Duties Act 2001

Subject to subsections (2) and (3), transfer duty is not imposed on a transfer of dutiable property from a person as vendor to another person as custodian for the trustee of one of the following entities (each an eligible superannuation entity)—

a public superannuation entity;

a complying superannuation fund, if the trustee has, under the Superannuation Industry Act, section 19(4), given a written notice electing to apply that Act in relation to the fund to APRA or an entity other than APRA.

Subsection (1) applies only if—

the transfer is made under a dutiable transaction that is the agreement for the transfer of the property entered into between the person as vendor and the trustee as purchaser; and

the property is acquired by the trustee as fund property; and

transfer duty imposed on the transaction has been paid.

If the trustee of the eligible superannuation entity has given a written notice to an entity other than APRA as mentioned in subsection (1)(b), subsection (1) applies only if the transfer of dutiable property is the transfer of an acquirable asset to the custodian to be held on trust for the trustee in compliance with the Superannuation Industry Act, section 67A(1)(b).

In this section—APRA see the Superannuation Industry Act, section 10.