Duties Act 2001

This section applies if—

transfer duty on a dutiable transaction that is 1 of the following is assessed on the basis of a concession under section 91, 92, 92A, 92B, 93, 93A or 93B—

the transfer, or agreement for the transfer, of residential land or vacant land;

the acquisition, mentioned in section 85(b), of a lease of residential land or vacant land;

the vesting, mentioned in section 85(c), of residential land or vacant land; and

either of the following happens other than because of an intervening event—

a transferee, lessee or vested person for land disposes of the land before the occupation date;

a transferee’s, lessee’s or vested person’s occupation date for the residence on the land is not within—

if the dutiable transaction related to residential land—1 year after the transfer date for the land; or

if the dutiable transaction related to vacant land—2 years after the transfer date for the land.

For subsection (1)(b)(i), a transferee, lessee or vested person for land disposes of land if—

the lessee of a home or vacant land lease surrenders the lease; or

the transferee, lessee or vested person transfers, leases or otherwise grants exclusive possession of part or all of the land to another person; or

the transferee, lessee or vested person acquires the land subject to a lease, granted before the transfer date, over all or part of the land.

Subsection (2) does not apply if—

another person (the occupier) has exclusive possession of the land before the occupation date; and

the occupier—

is the transferor of the land, or the owner of the land immediately before the vesting; or

has exclusive possession of the land under a lease granted before the transfer date; and

the occupier—

if paragraph (b)(i) applies—vacates the land as soon as reasonably practicable or within 6 months after the transfer date, whichever is the earlier; or

if paragraph (b)(ii) applies—vacates the land on the termination of the current term of the lease referred to in subsection (2)(c), or within 6 months after the transfer date, whichever is the earlier.

Also, for subsection (1)(b)(i), a transferee, lessee or vested person for land does not dispose of land if—

the transferee, lessee or vested person transfers part of the land to the transferee’s, lessee’s or vested person’s spouse; and

the transfer is exempt from duty under section 151.

Also, for subsection (1)(b)(i), a transferee or vested person for land does not dispose of residential land that is an accommodation unit in a retirement village only by entering into a retirement village leasing arrangement for the unit.

The commissioner must make a reassessment to impose transfer duty on the dutiable transaction as if the concession had never applied to the transferee, lessee or vested person.

If—

under subsection (2A), this section does not apply to a transferee’s, lessee’s or vested person’s transfer of part of the land to the transferee’s, lessee’s or vested person’s spouse; and

under subsection (1)(b)(i), the transferee, lessee or vested person later disposes of the land or part of it;

this section applies to the later disposal as if the transferee, lessee or vested person had not transferred the part of the land to the transferee’s, lessee’s or vested person’s spouse.

In this section—home or vacant land lease means a lease—

of residential land on which a home, first home or first home and new home is constructed or of vacant land on which a first home is to be constructed; and

for which a premium, fine or other consideration is payable.