Australian Capital Territory Consolidated Acts

DUTIES ACT 1999 - SECT 7

    (1)     This chapter charges duty on—

        (a)     a transfer of dutiable property; and

        (b)     the following transactions:

              (i)     an agreement for the sale or transfer of dutiable property;

              (ii)     a declaration of trust over dutiable property;

              (iii)     a grant of a Crown lease;

              (iv)     a grant of a long-term lease;

              (v)     a grant of a franchise arrangement.

    (2)     A transfer or transaction mentioned in subsection (1) is a dutiable transaction for this Act.

    (3)     In this section:

"grant", of a Crown lease over land, includes the grant of a new lease following the surrender or determination of a Crown lease over land that includes part or all of the land over which the new lease is granted.

"transfer "does not include a transaction treated as a transfer by chapter 3.

Note     Ch 3 treats certain transactions as transfers (eg, acquiring an interest in a landholder—see s 85 and s 86). Duty may be charged under ch 3 on those transfers. These may involve the vesting of property under a court order, which would otherwise be a transfer for s (1) (a) or (b) (i) (see dict, def "transfer", par (a) (v)).