Stamp Act 1894 (Qld) | CaseChat AU

STAMP ACT 1894

Queensland STAMP ACT 1894 Reprinted as in force on 31 July 2001 (includes amendments up to Act No. 45 of 2001) Warning—see last endnote for uncommenced amendments Reprint No. 3 This reprint is prepared by the Ofﬁce of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 31 July 2001. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— • use standard punctuation consistent with current drafting practice (s 27) • use expressions consistent with current drafting practice (s 29) • reorder deﬁnitions consistent with current drafting practice (s 30) • use aspects of format and printing style consistent with current drafting practice (s 35). This page is speciﬁc to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in earlier reprints.

Queensland STAMP ACT 1894 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2AA Attachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2AB Effect of stamping duplicate instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2A Meaning of “full unencumbered value” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2B Special directions where property comprises certain shares . . . . . . . . . . . . . 14 2C Mining claims, leases etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3 Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 Charge of duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4A Restriction on effect of unstamped instruments . . . . . . . . . . . . . . . . . . . . . . 19 4B Duty a debt recoverable by commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5 Appointment of commissioner, deputies, and other ofﬁcers . . . . . . . . . . . . . 20 6 Branch ofﬁces may be opened. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 7 Duties and powers of assistant commissioner and deputy commissioners . . 20 7A Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 7B Commissioner’s opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8 Commissioner to supervise branch ofﬁces . . . . . . . . . . . . . . . . . . . . . . . . . . 21 10 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 13 All duties to be paid according to this Act . . . . . . . . . . . . . . . . . . . . . . . . . . 23 13A Duty accounted for by returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 14 How instruments are to be written and stamped . . . . . . . . . . . . . . . . . . . . . . 26 15 Instruments to be separately charged with duty in certain cases. . . . . . . . . . 27 16 Facts and circumstances affecting duty to be disclosed . . . . . . . . . . . . . . . . 27 17 Mode of calculating ad valorem duty in certain cases . . . . . . . . . . . . . . . . . 29

2 Stamp Act 1894 18 General direction as to the cancellation of adhesive stamps . . . . . . . . . . . . . 20 Appropriated stamps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Denoting stamps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Assessment of duty by commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22AA Rounding down amounts of duty etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22A Default assessments of duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Commissioner may require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23A Offence not to comply with s 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23B False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23C Penalty duty when s 23 not complied with . . . . . . . . . . . . . . . . . . . . . . . . . . 23D Objection against assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23E Notiﬁcation to agent is notiﬁcation to principal . . . . . . . . . . . . . . . . . . . . . . 24 Persons dissatisﬁed may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Evidence of parties to instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Liability in respect of stamp duties payable upon instruments . . . . . . . . . . . 27 Instrument not to be stamped until penalty paid . . . . . . . . . . . . . . . . . . . . . . 28 Instrument not to be delivered up till duty and penalty paid . . . . . . . . . . . . . 29 Powers of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29A Restriction on entry to investigate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29B Obstruction etc. of an investigating ofﬁcer . . . . . . . . . . . . . . . . . . . . . . . . . . 29C False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Penalty for registering instrument not duly stamped. . . . . . . . . . . . . . . . . . . 31A Transfers of marketable securities and share rights. . . . . . . . . . . . . . . . . . . . 31AB Transfer to company of shares bought back by company is dutiable . . . . . . 31B Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31BAA Application of ss 31C, 31E, 31G, 31GA and 31H . . . . . . . . . . . . . . . . . . . . 31BA Options—marketable securities and share rights . . . . . . . . . . . . . . . . . . . . . 31C Sales and purchases to be recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31D Returns to be lodged and duty paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31E Endorsement of transfer as to payment of duty. . . . . . . . . . . . . . . . . . . . . . . 31F Power to dealer to recover duty paid by dealer . . . . . . . . . . . . . . . . . . . . . . . 31G Transfers of marketable securities not to be registered unless duly stamped 30 30 31 31 33 33 36 37 39 39 40 41 41 43 43 47 47 47 50 50 51 52 52 53 54 56 56 57 59 60 61 61

3 Stamp Act 1894 31GA Retention of transfer instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 31H Duty on transactions on registers of Queensland companies . . . . . . . . . . . . 63 31I Transitional provision—ss 31H and 31I . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 31IA Transitional provision—contract or agreement for sale and transfer of marketable security or right in respect of shares . . . . . . . . . . . . . . . . . . . . . . 66 31J Duty on certain transactions on the Stock Exchange of the United Kingdom 66 31K Application of CHESS provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 31L Transfer documents treated as instruments of conveyance . . . . . . . . . . . . . . 71 31M SCH participant liable to pay duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 31N Record of SCH-regulated transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 31O Particulars to be included by relevant participant in transfer document . . . . 72 31P Exemption if duty paid on instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 31Q Statement to be made and duty paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 31R Failure to pay duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 31S Refund for error transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 31T Registration as the securities clearing house . . . . . . . . . . . . . . . . . . . . . . . . . 75 31U Monthly return. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 31V Particulars stated by participants to be kept by SCH . . . . . . . . . . . . . . . . . . 76 31W Disclosure to the SCH of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 31X Liability to account for duty for a security loan or security lending scheme for more than 1 year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 31Y Relevant SCH participant’s identiﬁcation code equivalent to stamping . . . . 77 32A Instalment-purchase agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 35 Credit and rental business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 35A Persons carrying on credit or rental business to be registered. . . . . . . . . . . . 87 35AA Certiﬁcates of registration of persons carrying on credit or rental business in Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 35B Statements to be lodged by required persons with the commissioner. . . . . . 91 35C Required persons to keep records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 35D Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 35E As to transactions with unregistered persons . . . . . . . . . . . . . . . . . . . . . . . . 106 35F Exemption from credit duty of certain loans by registered persons . . . . . . . 108 35H Undertaking by ﬁnancial institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

4 Stamp Act 1894 36 Stamp duty not chargeable on certain orders . . . . . . . . . . . . . . . . . . . . . . . . 110 42B Stamp duty on credit card business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 44 Bills of sale etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 45 Payment of duties on documents registered with clerk of petty sessions, warden etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 45A Collection of duties by the chief executive (of the department in which the Land Act 1994 is administered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 46 Policies executed outside Queensland. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 46A Policies executed in Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 46B Risk of consequential loss or damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 46C Insurance with no executed policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 46D Relief from duty where duty also chargeable in other States or Territories . 120 46E Liability for duty on a policy and lodgment . . . . . . . . . . . . . . . . . . . . . . . . . 121 46F Approved insurers to pay duty by return. . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 47 Policy of temporary insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 47A Policies of marine insurance in sets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 47B Workers’ compensation insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 48 Continuous insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 48A Assessment of duty where premium unascertainable . . . . . . . . . . . . . . . . . . 126 48B Increase in premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 48C Certain insurance policies need not be produced . . . . . . . . . . . . . . . . . . . . . 127 48D Establishment of true premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 49 Meaning of “conveyance or transfer” and provisions affecting the same . . . 128 49A Collection of duty in cases of property vested by Act or purchased under statutory power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 49B Nature of conveyance upon winding-up of company . . . . . . . . . . . . . . . . . . 131 49C Relief from conveyance and transfer duty upon company reconstruction or amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 49D Duty and penalty on conveyance or transfer in certain cases . . . . . . . . . . . . 139 49E Duty and penalty on declaration of trust in certain cases . . . . . . . . . . . . . . . 140 50 How ad valorem duty to be calculated in respect of stock, marketable securities and share rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 51 How consideration consisting of periodical payments to be charged . . . . . . 142 51A Voluntary disposition to a company deemed to be a voluntary conveyance . 143

5 Stamp Act 1894 51B Valuation of property passing under voluntary conveyance . . . . . . . . . . . . . 51C Valuation in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51D Improvements effected by transferee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51E Minimum value of certain shares or stock . . . . . . . . . . . . . . . . . . . . . . . . . . 52 How conveyance, in consideration of a debt etc. to be charged . . . . . . . . . . 53 Directions as to duty in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53A Further provisions re stock or marketable security . . . . . . . . . . . . . . . . . . . . 53B Calculation of value where property subject to a lease . . . . . . . . . . . . . . . . . 54 Certain contracts to be chargeable as conveyances . . . . . . . . . . . . . . . . . . . . 54A Liability to account for duty upon transfer of business. . . . . . . . . . . . . . . . . 54AB Duty payable where no dutiable instrument . . . . . . . . . . . . . . . . . . . . . . . . . 54AC Duty payable on change of beneﬁcial ownership of marketable securities and rights in respect of shares . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54AD Statutory business licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54AE Water entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Partition or division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55A Duty relating to principal place of residence and ﬁrst principal place of residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55B Duty in respect of prescribed family rural properties . . . . . . . . . . . . . . . . . . 55C Transactions involving certain family businesses . . . . . . . . . . . . . . . . . . . . . 56 As to sale of an annuity or right not before in existence . . . . . . . . . . . . . . . . 56A Certain instruments of annuity need not be produced. . . . . . . . . . . . . . . . . . 56B Unit trust schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56C Companies involving trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56D Conveyance of land by way of security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56E Conveyance of other property by way of security. . . . . . . . . . . . . . . . . . . . . 56F Meaning of “prescribed provisions” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56FA Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56FB Lodgment of statements where trust acquires interest . . . . . . . . . . . . . . . . . 56FC Valuation of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56FD Charge may be recorded on title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56FE Charge on land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56FF Power of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 143 144 145 145 145 149 150 151 154 157 161 162 164 166 167 179 182 186 187 187 195 202 203 204 204 210 211 211 213 213

6 Stamp Act 1894 56FG Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 56FH When statement to be lodged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 56FI Corporation to lodge a statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 56FJ Subsidiary to lodge a statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 56FK Statement chargeable with duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 56FL Corporations to which the prescribed provisions apply . . . . . . . . . . . . . . . . 223 56FLA Land or property to which corporation or subsidiary entitled. . . . . . . . . . . . 225 56FLB Calculating value of land or property of corporation or subsidiary . . . . . . . 226 56FM Meaning of “relevant acquisition”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 56FN Meaning of “interest”, “majority interest” and “further interest” . . . . . . . . . 227 56FO Special directions as to duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 57 What is to be deemed a conveyance on any occasion not being a sale or mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 57A Motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 59 As to settlement of policy or security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 59A Matrimonial arrangements—interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . 235 59B Matrimonial instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 59C Nominal duty on matrimonial instruments . . . . . . . . . . . . . . . . . . . . . . . . . . 236 59D Refund of excess duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 59E Conveyance duty exemption for educational, religious and other institutions 237 59F Listed companies and trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 60 Settlements when not to be charged as securities . . . . . . . . . . . . . . . . . . . . . 244 61 Where several instruments, 1 only to be charged with ad valorem duty. . . . 244 61A Duty upon instruments relating to variation or reconstitution of superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 61B Instrument amending a trust deed constituting a public unit trust scheme . . 245 62 Agreement for lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 63 Leases, how to be charged in respect of produce etc. . . . . . . . . . . . . . . . . . . 248 64 Directions as to duty in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 64A Provisions affecting the term of leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 64B Provisions affecting the payment of duty on leases . . . . . . . . . . . . . . . . . . . 251 64C Refund of duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 64D Licence to occupy premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252

7 Stamp Act 1894 65 Meaning of “mortgage”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 66 Agreement to grant mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 66A Caveats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 67 Directions as to duty in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 67A Loan application or offer to be dutiable in certain circumstances. . . . . . . . . 258 68 Security for future advances, how to be charged. . . . . . . . . . . . . . . . . . . . . . 260 68AA Security of third party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 68A Trust deed in respect of debentures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 68B Prescribed short-term debenture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 68C No duty on ﬁnancial corporation debentures . . . . . . . . . . . . . . . . . . . . . . . . 265 69 Commutation of duty on debentures etc. of local bodies . . . . . . . . . . . . . . . 266 69A Securities for loans to or debts of educational, charitable or religious bodies 267 69B Restriction on exemption on instruments securing advances to certain boards and cooperatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 69C Purpose and application of exempting provisions. . . . . . . . . . . . . . . . . . . . . 269 69D Deﬁnitions for exempting provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 69E Meaning of “ﬁrst home” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 59F Meaning of “home borrower” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 69G Meaning of “home reﬁnance borrower” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 69H Meaning of “home reﬁnance mortgage” and “previous mortgage” . . . . . . . 271 69I Limited exemptions for certain owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 69J Failure to meet exemption criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 69L Duty chargeable on certain home reﬁnance mortgages. . . . . . . . . . . . . . . . . 273 69M More than 1 instrument for home mortgage or home reﬁnance mortgage . . 273 70 Ex-Queensland securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 71 Securities over certain shares and units. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 72 Exemptions for charitable institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 72A De facto relationship instruments exempt from duty . . . . . . . . . . . . . . . . . . 280 73 Licences to sell stamps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 74 Stamps to be provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 75 Allowance in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 76 Alternative to prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 78 Recovery of penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284

8 Stamp Act 1894 78A Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 78B Service of documents on the commissioner . . . . . . . . . . . . . . . . . . . . . . . . . 287 80 Amendment of assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287 80A General provision about refunding stamp duty . . . . . . . . . . . . . . . . . . . . . . . 289 81 Certain contracts etc. void against the commissioner . . . . . . . . . . . . . . . . . . 290 82 Reference to repealed sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 82A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 83 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 83A Commissioner’s requirements in respect of information etc. . . . . . . . . . . . . 292 83B Interest on duty delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292 84 Undertaking by exempt persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 85 Declaration about certain provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294 88 Duty not payable on Suncorp Metway notes. . . . . . . . . . . . . . . . . . . . . . . . . 294 89 Validation of certain exemptions from duty for applications involving registration of motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 90 Transitional provisions for the conversion of prescribed interests . . . . . . . . 295 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 298 STAMP DUTIES ON INSTRUMENTS SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 344 DICTIONARY ATTACHMENT . . . . . . . . . . . . . . . . . . . . . . . 352 DEFINITIONS IN CORPORATIONS LAW ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 354 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365

9 Stamp Act 1894 8 List of forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388 9 Provisions that have not commenced and are not incorporated into reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390

s 1 11 s 2AB Stamp Act 1894 STAMP ACT 1894 [as amended by all amendments that commenced on or before 31 July 2001] An Act about the assessment and payment of stamp duties 1 Short title This Act may be cited as the Stamp Act 1894 . 2 Deﬁnitions The dictionary in schedule 2 deﬁnes particular words used in this Act. 2AA Attachment (1) The attachment to this Act contains definitions of words that have the same meaning in this Act as they have in the Corporations Act. (2) The attachment is not part of this Act. (3) The attachment must be revised so that it is an accurate copy of the definitions as amended from time to time. (4) The revision must happen in the first reprint of this Act after an amendment of any of the definitions. 2AB Effect of stamping duplicate instruments (1) Where an instrument is charged with duty under this Act and duty has been paid and stamped on— (a) in the case where that instrument is the original instrument—a duplicate or a copy or a representation thereof; or (b) the original of that instrument; or (c) in respect of the original of that instrument—a duplicate or a copy or a representation thereof; or

s 2A 12 s 2A Stamp Act 1894 (d) in respect of a duplicate of that instrument—a copy or a representation thereof; or (e) in respect of a copy of the original or a duplicate thereof or of that instrument—a representation thereof; that instrument is to be taken to be stamped to the extent that other instrument has been so stamped and obligations under this Act in respect of that ﬁrstmentioned instrument are to be taken to have been complied with to the extent that they have been complied with in respect of that other instrument. (2) Where the commissioner is unable to ascertain whether or not an instrument— (a) is the original instrument; or (b) is of a particular kind referred to in the deﬁnition “instrument”; the commissioner may determine these matters on the basis of the information known to the commissioner and, unless the contrary is proven, these matters are in the relevant case to be taken to be as the commissioner so determines. 2A Meaning of “full unencumbered value” (1) Subject to subsections (2) to (10), in this Act— “full unencumbered value” , in respect of property, means the full value of the property without regard to any encumbrance to which the property is subject, whether certainly or contingently. (2) Where property is held or is to be held pursuant to a trust, other than a public unit trust scheme (in this section “trust property” )— “full unencumbered value” means the full unencumbered value of the trust property held or to be held by the trustee for the trust, without regard to the debts or liabilities of the trustee of the trust. (3) Where property is an estate or interest in trust property (other than a marketable security or right in respect of shares)— “full value” means the value of that proportion of the full unencumbered value of the trust property that the property which is the estate or interest in the trust property bears to the aggregate of the estates or interests which comprise all of the estates or interests in the trust property.

s 2A 13 s 2A Stamp Act 1894 (4) In calculating the full unencumbered value of trust property which comprises or includes an estate or interest in other trust property, the value of that estate or interest shall be the full unencumbered value of that estate or interest calculated in accordance with this section and the value of the other trust property shall be the full unencumbered value of the trust property that is the other trust property calculated in accordance with this section. (5) Where property represents an interest in a partnership held by or acquired by a person (in this section “partnership interest” )— “full unencumbered value” means— (a) the amount which bears to the full unencumbered value of all of the property of the partnership to which the partnership interest relates (in this section “partnership property” ) without regard to the debts and liabilities of the partnership, the same proportion as the proﬁt-sharing proportion attaching to the partnership interest expressed as a fraction bears to 1; or (b) the consideration (if any) given for the acquisition or in respect of the transaction relating to the partnership interest; or (c) the total capital amount represented by the partnership interest; whichever is the greatest. (6) In determining the profit-sharing proportion for the purposes of subsection (5), definition “full unencumbered value”, paragraph (a), adjustments as agreed between the parties in respect of interest on capital and compensation for partners engaged in personal exertion for the partnership may, at the discretion of the commissioner, be disregarded and where the profit-sharing proportion can not be presently determined from the partnership agreement the proportion shall be that provided for by the Partnership Act 1891 . (7) For the purposes of subsection (5), definition “full unencumbered value”, paragraph (b), the commissioner may in the commissioner’s discretion, in calculating the value of the consideration, disregard the partnership debts and liabilities. (8) For the purposes of subsection (5), definition “full unencumbered value”, paragraph (c), the total capital amount represented by the partnership interest shall include all proprietorship of property and assets, by whatever name called, attaching to the partnership interest and in calculating the total capital amount, the commissioner shall take into

s 2B 14 s 2B Stamp Act 1894 account, whether as additions to or subtractions from the total capital amount, as the case requires, capital, drawings, advances and loans. (9) Where for the purposes of determining the full unencumbered value of any property (other than any stock, marketable security or right in respect of shares) it is necessary to determine the value of any trust property or an estate or interest in trust property or a partnership interest, the value of that trust property, estate or interest in trust property or partnership interest shall (except where its value is being determined for the purpose of determining the value of any stock, marketable security or right in respect of shares) be the full unencumbered value of that property, estate, interest or partnership interest calculated in accordance with this section. (10) Where for the purpose of calculating duty it is necessary to calculate the full unencumbered value of property to the extent that it is located in Queensland, only trust property (or, as the case may be, partnership property) located in Queensland, shall be included in that calculation and where the trust property (or, as the case may be, partnership property) consists wholly or in part of a business— (a) that is conducted on or from any place in Queensland; or (b) the conduct of which consists wholly or partly of offering to supply land or any interest therein, money, credit or goods or any interest therein or to render any service, by way of offers directed to persons (generally as a class or individually) ordinarily resident in Queensland; only the business to the extent that it is carried on in Queensland shall be included in that calculation and, should the case require it, a true apportionment shall be made of the value of all of the trust property (or, as the case may be, partnership property) which is located both in and outside Queensland. 2B Special directions where property comprises certain shares (1) For the purposes of this Act, a reference to property in Queensland includes shares in a company of the kind to which section 56C applies, and where, for the purposes of calculating duty, it is necessary to determine the full unencumbered value of those shares that value shall be deemed to be the value that they would have under section 56C if they were disposed of. (2) For the purposes of this Act— (a) a reference to property in Queensland; and

s 2C 15 s 2C Stamp Act 1894 (b) a reference in section 54AB to real property in Queensland or land in Queensland held under a lease from the Crown; includes shares in a corporation to which the prescribed provisions, as deﬁned in section 56F, apply, where the owner of those shares, if the owner and all persons related to the owner in the terms of section 56FA(3) were to newly acquire all of the shares in the corporation which he, she or they own, would have made a relevant acquisition, as deﬁned in section 56FM, and where, for the purposes of calculating duty, it is necessary to determine the full unencumbered value of those shares, that value shall be deemed to be the value that is equal to— (c) the amount which bears to the full unencumbered value of land in Queensland to which the corporation is entitled, as provided in section 56FK(4), at the relevant time, the same proportion as the value of the property of the corporation to which the shares would entitle the holder, if the corporation were wound-up at that time, bears to the value of all of the distributable property of the corporation if the corporation were wound-up at that time; or (d) the value of those shares on which duty would otherwise be calculated if they were transferred; whichever is the greater. (3) Subsection (2) does not apply to shares in a corporation that were acquired before the commencement of the Stamp Act Amendment Act 1988 , section 1. 2C Mining claims, leases etc. (1) In this Act property, land and real property includes— (a) mining claims; and (b) mineral development licences; and (c) mining leases; as deﬁned in the Mineral Resources Act 1989 . (2) For the purposes of this Act, property, land or real property which comprises or includes a claim, licence or lease referred to in subsection (1), is to that extent to be taken to be situated where the land to which that claim, licence or lease relates is situated.

s 3 16 s 4 Stamp Act 1894 3 Administration The Minister shall be charged with the administration of this Act and the chief control of all matters relating to the imposition of stamp duties. 4 Charge of duties (1) Stamp duties shall be charged for the use of Her Majesty upon the several instruments specified for the time being in schedule 1. (1A) Subject to the exemptions contained in this or any other Act— (a) such duties shall be the several duties for the time being speciﬁed in schedule 1; and (b) such duties shall be levied and collected by the ofﬁcers speciﬁed in this Act. (2) Save where the contrary is expressed in this Act, an instrument shall be chargeable with duty and shall be stamped in accordance with the law in force at the time— (a) in the case of an instrument which relates to property situated or to any matter or thing done or to be done in Queensland— (i) where the instrument (or, if the instrument is a document that is not executed, the original thereof) is executed outside Queensland before the commencement of the Stamp Act andAnotherActAmendmentAct1982 —when the instrument (or, as the case may be, the document) was ﬁrst brought (whether before or after that commencement) into Queensland; (ii) where the instrument (or, if the instrument is a document that is not executed, the original thereof) is executed outside Queensland after the commencement of the Stamp Act andAnotherActAmendmentAct1982 —when the instrument (or, as the case may be, the original) was executed; (b) in the case of an instrument (or, if the instrument is a document that is not executed, the original thereof) executed in Queensland—when the instrument (or, as the case may be, the original) was executed. (3) If, in any case, the commissioner is unable to ascertain the date when an instrument or the original of a document was executed the commissioner may determine that it was executed on a date which in the

s 4 17 s 4 Stamp Act 1894 circumstances known to the commissioner it could be expected that the instrument or the original had been executed whereupon, unless the contrary is proved, that date shall be deemed for the purposes of this section and section 26 to be the date of execution of that instrument or, as the case may be, the original of that document. (4) Subject to subsections (7) and (8) and for the purposes of this Act, where an instrument or transaction relates to a trust or to property the subject of a trust or any estate or interest in a trust or any right, obligation or power in respect of a trust and that trust— (a) whatever law may be applicable to that trust; (b) wherever the trust deed may be located or executed; (c) wherever the trustee is registered or resides; (d) where the trustee is a corporation—wherever that trustee’s governing body may be situated; relates or is to relate, directly or indirectly, to property in Queensland or provides, directly or indirectly, for any matter or thing done or to be done in Queensland, it shall be deemed that— (e) the law of Queensland is applicable to that trust; and (f) the trust deed is located in and was executed in Queensland; and (g) the trustee is a Queensland company or resides in Queensland; and (h) where the trustee is a corporation—the governing body of the trustee is situated in Queensland. (5) Subject to subsection (8) and for the purposes of this Act, where— (a) an instrument relates to a right, obligation, matter or thing arising from or in respect of a second instrument or a transaction (in this subsection the “second transaction” ) which gives rise to a liability to create a dutiable statement under this Act; or (b) a transaction (which would, if it related to property in Queensland or any matter or thing done or to be done in Queensland, give rise to a liability to create a dutiable statement under this Act) relates to a right, obligation, matter or thing arising from or in respect of a second transaction which gives rise to such liability or an instrument (in this subsection the “second instrument” );

s 4 18 s 4 Stamp Act 1894 and the second instrument, wherever executed, or second transaction, wherever it took place or is to take place or was entered into, relates or is to relate, directly or indirectly, to property in Queensland or any matter or thing to be done in Queensland, the right, obligation, matter or thing arising from or in respect of the second instrument or second transaction is deemed, as the case may require, to have been, to be or in the future to be located, performed, done, enforced, administered or undertaken in Queensland. (6) For the purposes of this section, a trust, an instrument or a transaction is deemed to relate to property in Queensland where it relates to rights, obligations, matters or things arising from an instrument or a transaction which relates to property in Queensland and in determining whether the secondmentioned instrument or transaction relates to property in Queensland the secondmentioned instrument or transaction shall be deemed to relate to property in Queensland where it would, if it were the firstmentioned instrument or transaction, be deemed to relate to property in Queensland under this subsection. (7) For the purposes of subsection (4), a reference to a trust that relates to property in Queensland is deemed to include a reference to a trust the trustee of which on behalf of the trust owns an interest (vested or contingent) in property in Queensland through the trustee’s interest in another trust and in determining whether that trustee through the trustee’s interest in that other trust has an interest in property in Queensland that other trust shall be deemed to relate to property in Queensland where it would, if it were the firstmentioned trust, be deemed to relate to property in Queensland under this subsection. (8) Where the commissioner is of the opinion that the connection between a trust, an instrument or a transaction, directly or indirectly, and property in Queensland or any matter or thing done or to be done in Queensland is inconsiderable, subsections (4) and (5) shall not apply. (9) Where the commissioner is satisfied— (a) that duty is chargeable under this Act on an instrument or in respect of a transaction by virtue of the operation of subsection (4) or (5) or section 2B; and (b) that ad valorem duty is payable and has or will be paid on the instrument or in respect of the transaction in any other State or a Territory; the commissioner may in the commissioner’s discretion, having regard to the matters speciﬁed in subsection (8), allow against the duty chargeable on

s 4A 19 s 4B Stamp Act 1894 the instrument or in respect of the transaction under this Act an offset of the duty paid or payable in the other State or Territory. 4A Restriction on effect of unstamped instruments (1) An instrument chargeable with stamp duty (whether under this Act or under any prior Act) shall not, except in criminal proceedings, be given in evidence, or be available for any purpose whatever, unless it is duly stamped. (2) However— (a) when any such unstamped instrument is tendered as evidence in any court in any proceeding (except criminal proceedings)—the judge, or presiding magistrate, or justice of such court may admit the same in evidence on the party producing the same in evidence or the party’s solicitor giving such security or written undertaking as may be prescribed to pay the whole or the deﬁciency of the stamp duty and any penalty that may be imposed; (b) when any copy of an instrument chargeable with stamp duty in Queensland is tendered as evidence in any court in any proceeding (except criminal proceedings)—the judge, or presiding magistrate, or justice of such court may admit the same in evidence on the party producing the same in evidence or the party’s solicitor giving such security or written undertaking as may be prescribed to produce the original or duplicate thereof and to pay the whole of the deﬁciency of the stamp duty thereon and any penalty that may be imposed. 4B Duty a debt recoverable by commissioner (1) When duty becomes payable it shall be a debt due to the Crown and payable to the commissioner in the manner and at the place prescribed. (2) Any duty unpaid at the time by which it is required to be paid under this Act may be demanded by the commissioner to be paid to the commissioner at the commissioner’s office in Brisbane and may, in any court of competent jurisdiction determined by the commissioner, be sued for and recovered by the commissioner, suing in the commissioner’s official name or by an officer engaged in the administration of this Act and authorised to sue for and recover duty on behalf of the commissioner, suing in the official name of the commissioner.

s 5 20 s 7A Stamp Act 1894 (3) For the purposes of this section and section 78A(1)— “duty” includes any duty assessed or penalty imposed and interest or other amount payable under this Act. 5 Appointment of commissioner, deputies, and other ofﬁcers The Governor in Council may from time to time appoint an ofﬁcer to be called the Commissioner of Stamp Duties, and may appoint an Assistant Commissioner of Stamp Duties and such Deputy Commissioners of Stamp Duties as may be deemed necessary. 6 Branch ofﬁces may be opened The Governor in Council may establish at any town or city in Queensland a branch of the ofﬁce of the commissioner, and may appoint a ﬁt and proper person, to be called a deputy commissioner, in any such town or city. 7 Duties and powers of assistant commissioner and deputy commissioners Subject to the commissioner, the Assistant Commissioner of Stamp Duties and each Deputy Commissioner of Stamp Duties shall have and may exercise all of the powers and perform all of the duties of the commissioner under this Act. 7A Delegation (1) The commissioner may delegate all or any of the commissioner’s powers and duties under this Act, except this power of delegation or the commissioner’s power to issue a certificate under section 78A(4A), to a specified officer or specified class of officer engaged in the administration of this Act and may make such number of delegations of the same power or duty concurrently as the commissioner considers appropriate. (2) A power or duty delegated under this section may be exercised or performed by the delegate in accordance with the delegation and when exercised or performed shall be deemed, for the purposes of this Act, to have been exercised or performed by the commissioner.

s 7B 21 Stamp Act 1894 s 10 (3) A delegation made under this section is revocable at the commissioner’s will and does not derogate from the commissioner’s power to act personally in a matter. (4) A person purporting to exercise a power or to perform a duty pursuant to a delegation given under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with a delegation made under this section. (5) A delegation under this section may be made or given subject to such conditions or such limitations as to the exercise or performance of any of the powers or duties delegated, or as to time or circumstances. 7B Commissioner’s opinion Where the exercise or performance by the commissioner of a power or duty under this Act or the operation of a provision of this Act is dependent upon the opinion, belief, or state of mind of the commissioner in relation to a matter, that power or duty may be exercised or performed by the Assistant Commissioner of Stamp Duties, or by a Deputy Commissioner of Stamp Duties or another ofﬁcer acting as a delegate of the commissioner in relation to that matter, or that provision may operate, as the case may be, upon the opinion, belief, or state of mind of the assistant commissioner or such a deputy commissioner or ofﬁcer so acting. 8 Commissioner to supervise branch ofﬁces The commissioner shall supervise and direct the working and management of the branch ofﬁces to be established under this Act, and every deputy commissioner shall carry out the directions given to the deputy commissioner by the commissioner, and shall at all times supply to the commissioner such returns or other information as the commissioner may require. 10 Disclosure of information (1) Except as provided in this section and the Revenue Laws (ReciprocalPowers)Act1988 , a person shall not disclose information or publish a record obtained by that or another person in connection with the administration of this Act, unless the disclosure or publication is made— (a) with the consent (express or implied) of the person to whose affairs the information or record relates; or

s 10 22 s 10 Stamp Act 1894 (b) in connection with the administration of this Act; or (c) for the purpose of any legal proceedings (including any report thereon) arising out of this Act. Maximum penalty—100 penalty units or imprisonment for 6 months. (2) The commissioner may, if the commissioner is of the opinion that it is necessary to do so for the purpose of enforcing a law which is designed to protect the public revenue, disclose information or publish a record referred to in subsection (1) to such persons as necessary for the purpose of enforcing that law so as to enable those persons to exercise or perform a power or duty conferred or imposed on those persons by law. (3) A person shall not disclose information or publish a record communicated to the person under subsection (2) unless the disclosure or publication— (a) is made with the consent of the commissioner; and (b) is to enable a person to exercise or perform, for a purpose referred to in subsection (2), a power or duty conferred or imposed on the person by law. Maximum penalty—100 penalty units or imprisonment for 6 months. (4) Neither the commissioner nor an officer engaged in the administration of this Act nor a person authorised by the commissioner to represent him or her shall be required to produce in court any return, declaration, valuation, statement, requisition, assessment, notice or any other document or disclose to a court the fact that he or she has received any information or the nature thereof or the name of the person who gave such information or any matter or thing coming under his or her notice in the performance of his or her duties under this Act, except when it is necessary to do so for the purposes of the administration of this Act. (5) Subsection (1) does not apply to information or a record obtained for the purposes of this Act under a corresponding law within the meaning of the Revenue Laws (Reciprocal Powers) Act 1988 . (6) Subject to subsection (5), this section applies to information and records obtained (whether before or after the commencement of the StampActAmendmentAct1988 , section 1) by a person in connection with the administration of this Act.

s 13 23 s 13A Stamp Act 1894 13 All duties to be paid according to this Act All stamp duties for the time being chargeable by law upon any instruments are to be paid and denoted according to this Act, and are to be denoted by impressed stamps only except where a provision of this Act or of any regulation expressly provides for denoting the same otherwise than by impressed stamps. 13A Duty accounted for by returns (1) In this section— “approved person” means a person or firm approved of or required by the commissioner in writing to account for stamp duty on instruments according to this section during such time as the approval of or requirement by the commissioner remains in force. (1A) In this section— “ﬁrm” means an unincorporated body of persons. (1B) In this section (other than subsection (1C)) a reference to a person includes a reference to a firm. (1C) If a firm is an approved person, each member of the firm at the relevant time— (a) must ensure that every obligation of the approved person under this Act is duly performed; and (b) is jointly and severally liable to pay any amount required to be paid by the approved person under this Act. (1D) It is a defence to a prosecution for an offence against this Act constituted by a contravention of subsection (1C)(a) if the member concerned proves that— (a) the contravention happened without the member’s knowledge or connivance; and (b) the member took all reasonable steps necessary to ensure that the obligation concerned was duly performed. (2) Notwithstanding any other provision of this Act to the contrary, this section applies to the accounting for stamp duty on instruments by return to the commissioner. (3) The commissioner may by notice in writing—

s 13A 24 Stamp Act 1894 s 13A (a) approve of or refuse a request by a person to pay and account for stamp duty in respect of an instrument or class of instrument in accordance with this section; or (b) require a person to pay and account for stamp duty in accordance with this section on any instrument or class of instrument. (4) For the purpose of determining whether it is necessary or desirable that a person be approved or required to account for stamp duty on instruments in accordance with this section, the commissioner may require that person to furnish copies or abstracts of any instrument or instrument of any class the commissioner may specify and information regarding that instrument executed by or in favour of that person or which the person regularly receives or acts on in the course of the person’s business. (5) The commissioner shall give notice in writing to each approved person of— (a) the date on which the relevant approval or requirement under subsection (3) comes into force; and (b) the instruments or class of instruments to which the relevant approval or requirement of the commissioner relates; and (c) the records to be maintained by the approved person of instruments to which the approval or the requirement of the commissioner relates and to be made available for inspection by the commissioner and the period for which those records are to be retained and made available for inspection; and (d) the endorsements to be made on instruments to which the approval or requirement of the commissioner relates. (6) Each approved person shall— (a) lodge a return in respect of instruments to which the approval or requirement of the commissioner relates in respect of the periods, in the form, veriﬁed in the manner, containing the particulars and at the time as may be notiﬁed to that person in writing by the commissioner; and (b) pay to the commissioner, at the time of lodgment of the return, as stamp duty an amount equal to the total amount of stamp duty that would but for this section have been payable in respect of all instruments to which the return relates. (7) Where stamp duty that would but for this section have been payable on an instrument depends on the commissioner’s opinion, belief or state of

s 13A 25 Stamp Act 1894 s 13A mind in respect of a matter, the approved person may (in calculating the amount of duty which the approved person is required to pay on the return under subsection (6) in respect of any such instrument) have regard to the commissioner’s instructions as to his or her opinion, belief or state of mind in that regard in respect of that instrument or class of instrument. (8) Each approved person may, in addition to the requirements of subsection (6), be required to include in returns lodged by the approved person under this section such information, as may be prescribed by regulation, regarding the stamp duty or the instruments or relating to the instruments or matters in respect of the transactions contained in the instruments to which the return relates. (9) Each approved person shall endorse on each instrument or instrument of a class to which the approval or requirement of the commissioner relates the words ‘Queensland stamp duty paid’ together with such other words, expressions or particulars (or any 1 or more of them) as may be notified to the approved person in writing by the commissioner. (10) Notwithstanding any other section of this Act to the contrary, an instrument endorsed in accordance with subsection (9) shall be deemed to be duly stamped. (11) Compliance by an approved person with the requirements of the commissioner under this section concerning instruments to which section 68(3) and (3A) would otherwise apply shall be sufficient compliance with that section. (12) An approved person who fails to comply with this section or who submits a return which is false in any material particular commits an offence against this Act. Maximum penalty—50 penalty units and where the offence relates to a return required to be lodged under subsection (6), an amount equal to twice the duty payable on the return required to be lodged under that subsection. (13) Notwithstanding subsection (12)— (a) where a person fails to lodge a return as required by this section; or (b) where the stamp duty on a return lodged under this section has not been paid or fully paid within the time required by this section;

s 14 26 s 14 Stamp Act 1894 the commissioner, or an ofﬁcer authorised by the commissioner, may demand and receive by way of penalty such amount as the commissioner considers appropriate (being not less than $10 nor more than the maximum penalty which would be recoverable pursuant to proceedings under subsection (12)). (14) A person who— (a) endorses on an instrument any notation indicating or implying that the instrument is duly stamped under this section; and (b) is not an approved person or an agent or employee of an approved person acting in pursuance of subsection (9); commits an offence against this Act. Maximum penalty—100 penalty units and an amount equal to twice the duty payable on that instrument. (15) The commissioner may, by notice in writing, cancel the commissioner’s approval or requirement applying to an approved person under this section on application by the approved person or for any reason the commissioner considers sufficient and shall specify in such notice the date on and from which the approval or requirement ceases to be in force. (16) A payment by an approved person of duty in respect of an instrument under this section shall (where the approved person is not a party to the instrument) be deemed to be a payment on behalf of the parties to that instrument and may be deducted by the approved person from any money payable to those parties by the approved person or recovered from the parties in any court of competent jurisdiction as a debt due and owing to the approved person. (17) The commissioner may approve a Commonwealth or State government department as an approved person, but may not require such a department to become an approved person. (18) For the purposes of sections 55A and 80, an instrument in relation to which duty has been paid under this section is taken to be— (a) assessed with that amount of duty; and (b) an instrument on which that amount of duty has been paid. 14 How instruments are to be written and stamped (1) Every instrument written upon stamped material is to be written in such manner, and every instrument partly or wholly written before being

s 15 27 s 16 Stamp Act 1894 stamped is to be so stamped, that the stamp may appear on the face of the instrument, and can not be used for or applied to any other instrument written upon the same piece of material. (2) If more than 1 instrument is written upon the same piece of material, every 1 of the instruments is to be separately and distinctly stamped with the duty with which it is chargeable. 15 Instruments to be separately charged with duty in certain cases Except where express provision to the contrary is made by this or any other Act— (a) an instrument containing or relating to several distinct matters is to be separately and distinctly charged as if it were a separate instrument, with duty in respect of each of the matters; (b) an instrument made for any consideration in respect whereof it is chargeable with ad valorem duty, and also for any further or other valuable consideration or considerations, is to be separately and distinctly charged as if it were a separate instrument, with duty in respect of each of the considerations. 16 Facts and circumstances affecting duty to be disclosed (1) A person who— (a) being a party to an instrument or acting on behalf of a party to an instrument, if the instrument does not specify all the facts and circumstances affecting the liability of the instrument to duty or the amount of the duty with which it is chargeable, lodges the instrument pursuant to section 26 for assessment and does not, at the time of lodgment of the instrument lodge a statutory declaration declaring those facts and circumstances; or (b) being a party to an instrument— (i) does not lodge the instrument pursuant to section 26; and (ii) does not, where the instrument comes into the possession of the commissioner, a deputy commissioner or an investigating ofﬁcer, produce within 21 days of a request by the commissioner a statutory declaration disclosing all the facts and circumstances affecting the liability of the

s 16 28 s 16 Stamp Act 1894 instrument to duty or affecting the amount of the duty with which it is chargeable; or (c) in respect of the facts and circumstances affecting the liability of an instrument to duty or the amount of the duty with which it is chargeable—makes, signs or is concerned in the preparation of a statutory declaration or instrument which is false or misleading in a material particular; commits an offence against this Act. Maximum penalty—100 penalty units and an amount equal to twice the difference between— (a) the amount of duty that would have been payable on the instrument if all the facts and circumstances affecting the liability of the instrument to duty or the amount of the duty with which it is chargeable had been set forth therein; and (b) the amount of duty which was required to be paid in reliance on the facts and circumstances set out in the instrument and supporting declaration (if any) which was or were relied on or which would have been required to have been paid if it or they had been relied on. (2) A statutory declaration furnished in satisfaction of subsection (1), may, at the discretion of the commissioner, be read with the instrument and taken into account in determining the liability of the instrument to duty as if the facts and circumstances disclosed in the statutory declaration were set forth in the instrument. (3) Where a body corporate commits an offence under subsection (1), each of the chairperson of directors, managing director or other governing officer, by whatever name called, and every member of the governing body, by whatever name called, shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly. (4) Subsection (3) applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for such an offence committed by it. (5) It is a defence to a charge of an offence against this section brought against a person specified in subsection (3) to prove that the offence was committed without that person’s knowledge or connivance and that the person could not by due diligence have prevented the commission of the offence.

s 17 29 s 17 Stamp Act 1894 (6) Payment by a person of a penalty incurred under this section shall not relieve that person from the payment of duty or any other penalties incurred under this Act. (7) In any legal proceedings for an offence under this section an averment concerning an instrument made by or on behalf of the commissioner— (a) that a person lodged the instrument or made a statutory declaration in respect of the instrument; and (b) that the instrument or supporting statutory declaration does not contain the full facts and circumstances affecting the liability of the instrument to duty or the amount of duty to which it is chargeable; shall be prima facie evidence of the matters averred. (8) It shall be a defence to a charge of an offence against subsection (1) for a person to prove that the fact or circumstance giving rise to the complaint was not within the person’s knowledge after all inquiries which ought reasonably to have been made by the person for the purpose of ensuring compliance with the section were made or would not have come within the person’s knowledge if all those inquiries had been made. (9) This section shall not affect any of the provisions of the Criminal Code. (10) However, a person shall not be liable to be proceeded against and punished both under this section and under the Criminal Code. 17 Mode of calculating ad valorem duty in certain cases (1) Where an instrument is chargeable with ad valorem duty in respect of— (a) any money in any currency other than that of the Commonwealth; or (b) any stock, marketable security or right in respect of shares; the duty shall be calculated on the value on the day of the date of the instrument of the money in currency of the Commonwealth, according to the rate of exchange obtainable on that day from a bank in Queensland as chosen by the commissioner or, if such rate is not so obtainable from any bank in Queensland on that day then according to the rate of exchange obtainable on the last preceding day on which such rate was so obtainable

s 18 30 s 20 Stamp Act 1894 in Queensland, or of the stock, security or right according to the average price thereof. (2) Where an instrument contains a statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with that statement, it is, so far as regards the subject matter of the statement, to be deemed duly stamped, unless or until it is shown that the statement is untrue, and that the instrument is in fact insufficiently stamped. 18 General direction as to the cancellation of adhesive stamps (1) An instrument the duty upon which is required or permitted by law to be denoted by an adhesive stamp is not to be deemed duly stamped with an adhesive stamp unless the person required by law to cancel the adhesive stamp cancels the same by writing on or across the stamp the person’s name or initials, or the name or initials of the person’s firm, together with the true date of his or her so writing, or unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time. (1A) Notwithstanding any other section of this Act to the contrary, the person who affixes adhesive stamps pursuant to subsection (1) shall, in the manner provided in that subsection, cancel those stamps. (2) Where 2 or more adhesive stamps are used to denote the stamp duty upon an instrument, each or every stamp is to be cancelled in the manner aforesaid. (3) Every person who, being required by law to cancel an adhesive stamp, neglects or refuses duly and effectually to do so in the manner aforesaid, shall incur a penalty not exceeding $20. 20 Appropriated stamps (1) A stamp which by any word or words on the face of it is appropriated to any particular description of instrument is not to be used, or if used is not to be available, for an instrument of any other description. (2) An instrument falling under the particular description to which any stamp is so appropriated as aforesaid is not to be deemed duly stamped unless it is stamped with the stamp so appropriated.

s 21 31 s 22 Stamp Act 1894 21 Denoting stamps Where the duty with which an instrument is chargeable depends in any manner upon the duty paid upon another instrument, the payment of the lastmentioned duty shall, upon application to the commissioner and production of both the instruments, be denoted upon the ﬁrstmentioned instrument in such manner as the commissioner thinks ﬁt. 22 Assessment of duty by commissioner (1) Where an instrument— (a) has come into the possession of the commissioner, a deputy commissioner or an investigating ofﬁcer; or (b) has been lodged pursuant to section 26(3); or (c) has been lodged for the commissioner to determine whether or not, in the commissioner’s opinion, it is chargeable with duty; the commissioner may require an abstract of the instrument and such evidence as the commissioner considers necessary to show to the commissioner’s satisfaction whether all the facts and circumstances affecting the liability of the instrument to duty, or the amount of duty chargeable thereon, are fully and truly set forth therein. (2) Where the commissioner is of the opinion that an instrument— (a) is not chargeable with any duty—it is to be stamped with a particular stamp denoting that it is not chargeable with duty; (b) is chargeable with duty—the commissioner is to assess the duty with which, in the commissioner’s opinion, it is chargeable. (2A) Where the instrument is an instrument which has been lodged and subsequently stamped in the manner described in subsection (2)(a), it is not to be released to the person who lodged the instrument until the prescribed fee is paid. (3) The commissioner may waive the prescribed fee payable under subsection (2) where the commissioner considers it appropriate in view of the nature of the instrument and the circumstances of its lodgment. (4) Where in respect of a duplicate or a copy of an instrument the commissioner is satisfied that the instrument represented by that duplicate or copy has been duly stamped, the commissioner may, on request, denote that duplicate or copy in respect of that stamping and subsection (2A) is not to apply.

s 22 32 s 22 Stamp Act 1894 (5) Every instrument stamped with the particular stamp, denoting either that it is not chargeable with any duty or is duly stamped, shall be admissible in evidence and available for all purposes, notwithstanding any objection relating to duty. (6) However— (a) an instrument upon which the duty has been assessed by the commissioner shall not, if it is unstamped or insufﬁciently stamped, be stamped otherwise than in accordance with the assessment; (b) nothing in this section shall extend to any instrument chargeable with ad valorem duty and made as a security for money or stock without limit, or shall authorise the stamping after the execution thereof of any instrument which by law can not be stamped after execution. (7) A stamp duty assessment may be notified— (a) by post; or (b) by delivery; or (c) by facsimile transmission; or (d) by endorsement of the assessment on, or attachment of the assessment to, the approved form. (8) Subsection (7)(c) applies if— (a) a person requests notiﬁcation in that way; and (b) the person nominates a facsimile number for the notiﬁcation of stamp duty assessments either generally or in relation to a particular assessment. (9) If a stamp duty assessment is notified by facsimile transmission, the commissioner must record the day on which, and the number to which, notification of the assessment is transmitted. (10) A stamp duty assessment notified by facsimile transmission is taken to be notified on the day recorded by the commissioner, unless the contrary is proved. (11) Subsection (7)(d) applies only to an instrument that is lodged for the purpose of stamp duty assessment. (12) Notification of a stamp duty assessment under subsection (7)(d)—

s 22AA 33 Stamp Act 1894 s 22A (a) is given on the day the person lodging the instrument has notice of the assessment; or (b) is taken to have been given on the day 7 days after the assessment was endorsed on or attached to the approved form; whichever is earlier. (13) Subsection (12)(b) does not apply if— (a) the approved form is not available for inspection at the ofﬁce at which it was presented at any time during ofﬁce hours for 30 days after the day mentioned in subsection (12)(b); or (b) the person who lodged the instrument requested notiﬁcation of the stamp duty assessment in a way mentioned in subsection (7)(a), (b) or (c). (14) In this section— “notiﬁed” means— (a) in the case of an instrument that is lodged for the purpose of stamp duty assessment—notiﬁed to the person who lodged the instrument or a party to the instrument; or (b) in the case of an instrument that comes into the possession of the commissioner other than by way of lodgment for the purpose of stamp duty assessment—notiﬁed to a party to the instrument. 22AA Rounding down amounts of duty etc. If an amount payable under this Act is not a multiple of 5c, the commissioner may reduce the amount to the nearest amount that is a multiple of 5c. 22A Default assessments of duty (1) Where a person fails to deliver or lodge, as and when the person is required to do so by or under this Act, a statement, return or other document on which duty is chargeable under this Act, the commissioner may assess the duty which in the commissioner’s opinion ought to be charged on the statement, return or other document that has not been delivered to or lodged with the commissioner, as if it had been delivered to or lodged with the commissioner.

s 22A 34 Stamp Act 1894 s 22A (2) Where the commissioner is not satisfied with a statement, return or other document delivered to or lodged with the commissioner and on which duty is chargeable under this Act, the commissioner may— (a) alter the statement, return or other document so that, in the commissioner’s opinion, it satisﬁes the requirements of this Act; and (b) assess the duty which in the commissioner’s opinion is chargeable under this Act on the statement, return or other document (altered by the commissioner pursuant to paragraph (a)) with which the commissioner was not satisﬁed. (3) Where a person has failed to lodge with the commissioner an instrument which is a “registrable charge” under the Corporations Act, part 2K.1, as and when required to do so by or under this Act, the commissioner may (where information in respect of that charge is communicated in writing to the commissioner or an officer engaged in the administration of this Act by an officer or authority administering a law corresponding with this Act or in pursuance of a corresponding law for the purposes of the Revenue Laws (Reciprocal Powers) Act 1988 ) assess the duty which in the commissioner’s opinion, on the basis of such information, is chargeable on the instrument that has not been lodged with the commissioner. (4) An assessment made under subsection (1), (2) or (3) shall be deemed to be an assessment in respect of an instrument and shall be subject to objection or appeal, as provided by this Act, by a person dissatisfied with that assessment. (5) Upon the making of an assessment under this section the commissioner shall cause notice in writing of the assessment and assessed amount to be given to— (a) in the case referred to in subsection (1)—the person required by or under this Act to deliver to or lodge with the commissioner the statement, return or other document to which the assessment relates; (b) in the case referred to in subsection (2)—the person who has delivered to or lodged with the commissioner the statement, return or other document to which the assessment relates; (c) in the case referred to in subsection (3)—the company over the assets of which the charge to which the assessment relates is

s 22A 35 Stamp Act 1894 s 22A taken and the chargee of the charge to which the assessment relates. (6) The assessed amount for an assessment is taken to be stamp duty charged on an instrument and payable by each person to whom notice is required by subsection (5) to be given; and section 26(9), (10) and (11) shall apply as if the assessment were an assessment duly made after lodgment of an instrument as required by section 26(3) to (17). (6A) If an assessment is made under subsection (1), (2) or (3), the commissioner or deputy commissioner may impose a penalty of— (a) if the assessment is made within 1 month (the “ﬁrst month” ) after the end of the period in which the statement, return or other document was required to be delivered or lodged—3% of the assessed amount; or (b) if the assessment is not made within the ﬁrst month—an amount equal to the sum of— (i) 3% of the assessed amount; and (ii) 2% of the assessed amount for each additional month, or part of an additional month, after the ﬁrst month, until the assessment is made. (6B) However, if the penalty calculated under subsection (6A) would be less than $10, the penalty is $10. (6C) After considering the circumstances, the commissioner may waive or reduce the penalty. (6D) If a penalty is imposed under subsection (6A) in relation to an assessment, the commissioner must give written notice to the person, or each person, to whom notice of the assessment was required to be given under subsection (5) of— (a) the imposition of the penalty; and (b) the amount of the penalty. (6E) A penalty may be imposed under subsection (6A) in relation to an assessment only if a proceeding has not been taken for an offence constituted by an act or omission for which the assessment was made. (7) Where an assessment has been made under this section, an offence against this Act in respect of a failure to deliver to or lodge with the commissioner the statement, return or other document to which the

s 23 36 s 23 Stamp Act 1894 assessment relates shall be deemed to have ceased on the date on which the commissioner makes an assessment. (8) Nothing in this section shall prevent the commissioner from proceeding for an offence against this Act in respect of— (a) a particular contained in or omitted from a statement, return or other document to which the assessment under this section relates and with which the commissioner is not satisﬁed; or (b) the failure of a person to deliver or lodge an instrument, statement, return or other document. (9) In this section— “assessed amount” means the duty the commissioner assesses under this section as the duty that ought to be charged, or is chargeable, on a statement, return or other document, but does not include any amount payable under this section by way of a penalty. 23 Commissioner may require information (1) The commissioner may, for the purpose of— (a) ascertaining whether there is any liability on a person to pay an amount or stamp duty under this Act, and if so, the amount of the liability; or (b) ascertaining whether a person is required to comply with this Act or whether the Act has been contravened or not complied with by a person in any respect; or (c) inquiring into any matter connected with the administration of this Act; by notice in writing, require a person— (d) to give information of a kind and in a form or manner speciﬁed in the notice or to produce records (or copies thereof) of a kind speciﬁed in the notice (being information or records believed to be within the knowledge, in the custody or under the control of the person) at a place and within a time speciﬁed in the notice, to the commissioner or an ofﬁcer authorised by the commissioner and speciﬁed in the notice; or (e) to attend before the commissioner or an ofﬁcer authorised by the commissioner and speciﬁed in the notice at a time and place speciﬁed in the notice and there to give information and to

s 23A 37 Stamp Act 1894 s 23A produce records of a kind speciﬁed in the notice (being information or records believed to be within the knowledge, in the custody or under the control of the person) and to answer questions or to do all or any of those things. (2) The commissioner or an officer authorised by the commissioner pursuant to subsection (1) may require information sought under this section to be given, verbally on oath or in writing by statutory declaration, as the case may be, and for that purpose the commissioner, that officer or any justice may administer an oath or take a declaration. (3) The commissioner or an officer authorised by the commissioner pursuant to subsection (1) may cause to be made copies of or extracts from the whole or part of the information or records produced in accordance with subsection (1). (4) A notice pursuant to subsection (1) which requires a person to give information to, to attend before or to produce records to an officer authorised by the commissioner pursuant to subsection (1) may specify that officer by name or by the office that the officer holds. (5) Notwithstanding that a notice issued pursuant to subsection (1) requires a person to give information to, to attend before or to produce records to an officer whose name or office is specified in the notice, the commissioner may at any time (without notice to the person to whom the notice was given) authorise another officer for that purpose to exercise any power or perform any duty that the other officer would be able to exercise or perform if the other officer were authorised pursuant to subsection (1). (6) The regulations may prescribe scales of expenses to be allowed to persons whose attendance is required under this section. 23A Offence not to comply with s 23 (1) A person who fails to comply with a requirement made of the person under section 23(1) commits an offence against this Act. Maximum penalty—40 penalty units. (2) A person shall not be convicted of an offence defined in subsection (1), if the court hearing the charge is satisfied— (a) that the defendant could not, by the exercise of reasonable diligence, have complied with the requirement to which the charge relates; or

373 Stamp Act 1894 Use of adhesive stamps on bills and notes s 39 amd 1926 17 Geo 5 No. 10 s 14; 1956 5 Eliz 2 No. 13 s 2; 1962 No. 28 s 4; 1965 No. 46 s 4(1); 1971 No. 51 s 4; 1975 No. 65 s 9 sub 1981 No. 91 s 11 amd 1984 No. 17 s 17 om 1993 No. 51 s 20 Provisions as to stamping foreign bills and notes s 40 amd 1918 9 Geo 5 No. 11 s 6(4); 1962 No. 28 s 5; 1981 No. 91 s 12 om 1993 No. 51 s 20 Penalty for issuing, etc. unstamped bill or note s 41 amd 1926 17 Geo 5 No. 10 s 15 sub 1981 No. 91 s 13 amd 1984 No. 17 s 18 om 1993 No. 51 s 20 Irregularity in cancelling stamp not to debar bona ﬁde holder from recovery on bill or note s 41A ins 1981 No. 91 s 14 om 1984 No. 17 s 19 One bill only of a set need be stamped s 42 om 1993 No. 51 s 20 Stamp Duty on return of accounts settled s 42A ins 1970 No. 15 s 4 om 1993 No. 51 s 20 Stamp duty on credit card business s 42B ins 1975 No. 65 s 10 amd 1976 No. 30 s 3; 1985 No. 90 s 14; 1988 No. 34 s 37; 1993 No. 51 s 21; 1995 No. 58 s 4 sch 1; 1996 No. 70 s 34(12); 1999 No. 49 s 38 sch Bills of lading not to be stamped after execution s 43 amd 1918 9 Geo 5 No. 11 s 16; 1940 4 Geo 6 No. 23 s 2 om 1990 No. 40 s 23 Payment of duties on documents registered with clerk of petty sessions, warden etc. s 45 sub 1904 4 Edw 7 No. 14 s 3 amd 1995 No. 57 s 4 sch 1 Collection of duties by the chief executive (of the department in which the Land Act1994 is administered) s 45A ins 1988 No. 34 s 38 Policies executed outside Queensland s 46 amd 1918 9 Geo 5 No. 11 s 17 sub 1926 17 Geo 5 No. 10 s 16; 1988 No. 34 s 39 Policies executed in Queensland s 46A ins 1961 10 Eliz 2 No. 21 s 4 amd 1966 No. 15 s 7; 1979 No. 12 s 13; 1981 No. 11 s 23 sch sub 1988 No. 34 s 40

374 Stamp Act 1894 Risk of consequential loss or damage s 46B ins 1961 10 Eliz 2 No. 21 s 5 amd 1966 No. 15 s 8; 1979 No. 12 s 14; 1981 No. 111 s 23 sch sub 1988 No. 34 s 41 Insurance with no executed policy s 46C ins 1988 No. 34 s 42 amd 1991 No. 99 s 9; 1999 No. 13 s 43 Relief from duty where duty also chargeable in other States or Territories s 46D ins 1988 No. 34 s 42 Liability for duty on a policy and lodgment s 46E ins 1988 No. 34 s 43 Approved insurers to pay duty by return s 46F ins 1988 No. 34 s 43 amd 1990 No. 40 s 24; 1996 No. 70 s 34(1) Policy of temporary insurance s 47 amd 1918 9 Geo 5 No. 11 s 18 sub 1988 No. 34 s 44 Policies of marine insurance in sets s 47A ins 1966 No. 15 s 9 sub 1988 No. 34 s 45 Workers’ compensation insurance s 47B ins 1966 No. 15 s 10 sub 1988 No. 34 s 46 amd 1996 No. 75 s 535 sch 2 Continuous insurance s 48 prev s 48 om 1918 9 Geo 5 No. 11 s 19 pres s 48 ins 1955 4 Eliz 2 No. 44 s 3 amd 1961 10 Eliz 2 No. 21 s 6 sub 1988 No. 34 s 47 Assessment of duty where premium unascertainable s 48A ins 1918 9 Geo 5 No. 11 s 20 amd 1926 17 Geo 5 No. 10 s 17 sub 1988 No. 34 s 48; 1988 No. 100 s 4 amd 1990 No. 40 s 25; 1996 No. 75 s 535 sch 2 Increase in premium s 48B ins 1955 4 Eliz 2 No. 44 s 4 sub 1988 No. 34 s 49; 1988 No. 100 s 5 Certain insurance policies need not be produced s 48C ins 1987 No. 4 s 11 Establishment of true premium s 48D ins 1990 No. 40 s 26 Meaning of “conveyance or transfer” and provisions affecting the same s 49 amd 1918 9 Geo 5 No. 11 s 21

375 Stamp Act 1894 sub 1926 17 Geo 5 No. 10 s 18 amd 1961 10 Eliz 2 No. 21 s 7 sub 1979 No. 12 s 15 amd 1988 No. 34 s 50; 1990 No. 40 s 27; 1991 No. 97 s 3 sch 1; 1994 No. 15 s 3 sch 1 (amdt 2) (never proclaimed into force and om 1999 No. 49 s 38 sch); 1995 No. 44 s 5 Collection of duty in cases of property vested by Act or purchased under statutory power s 49A ins 1918 9 Geo 5 No. 11 s 22 amd 1926 17 Geo 5 No. 10 s 19 Nature of conveyance upon winding-up of company s 49B prev s 49B ins 1959 8 Eliz 2 No. 42 s 3 amd 1961 10 Eliz 2 No. 21 s 8 prev s 49B om 1962 No. 28 s 5 pres s 49B ins 1970 No. 15 s 5 Relief from conveyance and transfer duty upon company reconstruction or amalgamation s 49C ins 1970 No. 15 s 6 amd 1979 No. 66 s 4(1); 1980 No. 21 s 7; 1982 No. 18 s 6; 1984 No. 109 s 12; 1987 No. 4 s 12; 1999 No. 49 s 38 sch; 1999 No. 78 s 14 Duty and penalty on conveyance or transfer in certain cases s 49D ins 1985 No. 90 s 15 Duty and penalty on declaration of trust in certain cases s 49E ins 1985 No. 90 s 16 How ad valorem duty to be calculated in respect of stock, marketable securities and share rights prov hdg amd 1996 No. 70 s 31(1) s 50 amd 1918 9 Geo 5 No. 11 s 23; 1996 No. 70 s 31(2)–(5) How consideration consisting of periodical payments to be charged s 51 amd 1926 17 Geo 5 No. 10 s 20 sub 1979 No. 12 s 16 amd 1981 No. 91 s 15 Voluntary disposition to a company deemed to be a voluntary conveyance s 51A ins 1918 9 Geo 5 No. 11 s 24 Valuation of property passing under voluntary conveyance s 51B ins 1918 9 Geo 5 No. 11 s 24 Valuation in certain circumstances prov hdg sub 1984 No. 109 s 13(a) s 51C ins 1918 9 Geo 5 No. 11 s 24 amd 1926 17 Geo 5 No. 10 s 21; 1984 No. 109 s 13; 2000 No. 48 s 16 Improvements effected by transferee s 51D ins 1955 4 Eliz 2 No. 44 s 5

376 Stamp Act 1894 Minimum value of certain shares or stock s 51E ins 1988 No. 34 s 51 Directions as to duty in certain cases s 53 amd 1918 9 Geo 5 No. 11 s 25; 1926 17 Geo 5 No. 10 s 22; 1929 20 Geo 5 No. 21 s 5; 1966 No. 15 s 11; 1975 No. 65 s 11; 1981 No. 91 s 16; 1984 No. 109 s 14; 1985 No. 90 s 17; 1988 No. 34 s 52; 1994 No. 35 s 15; 1995 No. 58 s 4 sch 1 Further provisions re stock or marketable security s 53A ins 1928 19 Geo 5 No. 13 s 2(i) amd 1993 No. 32 s 3 sch 2 Calculation of value where property subject to a lease s 53B ins 1988 No. 34 s 53 Certain contracts to be chargeable as conveyances prov hdg amd 1988 No. 34 s 54(a) s 54 amd 1918 9 Geo 5 No. 11 s 26; 1926 17 Geo 5 No. 10 s 23; 1929 20 Geo 5 No. 21 s 6; 1930 21 Geo 5 No. 49 s 2; 1963 No. 35 s 2; 1965 No. 46 s 5; 1975 No. 65 s 12; 1979 No. 12 s 17; 1981 No. 91 s 17; 1982 No. 65 s 10; 1984 No. 109 s 15; 1988 No. 34 s 54(b)–(d); 1999 No. 13 s 44; 1999 No. 49 s 38 sch; 2001 No. 45 s 29 sch 3 Liability to account for duty upon transfer of business s 54A ins 1968 No. 11 s 7(2) amd 1979 No. 12 s 18; 1981 No. 91 s 18; 1982 No. 65 s 11; 1984 No. 109 s 16; 1985 No. 90 s 18; 1991 No. 99 s 10; 1995 No. 58 s 4 sch 1; 1996 No. 70 s 34(13) Duty payable where no dutiable instrument s 54AB ins 1987 No. 4 s 13 amd 1988 No. 34 s 55; 1991 No. 99 s 11; 1996 No. 70 s 34(13); 1997 No. 74 s 10; 1999 No. 49 s 38 sch Duty payable on change of beneﬁcial ownership of marketable securities and rights in respect of shares s 54AC ins 1994 No. 35 s 16 amd 1996 No. 70 s 34(7); 2000 No. 20 s 29 sch 3 Statutory business licences s 54AD ins 1995 No. 44 s 6 Water entitlements s 54AE ins 2000 No. 48 s 17 Partition or division prov hdg sub 1984 No. 109 s 17(a)(i) s 55 prev s 55 om 1918 9 Geo 5 No. 11 s 27 pres s 55 ins 1930 21 Geo 5 No. 49 s 3 amd 1979 No. 12 s 19; 1984 No. 109 s 17(a)(ii)–(b); 1990 No. 40 s 28 Duty relating to principal place of residence and ﬁrst principal place of residence prov hdg amd 1984 No. 17 s 20(a) s 55A ins 1982 No. 65 s 12

377 Stamp Act 1894 amd 1984 No. 17 s 20(b)–(f); 1988 No. 34 s 56; 1988 No. 100 s 6; 1989 No. 32 s 5; 1990 No. 40 s 29; 1993 No. 51 s 22; 1995 No. 44 s 7; 1995 No. 58 s 4 sch 1; 1996 No. 70 s 34(1); 1999 No. 49 s 25 Duty in respect of prescribed family rural properties s 55B ins 1984 No. 109 s 18 amd 1995 No. 58 s 4 sch 1; 2001 No. 45 s 29 sch 3 Transactions involving certain family businesses s 55C ins 1984 No. 109 s 18 amd 1995 No. 58 s 4 sch 1; 2001 No. 45 s 29 sch 3 Certain instruments of annuity need not be produced s 56A ins 1984 No. 109 s 19 Unit trust schemes s 56B ins 1984 No. 109 s 20 amd 1985 No. 90 s 19(1); 1988 No. 34 s 57; 1988 No. 100 s 7; 1990 No. 40 s 30; 1990 No. 99 s 3.1 sch; 1995 No. 58 s 4 sch 1; 1999 No. 13 s 45; 1999 No. 49 ss 26, 38 sch; 2000 No. 48 s 18; 2001 No. 45 s 29 sch 3 Companies involving trusts s 56C ins 1984 No. 109 s 20 amd 1985 No. 90 s 20 sub 1988 No. 34 s 58 amd 1988 No. 100 s 8; 1990 No. 99 s 3.1 sch; 2000 No. 48 s 19; 2001 No. 45 s 29 sch 3 Conveyance of land by way of security s 56D ins 1985 No. 90 s 21 Conveyance of other property by way of security s 56E ins 1985 No. 90 s 21 amd 1988 No. 34 s 59 Meaning of “prescribed provisions” s 56F ins 1988 No. 34 s 60 Interpretation s 56FA ins 1988 No. 34 s 60 amd 1990 No. 40 s 31; 1991 No. 99 s 12; 1999 No. 49 ss 27, 38 sch; 2000 No. 48 s 20; 2001 No. 45 s 29 sch 3 Lodgment of statements where trust acquires interest s 56FB ins 1988 No. 34 s 60 Valuation of property prov hdg amd 1999 No. 49 s 28(1) s 56FC ins 1988 No. 34 s 61 amd 1995 No. 57 s 4 sch 1; 1996 No. 70 s 34(12); 1999 No. 49 s 28(2)–(4); 2000 No. 48 s 21 Charge may be recorded on title s 56FD ins 1988 No. 34 s 61 amd 1994 No. 11 s 194 sch 2; 1996 No. 70 s 34(1)

378 Stamp Act 1894 Charge on land s 56FE ins 1988 No. 34 s 61 Power of sale s 56FF ins 1988 No. 34 s 62 Application of proceeds of sale s 56FG ins 1988 No. 34 s 62 amd 1994 No. 11 s 194 sch 2 When statement to be lodged s 56FH ins 1988 No. 34 s 62 amd 1991 No. 99 s 13; 1996 No. 70 s 34(1); 1999 No. 49 s 29 Corporation to lodge a statement s 56FI ins 1988 No. 34 s 63 amd 1996 No. 70 s 34(14) Subsidiary to lodge a statement s 56FJ ins 1988 No. 34 s 63 amd 1996 No. 70 s 34(1) Statement chargeable with duty s 56FK ins 1988 No. 34 s 63 amd 1991 No. 99 s 14; 1997 No. 74 s 11; 2000 No. 48 s 22 Corporations to which the prescribed provisions apply s 56FL ins 1988 No. 34 s 64 amd 1988 No. 100 s 9; 1990 No. 99 s 3.1 sch; 1997 No. 74 s 12; 2000 No. 48 s 23; 2001 No. 45 s 29 sch 3 Land or property to which corporation or subsidiary entitled s 56FLA ins 2000 No. 48 s 24 Calculating value of land or property of corporation or subsidiary s 56FLB ins 2000 No. 48 s 24 Meaning of “relevant acquisition” s 56FM ins 1988 No. 34 s 64 Meaning of “interest”, “majority interest” and “further interest” s 56FN ins 1988 No. 34 s 64 amd 1991 No. 99 s 15; 1999 No. 49 s 30 Special directions as to duty s 56FO ins 1988 No. 34 s 65 What is to be deemed a conveyance on any occasion not being a sale or mortgage s 57 amd 1926 17 Geo 5 No. 10 s 24 sub 1979 No. 12 s 20 amd 1980 No. 21 s 8; 1981 No. 91 s 19 Motor vehicles s 57A ins 1966 No. 15 s 12 amd 1985 No. 90 s 22; 1988 No. 34 s 66; 1995 No. 44 s 8; 1996 No. 70 s 34(1); 2000 No. 20 s 29 sch 3; 2000 No. 48 s 25

379 Stamp Act 1894 Banknotes to be exempt subject to annual composition s 58 om 1984 No. 17 s 21 As to settlement of policy or security s 59 amd 1926 17 Geo 5 No. 10 s 25 Matrimonial arrangements—interpretation s 59A ins 1984 No. 109 s 21 Matrimonial instruments s 59B ins 1984 No. 109 s 21 Nominal duty on matrimonial instruments s 59C ins 1984 No. 109 s 21 Refund of excess duty s 59D ins 1984 No. 109 s 21 Conveyance duty exemption for educational, religious and other institutions s 59E ins 1988 No. 34 s 67 amd 1989 No. 32 s 6; 1990 No. 40 s 32; 1999 No. 49 s 38 sch Listed companies and trusts s 59F ins 1990 No. 40 s 33 amd 1990 No. 99 s 3.1 sch; 1991 No. 99 s 16; 2001 No. 45 s 29 sch 3 Where several instruments, 1 only be charged with ad valorem duty s 61 amd 1926 17 Geo 5 No. 10 s 26; 1973 No. 64 s 9; 1981 No. 91 s 20; 1990 No. 40 s 34 Duty upon instruments relating to variation or reconstitution of superannuation schemes s 61A ins 1982 No. 65 s 13 Instrument amending a trust deed constituting a public unit trust scheme s 61B ins 1986 No. 8 s 3 amd 1990 No. 99 s 3.1 sch; 1999 No. 49 s 31; 2000 No. 48 s 26; 2001 No. 45 s 29 sch 3 Agreement for lease s 62 amd 1975 No. 65 s 13 sub 1988 No. 34 s 68 Directions as to duty in certain cases s 64 amd 1926 17 Geo 5 No. 11 s 27; 1930 21 Geo 5 No. 49 s 4; 1975 No. 65 s 14; 1979 No. 12 s 21; 1988 No. 34 s 69; 1999 No. 49 s 38 sch Provisions affecting the term of leases s 64A ins 1975 No. 65 s 15 amd 1979 No. 12 s 22; 1981 No. 91 s 21 sub 1988 No. 34 s 70 Provisions affecting the payment of duty on leases s 64B ins 1988 No. 34 s 71 amd 1996 No. 70 s 34(1)

380 Stamp Act 1894 Refund of duty s 64C ins 1988 No. 34 s 71 Licence to occupy premises s 64D ins 1995 No. 44 s 9 amd 2000 No. 48 s 27 Meaning of “mortgage” s 65 amd 1918 9 Geo 5 No. 11 s 28; 1959 8 Eliz 2 No. 42 s 4; 1986 No. 8 s 4; 1988 No. 34 s 72; 1990 No. 40 s 35 Agreement to grant mortgage s 66 prev s 66 om 1918 9 Geo 5 No. 11 s 29 pres s 66 ins 1926 17 Geo 5 No. 10 s 28 amd 1979 No. 12 s 23; 1986 No. 8 s 5; 1990 No. 40 s 36 Caveats s 66A ins 1986 No. 8 s 6 amd 1990 No. 40 s 37; 1994 No. 11 s 194 sch 2 Directions as to duty in certain cases s 67 amd 1990 No. 40 s 38 Loan application or offer to be dutiable in certain circumstances s 67A ins 1986 No. 8 s 7 amd 1990 No. 99 s 3.1 sch; 2001 No. 45 s 29 sch 3 Security for future advances, how to be charged s 68 sub 1918 9 Geo 5 No. 11 s 30 amd 1995 No. 58 s 4 sch 1 Security of third party s 68AA ins 1997 No. 43 s 20 Trust deed in respect of debentures s 68A ins 1961 10 Eliz 2 No. 21 s 9 amd 1963 No. 35 s 3; 1979 No. 12 s 24; 1984 No. 17 s 22; 1987 No. 4 s 14 Prescribed short-term debenture s 68B ins 1984 No. 17 s 23 amd 1986 No. 8 s 8; 1995 No. 58 s 4 sch 1; 2001 No. 45 s 29 sch 3 No duty on ﬁnancial corporation debentures s 68C ins 1994 No. 35 s 17 amd 2001 No. 45 s 29 sch 3 Commutation of duty on debentures etc. of local bodies s 69 prev s 69 om 1918 9 Geo 5 No. 11 s 30 pres s 69 ins 1926 17 Geo 5 No. 10 s 29 amd 1999 No. 49 s 38 sch Securities for loans to or debts of educational, charitable or religious bodies s 69A ins 1955 4 Eliz 2 No. 44 s 6 sub 1988 No. 34 s 73 amd 1990 No. 40 s 39

381 Stamp Act 1894 Restriction on exemption on instruments securing advances to certain boards and cooperatives prov hdg amd 1997 No. 39 s 472 sch 7 s 69B ins 1988 No. 34 s 74 amd 1997 No. 39 s 472 sch 7; 1999 No. 88 s 121 Purpose and application of exempting provisions s 69C ins 1996 No. 12 s 4 Deﬁnitions for exempting provisions s 69D ins 1996 No. 12 s 4 Meaning of “ﬁrst home” s 69E ins 1996 No. 12 s 4 Meaning of “home borrower” s 69F ins 1996 No. 12 s 4 Meaning of “home reﬁnance borrower” s 69G ins 1996 No. 12 s 4 Meaning of “home reﬁnance mortgage” and “previous mortgage” s 69H ins 1996 No. 12 s 4 Limited exemptions for certain owners s 69I ins 1996 No. 12 s 4 Failure to meet exemption criteria s 69J ins 1996 No. 12 s 4 Duty chargeable on certain exempt home mortgages s 69K ins 1996 No. 12 s 4 om 1997 No. 43 s 21 Duty chargeable on certain home reﬁnance mortgages s 69L ins 1996 No. 12 s 4 amd 1997 No. 43 s 22 More than 1 instrument for home mortgage or home reﬁnance mortgage s 69M ins 1996 No. 12 s 4 Ex-Queensland securities s 70 prev s 70 amd 1918 9 Geo 5 No. 11 s 31; 1958 7 Eliz 2 No. 44 s 7; 1965 No. 61 s 10 sch 1 sub 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) om 1970 No. 30 s 6 pres s 70 ins 1988 No. 34 s 74 Securities over certain shares and units s 71 prev s 71 amd 1901 1 Edw 7 No. 3 s 2; 1903 3 Edw 7 No. 2 s 2(2); 1904 4Edw 7 No. 14 s 4(2); 1918 9 Geo 5 No. 11 s 32; 1926 17 Geo 5 No. 10 s 30; 1966 No. 15 s 13 sub 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) om 1970 No. 30 s 6 pres s 71 ins 1988 No. 34 s 75 amd 2001 No. 45 s 29 sch 3

382 Stamp Act 1894 Banking transactions s 71A ins 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) Crediting of accounts s 71B ins 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) Extension of provisions relating to receipts s 71C ins 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) Receipts given to Her Majesty s 71D ins 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) Money exchanged for money s 71E ins 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) Receipts by solicitors or agents s 71F ins 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) Stamping of receipts s 71G ins 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) Payment of duty on receipts by return s 71H ins 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) Total amount not precisely ascertainable s 71I ins 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) Receipts in other instruments s 71J ins 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) Rebate of duty in certain cases s 71K ins 1970 No. 15 s 7 (never proclaimed into force and om 1970 No. 30 s 4(b)) Exemptions for charitable institutions s 72 orig s 72 amd 1908 8 Edw 7 No. 18 s 2 sch 1 om 1909 9 Edw 7 No. 13 s 23(3) prev s 72 ins 1918 9 Geo 5 No. 11 s 33 sub 1970 No. 15 s 8 (never proclaimed into force and om 1970 No. 30 s 4(b)) om 1970 No. 30 s 6 pres s 72 ins 1990 No. 40 s 40 De facto relationship instruments exempt from duty s 72A prev s 72 ins 1942 6 Geo 6 No. 26 s 12(1) amd 1965 No. 61 s 10 sch 1 om 1994 No. 56 s 87 sch 2 pres s 72 ins 1999 No. 89 s 8 sch Certain payments deemed to have been made in Queensland s 72B ins 1968 No. 11 s 8(2) om 1970 No. 15 s 9 (never proclaimed into force and om 1970 No. 30 s 4(b)) om 1970 No. 30 s 7 Licences to sell stamps s 73 sub 1918 9 Geo 5 No. 11 s 34 Stamps to be provided s 74 amd 1918 9 Geo 5 No. 11 s 6(4)

383 Stamp Act 1894 Allowance in certain circumstances s 75 amd 1918 9 Geo 5 No. 11 s 6(4) sub 1988 No. 34 s 76 amd 1990 No. 40 s 41; 1996 No. 70 s 34(1); 1997 No. 74 s 13 Alternative to prosecution s 76 prev s 76 om 1899 63 Vic No. 9 s 3 sch 3 pres s 76 ins 1994 No. 35 s 18 Limitation for time for proceedings s 77 amd 1918 9 Geo 5 No. 11 s 35; 1959 8 Eliz 2 No. 42 s 5 om 1979 No. 12 s 25 Recovery of penalties s 78 amd 1979 No. 12 s 26 Evidentiary provisions s 78A ins 1918 9 Geo 5 No. 11 s 36 sub 1981 No. 91 s 22 amd 1984 No. 109 s 22; 1988 No. 34 s 77; 1994 No. 35 s 19 Service of documents on the commissioner s 78B ins 1988 No. 34 s 78 Action against ofﬁcers s 79 om 1974 No. 75 s 4 sch Amendment of assessments s 80 amd 1918 9 Geo 5 No. 11 s 6(4); 1926 17 Geo 5 No. 10 s 31; 1979 No. 12 s 27; 1982 No. 18 s 7 sub 1988 No. 34 s 79 amd 1991 No. 99 s 17; 1999 No. 49 s 32 General provision about refunding stamp duty s 80A ins 1999 No. 78 s 15 Certain contracts etc. void against the commissioner s 81 prev s 81 (not reprinted in R1) om 1995 No. 57 s 4 sch 1 pres s 81 ins 1959 8 Eliz 2 No. 42 s 6 amd 1961 10 Eliz 2 No. 21 s 10 Approval of forms s 82A ins 1996 No. 70 s 32 Regulation-making power prov hdg sub 1999 No. 13 s 46(1) s 83 sub 1918 9 Geo 5 No. 11 s 37 amd 1950 14 Geo 6 No. 10 s 2; 1965 No. 46 s 6; 1968 No. 11 s 9; 1970 No. 15 s 10 (never proclaimed into force and om 1970 No. 30 s 4(b)); 1970 No. 30 s 8; 1971 No. 51 s 5; 1979 No. 66 s 5(1) sub 1993 No. 51 s 23 amd 1999 No. 13 s 46(2)–(4); 1999 No. 27 s 76 sch 1 pt 3 Commissioner’s requirements in respect of information etc. s 83A ins 1991 No. 99 s 18

384 Stamp Act 1894 Interest on duty delayed s 83B ins 1991 No. 99 s 18 amd 1999 No. 49 s 38 sch Undertaking by exempt persons s 84 ins 1984 No. 17 s 24 amd 1996 No. 70 s 34(11) Declaration about certain provisions s 85 ins 1988 No. 34 s 80 sub 1995 No. 4 sch 1 amd 1999 No. 49 s 38 sch Transitional provision about forms s 86 prev s 86 ins 1993 No. 51 s 24 exp 30 November 1993 (see s 86(2)) pres s 86 ins 1996 No. 70 s 33 exp 9 December 1997 (see s 86(3)) Declaration about the repealed Revenue Laws Amendment Act (No. 2) 1996, s 34(1) s 87 ins 1997 No. 74 s 8 sch AIA s 20A applies (see s 87(2)) exp 31 December 1998 (see s 87(3)) Duty not payable on Suncorp Metway notes s 88 ins 1999 No. 13 s 47 Validation of certain exemptions from duty for applications involving registration of motor vehicles s 89 ins 1999 No. 13 s 47 Transitional provisions for the conversion of prescribed interests s 90 ins 1999 No. 49 s 33 exp one year after the transitional period ends (see s 90(4)) amd 2000 No. 48 s 28; 2001 No. 45 s 29 sch 3 Recognition of duty paid in certain circumstances s 91 ins 1999 No. 49 s 37 SCHEDULE 1—STAMP DUTIES ON INSTRUMENTS amd 1903 3 Edw 7 No. 2 s 2(3); 1904 4 Edw 7 No. 14 ss 4(3), 5; 1914 5 Geo 5 No. 7 s 2; 1918 9 Geo 5 No. 11 s 38; 1926 17 Geo 5 No. 10 s 32; 1929 20 Geo 5 No. 21 s 7; 1930 21 Geo 5 No. 49 s 5; 1954 3 Eliz 2 No. 44 s 2; 1955 4 Eliz 2 No. 44 s 7; 1956 5 Eliz 2 No. 13 s 3; 1958 7 Eliz 2 No. 44 s 8; 1959 8 Eliz 2 No. 42 s 7; 1961 10 Eliz 2 No. 21 s 11; 1962 No. 28 s 7; 1963 No. 35 s 4; 1964 No. 62 s 2; 1965 No. 46 s 7(1) sub 1965 No. 61 s 10 sch 1 amd 1966 No. 15 s 14; 1968 No. 11 s 10; 1970 No. 15 s 11 (never proclaimed into force and om 1970 No. 30 s 4(b)); 1970 No. 30 s 9; 1971 No. 51 s 6; 1972 No. 31 s 6 sch 1; 1973 No. 64 s 10; 1974 No. 16 s 4; 1975 No. 65 s 16; 1976 No. 93 s 9; 1979 No. 12 ss 28–29; 1979 No. 66 ss 6–9(1), 10; 1980 No. 21 ss 9–22; 1981 No. 91 s 23; 1981 No. 102 s 3; 1982 No. 53 s 3; 1982 No. 65 s 14; 1984 No. 17 s 25; 1984 No. 109 s 23 sub 1985 No. 40 s 2

385 Stamp Act 1894 amd 1985 No. 90 s 23; 1986 No. 8 s 9; 1987 No. 4 s 15; 1988 No. 34 s 81; 1988 No. 100 s 10; 1989 No. 32 s 7; 1990 No. 40 s 42; 1990 No. 99 s 3.1 sch; 1991 No. 99 s 19; 1993 No. 51 s 25; 1994 No. 11 s 194 sch 2; 1994 No. 35 s 20; 1994 No. 69 s 229 sch 2 (never proclaimed into force an om 1995 No. 58 s 5(1) sch 7); 1995 No. 28 s 14; 1995 No. 44 s 10; 1996 No. 12 s 5; 1996 No. 70 s 35; 1996 No. 75 s 535 sch 2; 1997 No. 28 s 295 sch 3; 1997 No. 39 s 472 sch 7; 1997 No. 74 s 14; 1999 No. 13 s 48; 1999 No. 49 ss 34, 38 sch; 1999 No. 78 s 16; 1999 No. 88 s 122; 1999 No. 89 s 8 sch; 2000 No. 20 s 29 sch 3; 2000 No. 48 s 29; 2001 No. 45 s 29 sch 3 SCHEDULE 2—DICTIONARY prev sch 2 om 1990 No. 40 s 43 pres sch 2 ins 1999 No. 49 s 38 sch def “application for registration” ins 1966 No. 15 s 3(b) amd 1985 No. 90 s 3(a)(ii) sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “application for transfer of registration” ins 1966 No. 15 s 3(b) sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “approved form” ins 1996 No. 70 s 23(2) reloc 1999 No. 49 s 38 sch def “bill of lading” sub 1988 No. 34 s 4(a) om 1990 No. 40 s 4(a)(i) def “charter party” sub 1988 No. 34 s 4(a) om 1990 No. 40 s 4(a)(i) def “commissioner” ins 1918 9 Geo 5 No. 11 s 3 sub 1926 17 Geo 5 No. 10 s 2 amd 1958 7 Eliz 2 No. 44 s 2 sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “Commissioners” om 1918 9 Geo 5 No. 11 s 3 def “Commonwealth place” ins 1999 No. 49 s 35 reloc 1999 No. 49 s 38 sch def “corporate debt security” ins 1984 No. 109 s 3 sub 1988 No. 34 s 4(a) amd 1999 No. 49 s 38 sch reloc 1999 No. 49 s 38 sch def “CUFS ” ins 1996 No. 70 s 23(1) reloc 1999 No. 49 s 38 sch def “deed of gift” ins 1918 9 Geo 5 No. 11 s 3 amd 1985 No. 90 s 3(a)(iii) sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “de facto relationship ” ins 1999 No. 89 s 8 sch def “de facto spouse” ins 1999 No. 89 s 8 sch def “Deputy Commissioner” om 1918 9 Geo 5 No. 11 s 3 def “die” sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “donor” ins 1918 9 Geo 5 No. 11 s 3

386 Stamp Act 1894 reloc 1999 No. 49 s 38 sch sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “Executed” and “Execution ” om 1926 17 Geo 5 No. 10 s 2 def “executed” ins 1926 17 Geo 5 No. 10 s 2 sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “exempt charitable institution” ins 1990 No. 40 s 4(a)(i) reloc 1999 No. 49 s 38 sch def “exempt foreign company” ins 2001 No. 45 s 29 sch 3 def “exempt proprietary company” ins 2001 No. 45 s 29 sch 3 def “Full unencumbered value” ins 1985 No. 90 s 3(b) om 1988 No. 34 s 4(b) def “ﬁnancial accommodation” ins 1990 No. 40 s 4(a)(ii) reloc 1999 No. 49 s 38 sch def “hiring agreement” ins 1962 No. 28 s 2 amd 1965 No. 46 s 2 sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “impressed” ins 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “information” ins 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “Inspector” amd 1926 17 Geo 5 No. 10 s 2 om 1988 No. 34 s 4(a) def “instrument” amd 1926 17 Geo 5 No. 10 s 2 sub 1980 No. 21 s 2(b); 1985 No. 90 s 3(a)(i); 1988 No. 34 s 4(a); 1990 No 40 s 4(a)(ii) reloc 1999 No. 49 s 38 sch def “insurance” ins 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “investigating ofﬁcer” ins 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “lodge” ins 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “managed investment scheme” ins 2000 No. 48 s 30 amd 2001 No. 45 s 29 sch 3 def “marketable security” amd 1918 9 Geo 5 No. 11 s 3 sub 1966 No. 15 s 3(a) amd 1981 No. 91 s 3; 1984 No. 17 s 3(1) sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “material” sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “Minister” ins 1918 9 Geo 5 No. 11 s 3 sub 1988 No. 34 s 4(a) om 1991 No. 97 s 3 sch 1 def “money” amd 1970 No. 15 s 2(a) sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch

387 Stamp Act 1894 def “motor vehicle” ins 1966 No. 15 s 3(b) sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “Policy of Assurance” ins 1918 9 Geo 5 No. 11 s 3 om 1988 No. 34 s 4(a) def “policy of assurance against accident” ins 1918 9 Geo 5 No. 11 s 3 sub 1988 No. 34 s 4(a) amd 1996 No. 75 s 535 sch 2 reloc 1999 No. 49 s 38 sch def “policy of insurance” sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “policy of life insurance ” ins 1918 9 Geo 5 No. 11 s 3 sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “policy of marine insurance” ins 1926 17 Geo 5 No. 10 s 2 sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “prescribed” om 1988 No. 34 s 4(a) def “primary custodian” ins 2000 No. 48 s 30 amd 2001 No. 45 s 29 sch 3 def “produce” ins 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “proprietary company” ins 2001 No. 45 s 29 sch 3 def “public unit trust scheme” ins 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “qualifying exempt purpose” ins 1900 No. 40 s 4(a)(i) reloc 1999 No. 49 s 38 sch def “Queensland company” ins 2001 No. 45 s 29 sch 3 def “quoted security” ins 2000 No. 20 s 29 sch 3 def “receipt” ins 1970 No. 15 s 2(b) (om 1970 No. 30 s 4(a)) def “recognised stock exchange” ins 2000 No. 20 s 29 sch 3 def “record” ins 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “registered scheme” ins 2000 No. 48 s 30 amd 2001 No. 45 s 29 sch 3 def “religious body” ins 1961 10 Eliz 2 No. 21 s 2 sub 1979 No. 12 s 3(a) om 1988 No. 34 s 4(a) def “responsible entity” ins 2000 No. 48 s 30 amd 2001 No. 45 s 29 sch 3 def “right in respect of shares” ins 1996 No. 70 s 23(1) reloc 1999 No. 49 s 38 sch def “risk in Queensland” ins 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “scheme property” ins 2000 No. 48 s 30 def “settlement” ins 1918 9 Geo 5 No. 11 s 3 sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “stamp” sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch

388 Stamp Act 1894 def “stamped” om 1988 No. 34 s 4(a) def “statutory declaration” ins 1988 No. 34 s 4(a) om 1991 No. 97 s 3 sch 1 def “stock” ins 1918 9 Geo 5 No. 11 s 3 amd 1926 17 Geo 5 No. 10 s 2 sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch def “unit trust scheme” ins 1979 No. 12 s 3(b) sub 1988 No. 34 s 4(a) reloc 1999 No. 49 s 38 sch 8 List of forms Form SD1 Version 1—Application for Impressed Stamping of Documents pubd gaz 25 August 2000 pp 1471–72 Form SD22 Version 1—Declaration to Accompany a Conveyance, Transfer or Declaration of Trust of a Share in respect of a Corporation not listed on the Australian Stock Exchange and not a Corporation to which sections 56C and 56FA-FO of the Stamp Act 1894 Apply pubd gaz 25 August 2000 pp 1471–72 Form SD23 Version 1—Declaration to Accompany an Instrument Effecting or Evidencing a Disposition of Shares under section 56C of the Stamp Act 1894 pubd gaz 25 August 2000 pp 1471–72 Form SD24 Version 1—Declaration to Accompany an Instrument Transferring or Providing for the Transfer of a Share, or Right in respect of a Share, in a Corporation listed on the Australian Stock Exchange or a Unit in a Public Unit Trust Scheme pubd gaz 25 August 2000 pp 1471–72 Form SD28 Version 1—Declaration to Accompany an Instrument Effecting or Evidencing a Disposition of Units under section 56B of the Stamp Act1894 pubd gaz 25 August 2000 pp 1471–72 Form SD43 Version 1—Declaration by Mortgagee to Accompany a Security Document to Claim a Credit under section 70 in respect of Duty that has been or will be paid in another State or Territory pubd gaz 25 August 2000 pp 1471–72 Form SD44 Version 3—Claim for Stamp Duty Exemption and any Credit on a Home Mortgage pubd gaz 25 August 2000 pp 1471–72 Form SD45 Version 3—Claim for Stamp Duty Exemption and any Credit on a Home Reﬁnance Mortgage pubd gaz 25 August 2000 pp 1471–72 Form SD72 Version 1—Agreement to Account for Duty on Hire-Purchase Agreements pubd gaz 25 August 2000 pp 1471–72

389 Stamp Act 1894 Form SD73 Version 1—Undertaking under section 35H pubd gaz 25 August 2000 pp 1471–72 Form SD76 Version 1—Declaration claiming the Beneﬁt of section 68B in relation to Prescribed Short Term Loans pubd gaz 25 August 2000 pp 1471–72 Form SD77 Version 1—Weekly Return of Sales and Purchases, Marketable Securities and Rights in respect of Shares pubd gaz 25 August 2000 pp 1471–72 Form SD78 Version 1—Weekly Return of Sales and Purchases, Marketable Securities and Rights in respect of Shares made by a Queensland Broker, on his/her own Account pubd gaz 25 August 2000 pp 1471–72 Form SD79 Version 1—Monthly Statement of Relevant Transactions by Prescribed Corporations pubd gaz 25 August 2000 pp 1471–72 Form SD80 Version 1—Application for Registration under section 35A to Carry on Credit Business and/or Rental Business pubd gaz 25 August 2000 pp 1471–72 Form SD84 Version 1—Credit/Rental Business Return pubd gaz 25 August 2000 pp 1471–72 Form SD86 Version 1—Declaration to Claim Exemption from Stamp Duty under section 35 in respect of a Housing Loan pubd gaz 25 August 2000 pp 1471–72 Form SD87 Version 1—Application by a Person to Carry on any Insurance Business in Queensland as an Approved Insurer under section 46F(1) pubd gaz 25 August 2000 pp 1471–72 Form SD88 Version 1—Application by a Person to Carry on any Insurance Business outside Queensland as an Approved Insurer under section 46F(2) pubd gaz 25 August 2000 pp 1471–72 Form E Version 1—Application for Spoiled Stamps Allowance pubd gaz 25 August 2000 pp 1471–72 Form G Version 1—Declaration to Accompany any Unlimited Security under subsection 68 (3A) pubd gaz 25 August 2000 pp 1471–72 Form M Version 1—Undertaking under section 84 pubd gaz 25 August 2000 pp 1471–72 Form Q Version 1—Declaration to Accompany a Contract or Agreement for Sale and/or Instrument of Conveyance in respect of the Acquisition of a Principal Place of Residence or a First Principal Place of Residence pubd gaz 25 August 2000 pp 1471–72

390 Stamp Act 1894 Form Q(2) Version 1—Application for Refund in respect of Stamp Duty on an Acquisition of Land on which an Applicant’s Principal Place of Residence has been Erected pubd gaz 25 August 2000 pp 1471–72 Form S(a) Version 1—Statement and Verifying Afﬁdavit pursuant to section 54A(2) relating to the Acquisition of a Business pubd gaz 25 August 2000 pp 1471–72 Form S(b) Version 1—Supplementary Afﬁdavit pursuant to section 54A(3) pubd gaz 25 August 2000 pp 1471–72 Form S(c) Version 1—Statement and Verifying Afﬁdavit relating to the Acquisition of an Estate or Interest in Real Property or Leasehold Estate in Queensland pubd gaz 25 August 2000 pp 1471–72 Form S(d) Version 1—Statement and Verifying Afﬁdavit relating to the Obtaining of Tenancy or Occupancy of Land, Tenements or Hereditaments in Queensland pubd gaz 25 August 2000 pp 1471–72 Form X Version 1—Notiﬁcation of Unstamped Instruments pubd gaz 25 August 2000 pp 1471–72 Form Y(b) Version 1—Warrant to Enter Dwelling House pubd gaz 25 August 2000 pp 1471–72 9 Provisions that have not commenced and are not incorporated into reprint The following provisions are not incorporated in this reprint because they had not commenced before the reprint date (see Reprints Act 1992, s 5(c)). Revenue and Other Legislation Amendment Act (No. 2) 1999 No. 49 pt 5 div 3 reads as follows— Division 3—Amendments about the Commonwealth Places (Mirror Taxes) Act 1998 (Cwlth) 35 Amendment of s 2 (Deﬁnitions) Section 2(1)— insert — ‘ “Commonwealth place” means a place in Queensland acquired by the Commonwealth for public purposes.’.

391 Stamp Act 1894 36 Amendment of s 35B (Statements to be lodged by required persons with the commissioner) Section 35B— insert — ‘ (8) Despite subsection (1AA)(b), if a required person is carrying on rental business in Queensland, other than in a Commonwealth place, and is also carrying on rental business in a Commonwealth place in Queensland, the total amount received by the required person for the purposes of subsection (1AA)(b) is the sum of— (a) the total amount received by the required person under subsection (1AA)(b) for the rental business carried on in Queensland, other than in a Commonwealth place; and (b) the total amount received by the required person under subsection (1AA)(b) for the rental business carried on in the Commonwealth place in Queensland. ‘ (9) Despite subsection (1AB)(b), if a required person is carrying on rental business in Queensland, other than in a Commonwealth place, and is also carrying on rental business in a Commonwealth place in Queensland, the total amount received by the required person under subsection (1AB)(b)(ii) is the sum of— (a) the total amount received by the required person under subsection (1AB)(b)(ii) for the rental business carried on in Queensland, other than in a Commonwealth place; and (b) the total amount received by the required person under subsection (1AB)(b)(ii) for the rental business carried on in the Commonwealth place in Queensland. ‘ (10) Despite subsection (1AB)(c), if a required person is carrying on credit business in Queensland, other than in a Commonwealth place, and is also carrying on credit business in a Commonwealth place in Queensland, the sum of the total amounts debited by the required person under all credit arrangements and the total amounts of all forbearances by the required person under subsection (1AB)(c) (the “total credit amounts”) is the sum of— (a) the total credit amounts for the credit business carried on in Queensland, other than in a Commonwealth place; and (b) the total credit amounts for the credit business carried on in the Commonwealth place in Queensland.’.

392 Stamp Act 1894 37 Insertion of new s 91 After section 90, as inserted by this Act— insert — ‘91 Recognition of duty paid in certain circumstances ‘ (1) If this Act requires regard to be had to duty previously paid or payable, regard must be had to any duty previously paid or payable under the Commonwealth Act if regard would have been had under this Act to that duty if that duty were paid or payable under this Act. ‘ (2) In this section— “Commonwealth Act” means the Stamp Act 1894 (Queensland) as a law applied under the Commonwealth Places (Mirror Taxes) Act 1998 (Cwlth).’. © State of Queensland 2001