New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 224

224 Farm machinery and commercial vehicles

(1) Mortgage duty is not chargeable on so much of an advance to a natural person or a strata corporation for the acquisition of farm machinery or a commercial vehicle as is secured by the mortgage.

(2) In this section--

"commercial vehicle" means--

(a) a motor vehicle or trailer within the meaning of the Road Transport Act 2013 constructed or adapted principally for the carriage of goods but does not include a motor vehicle of the kind known as a utility, a station wagon or a panel van, or

(b) a vehicle without motive power of its own and constructed or adapted principally for the carriage of goods and for being drawn by a motor vehicle within the meaning of that Act.

"farm machinery" means--

(a) a harvester, binder, tractor, plough or other agricultural implement, or

(b) a boat within the meaning of the Fisheries Management Act 1994 or fishing gear within the meaning of that Act, or

(c) any other goods of a class commonly used for the purposes of a farming undertaking that are determined by the Chief Commissioner to be farm machinery for the purposes of this section,

where the goods are acquired for the purposes of a farming undertaking.

"farming undertaking" includes--

(a) any agricultural, apicultural, dairy farming, horticultural, orcharding, pastoral, poultry keeping, viticultural or other business involving the cultivation of the soil, the gathering of crops or the rearing of livestock, and

(b) the business of taking fish, crustacea, oysters or any other marine, estuarine or fresh-water animal life, and

(c) the cutting of timber for sale, and

(d) any class of business determined by the Chief Commissioner to be a farming undertaking.