Western Australian Numbered Acts

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DUTIES ACT 2008 (NO. 11 OF 2008) - SECT 101

101 .         The term “transferee”

                A reference in this Subdivision to a transferee in respect of a dutiable transaction the subject of which is farming property is to a person described in Schedule 1 column 4 opposite the description of the transaction, that is —

            (a)         a family member of the transferor, if the family member does not intend to hold the farming property as agent, trustee or otherwise on behalf of any other person; or

            (b)         a trustee of a trust, other than a unit trust scheme or a discretionary trust, if the beneficial owner of the trust property under the trust is a family member of the transferor; or

            (c)         a trustee of a discretionary trust, if —

                  (i)         all the persons who have a share or interest in the trust property, whether vested or contingent, or who may benefit from the discretionary trust are family members of the transferor; and

                  (ii)         the transferor does not control the discretionary trust.



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