sec.130BExemption—other transfers of fund property of eligible superannuation entities

### sec.130B Exemption—other transfers of fund property of eligible superannuation entities Subject to subsections (2) and (3) , transfer duty is not imposed on a transfer, or agreement for the transfer, of fund property of an eligible superannuation entity from— the trustee of the entity to a person as custodian for the trustee; or a person as custodian for the trustee of the entity to the trustee. Subsection (1) does not apply if the transfer or agreement is part of an arrangement under which— the fund property, or an interest in the fund property, ceases to be fund property; or the persons who are members of the eligible superannuation entity do not have the same trust interest in the fund property after the property is transferred or agreement is made as they had immediately before the arrangement was entered into. If the trustee of the eligible superannuation entity has given a written notice to an entity other than APRA as mentioned in section 130A (1) (b) , subsection (1) applies to the transfer or agreement only if— for a transaction mentioned in subsection (1) (a) —the property the subject of the transfer or agreement is an acquirable asset that is, on completion of the transfer, held on trust by the custodian for the trustee in compliance with the Superannuation Industry Act , section 67A (1) (b) ; or for a transaction mentioned in subsection (1) (b) —the property the subject of the transfer or agreement is an acquirable asset that, immediately before the transfer, was held on trust by the custodian for the trustee in compliance with the S uperannuation Industry Act , section 67A (1) (b) . s 130B ins 2002 No. 65 s 15 amd 2013 No. 28 s 8 (retro) (sec.130B-ssec.1) Subject to subsections (2) and (3) , transfer duty is not imposed on a transfer, or agreement for the transfer, of fund property of an eligible superannuation entity from— the trustee of the entity to a person as custodian for the trustee; or a person as custodian for the trustee of the entity to the trustee. (sec.130B-ssec.2) Subsection (1) does not apply if the transfer or agreement is part of an arrangement under which— the fund property, or an interest in the fund property, ceases to be fund property; or the persons who are members of the eligible superannuation entity do not have the same trust interest in the fund property after the property is transferred or agreement is made as they had immediately before the arrangement was entered into. (sec.130B-ssec.3) If the trustee of the eligible superannuation entity has given a written notice to an entity other than APRA as mentioned in section 130A (1) (b) , subsection (1) applies to the transfer or agreement only if— for a transaction mentioned in subsection (1) (a) —the property the subject of the transfer or agreement is an acquirable asset that is, on completion of the transfer, held on trust by the custodian for the trustee in compliance with the Superannuation Industry Act , section 67A (1) (b) ; or for a transaction mentioned in subsection (1) (b) —the property the subject of the transfer or agreement is an acquirable asset that, immediately before the transfer, was held on trust by the custodian for the trustee in compliance with the S uperannuation Industry Act , section 67A (1) (b) . - (a) the trustee of the entity to a person as custodian for the trustee; or - (b) a person as custodian for the trustee of the entity to the trustee. - (a) the fund property, or an interest in the fund property, ceases to be fund property; or - (b) the persons who are members of the eligible superannuation entity do not have the same trust interest in the fund property after the property is transferred or agreement is made as they had immediately before the arrangement was entered into. - (a) for a transaction mentioned in subsection (1) (a) —the property the subject of the transfer or agreement is an acquirable asset that is, on completion of the transfer, held on trust by the custodian for the trustee in compliance with the Superannuation Industry Act , section 67A (1) (b) ; or - (b) for a transaction mentioned in subsection (1) (b) —the property the subject of the transfer or agreement is an acquirable asset that, immediately before the transfer, was held on trust by the custodian for the trustee in compliance with the S uperannuation Industry Act , section 67A (1) (b) .