New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 9C

9C Novation of agreement for lease

(1) A novation of an agreement for the lease of land in New South Wales is taken to be a transfer of dutiable property as if--

(a) the lessee's interest in the agreement were dutiable property, and

(b) the novation of the agreement were a transfer of that dutiable property.

(2) For the purposes of this Act--

(a) the transfer is taken to occur when the agreement for lease is novated (and a reference in this Act to the time at which a transfer occurs includes a reference to such a time), and

(b) the new lessee is taken to be the transferee of the dutiable property (and a reference in this Act to a transferee includes a reference to such a person).

(3) A reference in this Act to dutiable property includes, in relation to a transfer that is taken to occur under this section, a reference to a lessee's interest in an agreement for the lease of land in New South Wales.

(4) To avoid doubt, a reference in this Act to a dutiable transaction includes a reference to a transfer of dutiable property that is taken to occur under this section.