Duty under this chapter is not payable in relation to the transfer of a unit within the meaning of the Unit Titles Act 2001
if the commissioner is satisfied that—
(a) the transferee, immediately before registration of the units plan, held a land use entitlement in respect of the land or part of the land the subject of the units plan; and
(b) the transfer is part of an arrangement under which the transferee will take an interest in the unit similar in effect to and in substitution for the interest the transferee had under the land use entitlement immediately before registration of the units plan.