Commonwealth Consolidated Acts

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AIRPORTS (TRANSITIONAL) ACT 1996 - SECT 48

Stamp duty--transfers of assets or liabilities to privately - owned companies

  (1)   This section applies if, as a result of a declaration under section   23, 24, 25, 30, 31 or 33, an asset or liability is transferred to a company immediately after the grant to the company of an airport lease under section   22.

  (2)   This Act does not prevent a law of a State or Territory from imposing a liability to pay an amount of stamp duty or other tax because of that declaration if:

  (a)   it is reasonable to expect that a corresponding amount of stamp duty or other tax would have been payable under a law of that State or Territory if the asset or liability that was transferred to the company because of the declaration had instead been transferred to the company by a written instrument executed by the parties to the transfer; and

  (b)   the first - mentioned amount does not exceed what it is reasonable to expect that the corresponding amount would have been.



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