Duties Act 2001Duties Regulation 20131Short titleThis regulation may be cited as the Duties Regulation 2013.2Commencement(1)This regulation, other than section 9(c), commences on 1 September 2013.(2)Section 9(c) is taken to have commenced on 22 March 2010.3DefinitionsThe dictionary in schedule 5 defines particular words used in this regulation.4Declared public unit trust—Act, s 79(1)The following unit trusts are public unit trusts for chapter 2, part 8, division 7, of the Act—(a)a unit trust mentioned in schedule 1, part 1;(b)a unit trust mentioned in schedule 1, part 2, if the conditions in subsection (2) are satisfied for the trust.
(2)For subsection (1)(b), the conditions are—(a)the trust is established and continues for the direct or indirect investment of funds of investors approved by the Treasurer; and(b)the trust—(i)is not established or managed for a particular investor mentioned in paragraph (a); or(ii)if the trust is established or managed for a particular investor mentioned in paragraph (a)—has been approved by the Treasurer as eligible to be declared as a public unit trust; and
(c)the Queensland Investment Corporation, or a company wholly owned by the corporation, is the trustee for the trust.
(3)However, the Treasurer may approve a trust under subsection (2)(b)(ii) only if the Treasurer is satisfied the investor for whom the trust is established or managed has a sufficient connection with the State.4AConcessions and exemptions for transfer duty—ELN transfers and ELN lodgements(1)Each of the concessions for transfer duty mentioned in a provision of the Act stated in schedule 1A, part 1 is a concession for transfer duty for an ELN transfer or ELN lodgement.(2)Each of the exemptions for transfer duty mentioned in a provision of an Act stated in schedule 1A, part 2 is an exemption for transfer duty for an ELN lodgement.s 4A ins 2018 Act No. 27 s 525Apportionment of premiums—Act, s 366(1)For chapter 8, part 4, division 1 of the Act, a premium for insurance must be apportioned—(a)for a class of insurance stated in schedule 2, column 1—in the way stated opposite the class in column 2; and(b)for a banker’s blanket policy—by apportioning each class of insurance covered by the policy in the way the class is apportioned under paragraph (a); and(c)for an umbrella excess of loss policy—in the way the predominating class of insurance covered by the policy is apportioned under paragraph (a).
(2)In a provision in schedule 2, unless a contrary intention appears in the provision, a reference to a person or thing is a reference to the person or thing covered by the insurance.(3)In this section—predominating class of insurance means the class of insurance that attracts the highest net premium.6Duty payable on travel insuranceDuty is payable on 10% of the premium received, for a travel policy mentioned in schedule 2, item 43(a), for travel outbound from Australia, including baggage.7Fee for instrument lodged on which duty is not imposedThe fee prescribed for section 495(3) of the Act is $41.30.s 7 amd 2014 SL No. 123 s 4; 2015 SL No. 45 s 4; 2016 SL No. 88 s 4; 2017 SL No. 106 s 4; 2018 SL No. 65 s 4; 2019 SL No. 112 s 48Activities for prescribed businessAn activity, or a combination of any 2 or more activities, stated in schedule 3 is prescribed for the Act, schedule 6, definition prescribed business.9Recognised stock exchangeEach of the following stock exchanges are prescribed for the Act, schedule 6, definition recognised stock exchange, paragraph (b)—(a)the Asia Pacific Stock Exchange Limited, ACN 080 399 220;(b)the National Stock Exchange of Australia Ltd, ACN 000 902 063;(c)the New Zealand Exchange Limited;(d)the London Stock Exchange plc;(e)a stock exchange that is a member of the World Federation of Exchanges.
s 9 amd 2015 SL No. 45 s 5 (2) (retro); 2015 SL No. 45 s 5 (1)10Fee payable for administrative functionThe fee payable to the commissioner for an administrative function mentioned in schedule 4 is the amount stated in the schedule opposite the function.Schedule 1Declared public unit trustssection 4Part 1Unit trusts existing before 22 July 19941A unit trust that existed before 22 July 1994 for which the Queensland Investment Corporation is the trustee
Part 2Unit trusts created on or after 22 July 19941QIC Australian Credit Fund2QIC Australian Equities Fund No. 23QIC Australian Venture Capital Fund4QIC Cash Enhanced Fund5QIC Emerging Equity Markets Fund6QIC General Fund No. 17QIC General Fund No. 28QIC Growth Fund9QIC Growth Fund No. 210QIC High Growth Fund11QIC Hi-Yield Trust12QIC Implemented Australian Equities Fund13QIC Implemented Australian Equities Fund No. 214QIC Industrial Equities Fund15QIC Infrastructure Portfolio No. 1 Trust16QIC Infrastructure Portfolio No. 2 Trust17QIC International Equities Fund No. 218QIC Office Property Fund19QIC Premium Equities Fund20QIC Resources Equities Fund21QIC Retail (No. 2) Fund22QIC Small Companies Fund23QIC Special Purpose Trust No. 124QIC Special Purpose Trust No. 225QIC Stable Fund26Queensland BioCapital Fund27Queensland Investment Trust No. 1
sch 1 amd 2016 SL No. 211 s 3; 2017 SL No. 106 s 5Schedule 1AConcessions and exemptions for transfer duty—ELN transfers and ELN lodgementssection 4APart 1Concessions for transfer duty—ELN transfers and ELN lodgements•section 91•section 92•section 105•section 105A
Part 2Exemptions for transfer duty—ELN lodgements1the Act•section 117•section 124•section 125•section 130A•section 130B•section 136•section 143•section 145•section 147•section 149•section 151•section 152•section 424•section 426•section 429•section 430(b)•section 430(c)•section 431A
2Family Law Act 1975 (Cwlth)•section 90•section 90L•section 90WA
sch 1A ins 2018 Act No. 27 s 53Schedule 2Apportionment of premiumssection 5Class of insuranceWay apportioned
1Aviation non-ownership liabilityState in which the insured person resides
2Aviation hull, aviation hull third party property liability and aviation hull personal liability—
(a)high capacity regular public transport aircraftNumber of take-offs and landings in the previous year in each State for all aircraft covered by the policy (whether operated by the insured person or by a subsidiary)
(b)another aircraftState in which the aircraft is usually located or stored in a hangar (whether operated by the insured person or by a subsidiary)
3BloodstockState in which the bloodstock is usually located
4Boiler explosionValue of property or sum insured or exposure level for each State
5BurglaryValue of property or sum insured or exposure level for each State
6Business interruptionReasonably estimated profit revenue, fees, rent or other business measurement factor for each State
7Care, custody and control of bloodstockState in which the bloodstock is usually located
8Cash in transitNumber of premises or value of property or sum insured or exposure level for each State
9Company reimbursementEstimated salaries and wages or number of persons working in each State
10Comprehensive crime policyEstimated salaries and wages or number of persons working in each State
11Contract worksValue of property or sum insured or exposure level for each State
12Contractors riskValue of property or sum insured or exposure level for each State
13CropValue of property or sum insured or exposure level for each State
14Deterioration of stockValue of property or sum insured or exposure level for each State
15Directors and officersEstimated turnover, sales or number of persons working in each State
16Disability—
(a)individualState in which the business is registered or State in which the insured person resides
(b)groupState in which the business is registered or State in which the insured person resides
17Fidelity guaranteeEstimated salaries and wages or number of persons working in each State
18FireValue of property or sum insured or exposure level for each State
19General propertyValue of property or sum insured or exposure level for each State
20Home building and contentsValue of property or sum insured or exposure level for each State
21Industrial special risk—
(a)propertyValue of property or sum insured or exposure level for each State
(b)consequential lossReasonably estimated profit revenue, fees, rent or other business measurement factor for each State
22Legal expense insuranceEstimated salaries and wages or number of persons working in each State
23LivestockState in which the livestock is usually located
24Loss of profitsReasonably estimated profit revenue, fees, rent or other business measurement factor for each State
25Machinery breakdown (including computers and engineering)Value of property or sum insured or limit of liability declared for each State
26Marine—
(a)builders riskValue of property or sum insured or exposure level for each State
(b)carriers legal liability, charterers liability and hull liability for coastal and international shippingState which is the predominant location of the vessel
(c)private pleasure craftState in which the vessel is registered or State in which the insured person resides
27Medical indemnitySubscriptions paid in each State
28MoneyNumber of premises or value of property or sum insured or exposure level for each State
29Mortgage insurance—
(a)if security consists of 2 or more properties located in different StatesValue of property located in each State
(b)otherwiseState in which the property is usually located
30Motor vehicle, including extended warranty insurance—
(a)commercial motor vehicleState in which vehicle is registered or taken to be registered
(b)private use motor vehicleState in which vehicle is usually located or stored in a garage
(c)federal interstate motor vehicleState in which vehicle is registered or taken to be registered
(d)unregistered motor vehicleState in which vehicle is usually located or stored in a garage
31Non-appearance—entertainment industryTicket sales in each State
32Occupational—professional indemnityEstimated salaries and wages or number of persons working in each State or reasonably estimated profit revenue, fees or rent for each State
33Personal accident and illness—
(a)individualState in which the business is registered or State in which the insured person resides
(b)groupState in which the business is registered or State in which the insured person resides
34Personal liability—
(a)individualState in which the insured person resides
(b)businessState in which the business is registered
35Personal propertyValue of property or sum insured or exposure level for each State
36PluviusValue of property or sum insured or exposure level for each State
37Public liability, product liability or broadformEstimated salaries and wages, number of persons working in each State, turnover or sales, floor area units, number of premises or rent for each State
38Railway property or public liabilityNumber of kilometres travelled by the rolling stock in each State in the 12-month period immediately before the insurance policy’s inception or renewal
39Sprinkler leakageValue of property or sum insured or exposure level for each State
40Strata unitValue of property or sum insured or exposure level for each State
41Title insuranceState in which the property is located
42Trade credit policiesEstimated turnover or sales in each State
43Travel—
(a)outbound from Australia, including baggage—
(i)individualState in which the insured person resides
(ii)businessState in which the business is registered
(b)within Australia—
(i)individualState in which the insured person resides
(ii)businessState in which the business is registered
Schedule 3Activities for prescribed businesssection 81Excavating and earthmoving2Framing pictures3Gunsmithing4Locksmithing5Manufacturing, processing and packaging6Operating any of the following—(a)a beauty salon or barber shop;(b)a bus service;(c)a cinema;(d)a crematorium;(e)an engineering workshop;(f)a laundry or laundrette;(g)a newsagency, travel agency or real estate agency;(h)a repair and service workshop;(i)a rental business;(j)a restaurant or cafe;(k)a service station;(l)a sports complex or gymnasium;(m)a warehouse or bulk storage complex
7Operating as an undertaker or funeral director8Printing and publishing9Repairing boots and shoes10Retailing and wholesaling, whether or not involving repairing or installing goods sold11Upholstering
Schedule 4Fee payable for administrative functionsection 10$
Returning, by post, an instrument or statement lodged for assessment—
(a)first instrument or statement5.35
(b)each additional instrument or statement, including a copy1.70
sch 4 amd 2014 SL No. 123 s 5; 2015 SL No. 45 s 6; 2016 SL No. 88 s 5; 2017 SL No. 106 s 6; 2018 SL No. 65 s 5; 2019 SL No. 112 s 5Schedule 5Dictionarysection 3exposure level means the maximum possible monetary risk to the insurer if the insurer agrees to indemnify an insured person under an insurance contract.federal interstate motor vehicle means a motor vehicle registered under the Interstate Road Transport Act 1985 (Cwlth).high capacity regular public transport aircraft, for schedule 2, item 2(a), means an aircraft employed in regular public transport operations under the Civil Aviation Regulations 1988 (Cwlth), whose certificate of type approval under those regulations permits the aircraft to have—(a)a maximum seating capacity of more than 38 seats; or(b)a capacity to carry a maximum payload of more than 4,200kg.
limit of liability declared means the maximum amount, mentioned in an insurance contract, payable to an insured person under the insurance contract.predominant location, for a vessel mentioned in schedule 2, item 26(b), means—(a)if the insured person has disclosed to the insurer that the vessel will operate from its port of registration for the insurance year—the port of registration for that insurance year; or(b)if the insured person has disclosed to the insurer that the vessel will operate from more than 1 port during the insurance year—the port from which it will operate for most of that insurance year; or(c)if the insured person has disclosed to the insurer that the vessel will operate from more than 1 port during the insurance year but no port can be identified as the port from which the vessel will operate for most of the insurance year—the vessel’s port of registration for that insurance year.