Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
duty avoidance arrangement means an
arrangement —
(a)
avoiding or circumventing the operation of the provisions of this Part so far
as they make the availability and continued effect of an exemption under
section 75JB dependent on bodies corporate having been associated for a
particular period or remaining associated for a particular period; or
(b)
having as its purpose, or one of its purposes, the reduction of duty that
might otherwise become payable.
(2) Without limiting
section 75JC, the Commissioner may determine under that section that an
exemption under section 75JB would not be granted in respect of an
instrument or a Part IIIBA statement if the Commissioner considers that the
instrument or Part IIIBA statement would, if executed or finalised, relate or
be likely to relate to a duty avoidance arrangement.
(3) Even if on an
application under section 75JD it is shown to the satisfaction of the
Commissioner that section 75JB applies, the Commissioner may refuse to
grant an exemption under section 75JB(3) or to issue an exemption
certificate under section 75JB(3a) in respect of an instrument or to
grant an exemption under section 75JB(3) in respect of a Part IIIBA
statement if the Commissioner considers that the instrument or Part IIIBA
statement relates or is likely to relate to a duty avoidance arrangement.
(4) Despite
subsection (3), if the Commissioner is required under
section 75JC(5) to grant an exemption in respect of an instrument or a
Part IIIBA statement, the exemption is to be granted even if the Commissioner
considers that the instrument or Part IIIBA statement relates or is likely to
relate to a duty avoidance arrangement.
[Section 75JDA inserted by No. 29 of
2000 s. 8(1); amended by No. 2 of 2003 s. 81; No. 66 of
2003 s. 54.]