(1) Duty under this chapter is not payable in relation to a transfer of dutiable property by instrument if the commissioner is satisfied that—
(a) the transfer instrument is cancelled and the dutiable property is not transferred to the transferee; and
(b) the transfer was not cancelled to give effect to a subsale.
(2) The commissioner must reassess and refund duty paid on a transfer of dutiable property if—
(a) duty under this chapter is not payable in relation to the transfer because of this section; and
(b) an application for a refund is made within 5 years after the initial assessment.
(3) The transfer instrument must be surrendered to the commissioner unless the commissioner dispenses with that requirement.