8AKExemption from stamp duty—transfer by the Commonwealth of its shares in Telstra etc.

#### 8AK Exemption from stamp duty—transfer by the Commonwealth of its shares in Telstra etc. (1) In this section: > charge has the same meaning as in the Corporations Act 2001. > designated matter means any of the following matters, where the matter relates to the entering into or carrying out of a Telstra sale scheme: (a) the transfer by the Commonwealth of: (i) a share in Telstra held by the Commonwealth; or (ii) an interest in such a share; (b) an agreement relating to a transfer covered by paragraph (a); (c) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (a); (d) the transfer by the sale‑scheme trustee of: (i) a share in Telstra held by the trustee; or (ii) an interest in such a share; where the transfer is in accordance with the sale‑scheme trust deed; (e) an agreement relating to a transfer covered by paragraph (d); (f) the receipt of money by the sale‑scheme trustee, or by a person acting on behalf of the sale‑scheme trustee, in respect of a transfer covered by paragraph (d); (g) the reduction of Telstra’s share capital; (h) the cancellation of a particular parcel of shares in Telstra held by the Commonwealth; (i) Telstra buying back shares in itself; (j) the issue of securities in Telstra; (k) the redemption of redeemable preference shares in Telstra held by the Commonwealth; (ka) the issue of sale‑scheme hybrid securities; (kb) the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of the issue of sale‑scheme hybrid securities; (kc) the receipt of money by a hybrid‑security issuer company, or by a person acting on behalf of a hybrid‑security issuer company, in respect of the issue of sale‑scheme hybrid securities; (kd) the redemption, exchange or conversion of sale‑scheme hybrid securities; (ke) the transfer by a hybrid‑security issuer company of a share in Telstra held by the company; (kf) the grant of a charge, pledge or lien (whether in connection with sale‑scheme hybrid securities or otherwise); (kg) an agreement relating to a matter covered by paragraph (c), (f), (g), (h), (i), (j), (k), (ka), (kb), (kc), (kd), (ke) or (kf); (kh) an agreement of the kind known as a securities lending arrangement, where the securities lending arrangement relates to shares in Telstra; (l) any other matter that is specified in the regulations. > interest in a share has the same meaning as it has for the purposes of Part 2A. > securities includes: (a) shares; and (b) debentures (within the meaning of the Corporations Act 2001). > transfer, in relation to an interest in a share, includes the creation of the interest. (2) Stamp duty or other tax is not payable under a law of a State or Territory in respect of: (a) a designated matter; or (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a designated matter. (3) However, the rule in subsection (2) does not apply: (a) in such circumstances as are specified in the regulations; or (b) in relation to stamp duty, or other tax, of a kind specified in the regulations; or (c) in relation to stamp duty, or other tax, of a kind specified in the regulations, in such circumstances as are specified in the regulations.