Western Australian Numbered Acts Western Australian Numbered Acts (1) If, on an
exemption application made in accordance with section 262, it is shown to
the satisfaction of the Commissioner that —
(a)
there has been a relevant transaction; or
(b) a
relevant reconstruction transaction referred to in section 260(1)(b) will
occur,
the Commissioner must
exempt the transaction from the duty that would otherwise be chargeable unless
subsection (4) applies.
(2) If an assessment
for a relevant transaction was made before it is exempted, the Commissioner
must reassess the transaction.
(3) If an assessment
for a relevant transaction was not made before it is exempted, the
Commissioner must —
(a) if
the transaction is one referred to in section 260(1)(b) —
issue a certificate of the exemption to the applicant; or
(b)
otherwise — make an official assessment of the transaction
determining that it is exempt from duty.
(4) An exemption
cannot be granted in relation to a relevant transaction if any member of the
family has an outstanding tax liability.