Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A lease or
agreement for a lease, or with respect to any letting, is not to be charged
with any duty in respect of any penal rent or increased rent in the nature of
a penal rent thereby reserved or agreed to be reserved or made payable, or by
reason of being made in consideration of the surrender or abandonment of any
existing lease or agreement of or relating to the same subject matter.
(2) No lease or
agreement for a lease made for any consideration or considerations in respect
whereof it is chargeable with ad valorem duty, and in further consideration
either of a covenant by the lessee to make, or of his having previously made,
any substantial improvement of or addition to the property demised to him, or
of any covenant relating to the matter of the lease or agreement for a lease;
is to be charged with any duty in respect of such further consideration.
(3)
Subsection (2) shall not apply as respects any further consideration in
the lease or agreement for a lease consisting of a covenant which if it were
contained in a separate deed would be chargeable with ad valorem duty,
and accordingly the lease or agreement for a lease shall in any such case be
charged with duty in respect of any such further consideration under
section 19.
[Section 79 amended by No. 37 of 1979
s. 58; No. 20 of 1996 s. 37; No. 2 of 2003 s. 103;
No. 66 of 2003 s. 77; No. 19 of 2010 s. 51.]
[ 80. Deleted by No. 66 of 2003 s. 78.]