Duties Act 2000

This Chapter does not apply to—

a mortgage executed before 4 January 1965; or

a mortgage that is not chargeable with duty under this Act.

Other instruments that are exempt from payment of mortgage duty are—

a mortgage made or given by—

a registered co-operative society or registered co-operative housing society; or

a body that is permitted to use the expression "credit union" under section 66 of the Banking Act 1959 of the Commonwealth;

a mortgage given by a corporation or body of persons incorporated or associated for a religious, charitable or educational purpose;

a mortgage or foreign security made or given by—

a Government of the Commonwealth or of another State or of a Territory; or

a public statutory authority constituted under the law of Victoria, other than a declared public statutory authority under subsection (3); or

a public statutory authority constituted under the law of the Commonwealth or of another State or of a Territory; or

the Municipal Association of Victoria;

a lien on a crop registered under Part VII of the Instruments Act 1958;

a lien on wool or mortgage of stock registered under Part VIII of the Instruments Act 1958;

a mortgage given to the Victorian WorkCover Authority;

a mortgage given to a recognised institution within the meaning of the Trustee Act 1958, being a mortgage of a mortgage or a mortgage by way of deposit of a mortgage.

For the purposes of subsection (2)(c)(ii), the Governor in Council, by Order published in the Government Gazette, may declare a public statutory authority constituted under the law of Victoria to be a declared public statutory authority.