Western Australian Current Acts

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DUTIES ACT 2008 - SECT 127

127 .         Some transfers etc. of dutiable property from superannuation fund to member, dependant or representative

        (1)         In this section, each of these terms has the meaning given in the Commonwealth Act section 10(1) —

        dependant

        legal personal representative

        (2)         Nominal duty is chargeable in respect of a transfer of, or an agreement for the transfer of, dutiable property from the trustee of a superannuation fund to —

            (a)         a member of the fund; or

            (b)         where the member has died — a dependant of, or the legal personal representative of, the member,

                if —

            (c)         the member was a member of the fund when the property first became part of the fund; and

            (d)         the unencumbered value of the property transferred does not exceed the value of the member’s interest in the fund; and

            (e)         there is, or will be, no consideration for the transfer or agreement.

        [Section 127 inserted: No. 32 of 2012 s. 8.]

        Note for this Subdivision:

                Section 113 provides for an exemption from duty to the extent that a dutiable transaction is effected by a matrimonial instrument or a de facto relationship instrument.



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