65Exemptions from duty

65 Exemptions from duty

65 Exemptions from duty

(1) General A dutiable transaction is exempt from duty under this Chapter if it is, or occurs as a consequence of any of the following—

(a) the appointment of a receiver or trustee in bankruptcy,

(b) the appointment of a liquidator,

(c) the transfer of dutiable property to, or vesting of dutiable property in, a former bankrupt for no consideration as a consequence of the discharge or annulment of bankruptcy,

(d) a dutiable transaction over dutiable property arising from the discharge or transfer of a mortgage or declaration of trust over a mortgage (and a reference in this paragraph to a mortgage includes a reference to a charge and an interest in a mortgage),

(e) a dutiable transaction comprising—

(i) a transfer by way of discharge of mortgage, or

(ii) a transfer by way of mortgage (not being a transfer by way of mortgage of land, or an estate or interest in land, under the Real Property Act 1900), if duty as on a mortgage has been paid in respect of an instrument evidencing the mortgage or the instrument is exempt from, or is not liable to, duty,

(f) a declaration of a bare trust over dutiable property, if—

(i) duty under this Act is not chargeable in relation to the transfer of the dutiable property to the trustee of the bare trust under section 274, and

(ii) the beneficiary of the bare trust is taken to be the person directing the transferee under section 274,

(g) the vesting of dutiable property in a statutory trust as a consequence of the making of an order under section 66G of the Conveyancing Act 1919.

(2) Employee and employer organisations No duty is chargeable under this Chapter on a transfer of dutiable property made pursuant to, or in accordance with, an order or certificate under Chapter 3 of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth or the rules of—

(a) an association of employees or employers registered as an organisation under the of the Commonwealth, or