132Transfer of deemed staged payment approvals

132 Transfer of deemed staged payment approvals

(1) This section applies if a pre-scheme liable person given a deemed staged payment approval (the original holder) is, on the commencement day, not the owner of the land in relation to which the deemed staged payment approval relates.

(2) The original holder may request, in writing, the Secretary to transfer the deemed staged payment approval to the owner of the land.

(3) The Secretary must not transfer the deemed staged payment approval to the owner of the land without the written agreement of the owner.

(4) If Secretary decides to transfer the deemed staged payment approval to the owner of the land, the Secretary must give the original holder and owner written notice of the transfer.

(5) A notice under subsection (4) must specify the transfer date.

(6) On the transfer date—

(a) the liability to pay the levy is imposed on the owner of the land; and

(b) the liability of the original holder to pay the levy is extinguished; and

(c) the owner of the land is taken to have been given the deemed staged payment approval for the staged payment of the levy that the owner is liable to pay under paragraph (a); and

(d) the conditions to which the deemed staged payment approval is taken to have been given under paragraph (c) continue to apply.

The original holder is also eligible for the issue of a certificate of release to them—see section 103.

(7) To avoid doubt, the deemed staged payment approval continues in effect despite the transfer.

(8) The Secretary, on the application of the owner of the land, must give the owner a written notice that—

(a) states that—

(i) the deemed staged payment approval has been transferred, under subsection (6), to the owner on the transfer date; and

(ii) on that transfer date—

(A) the deemed staged payment approval is taken to have been given to the owner; and

(B) the owner is a liable person; and

(b) describes the whole of the land in respect of which the levy is imposed; and

(c) contains the name and contact details of the owner; and

(d) sets out the conditions to which the staged payment approval is subject; and

(e) contains any other information that the Secretary considers appropriate.

Pt 9 (Headings and ss 133−147) repealed by No. 1/2020 s. 147.

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