Western Australian Current Acts Western Australian Current Acts (1) For the purposes
of section 102(3), a transferor is related to an entity that is —
(a) a
trust (other than a unit trust scheme) if the transferor is a beneficiary of
the trust and every other beneficiary is a family member of the transferor; or
(b) a
unit trust scheme if the transferor holds a unit in the unit trust scheme and
every other person who holds a unit in the unit trust scheme is a family
member of the transferor; or
(c) a
corporation if the transferor is a shareholder in the corporation and every
other shareholder is a family member of the transferor.
(2) For the purposes
of section 102(3), a transferee is related to an entity that is —
(a) a
trust (other than a unit trust scheme or a discretionary trust) if the
transferee is a beneficiary of the trust and every other beneficiary is the
transferor or a family member of the transferor; or
(b) a
discretionary trust if —
(i)
the transferee is a beneficiary of the trust; and
(ii)
every other beneficiary is the transferor or a family
member of the transferor; and
(iii)
the transferor does not control the discretionary trust;
or
(c) a
unit trust scheme if the transferee holds a unit in the unit trust scheme and
every other person who holds a unit in the unit trust scheme is the transferor
or a family member of the transferor; or
(d) a
corporation if the transferee is a shareholder in the corporation and every
other shareholder is the transferor or a family member of the transferor.
(3) If a transferee is
a trustee of a trust to which section 101(b) applies, subsection (2) applies
to the transferee as if the references to the transferee in subsection (2)(a),
(b), (c) and (d) were references to each beneficiary of that trust.
(4) For the purposes
of section 102(4)(b), subsection (2) applies in determining whether a family
member of a relevant transferor is related to an entity as if the family
member were a transferee referred to in that subsection.
[Section 102A inserted: No. 12 of 2019 s. 40.]