The main principle is that if the contract was executed before the commencement of the Barrier Free model, the old conveyancing rules apply (e.g. duty must be paid within 90 days and stamping of the dutiable instrument is required).
Transitional provisions are in place so that there is a distinction between ‘old’ and ‘new’ contracts.
More information on how to lodge and pay for your existing transaction is available on the Lodging transactions outside the Barrier Free model page.
Any transactions that do not cause a change in the land titles register (or do not cause a change in every case) are outside the Barrier Free model. These include:
- landholder duty acquisitions
- cancelled agreements
- motor vehicle registration duty (administered by Access Canberra)
- corporate reconstructions where the dutiable property is not transferring
These transactions must be lodged directly with us in order to be assessed with duty in compliance with the legislation.
The duty liability for these transactions will continue to be payable within 90 days from the grant, transfer or agreement being executed or for an off the plan purchase agreement within the time that the duty is payable for the agreement. This is 14 days after the first of the events mentioned in section 16A (1) of the Duties Act 1999 or a maximum time of 1 year and 14 days after the transaction date. Payment is limited to BPAY or Electronic Funds Transfer.
The Barrier Free model is separate from PEXA.
PEXA mainly allows electronic lodgement of documents and a secure settlement process. However, the Barrier Free Model is a completely new model for assessing and collecting conveyance duty.