NSWIn ForceAct
Duties Act 1997
83Types of agreements or transfers that are eligible
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#### 83 Types of agreements or transfers that are eligible
83 Types of agreements or transfers that are eligible
> > (1) The following types of agreement or transfer are eligible under the scheme—
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> > > (a) a new home purchase,
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> > > (b) an off the plan purchase,
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> > > (c) a vacant land purchase.
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> > (2) A new home purchase is an agreement for the sale or transfer, or a transfer, of land in New South Wales that is the site of a new home that is complete and ready for occupation.
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> > (3) An off the plan purchase is an agreement for the sale or transfer of land in New South Wales that is intended to be used as the site of a new home, which is to be built before completion of the agreement.
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> > (4) A vacant land purchase is an agreement for the sale or transfer, or a transfer, of vacant land in New South Wales that is intended to be used as the site of a new home and which is not an off the plan purchase.
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> > (5) The agreement or transfer must be for the whole of the land or, if the land is a parcel of land on which 2 or more homes are built, or are being built, for that part of the land that is an exclusive occupancy.
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> > (6) Land is an exclusive occupancy only if the Chief Commissioner is satisfied that the person acquiring the land will be entitled to occupy a home that is built, or being built, on the land as a place of residence to the exclusion of other persons who occupy or are to occupy the other home or homes built or being built on the parcel of land.
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> > (7) In relation to a new home purchase or an off the plan purchase only, a reference in this Division to a new home includes a reference to a substantially renovated home.
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> > (8) A substantially renovated home is a renovated home—
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> > > (a) that is new residential premises within the meaning of section 40–75 (1) (b) of the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth, and
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> > > (b) that, as renovated, has not been previously occupied or sold as a place of residence.
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> **s 83:** Rep 2011 No 43, Sch 1 \[12\]. Ins 2012 No 46, Sch 1.3.