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Property Occupations Act 2014
sec.18Meaning of completes a residential property sale
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### sec.18 Meaning of completes a residential property sale
A person completes a residential property sale if a residential property in which the person has an interest is sold, whether or not a transfer to the purchaser under the sale has been registered.
However, the person is not to be taken to have completed a residential property sale if—
the person appointed a property agent to sell the interest in the residential property on the person’s behalf and the property agent is the effective cause of the sale; or
the person held the interest in the residential property as—
a personal representative; or
an administrator under the Guardianship and Administration Act 2000 ; or
a beneficiary in, or a trustee of, a deceased person’s estate; or
a mortgagee; or
the person is a corporation and the corporation sold the corporation’s interest in the residential property to a related body corporate of the corporation; or
the interest in the residential property is sold under a court order.
In this section—
related body corporate see the Corporations Act , section 9 .
(sec.18-ssec.1) A person completes a residential property sale if a residential property in which the person has an interest is sold, whether or not a transfer to the purchaser under the sale has been registered.
(sec.18-ssec.2) However, the person is not to be taken to have completed a residential property sale if— the person appointed a property agent to sell the interest in the residential property on the person’s behalf and the property agent is the effective cause of the sale; or the person held the interest in the residential property as— a personal representative; or an administrator under the Guardianship and Administration Act 2000 ; or a beneficiary in, or a trustee of, a deceased person’s estate; or a mortgagee; or the person is a corporation and the corporation sold the corporation’s interest in the residential property to a related body corporate of the corporation; or the interest in the residential property is sold under a court order.
(sec.18-ssec.3) In this section— related body corporate see the Corporations Act , section 9 .
- (a) the person appointed a property agent to sell the interest in the residential property on the person’s behalf and the property agent is the effective cause of the sale; or
- (b) the person held the interest in the residential property as— (i) a personal representative; or (ii) an administrator under the Guardianship and Administration Act 2000 ; or (iii) a beneficiary in, or a trustee of, a deceased person’s estate; or (iv) a mortgagee; or
- (i) a personal representative; or
- (ii) an administrator under the Guardianship and Administration Act 2000 ; or
- (iii) a beneficiary in, or a trustee of, a deceased person’s estate; or
- (iv) a mortgagee; or
- (c) the person is a corporation and the corporation sold the corporation’s interest in the residential property to a related body corporate of the corporation; or
- (d) the interest in the residential property is sold under a court order.
- (i) a personal representative; or
- (ii) an administrator under the Guardianship and Administration Act 2000 ; or
- (iii) a beneficiary in, or a trustee of, a deceased person’s estate; or
- (iv) a mortgagee; or