New South Wales Repealed Acts

This legislation has been repealed.

STAMP DUTIES ACT 1920 - SECT 99B

99B Acquisitions to which this Division does not apply

(1) This Division does not apply to or in respect of the acquisition by a person of a land use entitlement or prior land use entitlement in relation to a landholder or an interest in a designated landholder if:

(a) the acquisition is by a person in the capacity of:

(i) a receiver or trustee in bankruptcy,

(ii) a liquidator, or

(iii) an executor or administrator of the estate of a deceased person,

(b) the acquisition occurred solely as the result of:

(i) the making of a compromise or arrangement under Part VIII of the Companies (New South Wales) Code which has been approved by the court,

(ii) the distribution of the estate of a deceased person, including an acquisition occurring as the result of:

(A) a will, a codicil or an order of a court varying or modifying the application of the provisions of a will or codicil, or

(B) an intestacy or an order of a court varying or modifying the application, in relation to the estate of a deceased person, of the provisions of a law relating to the distribution of the assets of persons who die intestate,

(c) the acquisition is by:

(i) a person who was a partner in a marriage and has occurred solely as the result of the dissolution of the marriage, or

(ii) a person who was a de facto partner in a de facto relationship and has occurred solely as the result of the termination of the relationship, or

(d) the land to which the land use entitlement, prior land use entitlement or interest relates could have been acquired by the person under an agreement or conveyance which is not chargeable with ad valorem duty.

(2) This Division does not apply to or in respect of an acquisition if the Chief Commissioner is satisfied that it would not be just and reasonable in the circumstances for the Division to apply.