Western Australian Numbered Acts Western Australian Numbered Acts (1) A reassessment of
duty in respect of a relevant acquisition is required if —
(a) for
the purposes of an assessment, an agreement to acquire an interest in land
has, under section 149(1)(a), been regarded as having been completed; and
(b)
since that determination the agreement has been rescinded, annulled or
otherwise terminated without being completed; and
(c) had
the agreement not been regarded as having been completed —
(i)
the liability for duty in respect of the
relevant acquisition would not have arisen; or
(ii)
the amount of the duty payable would have been less.
(2) A reassessment of
duty in respect of a relevant acquisition is also required if —
(a) for
the purposes of an assessment, an agreement to dispose of an interest in land
has, under section 149(1)(b), been disregarded; and
(b)
since that determination the agreement has been completed; and
(c) had
the agreement not been disregarded —
(i)
the liability for duty in respect of the
relevant acquisition would not have arisen; or
(ii)
the amount of the duty payable would have been less.
(3) On application
made by a person that has paid or is liable to pay the duty, the Commissioner
is to make a reassessment of the duty —
(a) if
subsection (1) applies — disregarding the agreement referred
to in that subsection; or
(b) if
subsection (2) applies — having regard to the agreement
referred to in that subsection.