Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
"Act imposing duty" means--
(b) an Act to which the Taxation Administration Act 1996 applies.
"ADR" means a negotiable certificated receipt issued by a depositary resident outside Australia acknowledging the interest of the registered holder of the receipt in shares in a NSW company held by the depositary, or deposited with a depositary to hold, as trustee for the holder.
"amount secured" , in relation to a mortgage, has the meaning given by section 213.
"application to register a motor vehicle" means--
(a) an application under the Road Transport Act 2013 to register a motor vehicle, and
"approved equity partner" has the meaning given by section 281.
"approved form" means a form approved under section 34 of the Taxation Administration Act 1996 .
"approved shared equity scheme" means a shared equity scheme approved by the Chief Commissioner under section 281.
"asset-backed security" means--
(a) an instrument or property creating, conferring or comprising a right or interest (whether described as a unit, bond or otherwise) of or on a beneficiary in a scheme under which the profits, distributions of capital or income in which beneficiaries participate arise or arises from the acquisition, holding, management or disposal of financial assets, a pool of assets or a part of a pool of assets, or any instrument which evidences such a right or interest, or
(b) a debt security-- (i) the payments under which by the person that issues or makes the instrument are derived substantially from the acquisition, holding, management or disposal of financial assets, a pool of assets or a part of a pool of assets, and
(ii) that is secured by a mortgage or charge over financial assets, a pool of assets or a part of a pool of assets, or
(c) an instrument of a class or description of instruments, or property of a class or description of property, prescribed by the regulations to be an asset-backed security for the purposes of this definition.
"associated person" --see clause 2.
"Australian citizen" has the same meaning as it has in the Australian Citizenship Act 2007 of the Commonwealth.
"Australian register" has the same meaning as in the Corporations Act 2001 of the Commonwealth.
"Australian Securities Exchange" means the Australian Securities Exchange Limited.
"bank" means a bank within the meaning of the Commonwealth Banking Act 1959 .
"bankrupt" includes applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounding with creditors or making an assignment of remuneration for their benefit.
"business asset" has the meaning given by section 11 (1) (g).
"charge" includes impose.
"Chief Commissioner" means the Chief Commissioner of State Revenue under the Taxation Administration Act 1996 .
"collateral mortgage" means a mortgage that secures all or part of the same money as another mortgage, instrument of security or mortgage package.
"company title dwelling" means a separate dwelling in a building containing more than one separate dwelling situated on land in New South Wales owned or leased by a company in which shares issued by the company are owned by persons who, by virtue of the ownership of their shares, have an exclusive right to occupy a part of the building.
"complying approved deposit fund" means an entity that is a complying approved deposit fund in accordance with section 43 of the Commonwealth Superannuation Industry (Supervision) Act 1993 .
"complying superannuation fund" means an entity that is a complying superannuation fund in accordance with section 42 or section 42A of the Commonwealth Superannuation Industry (Supervision) Act 1993 and an exempt public sector superannuation scheme.
"corporation" means a body corporate, whether incorporated in this jurisdiction or elsewhere.
"corresponding Act" means an Act of another Australian jurisdiction that corresponds to this Act.
"credit union" means an authorised deposit-taking institution that is authorised under section 66 of the Banking Act 1959 of the Commonwealth to use or assume the expression "credit union" in relation to its financial business, including in its name.
"crop insurance" means insurance covering--
(a) loss due to the destruction of, or physical damage to, any pasturage or any crop of grain, fruit, vegetables or other plants, where the destruction or damage occurs while the pasturage or crop is being grown, or
(b) loss due to the destruction of, or physical damage to, the product of any such pasturage or crop, where the destruction or damage occurs while the product of the pasturage or crop is being stored or transported, but only if the contract by which the insurance is effected also effects insurance covering the loss referred to in paragraph (a).
"de facto partner" means a person who has been a party to a de facto relationship for a period of not less than 2 years, and includes a person who was for such a period a party to such a relationship that has ceased, whether the cessation took place in Australia or elsewhere.
"de facto relationship" has the same meaning as in the Family Law Act 1975 of the Commonwealth.
"declared stock exchange" means a stock exchange declared for the purposes of this definition by an order, published in the Gazette and in force, of the Minister, or of the Chief Commissioner as the Minister's delegate.
Note--: Power to make an order includes power to amend or repeal the order--see the Interpretation Act 1987 , section 43(2).
(a) permanently blind, or
(b) permanently incapacitated for work.
"discretionary trust" means a trust under which the vesting of the whole or any part of the capital of the trust estate, or the whole or any part of the income from that capital, or both--
(a) is required to be determined by a person either in respect of the identity of the beneficiaries, or the quantum of interest to be taken, or both, or
(b) will occur if a discretion conferred under the trust is not exercised, or
(c) has occurred but under which the whole or any part of that capital or the whole or any part of that income, or both, will be divested from the person or persons in whom it is vested if a discretion conferred under the trust is exercised.
"disqualifying circumstance" , for Chapter 4, Part 2, Division 2--see section 157AG(1).
"domestic relationship" has the same meaning as in the Property (Relationships) Act 1984 .
"dutiable property" has the meaning given by section 11.
"dutiable proportion" , in relation to a mortgage, means the dutiable proportion of the amount secured by the mortgage calculated under section 216.
"dutiable transaction" has the meaning given by section 8 (2).
"dutiable value" of a motor vehicle has the meaning given by section 266.
"dutiable value" of dutiable property has the meaning given by section 21.
"electronic registry instrument" means a registry instrument (within the meaning of the Electronic Conveyancing National Law (NSW) ) that is in a form that enables it to be lodged electronically under that Law.
"eligible rollover fund" means an entity that is an eligible rollover fund in accordance with section 242 of the Commonwealth Superannuation Industry (Supervision) Act 1993 and includes an entity the trustee of which is satisfied will be an eligible rollover fund within 12 months after the date on which a liability to duty arises (or would otherwise arise).
"financial asset" means--
(a) a loan, including any security for the loan, or
(b) a credit card account, or
(c) a hire purchase agreement, or
(d) a chattel lease, whether finance or operating, or
(e) a vehicle dealer floor plan agreement, or
(f) a contract under which insurance or any other financial service or product is provided, or
(g) any rights of a lender, bailor or financial service or product provider that are usually conferred in relation to a financial asset referred to above or that are incidental to a financial asset referred to above.
"foreign person" has the meaning given by Chapter 2A.
"foreign resident" means a person who at the relevant time--
(a) in the case of a person, other than a person referred to in paragraph (b) or (c), is not resident or domiciled in Australia, or
(b) in the case of a body corporate, is not incorporated under a law of an Australian jurisdiction and-- (i) does not have its central management and control in Australia, and
(ii) does not have its voting power controlled by shareholders who are residents of Australia, or
(c) in the case of a partnership or other unincorporated association or body of persons, does not have a member who is resident in Australia, or
(d) in the case of a trust estate-- (i) does not have a trustee who is resident in Australia, and
(ii) does not have its central management and control in Australia.
"general insurance" has the meaning given by section 230.
"government body" means--
(a) the Commonwealth, or
(b) the Government or Administration of a State or Territory of the Commonwealth, or
(c) a council, county council, joint organisation, other local governing body or public authority constituted by or under a law of the Commonwealth or a State or Territory of the Commonwealth, or
(d) a corporation the principal business of which is the supply and distribution by a system of reticulation, in this jurisdiction or in any other Australian jurisdiction, of water, gas or electricity.
"GST" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payments may be made under section 5 of the Intergovernmental Agreement Implementation (GST) Act 2000 by a person who is a State entity within the meaning of that Act.
"home" means a private dwelling and includes a private dwelling which is a company title dwelling and a farming property on which a private dwelling is erected.
"imminent wholesale unit trust scheme" , for Chapter 4, Part 2, Division 2--see section 157AD(1)(a)(ii).
"instrument" includes a document, written statement or any record of information that exists in a digital form and is capable of being reproduced, transmitted, stored and duplicated by electronic means.
Note :
"Document" is defined in the Interpretation Act 1987 .
"insurance" includes assurance.
"insurance intermediary" means--
(a) a person who arranges contracts of insurance in New South Wales-- (i) for reward, or
(ii) as an agent for a person carrying on a business of insurance, or
(b) a financial services licensee (as defined in section 761A of the Corporations Act 2001 of the Commonwealth) whose licence covers arranging contracts of insurance as an agent for a person carrying on a business of insurance, or
(c) a regulated principal (as defined in section 1430 of the Corporations Act 2001 of the Commonwealth) when carrying on business as an insurance broker as authorised by Subdivision D of Division 1 of Part 10.2 of that Act.
"insurer" has the meaning given by section 247.
"intellectual property" means--
(a) a business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right, whether or not under a franchise arrangement, to use or exploit-- (i) a business name, trading name, domain name, trade mark or industrial design, or
(ii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
"interest" includes an estate or proprietary right.
"investor directed portfolio service" , for Chapter 4, Part 2, Division 2--see section 157AA.
"land" includes a stratum.
"land use entitlement" means an entitlement to occupy land within New South Wales conferred through an ownership of shares in a company or an ownership of units in a unit trust scheme, or a combination of a shareholding or ownership of units together with a lease or licence.
"land used for primary production" means land that is exempt from land tax under section 10AA (Exemption for land used for primary production) of the Land Tax Management Act 1956 .
"lease of a moveable dwelling site" means an agreement under which a person has the right to occupy for a term (or a term together with any option period) not exceeding 5 years--
(a) any land used, or intended to be used, as the site of a moveable dwelling within the meaning of the Local Government Act 1993 , or
(b) any such moveable dwelling on that site, or
(c) both the land and any such moveable dwelling.
"liability date" , in relation to a mortgage, means the date the mortgage becomes liable for mortgage duty under section 208.
"life company" has the same meaning as in the Life Insurance Act 1995 of the Commonwealth.
"life insurance" has the meaning given by section 240.
"linked entity" of a unit trust scheme or company has the meaning given by section 158.
"listed company" means a company whose shares are quoted on--