Stamp Amendment Act 1981 (WA)

WESTERN AUSTRALIA.

STAMP.

No. 81 of 1981.

AN ACT to amend the Stamp Act 1921-1980.

[Assented to 9 November 1981.]

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:—

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

Amendment Ad 1981.

Reprinted as

(2) In this Act the Stamp Act 1921-1980 is referred approved 25

to as the principal Act.

and amended

March 1980

by Acts Nos.

47 of 1979

(3) The principal Act as amended by this Act may	and 63 of
1980.

be cited as the Stamp Act 1921-1981.

No. 81.] Stamp. [1981.

Commence-

(1) This Act, other than sections 3 and 8, shall come into operation on 1 December 1981.

2.

ment.

(2) Sections 3 and 8 of this Act shall come into operation on 1 January 1982.

Sections

75AE and	3.	After section 75AD of the principal Act, the
75AD

inserted. following sections are inserted

Rebate of	CC 75AE. (1) In the case of a conveyance or
duty for
certain

dwelling-	transfer of property chargeable with duty
houses and
businesses.	under item 4 (1) of the Second Schedule to this Act, a purchaser who claims to be an entitled person for the purposes of this section may apply to the Commissioner in the manner provided by this section for the duty on the instrument of conveyance or transfer to be assessed in accordance with item 4 (5) of that Schedule.
(2) A purchaser is an entitled person for the purposes of this section if he is able to satisfy the Commissioner of the following

(a)	he is the person named in the instru- ment of conveyance or transfer as the purchaser and he does not hold or intend to hold the property as agent, trustee or otherwise on behalf of or in partnership or association with any other person except as set out in the statutory declaration provided for by subsection (3) of this section;
(b)	the value of the property to which the instrument of conveyance or transfer relates, as determined for the purposes of this Act, does not exceed $50 000;
(c)	the property to which the instrument of conveyance or transfer relates includes a dwellinghouse or consists of or includes a business undertak- ing;

1981.] Stamp. [No. 81.

(d)	where the property includes a dwel- linghouse, the purchaser is a natural person who has purchased the pro- perty with the intention of occupy- ing the dwellinghouse on the property and intends to occupy that dwellinghouse for an indefinite period as his principal place of resi- dence; and
(e)	where the property consists of or includes a business undertaking, the purchaser (whether or not a natural person) has purchased the property with the intention of carrying on the business undertaking and intends to do so for an indefinite period of time.

(3)

An application to the Commissioner under subsection (1) of this section shall be made in writing and shall be accompanied by a statutory declaration made by the pur- chaser (or by every purchaser if there is more than one purchaser) with respect to the mat- ters referred to in subsection (2) of this section and if the Commissioner is satisfied that the purchaser is an entitled person for the purposes of this section he shall assess the duty on the instrument under item 4 (5) of the Second Schedule to this Act and not under item 4 (1) of that Schedule.

(4) In this section "dwellinghouse" includes flat, apartment, or other residential unit.

75AF. (1) Where property or properties to oCi aalftratIon

which this section applies is or are conveyed where several

or transferred by separate conveyances or or transfers.

transfers

(a) that arise from a single contract of sale; or

No. 81.] Stamp. [1981.

(b) that together form, or arise from, substantially one transaction, or one series of transactions, the convey- ances or transfers shall be chargeable with ad valorem duty calculated upon the sum of the amounts by reference to which ad valorem duty on each of the conveyances or transfers would, but for this subsection, have been calculated and that duty shall be apportioned to the various convey- ances or transfers as determined by the Commissioner.

(2) Where, by conveyances or transfers that have been, or appear to have been, executed within 12 months of each other, a person conveys or transfers property or properties to which this section applies to the same person (whether that person takes alone or with the same or different persons), it shall be presumed, unless the Commissioner is satisfied to the contrary, that the conveyances arose out of one transaction or one series of transactions.

This section does not operate to reduce the duty payable on any instrument.

(3)

This section applies to all property the conveyance or transfer of which is chargeable with duty under item 4 (1) or item 19 of the Second Schedule to this Act. " .

(4)

Section 1121

amended. 4. Section 1121 of the principal Act is amended

in the definition of "credit business" in subsection

(1)-

(a)	by deleting "or" at the end of paragraph (b); and
(b)	by deleting paragraph (c),

1981.] Stamp. [No. 81.

Section 1125

5. (1) Section 112K of the principal Act is amended and transitional

amended provision.

(a) in subsection (1) (a)—

(i)  by deleting "one and a half" in subparagraph (ii) and substituting the following-

" 1.8 " ;

(ii)   by deleting "one eighth of one" in subparagraph (iv) and substituting the following-

. .15

(iii)   by deleting "one and a half" in subparagraph (vi) and substituting the following-

" 1.8 ;

(iv)  by deleting "one eighth of one" in subparagraph (viii) and substitut- ing the following-

" .15 "

(v)    by deleting "one and a half" in sub- paragraph (ixa) and substituting the following-

" 1.8 " ; and

(vi)   by deleting "one and a half" in sub- paragraph (xi) and substituting the following-

" 1.8 " ;

(b) in subsection (1) (b), by deleting "one eighth of one" and substituting the following-

" .15 " ; and

(c) in subsection (2), by deleting "one and a half" and substituting the following-

" 1.8 "

(2) Where duty has been or is being paid under

section 112K of this Act in respect of a loan, other

than a loan upon an account current, at the rate

No. 81.] Stamp. [1981.

provided for by that section as it was prior to the coming into operation of this section of this Act, section 112K (1) (b) shall continue to apply in respect of every such loan as if this section had not been enacted.

Section 112P

amended. 6.

Section 112P of the principal Act is amended in subsection (2) by deleting "one and a half" in both places where it occurs and substituting in each case the following-

" 1.8 " .

Section 112S 7.

Section 112S of the principal Act is amended

in subsection (4) (b) by deleting "one and a half"

and substituting the following-

amended.

" 1.8 " .

Second

Schedule 8. The Second Schedule to the principal Act is

amended. amended

(a) in item 2, by deleting "0.08" where it occurs

in the column headed Duty payable

opposite to paragraphs (a) and (b) and sub-

stituting in each case the following-

" 0.10 " ;

(b) in item 4-

(i) by deleting sub-items (1) and (2) and substituting the following sub- items

(1) Transfer of land under $ The

the Transfer of Land	purchaser
Act 1893 on a sale thereof or conveyance or transfer of any other property (except any marketable secu- rity or right in respect of shares)

Where the amount or value of the con- sideration

(a) does not exceed

$1.50 for

$80 000	every $100 of the amount or value of the con-
sideration and every fractional part of $100

1981.] Stamp. [No. 81.

(b) exceeds $80 000 but does not exceed $100 000 $1 200 and

$2 for every $100 of the amount or value of the considera- tion and

every frac- tional part of $100 by which the considera- tion exceeds

$80 000

(c) exceeds $100 000 but does not exceed $250 000 $1 600 and

$2.50 for

every $100

of the

amount or

value of the

considera-

tion and

every frac-

tional part

of $100 by

which the

considera-

tion exceeds

$100 000

(d) exceeds $250000 but does not exceed $500 000 $5 350 and

$3.50 for

every $100

of the

amount or

value of the

considera-

tion and

every frac-

tional part

of $100 by

which the

considera-

tion exceeds

$250 000

(e) exceeds $500 000 $14100 and

4E0 for

every $100

of the

amount or

value of the

considera-

tion and

every frac-

tional part

of $100 by

which the

considera-

tion exceeds

$500 000. "

(ii) by inserting after sub-item (4) the following sub-item-

" (5) Transfer of /and The

under the Transfer of	purchaser.
Land Act 1893 on a sale thereof or con- veyance or transfer of any other property

In the case where the purchaser is an entitled person for the purposes of sec- tion 75AE of this Act

for every $100 of the amount or value of the con- sideration and a/so

No. 81.]	Stamp.	[1981.
for every frac-

tional part of $100 1.25

(c) in item 12 (2), by deleting paragraphs (a),

(b), (c) and (d) and the entries opposite

thereto in the column headed Duty payable

and substituting the following-

" (a) for a period not exceeding one and also for every fractional part of $100 thereof that would be	year, for every $100 of the rent
payable for a whole year .... .... 0.35

(b)	for a period exceeding one year, for every $100 of the total rent payable and also for every frac-
tional part of $100 thereof .... 0.35
(c)	for an indefinite term, for every $100 of the rent and also for every fractional part of $100 there- of that would be payable for a

0.70

and

(d) in item 14-

(i)    by deleting "up to a maximum duty of $150" and substituting the following

but in the case of a motor wagon, an omnibus, a semi-trailer, a tractor (prime mover type) and any other class of motor vehicle declared for the pur- poses of this item by order made by the Treasurer and published in the Government Gazette, the maximum duty shall be $900 "; and

(ii)  by deleting "0.75" in the column

headed Duty payable and substitut-

ing the following-

" 1.50 " .

Second

Schedule 9. The Second Schedule to the principal Act is

amended.

amended in item 11 by deleting "11%" and sub-

stituting the following-

" 1.8% " .