Western Australia: Duties Act 2008 (WA)

Western Australia Duties Act 2008 Western Australia Duties Act 2008 Contents Chapter 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used M, MC 1 3A. Term used: land 1 4. Relationship with Taxation Administration Act 2003 1 5. GST, effect of on value or consideration 1 6. Determining family relationships 1 7. References to being wound up 1 8. Notes in text 1 Chapter 2 — Transfer duty Part 1 — Preliminary 9. Terms used 1 Part 2 — Imposition of transfer duty 10. Transfer duty imposed 1 Part 3 — Dutiable transactions and dutiable property Division 1 — Dutiable transactions 11. Dutiable transaction 1 12. Vesting of property by statute law 1 14. Transactions as to chattels alone not usually dutiable 1 Division 2 — Dutiable property 15. Dutiable property 1 16. References to right 1 17. New dutiable property 1 18. Special dutiable property 1 18A. Things fixed to land that are to be permanently removed 1 Part 4 — Collection of transfer duty Division 1 — Liability for transfer duty 19. When liability for duty arises 1 20. Who is liable to pay duty 1 21. Joint tenants to be treated as tenants in common in equal shares 1 Division 2 — Lodging transaction records 22A. Terms used 1 22. Transfer duty statement to be made if no instrument 1 23. Instrument or statement for dutiable transaction, duty to lodge 1 24. Form of dutiable transaction 1 Division 3 — Payment of transfer duty 25. When duty must be paid 1 Division 4 — Rate of transfer duty 26. Rate of transfer duty 1 Division 5 — Dutiable value Subdivision 1 — Dutiable value 27. Dutiable value of dutiable transactions, unless otherwise provided 1 28. Dutiable value of certain dutiable transactions 1 29. Dutiable value of certain dutiable transactions relating to corporation or unit trust scheme property on winding up 1 Subdivision 2 — Consideration 30. Consideration for dutiable transaction 1 31. Changes to consideration before transfer, consequences of 1 32. Contingent consideration not paid, consequences of 1 33. Agreement by instalments determined before final payment, consequences of 1 34. Options conferred by dutiable transactions that are exercised or not renewed, consequences of 1 35. Option to acquire dutiable property, duty paid on to be credited 1 Subdivision 3 — Unencumbered value 36. Determining unencumbered value of property 1 36A. Determining unencumbered value: fixtures and mining tenement fixtures 1 Subdivision 4 — Miscellaneous 37. Aggregation of dutiable transactions 1 38. Transactions as to dutiable and not dutiable property, duty on 1 39. Partitions of property, dutiable values in case of 1 40. Exchanges of dutiable property, duty on 1 Division 6 — No double duty 41. No double duty — general 1 42. No double duty — particular dutiable transactions 1 43. Persons related to purchaser for s. 42(2)(a) 1 Division 7 — Interim assessment of transfer duty 44A. Interim assessment of transfer duty 1 Part 5 — Application of this Chapter to certain transactions Division 1 — Simultaneous put and call options Subdivision 1 — Terms used in this Division 44. Terms used 1 Subdivision 2 — Simultaneous put and call options 45. Call option of simultaneous put and call option to be taken to be agreement for transfer of option property 1 46. Simultaneous put and call option, dutiable value of 1 47. Dutiable transaction referred to in s. 45, duty paid on to be credited 1 48. Simultaneous put and call option not exercised or assigned, consequences of 1 Subdivision 3 — Assignment of call option 49. Assignment of call option to be taken to be agreement for transfer of option property 1 50. Assignment of call option, dutiable value of 1 51. Dutiable transaction referred to in s. 49, duty paid on to be credited 1 52. Assigned call option not exercised or further assigned, consequences of 1 Division 2 — Discretionary trust acquisitions and surrenders Subdivision 1 — Terms used in this Division 53. References to partnership or trust holding property 1 54. References to taker in default 1 55. References to trust acquisition 1 56. References to trust surrender 1 57. When discretionary trust holds indirect interest in dutiable property 1 Subdivision 2 — Trust acquisitions and trust surrenders 58. When person acquires interest in discretionary trust 1 59. Trust acquisition or trust surrender, dutiable value of 1 60. References to interest in discretionary trust of taker in default 1 61. Taker in default's interest, value of for s. 59(b) 1 62. When trust acquisition or trust surrender is not dutiable transaction 1 Division 3 — Corporate trustees Subdivision 1 — Terms used in this Division 63. Terms used 1 64. References to trustee of discretionary trust holding property 1 65. References to corporate trustee 1 66. When corporate trustee holds indirect interest in dutiable property 1 Subdivision 2 — Disposition of shares in a corporate trustee 67. Share disposition taken to be agreement for transfer of trust property 1 68. Transaction referred to in s. 67, dutiable value of 1 69. Person liable to pay duty on disposition of share 1 Division 4 — Partnerships Subdivision 1 — Terms used in this Division 70. Term used: dutiable property 1 71. References to partnership or trust holding property 1 72. References to partnership acquisition 1 73. When partnership holds indirect interest in property 1 74. References to partner's partnership interest 1 Subdivision 2 — Acquiring partnership interests 75. When person acquires partnership interest 1 76. Partnership acquisition, dutiable value of 1 77. Partnership interest, value of for s. 76(b) 1 78. Dutiable value of transfer of dutiable property to retiring partner 1 78A. Certain retained property taken to be transferred to retiring partner 1 Division 5 — Western Australian business assets Subdivision 1 — Terms used in this Division 79. Terms used 1 Subdivision 2 — Particular transactions involving business assets 80. Some transactions involving business licences to be taken to be agreements for transfer 1 81. Transactions for particular WA business assets that are not dutiable transactions 1 Subdivision 3 — Dutiable value of dutiable transactions for business assets 82. Dutiable transaction for business asset, dutiable value of 1 83. Certain business licences required by Cwlth law, dutiable value of for s. 82(a) 1 84. Business licences required by WA law, dutiable value of for s. 82(b) 1 85. Dutiable value of business asset where principal place of business is in WA 1 86. Dutiable value of business asset where principal place of business is out of WA 1 Division 6 — Conditional agreements 87. References to conditional agreement 1 88A. General conditional agreements, no duty on if terminated on relevant grounds 1 88. References to farming land conditional agreement 1 89. References to mining tenement conditional agreement 1 90. References to issue of title conditional agreement 1 91. References to subdivision conditional agreement 1 Division 7 — Rights relating to fixed infrastructure 91A. Terms used 1 91B. Some transactions involving fixed infrastructure statutory licences to be taken to be agreements for transfer 1 91C. Which transactions as to fixed infrastructure access rights and fixed infrastructure statutory licences are dutiable 1 91D. Dutiable value of fixed infrastructure statutory licences 1 Division 7A — Prospecting licences and related dutiable property 91DA. Transactions as to prospecting licences or related dutiable property alone not usually dutiable 1 Division 8 — Derivative mining rights 91E. Agreement for transfer of mining tenement conditional on grant of derivative mining right to transferor 1 91F. Agreement for transfer of mining tenement conditional on grant of derivative mining right to current right holder 1 91G. Transfer or agreement for transfer of mining tenement to holder of derivative mining right 1 91H. Acquisition of derivative mining right substantially the same as was held in relation to previous mining tenement 1 91I. Failure to grant, or surrender of, derivative mining right after transfer of mining tenement 1 Division 9 — Farm‑in agreements and farm‑in transactions Subdivision 1 — Preliminary 91J. Introduction to Division 1 91K. Terms used 1 Subdivision 2 — Explanation of farm‑in agreements, farm‑in transactions and related concepts 91L. Farm‑in agreements and concessional farm‑in transactions 1 91M. Farm‑in transactions and other concepts 1 91N. Exploration requirement and exploration amount 1 Subdivision 3 — Treatment of farm‑in agreements and farm‑in transactions for duty purposes 91O. Consideration 1 91P. General rules relating to charging of duty 1 91Q. Changes to consideration 1 91R. No double duty 1 Subdivision 4 — Variations and other events affecting farm‑in agreements and farm‑in transactions 91S. Farm‑in transaction added to farm‑in agreement 1 91T. Variation to farm‑in transaction 1 Subdivision 5 — Other provisions 91U. Farm‑in transactions relating to prospecting licences 1 91V. Treatment of certain options under farm‑in agreements 1 91W. Derivative mining right granted for purposes of exploration requirement for farm‑in transaction 1 Part 6 — Exemptions, nominal duty and concessions Division 1 — Exemptions Subdivision 1 — Exemptions for public and governmental purposes 92. Public authorities, declaration of as exempt bodies 1 93. Transactions for which exempt body would be solely liable 1 94. Transactions for which exempt body and another party would be liable, duty reduction for etc. 1 95. Transactions for charitable etc. purposes 1 96A. What is a relevant body 1 96B. Application for a beneficial body determination 1 96C. Beneficial body determination 1 Subdivision 2 — Certain transactions between spouses or de facto partners 96. Terms used 1 97. Some transactions between spouses or de facto partners 1 98. Application for exemption under this Subdivision 1 Subdivision 3 — Family farm transactions 99. Terms used 1 100. References to family member 1 101A. References to primary production 1 101. References to transferee 1 102. References to exempt family farm transaction 1 102A. Related entities for s. 102 1 103. Exempt family farm transactions, exemption for 1 104. No exemption for subsequent transactions for same farming property within 5 years 1 105. Subsequent liability to duty in certain circumstances 1 106. Application for exemption under this Subdivision 1 Subdivision 4 — Other exempt transactions 107. Cancelled transactions 1 108. Bankruptcy transactions 1 109. Transfer etc. to foreign country's representative etc. 1 110. Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cwlth) Part 4 transactions 1 111. Special disability trust transactions 1 112. Some transactions under other Acts 1 113. Transactions effected by matrimonial instrument or de facto relationship instrument 1 113A. Certain incorporated association transactions 1 Division 2 — Nominal duty Subdivision 1 — Certain trust transactions 114. Some transfers etc. on vesting or termination of discretionary trust 1 115. Some transfers etc. on exercise of power of appointment by trustee of discretionary trust 1 116. Some transfers etc. of dutiable property to beneficiary 1 117. Transactions involving apparent purchaser 1 118. Transfers to and from bare trustee 1 118A. Transfers to and from bare trustee: failure to lodge subsequent transfer 1 119. Transactions related to changes in trustees and managed investment schemes 1 120. Transfer by way of security 1 Subdivision 1A — Transfers to facilitate subdivision of land 120A. Transfers to facilitate subdivision of land 1 120B. Land retained by transferee following transfer to facilitate subdivision 1 120C. Transfers to facilitate subdivision: failure to lodge subsequent transfer within 5 years 1 120D. Subdivisions of land excluded from s. 120A and 120B 1 120E. References to transfer of land back to person 1 Subdivision 2 — Certain superannuation transactions 121. Terms used 1 122. Relevant superannuation transactions for consideration 1 123. Subsequent liability in certain circumstances 1 124. Some transfers etc. of dutiable property to superannuation fund without consideration 1 125. Transfer from one superannuation fund to another 1 126. Some transfers etc. of dutiable property between trustees and custodians of superannuation funds 1 127. Some transfers etc. of dutiable property from superannuation fund to member, dependant or representative 1 Subdivision 3 — Transactions related to the break‑up of a marriage or de facto relationship 128. Terms used 1 129. References to matrimonial instrument 1 130. References to de facto relationship instrument 1 131. Transactions in accordance with matrimonial instrument or de facto relationship instrument 1 132. Reassessment of transaction if s. 131 becomes applicable 1 133. Evidence as to marriage or de facto relationship 1 Subdivision 4 — Other transactions 134. Some transfers etc. of certain lots under planning scheme 1 136. Business licences held under Fish Resources Management Act 1994 1 137. Transfers etc. to change joint tenancy to tenancy in common etc. 1 138. Transactions to correct clerical errors in previous dutiable transactions 1 139. Some transactions involving deceased estates 1 139A. Some transfers and vestings under orders made under Guardianship and Administration Act 1990 1 140. Prescribed dutiable transactions 1 Division 3 — First home owner concessions 141. Terms used 1 142A. Concessional first home owners 1 142. First home owner concessional transactions 1 143. First home owner concessional rate of duty 1 144. Application for first home owner concessional rate of duty 1 145. Subsequent liability in certain circumstances 1 146. Other provisions about first home owner concessions 1 Division 4 — Residential or business concessions 147. Concessional rates for transactions referred to in Stamp Act 1921 s. 75AE 1 Chapter 3 — Landholder duty Part 1 — Preliminary 148. Terms used 1 149. Determining entitlement to land assets and chattels 1 149A. Determining entitlement to land assets: fixtures and mining tenement fixtures 1 150. Unencumbered value of land assets or chattels 1 Part 2 — Imposition of landholder duty 151. Landholder duty imposed 1 Part 3 — Certain key concepts defined and related provisions 152. References to entity 1 153. References to interest in landholder or other entity 1 153A. References to interest in, or held by, trustee of discretionary trust 1 153B. References to interest in, or held by, partnership 1 154. Calculating interest in entity 1 154A. Calculating total direct or indirect interest in entity 1 154B. Determining interest in entity: uncompleted agreements 1 Part 4 — Landholders to which this Chapter applies 155. Which entities are landholders 1 156. Which entities are linked to an entity 1 156A. Linked entities: acquisitions forming one arrangement 1 157. Value of land assets of linked entity for s. 155 1 Part 5 — Acquisitions to which this Chapter applies Division 1 — Means by which interest acquired 160. How person acquires interest in entity 1 160A. Acquisition of interest by merger of corporations 1 Division 2 — Relevant acquisitions of interests in landholders Subdivision 1 — Definitions 161. Term used: significant interest 1 162. Related persons for s. 163 1 Subdivision 2 — Relevant acquisitions 163. Relevant acquisitions 1 Subdivision 3 — Exempt acquisitions 165. Term used: acquisition 1 166. Effect of acquisition being exempt 1 167. Exemption or reduction of duty if nominal duty would be chargeable on transfer 1 168. Exemption or reduction of duty if transfer duty would not be chargeable 1 169. Exemption if acquisition is dutiable under s. 67 1 170. Exemption relating to approved arrangements with creditors under Corporations Act 1 171. Exemption of acquisition by family member of interest in landholder engaged in primary production 1 Subdivision 4 — Further provisions in respect of exemptions under section 171 172. Calculation of duty where some land assets of landholder not used for primary production 1 173. Reversal of exemption where certain changes made to discretionary trust 1 174. No exemption where interest transferred within 5 years 1 Part 6 — Collection of landholder duty Division 1 — Preliminary 175. Term used: acquirer 1 176. When acquisition occurs 1 177. Certain transactions to be treated as agreements 1 178. Exceptions to s. 177 1 Division 2 — Liability 179. Who is liable to pay duty 1 180. Application to Commissioner for determination of liability 1 181. Determination of s. 180 application 1 182. Powers of Commissioner where further information required for determination of s. 180 application 1 Division 3 — Payment of landholder duty 183. When landholder duty must be paid 1 Division 4 — Rates of landholder duty 184. Rates of landholder duty 1 Division 5 — Calculation of landholder duty 185. References to interest of acquirer in landholder 1 186. Value of landholder 1 187. Determining value of further interest for duty calculation 1 188. Calculating duty payable 1 189. Reduction for s. 188 1 193. Calculation of duty where statement lodged under s. 201 1 194. Calculation of duty on certain acquisitions on winding up of corporation or unit trust scheme 1 Division 6A — Interim assessment of landholder duty 195A. Interim assessment of landholder duty 1 Division 6 — Assessment or reassessment of liability for landholder duty if uncompleted agreements terminated or completed 195B. Assessment of duty where s. 149(1) or 154B applied at acquisition time 1 195C. Assessment of duty where s. 176(2) applied at acquisition time 1 195. Reassessment of duty where s. 149(1) or 154B applied 1 196. Reassessment of duty where s. 176(2) applied 1 197. Condition precedent to reassessment under s. 195 or 196 1 197A. Expired put and call options taken to be terminated 1 198. Taxation Administration Act not affected 1 Division 7 — Lodgment of statements 199. Term used: acquisition statement 1 200. Acquisition statement or agreement to be lodged 1 201. Acquisition of further interests, lodgment of periodical statements may be approved 1 202. Lodgment obligations if s. 201 application refused 1 203. Form of acquisition statements 1 204. Failure to lodge acquisition statement 1 Part 7 — Application of this Chapter to certain acquisitions Division 1 — Rights relating to fixed infrastructure 204A. When fixed infrastructure access rights are taken into account in determining entitlement to land assets 1 204B. When fixed infrastructure statutory licences are treated as land assets in calculating duty 1 204C. Unencumbered value of fixed infrastructure statutory licences treated as land assets 1 204D. Associated entities for s. 204A and 204B 1 Division 2 — Derivative mining rights 204E. Unencumbered value of mining tenement subject to derivative mining right 1 Division 3 — Acquisitions forming one arrangement 204F. Acquisitions in 2 or more entities forming one arrangement 1 204G. Modified application of s. 176 if entity becomes landholder because of acquisitions forming one arrangement 1 204H. Reassessment of landholder duty if amount of duty chargeable changes because of acquisitions forming one arrangement 1 Chapter 3A — Additional duty for foreign persons Part 1 — Preliminary 205A. Terms used 1 205B. Associate 1 205C. Foreign corporation 1 205D. Foreign trust 1 205E. Residential property 1 Part 2 — Foreign transfer duty Division 1 — Preliminary 205F. Terms used 1 Division 2 — Imposition of foreign transfer duty 205G. Foreign transfer duty imposed 1 Division 3 — Foreign dutiable transactions 205H. Foreign dutiable transaction 1 205I. New residential property 1 Division 4 — Collection of foreign transfer duty 205J. When liability for duty arises 1 205K. Who is liable to pay duty 1 205L. Joint tenants to be treated as tenants in common in equal shares 1 205M. Foreign transfer duty declaration to be lodged 1 205N. When duty must be paid 1 205O. Rate of foreign transfer duty 1 205P. Dutiable value 1 205Q. No double foreign transfer duty 1 205R. Interim assessment of foreign transfer duty 1 205RA. Foreign transfer duty on deemed transaction under s. 120B(2) 1 Division 5 — Application of Chapter 2 Part 5 to certain transactions 205S. Application of Chapter 2 Part 5 to foreign dutiable transactions 1 205T. References to residential trust acquisition 1 205U. References to residential trust surrender 1 205V. Dutiable value of residential trust acquisition or residential trust surrender 1 205W. Share disposition taken to be agreement for transfer of trust property 1 205X. References to residential partnership acquisition 1 Division 6 — Exemptions and reassessment Subdivision 1 — Exempt transactions 205Y. Transactions on which minimum, nominal or no transfer duty payable 1 205Z. Transactions relating to agreements for transfer of residential property 1 Subdivision 2 — Exemptions relating to construction, refurbishment and subdivision 205ZA. Exemption relating to construction or refurbishment of 10 or more dwellings 1 205ZB. Exemption relating to subdivision for purpose of constructing 10 or more dwellings 1 Subdivision 3 — Reassessment 205ZC. Reassessment 1 Part 3 — Foreign landholder duty Division 1 — Preliminary 205ZD. Terms used 1 Division 2 — Application of Chapter 3 205ZE. Application of Chapter 3 1 Division 3 — Imposition of foreign landholder duty 205ZF. Foreign landholder duty imposed 1 Division 4 — Residential landholders to which this Part applies 205ZG. Which entities are residential landholders 1 Division 5 — Acquisitions to which this Part applies 205ZH. Foreign landholder acquisitions 1 Division 6 — Collection of foreign landholder duty 205ZJ. Rate of foreign landholder duty 1 205ZK. Calculation of foreign landholder duty where landholder duty calculated under s. 193 1 205ZKA. Modified application of s. 176 if entity becomes residential landholder because of acquisitions forming one arrangement 1 Division 7 — Interim assessment of foreign landholder duty 205ZL. Interim assessment of foreign landholder duty 1 Division 8 — Exemptions and reassessment Subdivision 1 — Exempt acquisitions 205ZM. Exemption or reduction of foreign landholder duty if foreign transfer duty would not be chargeable 1 205ZN. Exemption for certain acquisitions treated as made under agreement referred to in s. 176(2) 1 Subdivision 2 — Exemptions relating to construction, refurbishment and subdivision 205ZO. Exemption relating to construction or refurbishment of 10 or more dwellings 1 205ZP. Exemption relating to subdivision for purpose of constructing 10 or more dwellings 1 205ZQ. Calculation of duty where some land of landholder not part of parcel of land 1 Subdivision 3 — Reassessment 205ZR. Reassessment 1 Division 9 — Lodgment of declaration 205ZS. Foreign landholder duty declaration to be lodged 1 205ZT. Failure to lodge foreign landholder duty declaration 1 Chapter 4 — Insurance duty Part 1 — Preliminary 206. Terms used 1 Part 2 — Imposition of insurance duty 207. Insurance duty imposed 1 208. Contract of insurance 1 209. General insurance 1 210. Additional insurance in life insurance policy is general insurance 1 211. Premium 1 212. When premium paid 1 Part 3 — Collection of insurance duty Division 1 — Liability 213. Who is liable to pay duty 1 214. General insurer 1 Division 2 — Amount of insurance duty 215. Amount of duty payable 1 216. Policies effecting general insurance and other insurance, duty on 1 Division 3 — Insurers 217. General insurers to apply to be registered 1 218. Registration of general insurers 1 219. Return period of registered insurer 1 220. Registered insurers to lodge returns 1 221. Time for payment of duty by insurers 1 222. Cancelling registration of general insurers 1 Division 4 — Insured persons 223. Some insured persons to lodge statements 1 224. Time for payment of duty by insured persons 1 Part 4 — General provisions as to insurance duty 225. Insurer and intermediary to notify Commissioner of contracts of insurance 1 226. Refunds of duty if premium refunded 1 227. Records to be kept 1 Chapter 5 — Vehicle licence duty Part 1 — Preliminary 228. Terms used 1 Part 2 — Imposition of vehicle licence duty 229. Vehicle licence duty imposed 1 230. Vehicle and licence 1 Part 3 — Collection of vehicle licence duty Division 1 — Preliminary 231. Terms used 1 Division 2 — Liability 232. Who is liable to pay duty 1 Division 3 — Assessment and payment of vehicle licence duty 233. Assessment of duty 1 234. Applicant for licence to state dutiable value of vehicle etc. 1 235. Payment of duty 1 Division 4 — Amount of vehicle licence duty 236. Amount of duty payable 1 Division 5 — Dutiable value of a vehicle 237. Certain new vehicles, dutiable value of 1 238. Certain other vehicles, dutiable value of 1 239. Specialised vehicles, dutiable value of 1 Part 4 — Exemptions and nominal duty Division 1 — Exemptions — general 240. If no vehicle licence fee payable under Vehicles Act 1 241. If transfer is a reconstruction transaction 1 242. If vehicle previously licensed to licence holder 1 243. If licence is for certain heavy vehicle 1 244A. If transfer is between spouses or de facto partners 1 244B. If agreement for purchase of vehicle is terminated or vehicle is returned 1 244. If licence is for prescribed class of person or vehicle etc. 1 Division 2 — Exemptions — motor vehicle dealers 245. Use of vehicle includes for minor incidental purposes 1 246. If licence is for vehicle in dealer's trading stock, demonstrator vehicle or service demonstrator vehicle 1 247. If licence is for vehicle used for charitable etc. purposes 1 248. Change of permitted use of exempt vehicle, Commissioner to be notified 1 249. Change of use of exempt vehicle to non‑permitted use, consequences of 1 Division 3 — Nominal duty 250. Transactions chargeable with nominal duty 1 Part 5 — General provisions as to vehicle licence duty 251. Failure to apply for transfer of licence 1 252. Seller to state dutiable value of vehicle etc. 1 253. Functions of CEO and Commissioner 1 254. Form of certain declarations 1 255. CEO's duties 1 256. Records to be kept by dealers 1 Chapter 6 — Certain exemptions for connected entities 257. Terms used 1 258. Members of family 1 259. Relevant consolidation transaction 1 260. Relevant reconstruction transaction 1 260A. Consideration provided as loan 1 261. Predetermining certain questions 1 262. Application for exemption 1 263. Grant of exemption 1 264. Commissioner to be notified of certain events after exempt relevant transaction 1 264A. Automatic revocation of exemption 1 265. Revocation of exemption by Commissioner 1 266. Liability for duty and tax if exemption revoked 1 266A. Reduction of duty following automatic revocation or refusal of exemption 1 266B. Reduction of duty following automatic revocation or refusal of exemption resulting from relevant acquisition 1 266C. Property in relation to which landholder duty taken to be chargeable for s. 266B 1 266D. Application of s. 266B and 266C to foreign transfer duty and foreign landholder duty 1 Chapter 6A — Off‑the‑plan concession for transfer duty and foreign transfer duty 266E. Terms used 1 266F. Concessional pre‑construction agreement 1 266FA. Concessional under construction agreement 1 266G. New residential unit or apartment 1 266H. Concession day for agreement 1 266I. Unadjusted duty amount for agreement 1 266J. Determining when development for subdivision of land commences and is completed 1 266K. Reduction of duty on concessional off‑the‑plan agreement 1 266L. Concession amount 1 266M. Concession amount for concessional off‑the‑plan agreement relating to 2 or more properties 1 266N. Aggregation of transactions 1 266O. Application for off‑the‑plan concession 1 Chapter 7 — General anti‑avoidance provisions 267. Term used: scheme 1 268. Tax avoidance scheme M, MC 1 269. Deciding whether proposed scheme would be disregarded under s. 270 1 270. Certain tax avoidance schemes, Commissioner may disregard 1 271. Statement in relation to determination 1 Chapter 8 — Other general provisions Part 1 — Duty endorsement 272. Duty endorsed 1 273A. Duty endorsement: electronic conveyancing instruments 1 273. Endorsing transaction records as to duty paid etc. 1 274. Endorsement of duty that depends on duty paid on another transaction 1 275. Duty endorsement is evidence of certain matters 1 Part 2 — Enforcement 276. Dutiable transactions etc. not to be registered etc. unless duty endorsed 1 277. Business licences not to be registered etc. unless duty endorsed or instrument lodged 1 278. Caveat as to dutiable transaction not to be registered unless transaction is duty endorsed or lodged 1 279. Use of transaction records in civil proceedings 1 280. Unlodged instruments, duty of non‑party to lodge 1 Part 3 — Miscellaneous 281. Transaction records etc., Commissioner's power to destroy 1 282. Correction of errors 1 283. Amounts expressed in foreign currency 1 284. Application of Corporations Act s. 1070A(1)(a) limited 1 285. Regulations 1 286. Transitional provisions (Sch. 3) 1 Schedule 1 — When liability for transfer duty on a dutiable transaction arises and the person liable to pay it Schedule 2 — Rates of transfer duty Division 1 — General rate Division 2 — Concessional rates Division 3 — Nominal duty Schedule 3 — Transitional provisions Division 1 — Provisions for Duties Act 2008 Subdivision 1 — Preliminary 1. Terms used 1 Subdivision 2 — Provisions for Chapter 2 2. When Ch. 2 starts to apply 1 3. No double duty 1 4. Alteration of consideration (s. 31) 1 5. Aggregation (s. 37) 1 6. Exchanges (s. 40) 1 7. Exempt bodies (s. 92) 1 8. Family farm transactions (s. 104 and 105) 1 9. Matrimonial and de facto relationship instruments (s. 129, 130) 1 10. First home owners (Part 6 Div. 3) 1 Subdivision 3 — Provisions for Chapter 3 11. When Ch. 3 starts to apply 1 12. Acquisitions under an agreement made before 1 July 2008 1 Subdivision 4 — Provisions for Chapter 4 14. Terms used 1 15. When Ch. 4 starts to apply 1 16. Registration 1 Subdivision 5 — Provisions for Chapter 5 17. Terms used 1 18. When Ch. 5 starts to apply 1 19. New vehicles (s. 228) 1 20. Specialised vehicles (s. 239) 1 21. Approval of philanthropic purposes (s. 247) 1 22. Transfer of vehicles, nominal duty on (s. 250) 1 23. Statements made under Stamp Act 1921 s. 76H (s. 252) 1 Subdivision 6 — Provisions for Chapter 7 24. When Ch. 7 starts to apply 1 Subdivision 7 — General 25. Some references to duty include stamp duty 1 26. Application of some Ch. 8 provisions 1 27. Regulations 1 28. Stamp Act 1921, references to 1 Division 4 — Provisions for Revenue Laws Amendment Act 2010 section 5 31. Terms used 1 32. Certain relevant reconstruction transactions 1 Division 5 — Provisions for Duties Amendment Act (No. 2) 2011 33. Term used: relevant period 1 34. When transfer duty deemed to arise in certain cases 1 35. When landholder duty deemed to arise in certain cases 1 Division 6 — Provisions for Revenue Laws Amendment Act 2013 Part 2 36. Interim assessments 1 Division 7 — Provisions for Taxation Legislation Amendment Act 2015 37. Terms used 1 38. Duty on certain relevant acquisitions 1 Division 8 — Provisions for Duties Amendment (Additional Duty for Foreign Persons) Act 2018 39. Terms used 1 40. When Ch. 3A Pt. 2 starts to apply 1 41. Agreements entered into before 1 January 2019 1 42. Declaration of trusts made before 1 January 2019 1 43. Other transactions before 1 January 2019 1 44. When Ch. 3A Pt. 3 starts to apply 1 45. Application of some Ch. 8 provisions 1 Division 9 — Provisions for Revenue Laws Amendment Act 2019 46. Terms used 1 47. Application of amendments made by Revenue Laws Amendment Act 2019 1 48. Definition of land taken always to have included pastoral leases 1 49. Validation of administration agreements entered into before commencement day 1 50. Transfers of vehicle licences between spouses between 1 July 2014 and commencement day 1 51. Provisions relating to exemptions for connected entities 1 52. Provisions about validated assessments 1 53. Application of s. 195B and 195 to acquisitions before commencement day 1 54. Provisions about derivative mining rights 1 Division 10 — Provisions relating to Duties Amendment Act 2022 55. Terms used 1 56. Application of amendments made by Duties Amendment Act 2022 Part 2 1 57. Validation of certain reassessments and refunds of vehicle licence duty by CEO before commencement day 1 58. Application of amendments made by Duties Amendment Act 2022 Part 3 1 59. Provisions relating to residential concession 1 Division 11 — Provisions for Duties Amendment (Farm in Agreements) Act 2022 Subdivision 1 — Preliminary 60. Terms used 1 61. Assessments 1 Subdivision 2 — Provisions relating to Chapter 2 Part 5 Division 9 62. Application of section 91K(2) 1 63. Application of Chapter 2 Part 5 Division 9 1 Subdivision 3 — Deemed section 13 farm‑in agreements 64. Certain agreements taken to be farm‑in agreements under section 13 1 65. Variations and other events affecting section 13 farm‑in agreements 1 Subdivision 4 — Ongoing application of Act in relation to section 13 farm‑in agreements 66. Act to apply in relation to section 13 farm‑in agreements as if sections 4 to 13 of amending Act not enacted 1 Subdivision 5 — Modifications of section 13 67. Restriction on activities regarded as exploration or development for purposes of section 13(2) 1 68. Commissioner may allow expenditure on administrative costs to be regarded as expenditure on exploration or development for purposes of section 13(2) 1 Subdivision 6 — Duty chargeable in relation to section 13 farm‑in agreements 69. Application of Schedule 1 to deemed section 13 farm‑in agreements 1 70. Section 13 farm‑in agreements: modified rules relating to charging of duty 1 71. Changes to consideration 1 72. No double duty: exploration amount 1 73. No double duty: mining tenements 1 74. No double duty: derivative mining rights 1 Division 12 — Provisions for Duties Amendment (Off‑the‑Plan Concession and Foreign Persons Exemptions) Act 2023 75. Terms used 1 76. Provisions relating to amendments to Chapter 3A 1 77. Provisions relating to Chapter 6A 1 Division 13 — Provisions for Duties Amendment (First Home Owner Concessions) Act 2024 78. Terms used 1 79. Relevant first home owner concessional transaction 1 80. Application of amended concession provisions 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Duties Act 2008 An Act dealing with the imposition of a number of kinds of duty. Chapter 1 — Preliminary 1. Short title This is the Duties Act 2008. 2. Commencement This Act comes into operation as follows: (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on 1 July 2008. 3. Terms used 1M, 1MC In this Act, unless the contrary intention appears — chattel does not include any of the following — (a) chattels that are stock‑in‑trade; (b) chattels held for use in manufacture; (c) chattels under manufacture; (d) chattels held or used in connection with the business of primary production; (e) livestock; (f) a vehicle the transfer or grant of a licence for which is chargeable with, or exempt from, vehicle licence duty; (g) a ship or vessel; (ga) a thing that is land to which section 3A(1)(f) applies; (h) any other chattel prescribed for the purpose of this definition; consideration means the amount of a monetary consideration or the value of a non‑monetary consideration; corporate trustee has the meaning given in section 65; corporation has the meaning given in the Corporations Act section 57A; Corporations Act means the Corporations Act 2001 (Commonwealth); court includes a tribunal; derivative mining right means an authorisation of a kind described in the Mining Act 1978 section 118A (whether or not the authorisation purports to be made under that section); director has the meaning given in the Corporations Act section 9; discretionary trust means — (a) a trust under which the vesting of the whole or any part of the capital of the trust property, or the whole or any part of the income from that capital, or both — (i) is required to be determined by a person either in respect of the identity of the beneficiaries, or the quantum of interest to be taken, or both; or (ii) will occur in the event that a discretion conferred under the trust is not exercised; or (b) a trust that is, by regulation, declared to be a discretionary trust for the purposes of this Act, but does not include — (c) a trust that is solely a charitable trust; or (ca) a unit trust scheme; or (d) a trust that is, by regulation, declared not to be a discretionary trust for the purposes of this Act; diversification lease has the meaning given in the Land Administration Act 1997 section 92B(1); diversification lessee has the meaning given in the Land Administration Act 1997 section 3(1); duplicate of a transaction record for a dutiable transaction means an executed instrument that wholly reproduces the transaction record; dutiable property has the meaning given in section 15; dutiable transaction has the meaning given in section 11; duties Act means this Act or the Taxation Administration Act; duty means duty under this Act; duty endorsed has the meaning given in section 272; entitled means — (a) in relation to a person as the trustee of a unit trust scheme or other trust — entitled for the purposes of the scheme or trust; and (b) otherwise — beneficially entitled; exempt body means — (a) the State of Western Australia; or (b) a public authority declared to be an exempt body under section 92; or (c) a local government, except when it acts in its capacity as the trustee of a superannuation fund; fixed infrastructure has the meaning given in section 91A; fixed infrastructure access right has the meaning given in section 91A; fixed infrastructure control right has the meaning given in section 91A; fixed infrastructure statutory licence has the meaning given in section 91A; foreign dutiable transaction has the meaning given in section 205H; foreign landholder duty means duty under Chapter 3A Part 3; foreign transfer duty means duty under Chapter 3A Part 2; general rate of duty means the rate set out in Schedule 2 Division 1; GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) except that it includes notional GST of the kind for which payments may be made under the State Entities (Payments) Act 1999 by a person that is a State entity as defined in that Act; industrial association means any of the following — (a) an organisation registered under the Industrial Relations Act 1979 section 53 or 54; (b) an association of employees, or an association of employers, registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009 (Commonwealth); (c) an association of employees registered or recognised as a trade union (however described) under the law of another State or a Territory; (d) an association of employers registered or recognised as such (however described) under the law of another State or a Territory; (e) an association of employees a principal purpose of which is the protection and promotion of the employees' interests in matters concerning their employment; land has a meaning affected by section 3A; landholder duty means duty under Chapter 3; lease does not include a strata lease; local government means — (a) a local government established under the Local Government Act 1995; or (b) a regional local government or regional subsidiary established under the Local Government Act 1995 Part 3 Division 4; or (c) an association constituted under the Local Government Act 1995 section 9.58; lodge means lodge with the Commissioner, and if the Commissioner has established procedures for the electronic lodgment and recording of data on dutiable transactions, includes to lodge in accordance with those procedures; majority shareholder, in relation to a corporation, means a person that would have a substantial holding in the corporation under the definition of substantial holding in the Corporations Act section 9 if the reference in that definition to 5% were a reference to 50%; mining tenement means any of the following — (a) a mining tenement held under the Mining Act 1978 being a mining tenement within the meaning of that Act or the Mining Act 1904 1; (b) a mining tenement or right of occupancy continued in force by the Mining Act 1978 section 5; nominal duty means the amount of duty referred to in Schedule 2 Division 3; order includes determination, judgment or decree; partnership has the meaning given in the Partnership Act 1895 section 7; pastoral lease has the meaning given in the Land Administration Act 1997 section 3(1); pastoral lessee has the meaning given in the Land Administration Act 1997 section 3(1); political party means a body or organisation, whether incorporated or unincorporated, having as one of its objects or activities the promotion of the election to the Parliament of the Commonwealth, or to a Parliament of a State or Territory, of a candidate or candidates endorsed by it or by a body or organisation of which it forms part; prescribed means prescribed by regulation; prescribed financial market means a financial market, as defined in the Corporations Act section 767A(1), that is prescribed for this definition; primary production has the meaning given in section 101A; professional association means a body or organisation, whether incorporated or unincorporated, having as one of its objects or activities the promotion of the interests of its members in any profession; promote trade, industry or commerce includes to carry out an undertaking a purpose of which includes the promotion of, or the advocacy for, trade, industry or commerce, whether generally or in respect of any particular kind of trade, industry or commerce; public authority means — (a) a trading concern, instrumentality or public utility of the State; or (b) any other person or body, whether corporate or not, who or which, under the authority of a written law, administers or carries on for the benefit of the State, a social service or public utility; public float has the meaning given in section 257; registered scheme has the meaning given in the Corporations Act section 9; related corporation has the meaning related body corporate is given in the Corporations Act section 9; relevant body has the meaning given in section 96A; relocatable home means a relocatable home as defined in the Residential Parks (Long-stay Tenants) Act 2006 Glossary; residential park site means a site (as defined in the Residential Parks (Long-stay Tenants) Act 2006 Glossary) in a residential park (as defined in that Glossary); residential property has the meaning given in section 205E; security interest means the estate or interest of a mortgagee, chargee or other secured creditor; share — (a) in Chapter 2 Part 5 Division 3 — has the meaning given in section 63; and (b) otherwise — means a share or stock of a corporation or an interest in a share or stock of a corporation; strata lease has the meaning given in the Strata Titles Act 1985 section 3(1); supply, in relation to an amount of GST, has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth); Taxation Administration Act means the Taxation Administration Act 2003; transaction includes an event; transaction record, in relation to a dutiable transaction, means — (a) an instrument that effects, or evidences, the dutiable transaction; or (b) a transfer duty statement for the dutiable transaction; or (c) a copy or memorandum that, under the Taxation Administration Act section 20, is treated as an instrument or statement referred to in paragraph (a) or (b); transfer duty means duty under Chapter 2; transfer duty statement means a statement referred to in section 22(1); vehicle licence duty means duty under Chapter 5; wound up has the meaning given in section 7(1). Note for this section: Other terms are defined or explained in the Chapters in which they are used. At the end of this Act there is an alphabetical list of all terms that are defined anywhere in this Act. See also section 4(2). [Section 3 amended: No. 17 of 2010 s. 11; No. 33 of 2011 s. 4; No. 2 of 2014 s. 49; No. 1 of 2015 s. 10; No. 8 of 2015 s. 4; No. 26 of 2016 s. 50; No. 24 of 2018 s. 4; No. 12 of 2019 s. 4; No. 30 of 2018 s. 131; No. 4 of 2023 s. 113.] [Modification, to section 3, to have effect under the Commonwealth Places (Mirror Taxes Administration) Act 1999 s. 7, see Commonwealth Places (Mirror Taxes Administration) Regulations 2007 r. 7 and endnote 1M.] [Modification, to section 3, to have effect under the Commonwealth Places (Mirror Taxes) Act 1998 (Commonwealth) s. 8, see Commonwealth Places (Mirror Taxes) (Modification of Applied Laws (WA)) Notice 2007 cl. 8 and endnote 1MC.] 3A. Term used: land (1) In this Act, land includes the following — (a) an estate or interest in land; (b) a mining tenement; (c) an estate or interest in a mining tenement; (d) a pastoral lease; (e) an interest of a pastoral lessee under a pastoral lease; (ea) a diversification lease; (eb) an interest of a diversification lessee under a diversification lease; (f) anything fixed to land (including land the subject of a mining tenement, pastoral lease or diversification lease), whether or not the thing — (i) constitutes a fixture at law; or (ii) is owned separately from the land; or (iii) is notionally severed or considered to be legally separate from the land as a result of the operation of any law of the State or the Commonwealth; (g) an estate or interest in a thing to which subsection (1)(f) applies. (2) In this Act, land does not include — (a) a carbon right or a carbon covenant registered under the Carbon Rights Act 2003; or (b) a derivative mining right. (3) Without limiting subsection (1)(f), a thing is taken to be fixed to land if it has a physical connection to the land or is buried or partly buried under the surface of the land. (4) Subsection (1)(f) does not apply to the following — (a) a thing that is fixed to land on a temporary basis and only for the purpose of being used in construction works; (b) a thing that does not constitute a fixture at law and that is held or used in connection with the business of primary production; (c) a relocatable home fixed to a residential park site, or an addition or structure fixed or attached to the home or site for the use or enjoyment of the occupier of the home, that does not constitute a fixture at law; (d) a thing of a kind prescribed for the purposes of this paragraph. (5) A paragraph of subsection (1) is not to be taken into account in determining the meaning of land when used in another paragraph of subsection (1). [Section 3A inserted: No. 12 of 2019 s. 5; amended: No. 4 of 2023 s. 114.] 4. Relationship with Taxation Administration Act 2003 (1) The Taxation Administration Act provides for the administration and enforcement of this Act. (2) If a term has a meaning in the Taxation Administration Act, it has the same meaning in this Act unless the contrary intention appears in this Act. Note for this subsection: Under the Taxation Administration Act 2003 section 3(2), this Act is to be read with that Act as if they formed one Act. (3) If this Act requires duty to be paid within a period, the duty is due for payment, for the purposes of the Taxation Administration Act, on the last day of that period. 5. GST, effect of on value or consideration In ascertaining the value of anything or the consideration for anything, there is to be no discount for the amount of GST (if any) payable on the supply of that thing. 6. Determining family relationships (1) In this section — step‑child, of a person, means a child of a spouse or de facto partner of the person. (2) In determining whether a person is a family member of, or related to, another person — (a) an illegitimate person is to be treated as the legitimate child of that person's parents; and (b) it is irrelevant whether a relationship is of the whole or half‑blood, or whether it is a natural relationship or a relationship established by a written law. (3) In determining for the purposes of section 43(1)(c) or (ca), 87(6)(a), (c) or (h) or 100(1)(a) or (c) whether a person is a child or remoter lineal descendant of another person, a step‑child of a person is to be treated as a child. (4) In determining for the purposes of section 162(1)(b) whether the relationship between individuals is that of parent and child, a step‑child of a person is to be treated as a child. [Section 6 amended: No. 12 of 2019 s. 6.] 7. References to being wound up (1) A reference to being wound up is — (a) in the case of a corporation — to it being wound up in accordance with its constitution (so far as it has a constitution that deals with its winding up) and in accordance with any law for the time being applicable; and (b) in the case of a unit trust scheme — to it being terminated in accordance with the provisions of the trust deed or any other document constituting the scheme and in accordance with any law for the time being applicable. (2) A winding up begins — (a) in the case of a corporation — when the winding up is taken to begin under the Corporations Act; and (b) in the case of a unit trust scheme — (i) when any circumstance or event occurs, or any time arrives, that, because of the trust deed or other document constituting the scheme, requires the scheme to be wound up; or (ii) when the holders of units issued under the scheme pass a resolution directing the trustee to wind up the scheme; or (iii) when the trustee decides to wind up the scheme; or (iv) when a court orders that the scheme be wound up, whichever happens first. [8A., 8B.1M Modification, to insert sections 8A and 8B, to have effect under the Commonwealth Places (Mirror Taxes Administration) Act 1999 s. 7, see Commonwealth Places (Mirror Taxes Administration) Regulations 2007 r. 8 and endnote 1M.] [8A., 8B.1MC Modification, to insert sections 8A and 8B to have effect under the Commonwealth Places (Mirror Taxes) Act 1998 (Commonwealth) s. 8, see Commonwealth Places (Mirror Taxes) (Modification of Applied Laws (WA)) Notice 2007 cl. 9 and endnote 1MC.] 8. Notes in text A note included in this Act is explanatory and is not part of this Act. Chapter 2 — Transfer duty Part 1 — Preliminary 9. Terms used In this Chapter, unless the contrary intention appears — concessional farm‑in transaction has the meaning given in section 91K(1); 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 requirement has the meaning given in section 91K(1); Family Court Act means the Family Court Act 1997; farmee has the meaning given in section 91K(1); 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 issue of title conditional agreement; (d) a subdivision conditional agreement; interest in a discretionary trust has the meaning given in section 60; issue of title conditional agreement has the meaning given in section 90; 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; 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 88A(2); transfer includes assignment and exchange; trust acquisition has the meaning given in section 55; trust surrender has the meaning given in section 56; 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. [Section 9 amended: No. 17 of 2010 s. 4; No. 37 of 2022 s. 4.] Part 2 — Imposition of transfer duty 10. Transfer duty imposed Duty is imposed on dutiable transactions. Part 3 — Dutiable transactions and dutiable property Division 1 — Dutiable transactions 11. Dutiable transaction (1) Subject to subsection (2), any of the following is a dutiable transaction — (a) a transfer of dutiable property; (b) an agreement for the transfer of dutiable property, whether conditional or not; (c) a declaration of trust over dutiable property; (d) a vesting of dutiable property — (i) by, or expressly authorised by, statute law of this or another jurisdiction, whether inside or outside Australia; or (ii) by, or as a consequence of, a court order of this or another jurisdiction, whether inside or outside Australia; (e) a foreclosure of a mortgage over dutiable property; (f) an acquisition of new dutiable property, on its creation, grant or issue; (g) a surrender of special dutiable property; (h) a trust acquisition or trust surrender; (i) a partnership acquisition; (j) a concessional farm‑in transaction. (2) The following transactions are not dutiable transactions — (a) a transaction the subject of which is a right if no consideration is paid, or agreed to be paid, for the transaction; (b) a transfer of, or an agreement for the transfer of, a lease if no consideration is paid, or agreed to be paid, for the transfer or agreement; (c) a transfer of, or an agreement for the transfer of, a security interest, if the consideration for the transfer, or agreement, is equal to or greater than the market value of the security interest; (d) a transaction the subject of which is a unit in a unit trust scheme; (e) a transaction prescribed as an excluded transaction for the purposes of this section. (3) Subsection (2)(a) does not apply to a right referred to in section 16(1)(h), (i) or (j) or (3)(aa). (4) Subsection (2)(b) does not apply to a pastoral lease or diversification lease. [Section 11 amended: No. 12 of 2019 s. 7; No. 37 of 2022 s. 5; No. 4 of 2023 s. 115.] 12. Vesting of property by statute law (1) Without limiting section 11(1)(d)(i), property is vested under statute law if the law vests the property in an entity that the law states is the successor in law of, continuation of or same entity as, the entity in which the property was previously vested. (2) However, property is not vested under statute law on the registration of a company under the Corporations Act Chapter 5B Part 5B. (3) The merger of a corporation (company A) with and into another corporation (company B) in circumstances where neither subsection (4) nor subsection (5) applies is taken to be a vesting of the property in Western Australia of company A in company B by statute law. (4) A merger of corporations (the merging corporations) in circumstances where another corporation (company C) results as a consequence of the merger is taken to be a vesting of the property in Western Australia of the merging corporations in company C by statute law. (5) A merger of corporations (the merging corporations) with and into each other in circumstances where each of the merging corporations continues in existence is taken to be a vesting in the merging corporations, jointly, of 50% (in value) of the property in Western Australia of the merging corporations by statute law. [13. Deleted: No. 37 of 2022 s. 6.] 14. Transactions as to chattels alone not usually dutiable (1) Subject to subsections (2) and (3), a transaction is not a dutiable transaction if the only dutiable property the subject of the transaction is a chattel in Western Australia. (2) A transaction referred to in subsection (1) is a dutiable transaction if, under section 37, it is aggregated with a transaction that is a dutiable transaction and the transactions are treated as a single dutiable transaction. (3) A transaction referred to in subsection (1) is a dutiable transaction if — (a) there is a relevant acquisition for the purposes of Chapter 3 or an agreement for the making of such an acquisition; and (b) the transaction and the acquisition or agreement together form, evidence, give effect to or arise from what is, substantially one arrangement. (4) Without limiting subsection (3), unless the Commissioner is satisfied to the contrary, a transaction and an acquisition or agreement together form, evidence, give effect to or arise from what is, substantially one arrangement if — (a) the transaction has taken place, and the acquisition or agreement has been made, within 12 months; and (b) in respect of both the transaction and the acquisition or agreement, the person liable to pay duty is the same person (whether that person is the only person liable to pay duty or is liable to pay duty with the same or different persons). (5) A reference in subsection (4) to a person liable to pay duty on the transaction is a reference to a person that would be liable to pay duty if the transaction were a dutiable transaction. [Section 14 amended: No. 12 of 2019 s. 9.] Division 2 — Dutiable property 15. Dutiable property Any of the following is dutiable property — (a) land in Western Australia; (b) a right; (c) a chattel in Western Australia; (d) a Western Australian business asset. 16. References to right (1) A reference to a right is to any of the following — (a) an option to acquire dutiable property, unless the option is part of a simultaneous put and call option over dutiable property; (b) a right of pre‑emption for dutiable property; (c) a right to acquire dutiable property; (d) a right under a joint venture relating to dutiable property of the joint venture; (e) a right to exploit dutiable property; (f) a right to income from dutiable property; (g) a right to the capital growth of dutiable property; (h) a fixed infrastructure control right; (i) a fixed infrastructure access right; (j) a fixed infrastructure statutory licence. (2) A right referred to in subsection (1)(a) to (g) exists in relation to dutiable property only if the transfer of the property would be a dutiable transaction. (3) Without limiting subsection (1), a right includes the following — (a) a right under an application under the Mining Act 1978 for a mining tenement; (aa) a derivative mining right; (b) a licence, or a water entitlement under a licence, under the Rights in Water and Irrigation Act 1914 section 5C; (ba) a part of, or an interest in, a right referred to in subsection (1) or this subsection; (c) any other thing prescribed for the purposes of this section. (4) Subsection (1)(a) to (g) do not apply to a right to the extent that the right is a fixed infrastructure control right, a fixed infrastructure access right or a fixed infrastructure statutory licence. [Section 16 amended: No. 12 of 2019 s. 10.] 17. New dutiable property (1) Any of the following is new dutiable property — (a) land in Western Australia; (b) the following rights — (i) an option to acquire dutiable property, unless the option is part of a simultaneous put and call option over dutiable property; (ii) a right to acquire dutiable property; (iia) a fixed infrastructure control right; (iib) a fixed infrastructure access right; (iic) a derivative mining right; (iii) any other right prescribed for the purposes of this subsection; (c) in section 81(4) and (5), the following Western Australian business assets — (i) intellectual property; (ii) a restraint of trade arrangement; (iii) a business identity. (2) The following are not new dutiable property — (a) a security interest in dutiable property; (aa) an estate in land created as a community lot in a community titles scheme on the registration of the community titles scheme or an amendment of the community titles scheme under the Community Titles Act 2018; Note for this subparagraph: Common property created on the registration or amendment of a community titles scheme is also not new dutiable property. (ab) an estate in land referred to in the Community Titles Act 2018 section 154(2)(b)(ii), (c)(ii) or (d)(iii) created on termination of a community titles scheme under that Act; (ac) an estate in land created as a strata lot in a freehold or a leasehold scheme on the registration of the strata titles scheme or an amendment of the strata titles scheme under the Strata Titles Act 1985; Note for this paragraph: Common property created on the registration or amendment of a strata titles scheme is also not new dutiable property. (ad) an estate in land created on termination of a strata titles scheme under the Strata Titles Act 1985; (b) a partner's interest in a partnership; (c) a lease (including a diversification lease but not including a pastoral lease) if no consideration is paid, or agreed to be paid, for the grant of the lease; (ca) a pastoral lease, or an interest of a pastoral lessee under a pastoral lease, if the grant of the lease under the Land Administration Act 1997 section 101 is not subject to the payment of a sale price; (d) a mining tenement; [(e) deleted] (f) a licence, or a water entitlement under a licence, under the Rights in Water and Irrigation Act 1914 section 5C; (g) a profit à prendre created under a timber sharefarming agreement under the Conservation and Land Management Act 1984 or the Forest Products Act 2000, unless a profit à prendre had been previously created in respect of a crop of trees to which the agreement applies; (h) a plantation interest, created under an agreement under the Tree Plantation Agreements Act 2003, unless the interest had been previously created in respect of a plantation to which the agreement applies; (i) any other dutiable property prescribed as excluded property for the purposes of this section. (3) Without limiting section 11(1)(f), new dutiable property that is land in Western Australia includes an extension of the term of a strata lease for a lot in a leasehold scheme by the postponement of the expiry day for the scheme as referred to in the Strata Titles Act 1985 section 50(3). [Section 17 amended: No. 12 of 2019 s. 11; No. 30 of 2018 s. 132; No. 32 of 2018 s. 204; No. 4 of 2023 s. 116.] 18. Special dutiable property Any of the following is special dutiable property — (a) a life interest in land; (b) a remainder interest in land; (c) a lease (other than a pastoral lease or diversification lease), if consideration is paid, or agreed to be paid, by the lessor for the surrender of the lease; (caa) a pastoral lease or diversification lease (the old lease), in whole or in part, if — (i) the surrender of the old lease is made as part of an agreement, arrangement or understanding that a pastoral lease or diversification lease (the new lease) be granted to another person; and (ii) there is, or will be, consideration for the surrender of the old lease; and (iii) in the case where the new lease is a pastoral lease, the grant of the new lease under the Land Administration Act 1997 section 101 is not subject to the payment of a sale