Duties Act 2001

This section applies if—

transfer duty has been imposed, and invalid AFAD was purportedly imposed, on a dutiable transaction; and

a person is liable for windfall duty in relation to the invalid AFAD; and

all or part of the windfall duty is not paid by the date the amount (the outstanding liability) is payable.

The outstanding liability is a first charge on the person’s interest in AFAD residential land the subject of the dutiable transaction.

The charge has priority over all other encumbrances over the person’s interest in the AFAD residential land other than a charge under section 156P.

Subsection (3) applies—

whether the other encumbrances over the person’s interest in the land—

are registered or unregistered; or

were created before or after the charge arises under subsection (2); and

despite the Land Title Act 1994, part 3, divisions 2 and 2A.

The commissioner may lodge, under the Administration Act, part 4, division 5, a request to register the charge on the land that is the subject of the transaction.

Despite the Administration Act, section 47B, the registrar must not register the charge if the person is no longer the registered owner of the land.

On its registration, the charge is not affected by a disposition of the person’s interest in the land.