Stamp Act Amendment Act 1913 (WA)

WESTERN AUSTRALIA.

ANNO QUARTO

GEORGII QUINT I REGIS,

XXIX.

No. 29 of 1913.

AN ACT to further amend the Stamp Act,

1882.

[Assented to 30th December, 1913.]

E it enacted by the King's Most Excellent Majesty, by and

113Legislative Assembly of Western Australia, in this present Par-with the advice and consent of the Legislative Council and

liament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Stamp Act Amendment Act, Short title.

1913, and shall be read as one with the Stamp Act, 1882, herein-

after referred to as the principal Act, and its amendments.

2. This Act shall come into operation on the first day of Janu- Commencement.

ary, One thousand nine hundred and fourteen.

3, Section three of the principal Act is amended by omitting Amendment of

the interpretation of the term "Marketable security," and insert-	See. 3.
ing the following in place thereof:

''Marketable security" includes stock, funds, shares, bonds,

N.Z., 1908, No.

182.

or debentures of any government, municipality, road board;	Cf. 54 and 55
or other corporation, company, or society.	Viet., e. 39, s. 122.

4. Section forty-five of the principal Act is amended by insert-

Amendment of

See. 45.

ing after the word "property" the words "or any estate or interest	54 and 55 Viet.,
in any property."	c. 39, s. 54.

1913, No. 29.1 Stamp Act--Amendment. F4 GE,i. V.

Amendment of

See. 53. 5. Subsection two of section fifty-three of the principal Act is amended by inserting immediately before the words "sixpence" the words "two shillings and."

Mode of calculat-	6. (1.) Where an instrument is chargeable with ad valorem
ing ad valorem

duty in certain	duty in respect of
cases.

54 and 55 Viet.,	(a)	Any money in any foreign or colonial currency, or
c. 39, s. 6.

Q. Stamp Act, (b) Any stock or marketable security,

1894, s. 17.	the duty shall be calculated on the value on the day of the date of the instrument of the money in British currency, according to the current rate of exchange in Western Australia, or of the stock or marketable security 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.

Certain contracts	7. (1.) Any contract or agreement under hand and seal, or
to be chargeable

is conveyances on	under seal only, or under hand only, for the sale of any equitable
sale.	estate or interest in any property whatsoever, or for the sale of
54 and 55 Viet.,
e. 39, a. 59.	any estate or interest in any property except lands, tenements or hereditaments, or property locally situate out of Western Austra-
See Q. Stamp Act,	lia, or goods, wares, or merchandise, or stock, or marketable securi-
1894, s. 54.	ties, or any ship or vessel, or part interest, share, or property of or in any ship or vessel, shall be charged with the same ad valorem duty, to be paid by the purchaser, as if it were an actual convey- ance on sale of the estate, interest, or property contracted or agreed to be sold.

(2.) Where the purchaser has paid the said ad valorem duty,

and before having obtained a conveyance or transfer of the pro- perty enters into a contract or agreement for the sale of the same, the contract or agreement shall be charged, if the consideration for that sale is in excess of the consideration for the original sale, with the ad valorem duty payable in respect of such excess con- sideration, and in any other case with the fixed duty of ten shil- lings or of two shillings and sixpence, as the case may require.

(3.) Where duty has been duly paid in conformity with the

foregoing provisions, the conveyance or transfer made to the pur- chaser or sub-purchaser, or any other person on his behalf or by his direction, shall not be chargeable with any duty, and the Under Treasurer or other person authorised or appointed to cancel stamps, upon application, shall denote the payment of the ad valorem duty upon the conveyance or transfer upon produc- tion of the contract or agreement, or contracts or agreements, duly stamped.

4' GEO. V.1 Stamp Act—Amendment. [1913, No. 29.

(4.) Provided that where any such contract or agreement is stamped with the fixed duty of ten shillings or of two shillings and sixpence, as the case may require, the contract or agreement shall be regarded as duly stamped for the mere purpose of pro- ceedings to enforce specific performance or recover damages for the breach thereof.

(5.) Provided also that where any such contract or agree-

ment is stamped with the said fixed duty, and a conveyance or transfer made in conformity with the contract or agreement is presented to the Under Treasurer or other person authorised or appointed to cancel stamps for stamping with the ad valorem duty chargeable thereon within the period of six months after the first execution of the contract or agreement, the conveyance or transfer shall be stamped accordingly, and the same, and the said contract or agreement, shall be deemed to be duly stamped. Nothing in this proviso shall alter or affect the provisions as to the stamping of a conveyance or transfer after the execution thereof.

(6.) Provided also, that the ad valorem duty paid upon any

such contract or agreement shall be returned by the Colonial Treasurer in case the contract or agreement be afterwards re- scinded or annulled, or for any other reason be not substantially performed or carried into effect, so as to operate as or be followed by a conveyance or transfer.

8. An escrow shall, for the purposes of the principal Act and its Instruments held

amendments, be deemed an instrument duly executed and de-	in escrow.
livered.

9. (1.) Except as otherwise provided by the principal Act and	omission to duly
Penalty for

its amendments, if any instrument executed after the commence-

stamp instruments.

ment of this Act is not duly stamped at or within the prescribed

See N.S.W., No.

time, the person in that behalf specified in the Schedule to this

24 of 1904, s. 17.

Act shall be liable to the payment of the amount of the stamp

54 and 55 Wet.,

duty, and the fine for the omission to stamp the instrument at or

e. 39, s. 15 (2).

within the prescribed time, and in addition thereto shall be liable

to a penalty not exceeding ten pounds.

(2.) The penalty, together with the stamp duty and fine,

shall be recoverable, on the complaint of the Colonial Treasurer or any person acting with his authority, in any court of summary jurisdiction.

(3.) The averment in a complaint under this section that

the complainant is acting with the authority of the Colonial Treasurer shall be deemed to be proved in the absence of proof to the contrary.

10. Section seventy-three of the principal Act is amended by Amendment of

adding a paragraph as follows: Sec. 73.

If upon payment of an. amount of two pounds or upwards

in any case where a receipt would be liable to duty, the per-

son who receives the payment does not give or tender to the

1913, No. 29.] Stamp Act—Amendment. [4 GEO. V.

person who makes the payment a receipt in writing duly stamped, the person who receives such payment shall be guilty of an offence, and on conviction shall be liable to a penalty not exceeding ten pounds.

Amendment to	11. The Schedule to the Stamp Act Amendment Act, 1905, is (1.) Under the heading " apprenticeship " the figures 0 5 0 and the exemption thereunder are omitted, and the words " Exempt from duty " are inserted.
Schedule to Act

No. 20 of 1905. hereby amended as fellows :—

(2.) Under the heading " Mortgage, bond, debenture," etc., . (1a.) Being a collateral, or auxiliary, or additional, or sub- stituted security, or by way of further assurance for the above- mentioned purpose, where the principal or primary security is duly stamped:

54 and 55 Viet.,	a paragraph is inserted immediately after paragraph (1), as
a. 39, Schedule.	follows:—

For every £100, and also for any fractional part

of £100 of the amount secured .. .. £0 0

The following words are added to paragraph (2) :—

If by way of collateral, or auxiliary, or additional, or sub- stituted security, or by way of further assurance where the principal or primary security is duly stamped:

For every £100, and also for every fractional

part of £100 of the amount transferred or

assigned .. 0 G

The following words in paragraph (2) are omitted :—

Exemption . from (1) and (2).

Every collateral, or auxiliary, or additional, or substituted security, or by way of further assurance for the above-men- tioned purpose where the principal or primary security is duly stamped.

(3.) The words and figures '° Receipt given for, or upon the payment of, money amounting to £2 or upwards, id." are omitted, and the following words and figures are inserted in place there- of :—

Receipt given -for or upon payment of money

Amounting fo two pounds or upwards, but less'

than fifty pounds ... .. • • • 0 0 1

Amounting to fifty pounds or upwards, but less

than one hundred pounds ... ... 0 0 2

Amounting to one hundred pounds or upwards, for every one hundred pounds or fraction of one hundred pounds 0 0 3

GEO. 17 .1 Stamp Act—Amendment. [1913, No. 29.

(4.) Paragraph (3) of the exemptions under the heading "Receipt" is amended by omitting the words "or from," and paragraphs are inserted as follows:

(11.) Receipt given -for any salary, wages, emoluments, or allowances payable to any person in the public service of the State, or in respect of any superannuation or retiring allow- ance.

(12.) Receipt for money withdrawn by a depositor from

the Government Savings Bank.

Section 9.

THE SCHEDULE.

N.S.W., No. 24

Title of Instrument. Person liable to Penalty. See 190 of 4, s. 17.

54 and 55 Viet.,

e. 391, s. 15 (2).

Contract chargeable with ad valorem duty, under The purchaser.

Section 7 of the Stamp Act Amendment Act,

1913

Contract filed under 26 of Companies Act, 1893, The company.

or memorandum or articles of association con-

taining any provision in lieu thereof

Conveyance or transfer on the sale of property ..	The purchaser.
Deed of any kind not otherwise mentioned in this	The person executing the

Schedule deed.

Foreclosure order	The mortgagee.
Lease or agreement for lease ..	The lessee.
Mortgage, bond, debenture, covenant to enter up	The mortgagee or obligee.

judgment, and foreign security of any kind

In the case of a collateral, auxiliary, additional The mortgagee or obligee.

or substituted security

in the case of a transfer or assignment	The transferee or assignee.
In the case of a reconveyance, release, certi-	The mortgagor or obligor.

ficate of satisfaction, or discharge

Partition	The party by whom or on whose behalf the in- strument is held.
Settlement	The settler.
Instrument of any other kind	The party thereto by whom or on whose be- half the instrument is held, except where otherwise provided by the principal Act or its amendments.

By Authority: FRED. WM. SIMPSON, Government Printer, Perth.