Stamp Amendment Act (No. 4) 1989 (WA)

WESTERN AUSTRALIA

STAMP AMENDMENT ACT (No. 4)

No. 16 of 1989

AN ACT to amend the Stamp Act 1921.

[Assented to 16 November 1989]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Stamp Amendment Act (No. 4) 1989.

Commencement

2. (1) Section 4 (1) shall come into operation on the day on which

this Act receives the Royal Assent.

No. 16] Stamp Amendment Act (No. 4) [1989

(2) Section 4 (2)—

(a)	shall come into operation, or be deemed to have come into operation, on the day fixed by proclamation in accordance with paragraph (b);
(b)	shall not be proclaimed to come into operation, or to be deemed to have come into operation, on a day other than 1 November 1989.

(3) Section 4 (3) shall come into operation on the day on which section

22 (f) of the Stamp Amendment Act (No. 3) 1989 comes into operation.

(4) Section 4 (4) shall come into operation, or be deemed to have come into operation, on the day on which section 30 of the Stamp Amendment Act (No. 3) 1989 comes into operation or is deemed to have come into operation.

Principal Act

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

[*Reprinted as approved 21 March 1989 and amended by Act No. 3 of

1989.]

Second Schedule amended

4.     (1) The Second Schedule to the principal Act is amended in item 4

(3)—

(a)	by deleting "or" after paragraph (a);
(b)	in paragraph (b) by deleting "corporation," and substituting the following-

" corporation; or "; and

(c)	by inserting after paragraph (b) the following paragraph-
" (ba) in any other case,

1989] Stamp Amendment Act (No. 4) [No. 16

(2) The Second Schedule to the principal Act is amended in item 13 by

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

(1) An instrument referred to in the heading to this item for the payment or repayment of any sum or sums of money at stated periods, being neither interest for any principal sum secured by a duly stamped instrument nor wages or salary

(a) for a definite and certain period so that the total Mortgagor or

amount ultimately payable can be ascertained— obligor

Where the total amount-

(i)	does not exceed $35 000	0.25 for every $100 and also for every
fractional part of $100
(ii)	exceeds $35 000	$87.50 and 0.40 for every $100, and also for every fractional part of $100, by which the amount exceeds $35 000;

(b) for a term of life or any other indefinite period

for every $100, and also for every fractional part

of $100, of the amount payable annually 4.25

(la) An instrument referred to in the heading to this item to Mortgagor or

which section 83 (1a) or (lb) applies— obligor

for every $100, and also for every fractional part of

$100, of the amount payable 0.25

(2) An instrument referred to in the heading to this item Mortgagor or

for the payment or repayment of money—

obligor; and

see sections 82

(3) and 83 (4)

Where the total amount

(a)	does not exceed $35 000	0.25 for every $100, and also for every fractional part of $100, of the amount payable
(b)	exceeds $35 000	(i) $87.50;

and

(ii)

0.40 for

every

$100, and

also for

every

fractional

part of

$100, by

which the

amount

payable

exceeds

$35 000

No. 16] Stamp Amendment Act (No. 4) [1989

(3) The Second Schedule to the principal Act is amended in item 14, in the column headed "Person liable to pay duty", by deleting "transferee" and substituting the following-

" transferee; and see section 76C (13) ''.

(4) The Second Schedule to the principal Act is amended in clause 16-

(a) in subclause (1) (a) and (c), by deleting "amount of the premium" and substituting, in each case, the following

amount calculated under section 96 (2) ";

and

(b) in subclause (3) (a), by deleting "5% of the premium or 5% of the premium for the first year" and substituting the following-

5% of the amount calculated under section 96 (2) or 5% of the amount so

calculated in respect of the first year" ".