Stamp Act Amendment Act 1970 (WA)
| No. 102.] | Stamp. | [1970. |
STAMP.
No. 102 of 1970.
AN ACT to amend the Stamp Act, 1921-1970, and to repeal certain provisions thereof.
[Assented to 8th December, 1970.]
BE it enacted by the Queen's Most ExcellentMajesty, 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:—
Short title
| and citation. | 1. (1) This Act may be cited as the Stamp Act |
Amendment Act, 1970.
Reprinted
| as approved | (2) | In this Act the Stamp Act, 1921-1970, is |
| for reprint |
| 27th August, | referred to as the principal Act. |
| 1968, es |
| amended by Acts Nos. 54 of 1968, | (3) | The principal Act as amended by this Act |
| 113 of 1960 |
| and No. 21 | may be cited as the Stamp Act, 1921-1970. |
| of 1970. |
| 1970.] | Stamp. | [No. 102. |
Repeal and
| 2. (1) On the first day of January, nineteen hundred and seventy-one | commence- ment of | |
|
| (a) | section 96 of the principal Act as amended by this Act, sections 97, 98 and 99D of the principal Act and section 99 of the principal Act as so amended, shall be repealed; |
| (b) | the heading "RECEIPT." and the provi- sions under that heading as inserted in the Second Schedule to the principal Act by this Act, shall be repealed; and |
| (c) | sections 3, 4, and paragraph (b) of section 12, sections 13, 14 and paragraph (a) of section 15 of this Act shall come into opera- tion. |
(2) Sections 5, 6, 7, 8, 9, 10 and 11 and paragraph (b) of section 15 of this Act, shall be deemed to have come into operation on the first day of October, nineteen hundred and seventy.
(3) Paragraphs (a), (c), (d) and (e) of section 12 of this Act shall be deemed to have come into opera- tion on the first day of July, nineteen hundred and seventy and any declaration made by the Treasurer of the State pursuant to the principal Act as amended by any such paragraph, may be declared to have effect on or after that date.
| (4) | Without prejudice to the operation of the trnitee°11 |
provisions of the Interpretation Act, 1918, to this reettaital
Act and the principal Act the provisions of sections 15 and 16 of the Interpretation Act, 1918, apply in respect of the repeals effected by this Act.
3. The proviso to subsection (1) of section 21 tomserV.ment
| of the principal Act is amended by deleting the (General as | to cancella- |
| passage "a receipt," in line three thereof. | tion ofadhesive stamps.) |
| 4. | Section 27 of the principal Act is amended to13e | . rent |
II4atisptirIllyments
by deleting the words "in the case of a receipt or"
stamped in-
| in line one. | admissibleexcept in | |
|
| No. 102.] | Stamp. | [1970. |
Amendment
| to s. 96. | 5. Section 96 of the principal Act is amended |
| (Inter- pretation.) |
| (a) | by deleting the subsection designation "(1)" in line one; |
| (b) | by adding after the word "paid" in line |
four of paragraph (a) of subsection (1) the
| passage "for or on account of salaries, wages or pensions"; | |
| (c) | by adding after the word "demand" where appearing in line one and again in line two of paragraph (b) of subsection (1) the passage "for or on account of salaries, wages or pensions", in each case; and |
(d) by repealing subsection (2).
| Amendment | 6. Subsection (4) of section 99 of the principal |
| t | o s. 99. |
(Penalty for Act is repealed.
| ( | P | ||
| offences.) | |||
| pealed. | |||
| |||
| (Power to elect to pay duty otherwise than by Payment of receipt duty.) | |||
| S. 99B re- | |||
| |||
| (Require- ments where notice of election given.) | |||
| S. 99C re- | |||
| |||
| (Offences.) | |||
| S. 100 re- | |||
| |||
| (Receipt duty as between principal and agent.) | |||
| pealed. | |||
| |||
| (Stamp duty chargeable on certain note, memoran- dum or acknow- ledgment of payment.) |
| 1970.] | Stamp. | [No. 102. |
12. Section 1121 of the principal Act is amended— Me. 111rnt
(Interpre-
| (a) | by substituting for the words "at a simple taticl" |
annual rate of nine per centum per annum on the amount of the credit provided under the arrangement and from time to time out- standing" in lines fifteen to nineteen inclusive of the definition "credit arrange- ment" the words "on the amount of credit provided under the arrangement and from time to time outstanding at a rate per centum per annum declared from time to time by the Treasurer of the State by instrument in writing published in the Government Gazette which rate shall not be less than nine per centum per annum";
| (b) | by adding after the passage "applies;", in the last line of paragraph (b) of the definition "credit business", the passage |
or
| (c) | the business of making loans to its members of a body known as a credit union that is registered under the Co-operative and Provident Societies Act, 1903; ; |
by substituting for the words "nine per
| (c) | centum per annum" in lines three and four of paragraph (c) of the definition "discount transaction" the words "the rate per cen- tum per annum declared from time to time by the Treasurer of the State by instrument in writing published in the Government Gazette which rate shall not be less than nine per centum per annum"; |
| (d) | by substituting for the words "nine per centum" in the last two lines of the defini- tion "loan" the words "the rate per centum per annum declared from time to time by the Treasurer of the State by instrument in writing published in the Govenment Gazette which rate shall not be less than nine per centum per annum"; and |
| No. 102.] | Stamp. | [1970. |
| (e) | by substituting for the words "nine per centum per annum" in the last line of para- graph (b) of subsection (4) the words "the rate per centum per annum declared from time to time by the Treasurer of the State by instrument in writing published in the Government Gazette which rate shall not be less than nine per centum per annum". |
Amendment
| to s. 112K. | 13. Subsection (5) of section 112K of the prin- |
| to be lodged | (Statements | cipal Act is amended by substituting for the defini- |
| with the | tion "housing loan" in paragraph (a) thereof, a | |
| Commis- | ||
| sioner by | definition as follows | |
| registered |
| persons.) | "housing loan" means a loan- |
(i) that the borrower has declared, by statutory declaration in the pre- scribed form, to have been obtained for the purpose of defraying the whole or part of the cost of the construction or acquisition of a house or flat that is occupied or intended to be occupied by the borrower for residential purposes or of defraying the whole or part of the cost of land on which the borrower intends to have constructed a house or flat to be occupied by him for residential purposes; and
(ii) the repayment of which is secured by a mortgage of that house or flat or of the land on which it is or is being constructed or on which the house or flat is intended to be constructed or which is to re-finance any such loan and which loan when re- financed is secured by a mortgage of that house or flat or land; .
Amendment
| to s. 120. | 14. Paragraph (c) of subsection (1) of section |
120 of the principal Act is repealed.
| tions | (Regina |
| 1970.] | Stamp. | [No. 102. |
| 15. The Second Schedule to the principal Act Am | to (pigment |
| Second |
| is amended— | Schedule, |
| (a) | by deleting the passage "Duplicate receipt." under the heading "Exemptions." following the heading "DUPLICATE or COUNTER- PART"; and |
| (b) | by repealing the heading "RECEIPT." and the provisions under that heading, includ- ing those under the heading "Exemptions.", and substituting therefor the following heading and provisions |
RECEIPT.
| Amounting to $10 or more, for every $10 and frac- tional part of $10 | 0.01 . |
0
0
0