Document ID: chunk:federal_register_of_legislation:C2016C00809:section:63
Version: federal_register_of_legislation:C2016C00809
Segment Type: section
Provision Reference: s 63
Character Range: 43980–45644

63  Exemption from State and Territory taxation
 (1) Subject to subsection (4), DHA is not subject to taxation under the laws of a State or Territory.
 (2) The Minister may, by notice in writing published in the Gazette, declare that stamp duty, or a similar tax specified in the notice, is not payable by DHA or any other person under a law of a State or Territory in respect of:
 (a) a security dealt with by DHA;
 (b) the issue, redemption, transfer, sale, purchase, resale, acquisition or discounting of a security by DHA or any other person (other than a transaction done without consideration or for an inadequate consideration);
 (c) any other transaction done for the purposes of a borrowing, or a raising of money otherwise than by borrowing, by DHA; or
 (d) any other document executed by or on behalf of DHA for the purposes of a borrowing, or a raising of money otherwise than by borrowing, by DHA.
 (3) A declaration may be made under subsection (2) in relation to:
 (a) a particular security, transaction or document; or
 (b) securities, transactions or documents in a class of securities, transactions or documents, as the case may be.
 (4) Subject to subsection (2), the regulations may provide that subsection (1) does not apply in relation to:
 (a) a specified law of a State or Territory; or
 (b) laws in a specified class of laws of a State or Territory.
 (5) Nothing in subsections (1), (3) or (4) shall be read as implying that a company in which DHA has an interest, or that is a partner of DHA or a participant in a joint venture agreement with DHA, is not liable to pay taxes under any law of the Commonwealth or of a State or Territory.