Duties Amendment Act 2011 (WA)

Western Australia

Duties Amendment Act 2011

Western Australia

Duties Amendment Act 2011

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	Act amended	2
4.	Section 244A inserted	2

244A.	Transfers between spouses or de facto
partners 2

Western Australia

Duties Amendment Act 2011

No. 27 of 2011

An Act to amend the Duties Act 2008.

[Assented to 11 July 2011]

The Parliament of Western Australia enacts as follows:

Duties Amendment Act 2011

s. 1

1.             Short title

This is the Duties Amendment Act 2011.

2.             Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 come into operation on the day on which this Act receives the Royal Assent (assent day);
(b)	the rest of the Act —

(i)      comes into operation on 1 July 2011 if assent day is not later than that day; or

(ii)      is deemed to have come into operation on 1 July 2011 if assent day is later than that day.

3.             Act amended

This Act amends the Duties Act 2008.

4.             Section 244A inserted

After section 243 insert:

244A. Transfers between spouses or de facto partners

(1)

In this section —

de facto partners of 2 years has the meaning given in

section 9.

(2)

Duty is not chargeable on the transfer of a licence for a

vehicle if subsections (3), (4), (5) and (6) apply.

(3)

This subsection applies if the person from whom, and

the person to whom, the licence is transferred are

married to each other or are de facto partners of

2 years.

Duties Amendment Act 2011

s. 4

(4)

This subsection applies if neither the person from

whom, nor the person to whom, the licence is

transferred holds the vehicle as trustee of a trust.

(5)

This subsection applies if the fee that would have been

payable under the Road Traffic Act for the grant of a

licence to the transferee for the vehicle on the day of

the transfer would have been reduced under

section 19(3) of that Act for the reason, or for reasons

that include the reason, that the vehicle is used

exclusively for social, domestic or pleasure purposes

and not for the carriage of passengers or goods, for hire

or reward or in any business, trade or profession.

(6)

This subsection applies if the application for the

transfer of the licence is accompanied by, or includes, a

declaration in the approved form to the effect that the

circumstances described in subsections (3), (4) and (5)

apply.