Administration Act Amendment Act (No. 2) 1953 (WA)

1953.] Administration (No. 2). [No. 81.

ADMINISTRATION (No. 2).

2° Elizabeth II., No. LXXXI.

No. 81 of 1953.

AN ACT to amend the Administration Act,

1903-1950.

[Assented to 18th January, 1954.]

BE it enacted, by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Administra- asgrAtaitt;!,„.

tion Act Amendment Act (No. 2), 1953.

(2) In this Act, the Administration Act, 1903-

1950,

Act No. 13 of 1903 as reprinted with amendments Dgittiebien by Acts Nos. 39 of 1945, 8 of 1949 and 55 of 1950,

to and including Act No. 21 of 1942 incorporated EA=

pursuant to the provisions of the Amendments

is referred to as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the Administration Act, 1903-1953.

2. Section sixty-nine of the principal Act is =led.

amended by adding before the word, "pay" in line four, the words, "but subject to the provisions of section sixty-nine A of this Act,".

No. 81.] Administration (No. 2). [1953.

S. 69A

added. 3. The principal Act is amended by adding after

section sixty-nine the following section:-

Power to

remit or	69A. (1) Where the whole or part of the
postpone

payment	estate of a deceased person consists of a dwelling
of duty
in certain	house which at the date of the death of the
cases.	deceased person was ordinarily used by the surviving spouse of the deceased person as his or her ordinary place of residence and the final balance, as assessed under this Act, of the estate of the deceased person, does not exceed five thousand pounds, the Treasurer, on written application being made to the Commissioner by or on behalf of the surviving spouse, may at the
Cf. No. 18 of
1923.	Treasurer's option, defer, subject to such con- ditions, if any, as the Treasurer thinks fit, payment of the whole, or such part of the duty as the Treasurer thinks fit, until the death of the spouse.
Cf. . ss. 121 and
122 post.	(2) The provisions of sections one hundred and twenty-one and one hundred and twenty- two of this Act apply in respect of duty which has become chargeable notwithstanding that payment of the duty has been deferred under subsection (1) of this section.
8.70

amended. 4. Section seventy of the principal Act is

amended

(a)	by adding after the word, "aforesaid" in line one, the words, ", whether payment has or has not been deferred under section 69A of this Act,";
(b)	by adding after the word, "intestate" in line ten, the words, "and subject to defer- ment, if any, under section sixty-nine A of this Act"; and
(c)	by adding after the word, "shall" in line one of the proviso, the words, ", except to the extent of a deferment, if any, under section sixty-nine A of this Act,".

S. 108

amended

5. Section one hundred and eight of the principal

Act is amended by adding after the word, "Act" in

line six, the words, "but where the payment of duty

1953.] Western Australian Marine. [No. 82.

is, under section sixty-nine A of this Act, deferred for a period, interest shall not be charged on the duty during the period.

S. 109

6. Section one hundred and nine of the principal Act is amended by adding after subsection (2) the following subsection: amended.

(3) Where the payment of duty has, under section sixty-nine A of this Act, been deferred for a period, the duty does not become payable until the expiration of the period.