QLDIn ForceAct
Duties Act 2001
sec.290Exemption—mortgage-backed security
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### sec.290 Exemption—mortgage-backed security
Mortgage duty is not imposed on the following—
a mortgage of a mortgage-backed security or release of mortgage of a mortgage-backed security;
a mortgage of a mortgage or pool of mortgages or part of a pool of mortgages for creating, issuing, marketing or securing a mortgage-backed security—
to a person entitled to a mortgage-backed security or a trustee or agent for a person entitled to a mortgage-backed security; or
by or to a person who issues, makes or endorses a mortgage-backed security; or
to a person who provides security, whether as guarantor, surety or otherwise, to a person entitled to a mortgage-backed security or a trustee or agent for a person entitled to a mortgage-backed security;
a mortgage of an instrument—
issued or made for creating, issuing, marketing or securing payments under a mortgage-backed security; and
that is of a class prescribed under a regulation.
s 290 amd 2002 No. 65 s 3 (2) sch
- (a) a mortgage of a mortgage-backed security or release of mortgage of a mortgage-backed security;
- (b) a mortgage of a mortgage or pool of mortgages or part of a pool of mortgages for creating, issuing, marketing or securing a mortgage-backed security— (i) to a person entitled to a mortgage-backed security or a trustee or agent for a person entitled to a mortgage-backed security; or (ii) by or to a person who issues, makes or endorses a mortgage-backed security; or (iii) to a person who provides security, whether as guarantor, surety or otherwise, to a person entitled to a mortgage-backed security or a trustee or agent for a person entitled to a mortgage-backed security;
- (i) to a person entitled to a mortgage-backed security or a trustee or agent for a person entitled to a mortgage-backed security; or
- (ii) by or to a person who issues, makes or endorses a mortgage-backed security; or
- (iii) to a person who provides security, whether as guarantor, surety or otherwise, to a person entitled to a mortgage-backed security or a trustee or agent for a person entitled to a mortgage-backed security;
- (c) a mortgage of an instrument— (i) issued or made for creating, issuing, marketing or securing payments under a mortgage-backed security; and (ii) that is of a class prescribed under a regulation.
- (i) issued or made for creating, issuing, marketing or securing payments under a mortgage-backed security; and
- (ii) that is of a class prescribed under a regulation.
- (i) to a person entitled to a mortgage-backed security or a trustee or agent for a person entitled to a mortgage-backed security; or
- (ii) by or to a person who issues, makes or endorses a mortgage-backed security; or
- (iii) to a person who provides security, whether as guarantor, surety or otherwise, to a person entitled to a mortgage-backed security or a trustee or agent for a person entitled to a mortgage-backed security;
- (i) issued or made for creating, issuing, marketing or securing payments under a mortgage-backed security; and
- (ii) that is of a class prescribed under a regulation.