Stamp Acts Amendment Act of 1958 (7 Eliz Ii No. 44) (Qld)

698 SOCIETIES—STAMP DUTIES. Stamp Acts Amendment Act . 7 Euz. II. No. 44, Amendments 10. Subrule six of rule twelve of the Third Schedule oSfchTehdiurdle. to the Principal Act is amended by repealing the proviso to the first paragraph thereof (being the part of that subrule commencing with the words “ Provided that ” and ending with the words “ shall be paid to the person concerned ”) and inserting, in lieu of that repealed proviso, the following proviso :— “ Provided that where the Registrar is satisfied— (a) That the person concerned has, consequent on a valuation or valuations (including any valuation or valuations made before the enactment of this proviso) revealing a deficiency or deficiencies in the Fund, accepted payments of claims on the Fund at amounts less than those to which that person would otherwise be entitled ; and (b) That the acceptance of such lesser amounts has contributed, in whole or in part, to a surplus in the Fund, the Registrar may, before making such notification in relation to any subsequent valuation (whether made before or after the enactment of this proviso) which reveals a surplus, certify to the Board of Trustees, according as he deems fit and proper in all the circumstances, that so much of such surplus as is required to pay, in whole or in part, the amounts (or in the case of the second or any succeeding such subsequent valuation, the balance not theretofore paid pursuant to this proviso of the amounts) not paid, by reason of the aforementioned acceptance, shall be paid to the person concerned.” STAMP DUTIES. 7 NEoii. z4. 4I. I. An Act to Amend "The Stamp Acts, 1894 to 1956," T he S tamp A mendment in certain particulars. A ct of 1958. [A ssented to 3 rd D ecember , 1958.] Short title. Principal Act. Collective title. E it enacted by the Queen’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. (1.) This Act may be cited as “ The Stamp Acts Amendment Act of 1958.” (2.) *“ The Stamp Acts, 1894 to 1956,” are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Stamp Acts, 1894 to 1958.” * 58 V. No. 8 and amending Acts.

STAMP DUTIES. 699 1958. Stamp Acts Amendment Act. 2. Section two of the Principal Act is amended Amendment by repealing, in the definition of the expression ° 8' ‘ “ Commissioner ” therein, the words “ Chief Deputy Commissioner ”, and inserting, in lieu of those repealed words, the words, “ Assistant Commissioner of Stamp Duties 3. Section five of the Principal Act is amended— Amendments (a) By inserting, before the words “ such Deputy Commissioners of Stamp Duties ”, where appearing in the first paragraph thereof, the words “ an Assistant Commissioner of Stamp Duties and ” ; and (b) By repealing the last paragraph thereof and inserting, in lieu of that repealed paragraph, the following paragraph:— “ Any reference in any other Act to the Chief Deputy Commissioner of Stamp Duties shall be read as referring to the Assistant Commissioner of Stamp Duties.” 4. Section seven of the Principal Act is amended Amendment by repealing the words “each Deputy Commissioner > of s-67- and inserting, in lieu of those repealed words, the words “ the Assistant Commissioner of Stamp Duties, and each Deputy Commissioner of Stamp Duties 5. Section ten of the Principal Act is renumbered Amendment subsection one of that section and, as so renumbered, of s-10' is amended by adding thereto the following subsection :— .“( 2 .) The Commissioner of Stamp Duties or any officer duly authorised by him or any witness on his behalf shall not be required to produce in court any return, declaration, valuation, statement, requisition, assessment, notice or any other document or disclose to any court the fact that he has received any information or the nature thereof or the name of any person who gave such information or any matter or thing coming under his notice in the performance of his duties under this Act except when it is necessary so to do for the purpose of carrying into effect the provisions of this Act.” 6. Section thirteen of the Principal Act is amended— Amendments (a) By repealing the words “ except where express ‘ ‘ provision is made to the contrary ” ; and

700 STAMP DUTIES. Stamp Acts Amendment Act. 7 E liz . II. No. 44, (b) By adding thereto the words “ except where a provision of this Act or of any Order in Council or regulation expressly provides for denoting the same otherwise than by impressed stamps ”. Amendment 7. Subsection one of section seventy of the Principal of s. 70 (i). ^cjj js amended— (а) By repealing the words “ amounting to two pounds or upwards ”, where those words appear twice in that subsection, and by inserting, in lieu of those repealed words, where so repealed twice, the words “ exceeding five pounds ” ; and (б) By repealing therein the words “ of the amount of two pounds or upwards ” and by inserting, in lieu of those repealed words, the words “ exceeding five pounds Amendments 8, The First Schedule to the Principal Act is of First _ v *« Schedule, amended— (а) By adding to the exemptions appearing under the heading “ Conveyance or Transfer ” the following exemption, namely :— “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 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.” ; (б) By adding to the provisions appearing under the heading “ Mortgage, Bond, Debenture, and Covenant ” the following provision and exemption:— “5. 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 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 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.

STAMP DUTIES. 1958. Stamp Acts Amendment Act. Exemption. 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 Act of 1958,” 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. This exemption shall apply to instruments as aforesaid executed on or after the first day of July, one thousand nine hundred and fifty-eight, and shall operate retrospectively accordingly.” ; (c) By adding to the exemptions appearing under the heading of “ Power or Letter of Attorney or Authority or other instrument in the nature thereof ”, the following exemption :— “ 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.” ; (d) By repealing the provisions appearing under the heading “ Receipt—Given for or on the payment of money ” specifying the duties payable under that heading (that is to say all words, symbols and figures appearing under that heading before the word “ Exemptions ”) and inserting, in lieu of those repealed provisions, the following provisions:— £ s. d. “ Exceeding £5, but not exceeding £50 ..0 0 2 Exceeding £50, but not exceeding £100 .. 0 0 3 Exceeding £100: For every £100 or fractional part thereof .. .. ..0 0 3.” ; and (e) By adding to the exemptions appearing under the heading “ Receipt—Given for or on the payment of money ” the following exemption :— “ Receipt given by any religious institution in Queensland or by any non-profit organisation in Queensland (approved by thel Treasurer for the purpose of this exemption) engaged in the conduct of any hostel for the care of students attending any primary or secondary school for any payment made to it for or in respect of a student whether for tuition, board and lodging, or sporting, or other activities whatsoever.” STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION. See W orks . 701