The duty chargeable on the enlargement of a term in land into a fee simple under section 134 of the Conveyancing Act 1919 is $100 if--
(a) the Chief Commissioner is satisfied that the grant of the term in the land, and subsequent enlargement, are not part of a scheme to avoid duty on a transfer of land, and
(b) one of the following applies--(i) ad valorem duty under this Chapter was paid by the transferee on the transaction by which the term in the land was acquired,(ii) section 55, 57 or 63 applied to the acquisition of the term in the land, and duty was paid as provided for by the section that applied,(iii) no duty was chargeable on the acquisition of the term in the land by the transferee because of section 68.