Stamp Act Amendment Act 1916 (WA)

WESTERN AUSTRALIA.

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ANNO SEPTIMO

GEORGII QUINTI REGIS,

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No. 12 of 1916.

AN ACT to further amend the Stamp Act,

1882.  [Assented to 5th December, 1916.]

Legislative Assembly of Western Australia, in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows:- BE it enacted by the King's Most Excellent Majesty, by and

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

1916, and shall be read as one with the Stamp Act, 18820 herein-

commencement.

after referred to as the principal Act, and its Amendments, and

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

The stamp duties specified in the Schedule to the Stamp Act Amendment Act, 1905, as amended by the several Acts amending the same, including this Act, shall be charged for the use of Its Majesty upon the several instruments specified in the said Schedule as amended, subject to the exemptions therein contained, and shall form part of the Consolidated Revenue Fund. Charge of Duties.

2.

Section nineteen of the principal Act is hereby amended by omitting the word " Governor " and inserting

Amendment of Sec-

tion 19 of the

principal Act.

" Commissioner of Taxation with the approval of the Minister "

place thereof.

3.

Sections seventy and seventy-three ofm the principal Act are hereby amended by omitting the words " two pounds" wherever

Amendment of

Sections 70 and 73

of principal Act.

those words occur, and by inserting in their place the words " one

pound."

4.

1916, No. 12.] Stamp Act—Amendment. [7 GEO. V.

Amendment of	5.	Section six of the Stamp Act, 1882, Amendment Act, 1893,
Section 6 of 57

Vitt., No. 31.

is hereby amended by omitting the words " two pounds " and

inserting the words " one pound in place thereof.

Amendment of	6.	Subsection two of section twelve, and section thirteen of the
Sections 12 and 13

of Act No. 20 of	Stamp Act Amendment Act, 1905, are hereby amended by omitting
1905.	the words " of the Treasury."

Amendment of 7. The Schedule to the Stamp Act Amendment Act, 1905, is

Schedule to Act No. hereby amended as follows:—

20 of 1905.

(1.) Under the heading "COUPON OR WARRANT" the

figure 2 in the exemption is omitted, and the figure

1 is inserted in place thereof.

(2.) Under the heading " CONTRACT NOTE " the words and

figures:—

£ s. d.

" of the value of £5 and under the

value of £100 • • . 0 0 1

• •

of the value of £100 or upwards ... 0 1 0"

are omitted, and the following words and figures are

inserted in place thereof :—

£ s. d.

" Under the value of £50	0	0	3
Of the value of £50 and under the

value of £100 0 0 6

Of the value of £100 and under the

value of .±:500 0 1 0

• •

Of the value of £500 and upwards 0 2 0"

(3.) Under the heading "CONVEYANCE on TRANSFER" the

words and figures in paragraph (a) and paragraph 3 (a)

respectively " for every £5 and also for every fractional part of £5 of the amount or value of the consideration " are omitted, and in the column headed " stamp duty payable " the figures " 0. 0. 6." opposite paragraph (a) and paragraph (3) (a) respectively are omitted and the figures " 0. 2 6. " are inserted in place thereof.

(4.) Under the heading "CONVEYANCE OR 'TRANSFER" the following words are inserted after the word " con- sideration " in paragraph (b) and paragraph (3) (b) respectively, " And on and after the 1st day of January, 1917, until the 30th day of June 1921, additional duty equal in amount to the duty as pre- scribed by paragraphs (a) and (b)." And after the words " Conveyance or Transfer of any kind not hereinbefore described" the following words are inserted, namely, " and not being a settlement or deed of gift."

7 GEO. V.] Stamp Ad—Amenanzent. [1916, No. 12.

(5.) After the word "GUARANTEE" the words "under hand

only " are inserted.

(6) By omitting the table in the second paragraph under the heading "LEASE," and inserting in its place the follow- ing words and figures:—

When the

lease is When the

When the for a lease is

A lease of any /ands or tenements at a rent lease is period ex- for a

without any payment of any sum of money for a ceeding period ex-

by way of premium.	period not ono year ceeding exceeding and not tbcpe
one year. exceeding years.

three years.

s. d. s. d. s. d.

Where the rent, calculated for a whole year, shall not exceed £50 ...	2 6	5 0	7 6
Exceeds .250—for every £50 and also for any fractional part of £50	2 6	5 0	7 6

••• ••• •-•

(7) By omitting the words " two pounds " under the heading	" RECEIPT," and inserting " one pound" in place
thereof.

(8) By inserting the following paragraphs in the exemptions under the heading " RECEIPT " :—

Receipt given for any money paid to a Fund formed for the relief or benefit of soldiers or sailors or of the dependents of soldiers or sailors.

Receipts given for salaries not exceeding Five

pounds per week.

(9) After the words " SETTLEMENT, DEED or—" the words words are added to paragraph (1) under the heading " SETTLEMENT, DEED OF —," namely, " or is given or agreed to be given in any manner whatsoever." Under the same heading the words and figures " for every £100 and every part of £100, 0 5 0" are omitted, and in lieu thereof the following words are inserted in the column headed Stamp Duty Payable —" The same duty as upon a conveyance or transfer on sale." " OR DEED OF GIFT " are inserted, and the following

8.	Section ten and paragraph (3) of section eleven of the Stamp	Amendment of secs.
10 and 11 of Act No.

Act Amendment Act, 1913, are hereby amended by omitting the

29 of 1913.

words " two pounds " and inserting in place thereof the words " one

pound."

9.	(1.) The stamp duty on a contract note may be denoted by	Cancellation of
stamp on contract

an adhesive stamp, which shall be cancelled by the person by whom	note.
the note is executed by writing on or across the stamp his name, or	Imp. Finance Act,
the name of his firm, together with the true date of his so writing.	1910, s. 78.

1916, No. 12.] Stamp Act—Amendment. [7 GEO. V.

(2.) The stamp duty on a contract note may be added to the charge for brokerage or agency, and shall be recoverable as part of such charge.

Stamp duty on gifts 10. (1.) Any conveyance or transfer operating as a voluntary

inter vivod. See Impl. Financedisposition inter vivos shall be chargeable with the like stamp duty Act, 1910, s. as if it were a conveyance or transfer on sale, with the substitution in

each case of the value of the property conveyed or transferred for

the amount or value of the consideration for the sale.

(2.) Any conveyance or transfer (not being a disposition made in favour of a purchaser or encumbrancer or other person in good faith and for valuable consideration) shall, for the purposes of this section, be deemed a conveyance or transfer operating as a volun- tary disposition inter vivos, and the consideration for any conveyance or transfer shall not for this purpose be deemed to be valuable con- sideration when the Commissioner of Taxation is of opinion that by reason of the inadequacy of the sum paid as consideration or other circumstances. the conveyance or transfer confers a substantial benefit on the person to whom the property is conveyed or transferred.

(3.) A conveyance or transfer for a nominal consideration for effectuating the appointment of a new trustee, or the retirement of a trustee, whether the trust is expressed or implied, or under which no beneficial interest passes in the property conveyed or transferred, or made to a beneficiary by a trustee or other person in a fiduciary capacity under any trust whether expressed or implied, shall not be charged with duty under this section.

Production of	11. 'the Registrar of Titles may refuse to receive a caveat unde
stamped instru-

ment on registra-

Part V. of the Transfer of Land Act, 1893, unless the instrument

tion of caveat.

document or writing (if any), duly stamped, in respect of which

the caveat is lodged, is produced for his inspection.

12. (1.) The Governor may appoint any officer of the Taxation

Inspectors. Queens-

1s94, Se ' 9, 10,	Department to be an Inspector of Stamps.
(2.) An Inspector of Stamps may require that any instrument be produced to him by the holder thereof for inspection.
(3.) Any holder of an instrument who, when so required by an Inspector of Stamps, refuses or neglects to produce such instrti- ment to the Inspector of Stamps for inspection, shall be liable to a penalty not exceeding fifty pounds.

(4.) An Inspector of Stamps shall not, except for the;purPose

Or in course of proceedings in a Court of Justice divulge or cause to

be divulged to any person, except the Commissioner of Taxation, the contents or substance of any instrument produced to him for inspection, and any Inspector who discloses any information so obtained, save as hereinbefore excepted, shall be liable to a penalty

of not exceeding one hundred pounds:

7 GEo. V.] Stamp Act—Amendment. 11916, No. 12.

Provided that any information obtained by an Inspector of Stamps may be used by the Commissioner of Taxation for the pur- poses of the principal Act and its amendments and of the Land and Income Tax Assessment Act, 1907, and the Dividend Duties Act, 1902.

(5.) When any instrument which is produced to an Inspector of Stamps for inspection, or which in any manner comes into his hands, appears to him to be chargeable with stamp duty and to be unstamped or insufficiently stamped, such Inspector may take a copy of the instrument, and shall forward such copy, with his report thereon, to the Commissioner of Taxation, and the Com- missioner may in his discretion institute proceedings on behalf of the Colonial Treasurer for any breach of the law.

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