Stamp Amendment Act 2000 (WA)

Western Australia

Stamp Amendment Act 2000

Western Australia

Stamp Amendment Act 2000

CONTENTS

1.	Short title	1
2.	Commencement	2
3.	Act amended	2
4.	Section 70 amended	2
5.	Section 75ABA inserted	3

75ABA.	Power of exemption for transfers by
bankruptcy trustee to bankrupt 3

Western Australia

Stamp Amendment Act 2000

No. 28 of 2000

An Act to amend the Stamp Act 1921.

[Assented to 6 July 2000]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the Stamp Amendment Act 2000.

Stamp Amendment Act 2000

s. 2

2.             Commencement

This Act comes into operation on the day it receives the Royal

Assent.

3.             Act amended

The amendments in this Act are to the Stamp Act 1921*.

[* Reprinted as at 23 January 1996.

For subsequent amendments see 1998 Index to Legislation of

Western Australia, Table 1, p. 237, and Acts Nos. 2, 24, 25

and 26 of 1999.]

4.             Section 70 amended

(1)

Section 70(1) is amended by deleting the definition of

“chargeable with duty” and inserting the following definition

instead —

“

“chargeable with duty” means chargeable with duty

under —

(a)	item 4, 10, 14A, 15, 17 or 19 of the Second Schedule; or
(b)	item 12(1) or (3) if —

(i)      the term of the lease, including any period for which the lease may be renewed, exceeds, or is to exceed, 20 years; and

(ii)      any option to renew the lease is, or is to be, exercisable by the lessor;

”.

(2)

Section 70(1) is amended in the definition of “transfer” by

inserting after “vest,” —

“ grant, ”.

Stamp Amendment Act 2000

s. 5

5.             Section 75ABA inserted

After section 75AB the following section is inserted —

“

75ABA. Power of exemption for transfers by bankruptcy

trustee to bankrupt

(1)

When the Commissioner is satisfied that an instrument

is an instrument by which property that vested in a

bankruptcy trustee on the bankruptcy of a person is

conveyed from the bankruptcy trustee back to that

person, the Commissioner may exempt the instrument

from duty and the instrument is to be endorsed

accordingly.

(2) In this section —

“bankruptcy trustee” means —

(a)	the Official Trustee in Bankruptcy; or
(b)	a registered trustee,

under the Bankruptcy Act 1966 of the

Commonwealth.

”.