Stamp Act Amendment Act 1966 (WA)

1966.]

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[No. 67.

STAMP.

No. 67 of 1966.

AN ACT to amend the Stamp Act, 1921-1965.

[Assented to 12th December, 1966.]

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

1. (1) This Act may be cited as the Stamp Act 2argiaVieon.

Amendment Act, 1966.

(2) In this Act the Stamp Act, 1921-1965, is

referred to as the principal Act.

(3)	The principal Act as amended by this Act

may be cited as the Stamp Act, 1921-1966.

No. 67.]

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[1966.

commence-

ment.	2. (1) Except as provided in subsection (2) of this section, this Act shall come into operation on the first day of February nineteen hundred and sixty-seven.
(2) Sections one, two, four and paragraph (a), (b) and (f) of section fifteen shall come into operation on the first day of January nineteen hundred and sixty-seven.
S. 7

amended. 3. Section twenty-seven of the principal Act is amended by adding after the word "Except" being the first word in the section the words "in the case of a receipt or".

S. 75

amended.

4. Section seventy-five of the principal Act is

amended

(a) by repealing and re-enacting subsection

(1) as follows

(1) Any conveyance or transfer operat- ing as a voluntary disposition inter vivos shall be chargeable with stamp duty at the rate provided in the Second Schedule to this Act under the heading "Settle- ment, Deed of, or Deed of Gift";

(b) by adding after the subsection designation

(2) the paragraph designation (a);

(c)

by adding to subsection (2) a paragraph (b) When under the provisions of paragraph (a) of this subsection, the Commissioner is of opinion that the sum paid in consideration for a conveyance or transfer to which that paragraph applies is inadequate the duty under this Act on the conveyance or transfer shall be

as follows

(i) as to the amount of the con-

sideration so paid, duty at the

rate chargeable upon a convey- ance or transfer on sale for that amount; and

1966.

]

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[No. 67.

(ii) as to the amount by which the Commissioner is of opinion the consideration is inadequate, at the rate chargeable upon a deed of gift for that amount; and

(d)	by adding after subsection (4) a subsection as follows

(4a) The Treasurer may, in his dis- cretion, exempt from ad valorem duty, or refund any such duty paid after the coming into operation of this subsection on any instrument by which money or property is given or agreed to be given to or which establishes or regulates or relates to the establishment or regulation of any fund or scheme established for the principal purpose of making provision by way of superannuation payments, annuities, pensions, gratuities, allow- ances, lump sum payments, benefits, assistance or the like for the directors, officers, servants or employees of any employer or employers on the termina- tion of their office or service whether by death or otherwise or on their withdrawal from membership of that fund or scheme or during their incapacity for work attributable to illness or accident or for the widows or children or dependants or legal personal representatives of any of those directors, officers, servants or employees or for any persons duly selected or nominated for that purpose pursuant to the provisions of that fund or scheme. .

S. 76A

5. Section seventy-six A of the principal Act is

amended.

amended

(a)	by deleting the words "in duplicate" in line three of paragraph (a) of subsection (3);

No. 67.]

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[1966.

(b)	by repealing subsection (4) and re-enact- ing it as follows

(4) The Commissioner shall give a receipt to an approved vendor for any payment made by him under paragraph (b) of subsection (3) of this section. ; and

S. 95

repealed and

6. Section ninety-six of the principal Act is

re-enacted.	repealed and re-enacted as follows-
Interpre-

tation.	96. For the purposes of this Act "receipt"
Act No. 30

Vide 8. 4,	means any note, memorandum or writing
of 1916.	whatsoever

(a)	by which any money or any bill of exchange or promissory note for money is acknowledged or expressed to have been received, deposited or paid; or
(b)	by which any debt or demand or any part of a debt or demand is acknow- ledged to have been settled, satisfied or discharged; or
(c)	that signifies or imports any such acknowledgment,

whether the note, memorandum or writing is or is not signed with the name of any person. .

S. 99

amended.

7. Section ninety-nine of the principal Act is

amended

(a)	by deleting the words "of ten dollars or upwards" in lines one and two of subsection (2); and
(b)	by adding after subsection (3) subsections as follows

(4) This section does not require a receipt to be given or tendered by a person who has given notice to the Commissioner pursuant to subsection (1) of section ninety-nine A of this Act until the notice is cancelled pursuant to that

section.

1966.]

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[No. 67.

Where a receipt has not been requested, a receipt shall be deemed to have been given for the purposes of this section, if a receipt is made out and duly stamped notwithstanding that the receipt is not delivered or sent to any person.

(5)

(6) Where a receipt is made out and duly stamped but not delivered or sent to the person entitled thereto or auth- orised to receive it, the person making out the receipt shall retain possession of it for at least two years after it is so made out. .

8. The principal Act is amended by adding after S. 99A

added.

section ninety-nine a section as follows-

99A. (1) Any person referred to in, and to whom paragraph (a), (b) or (c) under the	Power toelect to
pay duty otherwise
heading "Receipt" in the Second Schedule to	than by payment of
this Act, applies, may give notice in writing in	receipt duty.
the prescribed form to the Commissioner that
"person"—
he elects to pay duty under this section instead	See s. 4, Act No. 30
of being obliged to comply with the require-	of 1918.
ments of this Act with respect to the payment of duty on receipts.

A person who has given notice to the Commissioner pursuant to subsection (1) of this section may cancel that notice by giving a notice of cancellation in the prescribed form to the Commissioner.

(2)

(3) The Commissioner shall assign a serial number to each notice given to him pursuant to subsection (1) of this section.

Until a notice given pursuant to sub- section (1) of this section is duly cancelled, the person who gave the notice is not liable to pay duty by impressed or adhesive stamps as required by this Act in respect of any receipt given by him after the notice has been so given but the person is liable for the payment of stamp duty in accordance with section ninety-

(4)

nine B of this Act. .

490	No. 67.]	Stamp.	[1966.
S. 99B

added.

9. The principal Act is amended by adding a

section as follows

Require-

ments when	99B. (1) Where a person has given a notice of section ninety-nine A of this Act until the notice is duly cancelled pursuant to subsection (2) of that section the person-
notice of
election	to the Commissioner pursuant to subsection (1)
given.

(a)	shall forward to the Commissioner at such intervals as the Commissioner in writing directs a statement in the the prescribed form verified in the manner prescribed, setting out the total of all amounts received by, paid to or deposited with that person during the prescribed period; and
(b)	shall forthwith pay to the Commis- sioner as duty on that statement an amount calculated at the rate of-

(i) three cents for each ten dollars and also for any fractional part of ten dollars, if the person so forwarding the statement is a person referred to in, and to whom paragraph (a) under the heading "Receipt" in the Second Schedule to this Act, would otherwise apply;

(ii) two cents for each ten dollars and also for any fractional part of ten dollars, if the person so forwarding the statement is a person referred to in, and to whom paragraph (b) under the heading "Receipt" in the Second Schedule to this Act, would otherwise apply;

(iii) one cent for each ten dollars and also for any fractional part of ten dollars, if the person so forwarding the statement is a

1966.]

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[No. 67.

person referred to in, and to whom paragraph (c) under the heading "Receipt" in the Second Schedule to this Act, would otherwise apply,

on so much of the total amount so set out in the statement as represents the aggregate of the amounts in respect of which a receipt given for each of those amounts would have been liable to duty under and in accordance with the Second Schedule to this Act, if the person had not included that amount in the statement forwarded to the Commissioner.

(2) The Commissioner shall give a receipt for the amount of the duty paid by a person in accordance with subsection (1) of this section, to that person. .

10. The principal Act is amended by adding a FL,ra.

section as follows-

99C. Every person who-

Offences.

(a)	has given a notice to the Commissioner pursuant to subsection (1) of section ninety-nine A of this Act; and
(b)	fails to comply with a requirement of subsection (1) of section ninety-nine B of this Act at any time before the notice is cancelled,

is guilty of an offence against this Act.

Penalty: Two hundred dollars and in addition to that penalty the person is liable to pay double the amount of the duty that would have been payable by him if he had complied with subsection (1) of section ninety-nine B of this Act. .

No. 67.]

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[1966.

S. 100	11.	Section one hundred of the principal Act is
amended.

amended by repealing subsection (1) and substitut-

ing the following subsections

Receipt duty

as between	(1) Where money has been received by a solicitor or agent on behalf of his client or principal who is resident in or carries on business in the State the solicitor or agent is not required to give a stamped receipt to the person who paid the money but the receipt to be given by the client or principal when the money is paid to him or accounted for by the solicitor or agent is subject to duty.
principal and
agent.
(la) Where money has been received by a solicitor or agent on behalf of his client or principal who is not resident in or carrying on business in the State, the solicitor or agent is required to give a stamped receipt to the person who paid the money but the receipt to be given by the client or principal when the money is paid to him or accounted for by the solicitor or agent is not subject to duty. .
S. 10/

repealed.

12.

Section one hundred and one of the principal

Act is repealed.

S 10/A

added.

13. The principal Act is amended by adding after

section one hundred and one a section as follows-

Stamp duty

chargeable	101A. Where a payment for goods supplied
on certain

note,	or services rendered in the State by a person
memoran-
dum or	therein, has been received or made outside the
acknowledg-
ment of	State

payment.	(a)	the payment shall be deemed to have been received by or made to the person; and
(b)	the person shall, within thirty-one days of the payment being so received or made, issue or cause to be issued to the person who made the payment, a note or memorandum acknowledging the amount of the payment, duly stamped with duty in accordance with this Act, as if it were a receipt.

Penalty: Twenty dollars. .

1966.]

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[No. 67.

13.120

14. Section one hundred and twenty of the

amended.

principal Act is amended

(a)	by adding after the word "Act" being the last word in paragraph (f) of subsection (1) the passage, ", or for the better securing of the revenue of the Crown as it may be affected by this Act"; and
(b)	by adding a subsection as follows

(3) The regulations may require that, in such cases as may be prescribed, docu- ments required by or under this Act to be lodged with the Commissioner shall be verified by statutory declaration or by affidavit made by such persons as may be prescribed and exempting any such statutory declaration from being charge- able with duty under this Act. .

15. The Second Schedule to the principal Act is Second

amended—

amended.

(a)	by substituting for the passage 110" in line two of paragraph (1) under the heading "Exemptions" following the head- ing "Agreement" the passage "$40";
(b)	by deleting the words "and is primarily used for residential purposes or is likely to be so used" in lines eleven, twelve and thirteen under the heading "Conveyance or Transfer";
(c)	by substituting for the passage

"Exemption.

Duplicate receipt given to the Crown or any

Government Department."

following the heading "Duplicate or

Counterpart" the following passage

"Exemptions.

Duplicate receipt.

Duplicate hire-purchase agreement.

Duplicate policy of insurance.";

No. 67.]

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[1966.

(d) by deleting the passage

The person

by whom the	"If for
instrument

is executed	$10 or upwards but not exceeding $200	0.03
or made.	Exceeding $200, for every $200 and for

every fraction of $200

.... 0.03"

immediately under the heading "Receipt."

and substituting the following passages

"Amounting to $10 or less

....

.... 0.03

Amounting to more than $10, for every $10

and every fractional part of $10

.... 0.03

if the receipt is given by

"person"	(a) (i) an oil company as defined in the
includes body

corporate.	Scheme formulated in relation to
Vide s. 4,	the State for the purposes of the
Act No. 30	States Grants (Petroleum Pro-
of 1918.	ducts) Act 1965 of the Common- wealth and which is a registered distributor in accordance with that Scheme in respect of the State;

(ii) the Western Australian Turf Club, the Western Australian Trotting Association or the Fremantle Trot- ting Club;

(iii) a person who is a licensed person as defined in section five of the Licensing Act, 1911, not being a person holding or entitled to exer- cise an eating house, boarding house or lodging house licence, billiard table licence or temporary or occasional licence under that Act;

(iv) a registered club within the mean- ing of section one hundred and eighty of the Licensing Act, 1911;

(v) a person who carries on the busi- ness of exhibiting any cinemato- graph film in a theatre to which the public is admitted on payment of money or by tickets or by any other means, token or considera- tion as the price to view the film.

Receipt amounting to $10 or less

....

. 0.02

Amounting to more than $10, for every $10 and every fractional part of $10

.... 0.02

if the receipt is given by

(b) (i) a bank as defined in section five of the Banking Act 1959 of the Par- liament of the Commonwealth as amended from time to time, in- cluding The Rural and Industries Bank of Western Australia but not including the Commonwealth Trad- ing Bank, the Commonwealth Sav- ings Bank and the Commonwealth Development Bank;

1966.]

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[No. 67.

(ii) a corporation that is registered under a law of the Commonwealth relating to life insurance or that carries on the business of accident insurance business or insurance business as defined in the Insur- ance Act 1932 of the Parliament of the Commonwealth as amended from tine to time, or fire insurance or any other insurance business including the State Government Insurance Office.

Receipt amounting to $10 or less	0.01
Amounting to more than $10, for every $10

and every fractional part of $10 ...

.... 0.01

if the receipt is given by

(c) (i) a company as defined in section five of the Companies Act, 1961 and a co-operative company registered under the Companies (Co- operative) Act, 1943-1959 or any corresponding previous enactment;

(ii) a person carrying on business in the State under a business name regis- tered under the Business Names Act, 1962;

(iii) a person occupying or using a place as a factory, shop or warehouse in respect of which place a certificate of registration has been granted under the Factories and Shops Act, 1963;

(iv) a person who is a medical practi- tioner as defined in section three of the Medical Act, 1894;

(v) a person who is a dentist as defined in section four of the Dentists Act, 1939,

not being a person referred to in or to whom paragraph (a) or (b) under the heading 'Receipt' applies.

Receipt amounting to $10 or more, for every

$10 and every fractional part of $10

0.01

if the receipt is given by any person not being a person referred to in and to whom paragraph (a), (b) or (c) under the heading 'Receipt.'

applies.";

(e)	by repealing paragraph (6) under the heading "Exemptions." following the heading "Receipt."; and

(f) by deleting the passage

The same duty as upon a con.

"Upon the amount or value of such veyance or trans•

fer on sale.

Property	Minimum	duty
one dollar."

No. 67.]

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[1966.

under the heading "Settlement, Deed of, or Deed of Gift—" and substituting the following passage

"Upon the amount or value of such property as

follows

Per

Centum.

Where the amount or value of the

property

does not exceed $2,000

....

Exceeds $2,000 but does not

exceed $10,000

....

Exceeds $10,000 but does not

exceed $20,000

....

Exceeds $20,000 but does not

exceed $30,000

....

Exceeds $30,000 but does not

exceed $40,000

....

Exceeds $40,000 but does not

exceed $50,000

Exceeds $50,000 but does not

exceed $60,000

Exceeds $60,000 but does not

exceed $70,000

....

Exceeds $70,000 but does not

exceed $80,000

....

10i

Exceeds $80,000 but does not

exceed $100,000

....

ilk

Exceeds $100,000 but does not

exceed $150,000

....

144

Exceeds $150,000 but does not

exceed $200,000 ....

194

Exceeds $200,000

....

22 .".