Western Australian Numbered Acts Western Australian Numbered Acts (1) If the value of a
dutiable transaction referred to in section 11(1)(d)(ii) or (e) is
stated in a court order the value stated in the order is the dutiable value of
the transaction.
(2) Subject to
subsection (1), the dutiable value of a dutiable transaction that is the
foreclosure of a mortgage over dutiable property is the unencumbered value of
the dutiable property and not the value of the debt secured by the mortgaged
property.
(3) The dutiable value
of a dutiable transaction that is the surrender of a lease is the
consideration for the surrender of the lease paid or payable by the lessor.
(4) The dutiable value
of a dutiable transaction that is the grant of a lease is the total of the
following amounts —
(a) the
amount of any consideration for the grant of the lease;
(b) any
amount paid or payable under the lease as rent that —
(i)
is in excess of a fair market rent for the leased
property; and
(ii)
represents an amount paid or payable for the grant of the
lease.
(5) The dutiable value
of a dutiable transaction under a discretionary trust that would be a
transaction described in section 114(1) or 115 except that
—
(a)
consideration is paid or payable for the transaction; and
(b) that
consideration is consideration referred to in section 30(1)(a),
is that consideration.
(6) The dutiable value
of a dutiable transaction that is a transfer of, or an agreement for the
transfer of, dutiable property from the trustee of a superannuation fund on
which nominal duty would be chargeable under section 127 but for
section 127(b), is the amount by which the unencumbered value of the
dutiable property transferred exceeds the value of the member’s interest
in the superannuation fund.