Duties Act 1997 No 123
Historical version for 30 January 2012 to 29 March 2012 (accessed 29 November 2014 at 08:36) Current version
Chapter 2Part 6Division 3

Division 3 Miscellaneous

63   Deceased estates

(1)  Duty of $50 is chargeable in respect of:
(a)  a transfer of dutiable property by the legal personal representative of a deceased person to a beneficiary, being:
(i)  a transfer made under and in conformity with the trusts contained in the will of the deceased person or arising on an intestacy, or
(ii)  a transfer of property the subject of a trust for sale contained in the will of the deceased person, or
(iii)  an appropriation of the property of the deceased person (as referred to in section 46 of the Trustee Act 1925) in or towards satisfaction of the beneficiary’s entitlement under the trusts contained in the will of the deceased person or arising on intestacy, and
(b)  a consent by a legal personal representative of a deceased person to a transmission application by a beneficiary, and
(c)  a transmission application to a devisee who is also the sole legal personal representative, and
(d)  a declaration by an executor of a will under section 11 of the Trustee Act 1925 if the Chief Commissioner is satisfied that the declaration is consistent with the entitlements of beneficiaries under the trusts contained in the will.
(2)  If a transfer of dutiable property is made by a legal personal representative of a deceased person to a beneficiary under an agreement (whether or not in writing) between the beneficiary and one or more other beneficiaries to vary the trusts contained in a will of the deceased person or arising on intestacy, the dutiable value of the dutiable property is to be reduced by the portion of the dutiable value that is referable to the dutiable property to which the beneficiary had an entitlement arising under the trusts contained in the will or arising on intestacy.
(3)  Section 25 does not apply to a dutiable transaction to which subsection (2) applies.
(4)  If the duty chargeable in respect of a transfer, consent or transmission application referred to in subsection (1) would, but for that subsection, be less than $50, the duty chargeable is that lesser amount.
(5)  This section is subject to section 273, which provides for a minimum duty of $10.

64   Conversion of land use entitlement to different form of title

The duty chargeable on the transfer of a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or a lot in a deposited plan is $50 if:
(a)  the transferee, immediately before registration of the strata plan or deposited plan, held a land use entitlement in respect of the land or part of the land the subject of the strata plan or deposited plan, and
(b)  the transfer is part of an arrangement under which the transferee will take an interest in the lot similar in effect to and in substitution for the interest the transferee had under the land use entitlement immediately before registration of the strata plan or deposited plan, and
(c)  one of the following applies:
(i)  ad valorem duty was paid on the transaction by which the land use entitlement was acquired by the transferee,
(ii)  section 55, 57 or 63 applied to the acquisition of the land use entitlement by the transferee, and duty was paid as provided for by the section that applied,
(iii)  no duty was chargeable on the acquisition of the land use entitlement by the transferee because of section 68,
(iv)  no duty was chargeable on the acquisition of the land use entitlement by the transferee because of section 78A (which relates to the First Home—New Home scheme).

64AA   Enlargement of the term in land into fee simple

The duty chargeable on the enlargement of a term in land into a fee simple under section 134 of the Conveyancing Act 1919 is $50 if:
(a)  the Chief Commissioner is satisfied that the grant of the term in the land, and subsequent enlargement, are not part of a scheme to avoid duty on a transfer of land, and
(b)  one of the following applies:
(i)  ad valorem duty was paid by the transferee on the transaction by which the term in the land was acquired,
(ii)  section 55, 57 or 63 applied to the acquisition of the term in the land, and duty was paid as provided for by the section that applied,
(iii)  no duty was chargeable on the acquisition of the term in the land by the transferee because of section 68.

64A   Amalgamation of Western Lands leases

(1)  This section applies to the transfer of, or an agreement to transfer, a lease under the Western Lands Act 1901, being a lease for a purpose specified in an order of the Governor made for the purposes of this section and published in the Gazette.
Editorial note. For orders published under this section see Gazette No 92 of 13.8.1999, p 5743.
(2)  The duty chargeable on a dutiable transaction, being the transfer of, or an agreement to transfer, a lease to which this section applies is to be reduced if:
(a)  the transferee has transferred another lease under the Western Lands Act 1901 within 3 years before the dutiable transaction, and
(b)  the land subject to the dutiable transaction adjoins land held by the transferee under a lease under the Western Lands Act 1901.
(3)  The duty chargeable on the dutiable transaction is to be reduced by the amount of duty paid on the transfer of, or the agreement to transfer, the other lease within 3 years before the dutiable transaction.

64B   Reduction of duty on transfer of marketable securities—payment in non-Australian jurisdiction

(1)  The amount of duty chargeable under this Chapter on a transfer of marketable securities is to be reduced by the amount of duty of a similar kind paid in relation to the transfer in accordance with the law of a place outside Australia.
(2)  In this section, a reference to a transfer of marketable securities includes a reference to a dealing or arrangement affecting marketable securities by means of a dutiable transaction other than a transfer.
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