Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DUTIES ACT 2008 - SECT 204G

204G .         Modified application of s. 176 if entity becomes landholder because of acquisitions forming one arrangement

        (1)         This section modifies the application of section 176 in relation to an acquisition (the main acquisition ) of an interest in an entity (the main entity ) if —

            (a)         at the time the agreement for the main acquisition is made, the main entity is not a landholder in relation to the main acquisition; and

            (b)         after the agreement is made and either before or after it is completed, 1 or more other acquisitions of interests in entities occur; and

            (c)         as a result of the occurrence of the acquisition or acquisitions referred to in paragraph (b), the main entity becomes a landholder in relation to the main acquisition because any of the following occurs —

                  (i)         section 155(3) becomes applicable to the main entity in relation to the main acquisition;

                  (ii)         an entity becomes a linked entity in respect of the main entity in relation to the main acquisition under section 156A(3);

                  (iii)         section 204A(2) becomes applicable, in relation to the main acquisition, to a fixed infrastructure access right to which the main entity or a linked entity in respect of the main entity is entitled.

        (2)         From the time at which section 155(3), 156A(3) or 204A(2) (whichever is relevant) becomes applicable, the application of section 176 in relation to the main acquisition is modified as follows —

            (a)         section 176(2) applies in relation to the acquisition subject to subsection (3) of this section;

            (b)         section 176(3) does not apply in relation to the acquisition.

        (3)         For the purposes of the following provisions, the main acquisition is taken to occur at the time at which section 155(3), 156A(3) or 204A(2) (whichever is relevant) becomes applicable —

            (a)         section 180(1);

            (b)         section 183;

            (c)         section 200(3);

            (d)         section 201(5).

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



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback