(1) Duty of $20 is chargeable in respect of an instrument that—
(a) amends, varies or replaces an instrument that establishes or governs a managed investment scheme;
(b) does not transfer, or have the effect of transferring, any dutiable property to a person who does not hold units in the scheme; and
(c) does not have the effect of reducing the number of persons who hold units in the scheme.
(2) Duty of $20 is chargeable in respect of a declaration of trust—
(a) that is made by a trustee in respect of dutiable property that, immediately before the trust is declared, is held by the trustee as trustee of the responsible entity of a managed investment scheme; and
(b) that is made for the purpose of holding the dutiable property on trust for the responsible entity of the managed investment scheme.