Australian Capital Territory Stamp Duty Act 1969 (Cth)

Australian Capital Territory Stamp Duty Act 1969

Act No. 48 of 1969 as amended

[Note: This Act was repealed by Act No. 8 of 2007 on 15 March 2007]

This compilation was prepared on 18 October 2000

taking into account amendments up to Act No. 62 of 1987

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

An Act relating to the Imposition of Stamp Duty on certain Instruments having a connexion with the Australian Capital Territory

1Short title [see Note 1]

This Act may be cited as the Australian Capital Territory Stamp Duty Act 1969.

2Commencement [see Note 1]

This Act shall come into operation on a date to be fixed by Proclamation.

3Incorporation

The Australian Capital Territory Taxation (Administration) Act 1969 is incorporated and shall be read as one with this Act.

3ATermination of stamp duty

(1)
Stamp duty is not imposed by subsection 4(1) on:
(a)
an instrument of Crown lease where the date of commencement specified in the lease is on or after the termination day;
(b)
a bill of exchange or promissory note that is drawn or made on or after the termination day; or
(c)
an instrument (not being an instrument of Crown lease or a bill of exchange or promissory note) that is executed on or after the termination day.
(2)
Stamp duty is not imposed by subsection 4(1) on a bill of exchange or promissory note by reason of its negotiation, presentment for payment or payment on or after the termination day.

4Imposition of stamp duty

(1)
Subject to this Act and to the Australian Capital Territory Taxation (Administration) Act 1969, stamp duty is imposed on the instruments included in the classes of instruments specified in Schedule 1.
(2)
Subject to this Act and to the Australian Capital Territory Taxation (Administration) Act 1969, where, under subsection 58M(1), (3), (4) or (5) or section 58P, 58Q or 58R of the Australian Capital Territory (Administration) Act 1969, an instrument is liable to an amount of duty, stamp duty of that amount is imposed on that instrument.

5Amount of stamp duty

The amount of stamp duty on an instrument included in a class of instruments specified in column 2 of Schedule 1 is the amount set out in, or calculated in the manner set out in, column 3 of that Schedule opposite to the reference to that class of instruments.

5AChattels included in the grant or conveyance of certain Crown leases

(1)
For the purpose of calculating the amount of stamp duty on an instrument included in a class of instruments specified in column 2 of Item 5, 6, 6A or 7 of Schedule 1, in relation to a conveyance of a Crown lease that provides for the land to be used for residential purposes only:
(a)
a reference in any of those Items to the value of the interest in the land transferred, agreed to be transferred or granted includes a reference to the value of any chattels:
(i)
that, by reason of the conveyance of the Crown lease, are transferred or agreed to be transferred (whether or not to the transferee of the Crown lease); or
(ii)
where the conveyance of the Crown lease and a transfer of, or agreement to transfer, the chattels (whether or not to the transferee of the Crown lease) are, in the opinion of the Commissioner, reasonably capable of being regarded as one transaction; and
(b)
a reference in any of those Items to the total amount or value of any consideration given or agreed to be given in respect of the lease, or the transfer or assignment of the lease, includes a reference to the total amount or value of any consideration given or agreed to be given in respect of the transfer or hiring of any chattels:
(i)
that, by reason of the conveyance of the Crown lease, are transferred or hired or agreed to be transferred or hired (whether or not to the transferee of the Crown lease); or
(ii)
where the conveyance of the Crown lease and:
(A)
a transfer or hiring of; or
(B)
an agreement to transfer or hire;
the chattels (whether or not to the transferee of the Crown lease) are, in the opinion of the Commissioner, reasonably capable of being regarded as one transaction.
(2)
In this section:
(a)
a reference to the conveyance of a Crown lease includes a reference to the grant of a Crown lease;
(b)
a reference to the transferee, in relation to the conveyance of a Crown lease, is a reference to the person to whom the lease is, or is to be, conveyed;
(c)
a reference to the hiring of chattels includes a reference to the grant or assignment of rights to use chattels; and
(d)
a reference to consideration given or agreed to be given in respect of the hiring of chattels is a reference to the total consideration given or agreed to be given in respect of the hiring of the chattels for the total period for which the hiring is likely to continue, notwithstanding that the hiring is expressed to be on a weekly, monthly or other periodical basis.

6Exemptions from stamp duty

(1)
Stamp duty is not imposed on an instrument included in a class of instruments specified in Schedule 2.
(2)
Stamp duty is not imposed on an instrument for which an exemption from stamp duty is provided by the Bankruptcy Act 1966‑1968 or the Commonwealth Inscribed Stock Act 1911‑1966.
(3)
Stamp duty is not imposed on an instrument included in a prescribed class of instruments executed by an authority of the Commonwealth or of a Territory prescribed for the purposes of this subsection.
(4)
Stamp duty is not imposed on an instrument that is a counterpart or copy of another instrument that has been duly stamped.
(5)
Stamp duty is not imposed on a cheque drawn before the date of commencement of this Act.
(6)
Stamp duty is not imposed on a bill of exchange or promissory note (not being a cheque) by reason of its negotiation, presentment for payment or payment if it has already been duly stamped by reason of its drawing, making, presentment for payment or earlier negotiation.
(7)
Stamp duty is not imposed on a bill of exchange or promissory note (not being a cheque) drawn or made before the date of commencement of this Act by reason of its negotiation, presentment for payment or payment on or after that date.
(8)
Stamp duty is not imposed on an instrument (not being a bill of exchange or promissory note) executed before the commencement of this Act.
(9)
Stamp duty is not imposed on a lease, or on an instrument of transfer of an estate in fee simple in land or of a lease, for which an agreement in writing has been executed before the commencement of this Act.

7Adjustment of stamp duty

Where an amount of stamp duty payable on a hire‑purchase agreement is an amount that is not a multiple of 5 cents, the amount of stamp duty payable is the nearest amount that is a multiple of 5 cents, except where the amount of stamp duty is equally near to 2 amounts that are multiples of 5 cents, in which case, the amount of stamp duty payable is the next lower amount that is a multiple of 5 cents.

8Regulations

The Governor‑General may make regulations for the purposes of subsection 6(3).

The Schedules

Schedule 1Amount Of Stamp Duty

Section 5

Column 1	Column 2	Column 3
Item No.	Class of Instruments	Amount of Stamp Duty
1	Cheque drawn or made on a banker at a branch of the banker in the Territory	10 cents per instrument
2	Bill of exchange or promissory note (not being a cheque) drawn, made, negotiated, presented for payment, or paid, in the Territory	10 cents per instrument
3	Hire‑purchase agreement entered into by the owner in the Territory	11/4 % of the purchase price under the agreement
4	Transfer, or an agreement for a transfer, of an estate in fee simple in land situated in the Territory	(a) $1.25 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that does not exceed $14,000;
(b) $1.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $14,000 but does not exceed $30,000;
(c) $2.00 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $30,000 but does not exceed $60,000;
(d) $2.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $60,000 but does not exceed $100,000; and
(e) $3.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $100,000
5	Transfer, or an agreement for a transfer, of a Crown lease for a term exceeding 5 years of land situated in the Territory	(a) $1.25 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that does not exceed $14,000;
(b) $1.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $14,000 but does not exceed $30,000;
(c) $2.00 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $30,000 but does not exceed $60,000;
(d) $2.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $60,000 but does not exceed $100,000; and
(e) $3.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $100,000
6	Lease (other than a Crown lease) of land situated in the Territory	(a) 35 cents for every $100, and for any fractional part of $100, of the total amount or value of the consideration by way of rent in respect of the lease for the term of the lease specified in the lease; and
(b) 35 cents for every $100, and for any fractional part of $100, of the total amount or value of any consideration (not being rent) given or agreed to be given in respect of the lease
6A	Crown lease of land situated in the Territory	(a) $1.25 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land granted that does not exceed $14,000;
(b) $1.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land granted that exceeds $14,000 but does not exceed $30,000;
(c) $2.00 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land granted that exceeds $30,000 but does not exceed $60,000;
(d) $2.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land granted that exceeds $60,000 but does not exceed $100,000; and
(e) $3.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land granted that exceeds $100,000
7	Transfer or assignment, or an agreement for a transfer or assignment, of a lease, other than a Crown lease for a term exceeding 5 years, of land situated in the Territory	(a) $1.25 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that does not exceed $14,000;
(b) $1.50 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $14,000 but does not exceed $30,000;
(c) $2.00 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $30,000 but does not exceed $60,000;
(d) $2.50 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $60,000 but does not exceed $100,000; and
(e) $3.50 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $100,000;
8	Transfer of a marketable security, being a marketable security that, immediately before the date on which the instrument of transfer was executed, was registered in a register kept by a company or unit trust in the Territory	15 cents for every $25, and for any fractional part of $25, of the unencumbered value of the marketable security
9	Loan security that is connected with the Territory	(a) Where the amount payable or repayable under or secured by the loan security does not exceed $15,000 or, if that amount is not fixed, where the maximum amount that is or may become payable or repayable under or that is secured by the loan security does not exceed $15,000—$5; or
(b) where that amount or maximum amount exceeds $15,000—$5 for the first $15,000 and 40 cents for every $100, and for any fractional part of $100, in excess of the first $15,000

Schedule 2Exemptions From Stamp Duty

Section 6

Item No.	Class of Exempt Instruments
1	Cheque drawn on a form supplied or used by a banker in pursuance of an authority granted under Division 2 of Part III of the Australian Capital Territory Taxation (Administration) Act 1969
2	Bill of exchange or promissory note drawn or made by a Department of State of the Commonwealth
3	Bill of exchange or promissory note drawn or made by the Governor‑General
4	Bill of exchange or promissory note drawn or made by or on behalf of a public hospital, public benevolent institution, religious institution or public educational institution
5	Bill of exchange or promissory note drawn or made by a person who is: (a) a member of a diplomatic mission in Australia of the government of another country that does not impose stamp duty or any similar tax on bills of exchange and promissory notes or grants in relation to Australia an exemption from any such stamp duty or similar tax corresponding to this exemption; or (b) a member of his family forming part of his household, being a person who is not an Australian citizen and is not ordinarily resident in Australia
6	Hire‑purchase agreement under which the purchase price does not exceed $100
7	Hire‑purchase agreement under which the owner is a registered owner
8	Hire‑purchase agreement under which the hirer is a public hospital, public benevolent institution, religious institution or public educational institution
9	Hire‑purchase agreement under which the hirer is: (a) a member of a diplomatic mission in Australia of the government of another country that does not impose stamp duty or any similar tax on hire‑purchase agreements or grants in relation to Australia an exemption from any such stamp duty or similar tax corresponding to this exemption; or (b) a member of his family forming part of his household, being a person who is not an Australian citizen or is not ordinarily resident in Australia
11	Conveyance granted to the Commonwealth
12	Conveyance by which an estate or interest in land is transmitted: (a) (otherwise than under the Real Property Ordinance) by way of mortgage where: (i) an instrument constituting or evidencing the mortgage has been duly stamped; or (ii) no duty is payable in respect of such an instrument; (b) by way of discharge of mortgage; or (c) consequent on the death, bankruptcy or insolvency of the holder of the estate or interest
13	Conveyance of land on a sale by the Director of War Service Homes in pursuance of Part IV of the War Service Homes Act 1918‑1968
14	Conveyance to a person in pursuance of an order of a court under section 86 of the Matrimonial Causes Act 1959‑1966 or under section 22 of the Married Women’s Property Act, 1901 of the State of New South Wales in its application to the Territory
15	Conveyance to, or to trustees upon trust for, a public hospital, public benevolent institution, religious institution or public educational institution
16	Conveyance to the government of a country other than Australia
17	Conveyance to a member of a diplomatic mission in Australia of the government of another country that does not impose stamp duty or any similar tax on conveyances or grants in relation to Australia an exemption from any such stamp duty or similar tax corresponding to this exemption, being a person who is not an Australian citizen and is not ordinarily resident in Australia, where the land is to be used as premises for the purposes of the diplomatic mission or as the residence of the member of the diplomatic mission
18	Transfer or assignment of a lease of, or transfer of an estate in fee simple in, land, being a lease, or an estate in fee simple, as the case may be, held on trust, where the transfer or assignment: (a) is made in consequence of the appointment or retirement of a trustee of the trust or other change in trustees of the trust, in order to vest the lease, or the estate in fee simple, as the case may be, in the trustees of the trust who are for the time being entitled to hold it; and (b) is not made in connection with a scheme to avoid or reduce stamp duty
18A	Transfer or assignment of a lease of, or transfer of an estate in fee simple in, land, where the transfer or assignment: (a) is from a trustee to a person who contributed the purchase money for the conveyance of the land to the trustee; and (b) is not made in connection with a scheme to avoid or reduce stamp duty
18B	Conveyance of land held on trust, where: (a) the conveyance is made by the trustee to a beneficiary of the trust otherwise than for valuable consideration, and does not constitute a breach of trust; (b) stamp duty on the conveyance of the land to the trustee has been paid or was not payable; and (c) the first‑mentioned conveyance is not made in connection with a scheme to avoid or reduce stamp duty
18C	Crown lease to a non‑commercial Commonwealth authority
18D	Crown lease granted to the lessee of a previous Crown lease because of the surrender of the previous Crown lease, where the surrender was in connection with any one or more of the following: (a) changing the purpose for which the parcel of land to which the Crown lease relates may be used; (b) reducing rent to an amount not exceeding 5 cents per annum; (c) granting a single lease in respect of the parcel of land to which the previous Crown lease related and another parcel, or other parcels, of land to which another surrendered Crown lease, or other surrendered Crown leases, related; (d) granting separate leases in respect of separate parts of the parcel of land to which the previous Crown lease related; (e) changing a covenant requiring the carrying out of works on, or on unleased land adjacent to, the parcel of land to which the Crown lease relates; (f) granting a lease of a longer term; (g) correcting errors or omissions
18E	Crown lease granted under the Australian Capital Territory Rental Housing Scheme
18F	Transfer or assignment, or an agreement for a transfer or assignment, of a lease by or in the name of the Commonwealth

19	Transfer of a marketable security where the instrument of transfer bears statements made in respect of the sale and of the purchase of the marketable security to which the transfer relates under the Australian Capital Territory Taxation (Administration) Act 1969 or under a law of a State or another Territory relating to the imposition of stamp duty on transfers of marketable securities to the effect that stamp duty, if payable, has been or will be paid
20	Transfer of a marketable security issued by a municipal council or other local governing body or by a public authority constituted under a law of the Commonwealth or of a State or Territory
21	Transfer of a marketable security to, or to trustees upon trust for, a public hospital, public benevolent institution, religious institution or public educational institution
22	Transfer of a marketable security held on trust, where the transfer: (a) is made in consequence of the appointment or retirement of a trustee of the trust or other change in trustees of the trust, in order to vest the marketable security in the trustees of the trust who are for the time being entitled to hold it; and (b) is not made in connection with a scheme to avoid or reduce stamp duty
23	Transfer of a marketable security from an executor of a deceased person’s will or administrator of a deceased person’s estate to another executor of that will or administrator of that estate
24	Transfer of a marketable security to a beneficiary entitled to it under a will or to a person entitled to it under an intestacy
25	Transfer of a marketable security from a trustee to a person who contributed the purchase money for the transfer by which the trustee acquired the marketable security, where: (a) any stamp duty (whether under this or another Act or under a law of a State or another Territory) on, or any tax under the Australian Capital Territory Tax (Transfers of Marketable Securities) Act 1986 on the registration of, the transfer by which the trustee acquired the marketable security has been paid; (b) the instrument of transfer by which the trustee acquired the marketable security bears statements made in respect of the sale and of the purchase of the marketable security to which the transfer relates under the Australian Capital Territory Taxation (Administration) Act 1969 or under a law of a State or another Territory relating to the imposition of stamp duty on transfers of marketable securities to the effect that stamp duty, if payable, has been or will be paid; (c) no stamp duty (whether under this or another Act or under a law of a State or another Territory) was payable on, and no tax under the Australian Capital Territory Tax (Transfers of Marketable Securities) Act 1986 was payable on the registration of, the transfer by which the trustee acquired the marketable security; or (d) the trustee so acquired the marketable security upon its first issue, and the transfer is not made in connection with a scheme to avoid or reduce stamp duty
26	Transfer of a marketable security to a trustee to be held solely as trustee of the transferor without change in beneficial ownership, and a transfer by way of re‑transfer to the transferor, and the transfer is not made in connection with a scheme to avoid or reduce stamp duty
27	Transfer of a marketable security made solely for the purpose of: (a) qualifying the transferee as the director of a company to act and vote, as directed, on behalf of another company; or (b) re‑transferring the marketable security from that director to the other company, being another company that: (c) controls the appointment or removal of all or a majority of the board of directors of that first‑mentioned company; (d) controls more than one‑half of the voting power in that first‑mentioned company; or (e) beneficially owns more than one‑half of the paid‑up capital of that first‑mentioned company
28	Transfer of a marketable security made solely for the purpose of rectifying a clerical error in an instrument of transfer
29	Transfer of a marketable security made solely by way of security or by way of re‑transfer to a person from another person who held the marketable security by way of security
30	Transfer of a marketable security by a broker to a person (not being a broker) who had, for the purpose of enabling the broker to fulfill a contract to sell marketable securities in the ordinary course of his business as a broker, transferred a marketable security of the same description to the broker in pursuance of an undertaking by the broker, in consideration of that transfer to the broker, subsequently to transfer a marketable security of the same description to that person
31	Transfer of a marketable security to: (a) a member of a diplomatic mission in Australia of the government of another country that does not impose stamp duty or any similar tax on transfers of marketable securities or grants in relation to Australia an exemption from any such stamp duty or similar tax corresponding to this exemption; or (b) a member of his family forming part of his household, being a person who is not an Australian citizen and is not ordinarily resident in Australia
32	Loan security where the amount payable or repayable under or secured by the loan security does not exceed $500 or, if that amount is not fixed, where the maximum amount that is or may become payable or repayable under or that is secured by the loan security does not exceed $500
33	Loan security under which the borrower is the Commonwealth
34	Loan security under which the borrower is, or is a trustee of, a public hospital, public benevolent institution, religious institution or public educational institution
35	Loan security under which the borrower is: (a) a member of a diplomatic mission in Australia of the government of another country that does not impose stamp duty or any similar tax on loan securities or grants in relation to Australia an exemption from any such stamp duty or similar tax corresponding to this exemption; or (b) a member of the family of such a member of a diplomatic mission forming part of the household of the last‑mentioned member, being a person who is not an Australian citizen and is not ordinarily resident in Australia

Notes to theAustralian Capital Territory Stamp Duty Act 1969

Note 1

The Australian Capital Territory Stamp Duty Act 1969 as shown in this compilation comprises Act No. 48, 1969 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Australian Capital Territory Stamp Duty Act 1969	48, 1969	14 June 1969	1 July 1969 (see Gazette 1969, p. 3691)
Australian Capital Territory Stamp Duty Act 1972	68, 1972	31 Aug 1972	31 Aug 1972	—
Australian Capital Territory Stamp Duty Act (No. 2) 1972	94, 1972	18 Oct 1972	18 Oct 1972	S. 4
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	Ss. 9(1) and 10
Australian Capital Territory Stamp Duty Amendment Act 1981	124, 1981	30 Sept 1981	19 Aug 1981	S. 5
Australian Capital Territory Stamp Duty Amendment Act 1982	126, 1982	13 Dec 1982	13 Dec 1982	S. 4
Australian Capital Territory Stamp Duty Amendment Act 1985	170, 1985	16 Dec 1985	S. 5: 1 July 1969 Remainder: 1 Jan 1986	S. 8
Australian Capital Territory Stamp Duty Amendment Act 1986	147, 1986	11 Dec 1986	Ss. 4(h), 5(c), (d) and 6(2): 10 June 1986 Remainder: 1 Jan 1987	S. 6
Taxation Laws Amendment Act (No. 2) 1987	62, 1987	5 June 1987	S. 59: 1 Aug 1987 (see Gazette 1987, No. S191) (a)	—

(a) The Australian Capital Territory Stamp Duty Act 1969 was amended by section 59 only of the Taxation Laws Amendment Act (No. 2) 1987, subsection 2(8) of which provides as follows:
(8)
Part VIII shall come into operation on a day, or respective days, to be fixed by Proclamation.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3A......................................	ad. No. 62, 1987
S. 4.........................................	am. No. 124, 1981; No. 170, 1985
S. 5.........................................	rs. No. 124, 1981
S. 5A......................................	ad. No. 147, 1986
S. 6.........................................	am. No. 124, 1981; No. 170, 1985
S. 7.........................................	am. No. 124, 1981
S. 8.........................................	ad. No. 170, 1985
Heading to First Schedule......	rep. No. 124, 1981
Heading to Schedule 1...........	ad. No. 124, 1981
First Schedule........................	am. No. 94, 1972; No. 124, 1981
Schedule 1.............................	am. No. 124, 1981; No. 170, 1985; No. 147, 1986
Heading to Second ................ Schedule	rep. No. 124, 1981
Heading to Schedule 2...........	ad. No. 124, 1981
Second Schedule...................	am. No. 68, 1972; No. 216, 1973
Schedule 2.............................	am. No. 126, 1982; No. 170, 1985; No. 147, 1986