Duties Amendment (Landholder) Act 2012
31 Duties Amendment (Landholder) Act 2012
This clause applies despite anything to the contrary in this Act.
An acquisition by a person before 1 July 2009 of an interest in a private unit trust scheme, private company, wholesale unit trust scheme or public unit trust scheme must not be aggregated under section 78(1)(a)(ii) with an acquisition by the person, an associated person or any person in an associated transaction on or after 1 July 2012 of an interest in the scheme or company.
An acquisition by a person before 1 July 2012 of an interest in a listed company must not be aggregated under section 78(1)(a)(ii) with an acquisition by the person, an associated person or any person in an associated transaction on or after 1 July 2012 of an interest in the company.
An acquisition by a person before 1 July 2012 of an economic entitlement must not be aggregated under section 81 with an acquisition by the person or an associated person on or after 1 July 2012 of an economic entitlement.
Duty is not chargeable under section 86 in respect of an interest acquired by a person in a private unit trust scheme, private company or wholesale unit trust scheme on or after 1 July 2009 and before 1 July 2012 if the scheme or company was not a land rich landholder within the meaning of section 71(2) as in force at the time the interest was acquired.
A unit trust scheme that, immediately before the commencement day, was registered as a wholesale unit trust scheme under Division 7 of Part 2 of Chapter 3, as in force at that time, is taken to be registered under Division 6 of Part 2 of Chapter 3 for the period ending on the date that registration of the unit trust scheme would have expired under section 89Q(2), as in force immediately before the commencement day.
A public unit trust scheme that, immediately before the commencement day, was registered as a registered declared public unit trust scheme under section 89N, as in force at that time, is taken to be registered under section 89R for the period ending on the date that registration of the unit trust scheme would have expired under section 89Q(2), as in force immediately before the commencement day.
Sch. 2 cl. 31(7A) inserted by No. 41/2013 s. 27.
An acquisition by a person before 1 July 2009 of an interest in a private unit trust scheme, private company, wholesale unit trust scheme or public unit trust scheme that was not land rich under this Act as in force on the date of that acquisition is not to be taken into account in determining whether an acquisition on or after 1 July 2012 of an interest in the scheme or company is a relevant acquisition of a further interest under section 78(1)(b).
In this clause, commencement day means the day on which section 12 of the Duties Amendment (Landholder) Act 2012 comes into operation.
Sch. 2 cl. 32 inserted by No. 40/2014 s. 9.
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