Stamp Amendment Act 1993 (WA)

WESTERN AUSTRALIA

STAMP NT ACT 1993

No. 42 of 1993

AN ACT to amend the Stamp Act 1921 .

[Assented to 20 December 1993 .]

The Parliament of Western Australia enacts as follows :

No. 421 Stamp Amendment Act 1993

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PART 1 - PRELIMINARY

Short title

1.    This Act may be cited as the Stamp Amendment Act 1993 .

Commencement

This Act, other than Part 2 and section 6, comes into

2.    (1)

operation on the day on which it receives the Royal Assent .

(2)	Part 2 comes into operation on 1 January 1994 .
(3)	Section 6 comes into operation on a day to be fixed by

proclamation .

Principal Act

3. In this Act the Stamp Act 1921* is referred to as the

principal Act .

[* Reprinted as at 21 March 1989 .

For subsequent amendments see 1992 Index to

Legislation of Western Australia, Table 1, pp . 197-9.]

Stamp Amendment Act 1993 [No. 42

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PART 2 - AMENDMENTS RELATING TO BILLS

OF EXCHANGE ETC.

Section 50E repealed

4.    Section 50E of the principal Act is repealed .

Second Schedule c.xnended

5.   The Second Schedule to the principal Act is amended by

deleting item 2 and substituting the following item -

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2.	BILLOFEXCHANGEOR PROMISSORY NOTE
(1) Bill of exchange (excluding The drawer

cheque or payment order or maker .

within the meaning of the	(See section
Cheques and Payment	50)
Orders Act 1986 (Cw th)) or

promissory note payable on demand, at sight or on presentation . 0.10

(2) Cheque or payment order The drawer .

within the meaning of the	(See section
Cheques and Payment	50)
Orders Act 1986 (Cwlth)

drawn against an account maintained in Western Australia. 0.10

No. 421 Stamp Amendment Act 1993

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PART 3 - AMENDMENTS RELATING TO CERTAIN

EXEMPTIONS

Part RICA inserted

6.    After Part IIIC of the principal Act the following Part is

inserted -

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PART RICA - EXEMPTION FOR CERTAIN

DEEDS WITH CHARITIES

Power to exempt certain deeds

76D. (1) If the Commissioner is satisfied that a deed made after this section comes into operation and chargeable with duty under item 8 of the Second Schedule is between -

(a)	a charitable body or a body established for similar public purposes; and
(b)	a person with a disability or a qualified person,

and for the purpose of granting the person the right to occupy residential accommodation, the Commissioner may exempt the deed from duty or refund any duty paid on the deed .

(2) In subsection (1) -

"disability" has the same definition as in section 3 of the Disability Services Act 1993;

Stamp Amendment Act 1993 [No. 42

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"qualified person" means a person who is 55 or over, or who is or was the spouse of such a person, or who, with such a person, is or was one of a de facto married couple (as that expression is defined in section 75C (4)) .

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Part WC inserted

7.    After Part IVB of the principal Act the following Part is

inserted -

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PART IVC - NURSING HOME AGREEMENTS

Certain nursing home agreements exempt

112Q. (1) Notwithstanding anything in this Act,

duty shall not be charged on -

(a)	an agreement under Part V of the National Health Act 1953 (Cwlth) between the proprietor of an approved nursing home and a person in relation to whom an approval for admission to an approved nursing home has been given, and relating to the care of the person as a patient of the approved nursing home;
(b)	an agreement between the proprietor of a nursing home and a person who by reason of infirmity or illness, disease, incapacity or disability requires admission to a nursing home for nursing care, and relating to the care of the person as a patient of the nursing home, which agreement is declared by the Minister by notice published in the Government Gazette

to be exempt for the

purposes of this section .

No. 421 Stamp Amendment Act 1993

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(2) An agreement referred to in subsection (1)

does not have to be lodged with the Commissioner for

assessment .