Western Australian Numbered Acts

DUTIES ACT 2008 (NO. 11 OF 2008) - SECT 190

190 .         Meaning of “excluded interest” for section 189

        (1)         The reference in section 189 to an excluded interest is to an interest in the landholder concerned that is part of the interest of the acquirer, being —

            (a)         an interest, other than one to which subsection (2) applies, that was held by the person or a related person, or by the person and a related person, before the day that is 3 years before the day on which the relevant acquisition occurred; or

            (b)         an interest in the landholder concerned acquired by an acquisition if immediately before the acquisition neither the landholder nor a linked entity in respect of the landholder was entitled to land in Western Australia.

        Note:         The operation of subsection (1) is modified if the day paragraph (a) refers to is before 1 July 2008: see Schedule 3 clause 13(1).

        (2)         This subsection applies to an interest in the landholder acquired by an acquisition (the "earlier acquisition") if the relevant acquisition in respect of which duty is to be calculated under section 188(1) was made pursuant to an arrangement entered into during the prescribed period in respect of the earlier acquisition.

        (3)         The reference in subsection (2) to the prescribed period in respect of the earlier acquisition is to the period beginning on the day that is 3 years before the day on which the earlier acquisition occurred and ending on the day that is 3 years after that day.