42RCommunity development levy payable for certain transactions

#### 42R Community development levy payable for certain transactions 42R Community development levy payable for certain transactions > > (1) A Local Aboriginal Land Council is liable to pay the community development levy for any dutiable transaction to which the levy applies that occurs in relation to a dealing with land vested in the Council (whether or not the Council is liable to pay duty in respect of the transaction under the [Duties Act 1997](/view/html/inforce/current/act-1997-123)). > > > (2) The community development levy applies to the following dutiable transactions— > > > > > (a) a transfer of land, > > > > > (b) an agreement for the sale or transfer of land, > > > > > (c) a declaration of trust over land, > > > > > (d) a lease of land in respect of which a premium is paid or agreed to be paid, > > > > > (e) any other transaction prescribed by the regulations. > > > (3) Except as provided by subsection (4), the community development levy does not apply to the following dutiable transactions— > > > > > (a) except as provided by the regulations, transactions that are exempt from duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123), > > > > > (b) transactions under a community benefit scheme providing home ownership for Aboriginal persons, > > > > > (c) transactions prescribed by the regulations. > > > (4) The community development levy is payable in respect of a dutiable transaction even though duty is not chargeable on the transaction because of section 280 of the [Duties Act 1997](/view/html/inforce/current/act-1997-123). > > > (5) The regulations may provide that the community development levy is payable for other transactions in relation to dealings with land vested in a Local Aboriginal Land Council and may also provide for the amount of the levy for those transactions. > > > (6) For the purposes of this Division, a dutiable transaction occurs when it is taken to occur for the purposes of the [Duties Act 1997](/view/html/inforce/current/act-1997-123). > > **ss 42Q–42S:** Ins 2009 No 58, Sch 1 \[3\].