Western Australian Current Acts Western Australian Current Acts (1) A reference to a
right is to any of the following —
(a) an
option to acquire dutiable property, unless the option is part of a
simultaneous put and call option over dutiable property;
(b) a
right of pre-emption for dutiable property;
(c) a
right to acquire dutiable property;
(d) a
right under a joint venture relating to dutiable property of the joint
venture;
(e) a
right to exploit dutiable property;
(f) a
right to income from dutiable property;
(g) a
right to the capital growth of dutiable property;
(h) a
fixed infrastructure control right;
(i)
a fixed infrastructure access right;
(j) a
fixed infrastructure statutory licence.
(2) A right referred
to in subsection (1)(a) to (g) exists in relation to dutiable property only if
the transfer of the property would be a dutiable transaction.
(3) Without limiting
subsection (1), a right includes the following —
(a) a
right under an application under the Mining Act 1978 for a mining tenement;
(aa) a
derivative mining right;
(b) a
licence, or a water entitlement under a licence, under the Rights in Water
and Irrigation Act 1914 section 5C;
(ba) a
part of, or an interest in, a right referred to in subsection (1) or this
subsection;
(c) any
other thing prescribed for the purposes of this section.
(4) Subsection (1)(a)
to (g) do not apply to a right to the extent that the right is a fixed
infrastructure control right, a fixed infrastructure access right or a fixed
infrastructure statutory licence.
[Section 16 amended: No. 12 of 2019 s. 10.]