Western Australian Current Acts

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DUTIES ACT 2008 - SECT 139A

139A .         Some transfers and vestings under orders made under Guardianship and Administration Act 1990

        (1)         In this section —

        administration order means —

            (a)         an administration order (as defined in the Guardianship and Administration Act 1990 section 3(1)); or

            (b)         an order or instrument referred to in paragraph (b) or (c) of the definition of administrator in this subsection;

        administrator means —

            (a)         an administrator (as defined in the Guardianship and Administration Act 1990 section 3(1)); or

            (b)         a person acting under the authority of an order made under the Guardianship and Administration Act 1990 section 66; or

            (c)         the Public Trustee acting under the authority of an instrument referred to in the Guardianship and Administration Act 1990 section 83B.

        (2)         Nominal duty applies to a dutiable transaction that is —

            (a)         a transfer to an administrator of dutiable property of the person to whom the administration order relates (the represented person ) made under the authority of the administration order; or

            (b)         a vesting in an administrator of dutiable property of a person to whom the administration order relates (the represented person ) by, or as a consequence of, an order of the State Administrative Tribunal under the Guardianship and Administration Act 1990 .

        (3)         If nominal duty is chargeable on a transfer or vesting of dutiable property under subsection (2), nominal duty is also chargeable on —

            (a)         any transfer of the dutiable property back from an administrator to the represented person; or

            (b)         any subsequent vesting in the represented person of the dutiable property by, or as a consequence of, an order of the State Administrative Tribunal under the Guardianship and Administration Act 1990 .

        [Section 139A inserted: No. 12 of 2019 s. 48.]



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