Western Australian Current Acts

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DUTIES ACT 2008 - SECT 148

148 .         Terms used

        (1)         In this Chapter, unless the contrary intention appears —

        duty means duty under this Chapter;

        entity has the meaning given in section 152;

        further interest means an interest in a landholder acquired by a relevant acquisition to which section 163(1)(c) or (d) applies;

        interest has the meaning given in section 153;

        land does not include a security interest in land;

        land asset means any of the following —

            (a)         land;

            (b)         a fixed infrastructure control right;

            (c)         a derivative mining right;

            (d)         subject to section 204A, a fixed infrastructure access right;

        landholder means an entity that is a landholder under section 155;

        linked entity means an entity that is a linked entity under section 156(2) in respect of a main entity as defined in section 156(1);

        listed corporation means a corporation that is on the official list of a prescribed financial market;

        listed landholder means —

            (a)         a listed corporation; or

            (b)         a listed unit trust scheme,

        that is a landholder;

        listed unit trust scheme means a unit trust scheme that is on the official list of a prescribed financial market;

        related person has the meaning given in section 162;

        relevant acquisition has the meaning given in section 163(1);

        surplus property , in relation to a landholder or other entity, means property remaining after satisfaction of —

            (a)         any right attached to a share or unit that entitles the holder, if the landholder or other entity is wound up, to receive a fixed amount of its capital; and

            (b)         the debts and liabilities of the landholder or other entity; and

            (c)         the costs, charges and expenses of winding it up;

        unencumbered value has the meaning given in sections 36 and 36A as applied by sections 150 and 204C.

        (2)         For the purposes of this Chapter, a land asset referred to in paragraph (b), (c) or (d) of the definition of land asset in subsection (1) is taken to be a land asset in Western Australia.

        [Section 148 amended: No. 32 of 2012 s. 10; No. 12 of 2019 s. 56.]



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