Stamp Amendment Act 1980 (WA)

WESTERN AUSTRALIA.

STAMP.

No. 63 of 1980.

AN ACT to amend the Stamp Act 1921-1979.

[Assented to 26 November 1980.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Stamp and

Amendment Act 1980.	citation.
Reprinted

(2) In this Act the Stamp Act 1921-1979 is as approved for reprint

referred to as the principal Act. 25 March 1980. and amended by

(3)	The principal Act as amended by this Act	Act No. 47
of 1979.

may be cited as the Stamp Act 1921-1980.

(4) This Act shall be deemed to have come into

operation on 4 November 1980.

No. 63.] Stamp. [1980.

Section 82

inserted. 2. After section 81 of the principal Act, the

following section is inserted-

Duty

chargeable	" 82. (1) Subject to this section, an instru-
on certain
transfers or	ment of mortgage which by itself or in
Conveyances
by way of	conjunction with another instrument effects a
security.
conveyance or transfer of property is chargeable with duty under item 4 of the Second Schedule to this Act as a conveyance or transfer of that property.
(2) References in item 4 of the Second Schedule to this Act to consideration shall, for the purposes of this section, be construed as references to the amount or value of the property conveyed or transferred.

Duty referred to in subsection (1) of this

section shall be paid by the mortgagor or obligor

under the instrument of mortgage.

(3)

Subsection (1) of this section does not apply to or in relation to an instrument of mortgage which is, in the opinion of the Com-

(4)

missioner, a bona fide instrument of mortgage.

(5) An assessment of duty shall not be subject to any objection or appeal under section thirty-two or thirty-three of this Act on any grounds relating to the exercise by the Com- missioner of the discretion conferred on him by subsection (4) of this section but a person who is dissatisfied with a decision made by the Commissioner in the exercise of that discretion may, within forty-two days after the date of the assessment or within such longer period as the Treasurer may allow, post to or lodge with the Treasurer an appeal in writing stating fully and in detail the grounds on which he relies.

(6) The Treasurer shall, with all reasonable despatch, consider an appeal posted to or lodged with him under subsection (5) of this section and may either disallow it or, for reasonable cause shown by the person making that appeal, allow it.

1980.] Stamp. [No. 63.

(7) The Treasurer shall give to the person

making an appeal referred to in subsection (6) of this section written notice of his decision on that appeal and that decision shall be final. " .

3. The Third Schedule to the principal Act is Schedule amended in item 1 (4) (b) by inserting, after amended. "society or club", the following-

" (other than a credit union registered under the Credit Unions Act 1979 or a society within the meaning of the Building Societies Act

1976) ".