Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) No duty is chargeable under this Chapter on a dutiable transaction in respect of marketable securities—
(a) if a transfer of those marketable securities is endorsed under Chapter 4; or
(b) if duty is chargeable on the sale or purchase of those marketable securities, or the sale or purchase is exempt from duty, or the transfer of those marketable securities is endorsed, under the provisions of an Act of another Australian jurisdiction that correspond to Chapter 4 and that are declared by the Minister by notice published in the Gazette to be corresponding provisions.
(2) No duty is chargeable under this Chapter on a transfer, or an agreement for the sale or transfer, of marketable securities quoted on the market operated by the Australian Stock Exchange if the transfer or agreement is for the sole purpose of—
(a) lending the marketable securities to the transferee for not more than 12 months;
(b) returning marketable securities borrowed from the transferee not more than 12 months before, being such marketable securities as are necessary to restore the shareholding of the transferee to the exact number and class of marketable securities of which the transferee would have otherwise been the registered holder, if the loan had not taken place; or
(c) a securities lending transaction that is completed within 12 months.
(3) No duty is chargeable under this Chapter in respect of—
(a) an SCH-regulated transfer made to reverse an SCH-regulated transfer that was made mistakenly not more than 7 days earlier; or
(b) the SCH-regulated transfer so reversed.
(4) No duty is chargeable under this Chapter on—
(a) a transfer of marketable securities made by the transferor to a trustee or nominee to be held solely as trustee or nominee of the transferor without any change in beneficial ownership and without contemplation of any such change;
(b) a re-transfer of marketable securities to a transferor if—
(i) the marketable securities were transferred to a trustee or nominee to be held solely as trustee or nominee for the transferor; and
(ii) no person other than the transferor has had a beneficial interest in the marketable securities (other than the trustee's or nominee's right of indemnity) between their transfer to the trustee or nominee and their transfer back to the transferor;
(c) without limiting paragraph (a) or (b), a transfer of marketable securities to or from—
(i) SECH Nominees Pty Limited;
(ii) CHESS Depositary Nominees Pty Limited; or
(iii) a nominee company that holds marketable securities solely for the purpose of facilitating marketable security transaction settlements by a broker;
(d) a transfer of marketable securities or IRs by or on behalf of an applicant for an instalment warrant to a trustee in exchange for the issue of an instalment warrant by a warrant issuer to the applicant or the nominee of the applicant; or
(e) a transfer of marketable securities from a trustee to an instalment warrant holder in accordance with the terms of issue of the instalment warrant.
(5) No duty is chargeable under this Chapter on a transfer, or an agreement for the sale or transfer, of shares in a Territory company, being a public company, comprising a buy-back of the shares in accordance with Division 2 of Part 2J.1 of the Corporations Law , unless the buy-back is effected by the purchaser pursuant to 1 or more agreements, understandings or arrangements that the purchaser will issue marketable securities.
(6) No duty is chargeable under this Chapter on the transfer to a person of rights to shares if an earlier transfer of the shares to the person included a right to shares and duty in respect of the rights was paid in connection with that earlier transfer or the earlier transfer was exempt from duty.
(7) No duty is chargeable under this Chapter on the transfer of shares to a person (in this subsection referred to as the “transferee”) if—
(a) as a consequence of the transfer of shares in a company—
(i) in respect of which ad valorem duty under this Act or a corresponding Act has been paid or that is exempt from duty; and
(ii) that is not registered in the share register of the company;
the transferee is, on a bonus issue or the issue of a right to shares subsequent to the transfer, entitled to other shares registered in the name of the transferor; and
(b) the transferee pays the amount, if any, necessary to take up the other shares.
(8) No duty is chargeable under this Chapter on a transfer, or an agreement for the sale or transfer—
(a) of marketable securities listed on a recognised stock exchange located outside Australia to—
(i) a foreign resident on the foreign resident's own behalf; or
(ii) a foreign resident acting on behalf of or as trustee for another foreign resident; and
(b) that is to be registered on an overseas register of legal or beneficial title.
(9) No duty is chargeable under this Chapter on a transfer, or an agreement for the sale or transfer—
(a) of an ADR that relates to shares quoted on the Australian Stock Exchange or a recognised stock exchange located outside Australia or an ADR that relates to rights to shares that upon issue, on exercise of those rights, will be quoted on the Australian Stock Exchange or a recognised stock exchange located outside Australia, to—
(i) a foreign resident on the foreign resident's own behalf; or
(ii) a foreign resident acting on behalf of a trustee for another foreign resident; and
(b) that is to be registered on an overseas register of legal or beneficial title.
(10) No duty is chargeable under this Chapter on a transfer or transfers, on any one day, of marketable securities—
(a) to the trustee of an index trust in exchange for the issue of units in the trust; or
(b) from the trustee of that trust in exchange for the redemption of units in the trust;
if the total amount of the marketable securities so transferred between the transferor and the transferee represents a portfolio of securities in such volumes as are contained in the relevant stock exchange index on that day.