Tasmanian Consolidated Acts

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DUTIES ACT 2001 - SECT 259F

Savings and transitional provisions consequent on enactment of Duties Amendment (Landholder and Corporate Reconstruction and Consolidation) Act 2016
(1)  For the purposes of determining –
(a) whether a relevant acquisition in a landholder is made on or after the commencement day; and
(b) the duty chargeable on a relevant acquisition under Chapter 3  –
an acquisition of any interest in the landholder before the commencement day is to be taken into account in accordance with Chapter 3 .
(2)  If an acquisition of any interest in a landholder before the commencement day is taken into account for the purposes of determining whether a relevant acquisition in the landholder is made on or after the commencement day, the acquisition statement in relation to that relevant acquisition is to disclose that earlier acquisition.
(3)  If an acquisition of an interest in a private landholder made before the commencement day (the pre-commencement day acquisition ) has been taken into account in determining whether a relevant acquisition in the private landholder has been made on or after the commencement day, then, in determining the unencumbered value of the land and goods of the landholder in relation to the pre-commencement day acquisition (for the purpose of calculating the duty chargeable in relation to the relevant acquisition), the landholder is taken not to hold goods in Tasmania.
(4)  The former Chapter 3 continues to apply in relation to a former relevant acquisition in a land-rich private corporation made before the commencement day.
(5)  The former Chapter 3 continues to apply in relation to a prescribed acquisition made in a land-rich private corporation before the commencement day if that acquisition is not taken into account for the purpose of determining whether a relevant acquisition in a private landholder is made on or after the commencement day.
(6)  For the purpose of determining whether a relevant acquisition in a public landholder is made on or after the commencement day, an acquisition of any interest in the public landholder made before the commencement day is to be taken into account in accordance with Chapter 3 .
(7)  If an acquisition of an interest in a public landholder made before the commencement day has been taken into account in determining whether a relevant acquisition in the public landholder has been made on or after the commencement day, then that pre-commencement day acquisition is taken to be an exempt acquisition for the purpose of determining the duty chargeable under Chapter 3 in relation to the relevant acquisition.
(8)  Duty is not chargeable in relation to a relevant acquisition in a public landholder made on or after the commencement day if the person's intention to make the relevant acquisition was announced, before the commencement day, to the Australian Stock Exchange, or any other recognised stock exchange, on which the landholder is listed.
(9)  For the purposes of section 71(7) , any duty paid or payable in respect of an acquisition under the former Chapter 3 is taken to have been paid or be payable under Chapter 3 of this Act.
(10)  In this section, unless a contrary intention appears –
acquisition statement has the same meaning as in Chapter 3 ;
commencement day means the day on which the Duties Amendment (Landholder and Corporate Reconstruction and Consolidation) Act 2016 commences;
former Act means this Act as in force immediately before the commencement day;
former Chapter 3 means Chapter 3 of the former Act;
former relevant acquisition means a relevant acquisition, within the meaning of the former Act, made before the commencement day;
interest , in relation to a landholder, has the same meaning as in Chapter 3 ;
landholder has the same meaning as in Chapter 3 ;
land-rich private corporation has the same meaning as in the former Chapter 3;
prescribed acquisition means an acquisition within the meaning of the former Act, other than a former relevant acquisition;
private landholder has the same meaning as in Chapter 3 ;
public landholder has the same meaning as in Chapter 3 ;
relevant acquisition has the same meaning as in Chapter 3 .



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