Duties Act 2001

Section 254, as in force on 1 January 2008, applies to a mortgage only if the liability date for the mortgage is on or after 1 January 2008.

However, section 254, as in force immediately before 1 January 2008, applies to a mortgage if an arrangement was made before 1 January 2008 the sole or main purpose of which was to defer a liability date for the mortgage until 1 January 2008 or later so the rate of mortgage duty under section 254, as in force on or after 1 January 2008, would apply in relation to the liability date.

Also, a person is not entitled, under a relevant Act or otherwise, to a refund of mortgage duty paid before 1 January 2008 only because a liability date for the mortgage is on or after 1 January 2008.

In this section—relevant Act means this Act or the Administration Act.