QLDIn ForceAct
Duties Act 2001
sec.275Concession for mortgage duty—particular trusts
Start here
Get a plain-English read of sec.275
Turn the raw legal text into a practical explanation grounded in Duties Act 2001.
### sec.275 Concession for mortgage duty—particular trusts
This section applies if—
the trustee of a trust, other than a discretionary or unit trust, gives a mortgage to secure an advance to the trustee to finance the purchase or construction of a home or a further interest in a home; and
the beneficiaries are individuals all of whom are under a legal disability; and
the residence is the home of all or some of the beneficiaries.
This division applies as if—
the mortgage were a home mortgage; and
the beneficiaries were the home borrowers or first home borrowers under it; and
the beneficiaries were the owners of the home.
However, section 273 (2) (b) and (3) applies in relation to a beneficiary only if the beneficiary is under a legal disability only because the beneficiary is not at least 18 years of age.
s 275 amd 2004 No. 2 s 9
(sec.275-ssec.1) This section applies if— the trustee of a trust, other than a discretionary or unit trust, gives a mortgage to secure an advance to the trustee to finance the purchase or construction of a home or a further interest in a home; and the beneficiaries are individuals all of whom are under a legal disability; and the residence is the home of all or some of the beneficiaries.
(sec.275-ssec.2) This division applies as if— the mortgage were a home mortgage; and the beneficiaries were the home borrowers or first home borrowers under it; and the beneficiaries were the owners of the home.
(sec.275-ssec.3) However, section 273 (2) (b) and (3) applies in relation to a beneficiary only if the beneficiary is under a legal disability only because the beneficiary is not at least 18 years of age.
- (a) the trustee of a trust, other than a discretionary or unit trust, gives a mortgage to secure an advance to the trustee to finance the purchase or construction of a home or a further interest in a home; and
- (b) the beneficiaries are individuals all of whom are under a legal disability; and
- (c) the residence is the home of all or some of the beneficiaries.
- (a) the mortgage were a home mortgage; and
- (b) the beneficiaries were the home borrowers or first home borrowers under it; and
- (c) the beneficiaries were the owners of the home.