Dutiable property
10 Dutiable property
Dutiable property is any of the following:
land in the ACT;
a Crown lease;
a declared land sublease;
a land use entitlement;
a commercial lease with premium;
an interest in a partnership that holds dutiable property mentioned elsewhere in this section (a partnership interest);
goods in the ACT, if the subject of an arrangement that includes a dutiable transaction over any dutiable property (other than intellectual property) elsewhere mentioned in this section, not including the following:
goods that are stock-in-trade;
material held for use in manufacture;
goods under manufacture;
goods held or used in connection with land used for primary production;
livestock;
a registered motor vehicle;
a ship or vessel;
an option to purchase land in the ACT or a Crown lease or declared land sublease over land in the ACT;
an interest in any dutiable property mentioned in paragraphs (a) to (h), except to the extent that—
it is, or is attributable to, an option over dutiable property; or
it is an interest under a commercial lease or a sublease of a commercial lease, other than a commercial lease with premium.
In this section:
holds—a partnership holds dutiable property if (but not only if)—
the partners hold the property for the partnership; or
the partnership has an indirect interest in the property.
indirect interest—a partnership has an indirect interest in dutiable property if—
through a partnership interest or trust interest there is a connection between the partnership and dutiable property of the other partnership or trust; or
through a series of partnership interests or trust interests, or a combination of any of them, there is a connection between the partnership and dutiable property of a partnership in the series.
intellectual property means––
a business name, trading name, trade mark, industrial design, patent, registered design or copyright; or
a right to use or exploit—
a business name, trading name, trade mark or industrial design; or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
This Act’s bill:Explanatory statementSecond reading speech
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