Stamp Amendment Act (No. 3) 1982 (WA)

WESTERN AUSTRALIA.

STAMP (No. 3).

No. 45 of 1982.

AN ACT to amend the Stamp Act 1921-1982.

[Assented to 26 August 1982.]

BE it enacted by the Queen's Most Excellent Majesty, 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 agrctigttlie.m.

Amendment Act (No. 3) 1982.

Reprinted as

(2) In this Act the Stamp Act 1921-1982 is referred approved 25 March 1980

to as the principal Act.

and amended

by Acts

Nos. 37 of

1979, 63 of

1980, 81 and

(3) The principal Act as amended by this Act may 108 of 1981 and 1. 10 and

be cited as the Stamp Act 19214982. 15 of 1982.

No 45.] Stamp (No. 3). [1982.

Commence-

ment. 2. This Act shall be deemed to have come into

operation on 24 December 1981.

Part IVI)

inserted. 3. The principal Act is amended by inserting

after Part IVC the following Part

CC

PART IVD-MAINTENANCE AGREEMENTS AND

ORDERS.

Interpreta-

tion. 112UA. (1) In this Part, unless the

contrary intention appears

"Family Court Act" means the Family Court Act 1975 of the Parliament of the State;

"Family Law Act" means the Family Law Act 1975 of the Parliament of the Commonwealth and any Act of the Parliament of the Commonwealth amending or in substitution for that Act;

"maintenance agreement" means an agreement in writing with respect to any one or more of the following, namely

(a)	the maintenance of one of the parties to the agreement;
(b)	the conveyance or transfer of property (whether real or personal) of the parties to the agreement or either of them to one of the parties or to a dependent child of the parties or of either of them or to both a dependent child of one of the parties and one of them;
(c)	the maintenance of a depen- dent child of the parties or either of them;

1982.] Stamp (No. 3). [No. 45.

"order" means a sealed copy of an order made by a court exercising federal or non-federal jurisdiction in any proceeding under the Family Court Act or the Family Law Act with respect to one or both of the follow- ing, namely

(a)

the conveyance or transfer of

real or personal property;

(b) the vesting of property;

"property" includes an interest in

property.

(2) A reference in this Part to persons who are married to each other or have been married to each other includes persons who are married to each other or who have been married to each other by a marriage that is void under the Family Law Act.

112UB. (1) Sections 112UC and 112UD do opeite

not apply to or in relation to a maintenance agreement between parties who are married to each other or have been married to each other or in relation to an instrument of conveyance or transfer of property pursuant to such an agreement unless the parties to the agreement are separated or divorced from each other.

(2) Where

(a) one of the parties referred to in a maintenance agreement, an order, or an instrument of conveyance or transfer effected pursuant to a maintenance agreement or order is a person who is not entitled to or liable to provide maintenance under the Family Court Act or the Family Law Act; and

No 45.] Stamp (No. 3). [1982.

(b) the maintenance agreement, order, or instrument of conveyance or transfer in addition to being a main- tenance agreement, order, or instru- ment of conveyance or transfer for the purposes of the Family Court Act or the Family Law Act relates to one or more distinct matters between any party or parties other than a person who is entitled to or liable to provide maintenance under the Family Court Act or the Family Law Act which would otherwise be dutiable under the provisions of this Act other than this Part,

the Commissioner shall assess the main- tenance agreement, order, or instrument of conveyance or transfer under such of the provisions of this Act other than this Part as apply in relation to such other matters.

Duty on

maintenance	112UC. Notwithstanding anything in this
agreements

and orders. Act but subject to section 112UB-

(a) a maintenance agreement that is entered into for the purposes of the Family Court Act or the Family Law Act; or

(b) an order,

except a sale, shall be charged with duty in accordance with item 8 of the Second Schedule to this Act.

Duty on

conveyance	112UD. Notwithstanding anything in this
or transfer

under	Act but subject to section 112UB an instru-
maintenance
agreement	ment of conveyance or transfer that is effected
or order.	pursuant to a maintenance agreement or an order that has been duly stamped in accordance with this Act is not to be charged with any duty higher than the duty set out in item 6 of the Second Schedule to this Act. " .

1982.] Stamp (No. 3). [No. 45.

Second

4. The Second Schedule to the principal Act is amended by inserting after item 14 the following item and entries opposite thereto in columns headed

Schedule amended.

"Nature of instrument", "Duty payable" and

"Person liable to pay duty", respectively-

14A	Order to which	See item 4 of	Transferee or
section 112UB	this Schedule.	the person in
(2) of this Act	Property trans-	whom the pro-
applies.	ferred or vested	perty is ordered
under an order.	to be vested.
On the value of the property referred to the same duty as that set out in item 4 of this Schedule, re- ferences to con- sideration in that item being construed as references to the amount or value of the property con- cerned.