(1)  The Commissioner, if satisfied that it would not be just and reasonable in the circumstances to charge duty on the dutiable value of all the dutiable property in a dutiable transaction, which transaction –

(a) consists of a grant, surrender or transfer of a lease of a commercial property; and

(b) involves goods that are dutiable property in accordance with section 9(1)(j)  –

may disregard the value of all or any of the goods in determining the dutiable value of the property.

(2)  For the purposes of subsection (1) , a lease of a commercial property is a lease in respect of real property that is to be used for the purposes of a business, whether or not there are premises on the property that may be used in whole or in part as a residence.

(3)  The Commissioner may only exercise the discretion referred to in subsection (1) if satisfied that the dutiable transaction was not structured for the purpose of reducing or avoiding the payment of duty.