QLDIn ForceAct
Duties Act 2001
sec.191Exemption—change of trustee
Start here
Get a plain-English read of sec.191
Turn the raw legal text into a practical explanation grounded in Duties Act 2001.
### sec.191 Exemption—change of trustee
Landholder duty is not imposed on a relevant acquisition for the sole purpose of giving effect to a change of a trustee if—
the acquisition is not part of an arrangement—
involving a change in the rights or interest of a beneficiary of the trust; or
terminating the trust; and
the acquisition is not part of an arrangement to avoid the imposition of duty; and
transfer duty has been paid on all trust acquisitions for which transfer duty is imposed for the trust before the acquisition.
s 191 amd 2011 No. 20 s 106
- (a) the acquisition is not part of an arrangement— (i) involving a change in the rights or interest of a beneficiary of the trust; or (ii) terminating the trust; and
- (i) involving a change in the rights or interest of a beneficiary of the trust; or
- (ii) terminating the trust; and
- (b) the acquisition is not part of an arrangement to avoid the imposition of duty; and
- (c) transfer duty has been paid on all trust acquisitions for which transfer duty is imposed for the trust before the acquisition.
- (i) involving a change in the rights or interest of a beneficiary of the trust; or
- (ii) terminating the trust; and