After section 56 of the Principal Act , the following section is inserted in Part 6:

56A.     Exemptions – break-down of de facto relationships

(1)  No duty is chargeable under this Chapter on a transfer, or an agreement for the sale or transfer, of de facto relationship property if –

(a) the property is transferred, or agreed to be sold or transferred, to the parties to a de facto relationship that has been terminated, or to either of them, or to a child of the relationship who is under the age of 18; and

(b) the transfer or agreement is effected by or in accordance with –

(i) a document registered or approved under the Family Law Act 1975 of the Commonwealth; or

(ii) a financial agreement made under section 90UB, 90UC or 90UD of that Act; or

(iii) an order of a court under that Act; or

(iv) a purchase at public auction of property that, immediately before the auction, was de facto relationship property, where the public auction is held to comply with any such document, financial agreement or order.

(2)  No duty is chargeable under this Chapter on a dutiable transaction to the extent that –

(a) for the purposes of or ancillary to a transfer referred to in subsection (1) , it transfers a share that is de facto relationship property to a person not a party to the relevant de facto relationship in order to comply with a requirement of or prescribed under the Corporations Act; or

(b) it is a declaration of trust, by the transferee of a share transferred as referred to in paragraph (a) , for the benefit of a party to the de facto relationship.

(3)  If –

(a) ad valorem duty was paid on a transfer, or agreement for the sale or transfer, of de facto relationship property to the parties to a de facto relationship or to either of them, or to a child of the relationship who is under the age of 18; and

(b) the transfer or agreement for the sale or transfer of de facto relationship property is effected by or in accordance with –

(i) a document registered or approved under the Family Law Act 1975 of the Commonwealth; or

(ii) an order of the court under that Act; or

(iii) a purchase, at public auction, of property that, immediately before the auction, was de facto relationship property, where the public auction is held to comply with any such document or order; and

(c) the Commissioner is satisfied that the de facto relationship has been terminated –

the Commissioner must reassess the transfer or agreement and refund the duty paid.