Stamp Acts and Another Act Amendment Act of 1966 (Qld)

110 1?EEITS^iT2i^ ANNO QUINTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 15 of 1966 An Act to Amend "The Stamp Acts, 1894 to 1965," to make further Provision with respect to the Payment of Duty on Sales and Purchases of Marketable Securities, and in other particulars, and to Amend "The State Government Insurance Office (Queensland) Acts, 1960 to 1965" in a certain particular [ASSENTED TO 12TH DECEMBER, 1966] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and conser* of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. (1) Short title. This Act may be cited as " The Stamp Acts and Another Act Amendment Act of 1966." (2) Principal Act. "The Stamp Acts, 1894 to 1965 " are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and, save section fifteen hereof, this Act may be collectively cited as " The Stamp Acts, 1894 to 1966."

Stamp Acts and Another Act Amendment Act of 1966, No. 15 111 2. Commencement . (1) Section twelve and paragraph (b) of section fourteen of this Act shall come into operation on the third day of January, cne thousand nine hundred and sixty-seven: Provided that the Commissioner of Main Roads may register without requiring payment of the duty thereon an application for registration or an application for transfer of registration in respect of a motor vehicle where the said Commissioner is satisfied that the application together with the prescribed fee and all things prescribed by the regulations under " The Main Roads Acts, 1920 to 1965," to accompany it had, prior to the third day of January, one thousand nine hundred and sixty-seven, been duly forwarded to him or to a person to whom the applicant was authorized by the said regulations to deliver it. (2) Sections four, five, six, eleven and paragraphs (c), (d) and (g) of section fourteen of this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. (3) Subparagraphs ( ii), (iii ), (iv), (v), (vi) and (vii) of paragraph (e) of section fourteen of this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. (4) The provisions, other than those specified in subsections (1), (2) and (3) of this section, of this Act shall come into operation on the day on which the Governor gives his assent hereto for and on behalf of Her Majesty. 3. Amendment of s. 2. Section two of the Principal Act is amended by- (a) omitting the definition of the expression " Marketable Security ", and inserting in its stead the following definition:- The expression " Marketable security " means- (a) any stock or share of any local authority or other corporation or company or society; (b) any debenture, debenture stock, bond, note or other security of a Government or of any local authority or other corporation, company or society, whether constituting a charge on the assets of the Government, local authority or other corporation, company or society or not; and (c) any right or interest (whether described as a unit or subunit or otherwise) of a beneficiary under a unit trust scheme;"; and (b) adding the following definitions:- The expression " Application for registration " means the application prescribed by the regulations under " The Main Roads Acts, 1920 to 1965," for the issue of a certificate of registration in respect of a motor vehicle in accordance with those regulations. The expression does not include an application for the issue of a certificate of registration or renewal of registration in accordance with those regulations in respect of a motor vehicle made by the person in whose name such motor vehicle was last registered (whether in Queensland or elsewhere) before the date upon which the application is made;

1 12 Stamp Acts and Another Act Amendment Act of 1966, No. 15 The expression " Application for transfer of registration" mean the application (called the form of notification) prescribed by the regulations under " The Main Roads Acts, 1920 to 1965," for the issue of a certificate of transfer of registration in respect of a motor vehicle in accordance with those regulations by reason of the transfer of the ownership of such motor vehicle; The expression " Motor vehicle " means a motor vehicle as defined by the regulations under " The Main Roads Acts, 1920 to 1965 " other than a trailer or caravan trailer as respectively defined by those regulations.". 4. Repeal of s. 31 . The Principal Act is amended by repealing section thirty-one. 5. Amendments of s. 31A. Section 31A of the Principal Act is amended by- (a) omitting subsections (1) to (7), both inclusive; (b) renumbering subsection (8) as subsection (1) and- (i) in the first paragraph of that subsection as so renumbered omitting the words " A transfer of stock or marketable security " and inserting in their stead the words " A transfer of any marketable security or right in respect of shares to which sections 31c, 31D, 31E and 31F of this Act do not apply "; and (ii) omitting from that subsection as so renumbered the second, third, fourth and fifth paragraphs, being all words from and including the words " Any person who fails " to the end of that subsection; (c) inserting after subsection (1), as so renumbered by this section, the following subsections:- " (2) A Queensland dealer acting on behalf of the purchaser of any marketable security or right in respect of shares shall not make on the instrument of transfer of such marketable security or right any endorsement with respect to the payment of duty before the name of such purchaser has been written in ink in such instrument. (3) A person who contravenes the provisions of subsections (1) or (2) of this section shall be guilty of an offence against this Act and liable to a penalty of not more than one hundred dollars. Upon convicting a Queensland dealer of an offence under this subsection, the adjudicating Court may, whether or not it imposes any penalty, cancel or suspend for a period not exceeding one year his registration as a broker or broker's agent under this Act. In this subsection the expression " Queensland dealer " has the meaning assigned to it by subsection (1) of section 31B of this Act."; (d) renumbering subsection (9) as subsection (4) and omitting from that subsection as so renumbered the last paragraph, being all words from and including the words " The expression " contract note " " to the end of that subsection; and (e) renumbering subsection (10) as subsection (5).

Stamp Acts and Another Act Amendinent Act o f 1966, No. 1 5 1 13 6. New ss. 31B , 31c, 31D, 31E, 31F and 31G inserted . The Principal Act is amended by inserting after section 31A the following sections:- " [[31B.] (1) Interpretation . In sections 31c, 31D, 31E and 31F of this Act unless inconsistent with the context or subject-matter,- "Broker" means a person who is a member of a prescribed stock exchange and who is registered by the Commissioner under this Act; " Broker's agent " means any agent or employee of any person who is a broker within the meaning of any corresponding Act- (a) who is carrying on business fo_r or on behalf of that person in Queensland; and (b) who is registered by the Commissioner under this Act; "Corresponding Act" means any law in force in any State or Territory of the Commonwealth which is declared by the Governor in Council by Proclamation published in the Gazette to be a " corresponding Act " for the purposes of sections 31c, 31D, 31E and 31F of this Act; " Dealer " means a broker or a broker's agent within the meaning of this Act or any corresponding Act; " Odd lot " means a parcel of marketable securities or rights in respect of shares which is, under the rules of the stock exchange on which the sale or purchase is effected, required to be bought or sold through an odd lot specialist; " Odd lot specialist " means a broker who is approved by the Commissioner on the recommendation of the stock exchange of which he is a member as an odd lot specialist; " Prescribed stock exchange " means any stock exchange in Queensland which is for the time being a prescribed stock exchange for the purposes of " The Companies Acts, 1961 to 1964 "; " Queensland dealer " means a broker or a broker's agent. (2) Application of sections 31C to 31F. The provisions of sections 31c, 31D, 31E and 31F of this Act and the charge for duty on the return referred to therein shall apply to and have effect only in the case of a sale or purchase of a marketable security or right in respect of shares for a consideration in money or money's worth of not less than the unencumbered value of the marketable security or right in respect of shares and if such marketable security or right in respect of shares is listed on a recognized stock exchange. [31C.] Sales and purchases to be recorded . (1) Subject to subsections (3) and (4) of this section, a Queensland dealer shall forthwith on a sale or purchase of any marketable security or right in respect of shares being made, or being deemed to have been made, whether within or without Queensland- (a) pursuant to an order lodged with him in Queensland; or (b) on his own account, make a record of the sale or purchase showing- (i) the date of the sale or the purchase;

114 Stamp Acts and.Another Act Amendment Act of 1966, No. 15 (ii) the name of the principal (if any) for whom the sale or the purchase was effected; (iii) the name of the dealer (if any) with whom the sale or the purchase was affected; (iv) the quantity and full description of the marketable security or right in respect of shares; (v) the selling or purchasing price of such marketable security or right in respect of shares per unit and in total; (vi) the amount of stamp duty chargeable. (2) For the purposes of subsection ( 1) of this section- (a) a Queensland dealer who makes a purchase, whether on his own account or on behalf of another person, from any person who is not a dealer shall notwithstanding that no order to sell was in fact lodged with him be deemed to have also made a sale pursuant to an order to sell lodged with him in Queensland by the person from whom he made the purchase; (b) a Queensland dealer who makes a sale, whether on his own account or on behalf of another person , to any person who is not a dealer shall notwithstanding that no order to purchase was in fact lodged with him be deemed to have also made a purchase pursuant to an order to purchase lodged with hire in Queensland by the person to whom he made the sale. (3) Subsection (1) of this section does not apply to require a Queensland dealer to make a record- (a) in respect of a sale, where the sale referred to in that subsection is made pursuant to an order to sell lodged with him by or on behalf of another dealer; or (b) in respect of a purchase, where the purchase referred to in that subsection is made pursuant to an order to purchase lodged with him by or on behalf of another dealer. (4) Subsection (1) of this section does not apply to any sale or purchase of marketable securities or rights in respect of shares- (a) of any public statutory body constituted under the law of this or any other State or of any Territory of the Commonwealth; (b) on a register situate in a State other than Queensland, the transfer in relation to which would be exempt from duty under the corresponding Act of that State by reason of a provision thereof; (c) by Her Majesty in right of the Commonwealth of Australia or the State of Queensland; (d) by any religious body or by trustees upon trust for any religious body; (e) by any institution in Queensland engaged in the education of students in primary or secondary schools, or by the University of Queensland or any constituent college thereof, or by a rural training school, or by any institution in Queensland (approved by the Minister for the purposes of the exemption set out in the First Schedule to this Act under the heading

Stamp Acts and Another Act Amendment Act of 1966, No. 15 115 Conveyance or Transfer) engaged in the relief of poverty, or in the care of sick, aged, infirm, afiiicted or incorrigible persons or of children. (5) Subsection (1) of this section does not apply to any sale or purchase of an odd lot by an odd lot specialist. (6) A Queensland dealer keeping such a record may incorporate therein additional information for his own use. (7) Such record shall be kept in a permanent form for a period of at least three years from the date of the sale oe the purchase. (8) The Commissioner may require a Queensland dealer to keep such additional records of such sales or-purchases as he considers necessary. (9) A Queensland dealer who fails to make or keep such a record or such additional records as required by the Commissioner shall be guilty of an offence against this Act. Penalty: Five hundred dollars. (10) A Queensland dealer shall at reasonable times permit the Commissioner or any inspector or other officer authorized by the Commissioner to enter on premises to inspect papers, records , documents and proceedings for or relating to the sale or purchase of any such marketable security or right in respect of shares. Penalty: Five hundred dollars. [31D.1 Returns to be lodged and duty paid . ( 1) A Queensland dealer shall not later than Thursday of each week- (a) lodge with the Commissioner a return in duplicate of the sales and purchases made during the last preceding calendar week to which section 31c of this Act applies in the prescribed form containing a certificate that the record required by the said section 31c has been duly made and such other particulars as are prescribed; and (b) pay to the Commissioner as stamp duty in respect of the sales and purchases included in the return except any sale or purchase made by a broker on his own account where, in the case of a sale the marketable securities concerned were purchased by the broker on or within two clear days (not including any day upon which the stock exchange of which he is a member is closed ) of the day of the sale, and, in the case of a purchase , where the marketable securities concerned were sold by him on or within two clear days (not including any day upon which the stock exchange of which he is a member is closed) of the purchase- (i) where the total consideration is less than one hundred dollars at the rate of five cents for every twenty-five dollars and also for any fractional part of twenty - five dollars; and (ii) where the total consideration is one hundred dollars or more at the rate of twenty cents for every one hundred dollars and also for any fractional part of one hundred dollars, of the sale price or the purchase price as the case may be: Provided however that where there has been no sale or purchase the return to be lodged shall be a " NIL " return.

116 Stamp Acts and Another Act Amendment Act of 1966, No. 15 (2) A Queensland dealer shall not by reason of any of the exemptions set out in the First Schedule to this Act under the heading Conveyance or Transfer be exempted in any respect from compliance with the requirements of subsection (1) of this section. (3) A Queensland dealer who fails to lodge such a return or who lodges a return which is false in any material particular shall be guilty of an offence against this Act and liable to a penalty of not more than five hundred dollars and in addition shall be liable to pay an amount equivalent to twice the duty which would have been payable had a return been lodged in accordance with the requirements of this Act. (4) A Queensland dealer who fails to pay the duty chargeable on a return lodged by him shall be guilty of an offence against this Act and liable to a penalty of not more than five hundred dollars and in addition shall be liable to pay an amount equivalent to twice the duty which was payable in accordance with the requirements of this Act. [31E.] Endorsement of transfer as to payment of duty. (1) On recording the details of a' sale or purchase as set out in subsection (1) of section 31c of this Act or on the making of a sale or purchase to which subsection (1) of section 31c of this Act does not apply by virtue of the operation of subsections (4) or (5) of the said section 31c the Queensland dealer may endorse the transfer with a statement that the stamp duty (if any) has been or will be paid by him and affix his stamp and the date of the endorsement. (2) A Queensland dealer who so endorses the transfer before the record provided for in subsection (1) of section 31c of this Act is made shall be guilty of an offence against this Act and liable to a penalty not exceeding one thousand dollars. (3) The instrument of transfer on being endorsed in respect of the sale and the purchase in accordance with the provisions of this section or in accordance with any corresponding Act shall be deemed to be duly stamped. [31F.] Power to dealer to recover duty paid by him . Any Queensland dealer who pays any amount :to the Commissioner under this Act may recover from the seller or the purchaser for whom he has or is deemed to have made the sale or purchase the duty in relation to the sale or purchase respectively and without enlarging the right of recovery so given he may- (a) retain the same out of any moneys in his hands belonging to the seller or the purchaser of the marketable security or a right in respect of shares; or (b) recover such amount from the said seller or purchaser by action as for a debt in a court of competent jurisdiction. [31G.] (1) Transfers of marketable securities not to he registered unless duly stamped . A transfer of any marketable security or right in respect of shares shall not be registered recorded or entered in the books of the corporation company or society- (a) in the case of a transfer to which sections 31c, 31D, 31E and 31F of this Act do not apply and which is liable to duty under this Act- (i) unless a proper instrument of transfer has been delivered to the corporation company or society wherein, in the case of a transfer by way of sale, the consideration therefor is

Stamp Acts and Another Act Amendment Act of 1966, No. 15 117 expressed in terms of money and the actual date of sale and the date or dates of execution by the transferor and transferee are set out; and (ii) unless the instrument is duly stamped; and (b) in the case of a transfer to perfect a sale or purchase to which sections 31c, 31D, 31E and 31F of this Act apply- (i) unless a proper instrument of transfer has been delivered to the corporation company or society; and (ii) unless the transfer is under subsection (3) of section 31E of this Act deemed to have been duly stamped. (2) The duty on an instrument of transfer on sale of-any marketable security or right in respect of shares to which paragraph (a) of subsection (1) of this section applies may be denoted by an adhesive stamp provided that the transferor or transferee has cancelled such stamp by writing on or across it his name or initials and the true date of his so writing. (3) Instrument of transfer to be retained by company. After a transfer of any marketable security or of any right in respect of shares has been registered recorded or entered in the books of the corporation company or society in Queensland the instrument of transfer shall be retained in Queensland by the corporation company or society for a period of not less than three years. (4) Penalty. If any corporation company or society contravenes or fails to observe any of the provisions of this section that corporation company or society shall be guilty of an offence against this Act and for every such offence be liable to a penalty of not more than one hundred dollars. (5) Saving of title of transferee or subsequent holder after registration of unstamped transfer , &c. The right or title of any transferee or subsequent holder of any marketable security or right in respect of shares shall not be invalidated by reason only that the transfer of such security or right was registered recorded or entered in contravention of the provisions of this section in the books of any corporation company or society." 7. Amendment of s. 46A(1). Subsection (1) of section 46A of the Principal Act is amended by omitting the word " property " and inserting in its stead the words " any risk ". 8. Amendments of s. 46B (1). Subsection (1) of section 46B of the Principal Act is amended by- (a) in paragraph (a) omitting the word " property " and inserting in its stead the words " any risk "; and (b) in paragraph (b) omitting the word " property " and inserting in its stead the words " any risk ".

118 Stamp Acts and Another Act Amendment Act of 1966, No. 15 9. New s . 47A inserted . The Principal Act is amended by inserting after section forty- seven the following section:- " (47A.1 Continuous insurance . (1) Every premium paid by the insured and accepted by the insurer subsequent to the issue of a policy of continuous insurance shall be deemed a renewal of the policy in question under and for the purposes of this Act notwithstanding that the insurer was bound to accept payment of such premium and to continue the policy. (2) The insurer shall forthwith upon the payment of any premium mentioned in subsection (1) of this section issue to the insured an instrument acknowledging or evidencing the payment of such premium. Such instrument shall be charged with the duty payable under this Act in respect of the renewal of the policy in question and shall be so charged additionally to any other duty with which such instrument is charged under this Act. Where duty payable under this Act in respect of any renewal of a policy has been duly paid in respect of an instrument such duty shall not be again payable in respect of any other instrument related to that renewal." 10. New s. 47B inserted . The Principal Act is amended by inserting after section 47A, as previously inserted by this Act, the following section:- " [47B.] Workers' Compensation Insurance . (1) The General Manager of the State Government Insurance Office (Queensland) shall in respect of every calendar month commencing with and including the month of November, one thousand nine hundred and sixty-six. furnish to the Commissioner a return specifying the aggregate of the premiums charged in respect of accident insurance policies under " The Workers' Compensation Acts, 1916 to 1965," during the month in question and every such return shall be liable to duty at the rate set out in the First Schedule to this Act. (2) Every such return shall be delivered to the Commissioner within fourteen days or such further time as agreed by the Commissioner after the last day of the month in respect of which that return is required to be furnished. (3) In subsection (1) of this section the expression " premiums charged " means all amounts charged during the month in question to holders of accident insurance policies under " The Workers' Compensation Acts, 1916 to 1965," in respect of premiums after allowing for any adjustments made during such month in respect of any previous period and after deducting any bonuses allowed to policy holders during such month." 11. Amendment of s. 53 (5). Subsection (5) of section fifty-three of the Principal Act is amended by omitting the proviso and inserting in its stead the following proviso:- " Provided that this subsection shall not apply to a transfer or conveyance of any marketable security or right in respect of shares to which sections 31c, 31D, 31E and 31F of this Act apply."

Stamp Acts and Another Act Amendment Act of 1966, No. 15 119 12. New s. 57A inserted. The Principal Act is amended by inserting after section fifty-seven the following section:- [57A.] Motor vehicles. (1) The duty on an application for registration or an application for transfer of registration in respect of a motor vehicle shall be denoted in the prescribed manner and shall be paid by the applicant. Where an application for transfer of registration is made by the transferor he may recover from the transferee the amount of duty paid by him. (2) The value of a motor vehicle for the purposes of assessing the duty payable under this Act shall be the market value of the motor vehicle at the time that application for registration is made or, in- the case of an application for transfer of registration, at the time when the transaction to which the application relates was made: Provided that in the case of a motor vehicle which has not been previously registered (whether in this State or elsewhere in the Commonwealth) and for which there is a list price, the value for the purpose of assessing the duty payable under this Act shall not exceed the aggregate of- (a) the list price; and (b) the price or prices of any item or items of optional equipment of the motor vehicle in question not included in the list price. In the proviso to this subsection- (a) the expression " list price" means the price fixed by the manufacturer, importer or principal distributor as the retail selling price at Brisbane- (i) of a motor vehicle other than a motor truck; or (ii) in the case of a motor truck, of a cab-chassis, of the make and model in question.; and (b) the expression " optional equipment " means optional engine, power steering, disc brakes and any other mechanical extra specified by the Governor in Council (who is hereby thereunto authorized) by Order in Council. (3) The applicant shall make a declaration in the prescribed form as to the value of the motor vehicle in question for the purpose of assessing the duty payable under this Act. (4) Every application for registration or application for transfer of registration in respect of a motor vehicle shall be accompanied by the declaration mentioned in subsection (3) of this section and the prescribed amount of the duty on the application. (5) If the Commissioner is not satisfied that the amount declared is the true market value of the motor vehicle in question the Commissioner, by notice in writing served upon the person in question, may require the person who made the declaration or, in the case of an application for transfer of registration, either the transferor or transferee (and whether or not he made the declaration) to supply the Commissioner, within the time specified in the notice, with such evidence as the case requires as to the market value of the motor vehicle in question, in the case of an application for registration at the date when the application was made or, in the case of an application for transfer of registration at the date when the transaction to which the application relates was made. Any person who fails in any respect to comply with the requirements of a notice under this subsection shall be guilty of an offence and liable to a penalty not exceeding two hundred dollars.

120 Stamp Acts and Another Act Amendment Act of 1966, No. 15 Payment of such penalty shall not relieve a person from any liability to pay any duty referred to in this section. A notice referred to in this subsection may be served upon the person to whom it is directed personally or by post or by giving it to him in a prescribed manner. (6) Where the Commissioner, after considering the evidence, if any, supplied pursuant to subsection (5) of this section, is of opinion that the prescribed amount of the duty on the application exceeds the amount which accompanied it, the Commissioner may recover such excess from the applicant or, in the case of an application for transfer of registration, from either the transferor or transferee (and whether or not he is the applicant) as a debt due to Her Majesty in any court of competent jurisdiction. (7) The Commissioner of Main Roads shall pay into the Treasury to the credit of the Consolidated Revenue Fund all amounts of duty referred to in this section received by him." 13. Amendment of 71. Section seventy-one of the Principal Act is amended by adding the following proviso:- " Provided further that, where an employer has affixed to a wages, salary or pay sheet or other record of wages, salary or other like payments made by him to employees adhesive stamps denoting the aggregate of the amounts of the duty payable under this Act by the employees concerned respectively- (a) such employer shall not by reason of any provision of this section, be liable to a penalty for that he failed to demand or negligently failed to obtain from any employee concerned the receipt specified in this section; and (b) any employee concerned shall not by reason of any provision of this section be liable to a penalty for that he failed to forthwith give or issue the receipt specified in this section." 14. Amendments of First Schedule . The First Schedule to the Principal Act is amended by- (a) adding to the exemptions appearing under the heading " 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 " the following exemption- " (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."; (b) inserting before the heading "APPOINTMENT of a new trustee " the following heading, provisions and exemptions:- "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 .. .. .. . 1.00 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.

Stamp Acts and Another Act Amendment Act of 1966, No. 15 121 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 i f 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 for transfer 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; (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. 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 "; (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); 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.";

122 Stamp Acts and Another Act Amendment .Act of 1966, No. 15 (c) omitting the heading " CONTRACT NOTE relating to the sale of any stock or marketable security or relating to the purchase of any stock or marketable security " and the provision appearing under that heading; (d) under the heading " CONVEYANCE OR TRANSFER "- (i) in provision (1) omitting the words and brackets " Of any stock or marketable security (other than by way of security) " and inserting in their stead the words and brackets " (Other than by way of security) of any stock or marketable security or right in respect of shares of any corporation, company or society which has a register. in Queensland in which such stock, marketable security or right is registered "; (ii) omitting paragraph (a) of provision (1) and inserting in its stead the following paragraph:- (a) On sale or by way of gift, division or exchange- (i) Where the then value of the stock or marketable S security or right in respect of shares does not amount to .100, for every $25 and also for any fractional part of $25 .. , . .. 0.10 (ii) Where the then 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 0.40"; 9 (iii) omitting provision (7) and inserting in its stead the following provision:- (7) Not specified in the preceding provisions appearing $ under this heading, and not of any marketable security 1.00 "; (iv) adding to the exemptions -the following exemptions:- "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."; (e) under the heading " POLICIES OF INSURANCE (other than Policies of Life Assurance and Workers' Compensation Policies issued under The Workers' Compensation Acts, 1916 to 1965 ")- (i) omitting the words " and Workers' Compensation Policies ", where appearing in that heading, and inserting in their stead the words " Policies of Accident Insurance' ; (ii) in provision (4) omitting the words " motor vehicle " and inserting in their stead the words " motor cycle or caravan trailer or trailer " and omitting the numeral and brackets " (6) " and inserting in their stead the numeral and brackets " (8) ";

Stamp Acts and Another Act Amendment Act of 1966, No. 15 123 (iii) omitting provision (6) and inserting in its stead the following provision:- " (6) In respect of every policy of insurance relating to any motor vehicle (ether than a motor cycle) 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 (other than a motor cycle)- (a) upon every policy and every renewal of a policy of insurance for a term of one year or less- For each motor vehicle in respect of which the S policy is issued 0.45 (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 S part of a year in such term for each motor vehicle in respect of which the policy is issued .. .. 0.45 "; (iv) inserting after provision (7) the following provision:- (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- For every $100 or fractional part of $100 of the S total amount insured .. .. .. .. .. 0.021 (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 0.U2-- "; (v) in paragraph (d) of the proviso omitting the numeral and brackets " (6) " and inserting in their stead the numeral and brackets " (8) "; (vi) in paragraph (g) of the proviso- (a) omitting the word, numeral and brackets " or (6) " and inserting in their stead the word , numeral and brackets " or (8) "; (b) omitting the words " or continuance "; (c) in subparagraph (i) omitting the letter and brackets " (e) " and inserting in their stead the letter and brackets " ( d) "; (d) in subparagraph ( i) omitting the words ", renewed or continued " and inserting in their stead the words " or renewed "; (e) in subparagraph ( ii) omitting the words " , renewal or continuance " and inserting in their stead the words " or renewal "; (vii) in paragraph (h) of the proviso omitting the word, numeral and brackets " or (6) " and inserting in their stead the word, numeral and brackets " or (8) "; (viii) adding to the proviso the following paragraph:- " (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

124 Stamp Acts and Another Act Amendment Act of` 1966, No. 15 of a residential building and secured or to be secured by a first mortgage over the building in question the duty payable shail 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." ; (f) inserting before the heading " POWER or LETTER of ATTORNEY or Authority or other instrument in the -nature thereof"' the following heading and provision:- POLICIES OF ACCIDENT INSURANCE under " The Workers' Compensation Acts, 1916 to 1965 On every return of premiums charged made pursuant to section 473 of this Act-- $ For every $100, or part of $100, of the aggregate of the premiums charged .. .. .. .. .. 3.00." (g) under the heading " RELEASE OR RENUNCIATION of any property, or any right or interest in any property" omitting from the provision commencing with the words " Renunciation of a right to take up shares in any company, corporation or society " the words, symbols and numerals "For every $100 and also for any fractional part of $100 of the then value of the right renounced .. .. 0.40 " and inserting in their stead the words " See Conveyance or Transfer."; (h) Adding to the provisions appearing under the heading " SETTLEMENT, DEED OF GIFT or VOLUNTARY CONVEYANCE (not being the appointment merely of a new trustee) of any property containing any trust, or any DECLARATION OF TRUST having the effect of such settlement, deed, or conveyance, ad valorem duty as hereunder on the amount or value of such property" the following proviso:- " Provided that in any case where the total duty calculated under the provisions of this heading 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 a cent and one cent." 15. (1) Amendment of s. 17 of 9 Eliz. II. No. 2. Section seventeen of " The State Government Insurance Office (Queensland) Acts, 1960 to 1965" is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) The provisions of " The Stamp Acts, 1894 to 1966 " apply to and with respect to the office in relation to--- (a) (in the case of accident insurance under " The Workers' Compensation Acts, 1916 to 1965 ") returns of premiums charged made pursuant to section 47s of those Acts; and (b) all other insurance business.".

Stamp Acts and Another Act Amendment Act of 1966, No. 15 125 (2) Collective title. " The State Government Insurance Office (Queensland) Acts, 1960 to 1965 ", and this section may be collectively cited as " The State Government Insurance Office (Queensland) Acts, 1960 to 1966 ".