(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.