89EDuty concession—anomalous duty outcome

89E Duty concession—anomalous duty outcome (1) Subject to subsection (3), this section applies to a relevant acquisition if the Commissioner, having regard to all the facts and circumstances, is satisfied that— (a) the application of this Part results in an anomalous duty outcome; and (b) the duty payable under this Part is greater than the duty that would be payable under Chapter 2 had the subject of the relevant acquisition been a transfer of the land of the landholder to the person. S. 89E(1A) inserted by No. 17/2019 s. 33. (1A) For the purposes of subsection (1)(b), in determining the duty that would have been payable under Chapter 2, no account is to be taken of any reduction in duty under Division 5A of Part 5 of that Chapter. (2) The Commissioner may reduce the duty payable to an amount not less than the duty that would be payable under Chapter 2, had the subject of the acquisition been a transfer of the land of the landholder to the person. (3) This section does not apply to a relevant acquisition that is the acquisition of an economic entitlement under section 81 or the acquisition of control under section 82. S. 89F substituted by No. 38/2012 s. 5.