Document ID: chunk:federal_register_of_legislation:C2004A05097:clause:1_8ak
Version: federal_register_of_legislation:C2004A05097
Segment Type: clause
Provision Reference: sch 1 cl 8AK
Character Range: 24400–26412

8AK  Exemption from stamp duty—transfer by the Commonwealth of its shares in Telstra etc.

 (1) In this section:

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;
 (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 Law).

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.