Western Australian Numbered Acts Western Australian Numbered Acts (1) The transfer, or
an agreement for the transfer, of a Western Australian business asset from a
franchisor in accordance with a franchise arrangement, is not a
dutiable transaction unless another person has relinquished, or agreed not to
extend, that business asset or a business asset of the same kind so that the
franchisee could acquire that business asset.
(2) A transaction is
not a dutiable transaction if the only dutiable property the subject of the
transaction is intellectual property of a business.
(3) A transaction
referred to in subsection (2) is a dutiable transaction if, under
section 37, it is aggregated with a transaction that is a
dutiable transaction for a Western Australian business asset and the
transactions are treated as a single dutiable transaction.
(4) For the purposes
of section 11(1)(f), new dutiable property that is a
Western Australian business asset referred to in section 17(1)(c) is not
acquired unless subsection (5) applies.
(5) If a person
—
(a)
carries on, or has carried on, a business (the "first business” ); and
(b)
creates intellectual property, a restraint of trade arrangement or a business
identity related to the first business for the purpose of the carrying on of
the first business or another business by another person,
then, subject to
subsections (2) and (3), the creation of the intellectual property,
restraint of trade arrangement or business identity is the acquisition by that
other person of a Western Australian business asset of the first business.
Subdivision 3 — Dutiable value of dutiable transactions
for business assets