QLDIn ForceAct
Duties Act 2001
sec.163When is an interest acquired
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### sec.163 When is an interest acquired
This section applies—
if a person acquires an interest in a landholder; or
for an interest acquired by a person in a landholder when, under section 179 (6) , definition excluded interest , paragraph (b) and 179B (2) , definition excluded interest , paragraph (b) , the landholder did not hold land in Queensland.
The person acquires the interest—
if there is an agreement to acquire the interest, whether conditional or not, and paragraph (b) does not apply—when the agreement is made; or
if there is an agreement to acquire the interest, whether conditional or not, and the landholder is not a landholder when the agreement is made but is a landholder when the agreement is completed—when the agreement is completed; or
otherwise—when the interest is acquired.
Also, if—
a person holds a security interest in a landholder; and
the acquisition of the security interest was an exempt acquisition under section 190 ; and
the person later acquires the interest free from any interest or equity of the previous holder of the interest (the later acquisition );
the person acquires an interest in the landholder at the time of the later acquisition.
s 163 sub 2011 No. 20 s 74
(sec.163-ssec.1) This section applies— if a person acquires an interest in a landholder; or for an interest acquired by a person in a landholder when, under section 179 (6) , definition excluded interest , paragraph (b) and 179B (2) , definition excluded interest , paragraph (b) , the landholder did not hold land in Queensland.
(sec.163-ssec.2) The person acquires the interest— if there is an agreement to acquire the interest, whether conditional or not, and paragraph (b) does not apply—when the agreement is made; or if there is an agreement to acquire the interest, whether conditional or not, and the landholder is not a landholder when the agreement is made but is a landholder when the agreement is completed—when the agreement is completed; or otherwise—when the interest is acquired.
(sec.163-ssec.3) Also, if— a person holds a security interest in a landholder; and the acquisition of the security interest was an exempt acquisition under section 190 ; and the person later acquires the interest free from any interest or equity of the previous holder of the interest (the later acquisition ); the person acquires an interest in the landholder at the time of the later acquisition.
- (a) if a person acquires an interest in a landholder; or
- (b) for an interest acquired by a person in a landholder when, under section 179 (6) , definition excluded interest , paragraph (b) and 179B (2) , definition excluded interest , paragraph (b) , the landholder did not hold land in Queensland.
- (a) if there is an agreement to acquire the interest, whether conditional or not, and paragraph (b) does not apply—when the agreement is made; or
- (b) if there is an agreement to acquire the interest, whether conditional or not, and the landholder is not a landholder when the agreement is made but is a landholder when the agreement is completed—when the agreement is completed; or
- (c) otherwise—when the interest is acquired.
- (a) a person holds a security interest in a landholder; and
- (b) the acquisition of the security interest was an exempt acquisition under section 190 ; and
- (c) the person later acquires the interest free from any interest or equity of the previous holder of the interest (the later acquisition );