Stamp Act Amendment Act 1985 (Qld)

542 Qunuslaub ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 40 of 1985 An Act to amend the Stamp Act 1894 -1984 in certain particulars [ASSENTED TO 19TH APRIL , 1985]

Stamp Act Amendment Act 1985, No. 40 543 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Stamp Act Amendment Act 1985. (2) In this Act the Stamp Act 1894-1984, being the Stamp Act 1894- 1982 as amended by the Stamp Act Amendment Act 1984 and by the Stamp Act Amendment Act 1984 (No.2), is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Stamp Act 1894-1985. 2. Repeal of and new First Schedule . The Principal Act is amended by repealing the First Schedule and substituting the following schedule:- "FIRST SCHEDULE [s. 4] STAMP DUTIES ON INSTRUMENTS AGREEMENT OR CONTRACT accompanied with a deposit. See Mortgage, etc. and s. 65. AGREEMENT for a lease, or for any letting. See Lease and s. 62. AGREEMENT for sale of property. See Conveyance or Transfer. AGREEMENT or any MEMORANDUM of an AGREEMENT under hand only, and not otherwise specifically charged with any duty, whether the same be only evidence of a contract or obligatory upon the parties from its being a written instrument (see s. 32)- For value, for every $40 and also for every fractional part of $40 ............................. . In any other case Exemptions (1) Agreement, whether under hand only, or by deed, made in pursuance of The Workers' Compensation Acts 1916 to 1965. (2) Agreement made by any person and his employer with respect to his employment or the terms of his employment or otherwise for any purpose under any Wages Act in force or hereafter to be enacted, where the wages or salary payable under such agreement, if received for a year, would not exceed $30 000. Duty $0.05 (But not to exceed 50 cents on any such instrument) $0.25

544 Stamp Act Amendment Act 1985, No. 40 (3) An order for the supply of goods, wares, or merchandise (not being livestock), which is not in itself a binding agreement, and whether or not such order is followed by a formal acknowledgment thereof in writing or compliance therewith. (4) Correspondence in the ordinary course of business relating to advances which is followed by a duly stamped security. (5) Agreement or Memorandum of an Agreement, the matter whereof is not of the value of forty dollars. (6) Any instrument to which the provisions appearing under this heading are expressed to apply given or executed by a religious body, including the trustees of a religious body, as debtor. (7) Any agreement, letter or memorandum made for or relating to the sale in any retail establishment of any goods, wares or merchandise the value whereof does not exceed two hundred dollars and, in respect of any such transaction, any instrument guaranteeing payment of moneys at any time due and unpaid provided that the liability of the guarantor is for a specified sum not exceeding two hundred dollars. (8) In the case of a transfer of a right in respect of shares, any agreement by the transferee with the company or corporation concerned with respect to the acquisition by him of the shares the subject of the right. (9) Any instrument of indemnity executed by "the payee in favour of the drawer of a cheque in consideration of the drawer drawing a cheque in substitution for one that has been lost or destroyed before payment. AGREEMENT pursuant to Section 26 of the Retail Shop LeasesAct 1984 and not otherwise charged with any duty except duty under the "AGREEMENT or any MEMORANDUM of an AGREEMENT" head of charge in this Schedule- For value, for every $40 and also for every fractional part of $40 ............................. . $0.05 (But not to exceed 50 cents on any such instrument) In any other case ANNUITY- Conveyance in consideration of. See Conveyance or Transfer and s. 51. Purchase of. See Conveyance or Transfer and s. 56. Creation of, by way of security. See Mortgage , etc. and s. 67. $0.25

Stamp Act Amendment Act 1985, No. 40 545 APPLICATION for REGISTRATION or APPLICATION for TRANSFER of REGISTRATION of a motor vehicle- For every $100, and also for any fractional part of $100, of the value of the motor vehicle in respect of which the application is made Exemptions 1. Any application for registration of a motor vehicle made by a person who carries on the business of selling motor vehicles if the application is made by that person for the purpose of demonstrating such motor vehicle to prospective purchasers of motor vehicles of the make and model thereof and such motor vehicle has not been previously registered (whether in this State or elsewhere in the Commonwealth). 2. Any application for registration made by or application for transfer of registration to a licensed motor dealer, where the motor vehicle has been acquired in the course of and for the purposes of carrying on the business of such licensee. 3. Any application for registration made by, or application for transfer of registration to, an executor or administrator of or any person administering the estate of a deceased person if the application is made only for the purpose of the transfer of the motor vehicle to a person beneficially entitled thereto or for the purpose of the sale of the motor vehicle in the course of winding up the estate. 4. Any application for registration made by, or application for transfer of registration to, an owner who has repossessed the motor vehicle pursuant to a hire purchase agreement or an owner to whom the motor vehicle has been returned by the hirer voluntarily where the vehicle is the subject of a hire purchase agreement or upon the termination of a hiring agreement (not being a hire purchase agreement). 5. Any application for registration made by or application ransfer of registration to- (a) the Crown or any corporation representing the Crown or any department, sub-department, board or commission under the State Government; (b) Brisbane City Council, the Southern Electric Authority of Queensland, the Northern Electric Authority of Queensland, or any local authority, regional board for a region of electricity supply, harbour board, hospitals board, fire brigade board or ambulance brigade; $2.00 Provided that the duty on an application for transfer of registration to a person beneficially entitled under a will or intestacy shall be $2 irrespective of the value of the motor vehicle.

546 Stamp Act Amendment Act 1985, No. 40 (c) a foreign consul or a member of a foreign consulate staff if such person is a national of the country represented; (d) a primary producer, where the motor vehicle is of more than four tons load capacity and the primary producer makes a declaration under The Oaths Acts, 1867 to 1960, that he intends to use the motor vehicle solely in connexion with his business as a primary producer; (e) any other person or body to whom or which exemption is granted by the Governor in Council (it being hereby declared that the Governor in Council by Order in Council published in the Gazette may grant such an exemption or revoke any such exemption granted by him). In this paragraph the expression "primary producer" shall have the same meaning as is assigned to it in the regulations under The Main Roads Acts, 1920 to 1965. 6. Any application for transfer of registration which is made subsequent to the making, in respect of the same transaction, of another such application on which the duty payable under this Act has been duly paid. APPOINTMENT of a new trustee See also Conveyance or Transfer. $4.00 ASSIGNMENT- By way of security. See Mortgage, etc. Upon a sale or otherwise. See Conveyance or Transfer ASSURANCE- See Policies of Life Insurance. AWARD in any case in which an amount or value is the matter in dispute- Where no amount is awarded or the amount or value awarded does not exceed $100 Where the amount or value awarded- Exceeds $100 and does not exceed $200 ......... . Exceeds $200 and does not exceed $400 ......... . Exceeds $400 and does not exceed $1 000 ........ Exceeds $1 000 and does not exceed $1 500 ...... . Exceeds $1 500 and does not exceed $2 000 ........ For every additional $100, and also for any fractional part of $100 ........................... . $0.25 $0.50 $1.00 $2.00 $ 3.00 $4.00 $0.25

Stamp Act Amendment Act 1985, No. 40 BILL OF EXCHANGE OR PROMISSORY NOTE ( see ss. 36- 4--))- ( a) Payable on demand or at sight , or on presentation, or in which no time for payment is expressed . (b) Of any other kind whatsoever. . Exemptions Draft or order drawn by any bank in the State of Queensland upon any other bank in the State of Queensland, not payable to bearer or to order, and used solely for the purpose of settling or clearing any account between such banks. Letter written by a bank in the State of Queensland to any other bank in the State of Queensland, directing the payment of any sum of money, the same not being payable to bearer or to order, and such letter not being sent or delivered to the person to whom payment is to be made, or to any person on his behalf. Letter of credit granted in the State of Queensland authorizing drafts to be drawn out of the State of Queensland payable in the State of Queensland. All debentures, Treasury bills, and promissory notes for the payment of money, on demand, issued by the Government of Queensland. All bills of exchange or promissory notes issued by any bank for Government purposes to the Treasurer. All promissory notes for the payment of money on demand, issued within the State of Queensland by any bank or banking company legally incorporated and carrying on business in the said State. Subject to approval by the Treasurer of this exemption applying in the case of the agent in question and to that approval remaining unrevoked at the relevant time (it being hereby declared that the Treasurer may by notice published in the Gazette grant or revoke such an approval) all cheques drawn on a bank in the State of Queensland by the accredited agent of the government of a country outside the Commonwealth and so drawn by that agent in his capacity and for a purpose of his office as such agent. All cheques drawn on banks by any society registered under The Friendly Societies Acts, 1913 to 1963, any religious, charitable or educational corporation incorporated under The Religious, Educational, and Charitable Institutions Acts, 1861 to 1959, and The Religious, Educational, and Charitable Institutions Act of 1861 Amendment Act of 1895, any institution referred to in section 69A of this Act, or any other 547

548 Stamp Act Amendment Act 1985, No. 40 body or association of persons approved by the Governor in Council for the purposes of this exemption (it being hereby declared that the Governor in Council may by Order in '2ouncil, published in the Gazette grant or revoke such an approval). All cheques drawn on banks for the purposes of an Art Union approved by the Governor in Council for the purposes of this exemption by or on behalf of any person or persons engaged in conducting the Art Union and all cheques drawn on banks, being cheques in respect of which duty has not already been paid under this Act, received by any such person or persons for the purposes of such an Art Union (it being hereby declared that the Governor in Council may, by Order in Council, so approve of an Art Union if he is satisfied that the profits therefrom are to be applied solely for the benefit of a person or society whose cheques are exempt under the preceding paragraph of these exemptions, and may in like manner revoke such an approval). All cheques drawn by any religious body, including by the trustees of any religious body. All cheques drawn on any savings bank account with a bank carrying on business in Australia. Any instrument to which the provisions appearing under this heading are expressed to apply given or executed to secure a debt of a religious body. All orders for the making of any deduction from salary or wage payments. Any instrument that is solely a direction or authorization given to a trustee so that he might comply with the provisions of section 8 of the Trust Accounts Act1973-1978. Any instrument, being a bill of exchange or promissory note in respect of which the Commissioner is satisfied that it is drawn or made by a Commodity Board or a Marketing Board constituted under the PrimaryProducers' Organisation and Marketing Act 1926- 1979 or by a Primary Producers' Co-operative Association registered under the Primary Producers'Co-operative Associations Act 1923-1979 in connexion with obtaining an advance for the purpose of providing finance for the acquisition of a commodity or primary produce, or of making advances or other payments to its suppliers on account of a commodity or primary produce marketed on behalf of such suppliers, or of providing finance for working or other expenses incidental to the acquisition, processing or marketing of a commodity or primary produce.

Stamp Act Amendment Act 1985, No. 40 549 All cheques drawn on the Health Insurance Commission Medicare Benefits Account with a bank carrying on business in Australia. BILL OF LADING OR RECEIPT of or for any goods, merchandise, or effects to be carried beyond the State of Queensland (see s. 43)- Bill of Lading and each copy ................... . Receipt and each copy $0.10 $0.05 BILL OF SALE- Absolute. See Conveyance or Transfer. By way of security. See Mortgage, etc. and ss. 44, 45. BOND given as security for the due execution of an office and for the accounting for money received by virtue thereof where the amount secured exclusive of penalty exceeds $400 ........... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Ad valorem duty as in the case of mortgage, bond, debenture, and covenant. BOND , COVENANT, OR INSTRUMENT of any kind whatsoever- ( 1) Being the only or principal or primary security for any annuity ( except upon the original creation thereof by way of sale or security and except a superannuation annuity ) or for any sum or sums of money at stated periods, not being interest for any principal sum secured by a duly stamped instrument , nor rent reserved by a lease- For a definite and certain period, so that the total amount to be ultimately payable can be ascertained. The same ad valorem duty as a mortgage, bond, debenture, and covenant for such total sum. For the term of life or any other indefinite period- For every $10 and also for every fractional part of $10 of the annuity or sum periodically payable . . (2) Being a grant or contract for payment of a superannuation annuity, that is to say, a deferred life annuity granted or secured to any person in consideration of annual premiums payable until he attains a specified age, and so as to commence on his attaining that age- For every $10 and also for every fractional part of $10 of the annuity ....................... . $0.50 $0.10

550 Stamp Act Amendment Act 1985, No. 40 (3) Being a collateral or auxiliary or additional or substituted security for any of the abovementioned purposes, where the principal or primary instrument is duly stamped ........................... . The same duty as a mortgage, bond, debenture, and covenant of the same kind. Exemptions Any instrument to which the provisions appearing under this heading are expressed to apply given or executed to secure a debt of a religious body. Any agreement , letter or memorandum ( other than an instalment purchase agreement under and within the meaning of section 32A of this Act) made for or relating to the sale in any retail establishment of any goods, wares or merchandise the value whereof does not exceed two hundred dollars and, in respect of any such transaction , any instrument guaranteeing payment of moneys at any time due and unpaid provided that the liability of the guarantor is for a specified sum not exceeding two hundred dollars. Any instrument to which the provisions appearing under this heading are expressed to apply which, being made by an employer with an employee , relates solely to the employment by such employer of such employee and which does not relate in any respect to payment of any superannuation annuity. This exemption applies so as not to exempt any such instrument from any duty specified under any other heading in this Schedule. BOND or recognisance of any kind whatever not otherwise charged nor expressly exempted from all stamp duty ... . $4.00 CHARTER PARTY- When the Charter does not exceed $40 .. . When it exceeds $ 40 and does not exceed $200 ........ When it exceeds $200 $1.00 $1.50 $2.00 COMPANY AND CORPORATION CONSTITUTIONS- (a) Association to be incorporated in Queensland under the Companies ( Queensland ) Code- Memorandum of Association Articles of Association :............ . (b) Corporation to be registered in Queensland under the Companies (Queensland) Code- Copy Memorandum of Association for registration Copy Articles of Association for registration ...... . The duties payable under this heading may be denoted by adhesive stamps. $4.00 $4.00 $4.00 $4.00

Stamp Act Amendment Act 1985, No. 40 CONVEYANCE OR TRANSFER- (1) (a) Of property consisting solely of a Mortgat__ - ,r cif an interest in a Mortgage secured on land or land and improvements thereon , whether the conveyance or transfer is absolute or by way of security- For each mortgage to which the conveyance or transfer relates .............. . (b) Of property ( except stock or marketable security or right in respect of shares ) consisting of a chose in action created in relation to a mortgage over land or land and improvements thereon which chose in action is provided for in a trust deed , approved by the Governor in Council , which provides for the lending of money the repayment of which is secured by way of mortgage whether the conveyance or transfer is absolute or by way of security ....... . $5.00 $5.00 (2) By way of security of any property where paragraph (1) of this heading does not apply - See Mortgage, etc. ( 3) Of any stock or marketable security or right in respect of shares of any corporation , company or society which has a register in Queensland- (a) On sale for a consideration in money or money's worth of not less than the full unencumbered value of such stock or marketable security or right in respect of shares--- Where such consideration does not amount to $100, for every $25 and also for any fractional part of $25 of the consideration . . ....................... . Where such consideration amounts to $ 100 or more, for every $100 and also for any fractional part of $100 of the consideration ( b) For no consideration in money or money's worth or for a consideration in money or money's worth of less than the full unencumbered value of the stock or marketable security or right in respect of shares; or by way of division or exchange ; or under section 318 of the Companies ( Queensland) Code or section 42 of the Companies (Acquisition of Shares ) ( Queensland) Code- Where the full unencumbered value of the stock or marketable security or right in respect of shares does not exceed $100, for every $ 25 and also for any fractional part of $25 of such value ........... . Where the full unencumbered value of the stock or marketable security or right in respect of shares amounts to $ 100 or more , for every $100 and also for any fractional part of $100 of such value ... . Provided that the duty payable as aforesaid in respect of any conveyance or transfer made for the sole purpose of- $0.14 $0.60 $0.14 $0.60 551

552 Stamp Act Amendment Act 1985, No. 40 (i) carrying into effect any distribution under a will or in intestacy; or (ii) carrying into effect the terms of a settlement where duty has been paid at the ad valorem rate under the "SETTLEMENT, DEED OF GIFT OR VOLUNTARY CONVEYANCE" Head of Charge or under the "DECLARATION OF TRUST" Head of Charge in this Schedule on an instrument relating to the particular stock or marketable security or right in respect of shares and whereby the stock or marketable security or right in respect of shares became subject to such terms and the provisions of section 55B or 55C have not been applied for the purpose of calculating the amount of that duty; or (iii) transferring to a beneficiary his entitlement under the terms of a Declaration of Trust where duty has been paid at the ad valorem rate under the "DECLARATION OF TRUST" Head of Charge in this Schedule on an instrument relating to the particular stock or marketable security or right in respect of shares and whereby the stock or marketable security or right in respect of shares became subject to such terms and the provisions of section 55B or 55C have not been applied for the purpose of calculating the amount of that duty; or (iv) transferring to a transferee who had paid the purchase price for the stock or marketable security or right in respect of shares where the stock , security or right had been purchased by the transferor pursuant to authority conferred on him in writing executed by the transferee prior to the relevant contract or agreement for sale; or (v) effecting the retirement of a trustee or the appointment of a new or additional trustee where the Commissioner is satisfied- (a) that the trustee or remaining trustee is to hold upon the same trusts as the trust property had theretofore been held and that it is not intended to alter the terms of those trusts at any future time; and (b) that it is not part of a scheme whereby any benefit actual or potential may be conferred upon the new, additional or remaining trustee, or any other person , whether by operation of law or otherwise; and (c) where the trustee or remaining trustee is trustee for a trust or unit trust , that it is not intended to make any alteration to the beneficial ownership of the trust property ( whether by sale, issue , transfer or redemption of units or in any other manner); and

Stamp Act Amendment Act 1985, No. 40 (d) where the trustee or remaining trustee is a corporation, that it is not intended to make any alteration to the ownership of the stock or shares in such corporation; or (vi) transferring to a trustee stock or marketable security or right in respect of shares for the purpose only of giving effect to any trust or settlement and where, in relation to the entry of such stock or marketable security or right in respect of shares into the trust or settlement, duty has been paid upon any other instrument to an amount not less than the duty which would have been payable on the conveyance or transfer but for the provisions of this paragraph; or (vii) correcting an error in a previous conveyance or transfer of the same stock or marketable security or right in respect of shares where no additional consideration in money or money's worth is paid or payable and such instrument has the effect of altering the beneficial interest or interests to such extent only as may be necessary to effect the correction of such error; or (viii ) effecting a change in registered ownership from joint tenants to tenants in common or vice versa and which does not alter the value of the respective co-owners interests at the time of the conveyance or transfer; or (ix) conducting an art union for the benefit of any institution in Queensland engaged in the education of students in primary or secondary schools, or primary and secondary schools , or the University of Queensland or any constituent college thereof, or a rural training school, or any institution in Queensland ( as approved by the Minister) engaged in the relief of poverty or in the care of the sick, aged , infirm , afflicted or incorrigible persons or of children , where the prize for such art union is to be represented wholly or in part by the whole of the property conveyed or transferred or transferring such property to the winner of any prize in any such art union; or (x) transferring property which vested in the Public Curator pursuant to Part IV of the Public Curator Act 1915-1974, from the Public Trustee to a former prisoner or those exercising their legal entitlement to claim through him, shall not exceed ............................... $ 1.00 553

554 Stamp Act Amendment Act 1985, No. 40 Provided further that the duty payable in respect of conveyances or transfers made for the sole purpose of- (i) carrying into effect the terms of a settlement where duty has been paid at the ad valorem rate or at that rate no duty was payable under the "SETTLEMENT, DEED OF GIFT OR VOLUNTARY CONVEYANCE" Head of Charge or under the "DECLARATION OF TRUST" Head of Charge in this Schedule on an instrument relating to the particular property and whereby the property became subject to such terms; or (ii) transferring to a beneficiary his entitlement under the terms of a Declaration of Trust where duty has been paid at the ad valorem rate or at that rate no duty was payable under the "DECLARATION OF TRUST" Head of Charge in this Schedule on an instrument relating to the particular property whereby the property became subject to such terms, and for the purpose of calculating the duty payable thereon the property or part thereof was deemed pursuant to section 55B or 55C to have no value (iii) in the case where the property is being conveyed, transferred or assigned to a person other than a prescribed descendant within the meaning of those sections, shall be calculated on the full unencumbered value of the property and for the purposes of determining that value the assets (if any) of the company which the Commissioner is satisfied were not deemed to have no value at the time when that instrument was stamped shall be disregarded; (iv) in the case where the property being conveyed, transferred or assigned to a prescribed descendant within the meaning of those sections comprises wholly or in part property that is not prescribed family property within the meaning of either of those sections, shall be. . ................. . (A) an amount calculated on the full unencumbered value of the property or the part thereof that is not prescribed family property other than property (if any) that was not prescribed family property at the time when that instrument was executed: or (B) $4.00 whichever is the greater.

Stamp Act Amendment Act 1985, No. 40 For the purposes of provision (iv) of this proviso any property that consists of a share or a right in respect of shares in a family company shall be deemed to be prescribed family property only to the extent that assets held by the company comprise prescribed family property. For the purposes of provision (iv) of this proviso a share or a right in respect of shares in a family company shall be deemed to have a value- (i) equal to the value of its full unencumbered value; or (ii) at the option of any of the parties, equal to the value that it would have if the assets of the company consisting of assets that are not prescribed family property other than those assets (if any) that were taken into consideration as being not prescribed family property in calculating the duty that was paid on that instrument were the only assets of the company and the company had no liabilities. (c) Where- (i) shares are acquired with rights to further shares and ad valorem duty is paid on the transfer of the shares on the full value of the shares including the said rights; or (ii) shares are acquired and rights to further shares are attached to them after acquisition and ad valorem duty is paid on the value at the time of acquisition of the shares, any transfer executed to vest in the transferee such further shares shall be charged with duty calculated as aforesaid but not exceeding ................... . $1.00 555 (4) Of any property (except stock or marketable security or right in respect of shares)- (a) Upon a sale for a consideration in money or money's worth of not less than the full unencumbered value of the property- Duty calculated on the amount or value of the consideration at the rate specified in the following table- Not exceeding $20 000 $1.50 for every $100 and also for any fractional part of $100 of the value of the consideration.

556 Stamp Act Amendment Act 1985, No. 40 Exceeding $20 000 but not exceeding $50 000........ ! $300 plus $2.25 for every $ 100 and also for any frac- tional part of $100 of the value of the consideration in excess of $20 000. Exceeding $50 000 but not exceeding $100 000 $975 plus $2.75 for every $100 and also for any frac- tional part of $ 100 of the value of the consideration in excess of $50 000. Exceeding $100 000 but not exceeding $250 000 $2 350 plus $3.25 for every $100 and also for any frac- tional part of $ 100 of the value of the consideration in excess of $100 000. Exceeding $250 000 but not exceeding $500 000. . $7 225 plus $3.50 for every $100 and also for any frac- tional part of $100 of the value of the consideration in excess of $250 000. Exceeding $500 000 ........................... . $15 975 plus $3.75 for every $100 and also for any fractional part of $100 of the value of the consider- ation in excess of $500 000. Provided that where the property acquired is a prescribed principal place of residence, the duty payable under this paragraph (4) shall be- (i) for every $100 and also for any fractional part of $100 of the value of the consideration which, in the Commissioner's opinion, is reasonably attributable to the principal place of residence (irrespective of the total value of the consideration) ............... . (ii) on the balance of the value of the consideration $1.00 the duty which would have been payable under this paragraph (4) had the bal- ance of the value of the consideration been the total value of the consideration for the sale of the property and had the property been sold for a purpose other than as a principal place of residence.

Stamp Act Amendment Act 1985, No. 40 557 Provided further that where the property acquired is a prescribed first principal place of residence the duty payable shall be ......... . An amount equal to the difference between- (i) the amount of the duty that would, but for this proviso, be payable under this paragraph (a), including the fore- going proviso; and (ii) an amount equal to- (A) one-half of the amount of duty referred to in pro- vision (i) of this proviso; or (B) $300, whichever is the less. (b) In any other case to which paragraphs (1) and (2) do not apply Duty calculated on the full unencumbered value of the property at the rates spec- ified in the table contained in sub-paragraph (a) of this paragraph (4) including the first proviso thereto as if the words "value of the consideration" wherever they occur in that sub- paragraph and proviso were "full unencumbered value of the property" and as if the words "had the prop- erty been sold" in sub- paragraph (ii) of the prov- iso were "had the property been conveyed or transferred". Provided that the duty payable in respect of conveyances or transfers made for the sole purpose of (i) carrying into effect any distribution under a will or in intestacy; or

558 Stamp Act Amendment Act 1985, No. 40 (ii) carrying into effect the terms of a settlement where duty has been paid at the ad valorem rate under the "SETTLEMENT, DEED OF GIFT OR VOLUNTARY CONVEYANCE" Head of Charge or under the "DECLARATION OF TRUST" Head of Charge in this Schedule on an instrument relating to the particular property and whereby the property became subject to such terms and the provisions of section 55B or 55C have not been applied for the purpose of calculating the amount of that duty; or (iii) transferring to a beneficiary his entitlement under the terms of a Declaration of Trust where duty has been paid at the ad valorem rate under the "DECLARATION OF TRUST" Head of Charge in this Schedule on an instrument relating to the particular property and whereby the property became subject to such terms and the provisions of section 55B or 55C have not been applied for the purpose of calculating the amount of that duty; or (iv) transferring to a transferee who had paid the purchase price for the property where such property had been purchased by the transferor pursuant to authority conferred on him in writing executed by the transferee prior to the relevant contract or agreement for sale; or (v) effecting the retirement of a trustee or the appointment of a new or additional trustee where the Commissioner is satisfied- (a) that the trustee or remaining trustee is to hold upon the same trusts as the property had theretofore been held and that it is not intended to alter the terms of those trusts at any future time; and (b) that it is not part of a scheme whereby any benefit actual or potential may be conferred upon the new, additional or remaining trustee, or any other person, whether by operation of law or otherwise; and (c) where the trustee or remaining trustee is trustee for a trust or unit trust, that it is not intended to make any alteration to the beneficial ownership of the trust property (whether by sale, issue, transfer or redemption of units or in any other manner); and (d) where the trustee or remaining trustee is a corporation, that it is not intended to make any alteration to the ownership of the stock or shares in such corporation; or (vi) transferring to a trustee property for the purpose only of giving effect to any trust or settlement and where, in relation to the entry of such property into

Stamp Act Amendment Act 1985, No. 40 the trust or settlement, duty has been paid upon any other instrument to an amount not less than the duty which would have been payable on the conveyance or transfer but for the provisions of this paragraph; or (vii) correcting an error in a previous conveyance or transfer of the same property where no additional consideration in money or money's worth is paid or payable and such instrument has the effect of altering the beneficial interest or interests to such extent only as may be necessary to effect the correction of such error; or (viii) effecting a change in registered ownership from joint tenants to tenants in common or vice versa and which does not alter the value of the respective co- owners interests at the time of the conveyance or transfer; or (ix) conducting an art union for the benefit of any institution in Queensland engaged in the education of students in primary or secondary schools, or primary and secondary schools, or the University of Queensland or any constituent college thereof, or a rural training school, or any institution in Queensland (as approved by the Minister) engaged in the relief of poverty or in the care of the sick, aged, infirm, afflicted or incorrigible persons or of children, where the prize for such art union is to be represented wholly or in part by the whole of the property conveyed or transferred or transferring such property to the winner of any prize in any such art union; or (x) transferring property which vested in the Public Curator pursuant to Part IV of the Public Curator Act 1915-1974, from the Public Trustee to a former prisoner or those exercising their legal entitlement to claim through him; or (xi) transferring from a trustee of a superannuation scheme to a member of that scheme on his retirement from that scheme a policy of insurance on the life of that member; or (xii) transferring a policy of life insurance- (a) by the person whose life is assured thereunder to a trustee of a superannuation scheme; or (b) by a trustee of one superannuation scheme to a trustee of another superannuation scheme, where the life assured under the policy is the person entitled under the superannuation scheme to which the policy is transferred to receive the proceeds of the policy upon its maturity; or 559

560 Stamp Act Amendment Act 1985, No. 40 (xiii) transferring a lot under a building units plan or a group titles plan registered under the Building Unitsand Group Titles Act 1980-1984 where- (a) the transferor is a company; (b) the company is the person by whom the land comprised in the plan was held in fee-simple at the time of the registration of the plan; (c) the transferee is a person who surrendered his shares in the company for the purposes of obtaining the conveyance or transfer of the lot from the company; (d) the separate area which the lot comprises corresponds with the separate area which the transferee had a right to occupy immediately prior to surrendering his shares; and (e) the separate area which the lot comprises has been used for residential purposes immediately prior to the transferee surrendering his shares and will after registration of the plan and the conveyance or transfer of the lot to the transferee be used for residential purposes, shall be ................................... . $4.00 Provided further that the duty payable in respect of conveyances or transfers made for the sole purpose of- (i) carrying into effect the terms of a settlement where duty has been paid at the ad valorem rate or at that rate no duty was payable under the "SETTLEMENT, DEED OF GIFT OR VOLUNTARY CONVEYANCE" Head of Charge or under the "DECLARATION OF TRUST" Head of Charge in this Schedule on an instrument relating to the particular property and whereby the property became subject to such terms; or (ii) transferring to a beneficiary his entitlement under the terms of a Declaration of Trust where duty has been paid at the ad valorem rate or at that rate no duty was payable under the "DECLARATION OF TRUST" Head of Charge in this Schedule on an instrument relating to the particular property whereby the property became subject to such terms, and for the purpose of calculating the duty payable thereon the property or part thereof was deemed pursuant to section 55B or 55C to have no value- (iii) in the case where the property is being conveyed, transferred or assigned to a person other than a prescribed descendant within the meaning of those sections, shall be calculated on the full unencumbered value of the property or that part thereof which was deemed to have no value;

Stamp Act Amendment Act 1985, No. 40 in the case where the property being conveyed, transferred or assigned to a prescribed descendant within the meaning of those sections comprises wholly or in part property that is not prescribed family property within the meaning of either of those sections, shall be (A) an amount calculated on the full unencum- bered value of the property or the part thereof that is not pre- scribed family prop- erty other than property (if any) that was not prescribed family property at the time when that instru- ment was executed: or (B) $4.00 whichever is the greater. For the purposes of this proviso any property that consists of a right or interest of a beneficiary under a family unit trust scheme shall be deemed to be prescribed family property only to the extent that the property held by the unit trustees comprises prescribed family property. Exemptions All conveyances or transfers of lands to the Government for public purposes. Any grant from the Crown under the hand of the Governor of Queensland for the time being to any purchaser of Crown land in Queensland. Transfer under the Mining Acts of a claim or share in a claim where the consideration paid does not exceed $ 100. Transfer of a pastoral holding (not being a preferential pastoral holding) from the mortgagee to the mortgagor having the effect of a release of the mortgage. Any conveyance or transfer of property to any institution in Queensland engaged in the education of students in primary or secondary schools, or both; or to the University of Queensland or any constituent college thereof; or to a rural training school; or to any institution in Queensland (approved by the Minister for the purpose of this exemption) engaged in the relief of poverty, or in the care of sick, aged, infirm, afflicted or incorrigible persons or of children.

562 Stamp Act Amendment Act 1985, No. 40 All conveyances and transfers which; upon the incorporation of an association of persons (by whatever name called)- (a) formed with the object of- (i) providing recreation or amusement; or (ii) promoting religion, charity, patriotism or the arts; or (iii) attaining any other end useful to the community and approved by the Minister; and (b) whose constitution provides for the application of its funds to its objects and prohibits the distribution of any part of its funds or profits to its members, are necessary or expedient for the purpose of vesting in the incorportated body in its corporate name all property of which the association was beneficial owner immediately prior to its incorporation. Any conveyance or transfer of a license under The Land Acts, 1962 to 1965, to enclose a temporarily closed road, where the value of such license does not exceed $200. Any conveyance or transfer of property to a religious body, including to trustees upon trust for a religious body. Any contract note issued by a Queensland dealer as defined in section 31B of this Act in relation to the sale or purchase of any marketable security or right in respect of shares. Any conveyance or transfer of stock, debentures or bonds of any public statutory body constituted under the law of this or any other State or of any Territory of the Commonwealth. Any conveyance or transfer of land situated outside Queensland. Any conveyance or transfer of a corporate debt security. Any conveyance or transfer of property consisting of an annuity purchased for a bona fide lump sum cash consideration made on or after 27 November 1984. DECLARATION OF TRUST- Any instrument declaring that property vested or to be vested in the person executing the same is or shall be held in trust The same duty on the full value of such property as on the amount or value of the consideration for a conveyance or transfer on sale.

Stamp Act Amendment Act 1985, No. 40 Exemptions Any instrument in which the trust declared is a charitable trust only. Any instrument executed by any trustee or trustees of any association of persons- (a) formed with the object of- (i) providing recreation or amusement; (ii) promoting religion, charity, patriotism or the arts; (iii) attaining any other end useful to the community and approved by the Minister; and (b) whose constitution provides for the application of its funds to its objects and prohibits the distribution of any part of its funds or profits to its members, declaring that property vested or to be vested in him or them is or shall be held in trust for the purposes of that association in order to comply with the requirements of the Lands Department in respect of such vesting. DEED of any kind whatsoever not described in this Schedule.. $4.00 563 Exemption Any instrument of indemnity executed by the payee in favour of the drawer of a cheque in consideration of the drawer drawing a cheque in substitution for one that has been lost or destroyed before payment. DEPOSIT of title-deeds. See Mortgage. etc. and s. 65. DUPLICATES OR COUNTERPARTS of any instrument chargeable with duty- Where such duty does not amount to 50 cents ..... . The same duty as the original instrument. In any other case Provided that, notwithstanding the provisions of section fifteen. in any case where the duplicate or counterpart of an instrument contains or relates to several distinct matters, so that such instrument is construed as a separate instrument with respect of each of such matters, duty under this heading shall be chargeable on the duplicate or counterpart of such instrument as if it were only one instrument and not as if it were a separate instrument in respect of several distinct matters therein concerned. $0.50

564 Stamp Act Amendment Act 1985, No. 40 Exemption The duplicate or counterpart of any instalment purchase agreement. HIRING AGREEMENT- (1) Where the agreement is for a definite and certain period so that the total amount to be ultimately payable can be ascertained ................. . 0.43 per eentum of the total amount. Provided that in any case where the total duty calculated under this paragraph (1) includes a fraction of a cent the total payable shall be increased by an amount equal to the difference between that fractional part of a cent and one cent. (2) Where the agreement is for the term of any life or lives in being or for any other indefinite period it shall be deemed to be an agreement for the period of three years and chargeable accordingly under provision (1) appearing under this heading. Provided that where, within six months of the making of an agreement mentioned in this provision (2) which was made after the coming into force of section six of The Stamp Acts Amendment Act of 1968, that agreement is determined, a rebate of the duty charged pursuant to this provision (2) shall be made equal to the amount of the excess thereof over the amount of duty which would have been charged under provision (1) appearing under this heading if the agreement was for the period between the making and determination thereof. Exemption Any hiring agreement the amount received in respect of which is, pursuant to subparagraph (xi) of paragraph (a) of subsection (1) of section 35B of this Act required to be included in a statement prescribed by subsection (1) of that section to be delivered to the Commissioner. INSTALMENT PURCHASE AGREEMENT- Where the purchase price Does not amount to $20. Nil Amounts to $20 or more Provided that in any case where the total duty calculated under this provision includes a fraction of a cent the total duty payable shall be increased by an amount equal to the difference between that fractional part of a cent and one cent. 0.43 per centum of the purchase price.

Stamp Act Amendment Act 1985, No. 40 565 Exemptions Any instalment purchase agreement in which the vendor and the purchaser are persons engaged in the trade or business of selling goods of the same nature or description as the goods referred to in the agreement. Any credit purchase agreement for the purchase of goods together with- (i) real property; (ii) any estate or interest in real property; (iii) in the case of land held from the Crown for a leasehold estate, such leasehold estate or any lesser interest in such land; or (iv) any business or interest in a business. INSTRUMENT RE-CONSTITUTING OR VARYING SUPERANNUATION SCHEMES- Where the Commissioner is satisfied that upon the re-constitution or variation effected ( wholly or in part ) by the instrument the superannuation scheme is of a type approved for the purposes of section 61A. . .................................. LEASE OR AGREEMENT FOR LEASE or any document providing for the tenancy or occupancy of land, tenements or hereditaments- For every $100 and also for any fractional part of $100 of the total rental payable over the term of the tenancy or occupancy . For any transfer or cancellation of any lease, agreement for lease. or other instrument of a description referred to under this heading ................. . E.v-empt ion A lease. agreement or document as aforesaid made in respect of the tenancy or occupancy of premises as a private dwelling-house: For the purposes of this exemption, premises are not leased, tenanted or occupied as a private dwelling- house unless (a) they are used for the purpose of residence therein: and (b) they are not used for the conduct therein of any profession, trade, business or commercial venture. $20.00 $0.35 Provided that the mini- mum duty chargeable in any case shall be $4.00. conveyance on sale duty on any premium , fine, or other consideration (other than rent ) paid , and on any consideration paid for or the value of movable chattels taken over by the lessee from the lessor or the outgoing lessee.

566 Stamp Act Amendment Act 1985, No. 40 MERCANTILE BROKERS' CONTRACTS- For value, for every $100 and also for every fractional part of $100 of the value ...:........... . MORTGAGE of stock or marketable security, under hand only. See Mortgage, etc. $.0.03 (But not to exceed 75 cents on any such instrument) MORTGAGE, BOND, DEBENTURE. and COVENANT- (1) Any such security which is- (a) the only or principal or primary security; or (b) collateral, or auxiliary, or additional or substituted security, or security by way of further assurance, for the payment or repayment of money- (i) where the security is a prescribed short term debenture ............... Nil (ii) in any other case not exceeding $100 $0.40 for every additional $100 and also for any fractional part of $100 ....................... . $0.40 This provision does not apply to a security to which provision (2) appearing under this heading applies. (2) Any such security which is collateral, or auxiliary, or additional or substituted security, or security by way of further assurance, for the payment or repayment of money where the principal or primary security is liable to be and is stamped with the ad valorem duty imposed under provision (1) appearing under this heading $ 1.00 or the equivalent of the stamp duty paid in respect of the principal or primary security whichever is less. (3) Reconveyance, release, or discharge of any such security as aforesaid, or of the benefit thereof or of the money thereby secured $1.00 or the equivalent of the stamp duty paid in respect of the relevant security, whichever is less (4) Provision (1) appearing under this heading applies subject to this provision. Where the money to be paid or repaid is secured both on property in Queensland and on property out of Queensland duty shall be payable as prescribed by the said provision (1) in respect of the part amount only of the money which bears the same proportion to the total amount thereof as the value

Stamp Act Amendment Act 1985, No. 40 of the property in Queensland bears to the aggregate of the values of both the property in and the property out of Queensland. Where the money to be paid or repaid is secured wholly on property outside Queensland, duty payable shall be Where the money to be paid or repaid is not secured on property, but has been or will be applied partly in Queensland and partly out of Queensland, duty shall be payable as prescribed by the said provision (1) in respect of the part amount only of the money which the Commissioner is satisfied has been or will be applied in Queensland. (5) Where the duty specified by the provisions appearing under this heading has been charged upon any debenture in respect of the issue or any re-issue or renewal of such debenture for a term of less than one year, such duty shall not be again charged upon such debenture in respect of any subsequent re-issue or renewal thereof, within the period of one year commenced on and including the date of the issue, re-issue or renewal thereof in respect whereof duty was so charged, for a further term of less than one year. $1.00 Exemptions Any instrument to which the provisions appearing under this heading are expressed to apply given or executed for the purpose of carrying out its objects by a society under and within the meaning of The Co- operative Housing Societies Acts, 1958 to 1964, and so given or executed in respect of (a) any advance made or to be made to that society by the Treasurer of Queensland; or (b) any advance guaranteed by the said Treasurer made or to be made to that society by any bank, friendly society, or approved body. Any instrument to which the provisions appearing under this heading are expressed to apply given or executed to secure a debt of a religious body. Any debenture issued in respect of a loan borrowed by Brisbane City Council or a Local Authority or by any Crown corporation or instrumentality or corporation or instrumentality representing the Crown, or by any corporation or instrumentality created by statute to which the Governor in Council by Order in Council grants this exemption. 567

568 Stamp Act Amendment Act 1985, No. 40 Any instrument to which the provisions appearing under this heading are expressed to apply given or executed by any person or persons wholly or in part in respect of the purchase or erection of his or their principal place of residence- (a) where that part of the amount thereby secured or, in the case of two or more such instruments, of the aggregate of the amounts thereby secured which is attributable to the principal place of residence does not exceed 50 000-to the extent of that part; or (b) where that part of the amount thereby secured or, in the case of two or more such instruments, of the aggregate of the amounts thereby secured which is attributable to the principal place of residence exceeds $50 000- to the extent of $50 000 and no more. For the purpose of this exemption the amount attributable to the principal place of residence shall be the amount that bears the same proportion to the amount secured or, as the case may be, the aggregate of the amounts secured as the consideration for or the cost of erection of the principal place of residence bears to the total consideration for the property purchased or, as the case may be, to the total cost of erection of the structure which is to be the place of residence or of which the place of residence forms part. For the purpose of this exemption the expression "place of residence" has the meaning defined for it in section 55A. Any instrument to which the provisions appearing under this heading are expressed to apply and which is approved by the Governor in Council by Order in Council as an instrument to which this exemption applies given or executed to secure an advance made or to be made to a Commodity Board or a Marketing Board constituted under the Primary Producers' Organization and Marketing Act 1926-1973 or to a primary producers' co-operative association registered under the Primary Producers' Co-operativeAssociations Act 1923-1974 for the purpose of providing finance for the acquisition of a commodity or primary produce or of making advances or other payments to its suppliers on account of a commodity or primary produce marketed on behalf of such suppliers or of providing finance for working or other expenses incidental to the acquisition, processing or marketing of a commodity or primary produce.

Stamp Act Amendment Act 1985, No. 40 569 POLICIES OF LIFE INSURANCE- When the sum insured- Exceeds $100 but does not exceed $200 Exceeds $200 but does not exceed $2 000 for every full sum of $100 and also for every fractional part of $100 of the amount insured Exceeds $2 000-For the first $2 000 thereof at the rate prescribed for a policy not exceeding $2 000, and for every $100 or fractional part thereof exceeding $2 000 .................................. $0.10 $0.05 $0.10 Exemption Life policies not exceeding $100. POLICIES OF INSURANCE (other than Policies of Life Assurance and Policies of Accident Insurance issued under the Workers' Compensation Act 1916-1973)- (1) Certificate or policy of insurance for accidental bodily injury (fatal or non-fatal) to any person issued under The Motor Vehicles Insurance Acts, 1936 to 1963, and the regulations thereunder- Upon the first issue and upon every renewal thereof ............. . Provided that the duty payable on a temporary or term assurance policy shall be $5.00 per centum of the first year's premium. $0.10 (2) Upon every policy of insurance in respect of plate glass- (i) for any dwelling ....................... . (ii) for other than a dwelling ................. . (3) Tourist and Travellers' Special Policy (other than for air travel) for any one tour where the period of the tour does not exceed seven days $0.05 $0.10 $0.03 (4) In respect of any policy of insurance indemnifying the insured against legal liability for accidental bodily injury (fatal or non-fatal) to any person or for damage caused by, through or in connection with a caravan trailer or trailer or power boat or public risk ... . Duty shall be chargeable as prescribed by provision (8) appearing under this head- ing, but such duty shall not exceed $2.00. (5) In respect of marine open policies under which declarations are made- For each $100 or part of $100 of the total amount insured ................. . $0.07

570 Stamp Act Amendment Act 1985, No. 40 (6) In respect of every policy of insurance relating to any motor vehicle or indemnifying the insured against legal liability for accidental bodily injury (fatal or non-fatal) to any person or for damage caused by, through or in connection with a motor vehicle- upon every policy and every renewal of a policy of insurance- For every $1 and also for any fractional part of $1 of the net premium payable thereon ....... . In this provision (6) the expression "net premium" means that amount assessed as payable after deducting from the premium otherwise payable all rebates, bonuses and profit distributions made by the insurer. (7) Policies of reinsurance by one insurer with another insurer (8) In respect of all other policies- (a) upon every policy and every renewal of a policy of insurance for a term of one year or less- .$0.05 0.10 For every $100 or fractional part of $100 of the total amount insured (b) upon every policy and every renewal of a policy of insurance for a term of more than one year- In respect of each year and also of any fractional part of a year in such term, for every $100 or fractional part of $100 of the total amount insured Provided that- (a) In the case of a houseowners and householders policy where the insurer certifies that no separate premium is charged in respect of an indemnity against legal liability for third party damage to person or property, no duty shall be charged in respect of that indemnity. (b) In respect of any policy of fire insurance, the duty on the first issue or on any renewal or continuance of the policy, and in respect of any policy of accident insurance, the duty on any renewal or continuance of the policy may be paid and denoted in the manner prescribed by regulations under this Act. (c) The duty upon- (i) A marine insurance policy issued in Queensland; and (ii) A plate glass policy; and (iii) A tourist and travellers' policy, may be denoted by adhesive stamps. $0.07 $0.07

Stamp Act Amendment Act 1985, No. 40 (d) In the case of any policy to which provision (8) appearing under this heading applies which, in any period of one year, is renewed more frequently than once at regularly recurring intervals of time, duty shall not be charged in respect of any renewal thereof effected within one year after the first issue or after any renewal on which duty shall have been paid. (e) Where there is included in or annexed to any policy of life assurance any provision for the payment of an additional capital sum on the death by accident of the assured or in the event of his suffering some disablement- (i) Where the premium payable in respect of the life assurance and that payable in respect of the said provision are separately stated in the policy; or (ii) Where the premium stated in the policy is payable in respect of the life insurance and the said provision, but the insurer endorses on the policy the part of that premium actuarily attributable to that provision, the duty payable annually in respect of that provision shall not exceed five per centum of the annual premium or part premium or of the annual aggregate of other periodical premiums or part premiums payable in respect of that provision. (f) The duty upon a policy in respect of a television installation which does not cover any property or risk, other than the television installation and the legal liability of the insured for accidental bodily injury (fatal or non-fatal) to any person or for damage caused by, through or in connection with the television installation, shall be 50 cents. (g) In respect of any policy of insurance chargeable with duty under provision (4), (5), or (8) appearing under this heading, the duty payable on the first issue and every renewal shall not exceed- (i) (in the case of a policy specified in paragraph (d) of this proviso) 25 per centum of the net premium which assessed proportionately would have been payable if such policy had been issued or renewed for a period of twelve months; and 571

572 Stamp Act Amendment Act 1985, No. 40 (ii) (in the case of any other policy) 25 per centum of the net premium payable in respect of the issue or renewal in question, and the duty shall where necessary be reduced and payable accordingly. In this paragraph "net premium" means that amount assessed as payable after deducting from the premium otherwise payable all rebates, bonuses and profit distributions made by the insurer and includes any amount payable pursuant to the Fire Brigades Act 1964-1977, whether it is paid to the insurer or not, which amount, where it relates to more sums insured than one, shall be apportioned rateably to each policy according to the sum insured under that policy but to the extent only that such amount or, as the case may be, rateably apportioned amount, exceeds 0.1 per centum of the sum insured under the policy to which it relates. (h) In respect of any policy of insurance chargeable with duty under provision (5) or (8) appearing under this heading, where the total duty calculated thereon includes a fraction of a cent, then the total duty payable shall be increased by an amount equal to the difference between that fractional part of the cent and one cent. (i) In respect of any policy of insurance insuring the insured against any loss in respect of a loan made, or proposed to be made, by the insured to finance the purchase or erection of a residential building and secured or to be secured by a first mortgage over the building in question the duty payable shall be five per centum of the total premium. In this paragraph the expression "residential building" means a dwelling house, a home unit or a building for human habitation comprising home units, two or more flats, or a double unit dwelling house or other multiple dwelling but does not include a hotel, motel, boarding house, lodging house, or building containing business premises. POLICIES OF ACCIDENT INSURANCE under The Workers' Compensation Acts, 1916 to 1965- On every return of premiums charged made pursuant to section 47B of this Act.. For every $100, or part of $ 100, of the aggregate of the premiums charged ................ $ 5.00

Stamp Act Amendment Act 1985, No. 40 POWER OR LETTER OF ATTORNEY OR AUTHORITY or other instrument in the nature thereof- (1) For the receipt of the dividends or interest of any stock of any British , foreign, or colonial company, corporation , or society- Where made for the receipt of one payment only In any other case ........................... . (2) Of any kind whatsoever not hereinbefore described, or of any duplicate thereof ................. . The duties payable under this heading may be denoted by adhesive stamps. $0.10 $0.50 $4.00 Exemptions An appointment in writing for the sole purpose of appointing or authorizing a proxy to vote at any one meeting at which votes may be given by proxy. An appointment in writing of an agent to act for an applicant in connexion with an application for- land to be held as a selection under the Land Act 1962-1978; any right, title or interest in land under the Mining Act 1968-1976; a miner's homestead under the Miners' Homestead Leases Act 1913-1976. An appointment in writing of a registered bailiff under and for the purposes of the Land Act 1962-1978. An appointment or engagement under the Auctioneersand Agents Act 1971-1977. A letter of authority which merely authorizes some person to receive wages or salary on behalf of the person giving the authority. Order, request, or direction, under hand only, from the proprietor of any stock or shares to any corporation, or to any officer of any corporation, or to any banker, to pay the dividends or interest arising from the stock or shares to any person therein named. Any instrument that is solely a direction or authorization given to a trustee so that he might comply with the provisions of section 8 of the Trust Accounts Act1973-1978. RELEASE or RENUNCIATION of any property, or any right or interest in any property- Upon a sale. See Conveyance or Transfer. By way of security. See Mortgage, etc. 22 573

574 Stamp Act Amendment Act 1983, No. 40 Renunciation of a right to take up shares in any company, corporation or society, whether such renunciation is in favour of any other person or- not . . . . See Conveyance or Transfer. In any other case :.. REQUEST under the provisions of the REAL PROPERTY ACTS- For the registration or entering of transmission ..... . For the registration or entering of record of death . . Of any other kind not otherwise stamped ......... . SETTLEMENT, DEED OF GIFT OR VOLUNTARY CONVEYANCE- Any instrument being a settlement, deed of gift or voluntary conveyance (not being the appointment merely of a new trustee) of any property containing any trust, or a declaration of trust having the effect of such a settlement, deed or conveyance- (a) Where the whole or a part of the property dealt with by the instrument is of the nature specified in paragraph (3) under the heading "CONVEYANCE OR TRANSFER" in this Schedule .............................. $4.00 $4.00 $4.00 $1.00 Duty on the full unencum- bered value of the property or such part of the property at the rates specified in subparagraph (a) of that paragraph (3) as if those rates were therein pre- scribed in relation to full unencumbered value in lieu of consideration (b) Where the whole or a part of the property dealt with by the instrument is of a nature of any other kind. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Duty on the full unencumbered value of the property or such part of the property at the rates specified in subparagraph (a) of paragraph (4) under the heading "CONVEYANCE OR TRANSFER" in this Schedule as if those rates were therein prescribed in relation to full unencumbered value in lieu of value of consideration.".