Western Australian Current Acts

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DUTIES ACT 2008 - SECT 200

200 .         Acquisition statement or agreement to be lodged

        (1)         This section applies where by a relevant acquisition a person —

            (a)         acquires an interest in a landholder; or

            (b)         is taken by section 173(4) to have acquired such an interest.

        (2)         A statement in respect of the acquisition must be lodged unless —

            (a)         section 180(4)(b) applies in relation to the acquisition; or

            (b)         it is covered by an approval under section 201; or

            (c)         the agreement for the making of the acquisition has been lodged in accordance with subsection (2A).

        (2A)         If there is an agreement for the making of the acquisition, the agreement may be lodged instead of an acquisition statement.

        (3)         An acquisition statement under subsection (2) or agreement under subsection (2A) must be lodged not later than 2 months after the day on which the relevant acquisition occurred or is taken to have occurred or within such further time as is allowed under subsection (4).

        (4)         The Commissioner may from time to time, on application by a person or entity referred to in section 204, extend the time allowed for the lodgment of an acquisition statement or agreement under this section, and may do so on such conditions as the Commissioner thinks fit.

        (5)         An application under subsection (4) in respect of an acquisition statement or agreement must be made —

            (a)         before the expiry of the allowed time applicable to the statement or agreement; and

            (b)         in the approved form.

        (6)         The obligation to lodge an acquisition statement under subsection (2) or agreement under subsection (2A) applies in relation to an acquisition even if the agreement for the making of the acquisition has been rescinded, annulled or otherwise terminated without being completed, whether that rescission, annulment or termination occurs before or after the expiry of the allowed time applicable to the statement or agreement.

        [Section 200 amended: No. 12 of 2019 s. 96.]



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