sec.246AJWhen reassessment is not required

### sec.246AJ When reassessment is not required This section applies if section 246AH or 246AI (each the relevant section ) applies in relation to a relevant transaction to the extent of a relevant acquirer’s interest in dutiable property that is AFAD residential land under the transaction. Despite the relevant section, the commissioner is not required to make a reassessment to impose AFAD under the section if— the notification event to which the section applies happens only because of an intervening event; or the relevant acquirer disposes of dutiable property that is an accommodation unit in a retirement village by entering a retirement village leasing arrangement for the unit; or another person (the occupier ) has exclusive possession of the AFAD residential land before it is occupied by the relevant acquirer if— the occupier is the transferor of the land and vacates the land as soon as reasonably practicable, or within 6 months after the transfer day, whichever is the earlier; or the occupier has exclusive possession of the land under a lease granted before the transfer day and vacates the land on the termination of the current term of the lease, or within 6 months after the transfer day, whichever is the earlier; or for a notification event mentioned in section 246AH (1) (b) (i) or 246AI (1) (c) —the relevant acquirer disposes of part of the dutiable property to the acquirer’s spouse in a way that is exempt from transfer duty under section 151 . However, subsection (4) applies if AFAD is not reassessed under subsection (2) because— the relevant acquirer disposes of part of the dutiable property to the acquirer’s spouse, as mentioned in subsection (2) (d) ; and the relevant acquirer later disposes of the property or part of the property. The relevant section applies to the later disposal as if the relevant acquirer had not transferred the part of the land to the acquirer’s spouse. s 246AJ ins 2022 No. 14 s 13 (sec.246AJ-ssec.1) This section applies if section 246AH or 246AI (each the relevant section ) applies in relation to a relevant transaction to the extent of a relevant acquirer’s interest in dutiable property that is AFAD residential land under the transaction. (sec.246AJ-ssec.2) Despite the relevant section, the commissioner is not required to make a reassessment to impose AFAD under the section if— the notification event to which the section applies happens only because of an intervening event; or the relevant acquirer disposes of dutiable property that is an accommodation unit in a retirement village by entering a retirement village leasing arrangement for the unit; or another person (the occupier ) has exclusive possession of the AFAD residential land before it is occupied by the relevant acquirer if— the occupier is the transferor of the land and vacates the land as soon as reasonably practicable, or within 6 months after the transfer day, whichever is the earlier; or the occupier has exclusive possession of the land under a lease granted before the transfer day and vacates the land on the termination of the current term of the lease, or within 6 months after the transfer day, whichever is the earlier; or for a notification event mentioned in section 246AH (1) (b) (i) or 246AI (1) (c) —the relevant acquirer disposes of part of the dutiable property to the acquirer’s spouse in a way that is exempt from transfer duty under section 151 . (sec.246AJ-ssec.3) However, subsection (4) applies if AFAD is not reassessed under subsection (2) because— the relevant acquirer disposes of part of the dutiable property to the acquirer’s spouse, as mentioned in subsection (2) (d) ; and the relevant acquirer later disposes of the property or part of the property. (sec.246AJ-ssec.4) The relevant section applies to the later disposal as if the relevant acquirer had not transferred the part of the land to the acquirer’s spouse. - (a) the notification event to which the section applies happens only because of an intervening event; or - (b) the relevant acquirer disposes of dutiable property that is an accommodation unit in a retirement village by entering a retirement village leasing arrangement for the unit; or - (c) another person (the occupier ) has exclusive possession of the AFAD residential land before it is occupied by the relevant acquirer if— (i) the occupier is the transferor of the land and vacates the land as soon as reasonably practicable, or within 6 months after the transfer day, whichever is the earlier; or (ii) the occupier has exclusive possession of the land under a lease granted before the transfer day and vacates the land on the termination of the current term of the lease, or within 6 months after the transfer day, whichever is the earlier; or - (i) the occupier is the transferor of the land and vacates the land as soon as reasonably practicable, or within 6 months after the transfer day, whichever is the earlier; or - (ii) the occupier has exclusive possession of the land under a lease granted before the transfer day and vacates the land on the termination of the current term of the lease, or within 6 months after the transfer day, whichever is the earlier; or - (d) for a notification event mentioned in section 246AH (1) (b) (i) or 246AI (1) (c) —the relevant acquirer disposes of part of the dutiable property to the acquirer’s spouse in a way that is exempt from transfer duty under section 151 . - (i) the occupier is the transferor of the land and vacates the land as soon as reasonably practicable, or within 6 months after the transfer day, whichever is the earlier; or - (ii) the occupier has exclusive possession of the land under a lease granted before the transfer day and vacates the land on the termination of the current term of the lease, or within 6 months after the transfer day, whichever is the earlier; or - (a) the relevant acquirer disposes of part of the dutiable property to the acquirer’s spouse, as mentioned in subsection (2) (d) ; and - (b) the relevant acquirer later disposes of the property or part of the property.