SCHEDULE 1 - Relevant instrume SCHEDULE 1 - Relevant instruments

Regulation 6

1.   An instrument that transfers dutiable property if the dutiable transaction is subject to ad valorem duty under the Duties Act 2001 and the dutiable transaction, or subsequent transaction, did not occur in the open market, or the parties are associated persons, with the exception of the following instruments:

(a) an instrument that transfers dutiable property if the Commissioner has exercised his or her discretion under section 22(2) of the Duties Act 2001 not to aggregate the dutiable transaction;

(b) an instrument that transfers land if the unencumbered value of the land is determined in accordance with section 20(3) of the Duties Act 2001 ;

(c) an instrument that transfers dutiable property if the instrument is made in accordance with a deed of family arrangement in relation to a deceased estate;

(d) an instrument that transfers dutiable property from a company to a shareholder if the dutiable value of the transfer is to be reduced in accordance with section 50(1) of the Duties Act 2001 ;

(e) an instrument that transfers dutiable property if the Commissioner makes an assessment in respect of the instrument in accordance with section 31(1) of the Duties Act 2001 .

2.   An instrument that transfers dutiable property if the dutiable transaction is subject to ad valorem duty under the Duties Act 2001 and a statutory declaration under section 36I of the Duties Act 2001 has been given to the Commissioner by the relevant transferee in relation to the dutiable transaction.