59 Instrument relating to managed investment
(1) Duty of $10 is chargeable in respect of an instrument that:
(a) amends, varies or replaces an instrument that establishes or
governs a managed investment scheme, and
(b) does not transfer, or have the effect of transferring, any
dutiable property to a person who does not hold units in the scheme,
(c) does not have the effect of reducing the number of persons who
hold units in the scheme.
(2) Duty of $10 is chargeable in respect of a declaration of
(a) made by a trustee in respect of dutiable property that,
immediately before the trust is declared, is held by the trustee as trustee of
the prescribed interest scheme within the meaning of the Corporations Law as in force
immediately before 1 July 1998, and
(b) to hold the dutiable property on trust for the responsible entity
of the managed investment scheme.