Stamp Duties Act 1923

If, on an application under this section, in a manner and form determined by the Commissioner and supported by such evidence as the

the applicant is a purchaser under a contract for the conveyance or transfer of a new home or vacant land on which a home is to be built;

the conveyance or transfer qualifies for relief under this section, this section applies to the conveyance or transfer.

The duty payable on a conveyance or transfer to which this section applies will be as follows:

if the contract for the conveyance or transfer was entered into before 6 June 2024—

in the case of the conveyance or transfer of a new home where the market value of the home (including the land on which the home is situated) when the contract is entered into does not exceed $650 000—no duty will be payable; or

in the case of the conveyance or transfer of a new home where the market value of the home (including the land on which the home is situated) when the contract is entered into exceeds $650 000 but is less than

in the case of the conveyance or transfer of vacant land where the market value of the land when the contract is entered into does not exceed

in the case of the conveyance or transfer of vacant land where the market value of the land when the contract is entered into exceeds

if the contract for the conveyance or transfer was entered into on or after 6 June 2024—no duty will be payable.

A conveyance or transfer of a new home, or of vacant land on which a home is to be built, qualifies for relief under this section if—

the contract for the conveyance or transfer was entered into on or after 15 June 2023; and

subject to subsection (6), the purchasers under the contract are at least 18 years of age; and

at least 1 of the purchasers under the contract is an Australian citizen or permanent resident at the time application for the benefit of this section is made; and

no purchaser under the contract, and no spouse or domestic partner of a purchaser under the contract, has been a party to an earlier conveyance or transfer for which no duty, or a reduced rate of duty, was payable under subsection (2); and

no purchaser under the contract, and no spouse or domestic partner of a purchaser under the contract, has, before the commencement date of the contract—

held a relevant interest in residential property in South Australia or another State; and

if the commencement date of the contract is before the relevant day, occupied the property as a place of residence for a continuous period of at least 6 months; and

if the contract for the conveyance or transfer was entered into before 6 June 2024, the market value of the new home (including the land on which the home is situated) or vacant land when the contract is entered into is less than—

in the case of a new home—$700 000; and

in the case of vacant land on which a home is to be built—$450 000.

Subject to subsection (5), an exemption from duty, and a reduced rate of duty, provided under this section are subject to the following requirement (the residence requirement):

in the case of the conveyance or transfer of land on which a new home is situated—the purchasers under the contract must occupy the home as their principal place of residence for a continuous period of at least

in the case of the conveyance or transfer of vacant land on which a home is to be built—the purchasers under the contract must occupy a home on the land as their principal place of residence for a continuous period of at least 6 months (or a shorter period approved by the Commissioner) (the

the date falling 12 months after the date on which the purchaser was lawfully first able to use a home constructed on the land as a place of residence;

the date falling 36 months after the date on which the conveyance or transfer occurred, (the completion period).

The Commissioner may, in relation to the residence requirement—

determine that a conveyance or transfer qualifies for relief under this section even though a purchaser under the contract has not satisfied the residence requirement if the Commissioner is satisfied that—

there are 2 or more purchasers under the contract;

at least 1 of the purchasers complies with the residence requirement; and

there are, in the Commissioner's opinion, good reasons to exempt the non‑complying purchaser from the residence requirement;

if the Commissioner considers there are good reasons for doing so—vary a purchaser's required residence period at any time (including after the end of the period allowed for compliance with that requirement) by approving a shorter residence period or a longer completion period (or both) (and if the Commissioner varies a residence requirement under this paragraph, the requirement as varied will be taken to have been the purchaser's residence requirement from the date of the determination of the application).

The Commissioner may determine that a conveyance or transfer qualifies for relief under this section even though a purchaser under the contract is not at least 18 years of age if the Commissioner is satisfied that—

the purchaser will comply with the residence requirement that applies to the exemption or reduction in duty under subsection (4); and

the application does not form part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to relief under this section.

For the purposes of subsection (2)(a)(ii) and (iv), the amount by which duty is to be reduced is to be determined as follows:

in the case of the conveyance or transfer of a new home:

in the case of the conveyance or transfer of vacant land on which a home is to be built:

An application under subsection (1)—

may only be made by a natural person; and

must be made jointly by each person who is, or will be, following the conveyance or transfer to which the application relates, an owner of the relevant new home or vacant land (except such a person who is excluded from the application of this subsection under the regulations).

Subject to subsection (9a), this section does not apply to a contract (the relevant contract) if the Commissioner is satisfied that the relevant contract replaces a contract entered into—

if the relevant contract was entered into before

if the relevant contract was entered into on or after

Despite subsection (9)(b), if the Commissioner is satisfied that a contract entered into on or after 6 June 2024 (the

A conveyance or transfer for which no duty, or a reduced rate of duty, is payable under subsection (2) is to be taken, for the purposes of the Real Property

If the Commissioner is satisfied that, at the time of deciding an application under this section, an applicant—

is legally married but not cohabiting with the person to whom the applicant is legally married; and

has no intention of resuming cohabitation, the person to whom the applicant is legally married is not to be regarded as the applicant's spouse.

This section does not operate to provide relief from the foreign ownership surcharge (within the meaning of section 72) payable on a contract for the conveyance or transfer of a new home or vacant land on which a home is to be built that is entered into on or after the relevant day.

For the purposes of this section, a person will be taken to have held a relevant interest in land in South Australia, or in another State, if the person is taken to have held a relevant interest in the land for the purposes of the First Home and Housing Construction Grants

In this section—

the holder of a permanent visa within the meaning of section 30 of the Migration

a New Zealand citizen who holds a special category visa within the meaning of section 32 of the Migration Act 1958 of the