In this Act:Act imposing duty means:
(a) a corresponding Act, or(b) an Act to which the Taxation Administration Act 1996 applies.ADR means a negotiable certificated receipt issued by a depositary resident outside Australia acknowledging the interest of the registered holder of the receipt in shares in a NSW company held by the depositary, or deposited with a depositary to hold, as trustee for the holder.
amount secured, in relation to a mortgage, has the meaning given by section 213.
application to register a motor vehicle means:
(a) an application under the Road Transport (Vehicle Registration) Act 1997 to register a motor vehicle, and(b) an application under the Road Transport (Vehicle Registration) Act 1997 to transfer the registration of a motor vehicle.approved form means a form approved under section 34 of the Taxation Administration Act 1996.
associated person—see clause 2.
Australian register has the same meaning as in the Corporations Act 2001 of the Commonwealth.
Australian Stock Exchange means the Australian Stock Exchange Limited.
bank means a bank within the meaning of the Commonwealth Banking Act 1959.
bankrupt includes applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounding with creditors or making an assignment of remuneration for their benefit.
business asset has the meaning given by section 11 (g).
charge includes impose.
collateral mortgage means a mortgage that secures all or part of the same money as another mortgage, instrument of security or mortgage package.
company title dwelling means a separate dwelling in a building containing more than one separate dwelling situated on land in New South Wales owned or leased by a company in which shares issued by the company are owned by persons who, by virtue of the ownership of their shares, have an exclusive right to occupy a part of the building.
complying approved deposit fund means an entity that is a complying approved deposit fund in accordance with section 43 of the Commonwealth Superannuation Industry (Supervision) Act 1993.
complying superannuation fund means an entity that is a complying superannuation fund in accordance with section 42 or section 42A of the Commonwealth Superannuation Industry (Supervision) Act 1993 and an exempt public sector superannuation scheme.
corporation means a body corporate, whether incorporated in this jurisdiction or elsewhere.
corresponding Act means an Act of another Australian jurisdiction that corresponds to this Act.
cost of a lease has the meaning given by section 166.
de facto partner means a person who has been a party to a de facto relationship for a period of not less than 2 years, and includes a person who was for such a period a party to such a relationship that has ceased, whether the cessation took place in Australia or elsewhere.
de facto relationship has the same meaning as in the Family Law Act 1975 of the Commonwealth.
disabled person means a person who is 16 years of age or older and who is:
(a) permanently blind, or(b) permanently incapacitated for work.discretionary trust means a trust under which the vesting of the whole or any part of the capital of the trust estate, or the whole or any part of the income from that capital, or both:
(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 if a discretion conferred under the trust is not exercised, or(c) has occurred but under which the whole or any part of that capital or the whole or any part of that income, or both, will be divested from the person or persons in whom it is vested if a discretion conferred under the trust is exercised.domestic relationship has the same meaning as in the Property (Relationships) Act 1984.
dutiable property has the meaning given by section 11.
dutiable proportion, in relation to a mortgage, means the dutiable proportion of the amount secured by the mortgage calculated under section 216.
dutiable transaction has the meaning given by section 8 (2).
dutiable value of a motor vehicle has the meaning given by section 266.
dutiable value of dutiable property has the meaning given by section 21.
eligible rollover fund means an entity that is an eligible rollover fund in accordance with section 242 of the Commonwealth Superannuation Industry (Supervision) Act 1993 and includes an entity the trustee of which is satisfied will be an eligible rollover fund within 12 months after the date on which a liability to duty arises (or would otherwise arise).
fit-out costs, in relation to a lease, means improvements made by or on behalf of, or at the expense of, the lessee, being improvements that either remain the property of the lessee or are fixtures removable at the option of the lessee.
foreign resident means a person who at the relevant time:
(a) in the case of a person, other than a person referred to in paragraph (b) or (c), is not resident or domiciled in Australia, or(b) in the case of a body corporate, is not incorporated under a law of an Australian jurisdiction and:(i) does not have its central management and control in Australia, and(ii) does not have its voting power controlled by shareholders who are residents of Australia, or(c) in the case of a partnership or other unincorporated association or body of persons, does not have a member who is resident in Australia, or(d) in the case of a trust estate:(i) does not have a trustee who is resident in Australia, and(ii) does not have its central management and control in Australia.franchise means the package of rights held by a franchisee under a franchise arrangement.
franchise arrangement means an agreement or other arrangement between two or more persons by which one of them (the franchisor) authorises or permits another (the franchisee):
(a) to engage in the business of offering, selling or distributing goods and services within or partly within New South Wales, and the franchisee is required to do so:(i) in accordance with a specified marketing, business or technical plan or system, and(ii) under a common format or procedure (or format and procedure), and(b) to use a mark or common trade name, in such a manner that the business carried on by the franchisee is or is capable of being identified by the public as being substantially associated with the mark or name identifying, commonly connected with or controlled by the franchisor or a related person.franchisee has the meaning given in the definition of franchise arrangement.
franchisor has the meaning given in the definition of franchise arrangement.
general insurance has the meaning given by section 230.
government body means:
(a) the Commonwealth, or(b) the Government or Administration of a State or Territory of the Commonwealth, or(c) a council, county council, other local governing body or public authority constituted by or under a law of the Commonwealth or a State or Territory of the Commonwealth, or(d) a corporation the principal business of which is the supply and distribution by a system of reticulation, in this jurisdiction or in any other Australian jurisdiction, of water, gas or electricity.GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payments may be made under section 5 of the Intergovernmental Agreement Implementation (GST) Act 2000 by a person who is a State entity within the meaning of that Act.
home means a private dwelling and includes a private dwelling which is a company title dwelling and a farming property on which a private dwelling is erected.
instrument includes a written document and a written statement.
insurance includes assurance.
insurance intermediary means:
(a) a person who arranges contracts of insurance in New South Wales:(i) for reward, or(ii) as an agent for a person carrying on a business of insurance, or(b) a financial services licensee (as defined in section 761A of the Corporations Act 2001 of the Commonwealth) whose licence covers arranging contracts of insurance as an agent for a person carrying on a business of insurance, or(c) a regulated principal (as defined in section 1430 of the Corporations Act 2001 of the Commonwealth) when carrying on business as an insurance broker as authorised by Subdivision D of Division 1 of Part 10.2 of that Act.insurer has the meaning given by section 247.
intellectual property means:
(a) a business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or(b) a right, whether or not under a franchise arrangement, to use or exploit:(i) a business name, trading name, domain name, trade mark or industrial design, or(ii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).interest includes an estate or proprietary right.
land includes a stratum.
land use entitlement means an entitlement to occupy land within New South Wales conferred through an ownership of shares in a company or an ownership of units in a unit trust scheme, or a combination of a shareholding or ownership of units together with a lease or licence.
land used for primary production means land that is exempt from land tax under section 10AA (Exemption for land used for primary production) of the Land Tax Management Act 1956.
lease of a moveable dwelling site means an agreement under which a person has the right to occupy for a term (or a term together with any option period) not exceeding 5 years:
(a) any land used, or intended to be used, as the site of a moveable dwelling within the meaning of the Local Government Act 1993, or(b) any such moveable dwelling on that site, or(c) both the land and any such moveable dwelling.liability date, in relation to a mortgage, means the date the mortgage becomes liable for mortgage duty under section 208.
life company has the same meaning as in the Life Insurance Act 1995 of the Commonwealth.
life insurance has the meaning given by section 240.
linked entity of a unit trust scheme or company has the meaning given by section 158.
listed company means a company any of the shares of which are quoted on the Australian Stock Exchange or any exchange of the World Federation of Exchanges.
listed trust means a unit trust scheme any of the units in which are quoted on the Australian Stock Exchange or any exchange of the World Federation of Exchanges.
loan-backed security means:
(a) an instrument or property creating, conferring or comprising a right or interest (whether described as a unit, bond or otherwise) of or on a beneficiary in a scheme under which the profits, distributions of capital or income in which beneficiaries participate arise or arises from the acquisition, holding, management or disposal of a pool of loans, or any instrument which evidences such a right or interest, or(b) a debt security:(i) the payments under which by the person that issues or makes the instrument are derived substantially from the acquisition, holding, management or disposal of a pool of loans, and(ii) that is secured by a mortgage or charge over a pool of loans, or(c) an instrument of a class or description of instruments, or property of a class or description of property, prescribed to be a loan-backed security for the purposes of this definition.majority shareholder in a private company means:
(a) in the case of a company the voting shares in which are not divided into classes—a person entitled to not less than 50% of those shares, and(b) in the case of a company the voting shares in which are divided into classes—a person entitled to not less than 50% of the shares in one of those classes.managed investment scheme means a managed investment scheme within the meaning of Chapter 5C of the Corporations Act 2001 of the Commonwealth, and includes a public unit trust scheme.
market value of a motor vehicle means the amount for which the motor vehicle might reasonably be sold, free of encumbrances, on the open market.
marketable securities means the following:
(a) shares referred to in section 11 (1) (d),(b) units referred to in section 11 (1) (e),(c) an interest in shares or units referred to in paragraph (a) or (b).mortgage for the purposes of sections 282 and 284 and the definitions of mortgage-backed security and pool of mortgages means a mortgage of any estate or interest in land, including a leasehold estate or interest in land, whether the land is situated in New South Wales or elsewhere, and includes a charge over any such land.
mortgage-backed security means:
(a) an interest in a trust that entitles the holder of or beneficial owner under the interest:(i) to the whole or any part of the rights or entitlements of a mortgagee and any other rights or entitlements in respect of a mortgage or any money payable by the mortgagor under the mortgage (whether the money is payable to the holder of or beneficial owner under the interest on the same terms and conditions as under the mortgage or not), or(ii) to the whole or any part of the rights or entitlements of a mortgagee and any other rights or entitlements in respect of a pool of mortgages or any money payable by mortgagors under those mortgages (whether the money is payable to the holder of or beneficial owner under the interest on the same terms and conditions as under the mortgages or not), or(iii) to payments that are derived substantially or, if the regulations prescribe the extent, to the prescribed extent, from the income or receipts of a pool of mortgages,and that may, in addition, entitle the holder or beneficial owner to a transfer or assignment of the mortgage or mortgages, or(b) a debt security (whether or not in writing) the payments under which by the person who issues or makes the debt security are derived substantially or, if the regulations prescribe the extent, to the prescribed extent, from the income or receipts of a pool of mortgages, or(c) any of the following:but does not include an instrument or property comprising:(i) an interest in a trust creating, conferring or comprising a right or interest (whether described as a unit, bond or otherwise) of or on a beneficiary in a scheme under which any profit or income in which the beneficiaries participate arises from the acquisition, holding, management or disposal of prescribed property, or any instrument that evidences such a right or interest,(ii) a security (whether or not in writing) the payments under which by the person who issues or makes the security are derived substantially from the income or receipts of prescribed property,(iii) an interest in a trust, a debt security (whether or not in writing), an instrument or property that creates an interest in or charge over an interest in a trust, a debt security (whether or not in writing) or other instrument or property, to which paragraph (a) or (b) or subparagraph (i) or (ii) of this paragraph applies,(d) a mortgage, or(e) the transfer of a mortgage, or(f) a declaration of trust, or(g) an instrument of a class or description of instruments, or property of a class or description of property, prescribed not to be a mortgage-backed security for the purposes of this definition.mortgage package has the meaning given by section 214.
motor vehicle means, except in Chapter 8:
(a) a motor vehicle or trailer within the meaning of the Road Transport (Vehicle Registration) Act 1997, or(b) a caravan.new motor vehicle means a motor vehicle that has not previously been registered under the Road Transport (Vehicle Registration) Act 1997 or the law of another Australian jurisdiction.
NSW company means:
(a) a company incorporated or taken to be incorporated under the Corporations Act 2001 of the Commonwealth that is taken to be registered in New South Wales for the purposes of that Act, or(b) any other body corporate that is incorporated under an Act of New South Wales.partnership interest has the meaning given by section 11 (i).
permanent building society means a continuing building society within the meaning of the Financial Institutions (NSW) Code.
pool of loans means a pool of loans that is comprised substantially of any one or more of the following:
(a) cash,(b) notes, debentures, loans, stock, promissory notes, bonds or other securities of a government body,(c) bills of exchange, promissory notes or other negotiable instruments accepted, drawn or endorsed by a bank, a permanent building society or a government body,(d) deposits with, or the acquisition of certificates of deposits or any other security issued by, a bank, a permanent building society or a government body,(e) loan-backed securities,(f) mortgage-backed securities,(g) a guaranteed investment contract of a type approved by the Chief Commissioner,(h) assets of a class or description of assets prescribed for the purposes of this definition.pool of mortgages means a pool or collection of assets:
(a) that is comprised solely of mortgages, or(b) that is comprised substantially or, if the regulations prescribe the extent, to the prescribed extent, of mortgages or of money paid pursuant to mortgages (whether or not that money has been invested in prescribed property) or of money (whether or not that money has been invested in prescribed property) if the primary investment policy is to invest in mortgages, but that may also contain either or both of the following:(i) prescribed property,(ii) any other property that forms part of the pool or collection of assets for the purpose of issuing or making a mortgage-backed security in relation to the pool of mortgages.pooled superannuation trust means an entity that is a pooled superannuation trust in accordance with section 44 of the Commonwealth Superannuation Industry (Supervision) Act 1993.
prescribed property means any of the following:
(a) cash,(b) bonds, debentures, stock or Treasury Bills of the Commonwealth or the Government of New South Wales or the Government or Administration of another State or Territory,(c) debentures or stock of any public statutory body constituted under the law of the Commonwealth or New South Wales or another State or Territory,(d) notes or other securities of the Commonwealth or the Government of New South Wales or the Government or Administration of another State or Territory,(e) deposits with, or the acquisition of certificates of deposits or any other security issued by, a bank or building society (whether expressed in Australian currency or otherwise),(f) bills of exchange, promissory notes or other negotiable instruments accepted, drawn or endorsed by a bank (whether expressed in Australian currency or otherwise),(g) a guaranteed investment contract (expressed in Australian currency) of a type approved by the Chief Commissioner,(h) mortgage-backed securities, mortgage-backed certificates within the meaning of Part 1B of the Trustee Act 1958 of Victoria or marketable securities that are secondary mortgage market securities under section 29 (1) of the Mortgages (Secondary Market) Act 1984 of Queensland.private company means a company that is not limited by shares, or whose shares are not quoted on the Australian Stock Exchange or any exchange of the World Federation of Exchanges.
private unit trust scheme means a unit trust scheme that is not a public unit trust scheme.
public hospital means a public health organisation within the meaning of the Health Services Act 1997.
public unit trust scheme means a listed trust or a widely held trust.
quoted, in relation to any shares, units in a unit trust scheme or interests in such shares or units, includes:
(a) shares, units or interests that have stopped being quoted on a stock exchange merely because they belong to a class of shares, units or interests the quotation of which has been suspended, unless the body that issued the shares, units or interests has ceased to be included in the official list of the stock exchange, and(b) shares, units or interests that comprise a stapled security that is quoted on a stock exchange.recognised stock exchange means:
(a) a stock exchange that is a member of the World Federation of Exchanges, or(b) the National Stock Exchange, or(c) a stock exchange that is declared to be a recognised stock exchange by an order of the Minister, published in the Gazette, that is in force.Editorial note. For orders under this definition see Gazette No 61 of 5.5.2006, p 2696.registered insurer means an insurer registered under Part 3 of Chapter 8.
related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.
related person means a person who is related to another person in accordance with any of the following provisions:
(a) natural persons are related persons if:(i) one is the spouse or de facto partner of the other, or(ii) the relationship between them is that of parent and child, brothers, sisters, or brother and sister,(b) companies are related persons if they are related bodies corporate,(c) a natural person and a private company are related persons if the natural person is a majority shareholder or director of the company or of another private company that is a related body corporate,(d) a natural person and a trustee are related persons if the natural person is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee is a trustee,(e) a private company and a trustee are related persons if the company, or a majority shareholder or director of the company, is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee is a trustee.replica has the meaning given by section 272.
residential lease means an agreement under which a person has the right to occupy for a term (or for a term together with any option period) not exceeding 5 years any premises or part of premises used or intended to be used, whether or not exclusively, as a place of residence.
responsible entity of a managed investment scheme has the same meaning as in the Corporations Act 2001 of the Commonwealth.
retired person means a person who is 55 years of age or older or who has retired from full-time employment and includes a person who is or was the spouse or the de facto partner of such a person.
right to shares or units means any right (whether actual, prospective or contingent) of a person to have shares or units issued by a company or trust to the person, whether or not on payment of money or for other consideration, but does not include a convertible note.
RIOT has the same meaning as a registered independent options trader has in the Business Rules of the Australian Stock Exchange.
road means a road or road related area within the meaning of the Road Transport (Vehicle Registration) Act 1997 (other than a road or road related area that is the subject of a declaration made under section 15 (1) (b) of the Road Transport (General) Act 2005 relating to all of the provisions of that Act).
shares includes rights to shares.
strata lot means a lot as defined in section 5 (1) of the Strata Schemes (Freehold Development) Act 1973 or section 4 (1) of the Strata Schemes (Leasehold Development) Act 1986.
transfer includes an assignment and an exchange.
transferable floor space has the meaning given by section 11 (b).
unencumbered value has the meaning given by section 23.
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.unit trust scheme means any arrangements made for the purpose, or having the effect, of providing, for persons having funds available for investment, facilities for the participation by them, as beneficiaries under a trust, in any profits, income or distribution of assets arising from the acquisition, holding, management or disposal of any property whatever pursuant to the trust.
variation of a lease means a variation made for any reason or on any basis and includes a further variation.
widely held trust—see clause 3.
2 Meaning of “associated person”
(1) For the purposes of this Act, an associated person means a person who is associated with another person in accordance with the following provisions:(a) persons are associated persons if they are related persons,(b) natural persons are associated persons if they are partners in a partnership to which the Partnership Act 1892 applies,(c) companies are associated persons if the same person has a majority shareholding in each company,(d) trustees are associated persons if any person is a beneficiary common to the trusts of which they are trustees,(e) a company and a trustee are associated persons if a related body corporate of the company is a beneficiary of the trust (not including a public unit trust scheme) of which the trustee is a trustee,(f) a company and the trustee of a unit trust scheme are associated persons if the shares in the company and the units in the unit trust scheme are “stapled”, so that they cannot be traded except as a single security,(g) trustees of unit trust schemes are associated persons if the units in the unit trust schemes are “stapled”, so that they cannot be traded except as a single security.(2) However, the responsible entity for a managed investment scheme and the responsible entity for another managed investment scheme are considered to be associated persons only if:(a) a person who holds a significant interest in one scheme also holds a significant interest in the other scheme, or(b) a person holds a significant interest in one scheme and a related person to that person holds a significant interest in the other scheme.(3) A person holds a significant interest in a managed investment scheme if the person is a member of the scheme and has an interest in the scheme that (either alone or when aggregated with the interests in the scheme held by related persons who are members of the scheme) is an interest of more than 20%.
3 Meaning of “widely held trust”
(1) For the purposes of this Act, a widely held trust means a unit trust scheme which has not less than 300 unit holders none of whom, individually or together with any associated person, is entitled to more than 20% of the units in the trust.(2) If a registered unit holder in a unit trust scheme holds units as a trustee for 2 or more trusts the unit holder is to be treated as a separate registered unit holder in relation to each of those trusts and the units held under each trust are to be treated as a separate unit holding.(3) However, a trustee is not to be treated as a separate registered unit holder in relation to 2 or more trusts if, as separate registered unit holders in relation to those trusts, they would be associated persons.
(1) For the purposes of this Act, a mining lease or mineral claim granted under the Mining Act 1992 is taken to give the holder an interest in the land to which it relates.(2) For the purposes of this Act, the following do not give rise to an interest in land:(a) an assessment lease, exploration licence or opal prospecting licence under the Mining Act 1992,(b) a carbon sequestration right within the meaning of Division 4 of Part 6 of the Conveyancing Act 1919,(c) a petroleum title within the meaning of the Petroleum (Onshore) Act 1991,(d) a licence, permit, lease, access authority or special prospecting authority under the Petroleum (Offshore) Act 1982.