Australian Capital Territory Current Acts

DUTIES ACT 1999

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  
   2A.     Dictionary  
   2B.     Notes  
   2C.     Offences against Act—application of Criminal Code etc  
   3.      Incorporation of Taxation Administration Act  
   4.      Territory not liable for payment of duty  
   5.      Duty a debt payable to Territory  

CHAPTER 2--TRANSACTIONS CONCERNING DUTIABLE PROPERTY

   PART 2.1--INTRODUCTION AND OVERVIEW

   6.      Definitions—ch 2  
   6A.     Meaning of commercial lease with premium—ch 2  
   7.      Imposition of duty on certain transactions concerning dutiable  
   8.      Imposition of duty on dutiable transactions that are not transfers  
   9.      Form of a dutiable transaction  
   10.     Dutiable property  
   11.     When does a liability for duty arise?  
   12.     Who is liable to pay the duty?  
   13.     Liability of joint tenants  
   14.     Necessity for written instrument or written statement  
   15.     Lodging instrument etc with commissioner  
   16.     When does duty become payable?  
   17.     No double duty  
   18.     Rate of duty  

   PART 2.2--DUTIABLE VALUE

   20.     What is the dutiable value of dutiable property?  
   21.     What is the consideration for the transfer of dutiable property?  
   22.     What is the unencumbered value of dutiable property?  
   23.     Arrangements that reduce dutiable value  
   24.     Aggregation of dutiable transactions  
   25.     Value of goods in certain transactions also involving other  
   26.     Apportionment—dutiable property and other property  
   28.     Partnership interests  
   29.     Partitions  
   30.     Effect of alteration in purchase price  

   PART 2.3--RATES OF DUTY

   31.     General rate  
   33.     Certain business assets  

   PART 2.4--SPECIAL PROVISIONS

   50.     Cancelled agreements  
   50A.    Cancelled transfer of dutiable property  
   51.     Grant of certain Crown leases on surrender of development leases  
   52.     Refund if Crown lease surrendered  
   53.     Transfers arising from mortgages of land  

   PART 2.5--EXEMPTIONS

           Division 2.5.1--Trusts

   54.     Change in trustees  
   55.     Transfer to custodian of managed investment scheme  
   55A.    Transfers in relation to managed investment schemes  
   55B.    Transfers in relation to registered schemes  
   56.     Property vested in apparent purchaser  
   57.     Transfers back from trustee  
   58.     Property passing to beneficiaries  
   60.     Declaration of trust relating to managed investment scheme  

           Division 2.5.2--Superannuation

   62.     Transfer of property from one superannuation fund to another  
   63.     Transfers between trustees and custodians of superannuation funds or  

           Division 2.5.2A--Alternative finance transactions

   64.     Meaning of financial institution—div 2.5.2A  
   64A.    Land transferred to financial institution and individual then leased and transferred  
   64B.    Land transferred to financial institution then transferred to  
   64C.    Land transferred to financial institution then leased and transferred to  
   64D.    Land transferred to individual with beneficial interest transferred to financial  
   64E.    Change of financial institution  
   64F.    Individual dies before arrangement completed  

           Division 2.5.3--Miscellaneous

   65.     Transfer of land under Fair Work (Registered Organisations) Act 2009  
   66.     Conveyances to prescribed people  
   67.     Conversion of property to unit title  
   68.     Surrender and regrant of Crown lease  
   68A.    Regrant of lease with additional land  
   71.     Bankruptcy or insolvency  
   72.     Transfer to partner of interest in principal place of residence  
   73A.    Transfers etc to entities for community housing  
   73B.    Transfers etc to special disability trusts  
   74.     Transfers relating to mortgages  
   74A.    Financial and other agreements  

   PART 2.6A--DEFERRED PAYMENT OF DUTY

           Division 2.6A--.1 First home owner grant scheme and home buyer concession scheme

   75.     Definitions—div 2.6A.1  
   75A.    Meaning of eligible property—div 2.6A.1  
   75AB.   Application to defer payment of duty  
   75AC.   Approval to defer payment of duty  
   75AD.   Conditions of deferral arrangement  
   75AE.   Unpaid duty and interest a debt and charge on property  

           Division 2.6A--.2 Other duty deferral schemes

   75AF.   Definitions—div 2.6A.2  
   75AG.   Duty deferral schemes—determination  
   75AH.   Duty deferral schemes—application to defer payment of duty  
   75AI.   Duty deferral schemes—approval to defer payment of duty  
   75AJ.   Duty deferral schemes—conditions of deferral arrangement  
   75AK.   Duty deferral schemes—unpaid duty and interest a debt and charge on  

CHAPTER 3--CERTAIN TRANSACTIONS TREATED AS TRANSFERS

   PART 3.1--PRELIMINARY

   76.     Meaning of chapter 3 transaction  
   76A.    Definitions—ch 3  
   77.     Imposition of duty  

   PART 3.2--ACQUISITION OF INTERESTS IN CERTAIN LANDHOLDERS

           Division 3.2.1--Preliminary

   77A.    Meaning of associated person  
   78.     Definitions—pt 3.2  

           Division 3.2.2--Landholding entities

   78A.    Meaning of entity—pt 3.2  
   79.     Meaning of landholder  
   80.     Meaning of landholding—pt 3.2  
   80A.    Meaning of land—pt 3.2  
   81.     Constructive ownership of landholdings—linked bodies  
   82.     Constructive ownership of landholdings and other property—discretionary  
   83.     Interest and significant interest in landholders—pt 3.2  
   84.     How person acquires an interest in a landholder—pt  

           Division 3.2.3--Charging of duty

   85.     When does liability for duty arise?  
   86.     What is a relevant acquisition?—pt 3.2  
   87.     Acquisition statements  
   88.     When must duty be paid?  
   89.     Who is liable to pay duty on relevant acquisition?  
   90.     Duty payable on relevant acquisitions—single interest  
   90A.    Duty payable on relevant acquisitions—aggregated interests  
   90B.    Duty payable on relevant acquisitions—further interest  
   90C.    Unencumbered value determination  
   90D.    Duty payable on relevant acquisitions—combined  

           Division 3.2.4--General and supplemental

   92.     Maximisation of entitlements on distribution of property  
   93.     Valuation of property  
   94.     Uncompleted agreements for sale or conveyance of land  
   94A.    Uncompleted agreements for purchase, allotment or issue of shares or units in  

   PART 3.4--ACQUISITION OF LAND USE ENTITLEMENTS BY ALLOTMENT OF SHARES OR ISSUE OF UNITS

   103.    When does liability for duty arise?  
   104.    When must duty be paid?  
   105.    Who is liable to pay duty?  
   106.    Acquisition of land use entitlement  
   107.    What statement under s 106 must contain  
   108.    Assessment of duty  
   109.    Disability exemption  

   PART 3.6--VOLUNTARY TRANSFERS UNDER FINANCIAL SECTOR (TRANSFER AND RESTRUCTURE) ACT 1999 (CWLTH)

   115A.   Definitions—pt 3.6  
   115B.   Declaration required if business transferred  
   115C.   When does liability for duty arise?  
   115D.   When must duty be paid?  
   115E.   Who is liable to pay duty?  
   115F.   Assessment of duty  
   115G.   Exemptions from duty  

   PART 3.7--EXEMPTIONS--CH 3 TRANSACTIONS

           Division 3.7.1--Exemptions—ch 3 transactions generally

   115H.   Exemptions—ch 3 transactions  
   115HA.  Exemption—relevant acquisitions to secure finance  
   115HB.  Exemption—transactions made on bankruptcy or winding-up  
   115HC.  Exemption—transactions made due to change in trustees  
   115HD.  Exemption—transactions in relation to managed investment schemes  
   115HE.  Exemption—transactions in relation to registered schemes  
   115HF.  Exemption—ch 3 transactions made by apparent purchaser  
   115HG.  Exemption—transactions made to return ch 3 property held by trustee  
   115HH.  Exemption—transactions between superannuation funds  
   115HI.  Exemption—transactions between trustees and custodians of superannuation funds or  

           Division 3.7.2--Exemptions—‘top hatting' arrangements

   115I.   Definitions—div 3.7.2  
   115J.   Exemption for relevant acquisitions  
   115K.   Conditions of exemption  
   115L.   Revocation of exemption  

CHAPTER 7--MORTGAGES

   174.    Liability for duty  

CHAPTER 9--MOTOR VEHICLE REGISTRATION

   PART 9.1--IMPOSITION AND RATES OF DUTY

   203.    Meaning of dutiable value—pt 9.1  
   203A.   Registration of vehicles in the name of 2 or more people  
   204.    Imposition of duty  
   205.    Lodgment of statement of dutiable value  
   206.    Who is liable to pay duty?  
   207.    When does duty become payable?  
   208.    Rate of duty  

   PART 9.2--EXEMPTIONS

   208A.   Definitions—pt 9.2  
   209A.   Foreign countries  
   209B.   International organisations and diplomats  
   209C.   Status of forces agreements  
   211.    Certain disabled people  
   211A.   Partial exemption—modified vehicles for people with  
   214.    Vehicle dealers—registration of demonstrators and trading  
   215.    Organisations registered under Fair Work (Registered Organisations) Act  
   216.    Repossessed motor vehicles  
   217.    Veteran, vintage and historic vehicles  
   218.    Avoidance of double duty—duty paid in corresponding Australian  
   219.    Reassessment of duty—repossession of stolen motor vehicle  

   PART 9.3--MISCELLANEOUS

   221.    Prerequisites for registration  
   223.    Returns by road transport authority  
   224.    Rectification of errors in registration  
   225.    Refund of duty on cancellation of sale  
   226.    Certificates as evidence  

CHAPTER 10--MISCELLANEOUS DUTIES

   229.    Minimum amount of duty  

CHAPTER 11--GENERAL EXEMPTIONS FROM DUTY

   PART 11.1--EXEMPTIONS FROM DUTY--GENERAL

   230.    Inter-generational rural transfers  
   231.    Specialised agencies  
   232.    Charitable organisations  
   232A.   Corporate reconstruction transactions  
   232B.   Hospitals and schools  
   232C.   Commonwealth, States and Territories  
   232D.   Deceased estates  

   PART 11.2--EXEMPTIONS FROM DUTY--CERTAIN PERSONAL RELATIONSHIPS

   232E.   Definitions—pt 11.2  
   232F.   Transactions under certain court orders  
   232G.   Transactions under Family Law Act 1975 (Cwlth), s 90B, s 90C or s 90D  
   232H.   Transactions under Family Law Act 1975 (Cwlth), pt VIIIAB financial  
   232I.   Transactions under Domestic Relationships Act 1994, s 33 (1) (d)  

CHAPTER 12--MISCELLANEOUS

   239.    Electronic assessment and payment of duty  
   242.    Instruments to be separately charged with duty in certain cases  
   243.    Execution of instruments  
   244.    Certificate of duty and other charges  
   250.    Receiving instruments in evidence  
   251.    Valuation of property  
   251A.   Valuation of market rent for commercial lease with premium  
   252.    Objections  
   252AA.  Review of decisions by ACAT  
   252AB.  Determination of fees  
   253.    Regulation-making power  
           DICTIONARY
           ENDNOTES