Western Australian Numbered Acts Western Australian Numbered Acts[s. 286]
Division 1 — Provisions for Duties Act 2008
1 . Terms used in this Division
(1) In this
Division —
“relevant acquisition” has the meaning
given in sections 163 and 164.
(2) A reference in
this Division to the time when a transaction takes or took place is a
reference to the time that —
(a) is
applicable under section 19(1); or
(b)
would have been applicable under section 19(1) if the transaction had
been chargeable with transfer duty.
Subdivision 2 — Provisions for Chapter 2
2 . When Chapter 2 starts to apply
Subject to this
Subdivision, Chapter 2 applies in relation to the imposition of transfer
duty on a transaction only if that transaction takes place on or after
1 July 2008.
3 . No double duty
Without limiting
Chapter 2 Part 4 Division 6, transfer duty is not chargeable on
a dutiable transaction for which there is a transaction record chargeable with
duty under the Stamp Act 1921 .
4 . Alteration of consideration (section 31)
Section 31(1)
and (3) do not apply if the liability to duty is under the Stamp
Act 1921 .
(1) Two or more
transactions are to be aggregated and treated as a single dutiable transaction
under section 37 as long as the last of the transactions takes place on
or after 1 July 2008.
(2) For the purposes
of section 37(6)(a), the dutiable value of a transaction that took place
before 1 July 2008 is —
(a) the
unencumbered value under the Stamp Act 1921 of the property the subject
of the transaction; or
(b) the
consideration for the transaction,
whichever is greater.
(3) If —
(a) a
previous dutiable transaction referred to in section 37(7) took place
before 1 July 2008; and
(b) duty
under the Stamp Act 1921 ( “stamp duty” ) was paid on an
instrument effecting or evidencing the transaction,
a reference in
section 37(7) to duty paid on the transaction is a reference to that
stamp duty.
Without limiting
clause 2, if any of the dutiable transactions referred to in
section 40 took place before 1 July 2008, transfer duty is not
chargeable on that transaction.
7 . Exempt bodies (section 92)
Any body declared to
be an exempt body under the Stamp Act 1921 section 119 is taken to
have been declared to be an exempt body under section 92(1).
8 . Family farm transactions (sections 104
and 105)
(1) Without limiting
clause 25(1)(d), a reference to an exempt family farm transaction in
section 104(a) or 105(1) or (4) includes a reference to a
farming exemption as defined in the Stamp Act 1921 section 75HA(1).
(2) The reference in
section 105(1)(d) to an event already duty endorsed under
section 105 includes a reference to a taxable event referred to in the
Stamp Act 1921 section 75HA(2) if —
(a) a
statement has been lodged under the Stamp Act 1921 section 75HA(3)
in respect of that event; and
(b) duty
under the Stamp Act 1921 has been paid in respect of that statement.
9 . Matrimonial and de facto relationship
instruments (sections 129, 130)
(1) Despite
clause 25(1)(b), section 132 does not apply to an instrument in
respect of which duty under the Stamp Act 1921 has been paid unless the
liability to duty arose on or after 28 November 2007.
(2) In a case
mentioned in subclause (1), section 132 applies even if the day on
which the instrument became —
(a) a
matrimonial instrument as defined in section 129; or
(b) a de
facto relationship instrument as defined in section 130,
10 . First home owners (Part 6
Division 3)
(1) In determining the
meaning of the term “further FHOG concessional transaction” for
the purposes of Chapter 2 Part 6 Division 3, the transaction
referred to in section 142(2) as the first FHOG concessional transaction
can be a transaction evidenced by an instrument (the “earlier
instrument” ) that was —
(a)
executed before 1 July 2008 (but not before 1 July 2004);
and
(b)
chargeable with duty under the Stamp Act 1921 section 75AG.
(2) If the
first FHOG concessional transaction is a transaction referred to in
subclause (1), the rate and thresholds referred to in section 143(2)
are those that applied in relation to the earlier instrument under the Stamp
Act 1921 section 75AG.
Subdivision 3 — Provisions for Chapter 3
11 . When Chapter 3 starts to apply
Chapter 3 applies
in relation to the imposition of landholder duty in respect of a
relevant acquisition only if that acquisition occurs on or after
1 July 2008.
12 . Acquisitions under an agreement made before
1 July 2008
(1) This clause
applies to an acquisition of an interest in an entity —
(a) that
occurs on or after 1 July 2008; but
(b) is
made under an agreement, whether conditional or not, that was entered into
before 1 July 2008.
(2) Despite
section 176, the acquisition is taken to have occurred when the agreement
is completed.
13 . Meaning of “excluded interest”
(sections 190 and 192)
(1) Despite
section 190(1)(a), if the day that is 3 years before the day on
which the relevant acquisition occurred is before 1 July 2008,
section 190(1) is to be read as if the following paragraph were inserted
instead of paragraph (a) —
“
(a) an interest, other than one to which
subsection (2) applies, that was held by the person or a related person,
or by the person and a related person, before 1 July 2008; or
”.
(2) Despite
section 192(a), if the day that is 3 years before the day on which
the relevant acquisition occurred is before 1 July 2008,
section 192 is to be read as if the following paragraph were inserted
instead of paragraph (a) —
“
(a) an interest that was held by the person or a related
person, or by the person and a related person, before 1 July 2008;
or
”.
Subdivision 4 — Provisions for Chapter 4
14 . Terms used in this Subdivision
When this Subdivision
uses a term that is used in Chapter 4, the term has the same meaning in
this Subdivision as it has in Chapter 4 unless the contrary intention
appears in this Subdivision.
15 . When Chapter 4 starts to apply
Chapter 4 applies to
and in relation to —
(a)
premiums, or instalments of premiums, paid on or after 1 July 2008;
and
(b)
return periods commencing on or after 1 July 2008.
(1) A person that was,
immediately before 1 July 2008, a registered insurer under the
Stamp Act 1921 Part IIIF is taken to have been registered under
section 218 on 1 July 2008.
(2) If, immediately
before 1 July 2008, a notice of cancellation of registration issued
under the Stamp Act 1921 section 93B had not come into effect, the
notice is taken to have been issued under section 222.
Subdivision 5 — Provisions for Chapter 5
17 . Terms used in this Subdivision
When this Subdivision
uses a term that is used in Chapter 5, the term has the same meaning in
this Subdivision as it has in Chapter 5 unless the contrary intention
appears in this Subdivision.
18 . When Chapter 5 starts to apply
(1) Chapter 5
applies to and in relation to the grant or transfer of a licence the
application for which was made on or after 1 July 2008.
(2) Despite
subclause (1), section 242(3) does not apply in respect of the grant
of a licence if the vehicle was licensed or registered outside of Western
Australia before 1 July 2008.
19 . Section 228 — definition of
“new vehicle”
In section 228,
in the definition of “new vehicle” —
(a) the
reference to section 246(1) includes a reference to the Stamp
Act 1921 section 76D(5)(a) as in force immediately before
1 July 2008; and
(b) the
reference to section 246(1)(a)(ii) includes a reference to the Stamp
Act 1921 section 76D(5)(a)(ii) as in force immediately before
1 July 2008; and
(c) a
reference to section 247(1) includes a reference to the Stamp
Act 1921 section 76D(5a)(a) as in force immediately before
1 July 2008.
20 . Section 239 — specialised vehicles
(1) In
section 239(1)(a), the reference to a specialised vehicle includes a
reference to an eligible vehicle within the meaning of the Stamp Act 1921
section 76B as in force immediately before section 239 comes into
operation.
(2) In
section 239(1)(c), the reference to dutiable value includes a reference
to market value within the meaning of the Stamp Act 1921
section 76B as in force immediately before 1 July 2008.
21 . Section 247 — approval of
philanthropic purposes
In
section 247(1)(a)(iv), the reference to a philanthropic purpose approved
by the Commissioner includes a reference to a philanthropic purpose approved
by the Commissioner under the Stamp Act 1921 section 76D(5b).
22 . Section 250 — transfer of
vehicles: nominal duty
(1) If —
(a) the
Commissioner has, before 1 July 2008, granted an authorisation under
the Stamp Act 1921 section 76C or 112UE in respect of the transfer
of a licence; and
(b) the
transfer of the licence occurs within the 12 month period beginning on
1 July 2008,
then —
(c)
nominal duty is chargeable under section 250 on the transfer of the
licence; and
(d)
either —
(i)
any document evidencing the authorisation may be treated
as a certificate issued by the Commissioner under section 250(2); or
(ii)
the Commissioner may issue a certificate under
section 250(2) as if satisfied of the matters in section 250(2).
(2) If —
(a) the
transfer of a vehicle (within the meaning of that term in Chapter 2) occurred
before 1 July 2008; and
(b) no
application for the transfer of a licence for the vehicle was made before
1 July 2008; and
(c)
under the Stamp Act 1921 section 76C or 112UE no authorisation was
applied for, or, if applied for, the application was not dealt with, before
1 July 2008,
section 250
applies in respect of the transfer of the vehicle despite the transfer having
occurred before 1 July 2008.
(3)
Section 250(6) does not apply to the transfer of the licence for a
vehicle that occurred before 28 November 2007.
(4) If the transfer of
the licence for a vehicle occurs on or after 28 November 2007,
section 250(6) applies to the transfer of the licence even if the day on
which the instrument referred to in section 250(6)(b) —
(a) came
into existence; or
(b)
became a matrimonial instrument or a de facto relationship instrument,
was before
1 July 2008.
23 . Section 252 — statements made
under the Stamp Act 1921 section 76H
A statement under or
for the purposes of the Stamp Act 1921 section 76H(1) or (2) has
effect as if given under section 252(1) or (3) (whichever is
relevant) to the extent to which it relates to the grant or transfer of a
licence the application for which was made after 1 July 2008.
Subdivision 6 — Provisions for Chapter 7
24 . When Chapter 7 starts to apply
Chapter 7 applies
in relation to a scheme as defined in section 267(1) only if the scheme,
or at least one of the steps or transactions by which it is carried into
effect, occurs on or after 1 July 2008.
25 . Some references to duty include stamp duty
(1) In this Act, where
appropriate in the context —
(a) a
reference to a transaction record that has been duty endorsed includes a
reference to an instrument that —
(i)
has been, or is taken to have been, endorsed in
accordance with the Stamp Act 1921 section 17C(1); or
(ii)
has been stamped or endorsed under a special tax return
arrangement to indicate the amount of duty under the Stamp Act 1921 paid
or payable under the arrangement or that duty under that Act was not payable
in respect of the instrument;
and
(b) a
reference to a transaction that has been duty endorsed includes a reference to
a transaction to which an instrument referred to in paragraph (a)
relates; and
(c) a
reference to duty paid or payable, or that has become chargeable, includes a
reference to duty paid or payable, or that has become chargeable, under the
Stamp Act 1921 ; and
(d) a
reference to a transaction being or having been an exempt transaction, or not
chargeable with duty, includes a reference to a transaction the subject of an
instrument exempt from, or not chargeable with, duty under the Stamp
Act 1921 .
(2)
Subclauses (1)(a) and (b) do not apply to a reference to “duty
endorsed” in section 31(5), 32(1), 33(2), 34(1)
or 280.
(3) Without limiting
subclause (1)(c), if this Act requires another amount of duty to be taken
into account in making an assessment or reassessment of duty, the reference to
that other amount includes, where appropriate in the context, a reference to
duty paid or payable under the Stamp Act 1921 .
26 . Application of some Chapter 8 provisions
(1) Sections 272
and 273 and 275 to 282 apply in relation to a
dutiable transaction only if that transaction takes place on or after
1 July 2008.
(2) Section 274
applies in relation to a dependent transaction only if that transaction takes
place on or after 1 July 2008.
(1) Regulations may be
made for any of the following —
(a) to
resolve any doubts as to which of this Act or the Stamp Act 1921 is
applicable to an instrument, transaction or matter;
(b) to
clarify, vary or add to the provisions of this Division;
(c) to
make further amendments of a transitional nature to the Stamp Act 1921
in addition to those made by the Duties Legislation Amendment Act 2008
Part 2 Division 1;
(d) to
facilitate or clarify the continued operation of the Stamp Act 1921 in
relation to instruments, transactions or matters to which it applies;
(e)
generally to ensure that duty on an instrument, transaction or matter is
imposed correctly and appropriately under this Act or the Stamp Act 1921
, but not under both Acts.
(2) Regulations
referred to in subclause (1) have effect despite any inconsistency with a
taxation Act.
(3) For the purposes
of the Interpretation Act 1984 section 41(1)(b) the day specified
in regulations referred to in subclause (1) may be 1 July 2008
or any later day.
28 . References to the Stamp Act 1921
(1) In this
clause —
“ Stamp Act reference” means a
reference to the Stamp Act 1921 in —
(a) a
written law other than this Act, the Stamp Act 1921 or the
Taxation Administration Act; or
(b) an
agreement, contract, determination, order or other document.
(2) A Stamp Act
reference is to be read as being or including a reference to this Act if it
would be appropriate in the context to do so.
Division 2 — Provisions for Duties Legislation Amendment
Act 2008 Part 2 Division 2 Subdivision 2
29. Vehicle licence duty rate change
(1) Section 236,
as amended by the Duties Legislation Amendment Act 2008 Part 2
Division 2 Subdivision 2, applies to and in relation to the grant or
transfer of a licence the application for which was made on or after
1 January 2009.
(2) If —
(a) the
application for the grant or transfer of a licence for a vehicle that is not a
heavy vehicle is made before 1 January 2009; or
(b)
under section 251, the amount of duty payable in respect of the grant or
transfer of such a licence is assessed before 1 January 2009,
this Act applies to
and in relation to the grant or transfer of the licence as if the Duties
Legislation Amendment Act 2008 Part 2 Division 2
Subdivision 2 had not come into operation.
(3) When this clause
uses a term that is used in Chapter 5, the term has the same meaning in
this clause as it has in Chapter 5.
Division 3 — Provisions for Duties Legislation Amendment
Act 2008 Part 2 Division 2 Subdivision 3
30 . Residential property and business property
and assets
(1) A provision of
this Act as enacted before being amended or repealed by the Duties Legislation
Amendment Act 2008 Part 2 Division 2 Subdivision 3
continues to apply in respect of a transaction that takes place before
1 July 2010.
(2) A reference in
this section to the time when a transaction takes place is a reference to the
time that —
(a) is
applicable under section 19(1); or
(b)
would have been applicable under section 19(1) if the transaction had
been chargeable with transfer duty.
Defined Terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined Term Provision(s)
A
44(2)
accident insurance 206
acquirer
171(2), 175
acquisition
165
acquisition statement 199
additional insurance 210(2)
affected entity
259(1)
agreement by instalments
33(1)
authorised trustee corporation 63
B
44(2)
bankruptcy trustee
108(1)
beneficiary 43(4)
business asset
79
business identity
79
business licence 79, 277(1)
C
49(1)
call option 44(1), 177(1)
cancelled transaction 107(1)
caravan
228
caveat 278(1)
charitable
organisation 228
chattel
3
child 128(1)
chosen entity
125(2)
circuit layout right 79
commodities 79
Commonwealth Act
121
company A 12(3)
company B
12(3)
company C 12(4)
complying approved deposit fund 121
complying
superannuation fund 121
concessional rate
9
concessional transaction
147(1)
conditional agreement 9
consideration
3, 9, 135(3)
contingent consideration
32(1)
continuing proprietor or proprietors
45(1), 178(3)
contract of insurance
206, 208
controlling entity 264(1)
corporate
consolidation 259(1)
corporate trustee
3
corporation 3, 171(1)
Corporations Act 3
corresponding State law
228
court 3
de facto partner
of 2 years 9
de facto partners of
2 years 9
de facto relationship
62(2), 128(1)
de facto relationship instrument
128(1)
de facto relationship property
128(1)
dealer 228
declaration of trust
9
dependent transaction
274(1)
director 3
Director General
228
discretionary trust 3
disposition 9, 63
distributed value
194(4)
distribution 139(1)
dormant
corporation 42(6)
duplicate
3
dutiable property 3, 15, 70
dutiable
transaction 3, 11(1)
dutiable transactions
11(2)
dutiable value 9, 231
duties Act 3
duty 3,
9, 148, 206, 228, 273(1)
duty endorsed 3, 272(1),
272(2), 272(3)
earlier acquisition 190(2)
earlier
instrument Sch. 3, cl. 10(1)
eligible rollover
fund 121
entitled 3
entitlement value 194(4)
entity
9, 102(3), 148, 257(1)
exempt body 3
exempt family farm transaction 99(1)
exempt
transaction 9
exemption
257(1)
exemption application 262(1)
exploration amount 9
family
257(1)
Family Court Act 9
Family Law Act
128(1)
family member
99(1)
farm-in agreement 9
farming land
99(1)
farming land conditional agreement
9
farming property 99(1)
FHOG Act
141(1)
FHOG concessional transaction
141(1)
financial services licensee
206
first acquisition 174(1)
first agreement
42(8)
first business
81(5)
first dutiable transaction 35, 47, 51
first FHOG concessional transaction 141(1), 142(2)
first transaction 104
flag lifting agreement
128(1)
foreign tax
268(1)
franchise arrangement 79
franchisee
79
franchisor 79
further FHOG
concessional transaction 141(1)
general
conditional agreement 9
general insurance
206
General insurance 209(1),
209(2)
general insurer 206, 214
general rate
3
grant 228
GST
3
head entity 259(1)
heavy
vehicle 228
insured person
223(1)
insurer 206
intellectual property
79
interest 148
interest in a discretionary trust 9
intermediary
206
interstate duty
206
intervening transactions 42(8)
land
3, 148
landholder 148
landholder duty 3
licence
228, 230(2), 230(3)
life insurance 206
linked entity 148, 156(2)
listed corporation
148
listed landholder
148
listed unit trust scheme 148
local government
3
lodge 3
lot
96
main entity 156(1)
major
holder 264(1)
majority shareholder
3
managed investment scheme 9
matrimonial instrument 128(1)
matrimonial property
128(1)
merging corporations
12(4), 12(5)
mining tenement 3
mining tenement conditional agreement 9
motor
vehicle 228
new dutiable property
9, 17(1), 17(2)
new record 273(3)
new transaction 25(2)
new trustee
119(1)
new vehicle 228
nominal duty
3
notifiable event
264(1), 264(2), 264(3)
offshore risk insurance 206
off-the-plan conditional agreement 9
old
partnership 77(4)
old public unit trust
119(1)
option property 44(1)
optional feature 231
order
3
original agreement 25(2)
original equipment 239(2)
original transfer
120(1)
parent entity 257(1)
partially exempt acquisition 172(2)
partnership
3
partnership acquisition
9
partnership interest 9
person
154(1)
person liable to pay duty
9
plant breeder right 79
pooled
superannuation trust 121
premium
206, 211
prescribed 3
prescribed
financial market 3
pre-section 270 decision
request 269(1)
pre-transaction decision request
261(1)
primary production
3
property 122(2)
proprietor
45(2)
proprietor of a business
178(1)
public authority 3
purchase price
231
put option 44(1), 177(1)
registered insurer 206
registered scheme
3
registrar 276(2), 278(1)
related corporation 3
related person
79, 161, 201(1)
related transaction
274(1)
relevant acquisition 148, 163, 164, Sch. 3,
cl. 1(1)
relevant consolidation transaction
257(1), 259(2), 259(3), 259(4)
relevant entity
126(1)
relevant interest 177(1)
relevant period
29(3), 193(1), 194(6), 201(2)
relevant person
154(2)
relevant reconstruction transaction
257(1), 260(1), 260(2), 260(3), 260(4)
relevant
transaction 257(1)
relevant transfer
125(1)
replacement transaction
107(1)
representative 206
required duty
273(1)
residence 96
responsible entity 119(1)
responsible person
264(1)
restraint of trade arrangement
79
retiring partner 78(1)
right 9
Road Traffic Act
228
scheme 267(1)
scheme property
9
second dutiable transaction
35, 47, 51
section 270 decision 269(1)
security 257(1)
security holder
259(4)
security interest 3
share
3, 63
significant interest
161
simultaneous put and call option 9,
177(1)
special dutiable property 9, 18
specialised
equipment 231
specialised vehicle
231
splitting agreement 128(1)
Stamp Act reference
Sch. 3, cl. 28(1)
stamp duty
Sch. 3, cl. 5(3)
subdivision conditional agreement
9
subsale transaction 107(1)
subsequent
transaction 104
subsidiary
257(1)
superannuation agreement 128(1)
superannuation fund 121, 125(1), 128(1)
superannuation interest 128(1)
supply
3
surplus property 148
surrender 9
taker in default
9
tax avoidance scheme 268(2)
Taxation Administration Act 3
terminated on
relevant grounds 9
trailer
228
transaction 3
transaction group
257(1)
transaction record 3
transfer 9
transfer duty
3
transfer duty statement 3
transferee
99(1), 141(1)
transferor
99(1), 122(1), 173(1)
transfers 42(8)
trust
acquisition 9
trust surrender
9
trustee 118(1), 122(1)
unconditional
9
unencumbered value
9, 36(1), 148
unlisted corporation 63
vehicle
228, 230(1)
vehicle licence duty
3
vehicle A 239(1)
vehicle B 239(1)
Western Australian business
9, 79
Western Australian business asset
9, 79
wound up 3