59 Instrument relating to managed investment scheme
(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, and
(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 trust:
(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.