Duties Act 2001

For property held on trust for a charitable institution, the commissioner must be satisfied—

the property will start to be used for the institution for a qualifying exempt purpose on or before the date that is 6 months after the liability for transfer duty on the transaction would, apart from the exemption under division 1, arise or the later date fixed by the commissioner by notice given to the institution (the start date); and

the property will be used solely or almost solely for the institution for a qualifying exempt purpose for the period starting on the date the property is used for the institution for a qualifying exempt purpose and ends 1 year after that date or the later date fixed by the commissioner by notice given to the institution (the duration period).

Note—In relation to subsection (1)(a), see also section 620.

For other property, the commissioner must be satisfied—

the property acquired or insured will start to be used by the charitable institution for a qualifying exempt purpose on or before the date stated in subsection (3) (also the start date); and

the property will be used solely or almost solely by the institution for a qualifying exempt purpose for the period stated in subsection (4) (also the duration period).

For subsection (2)(a), the start date is—

for a dutiable transaction that is an acquisition of dutiable property—6 months after the liability for transfer duty on the transaction would, apart from the exemption under division 1, arise or the later date fixed by the commissioner by notice given to the institution; or

for a premium for a contract of general insurance—immediately after the premium is paid; or

for an application to register or transfer a vehicle—immediately after the application is made.

Note—In relation to subsection (3)(a), see also section 620.

For subsection (2)(b), the duration period starts—

for a dutiable transaction that is an acquisition of dutiable property—on the date the charitable institution starts to use the property for a qualifying exempt purpose and ends 1 year after that date or the later date fixed by the commissioner by notice given to the institution; or

for a premium for a contract of general insurance—on the start date and ends 1 year after payment of the premium; or

for an application to register or transfer a vehicle—on the start date and ends 9 months after the application is made.