8Imposition of duty on dutiable transactions that are not transfers

8 Imposition of duty on dutiable transactions that are not transfers (1) The duty charged by this Chapter on a dutiable transaction referred to in section 7(1)(b) is to be charged as if each such dutiable transaction were a transfer of dutiable property. (2) Accordingly, for the purpose of charging duty under this Chapter, in relation to a dutiable transaction specified in Column 1 of the following Table— (a) the property specified in Column 2 opposite the dutiable transaction is taken to be the property transferred (and a reference in this Act to property transferred includes a reference to such property); and (b) the person specified in Column 3 opposite the dutiable transaction is taken to be the transferee of the dutiable property (and a reference in this Act to a transferee includes a reference to such a person); and (c) the transfer of the dutiable property is taken to have occurred at the time specified in Column 4 opposite the dutiable transaction (and a reference in this Act to the time at which a transfer occurs includes a reference to such a time). S. 8(2) (Table) amended by Nos 46/2001 s. 4, 71/2004 s. 7, 39/2009 s. 5. | *Column 1* | *Column 2* | *Column 3* | *Column 4* | | --- | --- | --- | --- | | *Dutiable transaction* | *Property transferred* | *Transferee* | *When transfer occurs* | | declaration of trust | the property vested in the declarant as is subjected to the trust | the person declaring the trust | when the declaration becomes effective | | surrender | the surrendered dutiable property | the person to whom the property is surrendered | when the surrender takes place | | disclaimer | the disclaimed interest or right under a will, codicil or estate | the person who benefits from the disclaimer | when the interest or right is disclaimed | | vesting by statute law | the vested land in Victoria | the person in whom the property is vested | when the vesting by statute law occurs | | vesting by court order | the vested property | the person in whom the property is vested | when the order takes effect | | vesting by order of the Registrar of Titles | the vested property | the person in whom the property is vested | when the order takes effect | | enlargement of interest into fee-simple | the estate in fee simple | the person in whom the term was previously vested | when the interest is enlarged | | granting of a lease for consideration other than rent reserved | the leased property | the lessee | when the lease is granted | | transfer or assignment of lease | the leased property | the transferee or assignee | when the lease is transferred or assigned | | any other transaction that results in a change in beneficial ownership of dutiable property | the property the beneficial ownership of which is changed | the person who obtains the beneficial ownership or whose beneficial ownership is increased | when beneficial ownership changes |