Duties Act 2008 (WA)

Western Australia

Western Australia

Duties Act 2008

An Act dealing with the imposition of a number of kinds of duty.

This is the Duties Act 2008.

This Act comes into operation as follows:

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on 1 July 2008.

In this Act, unless the contrary intention appears —

chattel does not include any of the following —

• (a)

  chattels that are stock‑in‑trade;

• (b)

  chattels held for use in manufacture;

• (c)

  chattels under manufacture;

• (d)

  chattels held or used in connection with the business of primary production;

• (e)

  livestock;

• (f)

  a vehicle the transfer or grant of a licence for which is chargeable with, or exempt from, vehicle licence duty;

• (g)

  a ship or vessel;

• (ga)

  a thing that is land to which section 3A(1)(f) applies;

• (h)

  any other chattel prescribed for the purpose of this definition;

consideration means the amount of a monetary consideration or the value of a non‑monetary consideration;

corporate trustee has the meaning given in section 65;

corporation has the meaning given in the Corporations Act section 57A;

Corporations Act means the Corporations Act 2001 (Commonwealth);

court includes a tribunal;

derivative mining right means an authorisation of a kind described in the Mining Act 1978 section 118A (whether or not the authorisation purports to be made under that section);

director has the meaning given in the Corporations Act section 9;

discretionary trust means —

• (a)

  a trust under which the vesting of the whole or any part of the capital of the trust property, or the whole or any part of the income from that capital, or both —

• (i)

  is required to be determined by a person either in respect of the identity of the beneficiaries, or the quantum of interest to be taken, or both; or

• (ii)

  will occur in the event that a discretion conferred under the trust is not exercised;

or

• (b)

  a trust that is, by regulation, declared to be a discretionary trust for the purposes of this Act,

but does not include —

• (c)

  a trust that is solely a charitable trust; or

  • (ca)

    a unit trust scheme; or

• (d)

  a trust that is, by regulation, declared not to be a discretionary trust for the purposes of this Act;

diversification lease has the meaning given in the Land Administration Act 1997 section 92B(1);

diversification lessee has the meaning given in the Land Administration Act 1997 section 3(1);

duplicate of a transaction record for a dutiable transaction means an executed instrument that wholly reproduces the transaction record;

dutiable property has the meaning given in section 15;

dutiable transaction has the meaning given in section 11;

duties Act means this Act or the Taxation Administration Act;

duty means duty under this Act;

duty…