s. 25.

"LSE" means the London Stock Exchange;

S. 3(1) def. of member inserted by No. 18/2023 s. 25.

"member", in relation to a sub-fund of a CCIV, has the same meaning as in paragraph (c) of the definition of that term in the Corporations Act;

"mortgage" means—

(a) a security by way of mortgage or charge over land; or

(b) a security by way of a transfer of land held in trust to be sold and redeemable before the sale, except if the transfer is for the benefit of creditors who accept it in full satisfaction of debts owed to them; or

(c) a transfer, assignment or disposition of any estate or interest in land that is apparently absolute but intended only as a security; or

(d) an instrument that, on the deposit of documents of title to land, authority to control title or a pledge to provide that control, becomes a mortgage or evidences the terms of a mortgage;

S. 3(1) def. of municipal district inserted by No. 40/2014 s. 13(a), amended by No. 9/2020 s. 390(Sch. 1 item 60).

"municipal district" has the same meaning as in the Local Government Act 2020 ;

S. 3(1) def. of natural person absentee inserted by No. 26/2015 s. 25.

"natural person absentee "means a natural person who is not an Australian citizen or resident and—

(a) who does not ordinarily reside in Australia; and

(b) who—

(i) was absent from Australia on 31 December in the year immediately preceding the tax year; or

(ii) in the year immediately preceding the tax year, was absent from Australia for a period of at least 6 months or for periods that when added together equal a period of at least 6 months;

S. 3(1) def. of nominated beneficiary inserted by No. 85/2005 s. 22(1)(a).

"nominated beneficiary" of a discretionary trust, means a person nominated under section 46F;

S. 3(1) def. of nominated PPR beneficiary inserted by No. 85/2005 s. 22(1)(a).

"nominated PPR beneficiary" means a person nominated under section 46H;

S. 3(1) def. of non-rateable leviable land inserted by No. 40/2014 s. 13(a).

"non-rateable leviable land" has the same meaning as in the Fire Services Property Levy Act 2012 ;

S. 3(1) def. of non-rateable non-leviable land inserted by No. 66/2016 s. 3.

"non-rateable non-leviable land "has the same meaning as in the Valuation of Land Act 1960 ;

S. 3(1) def. of NYSE inserted by No. 18/2023 s. 25.

"NYSE" means the New York Stock Exchange;

S. 3(1) def. of NZX inserted by No. 18/2023 s. 25.

"NZX" means the company registered in New Zealand known as NZX Limited;

S. 3(1) def. of occupancy date inserted by No. 52/2021 s. 55.

"occupancy date", for an eligible BTR development, means the date on which an occupancy permit has been issued in respect of each of the dwellings that comprise the BTR development;

Note

An eligible BTR development may have more than one occupancy date because of the application of section 70G.

"owner"—

(a) of land, has the meaning given in section 10;

(b) of a home unit, has the meaning given in section 12;

"parcel" of land means any land that is—

(a) contiguous or separated only by a road, railway or other similar area across or around which movement is reasonably possible; and

(b) owned by the same person;

S. 3(1) def. of personal representative inserted by No. 68/2007 s. 8(2).

"personal representative" means a person acting in the capacity of an executor or administrator of a deceased estate;

S. 3(1) def. of post-2006 land inserted by No. 85/2005 s. 22(1)(a).

post-2006 land , in relation to a trust, means land that became subject to that trust on or after 1 January 2006;

S. 3(1) def. of pre-2006 land inserted by No. 85/2005 s. 22(1)(a).

pre-2006 land , in relation to a trust, means land that was subject to that trust at midnight on 31 December 2005;

S. 3(1) def. of principal beneficiary inserted by No. 46/2019 s. 15.

"principal beneficiary", of a special disability trust—

(a) has the meaning given in section 1209M(1) of the Social Security Act, in the case of a special disability trust within the meaning of section 1209L of that Act; or

(b) has the meaning given in section 52ZZZWA(1) of the Veterans' Entitlements Act, in the case of a special disability trust within the meaning of section 52ZZZW of that Act;

"principal place of residence" includes sole place of residence;

public sector superannuation authority means a public body within the meaning of the Financial Management Act 1994 that is required to submit an annual report under Part 7 of that Act in relation to a public sector superannuation fund;

public statutory authority means a public statutory body constituted under an Act but does not include a public sector superannuation authority;

S. 3(1) def. of public unit trust scheme inserted by No. 85/2005 s. 22(1)(a), amended by No. 52/2021 s. 64(1)(a).

"public unit trust scheme" means—

(a) a listed trust; or

(b) a widely held trust; or

S. 3(1) def. of rateable land inserted by No. 40/2014 s. 13(a).

"rateable land" has the same meaning as in the Local Government Act 1989 ;

S. 3(1) def. of referable inserted by No. 18/2023 s. 25.

"referable", in relation to a sub-fund and a share in a CCIV, has the meaning given by section 1230(1) of the Corporations Act;

S. 3(1) def. of registry instrument inserted by No. 40/2014 s. 27.

"registry instrument" has the same meaning as in section 4(1) of the Transfer of Land Act 1958 ;

related corporations has the meaning given in section 47;

"relative" in relation to a person means—

(a) a spouse or domestic partner of the person;

(b) a lineal ancestor or lineal descendant of the person or of the spouse or domestic partner of the person;

(c) a brother or sister, or child of a brother or sister, of the person or of the spouse or domestic partner of the person;

(d) a spouse or domestic partner of a child of the person;

(e) a spouse or domestic partner of a brother or sister of the person;

S. 3(1) def. of renter inserted by No. 52/2021 s. 55.

"renter "has the same meaning as in section 3(1) of the Residential Tenancies Act 1997 ;

S. 3(1) def. of residential care facility inserted by No. 28/2017 s. 50.

residential care facility has the meaning given in section 76(4);

S. 3(1) def. of residential rental agreement inserted by No. 52/2021 s. 55.

"residential rental agreement" has the same meaning as in section 3(1) of the Residential Tenancies Act 1997 ;

S. 3(1) def. of residential service inserted by No. 23/2022 s. 23.

"residential service" has the same meaning as in section 3(1) of the Disability Act 2006 ;

S. 3(1) def. of retirement village inserted by No. 28/2017 s. 50.

retirement village has the meaning given in section 78(3);

S. 3(1) def. of return date amended by Nos 94/2009 s. 33(1)(a), 69/2011 s. 34(2).

"return date", in relation to a valuation, is the date on which the valuation is returned to the valuation authority by the person who carried it out;

S. 3(1) def. of SDA enrolled dwelling inserted by No. 23/2022 s. 23.

"SDA enrolled dwelling" has the same meaning as in section 3(1) of the Residential Tenancies Act 1997 ;

S. 3(1) def. of SDA provider inserted by No. 23/2022 s. 23.

"SDA provider" has the same meaning as in section 3(1) of the Residential Tenancies Act 1997 ;

S. 3(1) def. of separate residence inserted by No. 47/2020 s. 37(a).

"separate residence" means a building, or a part of a building, that is capable of separate occupation as a residence;

"site value" has the same meaning as in the Valuation of Land Act 1960 ;

S. 3(1) def. of social housing inserted by No. 52/2021 s. 55.

"social housing "has the same meaning as in section 4(1) of the Housing Act 1983 ;

S. 3(1) def. of Social Security Act inserted by No. 46/2019 s. 15.

"Social Security Act "means the Social Security Act 1991 of the Commonwealth;

S. 3(1) def. of special disability trust inserted by No. 46/2019 s. 15.

"special disability trust" means—

(a) a special disability trust within the meaning of section 1209L of the Social Security Act; or

(b) a special disability trust within the meaning of section 52ZZZW of the Veterans' Entitlements Act;

S. 3(1) def. of special land tax repealed by No. 47/2020 s. 37(b).

* * * * *

S. 3(1) def. of specified beneficiary inserted by No. 26/2015 s. 25.

"specified beneficiary", of a discretionary trust, means a beneficiary who is specifically named in the trust deed or specifically declared in writing pursuant to the trust deed as a beneficiary to or in whom, by the terms of the trust, the whole or any part of the trust income or property may be distributed or vested—

(a) in the event of the exercise of a power or discretion in favour of the beneficiary (whether or not that power is presently exercisable); or

(b) in the event that a discretion conferred under the trust is not exercised;

"spouse" of a person means a person to whom the person is married;

S. 3(1) def. of sub-fund inserted by No. 18/2023 s. 25.

"sub-fund", of a CCIV, has the meaning given by section 1222Q(1) of the Corporations Act;

S. 3(1) def. of subsequent general valuation repealed by No. 84/2006 s. 8.

* * * * *

S. 3(1) def. of suitable for occupancy inserted by No. 52/2021 s. 55.

suitable for occupancy has the meaning given in section 70E;

S. 3(1) def. of super-annuation trust inserted by No. 85/2005 s. 22(1)(a).

"superannuation trust" means, in relation to a tax year—

(a) a trust established on or before 30 June in the year preceding the tax year that, in relation to the year of income ending in that year, is—

(i) a complying superannuation fund (within the meaning of section 42 or 42A of the Commonwealth Superannuation Act); or

(ii) a complying approved deposit fund (within the meaning of section 43 of the Commonwealth Superannuation Act); or

(iii) a pooled superannuation trust (within the meaning of section 44 of the Commonwealth Superannuation Act); or

(b) a trust established after 30 June in the year preceding the tax year that, as at midnight on 31 December in that year, is—

(i) a regulated superannuation fund (within the meaning of the Commonwealth Superannuation Act) or is taken to be a regulated superannuation fund under that Act; or

(ii) an approved deposit fund (within the meaning of the Commonwealth Superannuation Act); or

(iii) a pooled superannuation trust (within the meaning of the Commonwealth Superannuation Act);

S. 3(1) def. of supplement-ary valuation amended by Nos 94/2009 s. 33(1)(b), 40/2014 s. 13(b).

"supplementary valuation" means a valuation made under section 13DF or 13L of the Valuation of Land Act 1960 that is supplementary to the last general valuation returned to the valuation authority before 1 January in the year immediately preceding the tax year;

S. 3(1) def. of supported residential service inserted by No. 28/2017 s. 50.

supported residential service has the meaning given in section 76(4);

"taxable land" means land that is not exempt land;

"taxable value"—

(a) of land, has the meaning given in Division 3 of Part 2;

(b) of transmission easements, has the meaning given in section 27 ;

"tax year" means a year for or in which land tax is being assessed;

S. 3(1) def. of title-based time-sharing scheme inserted by No. 69/2011 s. 27.

"title-based time-sharing scheme" means a scheme under which participants are—

(a) entitled to use, occupy and possess land to which the scheme relates for 2 or more periods during the scheme's operation; and

(b) the registered proprietors of a share interest in respect of which a folio is created under section 98D of the Transfer of Land Act 1958 ;

"transfer" of land includes conveyance of the land;

"transmission company" has the same meaning as in the Electricity Industry Act 2000 ;

"transmission easement" means an easement held by a transmission company;

transmission easement holder has the meaning given in section 4 ;

S. 3(1) def. of trust inserted by No. 85/2005 s. 22(1)(a), substituted by No. 68/2007 s. 8(3), amended by No. 83/2009 s. 4.

"trust"—

(a) includes a trust under which the assets of a deceased person are held by a personal representative; and

(b) does not include an implied or constructive trust, except where expressly provided by this Act;

S. 3(1) def. of trustee amended by No. 85/2005 s. 22(1)(b).

"trustee", except in Division 1 of Part 4, includes trustee, executor, administrator, guardian, liquidator and any person having or taking upon themselves the possession, administration, or control of land, income, or other property of any description affected by any trust, or having the possession, control, or management of land of a person under any legal or other disability;

S. 3(1) def. of ultimate trust inserted by No. 67/2017 s. 10.

"ultimate trust", in a chain of trusts, has the meaning given in section 3E;

S. 3(1) def. of unit inserted by No. 85/2005 s. 22(1)(a).

"unit" in a unit trust scheme, means—

(a) a right or interest (whether described as a unit or a sub-unit or otherwise) of a beneficiary under the scheme; or

(b) a right to any such right or interest—

that entitles the beneficiary to participate proportionately with other unitholders in a distribution of the property of the trust on its vesting;

S. 3(1) def. of unit trust scheme inserted by No. 85/2005 s. 22(1)(a).

"unit trust scheme" means an arrangement made for the purpose, or having the effect, of providing facilities for participation by a person, as a beneficiary under a trust, in any profit or income arising from the acquisition, holding, management or disposal of property under the trust, but does not include an excluded trust;

S. 3(1) def. of vacant residential land tax inserted by No. 28/2017 s. 50.

"vacant residential land tax" means land tax imposed under Division 6 of Part 2;

S. 3(1) def. of valuation authority inserted by No. 69/2011 s. 34(1).

"valuation authority" has the same meaning as in section 2(1) of the Valuation of Land Act 1960 ;

S. 3(1) def. of vested beneficiary inserted by No. 46/2019 s. 15.

"vested beneficiary", in relation to land held on trust, means a beneficiary of the trust who—

(a) is a natural person; and

(b) has a vested beneficial interest in possession in the land or is the principal beneficiary of a special disability trust;

S. 3(1) def. of Veterans' Entitlements Act inserted by No. 46/2019 s. 15.

"Veterans' Entitlements Act" means the Veterans' Entitlements Act 1986 of the Commonwealth;

"Victorian Minister" means a Minister of the Crown in right of Victoria;

S. 3(1) def. of VRT land inserted by No. 28/2017 s. 50.

"VRT land" means taxable land that is—

(a) residential land within the meaning of section 34B; and

(b) vacant under section 34C; and

S. 3(1) def. of wholesale unit trust scheme inserted by No. 85/2005 s. 22(1)(a), amended by No. 52/2021 s. 64(1)(b).

"wholesale unit trust scheme" means a unit trust scheme that is registered under Division 6 of Part 2 of Chapter 3 of the Duties Act 2000 as a wholesale unit trust scheme, an imminent wholesale unit trust scheme or a declared wholesale unit trust scheme;

S. 3(1) def. of widely held trust inserted by No. 85/2005 s. 22(1)(a).

"widely held trust" has the same meaning as that term would have in the Duties Act 2000 if a reference in paragraph (b) of the definition of widely held trust in section 3(1) of that Act to "300 registered unitholders" were a reference to "50 registered unitholders";

"year" means a calendar year.

S. 3(2) substituted by No. 12/2008 s. 73(1)(Sch. 1 item 34.2).

(2) For the purposes of the definition of domestic partner in subsection (1)—

S. 3(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 16.2(a)).

(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and

S. 3(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 16.2(b)).

(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 3(3) inserted by No. 85/2005 s. 22(2), amended by No. 68/2007 s. 8(4).

(3) For the purposes of paragraph (b) of the definition of administration trust in subsection (1), the Commissioner may approve a further period in any particular case.

S. 3A inserted by No. 26/2015 s. 26, amended by No. 40/2016 s. 19(2) (ILA s. 39B(1)).

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LAND TAX ACT 2005 - SECT 3 Definitions