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DUTIES ACT 2008 - SECT 204B

204B .         When fixed infrastructure statutory licences are treated as land assets in calculating duty

        (1)         A fixed infrastructure statutory licence is to be treated as if it were a land asset for the purposes of calculating duty in respect of a relevant acquisition under section 186 if —

            (a)         the landholder, or a linked entity in respect of the landholder, is entitled to the fixed infrastructure statutory licence; and

            (b)         the landholder, or an entity that is associated with the landholder under section 204D, is entitled to any of the following —

                  (i)         fixed infrastructure ( relevant fixed infrastructure ) to which the fixed infrastructure statutory licence relates;

                  (ii)         an estate or interest in relevant fixed infrastructure;

                  (iii)         a fixed infrastructure control right that relates to relevant fixed infrastructure.

        (2)         For the purposes of subsection (1)(a), a landholder or linked entity is taken to be entitled to the fixed infrastructure statutory licence if —

            (a)         the landholder or linked entity held the fixed infrastructure statutory licence immediately before the relevant acquisition; and

            (b)         as a result of the relevant acquisition, the fixed infrastructure statutory licence is cancelled or surrendered by operation of law; and

            (c)         there is an agreement, arrangement or understanding relating to the acquisition under which, after the acquisition, the fixed infrastructure statutory licence, or another fixed infrastructure statutory licence of that kind, will be issued, granted or given to the landholder or an entity that is associated with the landholder under section 204D.

        (3)         The entitlement referred to in subsection (1)(b) is to be determined —

            (a)         for the landholder or an associated entity referred to in section 204D(2)(a), (b) or (c) — when the relevant acquisition referred to in subsection (1) of this section occurs; or

            (b)         for an associated entity referred to in section 204D(2)(d) or (e) — when the acquisition referred to in section 204D(2)(d)(i) occurs.

        (4)         A fixed infrastructure statutory licence that under subsection (1) is to be treated as a land asset for the purposes of section 186 in relation to an acquisition is to be so treated even if subsection (1) does not become applicable until after the acquisition occurs.

        (5)         A fixed infrastructure statutory licence to which subsection (1) applies is also to be treated as a land asset in relation to the relevant acquisition referred to in that subsection for the purposes of sections 167, 168, 195A(5), 266B and 266C.

        [Section 204B inserted: No. 12 of 2019 s. 100.]



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