Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (2), any of the following is a foreign dutiable transaction —
(a) a
transfer of residential property to a foreign person;
(b) an
agreement, whether conditional or not, for the transfer of residential
property to a foreign person;
(c) a
declaration of trust over residential property if the trust is a foreign
trust;
(d) a
vesting of residential property in a foreign person —
(i)
by, or expressly authorised by, statute law of this or
another jurisdiction, whether inside or outside Australia; or
(ii)
by, or as a consequence of, a court order of this or
another jurisdiction, whether inside or outside Australia;
(e) a
foreclosure of a mortgage over residential property by a mortgagee that is a
foreign person;
(f) an
acquisition by a foreign person of new residential property, on its creation,
grant or issue;
(g) a
surrender of special residential property to a foreign person;
(h) a
residential trust acquisition or residential trust surrender;
(i)
a residential partnership acquisition.
(2) The following
transactions are not foreign dutiable transactions —
(a) a
transaction the subject of which is a right if no consideration is paid, or
agreed to be paid, for the transaction;
(b) a
transfer of, or an agreement for the transfer of, a lease if no consideration
is paid, or agreed to be paid, for the transfer or agreement;
(c) a
transaction prescribed as an excluded transaction for the purposes of this
section.
(3) Without limiting
subsection (1)(d)(i), section 12 applies for the purposes of determining when
residential property is vested under statute law.
[Section 205H inserted: No. 24 of 2018 s. 8.]