In this Chapter,
unless the contrary intention appears —
“concessional rate” of duty means a
rate set out in Schedule 2 Division 2;
“conditional agreement” has the
meaning given in section 87;
“consideration” has a meaning affected
by section 30;
“de facto partner of 2 years” ,
in relation to a person, means a person who is living in a de facto
relationship with the person and has lived on that basis with the person for
at least 2 years;
“de facto partners of 2 years”
means 2 de facto partners of 2 years who are living in a de facto
relationship with each other;
“declaration of trust” means any
declaration (other than by a will) that any identified property vested or to
be vested in the person making the declaration is or is to be held in trust
for the person or persons, or the purpose or purposes, mentioned in the
declaration although the beneficial owner of the property, or the person
entitled to appoint the property, may not have joined in or assented to the
declaration;
“disposition” , in relation to a
share, has the meaning given in section 63;
“dutiable value” has the meaning given
in Part 4 Division 5;
“duty” means duty under this Chapter;
“entity” has the meaning given in
section 152;
“exempt transaction” means a
dutiable transaction on which duty is not chargeable;
“exploration amount” has the meaning
given in section 13;
“Family Court Act” means the
Family Court Act 1997 ;
“farm-in agreement” has the meaning
given in section 13;
"farming land conditional agreement" has the
meaning given in section 88;
“general conditional agreement” means
any conditional agreement other than the following —
(a) a
farming land conditional agreement;
(b) a
mining tenement conditional agreement;
(c) an
off-the-plan conditional agreement;
(d) a
subdivision conditional agreement;
"interest in a discretionary trust "has the
meaning given in section 60;
“managed investment scheme” has the
meaning given in the Corporations Act section 9;
"mining tenement conditional agreement" has the
meaning given in section 89;
“new dutiable property” has the
meaning given in section 17;
"off-the-plan conditional agreement" has the
meaning given in section 90;
“partnership acquisition” has the
meaning given in section 72;
“partnership interest” has the meaning
given in section 74;
“person liable to pay duty” , in
respect of a dutiable transaction, has the meaning given in section 20;
“right” has the meaning given in
section 16;
“scheme property” , in relation to a
managed investment scheme, has the meaning given to that term in the
Corporations Act in relation to a registered scheme;
“simultaneous put and call option” has
the meaning given in section 44;
“special dutiable property” has the
meaning given in section 18;
"subdivision conditional agreement" has the
meaning given in section 91;
“surrender” includes the
following —
(a)
abandonment;
(b)
abrogation;
(c)
cancellation;
(d)
extinguishment;
(e)
forfeiture;
(f)
redemption;
(g)
relinquishment;
“taker in default” has the meaning
given in section 54;
“terminated on relevant grounds” , in
relation to a conditional agreement, has the meaning given in
section 87(3);
“transfer” includes assignment and
exchange;
“trust acquisition” has the meaning
given in section 55;
“trust surrender” has the meaning
given in section 56;
“unconditional” , in relation to a
conditional agreement, has the meaning given in section 87(4);
“unencumbered value” has the meaning
given in section 36;
“Western Australian business” has the
meaning given in section 79;
"Western Australian business asset" has the
meaning given in section 79.