Queensland Consolidated Acts

DUTIES ACT 2001 - SECT 130

130 Exemption—other transfers of scheme property of registered managed investment scheme

(1) Transfer duty is not imposed on the following dutiable transactions (
"relevant transactions" )—

(a) for scheme property of a registered managed investment scheme other than a trust interest—a transfer, or agreement for the transfer, of the scheme property from 1 property holder for the scheme to the other property holder for the scheme; or

(b) for scheme property of a registered managed investment scheme that is a trust interest—a trust acquisition made by 1 property holder for the scheme, if the trust interest was held by the other property holder for the scheme immediately before the acquisition.

(2) However, subsection (1) does not apply if the relevant transaction is part of an arrangement under which—

(a) the scheme property, or an interest in the scheme property, ceases to be scheme property; or

(b) the persons who are members of the registered managed investment scheme do not have the same trust interest in the scheme property after the relevant transaction happens as they had immediately before the arrangement was entered into.

(3) In this section—

"property holder" , for a registered managed investment scheme, means—

(a) the responsible entity of the scheme; or

(b) a person as primary custodian for the responsible entity of the scheme.

"scheme property" includes a trust interest of a registered managed investment scheme held by a property holder for the scheme.