QLDIn ForceAct
Duties Act 2001
sec.37When transaction for particular Queensland business assets not dutiable transaction
Start here
Get a plain-English read of sec.37
Turn the raw legal text into a practical explanation grounded in Duties Act 2001.
### sec.37 When transaction for particular Queensland business assets not dutiable transaction
If a debt of a business that is evidenced by a negotiable instrument is the subject of a transaction, the transaction is not a dutiable transaction unless—
another type of dutiable property is the subject of the same transaction or, under section 30 , it is aggregated with a dutiable transaction; or
under the transaction, the negotiable instrument is or is to be transferred with all, or substantially all, of the negotiable instruments of the business.
If a supply right of a business is the subject of a transaction, the transaction is not a dutiable transaction unless—
another type of dutiable property is the subject of the same transaction or, under section 30 , it is aggregated with a dutiable transaction; or
under the transaction, the supply right is or is to be transferred with all, or substantially all, of the supply rights of the business.
If intellectual or personal property of a business is the subject of a transaction, the transaction is not a dutiable transaction unless, under section 30 , it is aggregated with 1 or more of the following—
a dutiable transaction for a Queensland business asset, other than intellectual or personal property;
a dutiable transaction for land in Queensland.
For subsections (1) (a) , (2) (a) and (3) , section 30 applies as if the transaction were a dutiable transaction.
s 37 amd 2004 No. 18 s 4A
(sec.37-ssec.1) If a debt of a business that is evidenced by a negotiable instrument is the subject of a transaction, the transaction is not a dutiable transaction unless— another type of dutiable property is the subject of the same transaction or, under section 30 , it is aggregated with a dutiable transaction; or under the transaction, the negotiable instrument is or is to be transferred with all, or substantially all, of the negotiable instruments of the business.
(sec.37-ssec.2) If a supply right of a business is the subject of a transaction, the transaction is not a dutiable transaction unless— another type of dutiable property is the subject of the same transaction or, under section 30 , it is aggregated with a dutiable transaction; or under the transaction, the supply right is or is to be transferred with all, or substantially all, of the supply rights of the business.
(sec.37-ssec.3) If intellectual or personal property of a business is the subject of a transaction, the transaction is not a dutiable transaction unless, under section 30 , it is aggregated with 1 or more of the following— a dutiable transaction for a Queensland business asset, other than intellectual or personal property; a dutiable transaction for land in Queensland.
(sec.37-ssec.4) For subsections (1) (a) , (2) (a) and (3) , section 30 applies as if the transaction were a dutiable transaction.
- (a) another type of dutiable property is the subject of the same transaction or, under section 30 , it is aggregated with a dutiable transaction; or
- (b) under the transaction, the negotiable instrument is or is to be transferred with all, or substantially all, of the negotiable instruments of the business.
- (a) another type of dutiable property is the subject of the same transaction or, under section 30 , it is aggregated with a dutiable transaction; or
- (b) under the transaction, the supply right is or is to be transferred with all, or substantially all, of the supply rights of the business.
- (a) a dutiable transaction for a Queensland business asset, other than intellectual or personal property;
- (b) a dutiable transaction for land in Queensland.