Western Australian Current Acts

DUTIES ACT 2008 - SECT 91DA

91DA .         Transactions as to prospecting licences or related dutiable property alone not usually dutiable

        (1)         Subject to subsections (2) and (3), a transaction is not a dutiable transaction if the only dutiable property the subject of the transaction consists of any or all of the following —

            (a)         a prospecting licence granted under the Mining Act 1978 section 40;

            (b)         an estate or interest in a prospecting licence granted under the Mining Act 1978 section 40;

            (c)         a derivative mining right in relation to a prospecting licence granted under the Mining Act 1978 section 40;

            (d)         a right under an application for a prospecting licence under the Mining Act 1978 section 41;

            (e)         a part of, or an interest in, a right of a kind referred to in paragraph (c) or (d).

        (2)         A transaction referred to in subsection (1) is a dutiable transaction if, under section 37, it is aggregated with a transaction that is a dutiable transaction and the transactions are treated as a single dutiable transaction.

        (3)         A transaction referred to in subsection (1) is a dutiable transaction if —

            (a)         there is a relevant acquisition for the purposes of Chapter 3 or an agreement for the making of such an acquisition; and

            (b)         the transaction and the acquisition or agreement together form, evidence, give effect to or arise from what is, substantially one arrangement.

        (4)         Without limiting subsection (3), unless the Commissioner is satisfied to the contrary, a transaction and an acquisition or agreement together form, evidence, give effect to or arise from what is, substantially one arrangement if —

            (a)         the transaction has taken place, and the acquisition or agreement has been made, within 12 months; and

            (b)         in respect of both the transaction and the acquisition or agreement, the person liable to pay duty is the same person (whether that person is the only person liable to pay duty or is liable to pay duty with the same or different persons).

        (5)         A reference in subsection (4) to a person liable to pay duty on the transaction is a reference to a person that would be liable to pay duty if the transaction were a dutiable transaction.

        [Section 91DA inserted: No. 16 of 2022 s. 19.]

        [Heading inserted: No. 12 of 2019 s. 34.]