Act Sch. 3 cl. 13(1) varied (Act Sch. 3 cl. 27(1)(b))
9 Act Sch. 3 cl. 13(1) varied (Act Sch. 3 cl. 27(1)(b))
Clause 13(1) of Schedule 3 to the Act is varied as if the following were inserted instead of that subclause —
Despite section 190(1)(a), if the day that is 3 years before the day on which the relevant acquisition occurred is before 1 July 2008, section 190 is to be read as if —
the following paragraph were inserted instead of section 190(1)(a) —
“
an interest, other than one to which subsection (2) applies, that was held by the person or a related person, or by the person and a related person, before 1 July 2008; or
” ; and
the following subsection were inserted instead of section 190(2) —
“
This subsection applies to an interest in the landholder acquired by an acquisition (the earlier acquisition) if the relevant acquisition in respect of which duty is to be calculated under section 188(1) was made pursuant to an arrangement entered into —
during the prescribed period in respect of the earlier acquisition; and
in the opinion of the Commissioner, for a purpose of avoiding or reducing the amount of duty payable.
”.
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