sec.425Reassessment on application

### sec.425 Reassessment on application This section applies if— duty has been paid on a transaction to the extent that it gives effect to an instrument for the transfer, or agreement for the transfer, of— matrimonial property from 1 party to a marriage to the other party; or de facto relationship property from 1 de facto partner to the other; and duty was paid on the basis that the instrument was not a matrimonial instrument or de facto relationship instrument; and either of the following applies— when the duty was paid, the instrument was a matrimonial instrument or de facto relationship instrument for the property; after the duty was paid, the instrument becomes a matrimonial instrument or de facto relationship instrument for the property. On application made by a party to the marriage or 1 of the de facto partners, the commissioner must make a reassessment of duty for the transfer as if it were exempt from duty under section 424 . The application must be made within 6 months after— if subsection (1) (c) (i) applies—the instrument is made; or if subsection (1) (c) (ii) applies—the instrument becomes a matrimonial instrument or de facto relationship instrument for the property. The applicant must lodge the matrimonial instrument or de facto relationship instrument for the property with the application. s 425 amd 2002 No. 74 s 90 sch (sec.425-ssec.1) This section applies if— duty has been paid on a transaction to the extent that it gives effect to an instrument for the transfer, or agreement for the transfer, of— matrimonial property from 1 party to a marriage to the other party; or de facto relationship property from 1 de facto partner to the other; and duty was paid on the basis that the instrument was not a matrimonial instrument or de facto relationship instrument; and either of the following applies— when the duty was paid, the instrument was a matrimonial instrument or de facto relationship instrument for the property; after the duty was paid, the instrument becomes a matrimonial instrument or de facto relationship instrument for the property. (sec.425-ssec.2) On application made by a party to the marriage or 1 of the de facto partners, the commissioner must make a reassessment of duty for the transfer as if it were exempt from duty under section 424 . (sec.425-ssec.3) The application must be made within 6 months after— if subsection (1) (c) (i) applies—the instrument is made; or if subsection (1) (c) (ii) applies—the instrument becomes a matrimonial instrument or de facto relationship instrument for the property. (sec.425-ssec.4) The applicant must lodge the matrimonial instrument or de facto relationship instrument for the property with the application. - (a) duty has been paid on a transaction to the extent that it gives effect to an instrument for the transfer, or agreement for the transfer, of— (i) matrimonial property from 1 party to a marriage to the other party; or (ii) de facto relationship property from 1 de facto partner to the other; and - (i) matrimonial property from 1 party to a marriage to the other party; or - (ii) de facto relationship property from 1 de facto partner to the other; and - (b) duty was paid on the basis that the instrument was not a matrimonial instrument or de facto relationship instrument; and - (c) either of the following applies— (i) when the duty was paid, the instrument was a matrimonial instrument or de facto relationship instrument for the property; (ii) after the duty was paid, the instrument becomes a matrimonial instrument or de facto relationship instrument for the property. - (i) when the duty was paid, the instrument was a matrimonial instrument or de facto relationship instrument for the property; - (ii) after the duty was paid, the instrument becomes a matrimonial instrument or de facto relationship instrument for the property. - (i) matrimonial property from 1 party to a marriage to the other party; or - (ii) de facto relationship property from 1 de facto partner to the other; and - (i) when the duty was paid, the instrument was a matrimonial instrument or de facto relationship instrument for the property; - (ii) after the duty was paid, the instrument becomes a matrimonial instrument or de facto relationship instrument for the property. - (a) if subsection (1) (c) (i) applies—the instrument is made; or - (b) if subsection (1) (c) (ii) applies—the instrument becomes a matrimonial instrument or de facto relationship instrument for the property.