Western Australian Current Acts

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DUTIES ACT 2008 - SECT 242

242 .         If vehicle previously licensed to licence holder

        (1)         Duty is not chargeable on the grant of a licence for a vehicle to a person if the vehicle was, before the grant of that licence, last licensed or registered in that person’s name under —

            (a)         the Vehicles Act; or

            (b)         a corresponding State law; or

            (c)         a law of a country other than Australia that corresponds to the Vehicles Act.

        (2)         Subsection (1) does not apply to the grant of a licence to a person for a heavy vehicle that was, before the grant of that licence, last licensed or registered in the person’s name under a corresponding State law if the vehicle was registered in that person’s name under the Interstate Road Transport Act 1985 (Commonwealth) on or after 16 January 1997.

        (3)         Subsection (1) does not apply to the grant of a licence for a vehicle, or is taken not to have applied to the grant of a licence for a vehicle at the time of the grant, if the Commissioner is satisfied, or becomes satisfied after the grant of the licence, that the vehicle was licensed or registered outside of Western Australia as part of a course of action or conduct having the sole or dominant purpose of avoiding or reducing duty.

        (4)         The duty chargeable because of subsection (3) is due for payment within one month after the date of an assessment notice issued in relation to an assessment of that duty.

        (5)         In this section, a reference to a vehicle includes a reference to a vehicle that was modified or that was part of a vehicle that was modified, whether or not the vehicle that resulted from the modification needed to meet a standard or requirement before it could be licensed that was different to the one that the original vehicle had to meet.

        [Section 242 amended: No. 8 of 2012 s. 95.]



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