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DUTIES ACT 1997 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 314)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any of the following Acts--
State Revenue Legislation Amendment Act 1998
State Revenue Legislation Further Amendment Act 1998
State Revenue Legislation (Miscellaneous Amendments) Act 1998
Property (Relationships) Legislation Amendment Act 1999
State Revenue Legislation Amendment Act 1999
State Revenue Legislation Further Amendment Act 1999
Intergovernmental Agreement Implementation (GST) Act 2000
State Revenue Legislation Amendment Act 2000
State Revenue Legislation Further Amendment Act 2000
State Revenue Legislation Amendment Act 2001
State Revenue Legislation Further Amendment (No 2) Act 2001 (to the extent that it amends this Act)
State Revenue Legislation Amendment (Budget) Act 2002
State Revenue Legislation Amendment Act 2002
State Revenue Legislation Amendment Act 2003
Duties Amendment (Land Rich) Act 2003
State Revenue Legislation Further Amendment Act 2003 (to the extent that it amends this Act)
State Revenue Legislation Amendment Act 2004
State Revenue Legislation Further Amendment Act 2004
Duties Amendment (Land Rich) Act 2004
State Revenue Legislation Amendment (Budget Measures) Act 2005
State Revenue Legislation Amendment Act 2005
Duties Amendment (Abolition of Vendor Duty) Act 2005
State Revenue Legislation Further Amendment Act 2005
Duties Amendment (Abolition of State Taxes) Act 2006
State Revenue Legislation Amendment Act 2006
State Revenue Legislation Amendment (Tax Concessions) Act 2006
State Revenue and Other Legislation Amendment (Budget) Act 2007
Duties Amendment (First Home Plus One) Act 2007
State Revenue and Other Legislation Amendment (Budget) Act 2008
State Revenue Legislation Amendment Act 2008
State Revenue and Other Legislation Amendment (Budget Measures) Act 2008
State Revenue Legislation Amendment Act 2009
State Revenue Legislation Further Amendment Act 2009
State Revenue Legislation Amendment (Defence Force Concessions) Act 2009
State Revenue Legislation Further Amendment Act (No 2) 2009
State Revenue Legislation Amendment Act 2010
State Revenue Legislation Further Amendment Act 2010
Duties Amendment (First Home--New Home) Act 2011
State Revenue Legislation Amendment Act 2011
State Revenue Legislation Amendment Act 2012
Any Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

2 Application of sec 30 of Interpretation Act 1987

Except to the extent otherwise provided by this Schedule, nothing in this Schedule affects the application of section 30 of the Interpretation Act 1987 .

Part 2 - Provisions consequent on enactment of this Act

3 Instruments

This Act applies to instruments first executed on or after 1 July 1998, except as provided by this Schedule.

4 Provisions relating to Chapter 2 (Transactions concerning dutiable property)

(1) Dutiable transactions The duty charged by Chapter 2 is charged on dutiable transactions that occur on or after 1 July 1998, except as provided by this clause.
(2) Aggregation of dutiable transactions-- sec 25 Section 25 extends to dutiable transactions at least one of which occurred before 1 July 1998 and at least one of which occurred on or after 1 July 1998 if they occurred within 12 months and the other provisions of section 25 are satisfied.
(3) However, subclause (2) does not apply so as to aggregate transactions that occurred before 1 July 1998 and that would not have been aggregated under the law in force immediately before that date.
(4) Transfers back from a nominee--sec 56 Section 56 extends to--
(a) a transfer of dutiable property to a trustee, and
(b) the payment of duty on that transfer,
before 1 July 1998 if the transfer back to the transferor occurs on or after 1 July 1998.
(5) Property passing to beneficiaries--sec 57 Without limiting clause 13, the reference in section 57 (2) (a) (i) to duty charged by this Act includes a reference to duty charged by the Stamp Duties Act 1920 .
(6) Cancelled contracts--sec 50 Section 50 extends to an agreement that was entered into before 1 July 1998 and that was rescinded or annulled on or after that date.
(7) Break-up of marriages and de facto relationships--sec 68 Section 68 (4) extends to a payment of ad valorem duty made before 1 July 1998 under the Stamp Duties Act 1920 .

5 Provisions relating to Chapter 3 (Certain transactions treated as transfers)

(1) Acquisitions The duty that is charged by Chapter 3 is charged on an acquisition that occurs on or after 1 July 1998, except as provided by this clause.
(2) How duty is charged on relevant acquisitions--sec 118 In section 118--
(a) a reference to a period of 3 years is a reference to any such period ending on or after 1 July 1998, and
(b) a reference to duty paid under this Act includes a reference to duty paid under the Stamp Duties Act 1920 , and
(c) a reference to duty paid under that section includes a reference to duty paid under Division 30 of Part 3 of that Act.
(3) However, subclause (2) does not apply so as to aggregate interests that were acquired before 1 July 1998 and that would not have been aggregated under the law in force immediately before that date.

6 Provisions relating to Chapter 4 (Marketable securities--on-market transfers (Broker provisions))

(1) Imposition of duty The duty charged by Chapter 4 is charged on sales and transfers of marketable securities, and on associated transactions as referred to in section 145 (1) (d), that take place on or after 5 July 1998, except as provided by this clause.
(2) Additional duty on marketable securities held otherwise than for short terms--sec 155 Section 155 extends to purchases and sales made before 5 July 1998 if the liability to pay duty under that section arises on or after that date.

7 Provisions relating to Chapter 5 (Lease instruments)

(1) Lease instruments The duty charged by Chapter 5 is charged on a lease instrument that is first executed on or after 1 July 1998, except as provided by this clause.
(2) Variations of lease instruments The duty charged by Chapter 5 extends to a lease instrument that is first executed before 1 July 1998 and a variation of which on or after that date increases the cost of the lease.
(3) Reassessment of duty--early termination--sec 177 Section 177 extends to a lease instrument that is terminated on or after 1 July 1998 if duty in respect of the lease instrument was paid before 1 July 1998.
(4) Reassessment of duty--reduction of cost--sec 178 Section 178 extends to a lease instrument that is varied on or after 1 July 1998 so as to reduce the total cost of the lease if duty in respect of the lease instrument was paid before 1 July 1998.

8 Provisions relating to Chapter 6 (Hire of goods)

(1) Imposition of duty The duty charged by Chapter 6 is charged on a hire of goods that is entered into on or after 1 July 1998.
(2) Approved persons A person who, immediately before 1 July 1998, is an approved person under section 74F of the Stamp Duties Act 1920 is taken to be registered under Part 2 of Chapter 6.

9 Provision relating to Chapter 7 (Mortgages)

The duty charged by Chapter 7 is charged on a mortgage that is first executed on or after 1 July 1998.

Note : However, see the provisions consequent on the enactment of the State Revenue Legislation Amendment Act 2002 in Part 11.

10 Provisions relating to Chapter 8 (Insurance)

(1) Imposition of duty The duty charged by Chapter 8 is charged on--
(a) the amount of a premium paid in relation to a contract that effects general insurance, or
(b) a policy of life insurance or a life insurance rider,
if the contract, policy or life insurance rider is effected or renewed on or after 1 July 1998.
(2) Registered persons A person who, immediately before 1 July 1998, is a registered person under section 88A of the Stamp Duties Act 1920 is taken to be registered under Part 3 of Chapter 8.
(3) Undertakings given by certain persons A person in respect of whom an undertaking has effect under section 88E of the Stamp Duties Act 1920 immediately before 1 July 1998 is taken to have an approval under Division 2 of Part 6 of the Taxation Administration Act 1996 .

11 Provision relating to Chapter 9 (Motor vehicle registration)

The duty charged by Chapter 9 is charged on--

(a) an application to register a motor vehicle made on or after 1 July 1998, and
(b) an application to register a motor vehicle made before 1 July 1998 in respect of which a certificate of registration is issued on or after that date.

12 Provision relating to Chapter 12 (Miscellaneous)

Section 293 extends to an application for a refund of duty that was paid under the Stamp Duties Act 1920 before 1 July 1998.

13 Duty paid under the Stamp Duties Act 1920

If an assessment or reassessment of duty under this Act is required to take into consideration another amount of duty paid, a reference in this Act to duty includes a reference to duty within the meaning of the Stamp Duties Act 1920 that has been paid in accordance with the provisions of that Act.

14 Stamping under the Stamp Duties Act 1920

An instrument is duly stamped for the purposes of this Act if, immediately before 1 July 1998, it was duly stamped for the purposes of the Stamp Duties Act 1920 .

15 Exemptions from duty under the Stamp Duties Act 1920

If, by a provision of an Act other than the Stamp Duties Act 1920 , a transaction or instrument was not chargeable with stamp duty under the Stamp Duties Act 1920 immediately before 1 July 1998, the transaction or instrument is not chargeable with duty under this Act, unless the contrary intention appears.

Part 3 - Provisions consequent on enactment of Property (Relationships) Legislation Amendment Act 1999

16 Saving of certain transactions and acquisitions

An amendment made to this Act by the Property (Relationships) Legislation Amendment Act 1999 does not apply to or in respect of a transaction entered into, or an interest acquired, before the amendment took effect.

Part 4 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 1999

17 Managed investment schemes--novation of contracts

(1) This clause applies to a transaction entered into or an instrument executed by a responsible entity to replace a transaction entered into or an instrument executed by a body holding the office of trustee or representative and management company who has retired from that office to enable an undertaking to become a managed investment scheme.
(2) This clause applies only to transactions that occur and instruments that are executed in relation to a managed investment scheme after the commencement of Chapter 5C of the Corporations Law and--
(a) within the period of 2 years starting on that commencement, or
(b) before the date on which the scheme became a registered scheme within the meaning of Division 11 of Part 11.2 of the Corporations Law (as continued in effect by section 1408 of the Corporations Act 2001 of the Commonwealth),
whichever first occurs.
(3) Despite the other provisions of this Act, a transaction or instrument to which this clause applies is chargeable with duty in accordance with this clause.
(4) The amount of duty chargeable in respect of the transaction or instrument is--
(a) the amount of duty that would be chargeable in respect of the transaction or instrument but for this clause, less the amount of duty paid (under this Act or the Stamp Duties Act 1920 ) in relation to the transaction or instrument that is being replaced, or
(b) $10,
whichever is the greater.

18 Managed investment schemes--transactions entered into by custodians

(1) This clause applies to a transaction entered into or an instrument executed by a custodian of a responsible entity, or by a custodian of a responsible entity and the responsible entity, to replace a transaction entered into or an instrument executed by a body holding the office of trustee or representative and management company who has retired from that office to enable an undertaking to become a managed investment scheme.
(2) This clause applies only to transactions that occur and instruments that are executed in relation to a managed investment scheme on or after 1 July 1999 and before--
(a) 1 July 2000, or
(b) the date on which the scheme became a registered scheme within the meaning of Division 11 of Part 11.2 of the Corporations Law (as continued in effect by section 1408 of the Corporations Act 2001 of the Commonwealth),
whichever first occurs.
(3) Despite the other provisions of this Act, a transaction or instrument to which this clause applies is chargeable with duty in accordance with this clause.
(4) The amount of duty chargeable in respect of the transaction or instrument is--
(a) the amount of duty that would be chargeable in respect of the transaction or instrument but for this clause, less the amount of duty paid (under this Act or the Stamp Duties Act 1920 ) in relation to the transaction or instrument that is being replaced, or
(b) $10,
whichever is the greater.

Part 5 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 1999

19 "Off the plan" purchases

(1) Section 49A, as in force immediately before 1 January 2000, continues to apply in respect of any off the plan purchase agreement that was stamped "interim stamp only" under that section before that date.
(2) Section 49A, as substituted by the State Revenue Legislation Further Amendment Act 1999 , extends to any off the plan purchase agreement executed before 1 January 2000 in respect of which no duty had been paid by that date.

Part 6 - Provisions consequent on enactment of Intergovernmental Agreement Implementation (GST) Act 2000

20 Application of Act to transfers and agreements before 1 July 2001

(1) This Act, as in force immediately before 1 July 2001, continues to apply in respect of a transaction involving marketable securities that occurred before 1 July 2001 as if this Act had not been amended by the Intergovernmental Agreement Implementation (GST) Act 2000 .
(2) In particular--
(a) until 1 July 2001, a marketable security that is quoted on the Australian Stock Exchange or a recognised stock exchange continues to be dutiable property and Chapter 2 of this Act, as in force immediately before 1 July 2001, continues to apply to a dutiable transaction involving such a marketable security that occurred before 1 July 2001, and
(b) Chapter 4 of this Act, as in force immediately before 1 July 2001, continues to apply to a sale or purchase of marketable securities, or an associated transaction with a broker in New South Wales, that was effected before 1 July 2001 in the same way as it applied before the repeal of that Chapter by the Intergovernmental Agreement Implementation (GST) Act 2000 .
(3) However, section 48 (1), as in force immediately before its repeal by the Intergovernmental Agreement Implementation (GST) Act 2000 , does not apply in respect of an instrument of transfer, or an agreement for the transfer of marketable securities, that is not completed by an SCH-regulated transfer before 1 July 2001.

Part 7 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2000

21 Insurance duty

The amendments made to section 234 (1) by the State Revenue Legislation Amendment Act 2000 have effect only in relation to premiums paid on or after 23 May 2000 for contracts of insurance and renewals of contracts of insurance that take effect after 1 October 2000.

Part 8 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2001

22 Transfers between trustees and custodians of superannuation funds or trusts

The amendments made to section 62 by the State Revenue Legislation Amendment Act 2001 apply to transactions that occur on or after the date of commencement of those amendments.

23 Changes to "First Home Plus" scheme

The amendments made to Part 8 by the State Revenue Legislation Amendment Act 2001 apply to transactions that occur and instruments that are executed on or after the date of commencement of those amendments.

Part 9 - Provisions consequent on enactment of State Revenue Legislation Further Amendment (No 2) Act 2001

24 Financial agreements

A reference in section 65 (11), 68 (1) (b) (i), 119 (1) (e) (i) or 267 (6) (a) to a financial agreement made under section 90B, 90C or 90D of the Family Law Act 1975 of the Commonwealth extends to a financial agreement made under any of those provisions of the Family Law Act 1975 of the Commonwealth before the date of assent to the State Revenue Legislation Further Amendment (No 2) Act 2001 .

25 Transfers to index trusts

(1) For the purposes of section 66 (9) of this Act, as in force immediately before its repeal by the Intergovernmental Agreement Implementation (GST) Act 2000 on 1 July 2001, the definition of
"index trust" , as set out in the Dictionary to this Act immediately before 1 July 2001, is taken to have included the following bodies, on and from the date specified below in relation to the body concerned--
(a) Index Shares Fund--2 March 2001,
(b) streetTRACKS50 exchange traded fund--1 April 2001,
(c) Barclays Australian Listed Property Index Fund--3 May 2001.
(2) Accordingly, the exemption formerly provided for by section 66 (9) is taken to have extended to those bodies on and from the date specified in relation to the body concerned in subclause (1).
Note : The exemption related to transfers of marketable securities to an index trust in exchange for units in the trust. The exemption was repealed as a consequence of the abolition of duty on transfers of quoted marketable securities.
(3) Anything done by or on behalf of the Chief Commissioner before the commencement of this clause, that would have been validly done had this clause been in force at the time that it was done, is validated.

26 Abolition of use of adhesive stamps

(1) A licence issued under section 291, before its repeal by the State Revenue Legislation Further Amendment (No 2) Act 2001 , is taken to be cancelled on the repeal of that section, unless sooner cancelled by the Chief Commissioner.
(2) A person must not sell or deal in adhesive stamps issued by or on behalf of the Chief Commissioner for use under section 290.
: Maximum penalty--100 penalty units.
(3) Subclause (2) takes effect on 1 January 2002.

Part 10 - Provisions consequent on enactment of State Revenue Legislation Amendment (Budget) Act 2002

27 Insurance duty

(1) Sections 233 and 234 as substituted by the State Revenue Legislation Amendment (Budget) Act 2002 have effect only in relation to premiums paid on or after 4 June 2002 for contracts of insurance and renewals of contracts of insurance that take effect on or after 1 August 2002.
(2) Despite section 253, the Chief Commissioner may, having regard to the substitution of sections 233 and 234 by the State Revenue Legislation Amendment (Budget) Act 2002 , determine the categories of premiums to be shown in the form of a return required to be lodged under that section on or before 21 June 2002 or a subsequent month.

Part 11 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2002

28 Definitions

In this Part--

"amending Act" means the State Revenue Legislation Amendment Act 2002 .

"amendment date" means the date of commencement of Schedule 1 [23] to the amending Act.

29 Application of section 50A

Section 50A, as inserted by the amending Act, applies only in respect of a transfer of dutiable property that is effected by a written instrument first executed on or after the commencement of that section.

30 Application of mortgage duty amendments

(1) Subject to clause 9, an amendment to Chapter 7 made by the amending Act extends to any mortgage (within the meaning of section 205, as amended by the amending Act) first executed before the commencement of the amendment if an advance or further advance is made (as referred to in section 210) in respect of the mortgage (or a mortgage package that includes that mortgage) on or after the commencement of the amendment.
(2) Nothing in this clause makes duty chargeable in respect of a mortgage referred to in section 225 (2) or 226 (2) (c) on the making of an advance or further advance, if the mortgage was first executed before 1 January 1999.

31 Mortgage duty provisions extend to some pre-1 July 1998 securities

(1) Despite clause 9, the duty charged by Chapter 7 is also charged on a security by way of a mortgage or charge first executed on or after 1 January 1975 and before 1 July 1998 that, if it had been first executed on or after the amendment date, would be a mortgage (within the meaning of section 205), but only as provided for by this clause.
(2) A mortgage or charge referred to in subclause (1) becomes liable to duty under Chapter 7 on the making of an advance or further advance as referred to in section 210, if the advance or further advance is made on or after the amendment date.
Note : The Stamp Duties Act 1920 provides that that Act does not apply in respect of any such further advances.
(3) The amount of duty chargeable in respect of any such advance is to be determined as if references in that Chapter to duty, in relation to the mortgage or charge, include references to duty charged under the Stamp Duties Act 1920 .
(4) Nothing in this clause makes duty chargeable in respect of--
(a) a mortgage referred to in section 225 (2) or 226 (2) (c), or
(b) an advance of a kind referred to in section 206 (b), that is secured by a mortgage or charge first executed before 23 November 1994, or
(c) a contingent liability of a kind referred to in section 215 secured by a mortgage or charge first executed before 1 January 1991.

32 Saving of orders under section 308

Any order made under section 308 (1) and in force immediately before section 308 was replaced by the amending Act is taken, on that replacement, to have been made under section 308 (3).

Part 12 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2003

33 Changes to section 226

The imposition, payment and recovery of duty under this Act before the date of assent to the State Revenue Legislation Amendment Act 2003 is taken to have been validly done to the extent that it would have been validly done had that Act been in force at the time that it was done.

Part 13 - Provisions consequent on enactment of Duties Amendment (Land Rich) Act 2003

34 Meaning of "commencement date"

In this Part,
"commencement date" means the date on which Part 2 of Chapter 3, as substituted by the Duties Amendment (Land Rich) Act 2003 , commenced.

35 Acquisition of interests in private unit trust schemes

(1) This clause applies only to landholders that are private unit trust schemes.
(2) Words and expressions used in this clause have the same meanings as in Part 2 of Chapter 3.
(3) If--
(a) a person who made an acquisition in a landholder before the commencement date makes a relevant acquisition in the landholder after the commencement date, and
(b) the aggregation of the relevant interests would entitle the person, in the event of the distribution of all the property of the landholder immediately after the later or latest acquisition was made, to 20% or more of the property distributed but less than 50% of that property,
duty is chargeable under section 118 only in respect of the relevant acquisition that occurred after the commencement date.

36 Exempt acquisitions

An acquisition by a person before the commencement date of an interest in--

(a) a private unit trust scheme, or
(b) a wholesale unit trust scheme,
that was a public unit trust scheme immediately before the commencement date is an exempt acquisition.

Part 14 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2003

37 Collateral mortgages

Section 218B, as amended by the State Revenue Legislation Further Amendment Act 2003 , extends to a mortgage on which minimum duty of $10 was paid before the commencement of the amendments if an advance or a further advance is made after that commencement as referred to in section 218B (1A).

Part 15 - State Revenue Legislation Amendment Act 2004--provisions consequent on changes to First Home Plus

38 Application of changes to scheme

(1) Division 1 of Part 8 of Chapter 2, and section 221, as in force immediately before 4 April 2004, continue to apply in respect of the following transactions or instruments--
(a) agreements for sale or transfer entered into on or after 1 July 2000 but before 4 April 2004,
(b) transfers that occur on or after 1 July 2000 but before 4 April 2004,
(c) transfers that occur on or after 4 April 2004 that are made in conformity with an agreement for sale or transfer referred to in paragraph (a),
(d) mortgages over land the subject of those agreements or transfers.
(2) Sections 71, 73 and 76, as in force immediately before 4 April 2004, continue to apply in respect of the following transactions or instruments--
(a) agreements for sale or transfer entered into on or after 4 April 2004 but before 1 July 2004,
(b) transfers that occur on or after 4 April 2004 but before 1 July 2004,
(c) transfers that occur on or after 4 April 2004 that are made in conformity with an agreement for sale or transfer referred to in paragraph (a),
(d) mortgages over land the subject of those agreements or transfers.
(3) Section 76A, as inserted by the State Revenue Legislation Amendment Act 2004 , does not apply in respect of a transaction or instrument referred to in subclause (2).

Part 16 - State Revenue Legislation Amendment Act 2004--provisions consequent on amendments relating to premium property duty

39 Application of amendments

(1) Sections 32A- 32C, as inserted by the State Revenue Legislation Amendment Act 2004 , apply in respect of any liability for duty charged by Chapter 2 that arises on or after the commencement of Schedule 3 to that Act.
Note : See section 12. Liability for duty on a transfer of dutiable property effected by a written instrument arises when the instrument is first executed.
(2) The amendments made to sections 96, 97 and 98 by Schedule 3 to the State Revenue Legislation Amendment Act 2004 do not apply in respect of the year ending on 31 December 2004.
(3) Sections 32A- 32C do not apply in respect of a dutiable transaction that results from the exercise of an option for the sale or purchase of dutiable property, if the option was granted before 7 May 2004.
(4) The imposition, payment and recovery of duty under this Act before the commencement of subclause (3) is taken to have been validly done to the extent that it would have been validly done had subclause (3) been in force at the time that it was done.

Part 17 - State Revenue Legislation Amendment Act 2004--provisions consequent on introduction of vendor duty

40 Application of vendor duty

(1) The duty charged by Chapter 4, as inserted by the State Revenue Legislation Amendment Act 2004 , is charged on vendor duty transactions that occur on or after the commencement of Schedule 4 to that Act, except as provided by this Part.
(2) It does not matter that the vendor acquired an equitable or legal interest in the land-related property the subject of the vendor duty transaction before that commencement.
(3) Vendor duty is not chargeable in respect of a transfer of land-related property made in conformity with an agreement for sale or transfer of the land-related property first executed before the commencement of Schedule 4 to the State Revenue Legislation Amendment Act 2004 .
(4) Vendor duty is not chargeable in respect of a vendor duty transaction that results from the exercise of an option for the sale or purchase of land-related property, if the option was granted before the date the Bill for the State Revenue Legislation Amendment Act 2004 was introduced in the Legislative Assembly.
(5) Section 25, insofar as it allows the aggregation of vendor duty transactions for the purpose of Chapter 4, does not apply to a vendor duty transaction that occurred before the commencement of Schedule 4 to the State Revenue Legislation Amendment Act 2004 .
Note : See Part 2 of Chapter 4, which allows vendor duty transactions to be aggregated under that Chapter in the same manner as they can be aggregated under Chapter 2.

41 Application of exemptions from vendor duty

(1) A reference in Chapter 4 and Schedule 2 to the use or occupation of a building or land extends to any use or occupation occurring before the commencement of that Chapter (as inserted by the State Revenue Legislation Amendment Act 2004 ).
(2) A reference in Chapter 4 to any works carried out by or on behalf of the vendor in respect of a vendor duty transaction extends to works carried out by or on behalf of the vendor before the commencement of that Chapter (as inserted by the State Revenue Legislation Amendment Act 2004 ).
(3) A reference in Division 4 of Part 5 of Chapter 4 to the completion of construction of a new building or a substantially new building is, if construction was completed within 12 months before the commencement of Chapter 4, taken to be a reference to the date of commencement of Chapter 4 (as inserted by the State Revenue Legislation Amendment Act 2004 ).
(4) A reference in clause 6 of Schedule 2, as inserted by the State Revenue Legislation Amendment Act 2004 , to the date of the death of a deceased person is, if the person died before the commencement of that Schedule, taken to be a reference to the date of commencement of that Schedule.
(5) The occupation by a vendor of land to which a vendor duty transaction applies as his or her principal place of residence that ceased not more than 6 months before 1 June 2004 is, for the purposes of the application of clause 4 of Schedule 2 in respect of the transaction, to be treated as having ceased immediately before 1 June 2004.
(6) If the vendor in respect of a vendor duty transaction is the legal personal representative of a deceased person, or a beneficiary under a will of a deceased person or on the intestacy of a deceased person, and the grant of probate or letters of administration occurred before 1 June 2004, clause 6 of Schedule 2 applies in respect of the transaction as if the grant of probate or letters of administration had occurred on 1 June 2004.

Part 18 - Provisions consequent on miscellaneous amendments made by State Revenue Legislation Amendment Act 2004

42 Exemption for lease instruments

(1) Section 179 (5), as inserted by the State Revenue Legislation Amendment Act 2004 , is taken to have effect as if it had commenced on 1 January 2004.
(2) A lease instrument first executed on or after 1 January 2004 and before the date of assent to the State Revenue Legislation Amendment Act 2004 in respect of which duty is chargeable because of section 179 (5) is taken (if the duty has not already been paid) to become liable to such duty on the date of assent to that Act (despite section 169 (1)).
(3) The imposition, payment and recovery of duty under this Act before the date of assent to the State Revenue Legislation Amendment Act 2004 is taken to have been validly done to the extent that it would have been validly done had section 179 (5) been in force at the time that it was done.

Part 19 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2004

43 Amendments operate from 1 June 2004

(1) An amendment to this Act made by the State Revenue Legislation Further Amendment Act 2004 , except an amendment referred to in section 2 (2) of that Act, is taken to have effect as if it had commenced on 1 June 2004.
(2) A vendor duty transaction that occurred on or after 1 June 2004 in respect of which vendor duty is chargeable because of the amendments made to this Act by the State Revenue Legislation Further Amendment Act 2004 is taken (if the vendor duty has not already been paid) to become chargeable with that duty on the date of assent to that Act.
(3) The imposition, payment and recovery of duty under this Act before the date of assent to the State Revenue Legislation Further Amendment Act 2004 is taken to have been validly done to the extent that it would have been validly done had the amendments made by that Act been in force at the time it was done.

Part 20 - Provisions consequent on enactment of Duties Amendment (Land Rich) Act 2004

44 Definition

In this Part--

"amending Act" means the Duties Amendment (Land Rich) Act 2004 .

45 Application of land rich acquisition and disposal provisions

(1) The duty charged by Chapter 4A, as inserted by the amending Act, is charged on an acquisition or disposal of an interest in a landholder (within the meaning of that Chapter) if the acquisition or disposal is made on or after the commencement of Schedule 1 to that Act, subject to this clause.
(2) Duty under Part 3 of Chapter 4A is not chargeable on a disposal of an interest in a landholder if the disposal is made pursuant to an agreement entered into before 7 May 2004.
(3) Despite Part 3 of Chapter 4A, a liability for duty in respect of a relevant disposal made on or after the commencement of Schedule 1 to the amending Act but before the date of assent to that Act arises on the date of assent to the amending Act. Accordingly, the 3-month period referred to in section 163Q starts on the date of assent to the amending Act.
(4) The period of 3 years referred to in sections 163N (2) and 163P (2) (d) is taken to exclude any part of that period that occurred before the commencement of Schedule 1 to the amending Act.

46 Continuation of obligations under Part 2 of Chapter 3

(1) Part 2 of Chapter 3, as in force immediately before the commencement of Schedule 1 to the amending Act, continues to apply in respect of any acquisition of an interest in a landholder made before that commencement, as if the amending Act had not been enacted.
(2) In relation to acquisitions made on or after the commencement of Schedule 1 to the amending Act, clause 35 applies as if a reference to Part 2 of Chapter 3 or section 118 included a reference to Chapter 4A or section 163K respectively.

47 Wholesale unit trust schemes

(1) A unit trust scheme that is a wholesale unit trust scheme, within the meaning of the former wholesale unit trust scheme definition, is taken to be wholesale unit trust scheme for the purposes of Chapter 4A.
(2) Subclause (1) ceases to apply in respect of a unit trust scheme--
(a) at the end of the transitional period, or
(b) on the actual registration of the unit trust scheme as a wholesale unit trust scheme under Chapter 4A, or
(c) on the unit trust scheme becoming a listed trust or widely held trust,
whichever happens first.
(3) For the purposes of this clause, the
"transitional period" means the period commencing on the commencement of Schedule 1 to the amending Act and ending at the end of--
(a) 30 June 2005, or
(b) such later date as may be fixed by the Chief Commissioner, by order published in the Gazette.
(4) In this clause--

"former wholesale unit trust scheme definition" means paragraph (a) of the definition of
"wholesale unit trust scheme" as in force under this Act immediately before the commencement of Schedule 1 to the amending Act.

48 Imminent public unit trust schemes and imminent wholesale unit trust schemes

(1) A unit trust scheme that, immediately before the commencement of Schedule 1 to the amending Act, was a public unit trust scheme or a wholesale unit trust scheme as a consequence of the Chief Commissioner giving notice under the former concessionary provisions, is taken to be registered as an imminent public unit trust scheme, or an imminent wholesale unit trust scheme, respectively, under Chapter 4A.
(2) Subclause (1) ceases to apply in respect of a unit trust scheme--
(a) at the end of the period of 12 months after the commencement of this clause, or
(b) on the occurrence of a disqualifying circumstance (within the meaning of section 124, as in force before the commencement of Schedule 1 to the amending Act) in respect of the unit trust scheme, or
(c) on the actual registration of the unit trust scheme as an imminent public unit trust scheme, wholesale unit trust scheme or an imminent wholesale unit trust scheme under Chapter 4A, or
(d) on the unit trust scheme becoming a listed trust or widely held trust,
whichever happens first.
(3) Section 124, as in force before the commencement of Schedule 1 to the amending Act, continues to apply in respect of a unit trust scheme that, immediately before the commencement of Schedule 1 to the amending Act, was a public unit trust scheme or a wholesale unit trust scheme as a consequence of the Chief Commissioner giving notice under the former concessionary provisions.
(4) In this clause--

"former concessionary provisions" means the provisions of paragraph (c) of the definition of
"public unit trust scheme" , and paragraph (b) of the definition of
"wholesale unit trust scheme" , as in force immediately before the commencement of Schedule 1 to the amending Act.

Part 21 - Provisions consequent on enactment of State Revenue Legislation Amendment (Budget Measures) Act 2005

49 Changes to vendor duty and land rich disposal concessions

(1) The amendments made by the State Revenue Legislation Amendment (Budget Measures) Act 2005 to sections 162M and 163ZL are taken to have effect as if they had commenced on the date on which the Bill for the State Revenue Legislation Amendment (Budget Measures) Act 2005 was introduced in the Legislative Assembly (the
"effective date" ).
(2) Accordingly, section 162M (6) applies in respect of any vendor duty transaction that occurs on or after the effective date and section 163ZL (3) and (4) apply in respect of any relevant disposal that is made on or after the effective date.
(3) If a vendor duty transaction or relevant disposal that occurred or was made before the date of assent to the State Revenue Legislation Amendment (Budget Measures) Act 2005 becomes chargeable with duty or additional duty as a result of the amendments made by that Act to sections 162M and 163ZL, the vendor duty transaction or relevant disposal is taken (if the duty or additional duty has not already been paid) to become chargeable with that duty or additional duty on the date of assent to that Act.
(4) In section 162M, as amended by the State Revenue Legislation Amendment (Budget Measures) Act 2005 --
(a) a reference to an ad valorem duty transaction includes an ad valorem duty transaction that occurred before the effective date, and
(b) a reference to Chapter 2 of this Act includes a reference to any corresponding provisions of the Stamp Duties Act 1920 that have been repealed.

50 Mortgage duty--refinancing

(1) The amendments made to section 220 by the State Revenue Legislation Amendment (Budget Measures) Act 2005 apply to any refinancing mortgage (within the meaning of section 220) that is first executed on or after 1 August 2005, regardless of when the earlier mortgage that is discharged or to be discharged as part of the arrangements relating to the refinancing mortgage was first executed.
(2) Section 227A, as inserted by the State Revenue Legislation Amendment (Budget Measures) Act 2005 , applies to any mortgage transferred on or after 1 August 2005, regardless of when it was first executed.

51 Insurance duty

(1) The amendments made to Chapter 8 by the State Revenue Legislation Amendment (Budget Measures) Act 2005 have effect only in relation to premiums paid on or after the date of assent to that Act for contracts of insurance and renewals of contracts of insurance that take effect on or after 1 September 2005.
(2) Despite section 253, the Chief Commissioner may, having regard to the amendments made to Chapter 8 by the State Revenue Legislation Amendment (Budget Measures) Act 2005 , determine the categories of premiums to be shown in a form of a return required to be lodged under that section on or before 21 August 2005 or a subsequent month.

Part 22 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2005

52 Amendment to section 100 to have effect from 31 December 2004

(1) The amendment made to section 100 of this Act by the State Revenue Legislation Amendment Act 2005 has effect as if it had commenced on 31 December 2004.
(2) Anything done or omitted to be done on or after 31 December 2004 and before the date of assent to the State Revenue Legislation Amendment Act 2005 , that would have been validly done or omitted if that amendment had been in force at the time that it was done or omitted, is taken to have been validly done or omitted.

53 Changes to vendor duty concession

(1) The amendments made by the State Revenue Legislation Amendment Act 2005 to section 162M are taken to have effect as if they had commenced on the date on which the Bill for the State Revenue Legislation Amendment Act 2005 was introduced in the Legislative Assembly (the
"effective date" ).
(2) Accordingly, section 162M (6A) applies in respect of any vendor duty transaction that occurs on or after the effective date.
(3) If a vendor duty transaction that occurred before the relevant date of assent becomes chargeable with duty or additional duty as a result of the amendments made by that Act to section 162M, the vendor duty transaction is taken (if the duty or additional duty has not already been paid) to become chargeable with that duty or additional duty on the relevant date of assent.
(4) For the purposes of this clause, the
"relevant date of assent" is the following--
(a) the date of assent to the State Revenue Legislation Amendment Act 2005 , unless paragraph (b) applies,
(b) if the State Revenue Legislation Amendment (Budget Measures) Act 2005 is assented to after the date of assent to the State Revenue Legislation Amendment Act 2005 , the date of assent to the State Revenue Legislation Amendment (Budget Measures) Act 2005 .
(5) In section 162M, as amended by the State Revenue Legislation Amendment Act 2005 --
(a) a reference to an ad valorem duty transaction includes an ad valorem duty transaction that occurred before the effective date, and
(b) a reference to Chapter 2 of this Act includes a reference to any corresponding provisions of the Stamp Duties Act 1920 that have been repealed.

Part 23 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2005

54 Definition

In this Part--

"amending Act" means the State Revenue Legislation Further Amendment Act 2005 .

55 Changes to eligibility for First Home Plus

The amendment to section 73 made by the amending Act applies to applications under the First Home Plus scheme that are made on or after the commencement of the amendment.

56 Stamping before advance: section 218

(1) The amendment to section 218 made by the amending Act applies to any mortgage stamped on or after the introduction date, regardless of when the mortgage was first executed.
(2) If a mortgage is stamped on or after the introduction date, and before the date of assent to the amending Act, for an amount exceeding the amount for which it may be stamped under section 218, as amended by the amending Act, it is taken to be duly stamped, but only for an amount of an advance secured by the mortgage that does not exceed the value of the property affected by the mortgage at the date of the referable point.
(3) If a mortgage stamped before the date of assent to the amending Act becomes chargeable with duty, or additional duty, under Chapter 7 as a consequence of the amendment made to section 218 by the amending Act or this clause, the liability to pay the duty is taken, for the purposes of section 209, to arise on the date of assent to that Act.
(4) In this clause--

"introduction date" means the date the Bill for the amending Act was introduced into the Legislative Assembly.

57 Closure of debenture concession

(1) Section 226 (3B), as in force immediately before its substitution by the amending Act, continues to apply in respect of an advance or further advance referred to in that subsection that was made before the debenture concession closure date. Accordingly, section 226, as in force immediately before the debenture concession closure date, continues to have effect in relation to those advances or further advances.
(2) Any liability to pay duty, or additional duty, under Chapter 7 that arises under section 226 (as amended by the amending Act) because of the making of an advance or further advance on or after the debenture concession closure date but before the date of assent to the amending Act, being a liability that would not arise but for the amendments made to that section by that Act, is taken, for the purposes of section 209, to arise on the date of assent to that Act.
(3) In this clause--

"debenture concession closure date" means the date the Bill for the amending Act was introduced into the Legislative Assembly.

Part 24 - Provisions consequent on the enactment of the Duties Amendment (Abolition of State Taxes) Act 2006

58 Abolition of duty on leases

(1) The abolition of duty on lease instruments (effective 1 January 2008) does not affect any obligation to pay duty under Chapter 5 in respect of a lease instrument executed before 1 January 2008 and that Chapter continues to apply in respect of such an instrument.
(2) Sections 169 (2) and 178 do not apply to or in respect of a variation of a lease instrument referred to in subclause (1) if the variation is made on or after 1 January 2008.
(3) If any lease executed before 1 January 2008 has any unascertainable cost components for which there is an estimate date on or after 1 January 2008--
(a) the Chief Commissioner must, on the first of those estimate dates to occur on or after 1 January 2008 (the
"final estimate date" ), make a final estimate of the cost of the lease, and
(b) the lease instrument is chargeable with duty under this Act as if that final estimate were the full cost of the lease, and
(c) no further estimates of the cost of the lease are to be made (despite section 173 (5)).
(4) Section 173 (6) applies only to the final estimate date or an estimate date that occurs before the final estimate date.
(5) Section 173 (7) and (8) do not apply in respect of any period after the final estimate date.
(6) For the purposes of this clause,
"estimate date" means any of the estimate dates for a lease determined under section 173 (5).

59 Duty on lease premiums

(1) The amendments to sections 8 and 9 made by the Duties Amendment (Abolition of State Taxes) Act 2006 (relating to leases) apply only in respect of leases that are first executed on or after 1 July 2006.
(2) Sections 170 (2) and 179 (5), as in force immediately before their repeal by the Duties Amendment (Abolition of State Taxes) Act 2006 , continue to apply in respect of lease instruments executed before the repeal of those provisions.

60 Changes to mortgage duty provisions

(1) The mortgage duty amendments do not apply to a mortgage or instrument of security first executed before 1 July 2006 unless an advance or further advance is made in respect of the mortgage or instrument on or after that date (and in such a case apply in respect of the advance or further advance).
(2) If the amount secured by a mortgage executed before 1 July 2006 is a definite and limited sum, but the amount of advances actually secured by the mortgage immediately before 1 July 2006 was less than the definite and limited sum, section 214, as inserted by the mortgage duty amendments, and not section 213, applies in respect of any advance or further advance made after 1 July 2006 which does not result in the total amount of advances actually secured by the mortgage exceeding that definite and limited sum. This subclause extends to a mortgage to which section 226 applies.
(3) A reference in section 213 or 214, as inserted by the mortgage duty amendments, to an amount on which duty has been paid under section 213 or 214 extends to an amount on which duty has been paid under Chapter 7 as in force immediately before 1 July 2006.
(4) Section 213 (3), as inserted by the mortgage duty amendments, extends to a variation to a mortgage made on or after 1 July 2006 in respect of a mortgage first executed before that date.
(5) For the purposes of this clause,
"the mortgage duty amendments" means Schedule 1 [26], [27] and [31]-[41] to the Duties Amendment (Abolition of State Taxes) Act 2006 .

61 Abolition of duty on hire of goods--commercial hire businesses

(1) The repeal of Chapter 6 (effective 1 July 2007) by the Duties Amendment (Abolition of State Taxes) Act 2006 does not affect any obligation to pay duty under Part 2 of that Chapter in respect of hiring charges received in any month before July 2007 and, for that purpose, that Part is taken to continue to apply in respect of such hiring charges.
(2) In particular, section 199, as in force immediately before its repeal by the Duties Amendment (Abolition of State Taxes) Act 2006 , is taken to continue to apply to a commercial hire business, so that, after the repeal of that section--
(a) a commercial hire business continues to be required to lodge a return in accordance with that section (but only in respect of the months before July 2007), and
(b) a commercial hire business may request a reassessment of duty under section 199 (6).

62 Abolition of duty on hire of goods--other persons

(1) The repeal of Chapter 6 (effective 1 July 2007) by the Duties Amendment (Abolition of State Taxes) Act 2006 does not affect any obligation to pay duty under Part 3 of that Chapter in respect of a hire of goods entered into before 1 July 2007.
(2) For that purpose, Part 3 of that Chapter is taken to continue to apply to a hire of goods entered into before 1 July 2007, but only if the first, or only, payment of hiring charges is paid, or becomes payable, before that date. Accordingly, if the first payment of hiring charges is paid, or become payable, before 1 July 2007, no refund of duty is payable in respect of any part of the hiring charges that is paid or becomes payable on or after 1 July 2007.
(3) Subclause (2) does not prevent a reassessment of duty being made under section 199 (6) (as in force immediately before its repeal).

Part 25 - Provisions consequent on enactment of State Revenue Legislation Amendment (Tax Concessions) Act 2006

63 Transactions involving put and call options

The amendments made to Part 2 of Chapter 3 by the State Revenue Legislation Amendment (Tax Concessions) Act 2006 do not operate to impose duty on a call option assignment (within the meaning of that Part) that would not, immediately before the commencement of those amendments, have been chargeable with duty if the call option or put option to which the assignment relates was granted before the commencement of those amendments.

Part 26 - Provisions consequent on enactment of Duties Amendment (First Home Plus One) Act 2007

64 Application of shared equity concession

(1) The First Home Plus amendments apply in respect of the following--
(a) agreements for sale or transfer entered into on or after 1 May 2007,
(b) transfers that occur on or after 1 May 2007 (except where made in conformity with an agreement for sale or transfer entered into before 1 May 2007),
(c) mortgages over land the subject of those agreements or transfers.
(2) Accordingly, a shared equity concession under Subdivision 1 of Division 1 of Part 8 of Chapter 2 applies only in respect of the agreements, transfers and mortgages referred to in subclause (1), despite section 70.
(3) Anything done or omitted to be done on or after 1 May 2007 and before the date of assent to the Duties Amendment (First Home Plus One) Act 2007 that would have been validly done or omitted if the First Home Plus amendments had been in force at the time that it was done or omitted is taken to have been validly done or omitted.
(4) For the purposes of this clause, the
"First Home Plus amendments" means the amendments made to Subdivision 1 of Division 1 of Part 8 of Chapter 2 by the Duties Amendment (First Home Plus One) Act 2007 .

Part 27 - Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget) Act 2007

65 Changes to mortgage duty provisions

(1) An exemption provision does not apply to a mortgage or instrument of security first executed before the effective date of the exemption provision unless an advance or further advance is made in respect of the mortgage or instrument on or after that effective date (and in such a case the exemption provision applies only in respect of the advance or further advance).
(2) For the purposes of this clause--

"effective date" of an exemption provision means the date on and from which the exemption provided for by the exemption provision takes effect, as set out in the exemption provision.

"exemption provision" means section 221B or 221C, as inserted by the State Revenue and Other Legislation Amendment (Budget) Act 2007 .

Part 28 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2008

66 Repeal of vendor duty and other obsolete provisions

An amendment made to this Act by the State Revenue Legislation Amendment Act 2008 does not affect any liability for duty under this Act that arose before the commencement of that amendment, and this Act, as in force before that amendment, continues to have effect in respect of any such liability.

67 Repeal of Stamp Duties Act 1920

(1) The repeal of the Stamp Duties Act 1920 by the State Revenue Legislation Amendment Act 2008 does not affect any liability for duty that arose before that repeal, and that Act, as in force immediately before that repeal, continues to have effect in respect of any such liability, subject to this clause.
(2) If, immediately before the repeal of the Stamp Duties Act 1920 , a lease to which section 78D of that Act applies has one or more redetermination dates that have not yet occurred--
(a) the Chief Commissioner must, on the first redetermination date to occur on or after the repeal of the Stamp Duties Act 1920 (the
"final redetermination date" ), make a final estimate of the total rent payable for the term of the lease, and
(b) the lease is chargeable with duty under that Act as if that final estimate were the total rent payable for the term of the lease, and
(c) section 78D (2) (e) of the Stamp Duties Act 1920 applies in respect of that redetermination, and
(d) no further redetermination of the duty payable in respect of the lease is to be made.
(3) For the purposes of this clause, a
"redetermination date" means a date on which the Chief Commissioner is required under section 78D of the Stamp Duties Act 1920 , as in force immediately before its repeal, to make a redetermination of the duty payable in respect of a lease (or would have been required to do so if that Act had not been repealed).
(4) Section 78D (2) (c) of the Stamp Duties Act 1920 , as in force immediately before its repeal, continues to apply only to the final redetermination date and to any redetermination date that occurred before the final redetermination date.
(5) A reference in any Act or in any instrument made under any Act to the Stamp Duties Act 1920 is to be read as including a reference to the Duties Act 1997 .
(6) A reference in any other instrument to the Stamp Duties Act 1920 is to be read as including a reference to the Duties Act 1997 unless a contrary intention appears.

68 Changes to concessions

(1) The amendment to section 30 made by the State Revenue Legislation Amendment Act 2008 does not apply in respect of a transfer or agreement to transfer dutiable property first executed before the commencement of the amendment.
(2) The amendments to section 63 made by the State Revenue Legislation Amendment Act 2008 do not apply in respect of a transfer of dutiable property made before the commencement of those amendments.

Part 29 - Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget) Act 2008

69 Application of "top hatting" exemptions

(1) The amendment made to section 66 by the State Revenue and Other Legislation Amendment (Budget) Act 2008 applies in respect of the following--
(a) an agreement for the sale or transfer of marketable securities first executed on or after 1 July 2008,
(b) a transfer of marketable securities that occurs on or after 1 July 2008 (except where made in conformity with an agreement for sale or transfer entered into before 1 July 2008),
(c) the vesting of marketable securities by or as a consequence of an order of a court, if the order is made on or after 1 July 2008.
(2) Section 163ZEA, as inserted by the State Revenue and Other Legislation Amendment (Budget) Act 2008 , applies in respect of an acquisition made on or after 1 July 2008.

Part 30 - Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2008

70 Changes to nominal duties

An amendment made to this Act by Schedule 1.2 to the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 applies in respect of any liability for duty that arises on or after 1 January 2009.

71 Exemption for termination of strata and similar schemes

The amendments made to section 65 by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 extend to a vesting of an estate or interest in land as referred to in those amendments that occurred before the date of assent to that Act if the vesting occurred on or after the day the Bill for the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 was introduced into the Legislative Assembly.

Part 31 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2009

72 Changes to assessment of transfers of business assets

The amendments to sections 11 and 28 made by the State Revenue Legislation Further Amendment Act 2009 do not apply in respect of a dutiable transaction that occurred before 1 July 2009.

73 Changes to amount of duty chargeable

The amendments to sections 33, 54A and 63 made by the State Revenue Legislation Further Amendment Act 2009 apply in respect of any liability for duty that arises on or after 1 July 2009.

74 Amendments relating to de facto relationships

The amendments to sections 68 and 267 made by the State Revenue Legislation Further Amendment Act 2009 , and the new definition of
"de facto relationship" inserted in the Dictionary by that Act, are taken to have effect on and from 1 March 2009.

75 Changes to duty on acquisitions in landholders

(1) The duty chargeable under new Chapter 4 is chargeable on any relevant acquisition in a private landholder made as a consequence of a person acquiring an interest in a private landholder on or after 1 July 2009.
(2) If a person acquires an interest in a private landholder on or after 1 July 2009, acquisitions made before 1 July 2009 are to be counted for the purpose of determining whether the person has made a relevant acquisition in the private landholder under new Chapter 4.
(2A) However, in calculating the duty payable in respect of any acquisition made before 1 July 2009, the unencumbered value of the goods of the landholder in New South Wales is to be disregarded.
(2B) Similarly, in applying section 155 (5) to an acquisition made before 1 July 2009, the value of "A" is to be determined disregarding the unencumbered value of the goods in New South Wales of the landholder.
(3) Former Chapter 4A continues to apply in respect of any relevant acquisition in a land rich landholder (within the meaning of that Chapter) made as a consequence of a person acquiring an interest in the land rich landholder before 1 July 2009.
(4) An interest that is acquired in a private company or private unit trust scheme on or after 1 July 2009 as a result of an agreement entered into, or option executed, before 11 November 2008 is to be treated, for the purposes of this clause, as if it were acquired before 1 July 2009. Accordingly, former Chapter 4A applies to a relevant acquisition made as a result of such an acquisition, but the acquisition may still be counted for the purposes of determining whether a relevant acquisition is made under new Chapter 4.
(5) The duty chargeable under new Chapter 4 is chargeable on any relevant acquisition in a public landholder made as a consequence of a person acquiring an interest in the public landholder on or after 1 October 2009.
(6) If a person acquires an interest in a public landholder on or after 1 October 2009, acquisitions made before 1 October 2009 (including any made before 1 July 2009) are to be counted for the purpose of determining whether the person has made a relevant acquisition in the public landholder under new Chapter 4.
Note : However, acquisitions made in public landholders before 1 July 2009 are exempt acquisitions for duty purposes.
(7) Duty is not chargeable under new Chapter 4 on a relevant acquisition made by a person in a public landholder if the person's intention to make the acquisition was announced to the market before the date on which the Bill for the State Revenue Legislation Further Amendment Act 2009 was introduced into the Legislative Assembly.
(8) In this clause--

"former Chapter 4A" means Chapter 4A, as in force immediately before its repeal by the State Revenue Legislation Further Amendment Act 2009 .

"new Chapter 4" means Chapter 4, as inserted by the State Revenue Legislation Further Amendment Act 2009 .

76 Application of changes to mortgage duty provisions

(1) The amendments made to Chapter 7 by the State Revenue Legislation Further Amendment Act 2009 apply to the assessment of duty in respect of the following--
(a) a mortgage first executed on or after 1 July 2009 or that first becomes liable to duty as a mortgage on or after 1 July 2009,
(b) an instrument of security that first affects property in New South Wales on or after 1 July 2009 (whether or not the instrument of security was first executed before that date).
(2) The amendments made to Chapter 7 by the State Revenue Legislation Further Amendment Act 2009 extend to the assessment of duty in respect of a mortgage first executed before 1 July 2009 or that first became liable to duty as a mortgage before 1 July 2009 if an advance or further advance is made on or after 1 July 2009 that is secured by the mortgage.
(3) Any increase in the amount of advances recoverable under a mortgage first executed before 1 July 2009 is taken to be a further advance for the amount of the increase.
(4) A mortgage with a liability date occurring on or after 1 July 2009 may be assessed as part of the same mortgage package as other mortgages or instruments of security, in accordance with the amendments to Chapter 7, even if one or more of the other mortgages or instruments of security were first executed before 1 July 2009.
(5) The amendments do not affect the assessment of duty in respect of a liability date occurring before 1 July 2009.

77 Mortgages for definite and limited sum first executed before 1 July 2009

(1) If the amount of advances recoverable under a mortgage first executed before 1 July 2009 is a definite and limited sum, the
"amount secured by the mortgage" is taken, for the purpose of determining whether the mortgage becomes liable to additional duty on the making of an advance or further advance on or after 1 July 2009, and determining the amount of duty chargeable, to be the total of the following--
(a) the definite and limited sum,
(b) the amount of any advance or further advance made on or after 1 July 2009 in excess of that definite and limited sum.
(2) The amount secured by any such mortgage
"at the time a liability to duty last arose under this Act" is taken to be the total of the following--
(a) the definite and limited sum,
(b) the amount of any advance or further advance in excess of that definite and limited sum in respect of which duty has already been paid under this Act.

78 Tax avoidance schemes

(1) Chapter 11A applies in respect of a scheme if the scheme, or any part of the scheme--
(a) is entered into or made on or after 1 July 2009, or
(b) is carried out on or after 1 July 2009 (regardless of when it was first entered into or made).
(2) However, Chapter 11A does not apply to any amount of duty avoided by a person as a result of a tax avoidance scheme if, apart from the scheme, liability for the duty concerned would have arisen before 1 July 2009.

79 Application of Act to Crown bodies

Any order made under section 308 (3), as in force before its substitution by the State Revenue Legislation Further Amendment Act 2009 , is, on that substitution, repealed.

Part 32 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act (No 2) 2009

80 Application of landholder duty amendments

(1) The amendments made to Chapter 4 by the State Revenue Legislation Further Amendment Act (No 2) 2009 apply in respect of an interest in a landholder that is acquired on or after the commencement of Schedule 1 to that Act.
(2) However, section 163A, as in force immediately before its amendment by the State Revenue Legislation Further Amendment Act (No 2) 2009 , continues to apply in respect of an interest acquired by a person in a landholder if the person's intention to make the acquisition was announced to the market before the date on which the Bill for the State Revenue Legislation Further Amendment Act (No 2) 2009 was introduced into the Legislative Assembly.
(3) The amendments to section 161 made by the State Revenue Legislation Further Amendment Act (No 2) 2009 apply to agreements first executed on or after the commencement of Schedule 1 to that Act.

81 Liability of beneficial owners for landholder duty

(1) The landholder liability amendments apply to an interest in a landholder that is acquired on or after the commencement of the amendments.
(2) If the ultimate beneficial owner of an interest in a landholder acquires an interest in a landholder on or after the commencement of the amendments, an acquisition of an interest in a landholder made before that commencement (a
"pre-commencement acquisition" ) that would have been treated as an acquisition made by the ultimate beneficial owner of the interest or an associated person if the landholder liability amendments had been in force at the time that the acquisition was made is to be counted for the purpose of determining whether a relevant acquisition has been made.
(3) For that purpose, such a pre-commencement acquisition is treated as an acquisition made by the ultimate beneficial owner of the interest or an associated person (as the case requires) and must be disclosed in an acquisition statement by the ultimate beneficial owner of the interest.
(4) However, a pre-commencement acquisition disclosed in an acquisition statement by the ultimate beneficial owner of an interest in a landholder is an exempt acquisition if, but for subclause (3), the acquisition would not have to be disclosed in that statement.
(5) Expressions used in this clause have the same meanings as they have in the landholder liability amendments.
(6) In this clause, the
"landholder liability amendments" means the provisions of Part 2A of Chapter 4, as inserted by the State Revenue Legislation Further Amendment Act (No 2) 2009 .

82 Meaning of "interest in land"

Clause 4 of the Dictionary, as inserted by the State Revenue Legislation Further Amendment Act (No 2) 2009 , applies in respect of--

(a) a transfer of dutiable property that occurs on or after the commencement of Schedule 1 to that Act (except where made in conformity with an agreement for sale or transfer entered into before that commencement), and
(b) an acquisition of an interest in a landholder under Chapter 4 that is made on or after the commencement of Schedule 1 to that Act.

Part 33 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2010

83 Definition

In this Part--

"Schedule 1.3 amendments" means the amendments made to this Act by Schedule 1.3 to the State Revenue Legislation Amendment Act 2010 .

84 General application of amendments

(1) The Schedule 1.3 amendments do not affect any liability for duty that arose before 1 July 2010.
(2) In particular, the repeal of Chapter 5 by the Schedule 1.3 amendments does not affect any obligation to pay duty under this Act in respect of a lease instrument first executed before 1 January 2008 and this Act, as in force immediately before 1 July 2010, continues to apply in respect of any such obligation.

85 Amendments relating to assessment of duty on dutiable transactions

The Schedule 1.3 amendments apply in respect of any dutiable transaction that occurs on or after 1 July 2010.

86 Amendments to call option assignment duty

The amendments made to section 107 by the Schedule 1.3 amendments do not apply in respect of an agreement or arrangement entered into before 1 July 2010.

87 Mortgage duty

(1) The Schedule 1.3 amendments, in relation to mortgage duty, apply to the assessment of mortgage duty in respect of the following--
(a) a mortgage first executed on or after 1 July 2010 or that first becomes liable to duty as a mortgage on or after 1 July 2010,
(b) an instrument of security that first affects property in New South Wales on or after 1 July 2010 (whether or not the instrument was first executed before that date).
(2) The Schedule 1.3 amendments, in relation to mortgage duty, extend to the assessment of duty in respect of a mortgage first executed before 1 July 2010 or that first became liable to duty as a mortgage before 1 July 2010 if an advance or further advance is made on or after 1 July 2010 that is secured by the mortgage.

Part 34 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2010

88 Application of amendments

An amendment made to this Act by the State Revenue Legislation Further Amendment Act 2010 does not apply in respect of a dutiable transaction for which liability for duty arose before the commencement of the amendment.

89 Changes to landholder duty provisions

The amendments made to section 150 of this Act by the State Revenue Legislation Further Amendment Act 2010 have effect as if they had been made by Schedule 1 to the State Revenue Legislation Further Amendment Act (No 2) 2009 and had commenced on the date of commencement of that Schedule.

Note : See clause 80. Schedule 1 to the State Revenue Legislation Further Amendment Act (No 2) 2009 commenced on 1 December 2009.

Part 35 - Provisions consequent on enactment of Duties Amendment (First Home--New Home) Act 2011

90 First Home Plus scheme

A provision of Division 1 of Part 8 of Chapter 2 that, immediately before 1 January 2012, applied in respect of the following transactions and instruments continues to apply in respect of those transactions and instruments in the same way as it applied before the amendment of that Division by the Duties Amendment (First Home--New Home) Act 2011 --

(a) agreements for sale or transfer entered into on or after 4 April 2004 but before 1 January 2012,
(b) transfers that occur on or after 4 April 2004 but before 1 January 2012,
(c) transfers that occur on or after 1 January 2012 that are made in conformity with an agreement for sale or transfer referred to in paragraph (a).

91 NSW Housing Construction Acceleration Plan

Division 1A of Part 8 of Chapter 2, as in force immediately before its repeal by the Duties Amendment (First Home--New Home) Act 2011 , continues to apply in respect of agreements for sale or transfer, and transfers, to which that Division applied immediately before its repeal.

Part 36 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2011

92 Amendment relating to transfers in connection with persons changing superannuation funds

The amendment made to section 61 by the State Revenue Legislation Amendment Act 2011 is taken to apply in respect of dutiable transactions occurring on or after 1 July 2010.

93 Amendment relating to acquisitions in connection with persons changing superannuation funds

The amendment made to Chapter 4 by the State Revenue Legislation Amendment Act 2011 applies only in respect of a relevant acquisition made on or after the commencement of that Act.

94 Amendment relating to special disability trusts

The amendment made to the Dictionary by the State Revenue Legislation Amendment Act 2011 applies only in respect of dutiable transactions occurring on or after the commencement of that Act.

Part 37 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2012

95 Definition

In this Part--

"amending Act" means the State Revenue Legislation Amendment Act 2012 .

96 Transfers to self managed superannuation funds (section 62A)

The amendments made to section 62A by the amending Act apply in respect of transfers or agreements to transfer that occur on or after the commencement of those amendments.

97 Deceased estates (section 63)

The amendments made to section 63 by the amending Act apply to any transmission application made on or after the commencement of those amendments, even if consent of the legal personal representative concerned was given before that commencement.

98 Transfers made in partial conformity with agreements (section 64C)

Section 64C, as inserted by the amending Act, extends to transfers occurring after the commencement of that section that are made in partial conformity with agreements entered into before the commencement of that section.

99 Transfers of superannuation interests (section 68)

The amendment made to section 68 by the amending Act applies to dutiable transactions occurring on or after the commencement of that amendment.

100 Transfers between married couple and de facto partners (Division 4, Part 8, Chapter 2)

(1) The provisions of Division 4 of Part 8 of Chapter 2, as inserted by the amending Act, apply to transfers of dutiable property that occur on or after the commencement of that Division, other than transfers that are made in conformity with an agreement entered into before that commencement.
(2) Section 67, as in force before its repeal by the amending Act, continues to apply to transfers occurring after the commencement of Division 4 of Part 8 of Chapter 2 that are made in conformity with an agreement entered into before that commencement.

101 Inclusion of land holdings recently transferred (section 159A)

(1) Section 159A, as inserted by the amending Act, applies to any acquisition of an interest in a unit trust scheme, private company or listed company made on or after the commencement of that section.
(2) However, a reference in section 159A to any period before an interest in a unit trust scheme or company is acquired excludes any part of that period occurring before the commencement of that section.

102 Corporate reconstructions and consolidations (Chapter 11)

(1) Part 1 of Chapter 11, as inserted by the amending Act, applies to transactions occurring on or after 1 July 2012, other than pre-approved transactions that occur before 1 January 2013.
(2) Section 281, as in force immediately before its repeal by the amending Act, continues to apply--
(a) to pre-approved transactions that occur on or after 1 July 2012 and before 1 January 2013, and
(b) to transactions that occur before 1 July 2012.
(3) For the purposes of this clause, a
"pre-approved transaction" is a transaction approved in advance by the Chief Commissioner under section 281 (as in force before its repeal).
(4) An approval given in advance by the Chief Commissioner under section 281 ceases to have effect if the relevant transaction does not occur before 1 January 2013.
(5) Any condition imposed on an approval given by the Chief Commissioner under section 281 that requires parties to a transaction to remain members of the same corporate group ceases to have effect on 1 July 2012.

103 Transfers of property between family members (section 274)

(1) The amendments made to section 274 by the amending Act apply in respect of transactions entered into on or after the commencement of those amendments, other than any transfer of land made in conformity with an agreement for the sale or transfer of land entered into before that commencement.
(2) Section 274, as in force immediately before the commencement of those amendments, continues to apply in respect of transfers made in conformity with agreements entered into before that commencement.

104 Definition of "related person"

The amendment made by the amending Act to the definition of
"related person" applies in relation to any liability for duty arising on or after the commencement of that amendment.

Part 38 - Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2012

105 First Home--New Home

(1) The amendments made to Division 1 of Part 8 of Chapter 2 by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2012 apply to the following--
(a) agreements for sale or transfer entered into on or after 1 July 2012,
(b) transfers that occur on or after 1 July 2012, other than transfers made in conformity with an agreement for sale or transfer entered into before 1 July 2012.
(2) Division 1 of Part 8 of Chapter 2, as in force before those amendments, continues to apply to the following--
(a) agreements for sale or transfer entered into before 1 July 2012,
(b) transfers occurring before 1 July 2012,
(c) transfers occurring on or after 1 July 2012 that are made in conformity with an agreement referred to in paragraph (a).

Part 39 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2012

106 Application of amendments

(1) An amendment made to Chapter 2 by the State Revenue Legislation Further Amendment Act 2012 applies in respect of a dutiable transaction that occurs on or after the commencement of the amendment.
(2) Section 270C, as inserted by the State Revenue Legislation Further Amendment Act 2012 , applies in respect of the registration of a trailer on or after the commencement of that section.
(3) An amendment made to an expression in the Dictionary by the State Revenue Legislation Further Amendment Act 2012 applies in relation to any liability for duty that arises on or after the commencement of the amendment.

Part 39A - Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2013

106A Changes to calculation of dutiable value

(1) Section 26, as substituted by the Budget Measures Act, applies to dutiable transactions that occur on or after 1 July 2013.
(2) Sections 26 and 26A, as in force immediately before their repeal by the Budget Measures Act, continue to apply to dutiable transactions that occurred before 1 July 2013.
(3) In this clause--

"Budget Measures Act" means the State Revenue and Other Legislation Amendment (Budget Measures) Act 2013 .

Part 40 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2014

107 Definition

In this Part--

"amending Act" means the State Revenue Legislation Amendment Act 2014 .

108 General application of amendments

(1) An amendment made to Chapter 2 by the amending Act applies in respect of a dutiable transaction that occurs on or after the commencement of the amendment.
(2) However, an amendment made to Chapter 2 by the amending Act does not apply to a transfer of dutiable property made in conformity with an agreement for sale or transfer of the dutiable property that was entered into before the commencement of the amendment.
(3) Any other amendment made to this Act by the amending Act applies in relation to any liability for duty that arises on or after the commencement of the amendment.

109 Application of amendments to landholder duty

(1) A landholder duty amendment does not apply to an acquisition in a landholder that is made on or after the commencement of the landholder duty amendment, if the acquisition is made in conformity with an agreement for sale first executed before that commencement.
(2) This Act applies in respect of such an acquisition as if the landholder duty amendment had not been made.
(3) In this clause, a
"landholder duty amendment" means an amendment made by the amending Act to Chapter 4.

Part 41 - Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2014

110 Changes to New Home Grant Scheme

The amendments to Division 1A of Part 8 of Chapter 2 made by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2014 apply to the following--

(a) agreements for sale or transfer entered into on or after 1 July 2014,
(b) transfers that occur on or after 1 July 2014, other than transfers made in conformity with an agreement for sale or transfer entered into before 1 July 2014.

Part 42 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2014

111 Definition

In this Part--

"amending Act" means the State Revenue Legislation Further Amendment Act 2014 .

112 General application of amendments

(1) An amendment made to Chapter 2 by the amending Act applies in respect of a dutiable transaction that occurs on or after the commencement of the amendment.
(2) However, an amendment made to Chapter 2 by the amending Act does not apply to a transfer of dutiable property made in conformity with an agreement for sale or transfer of the dutiable property that was entered into before the commencement of the amendment.

113 Amendments relating to options

(1) Sections 9B and 22 (4), as inserted by the amending Act, do not apply to options granted or otherwise created before the commencement of those provisions.
(2) Section 64D, as inserted by the amending Act, extends to options granted or otherwise created before the commencement of that section.

114 Amendments relating to agreements for lease

Section 9C, as inserted by the amending Act, applies only to a novation of an agreement for lease that occurs on or after the commencement of that section.

115 Application of changes to registration duty

The amendment to section 270C made by the amending Act applies to applications for registration made on or after the commencement of the amendment.

Part 43 - Provision consequent on enactment of Home Building and Duties Amendment (Loose-fill Asbestos Insulation Affected Premises) Act 2015

116 Availability of duty concession

A purchaser or transferee under an agreement or transfer is entitled to a duty concession under Division 5 of Part 8 of Chapter 2, in respect of the agreement or transfer, only if the agreement is entered into, or the transfer occurs, on or after the commencement of that Division.

Part 44 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2015

117 References to London Exchange and New York Exchange

A reference in the Dictionary to the World Federation of Exchanges is taken, until the date of assent to the State Revenue Legislation Amendment Act 2015 , to have always included a reference to the London Exchange and the New York Exchange.

Part 45 - Provisions consequent on enactment of State Revenue Legislation Amendment (Budget Measures) Act 2016

118 Definition

In this Part--

"amending Act" means the State Revenue Legislation Amendment (Budget Measures) Act 2016 .

119 Application of amendments to Chapter 2

(1) An amendment made to Chapter 2 by the amending Act applies in respect of a dutiable transaction that occurs on or after the commencement of the amendment.
(2) However, an amendment made to Chapter 2 by the amending Act does not apply to a transfer of dutiable property made in conformity with an agreement for sale or transfer of the dutiable property that was entered into before the commencement of the amendment.

120 Application of surcharge purchaser duty

(1) The duty charged by Chapter 2A, as inserted by the amending Act, is charged on surcharge duty transactions that occur on or after the commencement of that Chapter, except as otherwise provided by this clause.
(2) Surcharge purchaser duty is not chargeable on a transfer of residential-related property made in conformity with an agreement for sale or transfer of the residential-related property entered into before the commencement of Chapter 2A.
(3) Surcharge purchaser duty is not chargeable on a surcharge duty transaction that results from the exercise of an option for the sale or purchase of residential-related property, if the option was granted before the commencement of Chapter 2A.
(4) However, surcharge purchaser duty is chargeable on any of the following surcharge duty transactions occurring on or after the commencement of Chapter 2A--
(a) a transaction that is taken by section 9B (as applied by section 104O) to be the transfer of an option,
(b) a transaction that results from the exercise of an option that, on or after the commencement of Chapter 2A, is taken by section 9B (as applied by section 104O) to have been transferred.

121 Application of amendments to Chapter 3 relating to surcharge call option assignment duty

An amendment made to Part 2 of Chapter 3 by the amending Act applies only in respect of a call option assignment (within the meaning of that Part) made on or after the commencement of the amendment.

122 Application of Part 4A of Chapter 3

The duty charged by Part 4A of Chapter 3, as inserted by the amending Act, applies only in respect of an allotment of shares or an issue of units made on or after the commencement of that Part.

123 Application of amendments to Chapter 4

The duty charged by Part 2B of Chapter 4, as inserted by the amending Act, applies only in respect of a relevant acquisition (within the meaning of that Chapter) occurring on or after the commencement of that Part.

Part 46 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2017

124 Definition

In this Part--

"amending Act" means the State Revenue Legislation Amendment Act 2017 .

125 General application of amendments

(1) An amendment made to Chapter 2 by the amending Act applies in respect of a dutiable transaction that occurs on or after the commencement of the amendment.
(2) However, an amendment made to Chapter 2 by the amending Act does not apply to a transfer of dutiable property made in conformity with an agreement for sale or transfer of the dutiable property that was entered into before the commencement of the amendment.
(3) Any other amendment made to this Act by the amending Act applies in relation to any liability for duty that arises on or after the commencement of the amendment.

126 Application of amendments to landholder duty generally

(1) A landholder duty amendment does not apply to an acquisition in a landholder that is made on or after the commencement of the landholder duty amendment, if the acquisition is made in conformity with an agreement for sale first executed, or with an option granted or otherwise created, before that commencement.
(2) This Act applies in respect of such an acquisition as if the landholder duty amendment had not been made.
(3) In this clause, a
"landholder duty amendment" means an amendment made by the amending Act to Chapter 4.

127 Application of amendment to section 160

(1) Without limiting clause 126, an arrangement that includes both a put option and a call option is not to be regarded as an uncompleted agreement for the purposes of section 160 if the put option and call option were conferred by an agreement or arrangement entered into before the commencement of section 160 (3A) (as inserted by the amending Act).
(2) In this clause--

"call option" and
"put option" have the same meanings as in Part 2 of Chapter 3.

Part 47 - Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2017

128 Definition

In this Part--

"amending Act" means the State Revenue and Other Legislation Amendment (Budget Measures) Act 2017 .

129 Shared equity exemptions and First Home Buyers Assistance Scheme

(1) A provision of Part 7 or Division 1 of Part 8 of Chapter 2, as in force immediately before its amendment by the amending Act, continues to apply in respect of the following--
(a) an agreement for sale or transfer entered into before 1 July 2017,
(b) a transfer that occurs before 1 July 2017.
(2) A provision of Part 7 or Division 1 of Part 8 of Chapter 2, as in force immediately before its amendment, also applies to--
(a) an agreement for sale or transfer entered into on or after 1 July 2017 if the Chief Commissioner is satisfied that--
(i) the agreement concerned replaces an agreement entered into before 1 July 2017, and
(ii) the replaced agreement was an agreement for the purchase of the same dutiable property, and
(b) a transfer that occurs on or after 1 July 2017 that is made in conformity with an agreement for sale or transfer referred to in subclause (1) (a).

130 Refund of surcharge purchaser duty relating to certain dwellings

(1) The Chief Commissioner must assess or reassess the surcharge purchaser duty chargeable on a surcharge duty transaction on the basis that no surcharge purchaser duty is chargeable on the transaction if--
(a) a liability to pay that duty on the surcharge duty transaction arises at any time before a relevant determination is made, and
(b) the Chief Commissioner is satisfied that no surcharge purchaser duty would have been chargeable on the surcharge duty transaction had the determination been made before that liability arose.
(2) In the case of a reassessment, the Chief Commissioner must refund any surcharge purchaser duty paid on the transaction if an application for the refund of the duty is made within 5 years after the initial assessment.
(3) A
"relevant determination" is a determination made under section 104I (2) (as inserted by the amending Act) before 1 January 2018 that is approved by the Treasurer for the purposes of this clause.

131 Rate of surcharge purchaser duty and other surcharge duty

(1) Section 104U (1), as amended by the amending Act, applies in respect of a surcharge duty transaction that occurs on or after the commencement of the amendment, except as otherwise provided by this clause.
(2) Section 104U (1), as in force immediately before its amendment by the amending Act, continues to apply in respect of the following--
(a) any surcharge purchaser duty chargeable on the transfer of residential-related property made in conformity with an agreement for sale or transfer of the residential-related property entered into before the commencement of the amendment,
(b) surcharge purchaser duty chargeable on a surcharge duty transaction that results from the exercise of an option for the sale or purchase of residential-related property if the option was granted before the commencement of the amendment.
(3) Despite subclause (2) (b), section 104U (1), as amended by the amending Act, applies in respect of any of the following surcharge duty transactions occurring on or after the commencement of the amendment--
(a) a transaction that is taken by section 9B (as applied by section 104O) to be the transfer of an option,
(b) a transaction that results from the exercise of an option that is taken by section 9B (as applied by section 104O) to have been transferred.
(4) Section 104U (1), as amended by the amending Act, applies in respect of a call option assignment (within the meaning of Part 2 of Chapter 3) made on or after the commencement of the amendment.
(5) Section 137AD (1), as amended by the amending Act, applies in respect of an allotment of shares or an issue of units made on or after the commencement of the amendment.
(6) Section 157H (1), as amended by the amending Act, applies in respect of a relevant acquisition (within the meaning of Chapter 4) occurring on or after the commencement of the amendment.

133 Exemption from surcharge purchaser duty for certain permanent residents

Section 104ZKA, as inserted by the amending Act, applies in respect of a transfer, or an agreement for the sale or transfer, of residential-related property that occurs on or after the commencement of that section.

134 Purchases "off the plan"

Section 49A, as in force immediately before its amendment by the amending Act, continues to apply to an off the plan purchase agreement entered into before the commencement of that amendment.

Part 48 - Provision consequent on enactment of State Revenue Legislation Amendment (Surcharge) Act 2017

135 Surcharge purchaser duty--new home development by Australian-based developers

(1) Section 104ZJA extends to a transfer that occurs before the commencement of that section.
(2) The approval of a person as an exempt transferee under section 104ZJA can be given so as to apply to a transfer that occurred before the commencement of that section (a
"completed transfer" ) and if that is done the transferee is entitled to a refund of surcharge purchaser duty paid on the completed transfer before the approval was given.
(3) If such an approval is revoked, the revocation can extend to a completed transfer with the result that surcharge purchaser duty becomes payable as if the approval had never applied to the transfer and as if liability for duty arose when revocation of the approval was notified.

Part 49 - State Revenue and Other Legislation Amendment Act 2019--provision consequent on indexation of transfer duty

136 Aggregation of dutiable transactions

(1) The amendment made to section 25 by the State Revenue and Other Legislation Amendment Act 2019 extends to the aggregation of dutiable transactions the earliest of which occurred during the year ending at the end of 30 June 2019.
(2) Accordingly, the amount of duty payable on the aggregated dutiable transactions is to be calculated at the rate applicable under Chapter 2 as in force when the earliest of those transactions occurred.

Part 50 - State Revenue and Other Legislation Amendment Act 2019--provision consequent on surcharge purchaser duty exemption

137 Surcharge purchaser duty--retirement visa holders

The amendments made to this Act by Schedule 2.1 to the State Revenue and Other Legislation Amendment Act 2019 do not affect any liability for duty that arose before 1 July 2019.

Part 51 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2020

138 Definition

In this Part--

"amending Act" means the State Revenue Legislation Further Amendment Act 2020 .

139 Surcharge purchaser duty--discretionary trusts

(1) Section 104JA extends to a surcharge duty transaction that occurred before the commencement of that section.
(2) If the trustee of a discretionary trust is liable as a foreign trustee for surcharge purchaser duty on a transfer of dutiable property that occurs before the commencement of section 104JA, or after that commencement but before midnight on 31 December 2020--
(a) the trustee is exempt from that duty if the terms of the trust have been amended, before midnight on 31 December 2020 and before the due date for payment of duty, so that the trust prevents a foreign person from being a beneficiary, or
(b) if that duty has been paid, the trustee is entitled to a refund of that duty if the terms of the trust have been amended, before midnight on 31 December 2020, so that the trust prevents a foreign person from being a beneficiary.
(3) A trust that satisfies the no foreign beneficiary requirement under section 104JA immediately before the commencement of that section is considered for the purposes of that section to prevent a foreign person from being a beneficiary of the trust (without having to satisfy the no amendment requirement under that section).
(4) Despite section 104JA, the trustee of an Australian testamentary trust is not in that capacity a foreign trustee for the purposes of Chapter 2A (even if the trust does not prevent a foreign person from being a beneficiary of the trust) if--
(a) for a trust arising from a will or codicil--the will or codicil was executed on or before 31 December 2020, or
(b) for a trust arising from the administration of an intestate estate--the deceased died before, or within 2 years after, the commencement of that section, or
(c) for a trust resulting from an order of a court varying the application of the provisions of a will or codicil or of the rules governing the distribution of an intestate estate--the order was made on or before 31 December 2020.
(5) The Chief Commissioner may in a particular case extend the due date for payment of surcharge purchaser duty by a trustee so that the trustee qualifies for exemption from that duty under this clause if the terms of the trust have been amended before midnight on 31 December 2020 (but after the date that would otherwise be the due date for payment) so that the trust prevents a foreign person from being a beneficiary.
(6) In this clause--

"Australian testamentary trust" means a discretionary trust arising from a will or codicil or the administration of an intestate estate (or as a result of an order of a court varying the application of the provisions of a will or codicil or of the rules governing the distribution of an intestate estate) where the deceased was not a foreign person immediately before his or her death.

"due date" for payment of duty means the date that is 3 months after the liability for duty arises.
(7) Expressions in this clause have the same meanings as in section 104JA.

140 Assignment of rights under call option

Section 107(2)(c) does not apply to an agreement or arrangement referred to in that paragraph that is entered into before the commencement of that paragraph.

141 Acquisition of interests in landholders

The amendments made by the amending Act to Part 1 of Chapter 4 do not apply to a relevant acquisition (within the meaning of that Chapter) made before the commencement of those amendments or made after that commencement pursuant to an agreement entered into before that commencement.

142 Liability for landholder duty

Section 154 (as substituted by the amending Act) applies to duty chargeable under Chapter 4 on or after the day it is substituted.

143 First Home Buyers Assistance Scheme

The amendment made by the amending Act to section 78A applies to the following--

(a) agreements for sale or transfer entered into on or after 1 July 2020,
(b) transfers that occur on or after 1 July 2020, other than transfers made in conformity with an agreement for sale or transfer entered into before 1 July 2020.

Part 52 - Provisions consequent on enactment of State Revenue Legislation Amendment (COVID-19 Housing Response) Act 2020

144 Replacement agreements

(1) An agreement for sale or transfer entered into on or after 1 August 2020 that replaces an agreement made before that date (an
"earlier agreement" ) is taken, for the purposes of sections 74(4) and 78AA of this Act, as inserted by the State Revenue Legislation Amendment (COVID-19 Housing Response) Act 2020 --
(a) to have been made on the date the earlier agreement was made, and
(b) to have a commencement date that is the date the earlier agreement was made.
(2) An agreement replaces another agreement if the Chief Commissioner is satisfied the agreement made at the earlier date was an agreement for the same land or substantially similar land.



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