New South Wales Consolidated Acts
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DUTIES ACT 1997 - SECT 278
Department of Housing and Aboriginal Housing Office tenants
278 Department of Housing and Aboriginal Housing Office tenants
(1) Duty under this Act is not chargeable on an agreement for the sale or
transfer, or a transfer, of land, or a mortgage executed to finance or assist
the purchase of that land (but only to the extent to which the amount secured
by the mortgage is to finance or assist that purchase), or a mortgage in
support of that mortgage, if the purchaser or borrower, or at least one of the
purchasers or borrowers--
(a) is, at the date of the transaction or the date
of the first execution of the instrument, an eligible tenant, and
obtain not less than 25% of the beneficial ownership of the land, and
intends to occupy the land as his or her principal place of residence.
For the purposes of this section, a person is an
"eligible tenant" if the person--
(a) is a tenant of the Department of
(b) is a tenant under the Community Tenancy Scheme administered
within the Department of Family and Community Services, or
(c) is a tenant of
the Aboriginal Housing Office.
(3) This section applies in respect of an
agreement for sale or transfer, or a transfer, of land in respect of which an
eligible tenant obtains less than 100% of the beneficial ownership of the land
(a) the other purchasers are natural persons, and
(b) the Chief
Commissioner is satisfied that each of those other purchasers is a member of
the eligible tenant's family or a person who is genuinely assisting the
eligible tenant to acquire the land as his or her principal place of
(4) For the purpose of subsection (3), the New South Wales Land
and Housing Corporation is not considered to be a purchaser.
exemption conferred by this section is conditional on the eligible tenant
occupying the land concerned as his or her principal place of residence for a
continuous period of at least 6 months, with that occupation starting within
12 months (or such longer period as the Chief Commissioner may approve) after
completion of the agreement for sale or transfer, or transfer, of the land.
This requirement is referred to as
"the residence requirement" .
(6) The Chief Commissioner may, if satisfied
that there are good reasons to do so in a particular case--
the residence requirement by approving a shorter period of occupation by an
eligible tenant, or
(b) exempt an eligible tenant from compliance with
the residence requirement.
(7) If an eligible tenant fails to comply with
the residence requirement, the eligible tenant must, within 14 days after the
end of the period for compliance--
(a) give written notice of that fact to the
Chief Commissioner, and
(b) pay to the Chief Commissioner the duty that would
have been payable on the transactions or instruments concerned if they had not
been exempt from duty under this section.
(8) A person who fails to comply
with subsection (7) is guilty of an offence.
: Maximum penalty--50 penalty
(9) For the purposes of this section, a person is a member of an
(a) one is the spouse or de facto partner of the other, or
the relationship between them is that of parent and child, brothers, sisters,
or brother and sister.
(10) This section does not prevent section 221B from
applying in respect of a mortgage.
Note : Section 221B extends a general
mortgage duty exemption to all mortgages associated with owner occupied
housing, and takes effect on and from 1 September 2007.
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