10What is *dutiable property*?

10 What is *dutiable property*?

(1) Dutiable property is any of the following—

S. 10(1)(a) amended by No. 46/2004 s. 4(a).

(a) each of the following estates or interests in land in Victoria—

(i) an estate in fee-simple;

S. 10(1)(a)(ia) inserted by No. 58/2003 s. 5(1).

(ia) a life estate;

S. 10(1)(a)(ib) inserted by No. 58/2003 s. 5(1).

(ib) an estate in remainder;

(ii) a Crown leasehold estate;

(iii) a term referred to in section 153 of the Property Law Act 1958 that may be enlarged into a fee-simple under that section;

S. 10(1)(a)(iv) repealed by No. 39/2009 s. 6(1).

S. 10(1)(a)(v) inserted by No. 46/2004 s. 4(b).

(v) a land use entitlement;

S. 10(1)(ab) inserted by No. 39/2009 s. 6(2).

(ab) a lease, if the lease is of a kind referred to in section 7(1)(b)(v) or 7(1)(b)(va);

S. 10(1)(ac) inserted by No. 39/2009 s. 6(2).

(ac) an interest in any dutiable property referred to in paragraph (a) or (ab) other than—

(i) a security interest;

(ii) an option to purchase;

(iii) a lease other than a lease referred to in paragraph (ab);

S. 10(1)(ad) inserted by No. 17/2019 s. 6(1), amended by No. 47/2020 s. 5.

(ad) an interest (other than a security interest) in fixtures that is created, dealt with or held separately from an estate or interest in the land on which the fixtures are located;

(b) shares—

(i) in a Victorian company; or

(ii) in a corporation incorporated outside Australia that are kept on the Australian register kept in Victoria;

(c) units in a unit trust scheme, being units—

(i) registered on a register kept in Victoria; or

(ii) that are not registered on a register kept in Australia, but in respect of which the manager (or, if there is no manager, the trustee) of the unit trust scheme is a Victorian company or is a natural person resident in Victoria;

S. 10(1)(d) amended by Nos 30/2002 s. 4(b), 46/2004 s. 4(c).

(d) goods in Victoria, if the subject of an arrangement that includes a dutiable transaction over an estate or interest in land elsewhere referred to in this section, including goods used in connection with a business carried on or in connection with the land, but not including the following—

(i) goods that are stock-in-trade;

(ii) materials held for use in manufacture;