Duties Regulations 2008

In this regulation —

a loan, including any security for the loan;

a credit card account;

a hire‑purchase agreement;

a chattel lease, whether finance or operating;

any rights of a lender or bailor that are —

usually conferred in relation to a financial asset referred to in paragraphs (a) to (d); or

incidental to a financial asset referred to in paragraphs (a) to (d);

an estate or interest in fixed infrastructure; and

a financial asset.

For the purposes of section 11 of the Act, each of the following transactions is prescribed as an excluded transaction —

the vesting of a security interest under the Financial Sector (Business Transfer and Group Restructure) Act 1999 (Commonwealth) Part 3;

a transaction the subject of which is an interest in a partnership, unless the transaction is a partnership acquisition under section 11(1)(i) of the Act;

the temporary transfer of the whole or part of an entitlement under an authorisation in accordance with the Fish Resources Management Act 1994 section 141, unless the transfer gives rise to the transfer of a beneficial interest in the authorisation;

the transfer of dutiable property (other than land or a right in relation to land) that would, but for this paragraph, be a transfer on which duty is not chargeable under section 42(1) of the Act;

the creation of an easement under the Transfer of Land Act 1893 Part IVA;

the surrender of an easement pursuant to the Transfer of Land Act 1893 section 129C(1)(a) or 229A(2);

a partnership acquisition where —

the partnership holds no land in Western Australia, other than a lease or leases having a nominal value; and

the partnership holds no indirect interest in land in Western Australia, other than in a lease or leases having a nominal value;

a declaration of trust over dutiable property if —

the dutiable property subject to the declaration of trust includes fixed to land financial assets and does not include any other dutiable property (except for fixed infrastructure connected with those fixed to land financial assets or chattels); and

the declaration of trust is for the purposes of creating an asset‑backed securitisation arrangement;

a transfer of, or an agreement for the transfer of, dutiable property if —

the dutiable property includes fixed to land financial assets and does not include any other dutiable property (except for fixed infrastructure connected with those fixed to land financial assets or chattels); and

the transfer, or agreement, directly relates to the creation or winding up of an asset‑backed securitisation arrangement;

a transfer of, or an agreement for the transfer of, dutiable property if —

the dutiable property includes fixed to land financial assets and does not include any other dutiable property (except for fixed infrastructure connected with those fixed to land financial assets or chattels); and

the transfer is to, or the agreement is for the transfer to, an asset‑backed securitisation arrangement.

Subregulation (1)(b) applies to all transactions that take place on or after 1 July 2008, whether before or after the commencement of the Duties Amendment Regulations (No. 2) 2009 regulation 4.

Subregulation (1)(d), (e) and (f) apply to all transactions that take place on or after 1 July 2008, whether before or after the commencement of the Duties Amendment Regulations (No. 2) 2013 regulation 4.

Subregulation (1)(g) applies to all transactions that take place on or after 1 July 2008, whether before or after the commencement of the Duties Amendment Regulations 2016 regulation 4.

Subregulation (1)(h), (i) and (j) apply to a transaction that occurs on or after 13 June 2019.