253 Regulation-making power
(1) The Executive may make regulations for this Act.
(2) A regulation may prescribe offences for contraventions of a
regulation and prescribe maximum penalties of not more than
10 penalty units for offences against a regulation.
(see s 2A)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• ACAT
• ACT
• Australia
• authorised deposit-taking institution
• bankrupt or personally insolvent
• child
• civil partnership
• civil union
• commissioner for revenue
• Corporations Act
• doctor
• document
• external territory
• in relation to
• instrument (see s 14)
• land.
acquires, an interest in a landholder, for part 3.2 (Acquisition of
interests in certain landholders)—see section 84.
acquisition statement, for chapter 3 (Certain transactions treated as
transfers)—see section 87 (1).
Act imposing duty means—
(a) a corresponding Act; or
(b) an Act to which the Taxation Administration Act applies.
application to register a motor vehicle means—
(a) an application under the Vehicle Registration Act to register a
motor vehicle; or
(b) an application under the Vehicle Registration Act to transfer the
registration of a motor vehicle.
approved means approved by the commissioner.
asset, for part 3.6 (Voluntary transfers under Financial Sector
associated person—see section 77A.
Australian Securities Exchange means ASX Limited
ACN 008 624 691.
bankrupt means bankrupt or personally insolvent.
business, for part 3.6 (Voluntary transfers under Financial Sector
cancelled, for chapter 2 (Transactions concerning dutiable
chapter 3 property, in relation to a chapter 3 transaction, for chapter 3
(Certain transactions treated as transfers)—see section 76A.
chapter 3 transaction—see section 76.
charge includes impose.
commercial lease, for chapter 2 (Transactions concerning dutiable
commercial lease with premium, for chapter 2 (Transactions
concerning dutiable property)––see section 6A.
commercial purposes, for chapter 2 (Transactions concerning
dutiable property)––see section 6.
commissioner means the commissioner for revenue.
complying approved deposit fund means an entity that is a complying
approved deposit fund in accordance with the Superannuation
Industry (Supervision) Act 1993 (Cwlth), section 43.
complying superannuation fund—
(a) means an entity that is—
(i) a complying superannuation fund under the
Superannuation Industry (Supervision) Act 1993 (Cwlth),
section 42 or section 42A; or
(ii) an exempt public sector superannuation scheme under the
Superannuation Industry (Supervision) Act 1993 (Cwlth),
section 10 (1); and
(b) includes—
(i) a complying approved deposit fund; and
(ii) an eligible rollover fund.
consideration—see section 21.
corporation means a body corporate, whether incorporated in this
jurisdiction or elsewhere.
corresponding Act means an Act of another Australian jurisdiction
that corresponds to this Act.
corresponding law, in relation to a territory law, means a law of a
State or another Territory that is similar, or has a similar effect, to that
territory law.
cost, in relation to a lease—see section 136.
Crown lease—see the Land Titles Act 1925, dictionary.
declaration of trust, for chapter 2 (Transactions concerning dutiable
declared land sublease—see the Planning Act 2023, section 365 (1).
de facto relationship, for part 11.2 (Exemptions from duty—certain
personal relationships)—see section 232E.
deferral arrangement—
(a) for division 2.6A.1 (First home owner grant scheme and home
buyer concession scheme)—see section 75AC (2); or
(b) for division 2.6A.2 (Other duty deferral schemes)—see
section 75AI (2).
demonstrator, for part 9.2 (Exemptions)—see section 208A.
determined rate, in relation to duty, means a rate determined by the
Minister under the Taxation Administration Act, section 139 for the
provision where the expression occurs.
discretionary trust means a trust under which the vesting of the whole
or any part of the capital of the trust estate, or the whole or any part
of the income from that capital, or both—
(a) is required to be determined by a person either in respect of the
identity of the beneficiaries, or the quantum of interest taken, or
both; or
(b) will occur if a discretion conferred under the trust is not
exercised; or
(c) has occurred but under which the whole or any part of that
capital or the whole or any part of that income, or both, will be
divested from the person or people in whom it is vested if a
discretion conferred under the trust is exercised.
domestic relationship—see the Domestic Relationships Act 1994,
section 3.
dutiable property—see section 10.
dutiable transaction—see section 7 (2).
dutiable value—
(a) of a motor vehicle for part 9.1 (Imposition and rates of duty)—
see section 203; and
(b) of other dutiable property—see section 20.
duty deferral scheme, for division 2.6A.2 (Other duty deferral
schemes)—see section 75AG (1).
eligible person—
(a) for division 2.6A.1 (First home owner grant scheme and home
buyer concession scheme)—see section 75; or
(b) for a duty deferral scheme, for division 2.6A.2 (Other duty
deferral schemes)—see section 75AG (2) (a).
eligible property, for division 2.6A.1 (First home owner grant scheme
and home buyer concession scheme)—see section 75A.
eligible rollover fund means an entity that is an eligible rollover fund
in accordance with the Superannuation Industry (Supervision)
Act 1993 (Cwlth), section 242, and includes an entity the trustee of
which is satisfied will be an eligible rollover fund within 12 months
after the date when a liability to duty arises (or would otherwise
arise).
eligible transaction, for a duty deferral scheme, for division 2.6A.2
(Other duty deferral schemes)—see section 75AG (2) (b).
entity, for part 3.2 (Acquisition of interests in certain landholders)—
see section 78A.
exchanging members, for division 3.7.2 (Exemptions—‘top hatting’
arrangements)—see section 115I.
financial institution, for division 2.5.2A (Alternative finance
transactions)—see section 64.
financial market—see the Corporations Act, section 9.
first executed, for an instrument (including a contract)—see
section 243.
FS (TR) Act, for part 3.6 (Voluntary transfers under Financial Sector
home buyer concession scheme, for division 2.6A.1 (First home
owner grant scheme and home buyer concession scheme)—see
section 75.
hospital means a recognised hospital within the meaning of the
Health Insurance Act 1973 (Cwlth).
instrument includes a document and a written statement.
insurance includes assurance.
insurance intermediary—see the Insurance Contracts Act 1984
(Cwlth), section 11.
interest—
(a) for this Act generally—includes an estate, an interest under a
lease or a sublease, a proprietary right and a beneficial interest;
and
(b) in a landholder, for part 3.2 (Acquisition of interests in certain
landholders)—see section 83.
international transport, in relation to freight, means the transport, in
connection with trade or commerce, of the freight between—
(a) a place in a foreign country; and
(b) a place in—
(i) another foreign country; or
(ii) Australia; or
(iii) an external Territory.
interposed trust, for division 3.7.2 (Exemptions—‘top hatting’
arrangements)—see section 115I.
land—
(a) for this Act generally—includes a stratum; and
(b) for part 3.2 (Acquisition of interests in certain landholders)—
see section 80A.
landholder—see section 79.
landholding, for part 3.2 (Acquisition of interests in certain
landholders)—see section 80.
land used for primary production means land used primarily for—
(a) the cultivation of the land for the purpose of selling the produce
of the cultivation; or
(b) the maintenance of animals or poultry on the land for the
purpose of selling them or their natural increase or bodily
produce; or
(c) the keeping of bees on the land for the purpose of selling their
honey; or
(d) a plant nursery; or
(e) the propagation for sale of mushrooms, orchids or flowers; or
(f) aquaculture.
land use entitlement means an entitlement to occupy land within the
ACT conferred through an ownership of shares in a company or an
ownership of units in a unit trust scheme, or a combination of a
shareholding or ownership of units together with a lease or licence.
lease means—
(a) a lease of land in the ACT or an agreement for a lease of land in
the ACT; or
(b) an agreement (for example, a licence) by which a right to use
land in the ACT at any time and for any purpose is given to or
acquired by a person.
lessee includes—
(a) any assignee for the time being of the rights of the lessee under
a lease; and
(b) a person who has a right of the kind mentioned in the definition
of lease, paragraph (b).
lessor includes a person who grants a right of the kind mentioned in
the definition of lease, paragraph (b).
licensed vehicle dealer means a licensed dealer under the Sale of
Motor Vehicles Act 1977, or the holder of a similar licence under a
corresponding law.
life company—see the Life Insurance Act 1995 (Cwlth), schedule.
listed company means a company whose shares are quoted on any of
the following exchanges:
(a) the Australian Securities Exchange;
(b) the London Stock Exchange;
(c) the New York Stock Exchange;
(d) the New Zealand Exchange;
(e) an exchange that is a member of the World Federation of
Exchanges;
(f) an exchange prescribed by regulation.
listed trust means a unit trust scheme whose units are quoted on any
of the following exchanges:
(a) the Australian Securities Exchange;
(b) the London Stock Exchange;
(c) the New York Stock Exchange;
(d) the New Zealand Exchange;
(e) a stock exchange that is a member of the World Federation of
Exchanges;
(f) an exchange prescribed by regulation.
majority shareholder, in relation to a private company, means—
(a) for a company the voting shares in which are not divided into
classes—a person entitled to not less than 50% of those shares,
and
(b) for a company the voting shares in which are divided into
classes—a person entitled to not less than 50% of the shares in
one of those classes.
managed investment scheme means a managed investment scheme
within the meaning of the Corporations Act, section 9 that complies
with that Act, chapter 5C, and includes a public unit trust scheme.
market rent, for chapter 2 (Transactions concerning dutiable
market value, in relation to a motor vehicle, means the amount for
which the motor vehicle might reasonably be sold, free of
encumbrances, on the open market.
marriage includes a void marriage.
matrimonial property, of a marriage, means property of the parties to
the marriage or of either of them.
mortgage means any charge on land created merely for securing a
debt.
motor vehicle means a motor vehicle or trailer within the meaning of
the Vehicle Registration Act, but does not include a caravan or
camper trailer.
motor vehicle transfer application, for part 11.2 (Exemptions from
duty—certain personal relationships)—see section 232E.
new motor vehicle means a motor vehicle that has not previously
been registered under—
(a) the Vehicle Registration Act or another territory law; or
(b) a law of the Commonwealth, a State or another Territory.
partner—a person’s partner is either of the following:
(a) the person’s spouse;
(b) someone with whom the person has a domestic relationship.
partnership interest—see section 10 (1) (f).
party, to a marriage, includes a person who was a party to a marriage
that has been dissolved or annulled, in Australia or elsewhere.
premium––for chapter 2 (Transactions concerning dutiable
primary production, for chapter 2 (Transactions concerning dutiable
private company means a company that is not a listed company.
property transferred, by a dutiable transaction—see section 8 (2).
public unit trust scheme means any of the following unit trust
schemes:
(a) a listed trust;
(b) a widely held trust.
receiving body, for part 3.6 (Voluntary transfers under Financial
Sector (Transfer and Restructure) Act 1999 (Cwlth))—see
section 115A.
registered scheme—see the Corporations Act, section 9.
Note A registered scheme under the Corporations Act is a managed investment
scheme that is registered under that Act, ch 5C.
relationship property, of a domestic relationship, means property of
the parties to the relationship or of either of them.
relevant acquisition, in relation to a person, for part 3.2 (Acquisition
of interests in certain landholders)—see section 86.
relevant period, for a relevant acquisition, for part 3.2 (Acquisition
of interests in certain landholders)—see section 78.
rent reserved, for chapter 2 (Transactions concerning dutiable
residential lease means a lease granted for residential purposes only.
responsible entity—see the Corporations Act, section 9.
right, in relation to shares or units, means any right (whether actual,
prospective or contingent) of a person to have shares or units issued
by a company or trust to the person, whether or not on payment of
money or for other consideration, but does not include a convertible
note.
scheme includes—
(a) any plan, action or conduct of a person; and
(b) any trust, agreement, arrangement or other understanding
between people, whether oral or in writing, whether express or
implied and whether or not it is intended to be legally binding;
and
(c) any series or combination of schemes mentioned in
paragraphs (a) and (b).
shares includes rights to shares.
significant interest, in a landholder—see section 83.
special disability trust—see the Social Security Act 1991 (Cwlth),
section 1209L.
spouse party, for part 11.2 (Exemptions from duty—certain personal
relationships)—see section 232E.
Taxation Administration Act means the Taxation Administration
Act 1999.
tax avoidance scheme means a scheme by which a person obtains or
seeks to obtain a reduction in, or exemption from, tax that would
otherwise be payable and where it would be reasonable to conclude
that the person entered into or carried out the scheme principally for
the purpose of obtaining the reduction or exemption, having regard
to—
(a) the way in which the scheme was entered into or carried out; or
(b) the form and substance of the scheme; or
(c) the time when the scheme was entered into and the length of
time during which it was carried out; or
(d) the extent to which the scheme reduces the tax that would be
otherwise payable; or
(e) whether the scheme has resulted in, or can reasonably be
expected to result in, a change in any person’s financial position,
or in any other consequence for any person; or
(f) the nature of any connection (whether of a business, family or
any other nature) between the person and a person mentioned in
paragraph (e).
time, of transfer of dutiable property—see section 8 (2).
trading stock, for part 9.2 (Exemptions)—see section 208A.
transaction, for part 11.2 (Exemptions from duty—certain personal
relationships)—see section 232E.
transfer includes any of the following:
(a) assignment;
(b) exchange;
(c) a buyback of shares in accordance with the Corporations Act,
division 2J.1.2;
(d) vesting of an interest in property under a law of the Territory,
the Commonwealth, a State or another Territory, unless the
interest does not exist before it is vested;
(e) vesting of an interest in property under a court order, unless the
interest did not exist before it is vested.
transferee, of dutiable property—see section 8 (2).
trustee includes—
(a) a person who is a trustee under an implied or constructive trust;
and
(b) in relation to a deceased person—an executor of the will, or an
administrator of the estate, of the deceased person; and
(c) a receiver, guardian, committee or manager of the property of a
person under a legal or other disability; and
(d) a receiver or manager of the property of a company, or a
liquidator of a company for the purpose of its winding-up; and
(e) a person who holds an interest in a landholder for the benefit of
another person; and
(f) a person who may be required to exercise his or her voting
power in relation to an interest in a landholder at the direction of
another person.
unencumbered value—see section 22.
unit, in relation to a unit trust scheme, means—
(a) a right or interest (whether described as a unit or a sub-unit or
otherwise) of a beneficiary under the scheme; or
(b) a right to any such right or interest.
unit trust scheme means any arrangements made for the purpose, or
having the effect, of providing, for people having funds available for
investment, facilities for the participation by them, as beneficiaries
under a trust, in any profits, income or distribution of assets arising
from the acquisition, holding, management or disposal of any
property whatever under the trust.
Vehicle Registration Act means the Road Transport (Vehicle
Registration) Act 1999.
made or in force under the Act, including a regulation (see Legislation
Act, s 104).
voluntary transfer, for part 3.6 (Voluntary transfers under Financial
Sector (Transfer and Restructure) Act 1999 (Cwlth))—see
section 115A.
widely held trust means a unit trust scheme that has not less than
300 unit holders none of whom, individually or with an associated
person, is entitled to more than 20% of the units in the trust, and for
the purposes of this definition—
(a) if a registered unit holder in a unit trust scheme holds units as a
trustee for 2 or more trusts the unit holder is treated as a separate
registered unit holder in relation to each of those trusts and the
units held under each trust are to be treated as a separate unit
holding; but
(b) a trustee is not treated as a separate registered unit holder in
relation to 2 or more trusts if, as separate registered unit holders
in relation to those trusts, they would be associated persons.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.