Duties Act 2001

This section applies if the amount secured by a home refinance mortgage, or the dutiable proportion of a home refinance mortgage, is more than—

the amount determined under section 279(1) or (2); or

if there is also a home borrower for the mortgage—the total of the amount determined under section 279(2) and any amount determined under section 274(2) for the borrower.

The non-concessional balance for the home refinance mortgage is reduced by the amount by which the amount secured for which duty has been paid in Queensland under the previous mortgage is more than—

for a mortgage or mortgage package to which section 260 or 261 applies—the balance outstanding under the previous mortgage multiplied by the dutiable proportion; or

for another mortgage—the balance outstanding under the previous mortgage.

For subsection (2), the non-concessional balance for the home refinance mortgage is—

the part of the amount secured by the mortgage for which a concession for mortgage duty is not given under section 279; or

if there is also a home borrower for the mortgage—the total of the amount mentioned in paragraph (a) and the part of the amount secured by the mortgage for which a concession for mortgage duty is not given under section 274.