(1) The provisions of
Chapter 3 other than the provisions set out in the Table apply, with all
appropriate modifications, in respect of foreign landholder duty in the same
way as they apply in respect of landholder duty.
Table
s. 149A(1) and (3) | |
Part 2 | |
Part 5 Division 2 Subdivision 2 | |
Part 5 Division 2 Subdivision 4 | |
Part 6 Division 4 | |
Part 6 Division 6A | |
Part 6 Division 7 |
Part 7 Divisions 1 and 2 |
|
(2) Without limiting
subsection (1), the provisions applied by that subsection apply as if —
(a) a
reference to duty or landholder duty were a reference to foreign landholder
duty; and
(b) a
reference to an acquirer (other than in section 179) were a reference to a
foreign acquirer; and
(c) a
reference to a landholder were a reference to a residential landholder; and
(d) a
reference to a relevant acquisition were a reference to a foreign landholder
acquisition; and
(e) a
reference to land assets, land assets in Western Australia or dutiable
property were a reference to residential property; and
(f) a
reference to a chattel were a reference to a chattel, the use of which is
directly linked to, or is incidental to, the use of residential property for
residential purposes; and
(g) the
definition of land asset in section 148(1) were deleted;
(h) the
provisions of Division 8 Subdivisions 1 and 2 of this Chapter were provisions
of Chapter 3 Part 5 Division 2 Subdivision 3; and
(i)
the reference in the definition of call option , put
option and simultaneous put and call option in section 177(1) to section 44
were a reference to section 44 as applied by section 205S(1); and
(j) the
reference in section 179(2)(a) to the acquirer were a reference to a foreign
acquirer, other than a person whose interest in the residential landholder is,
for the purpose of calculating the duty, an excluded interest under
section 189; and
(ja) the
reference in section 179(2)(d) or 185(b) to a related person in respect of the
acquirer were a reference to a foreign person that is a related person in
respect of a foreign acquirer (as defined in paragraph (a) of the definition
of foreign acquirer in section 205ZD(1)); and
(jb) a
reference in section 189(2)(a) or (6) —
(i)
to the person were a reference to the foreign acquirer;
and
(ii)
to a related person were a reference to a foreign person
that is a related person in respect of a foreign acquirer (as defined in
paragraph (a) of the definition of foreign acquirer in section 205ZD(1));
and
(k) a
reference in section 188(1) or 189(1) to applying the appropriate rate of duty
under section 184(1) to the value were a reference to working out 7% of the
value; and
(l) the
reference in section 189(6) to 1 July 2008 were a reference to 1 January 2019;
and
(m) a
reference to a provision specified in Column 1 of the Table were a reference
to the provision specified opposite it in Column 2 of the Table.
Table
Column 1 |
Column 2 |
---|---|
[Section 205ZE inserted: No. 24 of 2018 s. 8;
amended: No. 12 of 2019 s. 109.]
[Heading inserted: No. 24 of 2018 s. 8.]