Australian Capital Territory Current Acts

DUTIES ACT 1999 - SECT 115H

    (1)     Duty under this chapter is not payable in relation to a chapter 3 transaction if—

        (a)     a person is liable to pay duty under this chapter in relation to the transaction; and

        (b)     the person applies to the commissioner for an exemption from duty under this division in relation to the transaction; and

        (c)     the commissioner exempts the transaction from duty.

    (2)     An application for exemption from duty must—

        (a)     be in writing; and

        (b)     be made not later than—

              (i)     90 days after the day the chapter 3 transaction is made; or

              (ii)     if the commissioner approves, in writing, a longer period—the end of the longer period; and

        (c)     state the exemption under this division that is being applied for; and

        (d)     include any other information required by the commissioner.

Note     A person may apply to extend the time by which an application for exemption from duty must be made (see Taxation Administration Act

, s 40).

    (3)     The commissioner must exempt a chapter 3 transaction from duty if the commissioner is satisfied an exemption under this division applies to the transaction.