Western Australian Current Acts

DUTIES ACT 2008 - SECT 91R

91R .         No double duty

        (1)         In this section —

        consideration , in relation to a dutiable transaction, does not include the exploration amount for the concessional farm-in transaction concerned.

        (2)         Duty is not chargeable on a dutiable transaction if —

            (a)         the dutiable transaction —

                  (i)         is under a concessional farm-in transaction as contemplated in section 91M(1)(c) or (d); and

                  (ii)         without limiting subparagraph (i), occurs after the farmee has fulfilled the exploration requirement;

                and

            (b)         the concessional farm-in transaction is duty endorsed.

        (3)         Duty is not chargeable on a dutiable transaction (the replacement dutiable transaction ) if —

            (a)         the replacement dutiable transaction —

                  (i)         is in lieu of a dutiable transaction that, had it occurred, would have been under a concessional farm-in transaction as contemplated in section 91M(1)(c) or (d); and

                  (ii)         would be a dutiable transaction under the concessional farm-in transaction as contemplated in section 91M(1)(c) or (d) except only that the replacement dutiable transaction involves a replacement mining tenement for a relevant mining tenement, or a replacement derivative mining right for a relevant derivative mining right, that was not anticipated in the concessional farm-in transaction; and

                  (iii)         without limiting subparagraphs (i) and (ii), occurs after the farmee has fulfilled the exploration requirement for the concessional farm-in transaction;

                and

            (b)         the concessional farm-in transaction is duty endorsed.

        (4)         Duty is chargeable on a dutiable transaction to which subsection (2) or (3) would otherwise apply if there is, or will be, consideration for the dutiable transaction.

        (5)         For the purposes of subsection (4), the dutiable value of the dutiable transaction is the consideration for the dutiable transaction to the extent that the consideration was not taken into account when the concessional farm-in transaction was duty endorsed.

        (6)         In subsection (3)(a)(i), the reference to a dutiable transaction includes a transaction that would be a dutiable transaction but for the application of section 91DA to the transaction.

        [Section 91R inserted: No. 37 of 2022 s. 8.]

        [Heading inserted: No. 37 of 2022 s. 8.]