Western Australian Numbered Acts

DUTIES ACT 2008 (NO. 11 OF 2008) - SECT 260

260 .         The term “relevant reconstruction transaction”

        (1)         Subject to this section, any of the following is a "relevant reconstruction transaction”  —

            (a)         any of the following dutiable transactions, if transfer duty is chargeable —

                  (i)         an agreement, whether conditional or not, for the transfer of dutiable property from one member of a family to another member of the family;

                  (ii)         a transfer of dutiable property from one member of a family to another member of the family;

                  (iii)         a declaration of trust over dutiable property under which one member of a family holds the property on trust for another member of the family;

                  (iv)         a vesting of dutiable property held by one member of a family in another member of the family;

                  (v)         a surrender of special dutiable property, within the meaning of section 18, if the special dutiable property is surrendered by one member of a family to another member of the family;

            (b)         a transfer of a licence for a vehicle from one member of a family to another member of the family, if vehicle licence duty is chargeable;

            (c)         an acquisition by one member of a family of an interest in another member of the family, if landholder duty is chargeable;

            (d)         an acquisition by one member of a family from another member of the family of an interest in an entity, if landholder duty is chargeable.

        (2)         A transaction referred to in subsection (1)(a) is not a "relevant reconstruction transaction" if, immediately before the transaction, the dutiable property is held, or the transaction results in the property being held, subject to a discretionary trust.

        (3)         A transfer referred to in subsection (1)(b) is not a "relevant reconstruction transaction" if, immediately before or immediately after the transfer, the vehicle is held subject to a discretionary trust.

        (4)         An acquisition referred to in subsection (1)(c) or (d) is not a "relevant reconstruction transaction" if, immediately before the acquisition, the interest is held, or the acquisition results in the interest being held, subject to a discretionary trust.