Div 4Miscellaneous trust land provisions

Division 4—Miscellaneous trust land provisions 13D—Requirements for trustees to notify Commissioner (1) A person who becomes a trustee of land in South Australia, including a person who is already a trustee of land and acquires further land as trustee, must lodge a written notice with the Commissioner within 1 month after becoming a trustee of the land. (2) Subject to subsection (3), a person who, at the time of commencement of this section, is a trustee of land in South Australia and has not notified the Commissioner of that fact for the purposes of this Act, must lodge a written notice with the Commissioner within 1 month after the commencement of this section. (3) If, at the time of commencement of this section, land referred to in subsection (2) is excepted or exempted from land tax by the Commissioner, subsection (2) does not apply to a person who is a trustee of the land but, if circumstances change so that proper grounds for the exception or exemption cease to exist, the person must lodge a written notice with the Commissioner within 1 month after that change in circumstances. (4) A trustee who disposes of any land that is subject to the trust must lodge a written notice with the Commissioner within 1 month after disposing of the land if the disposal does not result in any change in the legal ownership of the land. (5) If— (a) a person is trustee of land in South Australia; and (b) anything happens that results in the trust to which the land is subject becoming a different category of trust, the person must lodge a written notice with the Commissioner within 1 month after the thing happens. (6) A trustee of a fixed trust in respect of which a notice is in force under section 12 must lodge a written notice with the Commissioner within 1 month after any change to the beneficial interests in land subject to the trust. (7) A trustee of a unit trust scheme in respect of which a notice is in force under section 13 must lodge a written notice with the Commissioner within 1 month after any change to the unitholdings in the scheme. (8) A corporation (corporation 1) that is the trustee of a fixed trust or a unit trust scheme, must lodge a written notice with the Commissioner within 1 month after another corporation becomes, or other related corporations between them become, the owner of more than 50% of— (a) where corporation 1 is the trustee of a fixed trust—the total beneficial interests in land subject to the trust; or (b) where corporation 1 is the trustee of a unit trust scheme—the total number of units held by the unit holders in the scheme, (and if, at the time of commencement of this section, a corporation already owns, or related corporations between them already own, more than 50% of the beneficial interests or units (as the case may be), corporation 1 must lodge a written notice with the Commissioner within 1 month after the commencement of this section). (9) A person who was a personal representative of a deceased estate that includes land in South Australia must lodge a written notice with the Commissioner within 1 month after the administration of that estate is completed. (10) A trustee of an administration trust must, instead of complying with subsection (1), lodge a written notice with the Commissioner within 1 month after probate has been granted, or letters of administration have been issued, in relation to the deceased estate. (11) A notice under this section must be in the form, contain the information and be accompanied by any documents or other evidence determined by the Commissioner. (12) In this section— category of trust means— (a) a fixed trust; or (b) a unit trust scheme; or (c) a discretionary trust; or (d) an excluded trust; or (e) a public unit trust scheme.