New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 275

275 Charitable and benevolent bodies

(1) Duty under this Act is not chargeable on the following--

(a) a transfer, or an agreement for the sale or transfer, of dutiable property to an exempt charitable or benevolent body,

(b) a declaration of trust over dutiable property held or to be held on trust for an exempt charitable or benevolent body,

(c) a surrender of an interest in land in New South Wales to an exempt charitable or benevolent body,

(d) a vesting of dutiable property in an exempt charitable or benevolent body,

(e) a lease of dutiable property to an exempt charitable or benevolent body,

(f) a mortgage given by or on behalf of an exempt charitable or benevolent body.

(1A) Duty under section 58 (Establishment of a trust relating to unidentified property and non-dutiable property) is not chargeable on an instrument that declares a trust over property held or to be held on trust for an exempt charitable or benevolent body.

(2A) Landholder duty is not chargeable on the acquisition of an interest in a landholder by an exempt charitable or benevolent body.

(3) In this section--

"exempt charitable or benevolent body" means--

(a) any body corporate, society, institution or other organisation for the time being approved by the Chief Commissioner for the purposes of this paragraph whose resources are, in accordance with its rules or objects, used wholly or predominantly for--

(i) the relief of poverty in Australia, or

(ii) the promotion of education in Australia, or

(b) any body corporate, society, institution or other organisation that, in the opinion of the Chief Commissioner, is of a charitable or benevolent nature, or has as its primary object the promotion of the interests of Aborigines and if--

(i) (in the application of this definition for the purposes of subsection (1) or (1A)) the dutiable transaction or instrument is for such purposes as the Chief Commissioner may approve in accordance with guidelines approved by the Treasurer, or

(iii) (in the application of this definition for the purposes of subsection (2A)) the land holdings of the landholder are being used or are to be used for such purposes as the Chief Commissioner may approve in accordance with guidelines approved by the Treasurer, or

(c) any person acting in the person's capacity as trustee for a body corporate, society, institution or other organisation referred to in paragraph (a) or (b).

"landholder duty" means the duty chargeable under Chapter 4.