NSWIn ForceAct
Duties Act 1997
224Farm machinery and commercial vehicles
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#### 224 Farm machinery and commercial vehicles
224 Farm machinery and commercial vehicles
> > (1) Mortgage duty is not chargeable on so much of an advance to a natural person or a strata corporation for the acquisition of farm machinery or a commercial vehicle as is secured by the mortgage.
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> > (2) In this section—
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> > commercial vehicle means—
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> > > (a) a motor vehicle or trailer within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) constructed or adapted principally for the carriage of goods but does not include a motor vehicle of the kind known as a utility, a station wagon or a panel van, or
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> > > (b) a vehicle without motive power of its own and constructed or adapted principally for the carriage of goods and for being drawn by a motor vehicle within the meaning of that Act.
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> > farm machinery means—
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> > > (a) a harvester, binder, tractor, plough or other agricultural implement, or
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> > > (b) a boat within the meaning of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) or fishing gear within the meaning of that Act, or
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> > > (c) any other goods of a class commonly used for the purposes of a farming undertaking that are determined by the Chief Commissioner to be farm machinery for the purposes of this section,
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> > where the goods are acquired for the purposes of a farming undertaking.
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> > farming undertaking includes—
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> > > (a) any agricultural, apicultural, dairy farming, horticultural, orcharding, pastoral, poultry keeping, viticultural or other business involving the cultivation of the soil, the gathering of crops or the rearing of livestock, and
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> > > (b) the business of taking fish, crustacea, oysters or any other marine, estuarine or fresh-water animal life, and
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> > > (c) the cutting of timber for sale, and
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> > > (d) any class of business determined by the Chief Commissioner to be a farming undertaking.
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> **s 224:** Am 1998 No 26, Sch 2.2 \[1\]; 2013 No 19, Sch 4.19 \[1\].