Duties Act 1999

Duty under this chapter is not payable in relation to a transfer of dutiable property by instrument if the commissioner is satisfied that—

the transfer instrument is cancelled and the dutiable property is not transferred to the transferee; and

the transfer was not cancelled to give effect to a subsale.

The commissioner must reassess and refund duty paid on a transfer of dutiable property if—

duty under this chapter is not payable in relation to the transfer because of this section; and

an application for a refund is made within 5 years after the initial assessment.

The transfer instrument must be surrendered to the commissioner unless the commissioner dispenses with that requirement.