(1) Nominal duty is
chargeable on a transfer of, or an agreement for the
transfer of, dutiable property by a person (the "transferor")
to the trustee of a superannuation fund (the "trustee") where —
(a)
there is, or will be, consideration for the transfer or agreement; and
(b)
either of the following applies —
(i)
only the transferor can be a member of the superannuation
fund;
(ii)
the property can only be held in the superannuation fund
specifically for the transferor so that the property cannot be pooled with the
contributions or other assets of another member and no other member can obtain
an interest in the property;
and
(c) the
property can only be held in the superannuation fund to be provided to the
transferor as a retirement benefit.
(2) In
subsection (1) —
“property” means the dutiable property
referred to in subsection (1) or, if the property is sold so that the
proceeds can be provided to the transferor as a retirement benefit, those
proceeds.
(3) An application for
assessment or reassessment under this section must be made in the approved
form.