Definitions for part
156D Definitions for part
In this part—completed lodgement means a dutiable transaction—
that is a transfer, surrender or vesting of dutiable property or an acquisition of a new right; and
for which an instrument or ELN transaction document for an ELN lodgement is registered under the Land Title Act 1994, the Land Act 1994 or the Water Act 2000; and
on which a liability for transfer duty is imposed.
completed transfer means a transfer of dutiable property—
for which an instrument or ELN transaction document for an ELN transfer is registered under the Land Title Act 1994; and
on which a liability for transfer duty is imposed.
eligible land means land, an instrument of transfer of which must comply with the requirements of the Land Title Act 1994, section 61 for transferring the land under that Act.ELN lodgement means a dutiable transaction, other than an ELN transfer—
that is a transfer, surrender or vesting of land, or an acquisition of a new right that is land, registered under the Land Title Act 1994, the Land Act 1994 or the Water Act 2000; and
for which an ELN workspace exists; and
that is not eligible for a concession, exemption or other reduction for transfer duty, other than a concession, exemption or reduction for transfer duty for an ELN lodgement prescribed by regulation.
ELN transaction document means a document under the Electronic Conveyancing National Law (Queensland) that—
is—
for an ELN transfer—an instrument of transfer under the Land Title Act 1994, section 61 for a relevant transfer agreement, alone or together with an instrument of transfer under the Land Act 1994, chapter 6 or the Water Act 2000, section 170 that is under the same relevant transfer agreement; or
for an ELN lodgement—an instrument under the Land Title Act 1994, the Land Act 1994 or the Water Act 2000; and
would effect a dutiable transaction that is an ELN transfer or ELN lodgement if the document were—
digitally signed; and
lodged electronically under the Electronic Conveyancing National Law (Queensland), section 7; and
registered under the Land Title Act 1994, the Land Act 1994 or the Water Act 2000.
Note—Under the Electronic Conveyancing National Law (Queensland), schedule 1, section 12(1) definition document, a document includes a record of information that exists in a digital form and is capable of being reproduced, transmitted, stored and duplicated by electronic means.ELN transfer—
means a transfer of dutiable property—
that includes eligible land; and
for which an ELN workspace exists; and
that is to the transferee under a relevant transfer agreement and for the same consideration as provided for under the agreement; but
does not include a transaction for which—
there is an agreement for the transfer of dutiable property (the first agreement); and
after the first agreement takes place, 1 or more agreements to transfer all or part of the dutiable property the subject of the first agreement take place (the intervening agreements); and
to give effect to the first agreement and the intervening agreements, 1 or more transfers of dutiable property will be effected by 1 or more parties to the first agreement and the intervening agreements.
ELN transfer document...ELN workspace, for an ELN transfer or ELN lodgement, means the part of an ELN on which information is entered and kept for the ELN transfer or ELN lodgement.incomplete ELN lodgement means an ELN lodgement for which the ELN workspace is unlocked before an ELN transaction document for the ELN lodgement is registered under the Land Title Act 1994, the Land Act 1994 or the Water Act 2000.incomplete ELN transfer means an ELN transfer for which the ELN workspace is unlocked before an ELN transaction document for the ELN transfer is registered under the Land Title Act 1994.locked, in relation to an ELN workspace for an ELN transfer or ELN lodgement, see section 156F(1).lodgement information, in an ELN workspace for an ELN lodgement, means information in the ELN workspace that is necessary for either of the following purposes in relation to an ELN transaction document for the ELN lodgement—
complying with a provision of the Land Title Act 1994, the Land Act 1994 or the Water Act 2000 in relation to the registration of the document;
endorsing the document under this Act.
lot means a lot under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980.outstanding liability, for division 4, see section 156P(1)(b).payment commitment, for an agreement for the transfer of dutiable property that is a relevant transfer agreement, see section 156N.related see section 156G.relevant residential land...relevant transfer agreement means an agreement for the transfer of dutiable property—
that includes eligible land; and
on which transfer duty is imposed; and
that is not eligible for a concession, exemption or other reduction for transfer duty, other than a concession, exemption or reduction for transfer duty for an ELN transfer prescribed by regulation; and
that—
is aggregated under section 30 with a transfer of other dutiable property under that agreement; or
is aggregated under section 30 only with another agreement for the transfer of dutiable property that complies with paragraphs (a) to (c); or
if subparagraph (i) or (ii) does not apply—is not aggregated under section 30 with any other dutiable transaction.
signed—
in relation to an ELN transaction document for an ELN transfer—see section 156E(1); or
in relation to an ELN transaction document for an ELN lodgement—see section 156E(2).
subscriber see the Electronic Conveyancing National Law (Queensland), section 3.transfer information, in an ELN workspace for an ELN transfer, means information in the ELN workspace that is necessary for either of the following purposes in relation to an ELN transaction document for the ELN transfer—
complying with a provision of the Land Title Act 1994 in relation to the registration of the document; or
endorsing the document under this Act.
unlocked, in relation to an ELN workspace for an ELN transfer or ELN lodgement, see section 156F(2).
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory memorandum
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