Stamp Acts Amendment Act of 1929 (20 Geo v No. 21) (Qld)

STAMPS. ~ - - - - - - ~ ~ - - - 20 GEO. V. No. 21,1929. Stamp Acts Amendment Act. -- --- ~~- -- - - ~ ---- - - - 12787 STAMPS. An Act to Amend" The Stamp Acts, 1894 to 1928," 20 N G o c . o 2 . l. V. in certain particulars. THID STAMP ACTS [ASSENTED TO 17TH DECEMBER, 1929.] A A~ C I T EN O D F M 1 E 9 N 2 ' 9 r . B E it enacted by the King's Most Excellent Majesty, ~ by and with the advice and consent of thE: Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Stamp Acts Short title Amendment Act of 19!W," and shall be read as one with : ~ ~ struction. *"The Stamp Acts, 1894 to 1928," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Stamp Acts, 1894 to 1929." Amendments of the Principal Act. 2. Section twenty-four of the Principal Act is Section 24. amended as follows:- (i.) Subsection four is repealed and a new subsection Subsection 4. is inserted in lieu thereof:- "(4.) If it is decided by the Court that the assess- ment of the Commissioner is erroneous, any excess of duty which may have been paid in conformity with the erroneous assessment, together with any fine or penalty which may have been paid in consequence thereof, shall be ordered by the Court to be repaid to the appellant, and with such costs or without costs as the Court may, as hereinafter provided, determine." (ii.) In subsection five, after the words "security Subsection5. for costs" the words "and with such other costs or without costs, as the Court may, as hereinafter provided, determine" are inserted. (iii.) A new subsection six is added to the said New sub. section, as follows:- section 6. "(6.) Provided that the Court shall have power to make such order for costs as it in its discretion tllinks fit, or it may in its discretion make no such order as to costs: "/< 58 Vie. No. 8, 4 Edw. VII. No. 14, and 9 Geo. V. No. 11, supra, page 8939; 17 Geo. V. No. 10, 8upra, page 11708; awl 19 Gco. V. No. 13, supra, page 12259.

12788 STAMPS. Stamp Acts Amendment Act. 20 GEO. V. No. 21, Provided further that the Court in its discretion, in awarding costs, whether to the appellant or the Com- missioner, shall have regard to the evidence furnished to the Commissioner before the assessment is made. And moreover the Court in awarding costs shall have regard to the extent to which the assessment of the Commissioner exceeds the amount of duty admitted by the appellant and the extent to which the assessment of the Commissioner is sustained or otherwise: Provided further that if the Court in its discretion orders that no costs shall be paid in respect of such appeal, the Court may make an order that the amount paid to the Commissioner by the appellant as security for costs shall be returned by the Commissioner to the appellant: Provided also that if the Court awards costs against an appellant in any appeal the amount paid by the appellant as security for costs shall be taken into account by the Court.". Section 31A. 3. Section 3lA of the Principal Act is amended as follows : - SubsectionS. (i.) The following paragraph is added to subsection eight of the said section :- " The provisions of this subsection shall not apply in respect of sales of stock or marketable security made by a registered broker in any case where the contract note issued to the purchaser in respect of each sale or subsale has been stamped by such registered broker with such proper ad valorem duty as is payable when a transfer of the stock or marketable security has been executed by the purchaser in respect of each sale or subsale, together with the duty which the instrument would attract as a contract note." Subsection 9. (ii.) In the definition of "contract note" in sub- section nine of the said section 3lA, the word "Queens- land" where it twice occurs is deleted and the words " the Commonwealth" are inserted in lieu thereof; also, the words "and is registered as such by the Commissioner in accordance with regulations under this Act" are repealed.

STAMPS. 12789 J929. Stamp Acts Amendrnent Act. 4. The following proviso is added to section thirty- Section 36. six of the Principal Act, namely :- "Provided that an order for the payment of money directed to a sugar milling company, or to a dairy company, or to an association registered under *" The Primary Producers' Co-operatil;e Associations Acts, 1923 to 1926," or any Act amending the same, or to any board constituted under t" The Primary Producers' Organisation and Marketing Acts, 1923 to 1928," or any Act amending the same, or under t"The Fruit Marketin!l Organisation Acts, 1923 to 1928," or any Act amending the same, or under § "The Wheat Pool Acts, 1920 to 1928," or any Act amending the same, or to any flour - lailling company pursuant to any agreement between any such company and the Board constituted under such last- mentioned Acts, or to any board constituted und'3r any law dealing with the destruction of dingoes and marsupials and pests generally, or any such 0ther like board or association or authority as the Governor in Council may from time to time by Order in Council determine, whether or not the said order is delivered to the person to whom the payment is to be made, or to any person on his behalf, or to the person by whom the payment is to be made, and whether or not any certain sum of money is named therein, the said order shall be deemed to be a bill of exchange payable on demand. ~ ' 5. The following proviso is added to subsection Section 53. five of section fifty-three of the Principal Act :-. " Provided that this subsection shall not apply to any conveyance or transfer of stock or marketable security in respect of a sale made by a registered broker where duty has been paid in accordance with the provisions of subsection eight of section 31A of this Act." 6. Section fifty-four of the Principal Act is amended Section 54 as follows :- (a) The following additional proviso is added to subsection three of the said section, namely:- "Provided further that the Commissioner shall exempt from the operations of this subsection any * 14 Geo. V. No. 45 and 17 Geo. v. No. 4, 8upra, pagos 10776 and 11652. t 17 Geo. V. No. 20 and 19 Geo. V. No. S, supra, pages, 11659 and 12222. t 14 Geo V. No. 39 and 16 Geo. V. No. 23, supra, pages 10766 and 11476. § 11 Geo. V. No. 4, 16 Geo. V. No. 26, 12 Geo. V. No. 25, and 19 Geo. V. No. 8, supra, pages 9513, 9849, 11239, 11246, 9636, and 12222.

12790 STAMPS. ~ ~ ~ ! dule. Starnp Acts rirnendrnent Act. 20 GEO. V. No. 21, -------_.- - - --- case where he is satisfied that any agreement for lease whereby an option or right of purchase 1.s created deals solely with respect to property intended for the purpose of a dwelling-house (and which dwelling-house is not used for the purposes of any trade or business), or any agreement whereby an option or right of purchase is created which is made with respect to property consisting solely of unimproved lands, to the intent in either case that such agreement shall not be deemed, for the purposes of this subsection, to be an agreement for the sale of the property concerned." (b) In subsection seven of the said section, the words "and such property has not been resold" are repealed. 7. The following amendments are made in the First Schedule to the Principal Act :- (i.) In the list of "Exemptions" set forth under the heading "AGREEMENT or any MEMORANDUM of an AGREEMENT," insert- " (8.) Agreement or Memorandum of an Agreement, the matter whereof is not of the value of twenty pounds." (ii.) In paragraph four of the heading "CONVEY- ANCE or TRANSFER," the words" and any amount paid or other consideration given for equality" are repealed. The following additional exemption is inserted under the heading "Exemptions" under the heading "CONVEYANCE or TRANSFER" namely : - "The gift from husband to wife conveyed by memorandum of transfer of an interest as joint tenant, in respect of land whereon is a dwelling house which was purchased under contract in the joint names of such husband and wife, and where the total value of the property so purchased does not f xceed the sum of eight hundred pounds." (iii.) After the heading" DUPLICATES or COUNTER- PARTS" the following provision is inserted : - "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 fleparate 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 inRtrument in respect of the several distinct matters therein concerned."

1929. STAMPS. Stamp Acts Amendment Act. (iv.) Before the heading "MORTGAGE of stock or marketable security, under hand only," insert the following paragraph :- "MERCANTILE BROKERS' CONTRACTS- £ 8. d. For value, for every £100 and also for every fractional part of £100 of the value .. 006 But not to exceed 5s. on any such instrument." (v.) The following additional exemption is inserted under the heading "POWER or LETT:F]R OF ATTORNEY or AUTHORITY," namely:-- " A letter of authority which merely aut,horises some person to receive wages or salary on behalf of the person giving the authority." And the word "Exemption" is altered to read " Exemptions" accordingly. 12791 STATE ADVANCES. See BANKS ( AGRICUL~URAL BANK). SUGAR WORKERS' PERPETUAL LEASE SELECTIONS. See LAND, CROWN. SUPERANNUATION, RAILWAY. See RAILWAYS. TOLLS. Sce LOCAL AUTHORITIES. See ROADS. TRADE UNIONS. See LABOUR (INDUSTRIAL CONCILIATION AND ARBITRATION). Bl