Duties (Personal Relationship Agreements) Amendment Act 2002 (ACT)

Case

Duties (Personal Relationship Agreements) Amendment Act 2002

2002 No 14

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Act amended  2

  4. No double duty New section 17 (7)  2

  5. Transfers related to certain personal relationships Section 72, heading 2

  6. Section 72 (1)  3

  7. Section 72 (2)  3

  8. New sections 74A and 74B  3

  9. Ch 3 transactions—concessional duty Section 91 (1) (c) to (f)          5

  10. New part 3.7  6

  11. Vehicles transferred under certain court orders and agreements Section 213   8

  12. Objections and review of decisions New section 252 (1) (ca), (cb), (cc) and (cd)        10

  13. New section 252 (1) (oa) and (ob)  10

  14. Section 252 (1)  11

  15. Dictionary, new definitions of marriage and matrimonial property     11

  16. Dictionary, new definition of party  11

  17. Dictionary, new definition of relationship property  11

Duties (Personal Relationship Agreements) Amendment Act 2002

2002 No 14

An Act to amend the Duties Act 1999

Notified under the Legislation Act 2001 on 23 May 2002


(see Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Duties (Personal Relationship Agreements) Amendment Act 2002.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act 2001, s 75).

  3. Act amended

    This Act amends the Duties Act 1999.

  4. No double duty
    New section 17 (7)

    insert

  5. This section does not apply to a financial agreement made under the Family Law Act 1975 (Cwlth), section 90B, 90C or 90D that is binding on the parties under that Act, or to a domestic relationship agreement or termination agreement under the Domestic Relationships Act 1994, if:

    (a)the agreement provides for a transfer of dutiable property; and

    (b)the transfer is not exempt from duty under section 74B (Transfers relating to certain personal relationships).

  6. Transfers related to certain personal relationships
    Section 72, heading

    substitute

  7. Transfer to spouse of interest in principal place of residence

  8. Section 72 (1)

    omit

  9. Section 72 (2)

    omit

  10. Duty

    substitute

    Duty

  11. New sections 74A and 74B

    insert

74AFinancial and other agreements

No duty is chargeable under this chapter on—

(a)a financial agreement made under the Family Law Act 1975 (Cwlth), section 90B, 90C or 90D that is binding on the parties under that Act; or

(b)a domestic relationship agreement, or a termination agreement, under the Domestic Relationships Act 1994.

74BTransfers relating to certain personal relationships

  1. No duty is chargeable under this chapter on a transfer of dutiable property under—

    (a)an order of a court under the Family Law Act 1975 (Cwlth) or the Married Persons’ Property Act 1986; or

    (b)any other order of a court for the distribution of property consequent on the end of the relationship between spouses.

  2. No duty is chargeable under this chapter on a transfer of dutiable property under a financial agreement made under the Family Law Act 1975 (Cwlth), section 90B, 90C or 90D that is binding on the parties under that Act, if—

    (a)the commissioner is satisfied that the transfer is consequent on the dissolution, annulment or irretrievable breakdown of a marriage; and

    (b)the property is matrimonial property; and

    (c)the transfer is:

    (i)to the parties to the marriage, or to either of them; or

    (ii)to a child or children of either of them, or to a person in trust for the child or children.

  3. No duty is chargeable under this chapter on a transfer of dutiable property under a domestic relationship agreement, or a termination agreement, under the Domestic Relationships Act 1994, if—

    (a)the agreement is in writing and signed by each party; and

    (b)the agreement is endorsed with, or accompanied by, the certificates mentioned in that Act, section 33 (1) (d) for each party; and

    NoteThe certificates relate to independent legal advice about the agreement.

    (c)the commissioner is satisfied that the transfer is consequent on the end of the domestic relationship between the parties; and

    (d)the property is relationship property; and

    (e)the transfer is—

    (i)to the parties to the relationship, or to either of them; or

    (ii)to a child or children of either of them, or to a person in trust for the child or children.

  4. For subsection (2) (a), in deciding whether a transfer is consequent on the irretrievable breakdown of a marriage, the commissioner must have regard to any statutory declaration made by a party to the marriage to the effect that—

    (a)the party intends to apply for dissolution or annulment of the marriage; or

    (b)the parties to the marriage have separated, and there is no reasonable likelihood of cohabitation being resumed.

  5. For subsection (3) (c), in deciding whether a transfer under a domestic relationship agreement is consequent on the end of a relationship, the commissioner must have regard to any statutory declaration made by a party to the relationship to the effect that the relationship has ended.

  6. Subsections (4) and (5) do not limit the commissioner’s powers under the Taxation Administration Act 1999, section 82 (Power to require information, instruments or records or attendance for examination).

  7. For this section:

    child means a person under 18 years old.

  8. Ch 3 transactions—concessional duty
    Section 91 (1) (c) to (f)

    substitute

    (c)made by operation of law on the bankruptcy of a person or the winding-up of a company.

  9. New part 3.7

    insert

Part 3.7Exemptions—chapter 3 transactions

115HExempt transactions relating to certain personal relationships

  1. No duty is chargeable on a chapter 3 transaction made under—

    (a)an order of a court under the Family Law Act 1975 (Cwlth) or the Married Persons’ Property Act 1986; or

    (b)any other order of a court for the distribution of property consequent on the end of the relationship between spouses.

  2. No duty is chargeable on a chapter 3 transaction made under a financial agreement made under the Family Law Act 1975 (Cwlth), section 90B, 90C or 90D that is binding on the parties under that Act, if—

    (a)the commissioner is satisfied that the transaction is consequent on the dissolution, annulment or irretrievable breakdown of a marriage; and

    (b)the property that is the subject of the transaction is matrimonial property; and

    (c)the parties to the transaction are—

    (i)the parties to the marriage, or either of them; or

    (ii)a child or children of either of them, or a trustee for the child or children.

  3. No duty is chargeable on a chapter 3 transaction made under a domestic relationship agreement, or a termination agreement, under the Domestic Relationships Act 1994, if—

    (a)the agreement is in writing and signed by each party; and

    (b)the agreement is endorsed with, or accompanied by, the certificates mentioned in that Act, section 33 (1) (d) for each party; and

    NoteThe certificates relate to independent legal advice about the agreement.

    (c)the commissioner is satisfied that the transaction is consequent on the end of the domestic relationship between the parties; and

    (d)the property that is the subject of the transaction is relationship property; and

    (e)the parties to the transaction are—

    (i)the parties to the relationship, or either of them; or

    (ii)a child or children of either of them, or a trustee for the child or children.

  4. For subsection (2) (a), in deciding whether a transaction is consequent on the irretrievable breakdown of a marriage, the commissioner must have regard to any statutory declaration made by a party to the marriage to the effect that—

    (a)the party intends to apply for dissolution or annulment of the marriage; or

    (b)the parties to the marriage have separated, and there is no reasonable likelihood of cohabitation being resumed.

  5. For subsection (3) (c), in deciding whether a transaction under a domestic relationship agreement is consequent on the end of a relationship, the commissioner must have regard to any statutory declaration made by a party to the relationship to the effect that the relationship has ended.

  6. Subsections (4) and (5) do not limit the commissioner’s powers under the Taxation Administration Act 1999, section 82 (Power to require information, instruments or records or attendance for examination).

  7. For this section:

    child means a person under 18 years old.

    NoteFor exemptions under pt 3.6, see s 115G.

  8. Vehicles transferred under certain court orders and agreements
    Section 213

    substitute

  9. Vehicle registration transfers relating to certain personal relationships

  10. No duty is chargeable under this chapter on an application to transfer the registration of a motor vehicle following a transfer of property in the vehicle to the applicant under—

    (a)an order of a court under the Family Law Act 1975 (Cwlth) or the Married Persons’ Property Act 1986; or

    (b)any other order of a court for the distribution of property consequent on the end of the relationship between spouses.

  11. No duty is chargeable under this chapter on an application to transfer the registration of a motor vehicle following a transfer of property in the vehicle to the applicant under a financial agreement made under the Family Law Act 1975 (Cwlth), section 90B, 90C or 90D that is binding on the parties under that Act, if—

    (a)the commissioner is satisfied that the transfer is consequent on the dissolution, annulment or irretrievable breakdown of a marriage; and

    (b)the vehicle is matrimonial property; and

    (c)the transfer is—

    (i)to the parties to the marriage, or to either of them; or

    (ii)to a child or children of either of them, or to a person in trust for the child or children.

  12. No duty is chargeable under this chapter on an application to transfer the registration of a motor vehicle following a transfer of property in the vehicle to the applicant under a domestic relationship agreement, or a termination agreement, under the Domestic Relationships Act 1994, if—

    (a)the agreement is in writing and signed by each party; and

    (b)the agreement is endorsed with, or accompanied by, the certificates mentioned in that Act, section 33 (1) (d) for each party; and

    NoteThe certificates relate to independent legal advice about the agreement.

    (c)the commissioner is satisfied that the transfer is consequent on the end of the relationship between the parties; and

    (d)the vehicle is relationship property; and

    (e)the transfer is—

    (i)to the parties to the relationship, or to either of them; or

    (ii)to a child or children of either of them, or to a person in trust for the child or children.

  13. For subsection (2) (a), in deciding whether a transfer is consequent on the irretrievable breakdown of a marriage, the commissioner must have regard to any statutory declaration made by a party to the marriage to the effect that—

    (a)the party intends to apply for dissolution or annulment of the marriage; or

    (b)the parties to the marriage have separated, and there is no reasonable likelihood of cohabitation being resumed.

  14. For subsection (3) (c), in deciding whether a transfer under a domestic relationship agreement is consequent on the end of a relationship, the commissioner must have regard to any statutory declaration made by a party to the relationship to the effect that the relationship has ended.

  15. Subsections (4) and (5) do not limit the commissioner’s powers under the Taxation Administration Act 1999, section 82 (Power to require information, instruments or records or attendance for examination).

  16. For this section:

    child means a person under 18 years old.

  17. Objections and review of decisions
    New section 252 (1) (ca), (cb), (cc) and (cd)

    insert

    (ca)under section 74B (2) (a) that a transfer is not consequent on the dissolution, annulment or irretrievable breakdown of a marriage; or

    (cb)under section 74B (3) (c) that a transfer is not consequent on the end of a domestic relationship; or

    (cc)under section 115H (2) (a) that a transaction is not consequent on the dissolution, annulment or irretrievable breakdown of a marriage; or

    (cd)under section 115H (3) (c) that a transaction is not consequent on the end of a domestic relationship; or

  18. New section 252 (1) (oa) and (ob)

    insert

    (oa)under section 213 (2) (a) that a transfer is not consequent on the dissolution, annulment or irretrievable breakdown of a marriage; or

    (ob)under section 213 (3) (c) that a transfer is not consequent on the end of a domestic relationship; or

  19. Section 252 (1)

    renumber paragraphs when Act next republished under Legislation Act 2001

  20. Dictionary, new definitions of marriage and matrimonial property

    insert

    marriage includes a void marriage.

    matrimonial property, of a marriage, means property of the parties to the marriage or of either of them.

  21. Dictionary, new definition of party

    insert

    party, to a marriage, includes a person who was a party to a marriage that has been dissolved or annulled, in Australia or elsewhere.

  22. Dictionary, new definition of relationship property

    insert

    relationship property, of a domestic relationship, means property of the parties to the relationship or of either of them.

Endnote

Republications of amended laws

For the latest republication of amended laws, see align="center">[Presentation speech made in Assembly on 9 May 2002]

I certify that the above is a true copy of the Duties (Personal Relationship Agreements) Amendment Bill 2002 which was passed by the Legislative Assembly on 16 May 2002.

Clerk of the Legislative Assembly

© Australian Capital Territory 2002

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