Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.