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DUTIES ACT 2001 - SECT 57B
Exemptions certain financing arrangements
(1) No duty is chargeable under this Chapter in respect of a
transaction, relating to dutiable property, that is a second transaction
within the meaning of subsection (2) or (3) .
(2) This subsection applies if a natural person and an authorised
deposit-taking institution enter into an agreement where
(a) the natural person, acting as agent for the authorised deposit-taking
institution, and a third party enter into an agreement for sale in relation to
real property (the relevant property ); and
(b) in accordance with the agreement for sale referred to in
paragraph (a) , the relevant property is transferred from the third party
to the authorised deposit-taking institution (the first transaction ); and
(c) at the same time as the first transaction, the authorised deposit-taking
institution and the natural person enter into an agreement for sale in
relation to the relevant property; and
(d) in accordance with the agreement for sale referred to in
paragraph (c) , the authorised deposit-taking institution transfers the
relevant property to the natural person for consideration (the second
transaction ).
(3) This subsection applies if a natural person and an authorised
deposit-taking institution enter into an agreement where
(a) the natural person, acting as agent for the authorised deposit-taking
institution, and a third party enter into an agreement for sale in relation to
real property (the relevant property ); and
(b) in accordance with the agreement for sale referred to in
paragraph (a) , the relevant property is transferred from the third party
to both the authorised deposit-taking institution and the natural person (the
first transaction ) in the percentages specified in the agreement; and
(c) at the same time as the first transaction, the authorised deposit-taking
institution and the natural person enter into an agreement where the natural
person is to purchase such percentage of the relevant property as is owned by
the authorised deposit-taking institution; and
(d) in accordance with the agreement referred to in paragraph (c) , the
authorised deposit-taking institution transfers, in one or more transactions,
the relevant property to the natural person for consideration (the second
transaction ).
(4) No duty is chargeable under this Chapter in respect of a
transaction, relating to dutiable property, that is a first transaction, or a
second transaction, within the meaning of subsection (5) .
(5) This subsection applies if
(a) a natural person and an authorised deposit-taking institution enter into
any of the agreements referred to in subsection (2) or (3) (the relevant
agreement ); and
(b) the authorised deposit-taking institution transfers the dutiable property
to another authorised deposit-taking institution (the first transaction ) on
the condition that the other authorised deposit-taking institution complies
with the terms of the relevant agreement; and
(c) in accordance with the relevant agreement, the other authorised
deposit-taking institution transfers the dutiable property to the natural
person (the second transaction ).
(6) No duty is chargeable under this Chapter in respect of a transfer
(the relevant transfer ), of an interest, held by an authorised deposit-taking
institution in accordance with an agreement referred to in subsection (2)
, (3) or (5) , if
(a) before the agreement has been completed, a natural person, referred to in
subsection (2) , (3) or (5) , respectively, who held an interest under
the agreement, has died; and
(b) the relevant transfer is made to another natural person, to whom the
interest, under the agreement, of the natural person has been transferred by
virtue of
(i) a testamentary gift; or
(ii) the right of survivorship; or
(iii) the Administration and Probate Act 1935 .
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