Australian Capital Territory Current Acts

DUTIES ACT 1999 - SECT 17

    (1)     If a dutiable transaction is effected by more than 1 instrument, duty under this chapter—

        (a)     is payable in relation to the first executed instrument effecting the transaction; but

        (b)     is not payable in relation to the other instruments.

Note     First executed , for an instrument—see s 243.

    (2)     Duty under this chapter is not payable in relation to a transfer of dutiable property made in conformity with an agreement for the sale or transfer of the property.

    (3)     Subsection (4) applies if—

        (a)     a transfer of dutiable property is not made in conformity with an agreement for the sale or transfer of the property; and

        (b)     the transfer would be in conformity with the agreement if the transferee was the purchaser under the agreement; and

        (c)     the purchaser under the agreement and the transferee under the transfer were related people at the time the agreement was entered into.

    (4)     Duty under this chapter—

        (a)     is payable in relation to the agreement for the sale or transfer of the dutiable property; but

        (b)     is not payable in relation to the transfer of the dutiable property.

    (5)     Duty under this chapter is not payable in relation to a transfer to a trustee of dutiable property subject to a declaration of trust if ad valorem duty has been paid on the declaration of trust in relation to the same dutiable property.

    (6)     Duty under this chapter is not payable in relation to a declaration of trust that declares the same trusts as those on and subject to which the same dutiable property was transferred to the person declaring the trust if ad valorem duty has been paid on the transfer.

    (7)     A dutiable transaction in respect of an interest in a landholder conferring a land use entitlement is taken to be a dutiable transaction in respect of the land use entitlement only and, if duty has been paid on the dutiable transaction in accordance with a law of another Australian jurisdiction, the duty payable under this chapter on the dutiable transaction is to be reduced by the amount of the duty so paid.

    (8)     This section does not apply to a personal relationship financial agreement if—

        (a)     the agreement provides for a transfer of dutiable property; and

        (b)     the transfer is not exempt from duty under any of the following:

              (i)     section 232G (Transactions under Family Law Act 1975 (Cwlth), s 90B, s 90C or s 90D financial agreements);

              (ii)     section 232H (Transactions under Family Law Act 1975 (Cwlth), pt VIIIAB financial agreements);

              (iii)     section 232I (Transactions under Domestic Relationships Act 1994, s 33 (1) (d)).

    (9)     In this section:

"personal relationship financial agreement" means—

        (a)     a financial agreement made under the Family Law Act 1975

(Cwlth), section 90B, section 90C or section 90D that is binding on the parties under that Act; or

        (b)     a part VIIIAB financial agreement made under the Family Law Act 1975

(Cwlth), section 90UB, section 90UC or section 90UD that is binding on the parties under that Act; or

        (c)     a domestic relationship agreement or termination agreement under the Domestic Relationships Act 1994

.

"related person"—see section 77A (3).