59Instrument relating to managed investment scheme

#### 59 Instrument relating to managed investment scheme 59 Instrument relating to managed investment scheme > > (1) Duty of $500 is chargeable in respect of an instrument that effects or evidences a dutiable transaction and which— > > > > > (a) amends, varies or replaces an instrument that establishes or governs a managed investment scheme, and > > > > > (b) does not transfer, or have the effect of transferring, any dutiable property to a person who does not hold units in the scheme, and > > > > > (c) does not have the effect of reducing the number of persons who hold units in the scheme. > > > (2) Duty of $500 is chargeable in respect of a declaration of trust— > > > > > (a) made by a trustee in respect of dutiable property that, immediately before the trust is declared, is held by the trustee as trustee of the prescribed interest scheme within the meaning of the [Corporations Law](/view/html/inforce/current/sl-1999-0703) as in force immediately before 1 July 1998, and > > > > > (b) to hold the dutiable property on trust for the responsible entity of the managed investment scheme. > > **s 59:** Subst 1998 No 63, Sch 1 \[3\]. Am 1998 No 104, Sch 2 \[13\] \[14\]; 1999 No 10, Sch 2 \[6\]; 2006 No 87, Sch 1 \[4\] (am 2006 No 120, Sch 2.91); 2008 No 122, Sch 1.2 \[5\]; 2023 No 26, Sch 1\[3\].