(1) The dutiable value
of a dutiable transaction for a fixed infrastructure statutory licence issued,
granted or given under a law of the Commonwealth is the greater of —
(a) the
value of the fixed infrastructure statutory licence so far as it authorises
the ownership, control, operation or use of fixed infrastructure (a fixed
infrastructure activity ); or
(b) the
portion of the consideration for the transaction that relates to the carrying
out of a fixed infrastructure activity under the authority of the licence.
(2) The dutiable value
of a dutiable transaction for a fixed infrastructure statutory licence issued,
granted or given under a law of Western Australia is —
(a) the
consideration for the dutiable transaction; or
(b) the
unencumbered value of the fixed infrastructure statutory licence at the time
when liability for duty on the transaction arises if —
(i)
there is no consideration for the transaction; or
(ii)
the consideration cannot be ascertained when liability
for duty on the transaction arises; or
(iii)
the unencumbered value is greater than the consideration
for the transaction.
[Section 91D inserted: No. 12 of 2019 s. 34.]
[Heading inserted: No. 16 of 2022 s. 19.]