Australian Capital Territory Current Acts

DUTIES ACT 1999 - SECT 232

    (1)     Duty under this Act is not payable if the duty would be payable by a charitable organisation.

    (2)     In this section:

"charitable organisation"—

        (a)     for a tax law—see the Taxation Administration Act

, section 18B; but

        (b)     does not include an organisation that is related to an excluded organisation unless a beneficial organisation determination is in force for the excluded organisation.

Note 1     Beneficial organisation determination —see the Taxation Administration Act

, dictionary.

Note 2     Excluded organisation and "organisation"—see the Taxation Administration Act

, pt 3A (Charitable organisations).

    (3)     For subsection (2), an organisation is related to an excluded organisation if—

        (a)     the organisation holds dutiable property as trustee of a trust; and

        (b)     the excluded organisation is a beneficiary under the trust, whether it has a vested share or is contingently entitled or is a potential beneficiary under the trust.