Stamp Duties Act 1923 (SA)

South Australia

Stamp Duties Act 1923

An Act relating to stamp duties.

The Parliament of South Australia enacts as follows:

Part 1Preliminary provisionsDivision 1Short title1Short title

This Act may be cited as the Stamp Duties Act 1923.

Division 2Interpretative provisions2Interpretation

1. (1)

   In this Act, unless it is otherwise provided or there is something in the context repugnant thereto—

approved form means a form approved by the Commissioner;

assessment means an assessment or reassessment by the Commissioner under Part 3 of the Taxation Administration Act 1996, and assess and assessed have corresponding meanings;

beneficial interest means an equitable interest or an interest vested both at law and in equity in the holder of the interest and includes a potential beneficial interest;

business of primary production means the business of agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming, dairy farming, forestry or any other business consisting of the cultivation of soils, the gathering in of crops, the rearing of livestock or the propagation and harvesting of fish or other aquatic organisms;

Commissioner means the person appointed or acting as the Commissioner of State Taxation, and includes a person appointed or acting as a Deputy Commissioner of State Taxation (see Part 9 of the Taxation Administration Act 1996);

die means die or other machine or implement used for impressing or imprinting stamps upon documents;

discretionary trust means an arrangement, however made, under which a person holds property, and the beneficial interest in all or any part of that property may be vested in a person (in this Act referred to as an object of the discretionary trust) on the exercise of a discretion, whether subject to any other contingency or not and whether the exercise of the discretion is obligatory or optional;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

duty means duty charged under this Act, and includes penalty tax and interest payable under Part 5 of the Taxation Administration Act 1996 in relation to duty under this Act;

executed and execution, with reference to instruments not under seal, mean signed and signature;

financial product means—

1. (a)

   any stock, share or other similar security of a corporation (including a government, semi-government or municipal corporation), company or society; or

2. (b)

   any debenture, debenture stock, bond, note or other similar security of a corporation (including a government, semi-government or municipal corporation), company or society (whether constituting a charge on the assets of the corporation, company or society or not); or

3. (c)

   any interest in a managed investment scheme registered under Chapter 5C of the Corporations Act 2001 of the Commonwealth; or

4. (f)

   any other stock, security or interest brought within the ambit of this definition by the regulations,

and includes a right in respect of a financial product but does not include any stock, security or interest excluded from the ambit of this definition by the regulations;

foreign person—see subsection (14);

foreign trust—see subsection (14);

forge includes counterfeit;

GST means the tax payable under the GST law;

GST law means—

1. (a)

   A New Tax System (Goods and Services Tax) Act 1999 (Cwth); and

2. (b)

   the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services;

impressed stamp means—

1. (a)

   a stamp impressed or imprinted by means of a die; or

2. (b)

   a record imprinted or made by means of any machine or implement,

under the direction of the Commissioner in pursuance of this Act;

instrument includes every written document;

interest in property means a legal or equitable interest and includes a potential, contingent, expectant or inchoate interest;

jurisdiction means—

1. (a)

   a State or Territory of Australia; or

2. (b)

   a country or place subject to the laws of a particular legislative authority;

material means any sort of material upon which words or figures can be expressed;

money includes all sums expressed in Australian or foreign currency;

potential beneficial interest means the rights, expectancies or possibilities of an object of a discretionary trust in, or in relation to, property subject to the discretionary trust;

property means real or personal property and includes—

1. (b)

   an interest in property;

quoted, in relation to any shares, units in a unit trust scheme or interests in such shares or units, includes—

1. (a)

   shares, units or interests that have stopped being quoted on a recognised financial market merely because they belong to a class of shares, units or interests the quotation of which has been suspended, unless the body that issued the shares, units or interests has ceased to be included in the official list of the financial market; and

2. (b)

   shares, units or interests that comprise a stapled security that is quoted on a recognised financial market;

recognised financial market means—

1. (a)

   a financial market operated by the Australian Securities Exchange Limited; or

2. (b)

   a financial market of a stock exchange brought within the ambit of this definition by the regulations;

records means records of any kind (whether in documentary or other form);

rent includes an amount (however it may be described in a lease) to be paid by a lessee to a lessor to reimburse, offset or defray the lessor's liability to GST;

right in respect of a financial product means a right, whether actual, prospective or contingent, of any person to have issued to him or her a financial product, whether or not on payment of any money or other consideration for the financial product;

sale of property includes any transaction under which the property is converted into money;

spouse—a person is the spouse of another if they are legally married;

stamp means an impressed stamp;

stamp duty certificate means a certificate issued under section 3E in relation to an instrument;

stamp duty identification number means a stamp duty identification number as determined by the Commissioner;

stamped means bearing an impressed stamp;

State includes the Australian Capital Territory and the Northern Territory;

stock means any share in the stocks or funds of any State or government, or in the capital stock or funded debt of any company, corporation or society (whether incorporated under a law of this or any other State, a law of the Commonwealth, or a law of any other place);

transfer, in relation to property, means transfer, assure or vest at law or in equity (whether or not the transfer, assurance or vesting is subject to registration, the issue of a certificate of title or some other similar requirement);

unit in relation to a unit trust scheme means a right or interest (however described) of a beneficiary under a unit trust scheme;

unit trust scheme means an arrangement made for the purpose, or having the effect, of providing for persons having funds available for investment facilities for the participation by them, as beneficiaries under a trust, in any profits or income arising from the acquisition, holding, management or disposal of any property subject to the trust;

wholly foreign owned corporation—see subsection (14);

wholly foreign owned trust—see subsection (14);

write, written and writing include every mode in which words or figures can be expressed upon material.

1. (2)

   An interest of a particular kind in the proceeds of the sale of property is, until the property is sold, taken to be an interest of the same kind in the property.

   Example—

   A beneficial interest in the proceeds of the sale of property is, until the property is sold, taken to be a beneficial interest in the property.

2. (3)

   A person is taken to transfer a leasehold or other interest in land held from the Crown if the person surrenders the interest so that the Crown may grant to a person other than the surrenderor a leasehold or other interest in the land.

3. (4)

   For the purposes of the application of this Act to and in relation to land (whether referred to as land, real property (or property when it is constituted by land) or a land asset under this Act), the following will be taken to be within the concept of land:

   1. (a)

      an estate or interest in land (including land covered by water);

   2. (b)

      without limiting paragraph (a), a right in relation to land brought within the ambit of this paragraph by subsection (5);

   3. (c)

      without limiting paragraph (a) or (b), any of the following or an estate or interest in any of the following:

      1. (i)

         a mining tenement;

      2. (ii)

         without limiting subparagraph (i), a pipeline constructed under the authority of a pipeline licence under the Petroleum and Geothermal Energy Act 2000;

      3. (iii)

         an interest conferred by a forestry property (vegetation) agreement (within the meaning of the Forest Property Act 2000).

4. (5)

   For the purposes of paragraph (b) of subsection (4), the following are brought within the ambit of that paragraph by this subsection:

   1. (a)

      an option to acquire land;

   2. (b)

      subject to section 31, a right to acquire an estate or interest in land;

   3. (c)

      any other right or interest prescribed by the regulations.

5. (6)

   Subsections (4) and (5) do not extend to—

   1. (a)

      a carbon right under the Forest Property Act 2000; or

   2. (b)

      a lease granted under the Aquaculture Act 2001, including a sublease of such a lease; or

   3. (c)

      any other interest excluded from the application of either subsection by the regulations.

6. (7)

   For the purposes of this Act (other than Part 4), land will be taken to include anything fixed to land, including anything—

   1. (a)

      separately owned from the land; or

   2. (b)

      fixed to the land but notionally severed or considered to be legally separate to the land by virtue of or as a result of another Act or law (so that a separation by another Act for the purposes of that Act will not affect the operation of this paragraph for the purposes of the imposition and calculation of duty).

7. (8)

   In connection with the operation of subsection (7)—

   1. (a)

      the subsection applies to all items fixed to the land whether or not they constitute fixtures at law; and

   2. (b)

      all fixtures at law will be taken to be within the application of the subsection.

8. (9)

   However, if an item is separately owned from land or notionally severed or considered to be legally separate to land—

   1. (a)

      the item will not be taken to form part of a conveyance of the land unless the item is also conveyed; and

   2. (b)

      if the item remains fixed to the land (in the manner contemplated by the preceding subsections)—a conveyance of the item without a conveyance of the land is subject to duty as if it were a conveyance of land.

9. (10)

   Subsection (9)(b) does not extend to a transportable home.

10. (11)

    In this section—

Mining Act means—

1. (a)

   the Mining Act 1971; or

2. (b)

   the Offshore Minerals Act 2000; or

3. (c)

   the Opal Mining Act 1995; or

4. (d)

   the Petroleum and Geothermal Energy Act 2000;

mining tenement means a lease or licence granted—

1. (a)

   under a Mining Act; or

2. (b)

   under or on account of any other Act that confers, or that ratifies an indenture or other arrangement that confers, a right to explore for, or to recover, any minerals, resources or other materials or substances that would, but for that other Act, be subject to the operation of a Mining Act;

transportable home means a structure that—

1. (a)

   has the character of a dwelling; and

2. (b)

   is designed—

   1. (i)

      to be fixed to the land when being used as a dwelling; but

   2. (ii)

      to be able to be moved in a state that would allow the structure to be reused as a dwelling at another place,

but does not include, in any event, a caravan, campervan or other item that is capable of being registered under the Motor Vehicles Act 1959.

1. (12)

   If an instrument under the Real Property Act 1886 is executed by a legal practitioner or a registered conveyancer on behalf of a person under a client authorisation (within the meaning of that Act), the instrument will be taken for the purposes of this Act to have been executed by the person who provided the authorisation.

2. (13)

   A requirement under this Act for an instrument to be duly stamped will be taken to be satisfied if—

   1. (a)

      the Commissioner has issued a stamp duty certificate certifying as to the payment of duty in respect of the instrument; and

   2. (b)

      a stamp duty identification number appears on the instrument,

and such instrument will, for the purposes of the law of the State, be treated in the same way as an instrument that has been duly stamped.

1. (13a)

   If—

   1. (a)

      the Commissioner has issued a stamp duty certificate certifying that an instrument has been assessed as not chargeable with duty; and

   2. (b)

      a stamp duty identification number appears on the instrument,

the instrument will, for the purposes of the law of the State, be treated in the same way as an instrument that has been stamped by the Commissioner with a stamp denoting that it is not chargeable with duty.

1. (14)

   In this Act—

   1. (a)

      a person is a foreign person if—

      1. (i)

         in the case of a natural person—the person is not—

         1. (A)

            an Australian citizen within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; or

         2. (B)

            the holder of a permanent visa within the meaning of section 30(1) of the Migration Act 1958 of the Commonwealth; or

         3. (C)

            a New Zealand citizen who is the holder of a special category visa within the meaning of section 32(1) of the Migration Act 1958 of the Commonwealth; or

      2. (ii)

         in the case of a corporation—

         1. (A)

            the corporation is incorporated in a jurisdiction that is not an Australian jurisdiction; or

         2. (B)

            a person who is a foreign person (by virtue of this paragraph) or a trustee for a foreign trust, or a number of such persons in combination—

            • •

              holds or hold 50% or more of the corporation's shares; or

            • •

              is or are entitled to cast, or control the casting of, 50% or more of the maximum number of votes at a general meeting of the corporation; and

   2. (b)

      a trust is a foreign trust if—

      1. (i)

         in the case of a trust where the beneficial interests are fixed—a beneficial interest of 50% or more of the capital of the trust property is held by 1 or more foreign persons; or

      2. (ii)

         in the case of a discretionary trust—1 or more of the following is a foreign person:

         1. (A)

            a trustee;

         2. (B)

            a person who has the power to appoint under the trust;

         3. (C)

            an identified object under the trust;

         4. (D)

            a person who takes capital of the trust property in default; and

   3. (c)

      a corporation is a wholly foreign owned corporation if a foreign person or the trustee for a foreign trust, or a number of such persons in combination—

      1. (i)

         holds or hold 100% of the corporation's shares; or

      2. (ii)

         is or are entitled to cast, or control the casting of, 100% of the maximum number of votes at a general meeting of the corporation; and

   4. (d)

      a trust is a wholly foreign owned trust if it is not a discretionary trust and a beneficial interest of 100% of the capital of the trust property is held by 1 or more foreign persons.

2. (15)

   In subsection (14)—

hold—a person holds property (including a security of a corporation) if the person—

1. (a)

   is registered as the holder; or

2. (b)

   is beneficially entitled to the property; or

3. (c)

   controls the exercise of rights attached to the property.

3Taxation Administration Act

This Act should be read together with the Taxation Administration Act 1996 which makes provision for the administration and enforcement of this Act and other taxation laws.

Division 3Territorial application of Act

3APrinciples for determining territorial relationship

1. (1)

   An instrument relates to property situated in a particular jurisdiction if it—

   1. (a)

      creates, transfers, redeems, renounces, surrenders, cancels or extinguishes an interest in property situated in the relevant jurisdiction; or

   2. (b)

      deals with an interest in property situated in the relevant jurisdiction in any other way; or

   3. (c)

      acknowledges, evidences or records a transaction to which paragraph (a) or (b) refers.

2. (2)

   A potential, contingent, expectant or other inchoate interest is to be regarded as an interest in property in a particular jurisdiction if the realisation of the potentiality, contingency or expectancy, or the occurrence of any act or event necessary to perfect the interest could result in—

   1. (a)

      an interest in property situated in that jurisdiction; or

   2. (b)

      an interest in the proceeds of the sale of property situated in that jurisdiction.

3. (3)

   For the purpose of calculating duty on an instrument that relates to a potential, contingent, expectant or other inchoate interest—

   1. (a)

      the interest is to be treated as an actual interest ie as if the potentiality, contingency or expectancy had been realised or anything necessary to perfect the interest had occurred; and

   2. (b)

      if the interest is dependent in any way on the exercise of a discretion or any other contingency, it will be presumed that the discretion has been exercised, or the contingency has been realised, so as to give rise to the greatest possible liability to duty in this State.

4. (4)

   An interest in property is taken to be situated in the jurisdiction in which the property to which the interest relates is situated.

3BTerritorial application of Act

1. (1)

   This Act applies in respect of an instrument that relates to property situated, or a matter or thing to be done, in South Australia irrespective of whether—

   1. (a)

      the instrument is within or outside South Australia; or

   2. (b)

      the instrument was executed within or outside South Australia.

2. (2)

   If an instrument relates to property situated in part in South Australia and in part outside South Australia, duty is to be calculated as if the instrument related only to the property situated in South Australia.

3. (3)

   This section operates subject to any other specific provision dealing with how duty is to be calculated on an instrument that relates to property within and outside South Australia.1

Note—

1Section 81B deals with the duty payable on a mortgage over property within and outside the State.

3DStatutory licence

The property in a statutory licence granted under the law of South Australia, and in any rights deriving from such a licence, is taken to be situated in South Australia.

Division 4Stamp duty certificates3ECommissioner may issue stamp duty certificate

1. (1)

   The Commissioner may, by notice published on a website determined by the Commissioner, determine classes of instruments that may be the subject of an application under this section.

2. (2)

   The Commissioner may, on application by a person made in accordance with any requirements of the Commissioner, issue a certificate (a stamp duty certificate)—

   1. (a)

      certifying as to the payment of duty in respect of an instrument identified in the certificate; or

   2. (b)

      certifying that the instrument has been assessed as not chargeable with duty.

3. (3)

   A stamp duty certificate must include the stamp duty identification number that is to appear on the instrument and may include any other information the Commissioner thinks fit.

Part 2General provisions with respect to stamp duties4Imposition of stamp duties

1. (1)

   Subject to the exemptions contained in Schedule 2 and the other provisions of this Act, the stamp duties specified in that Schedule are charged in respect of the instruments specified in that Schedule.

2. (2)

   The parties who executed an instrument are jointly and severally liable to pay the duty charged in respect of the instrument.

6Denotation of duty

1. (1)

   Subject to any express provision to the contrary, the payment of duty on an instrument is to be denoted on the instrument by an impressed stamp.

7Distribution of stamps, commission etc

1. (1)

   The Governor may appoint any person a distributor of stamps.

2. (2)

   Any such distributor may be remunerated by a commission upon the value of stamps purchased for disposal by him, or by salary, or by any other allowance, and upon the sale of stamps to any such distributor such discount may be allowed as may be authorised by regulations made under this Act.

8Stamps to be provided

The Treasurer shall, for denoting the several duties chargeable under this Act, provide such stamps or dies as may be required for the purposes of this Act, and may do any other act which may be necessary for effectually collecting the duties.

11Appropriate stamp to be used

1. (1)

   A stamp which, by any word or words on the face of it, is appropriated to any particular description of instrument shall not be used for any instrument of another description.

1. (2)

   An instrument falling under the particular description to which any stamp is so appropriated shall not be deemed duly stamped unless it is stamped with the stamp so appropriated.

13How instruments to be stamped

1. (1)

   Every instrument written upon stamped material shall be written in such manner, and every instrument partly or wholly written before being stamped shall be so stamped, that the stamp may appear on the face of the instrument and cannot be used for, or applied to, any other instrument written upon the same piece of material.

2. (2)

   If more than one instrument is written upon the same piece of material, each one of those instruments shall be separately and distinctly stamped with the duty with which it is chargeable.

14Instruments to be separately charged

1. (1)

   Except where express provision is made to the contrary—

   1. (a)

      any instrument containing or relating to several distinct matters shall be separately and distinctly charged with duty in respect of each of such matters as if the portion of the instrument containing or relating to each such matter were a separate instrument.

2. (2)

   Without limiting the effect of subsection (1), an instrument relating to classes of property that are chargeable with different rates of duty, or relating to a class of property chargeable with duty and a class of property not chargeable with duty, is to be treated for the purposes of this Act as if the provisions of the instrument relating to each of the different class of property were a separate instrument and related only to that class of property.

3. (3)

   A person liable to pay duty on an instrument of a kind referred to in subsection (2) must provide the Commissioner with evidence of the value of each of the different classes of property conveyed or transferred by the instrument.

15AAscertainment of value of property

1. (1)

   If the value of property is to be ascertained by reference to an actual or notional cost of acquisition, any component of the cost of acquisition that is referable to GST payable on its sale or supply is to be regarded as a component of its value.

2. (2)

   In ascertaining the value of property for the purpose of assessing ad valorem duty on an instrument, the existence of an overriding power of revocation or reconveyance in that or any other instrument may be disregarded.

16Duty in force when instrument produced for stamping to apply

Subject to this Act, the duty chargeable upon any instrument shall be calculated according to the rates in force at the time when the instrument is produced to the Commissioner for the purpose of being stamped.

17Duty payable in respect of instruments conditionally executed

1. (1)

   Subject to subsection (2), an instrument that is executed conditionally by one or more parties is liable to duty as if it had been executed unconditionally.

2. (2)

   If—

   1. (a)

      duty is paid on or in respect of an instrument that was executed conditionally by one or more of the parties;

   2. (b)

      the Commissioner is satisfied that, by reason of non-fulfilment of the condition, or recall of the execution, the instrument will never come into force,

the Commissioner will, on application by a party who paid the duty and production of the instrument, cancel any stamp on the instrument and refund the amount of the duty paid.

18Duty on other instruments

Where the duty with which any instrument is chargeable depends in any manner upon the duty paid upon another instrument, the payment of the last mentioned duty may, on production of both the instruments, be denoted in such manner as the Commissioner thinks fit upon the first mentioned instrument.

19ACertain copies dutiable

1. (1)

   Notwithstanding any other provision of this Act, but subject to subsection (2), where an original instrument chargeable with duty under this Act has not been duly stamped or has been destroyed without being duly stamped, any copy of the instrument shall, for the purposes of this Act, be chargeable with duty as if it were the original and be deemed to have been executed by the person or persons who executed the original at the same time as the original was executed.

2. (2)

   Where an original instrument or a copy of an instrument is duly stamped under this Act, the Commissioner shall, upon application and production of that original or copy, stamp any copy or further copy or the original, as the case may be, with a particular stamp denoting that it is duly stamped.

3. (3)

   In this section—

copy includes—

1. (a)

   a duplicate or counterpart of an original instrument; or

2. (b)

   an instrument that acknowledges, evidences or records the existence or terms of an original instrument; or

3. (c)

   an instrument that acknowledges, evidences or records the transaction or a part of the transaction to which an original instrument relates or related.

20Time for payment of duty and stamping

1. (1)

   Subject to any express provision to the contrary, if an instrument is chargeable with duty, the duty must be paid and the instrument stamped—

   1. (a)

      in the case of an instrument executed in South Australia—within two months after its execution; or

   2. (b)

      in the case of an instrument executed outside South Australia—within two months after its receipt in South Australia or within six months after its execution, whichever period first expires.

2. (2)

   If duty or further duty becomes chargeable on an instrument in consequence of an event occurring after its execution, the duty must be paid and the instrument stamped within two months after that event.

3. (3)

   The payment in relation to an instrument of any penalty tax or interest under Part 5 of the Taxation Administration Act 1996 must be denoted on the instrument by a particular stamp.

4. (4)

   If an instrument that is chargeable with stamp duty is not produced to the Commissioner for stamping within the period prescribed by this section, any person who executed the instrument, or on whose behalf it was executed, is guilty of an offence.

Maximum penalty: $10 000.

1. (5)

   Subsection (4) does not apply in relation to an instrument that has been duly stamped in some other manner authorised by this Act within the relevant period.

2. (6)

   It is a defence to a charge against subsection (4) to prove that the defendant delivered the instrument or had it delivered into the possession of some other party, or an agent for some other party, to the instrument in the reasonable expectation that the other party would have it stamped.

3. (7)

   The commission of an offence against subsection (4) does not affect the validity of the instrument in relation to which the offence was committed.

21Admissibility of unstamped instruments in evidence

Upon the production of any instrument chargeable with duty as evidence in any civil proceedings in any part of South Australia, the officer whose duty it is to read the instrument shall call the attention of the presiding judge, special magistrate or justices to any omission or insufficiency of the stamp thereon.

22Except as aforesaid no unstamped instrument to be received in evidence

No instrument chargeable with duty executed in any part of South Australia, or relating, wherever it was executed, to any property situated, or to any matter or thing done or to be done, in any part of South Australia, shall, except in criminal proceedings, be pleaded or given in evidence, or admitted to be good, useful or available at law or in equity, unless duly stamped.

23Assessments and stamping of instruments

1. (1)

   If the result of an assessment relating to an instrument is that the instrument is not chargeable with duty, the instrument may be stamped by the Commissioner with a particular stamp denoting that it is not chargeable with duty.

2. (2)

   If the result of an assessment relating to an instrument is that the instrument is chargeable with duty or further duty, the instrument is, on payment of any duty or further duty payable in respect of the instrument, to be stamped or further stamped in accordance with the assessment, and, when so stamped, may also be stamped by the Commissioner with a particular stamp denoting that it is duly stamped.

3. (3)

   If the result of an assessment relating to a stamped instrument is that duty or further duty is chargeable in respect of the instrument, the instrument is, from the date of the assessment until the duty or further duty is paid and the instrument is further stamped, to be taken to be insufficiently stamped, and this subsection applies despite the fact that the instrument has already been stamped, whether under this section or another provision of this Act, with a particular stamp denoting that it is not chargeable with duty or that it is duly stamped.

4. (4)

   Every instrument stamped with the particular stamp denoting either that it is not chargeable with duty or that it is duly stamped shall, subject to subsection (3), be admissible in evidence and shall be available for all purposes, notwithstanding any objection relating to duty.

5. (5)

   An instrument on which duty has been assessed by the Commissioner cannot be stamped except in accordance with that assessment unless the Commissioner reassesses duty on the instrument.

27No instrument to be enrolled or registered unless stamped

No person whose office it is to enrol, register or enter in or upon any rolls, books or records any instrument chargeable with any duty, or the memorial of any instrument chargeable with any duty, shall enrol, register or enter any such an instrument or memorial unless the instrument is duly stamped.

Part 3Special provisions with respect to certain stamp dutiesDivision 1Agreements30When agreement comprised of several letters

In any case where an agreement is constituted by two or more letters, the agreement and all the letters shall be deemed to be duly stamped if any one of the letters is duly stamped with the duty payable upon the agreement.

31Certain contracts to be chargeable as conveyances on sale

1. (1)

   Any contract or agreement in writing for the sale of any estate or interest in any property (including goods, wares and merchandise not being goods, wares and merchandise agreed to be sold in the ordinary course of trade by a party whose business is or includes the sale of such goods, wares and merchandise) except—

   1. (a)

      property which cannot vest in the purchaser except upon registration of a conveyance; or

   2. (c)

      stock or shares in the stock, funds or capital of any corporation, company or society,

shall be charged with the same ad valorem duty as if it were an actual conveyance on sale of the estate or interest contracted or agreed to be sold.

1. (1a)

   For the purpose of calculating ad valorem duty payable on a contract or agreement under subsection (1), the value of the estate or interest contracted or agreed to be sold is to be determined on the basis that the consideration specified as being payable for the estate or interest represents the value of the estate or interest.

2. (1b)

   However, if it appears to the Commissioner that the consideration specified as being payable for the estate or interest may be less than the value of the estate or interest and—

   1. (a)

      no evidence of the value of the estate or interest is furnished to the Commissioner; or

   2. (b)

      evidence of the value of the estate or interest furnished to the Commissioner is, in the Commissioner's opinion, unsatisfactory,

the Commissioner may cause a valuation of the estate or interest to be made by a person appointed by the Commissioner and may assess the duty payable by reference to the valuation.

1. (1c)

   The Commissioner may, having regard to the merits of the case, charge the whole or a part of the expenses of, or incidental to, the making of a valuation under subsection (1b) to the person liable to pay the duty and may recover the amount so charged from the person as a debt due to the Crown.

2. (2)

   If duty has been duly paid on a contract or agreement in accordance with subsection (1), the following provisions apply:

   1. (a)

      any conveyance made to the purchaser under the contract or agreement is chargeable with duty only if the value of the estate or interest under the conveyance on the date of the conveyance is greater than the consideration specified in the contract or agreement or on account of an assessment under subsection (1b) (as the case requires);

   2. (b)

      if the conveyance is chargeable with duty under paragraph (a), the amount of duty paid on the contract or agreement is to be deducted from the duty payable on the conveyance;

   3. (c)

      if the conveyance is not chargeable with duty under paragraph (a), the Commissioner, on application and on the production of the contract or agreement duly stamped, must stamp the conveyance with a particular stamp denoting that it is duly stamped.

3. (3)

   For the purposes of this section, a receipt for the payment, in pursuance of any contract or agreement, of any purchase money shall, in the absence of any further or other instrument being or evidencing the contract or agreement, be charged with ad valorem duty.

4. (4)

   If any such contract or agreement as is mentioned in subsection (1) is afterwards rescinded or annulled, or for any other reason is not substantially performed or carried into effect so as to operate as, or to be followed by, a conveyance, the person who paid the ad valorem duty upon the contract or agreement shall be deemed to be possessed of stamped material rendered useless by being inadvertently spoiled, within the meaning of section 106, and the provisions of that section shall apply accordingly.

5. (5)

   This section shall not apply to, or in respect of, any hire-purchase agreement within the meaning of this Act.

Division 3InsuranceSubdivision 1Interpretation32Interpretation

1. (1)

   In this Act—

company includes corporation and society (whether incorporated or unincorporated);

firm includes an association of underwriters carrying on marine insurance business through a managing underwriter solely;

general insurer means an insurer who carries on insurance business in respect of insurance that is not life insurance;

insurance includes assurance;

insurance business means—

1. (a)

   the granting or issuing of life, personal accident, fire, fidelity, guarantee, livestock, plate glass, marine or other insurance; or

2. (b)

   the acceptance, either directly or indirectly, of any premium, renewal premium or consideration for, or in respect of, the granting or issuing or keeping alive or in force of life, personal accident, fire, fidelity, guarantee, livestock, plate glass, marine or other insurance; or

3. (c)

   the receiving of a letter or declaration of interest attaching to a policy of insurance issued in this State or elsewhere; or

4. (d)

   the carrying out, by means of insurance effected out of this State, of a contract or undertaking to effect insurance, whether formal or informal and whether express or implied;

insurer means a company, person or firm that carries on insurance business;

life insurance means insurance of a contingency that is dependent on the duration of human life, but does not include personal accident insurance;

life insurer means an insurer who carries on insurance business in respect of life insurance;

multi-peril crop insurance means insurance covering the total or partial loss of crops resulting from drought (whether or not the policy under which the insurance is provided also covers loss resulting from other perils);

personal accident insurance means—

1. (a)

   insurance covering personal accident or workers compensation; or

2. (b)

   insurance under a policy complying with Part 4 of the Motor Vehicles Act 1959; or

3. (c)

   insurance in respect of trauma or a disabling or incapacitating injury, sickness, condition or disease;

policy includes an instrument in the nature of a policy, an open policy, an insurance cover or an instrument in any manner covering insurance;

premium means an amount paid or payable for insurance and includes—

1. (a)

   an amount charged to a policy holder to reimburse, offset or defray the insurer's liability for GST in respect of the insurance; and

2. (b)

   a levy charged to a policy holder; and

3. (c)

   an instalment of premium; and

4. (d)

   a part of a premium;

registered means registered under this Division.

1. (2)

   If a provision of this Division refers to a premium paid, payable, received, charged or credited in relation to life insurance, or in relation to insurance of another kind, the reference is to be taken to be a reference to the premium to the extent that it was or is paid, payable, received, charged or credited in relation to insurance of the kind referred to in the provision.

Subdivision 2Registration and payment of duty33Registration

1. (1)

   An insurer who carries on insurance business in the State must be registered under this Division.

Maximum penalty: $10 000.

1. (2)

   An application for registration under this Division must be made to the Commissioner in the approved form.

2. (3)

   The Commissioner must register an insurer who applies in the approved form for registration under this Division.

3. (4)

   A registered insurer who is no longer required to be registered may cancel the registration by notice to the Commissioner in the approved form.

4. (5)

   For the purposes of this section, an insurer carries on insurance business in the State if the insurer grants or issues in the State—

   1. (a)

      life insurance or personal accident insurance for a person whose principal place of residence is in the State at the time that the policy providing the insurance is issued; or

   2. (b)

      general insurance for an insurance risk within the State,

(whether the head office or principal place of business of the insurer is in the State or elsewhere).

34Lodgement of statement and payment of duty – general insurance

1. (1)

   A general insurer who is, or is required to be, registered is liable under this section to pay duty in respect of each premium relating to insurance of any kind (other than life insurance) paid to the insurer and must, for that purpose, on or before the 15th day of each month—

   1. (a)

      lodge with the Commissioner a statement in the approved form setting out the total amount of—

      1. (i)

         all such premiums received by the insurer in the previous month; and

      2. (ii)

         any such premiums credited to an account of the insurer (but not received by the insurer) in the previous month that the insurer chooses to include; and

   2. (b)

      pay to the Commissioner duty equivalent to 11% of that amount.

2. (2)

   If a premium that is credited to an account of the insurer but not actually received by the insurer is included in the statement lodged under subsection (1) for the month in which the premium is credited, the insurer need not include the premium in the statement lodged for the month in which the premium is received by the insurer.

3. (3)

   Subject to subsection (4), if a premium that is credited to an account of the insurer but not actually received by the insurer is not included in the statement lodged under subsection (1) for the month in which the premium is credited, the following provisions apply:

   1. (a)

      if the premium is received by the insurer during the period of 12 months commencing on the day on which the premium was credited to the account of the insurer—the insurer must include the premium in the statement lodged for the month in which the premium is received by the insurer;

   2. (b)

      if the premium is not received by the insurer within the 12 month period referred to in paragraph (a)—

      1. (i)

         the premium will be taken for the purposes of this section to have been received by the insurer in the first complete month following the end of that period; and

      2. (ii)

         the insurer must include the premium in the statement lodged for that month.

4. (4)

   Subsection (3)(b) does not apply in relation to a premium that is not received by the insurer because the policy in relation to which the premium was credited is cancelled.

5. (5)

   For the purposes of subsection (1)—

   1. (a)

      a reference to a premium does not include an amount in respect of stamp duty received or charged in respect of a premium; and

   2. (b)

      the amount of a premium—

      1. (i)

         refunded during the month to which the statement relates (whether the premium was received during that month or earlier); or

      2. (ii)

         paid for an insurance risk outside the State (other than a personal accident insurance risk); or

      3. (iii)

         paid for personal accident insurance in respect of a person whose principal place of residence was not in the State at the time the policy providing the insurance was issued,

1. is not to be taken into account.

2. (6)

   To avoid doubt, the duty payable under subsection (1) is payable in respect of a premium relating to insurance of any kind (other than life insurance), irrespective of whether the premium is payable under a policy in relation to which premiums are also payable for life insurance.

35Lodgement of statement and payment of duty – life insurance

1. (1)

   A life insurer who is, or is required to be, registered is liable under this section to pay duty in respect of each premium relating to life insurance paid to the insurer and must, for that purpose, on or before 31 January of each year—

   1. (a)

      lodge with the Commissioner a statement in the approved form setting out the total amount of—

      1. (i)

         all such premiums received by the insurer in the preceding calendar year; and

      2. (ii)

         any such premiums credited to an account of the insurer (but not received by the insurer) in the previous calendar year that the insurer chooses to include; and

   2. (b)

      pay to the Commissioner duty equivalent to 1.5% of that amount.

2. (2)

   If a premium that is credited to an account of the insurer but not actually received by the insurer is included in the statement lodged under subsection (1) for the year in which the premium is credited, the insurer need not include the premium in the statement lodged for the year in which the premium is received by the insurer.

3. (3)

   Subject to subsection (4), if—

   1. (a)

      a premium that is credited to an account of the insurer but not received by the insurer is not included in the statement lodged under subsection (1) for the year in which the premium is credited; and

   2. (b)

      the premium is not received by the insurer in the following calendar year,

the premium will be taken, for the purposes of this section, to have been received by the insurer in that following calendar year and is therefore to be included in the statement for that year.

1. (4)

   Subsection (3) does not apply in relation to a premium that is not received by the insurer because the policy in relation to which the premium was credited is cancelled.

2. (5)

   For the purposes of subsection (1)—

   1. (a)

      a reference to a premium—

      1. (i)

         does not include an amount in respect of stamp duty received or charged in respect of a premium; and

      2. (ii)

         is a reference to a net premium, and any commission or discount is not to be taken into account; and

   2. (b)

      the amount of a premium paid for life insurance in respect of a person whose principal place of residence was not in the State at the time the policy providing the insurance was issued is not to be taken into account; and

   3. (c)

      the amount of a premium refunded during the year to which the statement relates (whether the premium was received during that year or earlier) is not to be taken into account; and

   4. (d)

      an amount that is paid from an account established for investment to an account established for insurance of a risk under a policy providing life insurance will be taken to be a premium received under that policy for insurance of that risk.

3. (6)

   To avoid doubt, the duty payable under subsection (1) is payable in respect of a premium relating to life insurance, irrespective of whether the premium is payable under a policy in relation to which premiums are also payable for insurance that is not life insurance.

Subdivision 3Exempt insurance36Certain premiums exempt from duty

The following premiums are exempt from duty under this Division:

1. (a)

   a premium received or charged in respect of reinsurance;

2. (b)

   a premium received or charged under a private guarantee fidelity insurance scheme promoted amongst and sustained solely for the benefit of the officers and servants of a particular public department, company, person or firm and not extended, either directly or indirectly, beyond such officers and servants;

3. (c)

   a premium received or charged under a scheme referred to in paragraph (b) promoted amongst and sustained solely for the benefit of the officers and members of a friendly society or branch thereof and not extended, either directly or indirectly, beyond such officers and members;

4. (d)

   a premium received or charged for life insurance in respect of investment and not in respect of a risk insured by the policy under which the premium is paid;

5. (e)

   a premium received or charged in respect of a life or personal accident insurance risk where the principal place of residence of the insured person is in the Northern Territory and the policy under which the premium is paid is registered in a registry kept in the Northern Territory pursuant to the Life Insurance Act 1995 of the Commonwealth;

6. (f)

   a premium received or charged under a policy of workers compensation insurance where the premium is referable to insurance against liability to pay workers compensation in respect of workers under the age of 25 years;

7. (g)

   a premium received or charged under a policy of insurance by a body registered under Part 4‑3 of the Private Health Insurance Act 2007 of the Commonwealth where the premium is referable to insurance against medical, dental or hospital expenses;

8. (h)

   a premium received or charged in respect of life insurance providing for the payment of an annuity to the person insured;

9. (i)

   a premium received or charged in respect of the insurance of the hull of a marine craft used primarily for commercial purposes or in respect of the insurance of goods carried by railway, road, air or sea or of the freight on such goods;

10. (j)

    a premium received or charged in respect of multi-peril crop insurance where the policy under which the premium is payable commenced on or after 1 January 2018.

Subdivision 4General37Denoting of duty

The duty paid in connection with a statement lodged with the Commissioner under Subdivision 2 must be denoted on the statement.

38Duty in respect of policies effected outside South Australia

1. (1)

   A company, person or firm that is not required to be registered under section 33 and that obtains, effects or renews, outside the State, a policy of insurance wholly or partly in respect of property in the State, or a risk, contingency or event occurring in the State, must, within 1 month of obtaining, effecting or renewing the policy—

   1. (a)

      lodge with the Commissioner a statement in the approved form containing such particulars of the policy and other information as the Commissioner requires in the particular case; and

   2. (b)

      subject to subsection (2)—pay to the Commissioner duty equivalent to 11% of any premium paid to the insurer in respect of the policy.

2. (2)

   The Commissioner may allow a rebate of the duty payable on the proportion of a premium that is, in the Commissioner's opinion, properly attributable to the insurance of property outside the State or a risk, contingency or event occurring outside the State.

3. (3)

   Duty paid in accordance with this section must be denoted on the statement lodged under subsection (1).

4. (4)

   A company, person or firm that does not lodge a statement as required under this section is nevertheless liable to pay duty to the Commissioner as if the company, person or firm had lodged the statement required under this section immediately before the end of the period allowed for such lodgement.

5. (5)

   Subsection (1) does not apply to—

   1. (a)

      a policy of insurance under which the only insurance provided is life insurance; or

   2. (b)

      a premium paid to an insurer in respect of life insurance.

39Insurers not required to be registered

1. (1)

   The Commissioner may enter into an agreement with an insurer who is not required to register under this Division under which—

   1. (a)

      the Commissioner approves the insurer for the purposes of this section; and

   2. (b)

      the insurer undertakes to pay duty as if the insurer were required to be registered and were in fact registered under this Division.

2. (2)

   A party to an agreement under this section may, by notice in writing to the other party, terminate the agreement at any time.

3. (3)

   If an insurer is neither required to be registered under this Division nor approved under this section, a person who pays a premium to the insurer must, within 21 days after the end of the month in which the premium was paid—

   1. (a)

      furnish a statement to the Commissioner in the approved form stating the amount of premium; and

   2. (b)

      pay to the Commissioner—

      1. (i)

         if the premium relates to life insurance—duty equivalent to 1.5% of the premium; and

      2. (ii)

         if the premium relates to any other kind of insurance—11% of the premium.

4. (4)

   This section does not apply in relation to a premium, supplementary payment or fee paid under Part 5 of the Workers Rehabilitation and Compensation Act 1986.

40Duty payable on acquisition of insurance business

If a company, person or firm acquires contractual rights and obligations of, or in connection with, the insurance business of some other company, person or firm, the acquiring company, person or firm is liable to pay to the Commissioner the amount of any unpaid duty in respect of premiums paid to the other company, person or firm after the end of the period in respect of which such duty was last paid by the other company, person or firm as if those premiums had been paid to the acquiring company, person or firm.

41Refunds

The following are to be taken to be overpayments of tax for the purposes of Part 4 of the Taxation Administration Act 1996:

1. (a)

   duty paid in respect of an amount of premium that has been refunded;

2. (b)

   duty paid in respect of a premium credited to an account of an insurer but not received by the insurer at the time the duty is paid if the policy in respect of which the premium was credited is cancelled before the insurer receives the premium.

Division 4Application for motor vehicle registration42AInterpretation

1. (1)

   In this Act—

applicant means a person by or on whose behalf an application to register a motor vehicle or an application to transfer the registration of a motor vehicle is made;

application to register a motor vehicle means an application to register a motor vehicle made under the Motor Vehicles Act 1959 and includes an application so made to renew the registration of a motor vehicle;

application to transfer the registration of a motor vehicle means an application to transfer the registration of a motor vehicle made under the provisions of the Motor Vehicles Act 1959;

commercial motor vehicle has the same meaning as in the Motor Vehicles Act 1959;

dealer means a person licensed as a dealer under the Second-hand Motor Vehicles Act 1983;

list price means—

1. (a)

   for a motor vehicle—the price (inclusive of GST) fixed by the manufacturer, importer or principal distributor as the retail selling price in the State of a motor vehicle of the relevant make and model;

2. (b)

   for optional equipment—the additional price (inclusive of GST) so fixed if the vehicle is to be sold with the optional equipment;

market value, in relation to a motor vehicle, means the amount (inclusive of GST) for which the motor vehicle might reasonably be sold, free of encumbrances, in the open market;

motor vehicle and trailer have the same meanings as those expressions respectively have in the Motor Vehicles Act 1959;

new motor vehicle means a motor vehicle not previously registered in this State or elsewhere;

optional equipment, in relation to a motor vehicle for which there is a list price, means equipment or a feature of the vehicle that is not covered by that list price, being—

1. (a)

   a particular kind of transmission; or

2. (b)

   power steering; or

3. (c)

   any other prescribed equipment or feature;

policy of insurance means a policy of insurance under Part 4 of the Motor Vehicles Act 1959;

primary producer has the same meaning as in the Motor Vehicles Act 1959;

second-hand motor vehicle means a motor vehicle previously registered in this State or elsewhere.

1. (2)

   For the purposes of this Act, if an applicant for registration, or transfer of registration, of a motor vehicle makes the application by a means of electronic communication approved by the Registrar of Motor Vehicles, the electronic communication is taken to be an instrument executed by the applicant and is chargeable with duty as an application for registration, or transfer of registration, of a motor vehicle (as appropriate).

42BDuty on applications for motor vehicle registration or transfer of registration

1. (1)

   For the purposes of this Act, the value of a motor vehicle is—

   1. (a)

      in the case of an application to register a new motor vehicle for which there is a list price—

      1. (i)

         if the motor vehicle has no optional equipment, the list price of the vehicle; or

      2. (ii)

         if the motor vehicle has optional equipment, the list price of the motor vehicle plus the list price or, if there is no list price, the actual price (inclusive of GST) of the equipment; or

   2. (b)

      in the case of an application to transfer the registration of a second-hand motor vehicle upon sale of the vehicle, the consideration for the sale or the market value of the motor vehicle, whichever is the higher; or

   3. (c)

      in any other case, the market value (inclusive of GST) of the motor vehicle.

2. (1a)

   An applicant for registration, or transfer of registration, of a motor vehicle must state in the application the value of the motor vehicle as at the date of the application.

3. (1b)

   If the Commissioner is not satisfied that the amount stated as the value of a motor vehicle in an application for registration, or transfer of registration, of the vehicle reflects the market value of the vehicle, the Commissioner may cause a valuation of the vehicle to be made by a person appointed by the Commissioner and may assess the duty payable by reference to the valuation.

4. (1c)

   The Commissioner may, having regard to the merits of the case, charge the whole or part of the expenses of, or incidental to, the making of a valuation under subsection (1b) to the person liable to pay the duty and may recover the amount charged as a debt due to the Crown.

5. (1d)

   The amount of stamp duty—

   1. (a)

      payable upon an application to register a motor vehicle shall be an amount calculated by the addition of—

      1. (i)

         the amount prescribed by Schedule 2 as the component payable in respect of registration; and

      2. (ii)

         the amount prescribed by Schedule 2 as the component payable in respect of a policy of insurance; or

   2. (b)

      payable upon an application to transfer the registration of a motor vehicle shall be the amount prescribed by Schedule 2 as the component payable in respect of registration and, in the case of such an application, no additional component shall be payable in respect of a policy of insurance.

6. (2)

   The amount payable upon an application in accordance with subsection (1d) shall be paid by the applicant to the Registrar of Motor Vehicles at the time of making the application.

7. (2a)

   The total amount paid (including stamp duty and any registration fee or premium payable under the Motor Vehicles Act 1959)—

   1. (a)

      on an application to register a motor vehicle shall be denoted by impressed stamp or cash register imprint, or by both, on the certificate or interim certificate of registration relating to that motor vehicle issued by the Registrar or on such form or forms as may be approved by the Commissioner; and

   2. (b)

      on an application to transfer the registration of a motor vehicle shall be denoted by impressed stamp or cash register imprint, or by both, on such form or forms as may be approved by the Commissioner.

8. (2b)

   Section 6 does not apply in relation to an application to register a motor vehicle or an application to transfer the registration of a motor vehicle.

9. (3)

   The Registrar of Motor Vehicles shall furnish the Commissioner, at least once in every month, with a statement showing details of amounts received by him as stamp duty on applications to register, and to transfer the registration of, motor vehicles, and showing separately the amounts so received upon applications to register motor vehicles in respect of policies of insurance, and shall pay all amounts of stamp duty received by him to the Treasurer who shall—

   1. (a)

      place to the credit of the General Revenue—

      1. (i)

         all amounts representing the stamp duty received by the Registrar on applications to register motor vehicles except amounts paid upon such applications in respect of policies of insurance; and

      2. (ii)

         all amounts representing the stamp duty received by the Registrar upon applications to transfer the registration of motor vehicles; and

   2. (b)

      place to the credit of the Hospitals Fund kept at the Treasury all amounts representing stamp duty received by the Registrar upon applications in respect of policies of insurance.

10. (4)

    A person who does not lodge an application to register a motor vehicle, or transfer the registration of a motor vehicle, as required is nevertheless liable to pay duty to the Commissioner as if the person had lodged the required application immediately before the end of the period allowed for making such an application.

11. (5)

    If a person drives a motor vehicle on a road without registration in contravention of the Motor Vehicles Act 1959, the person is to be taken to have been required by this Act to lodge an application to register the vehicle not later than the day preceding the day on which the vehicle is so driven on a road.

12. (6)

    A person is to be taken to be required by this Act to lodge an application to transfer the registration of a motor vehicle within the period within which such an application is required to be made under the Motor Vehicles Act 1959.

13. (7)

    The Commissioner or the Registrar of Motor Vehicles may require an applicant who claims to be entitled to an exemption from, or reduction in, stamp duty under this Act—

    1. (a)

       to state that fact on the application; and

    2. (b)

       to provide such information as the Commissioner or Registrar may require for the purpose of determining the applicant's claim.

42BAConcessional rate of duty on some applications to transfer registration

1. (1)

   The amount of duty payable on an application to transfer the registration of a motor vehicle where a person who is a registered owner of the motor vehicle immediately before the registration is transferred will continue to be a registered owner of the motor vehicle immediately after the registration is transferred is calculated as follows:

where—

D is the amount of duty payable

A is the amount of duty that would be payable apart from this section

B is the number of persons that the application seeks to add to, or remove from, the register as owners of the motor vehicle, whichever is the greater

C is—

1. (a)

   the number of persons who are registered owners of the motor vehicle immediately before the registration is transferred; or

2. (b)

   the number of persons who will be registered owners of the motor vehicle immediately after the registration is transferred,

whichever is the greater.

1. (2)

   This section does not derogate from any other provision conferring an exemption under this Act.

2. (3)

   This section applies to applications executed after its commencement.

42CRefund of duty where vehicle returned or registration or transfer in error

If, on application, the Commissioner is satisfied, in relation to the registration, or transfer of the registration, of a motor vehicle—

1. (a)

   that, within three months after the registration or transfer, the vehicle was returned by the applicant to the person from whom it was acquired and accepted by that person; or

2. (b)

   that the registration or transfer was made in error,

the Commissioner may refund the duty paid in respect of the application for the registration or transfer.

42CARefund of duty on eligibility for reduced fee

If, on application, the Commissioner is satisfied, in relation to the registration of a motor vehicle, that the owner of the vehicle has become entitled to an exemption from, or reduction of, registration fees payable under the Motor Vehicles Act 1959 at any time during the period for which the vehicle is registered, the Commissioner has a discretion to refund to the owner of the vehicle such part of the component of the duty paid under section 42B(1d) on the application for the registration of the vehicle in respect of a policy of insurance as the Commissioner thinks just in the circumstances.

42DTaxation Administration Act and functions of Registrar

The Taxation Administration Act 1996 applies in relation to—

1. (a)

   the payment of money to the Registrar of Motor Vehicles as duty under this Act; and

1. (b)

   the performance of functions by the Registrar under this Act or the Motor Vehicles Act 1959 in relation to duty under this Act,

as if the Registrar were the Commissioner.

42ERegulations

In addition to any power by any other section conferred on the Governor to make regulations as to any matter, the Governor may make any regulations which may be necessary or convenient for carrying out any of the provisions of sections 42A, 42B, 42BA, 42C, 42D and this section or for better effecting the objects of those sections and in particular (without limiting the effect of this section) for prescribing exemptions additional to or in substitution for or repealing or varying any of the exemptions to clause 2 of Schedule 2.

Division 6Conveyances and conveyances on sale60Interpretation

1. (1)

   In this Act—

conveyance includes—

1. (a)

   every conveyance, assignment, transfer or declaration of trust and every application under the Real Property Act 1886 or the Community Titles Act 1996; and

2. (b)

   every decree or order of any court, judge or commissioner; and

3. (c)

   every other application or request of any kind; and

4. (d)

   every other assurance or instrument of any kind,

by which or by virtue of which or by the operation of which, whether upon registration or otherwise, or by the issue of a certificate of title in pursuance of which, any real or personal property or any estate or interest in any such property is assured to, or vested in, any person, and to convey has a meaning coextensive with the meaning of conveyance, as extended by this section;

conveyance on sale includes—

1. (a)

   every conveyance, assignment, transfer or application under the Real Property Act 1886; and

2. (b)

   every decree or order of any court, judge or commissioner; and

3. (c)

   every other application or request of any kind; and

4. (d)

   every other assurance or instrument,

by which or by virtue of which any real or personal property, upon the sale thereof, is legally or equitably transferred to, or vested in, the purchaser or any other person on his behalf or by his direction, and also includes—

1. (e)

   every application for a foreclosure order under the Real Property Act 1886; and

2. (f)

   every lease for which any consideration other than the rent reserved may be paid or agreed to be paid (but only so far as such consideration is concerned).

1. (2)

   If—

   1. (a)

      an instrument is deemed to be a conveyance operating as a voluntary disposition inter vivos by operation of a provision of section 71; but

   2. (b)

      another provision of section 71 expressly provides that the instrument is deemed not to be, or taken not to be, a conveyance operating as a voluntary disposition inter vivos,

the instrument will not be considered to constitute a conveyance on sale within the meaning of subsection (1).

60AValue of property conveyed or transferred

1. (1)

   Subject to subsection (2), a reference in this Act (other than in Part 4) to the value of property conveyed or transferred is a reference to the market value of the property as at the date of the conveyance, assuming that the property had, at that date, been free from any encumbrances.

2. (2)

   In the case of a conveyance on sale, the Commissioner may treat the consideration for the sale as being the value of the property conveyed or transferred unless it appears to the Commissioner that the consideration may be less than the value of the property as referred to in subsection (1).

3. (3)

   Where no evidence of the value of property conveyed or transferred, or comprising or forming part of the consideration for a conveyance, is furnished to the Commissioner, or the evidence so furnished is, in his opinion, unsatisfactory, the Commissioner may cause a valuation of the property to be made by some person appointed by him and may assess the duty payable by reference to that valuation.

4. (4)

   The Commissioner may, having regard to the merits of the case, charge the whole or a part of the expenses of, or incidental to, the making of a valuation pursuant to subsection (3) to the person liable to pay the duty and may recover the amount so charged from him as a debt due to the Crown.

5. (4a)

   Where an interest, agreement or arrangement (granted or made on or after 7 January 1997) in respect of property has the effect of reducing the value of the property, the Commissioner may, for the purposes of assessing the duty payable on a conveyance of the property, disregard the existence of the interest, agreement or arrangement unless a person liable to pay the duty satisfies the Commissioner that the interest, agreement or arrangement—

   1. (a)

      was granted or made for a purpose other than reducing the value of the property; and

   2. (b)

      was not granted or made in favour of the transferee or a person related to the transferee.

6. (4b)

   Where an estate or interest conveyed or transferred merges with an estate or interest already held by the transferee (the latter having been acquired by the transferee on or after 7 January 1997), the Commissioner may, for the purposes of assessing the duty payable on the conveyance, treat the value of the estate or interest conveyed or transferred as being—

   1. (a)

      where the instrument creating the estate or interest already held was charged with ad valorem duty as a conveyance—the value of the estate or interest produced by the merger less the value of the estate or interest already held; or

   2. (b)

      in any other case—the value of the estate or interest produced by the merger.

7. (5)

   In subsection (1)—

encumbrance does not include a prescribed encumbrance or an encumbrance of a prescribed kind.

1. (6)

   For the purposes of subsection (4a) (but subject to subsection (7))—

   1. (a)

      natural persons are related persons if—

      1. (i)

         they are members of a partnership within the meaning of the Partnership Act 1891; or

      2. (ii)

         one is the spouse or domestic partner of the other or the relationship between them is that of parent and child; and

   2. (b)

      companies are related persons if they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; and

   3. (c)

      trustees are related persons if any person is a beneficiary common to the trusts of which they are trustees; and

   4. (d)

      a natural person and a company are related persons if the natural person is a majority shareholder, director or secretary in or of the company or in or of another company that is a related body corporate of the company within the meaning of the Corporations Act 2001 of the Commonwealth; and

   5. (e)

      a natural person and a trustee are related persons if the natural person is a beneficiary of the trust of which the trustee is a trustee; and

   6. (f)

      a company and a trustee are related persons if—

      1. (i)

         the company, or a majority shareholder, director or secretary in or of the company, is a beneficiary of the trust of which the trustee is a trustee; or

      2. (ii)

         a related body corporate of the company (within the meaning of the Corporations Act 2001 of the Commonwealth) is a beneficiary of the trust of which the trustee is a trustee.

2. (7)

   For the purposes of subsection (4a), persons are not related persons if the Commissioner is satisfied that the persons were not acting together to achieve a common purpose.

3. (8)

   In subsection (6)—

majority shareholder, in relation to a company, means a person who would have a substantial shareholding in the company as defined in section 9 of the Corporations Act 2001 of the Commonwealth if the reference to 5% in paragraph (a) of the definition of substantial holding in that section were replaced by a reference at 50%.

1. (9)

   In addition to the preceding subsections, when determining the value of property—

   1. (a)

      it is to be assumed that a hypothetical purchaser would, when negotiating the price for the property, have knowledge of all existing information relating to the property; and

   2. (b)

      no account is to be taken of any amount that a hypothetical purchaser would have to expend to reproduce, or otherwise acquire a permanent right of access to and use of, existing information relating to the property.

60BRefund of duty where transaction is rescinded or annulled

1. (1)

   Where a party to an instrument of a kind that is registrable under the Real Property Act 1886 satisfies the Commissioner, upon application made to him not later than 5 years after execution of the instrument—

   1. (a)

      that he has paid duty upon the instrument; and

   2. (b)

      that the transaction in respect of which the instrument was executed has been frustrated or avoided or has miscarried through failure of a party to comply with a condition,

the applicant shall be deemed to be possessed of stamped material rendered useless by being inadvertently spoiled within the meaning of section 106, and the provisions of that section shall apply accordingly.

60CRefund of duty on reconveyance of property subject to a common law mortgage

1. (1)

   If—

   1. (a)

      ad valorem duty is paid on a conveyance of property (the prior conveyance); and

   2. (b)

      the sole purpose of the conveyance is to secure a liability under a loan, indemnity or guarantee; and

   3. (c)

      a conveyance (the later conveyance) reconveys the property to the person by whom the security was given under the terms of the security or on extinguishment or termination of the secured liability,

this section applies to the later conveyance.

1. (2)

   If the Commissioner is satisfied that a conveyance is one to which this section applies—

   1. (a)

      no stamp duty is payable on the conveyance; and

   2. (b)

      the Commissioner must, on application by the person to whom the property is reconveyed, refund the duty paid on the prior conveyance.

61Method or estimating value of consideration where consideration consists of shares

Where the consideration or part of the consideration for a conveyance chargeable with ad valorem duty consists of shares or debentures to be issued by a company, or a contract to issue such shares or debentures, the market value of the shares or debentures shall be taken as the value of the consideration or part.

62Land use entitlements

1. (1)

   This section applies to—

   1. (a)

      a transaction under which a person acquires a share in a company or an interest under a trust that confers a right to the possession of a dwelling that is owned and administered by the company or the trustees of the trust; or

   2. (b)

      a transaction under which a person acquires a right to the possession of land as a result of becoming or being the owner of a share in a company or an interest under a trust.

2. (2)

   This section does not apply to—

   1. (a)

      a transaction under which a person acquires a share in a company or an interest under a trust that confers a right to the possession of a dwelling that is part of a retirement village scheme under the Retirement Villages Act 1987; or

   2. (b)

      a transaction exempted by the regulations from this section.

3. (3)

   An instrument that gives effect to, or acknowledges, evidences or records, a transaction to which this section applies is dutiable under this Act as if—

   1. (a)

      it were a conveyance of an interest in the dwelling or land; and

   2. (b)

      the value of the interest in the dwelling or land were—

      1. (i)

         if the person acquires a right to exclusive possession of the dwelling or land—the value of an unencumbered estate in fee simple in the dwelling or land; or

      2. (ii)

         in any other case—a proportion of the value of an unencumbered estate in fee simple in the dwelling or land reflecting the more limited extent of the possessory right.

4. (4)

   If a lease is conveyed, assigned or transferred as part of a transaction to which this section applies, duty payable under this section on account of the transaction will be reduced to the extent that duty is paid on the conveyance, assignment or transfer of the lease.

64Consideration in case of lease

In the case of a lease for which any consideration other than the rent reserved may be paid or agreed to be paid, the amount of the other consideration shall be deemed the consideration for the conveyance on sale.

65Where consideration consists of real or personal property

Where the consideration or any part of the consideration for a conveyance on sale consists of any real or personal property other than money, the market value of the real or personal property at the date of the conveyance will be taken as the value of the consideration or part of the consideration.

66Where consideration is payable in instalments

Where the consideration or any part of the consideration for a conveyance on sale consists of money payable periodically for a definite period, so that the total amount to be paid can be previously ascertained, the total amount shall be taken as the consideration or part of the consideration.

67Computation of duty where instruments are interrelated

1. (1)

   Subject to subsection (2), this section applies to the following instruments:

   1. (a)

      a conveyance on sale; or

   2. (b)

      a conveyance operating as a voluntary disposition inter vivos; or

   3. (c)

      an instrument chargeable with duty as if it were a conveyance (including a statement under section 71E).

2. (2)

   This section does not apply to the following instruments:

   1. (a)

      a conveyance that relates to property that is being conveyed in separate parcels to different persons by separate conveyances where the Commissioner is satisfied that no arrangement or understanding exists between the persons under which the parcels of property conveyed are to be used otherwise than separately and independently from each other;

   2. (ab)

      a conveyance that relates to land that is being conveyed as part of a series of separate conveyances of land by different persons to the same person (whether that person takes alone or with the same or different persons) where the Commissioner is satisfied that the land is being conveyed by persons acting separately and independently from each other;

   3. (d)

      an instrument excluded from the operation of this section by the regulations.

3. (3)

   Where two or more instruments to which this section applies—

   1. (a)

      arise from a single contract of sale; or

   2. (b)

      together form, or arise from, substantially one transaction or one series of transactions,

the instruments are chargeable with ad valorem duty calculated on the sum of the amounts by reference to which ad valorem duty on each of the instruments would, but for this subsection, have been calculated, and that duty will be apportioned to the various instruments as determined by the Commissioner.

1. (4)

   Where by instruments that have been, or appear to have been, executed within 12 months of each other a person conveys property or interests in property to the same person (whether that person takes alone or with the same or different persons), it will be presumed, unless the Commissioner is satisfied to the contrary, that the instruments form one transaction or one series of transactions.

2. (5)

   If 2 or more instruments to which this section applies together form or arise from substantially 1 series of transactions, the instruments are to be taken for the purposes of the calculation of duty to form or arise from a single transaction made when the earlier or earliest of the transactions was made.

3. (7)

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

68Duty in certain cases

1. (3)

   Where a person, having contracted for the purchase of any property but not having obtained a conveyance, contracts to sell it to any other person and the property is in consequence conveyed immediately to the subpurchaser, the conveyance shall be chargeable with ad valorem duty as a conveyance for the consideration for the sale to the original purchaser and also as a conveyance for the consideration for the sale by the original purchaser to the subpurchaser, in the same manner as if the considerations were specified in separate instruments.

2. (4)

   Where a person, having contracted for the purchase of any property but not having obtained a conveyance, contracts to sell the whole or any part or parts thereof to any other person and the property is in consequence conveyed by the original seller to different persons in parts or parcels, the conveyance of each part or parcel shall be chargeable with ad valorem duty as a conveyance for the consideration for the sale to the original purchaser and also as a conveyance for the consideration for the sale by the original purchaser to the subpurchaser, in the same manner as if the considerations were specified in separate instruments. The consideration for the sale to the original purchaser in respect of each part or parcel shall, for the purposes of this subsection, be ascertained by determining the ratio which the value of the part or parcel in question bears to the value of the whole property and shall be specified in the instrument of conveyance.

3. (5)

   Where a subpurchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty as a conveyance for the consideration moving from him and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with ad valorem duty as a conveyance for the consideration for the sale to the original purchaser.

70Evasion of duty

1. (1)

   Subject to subsection (2), an instrument executed in order, either directly or indirectly, to avoid or evade the payment of the duty payable upon a conveyance on sale is void.

2. (2)

   Where a third party relying in good faith on an instrument that is void by virtue of subsection (1) purports to acquire an interest in property subject to the instrument, the instrument shall, for the purposes of that transaction, be treated as valid, provided that it is duly stamped as a conveyance on sale.

71Instruments chargeable as conveyances

1. (1)

   The value for the purposes of this Act of the property conveyed by any conveyance operating as a voluntary disposition inter vivos shall be declared in the conveyance.

2. (3)

   For the purposes of this Act, the following instruments shall, subject to this section, be deemed to be conveyances operating as voluntary dispositions inter vivos:

   1. (a)

      an instrument effecting or acknowledging, evidencing or recording, any of the following transactions:

      1. (i)

         a transfer of property to a person who takes as trustee; or

      2. (ii)

         a declaration of trust; or

      3. (iii)

         the creation of an interest in property subject to a trust; or

      4. (iv)

         a transfer of an interest in property subject to a trust; or

      5. (v)

         the surrender or renunciation of an interest in property subject to a trust; or

      6. (vi)

         the redemption, cancellation or extinguishment of an interest in property subject to a trust,

   whether or not any consideration is given for the transaction; or

   1. (b)

      an instrument to which paragraph (a) does not apply, being a conveyance that is not chargeable with duty as a conveyance on sale.

3. (5)

   Subject to subsection (6), an instrument effecting or acknowledging, evidencing or recording, any of the following transactions shall be deemed not to be a conveyance operating as a voluntary disposition inter vivos:

   1. (b)

      a transfer in specie of property of a company in liquidation made by the liquidator to a shareholder of the company;

   2. (d)

      a transfer of property for the purpose of effectuating the retirement of a trustee or the appointment of a new trustee, where the Commissioner is satisfied that the transfer is not part of a scheme for conferring a benefit, in relation to the trust property, upon the new trustee or any other person, whether as a beneficiary or otherwise, to the detriment of the beneficial interest of any person;

   3. (da)

      a transfer of property subject to a registered managed investment scheme if the transfer is—

      1. (i)

         from the responsible entity of the scheme to a person as primary custodian for the responsible entity; or

      2. (ii)

         from a person as primary custodian for the responsible entity of the scheme to the responsible entity;

      Exception to paragraph (da)—

      Paragraph (da) does not apply to a transfer of property that is part of an arrangement under which—

      1. (a)

         the property ceases to be subject to the scheme; or

      2. (b)

         the persons who are members of the scheme do not have the same interest in the property after the property is transferred as they had immediately before the arrangement was entered into.

   4. (e)

      a transfer of property by a trustee to a person who has a beneficial interest in the property in the following circumstances:

      1. (i)

         the person has a beneficial interest in the property (other than a potential beneficial interest) by virtue of an instrument that is duly stamped; and

Exemption No 16	substituted by 28/1977 s 5	28.7.1977
Exemption No 17	inserted by 139/1982	8.7.1982
substituted by 81/1985 s 11(c)	5.8.1985
Exemption No 18	inserted by 31/1994 s 9(b)	30.5.1994
amended by 41/2004 s 10(5)	24.2.2005
Exemption No 19	inserted by 28/2005 s 15(2)	1.7.2006
cl 2(3)	amended by 47/1990 s 5(2)	1.1.1991
amended by 77/1995 s 17(b)	1.7.1996
amended by 36/1998 s 3(c)	27.7.1998
amended by 40/2013 Sch 1 cl 1(1), (2)	21.11.2013
Exemption No 20	inserted by 41/2015 s 48(1)	26.11.2015
Exemption No 21	inserted by 41/2015 s 48(1)	26.11.2015
cl 2(4)
Exemption No 2	substituted by 64/1989 s 4(d)	28.3.1990
substituted by 30/1996 s 43(d)	1.7.1996
Exemption No 3A	inserted by 8/1986 s 7(d)	13.3.1986
deleted by 38/2008 s 44(2)	1.1.2009
Exemption No 5	substituted by 83/1994 s 12 (Sch)	8.12.1994
amended by 41/2004 s 10(6)	24.2.2005
Exemption No 5A	inserted by 76/1994 s 7(b)	2.3.1995
substituted by 77/1995 s 17(c)	1.7.1996
substituted by 30/1996 s 43(e)	1.7.1996
Exemption No 5B	inserted by 77/1995 s 17(c)	1.7.1996
deleted by 30/1996 s 43(e)	1.7.1996
Exemption No 6	substituted by 41/2004 s 10(7)	24.2.2005
Exemption No 6A	inserted by 54/1991 s 5(b)	3.2.1992
deleted by 30/1996 s 43(f)	1.7.1996
Exemption No 8	amended by 89/1978 s 3	18.1.1979
(c) deleted by 89/1978 s 3	18.1.1979
amended by 84/2009 s 333	1.2.2010
Exemption No 9	inserted by 41/2015 s 48(2)	26.11.2015
Exemption No 10	inserted by 41/2015 s 48(2)	26.11.2015
BANK NOTE	deleted by 111/1980 s 15(b)	6.11.1980
BILL OF EXCHANGE payable on demand...	amended by 70/1981 s 12(a)	2.11.1981
substituted by 89/1983 s 10(a)	1.1.1984
substituted by 19/1991 s 6(e)	18.4.1991
deleted by 82/1997 s 7(a)	1.1.1998
BILL OF EXCHANGE, being a cheque...	inserted by 89/1983 s 10(a)	1.1.1984
amended by 50/1984 s 3(1) (Sch 6)	1.11.1984
deleted by 82/1997 s 7(a)	1.1.1998
BILL OF EXCHANGE, being a payment order	inserted by 19/1991 s 6(f)	18.4.1991
deleted by 82/1997 s 7(a)	1.1.1998
BILL OF EXCHANGE and PROMISSORY NOTE drawn or made...	amended by 70/1981 s 12(b)	2.11.1981
deleted by 82/1997 s 7(a)	1.1.1998
BILL OF EXCHANGE and PROMISSORY NOTE (not being a bill or note...	deleted by 82/1997 s 7(a)	1.1.1998
BILL OF EXCHANGE and PROMISSORY NOTE of any other kind (except a bank note)	amended by 19/1991 s 6(g)	18.4.1991
amended by 83/1994 s 12 (Sch)	8.12.1994
deleted by 82/1997 s 7(a)	1.1.1998
BILL OF LADING OR SHIPPING NOTE	deleted by 81/1985 s 11(d)	5.8.1985
CONTRACT NOTE (not otherwise charged)	deleted by 50/1984 s 3(1) (Sch 6)	1.11.1984
CONTRACT NOTE	deleted by 50/1984 s 3(1) (Sch 6)	1.11.1984
CONTRACT	deleted by 50/1984 s 3(1) (Sch 6)	1.11.1984
cl 3	CONVEYANCE or TRANSFER amended by 101/1976 s 7	16.12.1976
CONVEYANCE or TRANSFER amended by 111/1980 s 15(c), (d)	6.11.1980
CONVEYANCE or TRANSFER amended by 95/1982 s 17(a)—(d)	23.12.1982
CONVEYANCE or TRANSFER (ab) deleted by 89/1983 s 10(b)	1.1.1984
CONVEYANCE or TRANSFER amended by 89/1983 s 10(c)	1.1.1984
CONVEYANCE or TRANSFER amended by 50/1984 s 3(1) (Sch 6)	1.11.1984
CONVEYANCE or TRANSFER amended by 81/1985 s 11(e), (g)	5.8.1985
CONVEYANCE or TRANSFER (aab) deleted by 81/1985 s 11(f)	5.8.1985
CONVEYANCE or TRANSFER amended by 8/1986 s 7(e)	13.3.1986
CONVEYANCE or TRANSFER amended by 42/1992 s 6(b)	1.9.1992
CONVEYANCE or TRANSFER amended by 88/1992 s 44(b), (c)	14.12.1992
CONVEYANCE or TRANSFER amended by 49/1995 s 9(a)	1.7.1995
CONVEYANCE or TRANSFER amended by 40/1999 s 2(a)	5.8.1999
CONVEYANCE or TRANSFER amended by 15/2002 s 7(a)	5.9.2002
CONVEYANCE or TRANSFER amended by 34/2002 s 45(a), (b)	1.8.2003
CONVEYANCE or TRANSFER amended and redesignated as cl 3 by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 3(1)	amended by 38/2008 s 44(3)	1.1.2009
amended by 7/2017 s 139(1), (3)	15.3.2017
(a) deleted by 7/2017 s 139(2)	15.3.2017
cl 3(2)
Exemption No 1	substituted by 81/1985 s 11(h)	5.8.1985
substituted by 80/2000 s 20(a)	14.12.2000
Exemption No 2	inserted by 81/1985 s 11(h)	5.8.1985
amended by 34/2002 s 45(c)	1.8.2003
amended by 41/2004 s 10(8)	4.11.2004
Exemption No 3	inserted by 100/1986 s 18(f)	18.12.1986
amended by 34/2002 s 45(d)	1.8.2003
deleted by 38/2008 s 44(4)	1.1.2009
Exemption No 3	inserted by 7/2017 s 139(4)	15.3.2017
Exemption No 4	inserted by 100/1986 s 18(f)	18.12.1986
amended by 83/1994 s 12 (Sch)	8.12.1994
amended by 38/2008 s 44(5)	1.1.2009
Exemption No 5	inserted by 100/1986 s 18(f)	18.12.1986
substituted by 83/1994 s 12 (Sch)	8.12.1994
amended by 38/2008 s 44(6)	1.1.2009
amended by 58/2009 s 42(1)	1.1.2010
cl 4 before deletion by 7/2017	CONVEYANCE operating substituted by 101/1976 s 8	16.12.1976
CONVEYANCE operating amended by 81/1985 s 11(i)	5.8.1985
CONVEYANCE operating amended by 36/1990 s 8	24.5.1990
CONVEYANCE operating amended by 88/1992 s 44(d), (e)	14.12.1992
CONVEYANCE operating amended by 14/1994 s 15(a)	1.9.1994
CONVEYANCE operating amended by 49/1995 s 9(b)	1.7.1995
CONVEYANCE operating amended by 42/1997 s 4	17.7.1997
CONVEYANCE operating amended by 40/1999 s 2(b)	5.8.1999
CONVEYANCE operating amended by 15/2002 s 7(b)	5.9.2002
CONVEYANCE operating amended by 34/2002 s 45(e)	1.8.2003
CONVEYANCE operating amended and redesignated as cl 4 by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 4(1)	amended by 38/2008 s 44(7)	1.1.2009
(aa) deleted by 38/2008 s 44(7)	1.1.2009
cl 4(2)
Exemption No 2	inserted by 81/1985 s 11(j)	5.8.1985
substituted by 80/2000 s 20(b)	14.12.2000
Exemption No 3	inserted by 100/1986 s 18(g)	18.12.1986
amended by 34/2002 s 45(f)	1.8.2003
deleted by 38/2008 s 44(8)	1.1.2009
Exemption No 4	inserted by 100/1986 s 18(g)	18.12.1986
amended by 83/1994 s 12 (Sch)	8.12.1994
amended by 38/2008 s 44(9)	1.1.2009
Exemption No 5	inserted by 100/1986 s 18(g)	18.12.1986
substituted by 83/1994 s 12 (Sch)	8.12.1994
amended by 38/2008 s 44(10)	1.1.2009
amended by 58/2009 s 42(2)	1.1.2010
cl 4	deleted by 7/2017 s 139(5)	15.3.2017
cl 5	CONVEYANCE for the partition amended by 95/1982 s 17(e)	23.12.1982
CONVEYANCE for the partition amended by 42/1992 s 6(c)	1.9.1992
CONVEYANCE for the partition redesignated as cl 5 by 44/2003 s 3(1) (Sch 1)	24.11.2003
deleted by 28/2005 s 15(3)	1.7.2006
cl 6	CONVEYANCE for effectuating amended by 111/1980 s 15(e)	6.11.1980
CONVEYANCE for effectuating amended by 42/1992 s 6(d)	1.9.1992
CONVEYANCE for effectuating redesignated as cl 6 by 44/2003 s 3(1) (Sch 1)	24.11.2003
deleted by 28/2005 s 15(3)	1.7.2006
CONVEYANCE to which s 71D applies	inserted by 111/1980 s 15(f)	6.11.1980
deleted by 19/1991 s 6(h)	18.4.1991
cl 7	CONVEYANCE of any other kind amended by 42/1992 s 6(e)	1.9.1992
CONVEYANCE of any other kind redesignated as cl 7 by 44/2003 s 3(1) (Sch 1)	24.11.2003
deleted by 28/2005 s 15(3)	1.7.2006
cl 8	DEED substituted by 42/1992 s 6(f)	1.9.1992
DEED redesignated as cl 8 by 44/2003 s 3(1) (Sch 1)	24.11.2003
deleted by 28/2005 s 15(2)	1.7.2006
DOCUMENT or other INSTRUMENT	deleted by 95/1982 s 17(f)	23.12.1982
INSTALMENT PURCHASE AGREEMENT	deleted by 50/1984 s 3(1) (Sch 6)	1.11.1984
cl 9 before deletion by 28/2005	INSTRUMENT amended by 42/1992 s 6(g)	1.9.1992
INSTRUMENT redesignated as cl 9 by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 9	deleted by 28/2005 s 15(3)	1.7.2006
LEASE (not being a lease...)	amended by 111/1980 s 15(g)	6.11.1980
amended by 81/1985 s 11(k)	5.8.1985
deleted by 72/1995 s 6(d)	23.11.1995
cl 10 before deletion by 24/2009	LEASE or AGREEMENT FOR LEASE inserted by 72/1995 s 6(d)	23.11.1995
amended and redesignated as cl 10 by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 10(2)
Exemption No 1	substituted by 27/2001 s 14	1.1.2002
LEASE made subsequently...	deleted by 72/1995 s 6(e)	23.11.1995
LETTER OF ALLOTMENT	deleted by 81/1985 s 11(l)	5.8.1985
cl 10	deleted by 24/2009  18(1)	4.6.2009
cl 11 before deletion by 7/2017	may be repealed by proclamation: s 82A
MORTGAGE amended by 101/1976 s 9	16.12.1976
MORTGAGE amended by 88/1992 s 44(f)(i)	14.12.1992
MORTGAGE amended by 31/2003 s 13	1.10.2003
MORTGAGE amended and redesignated as cl 11 by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 11(1)	amended by 28/2005 s 12(1)	1.7.2005
(a)(iii) deleted by 28/2005 s 12(1)	1.7.2005
amended by 28/2005 s 17	1.7.2007
amended by 28/2005 s 20	1.7.2008
cl 11(2)
Exemption Nos 2a and 2b	inserted by 28/2005 s 12(2)	1.7.2005
Exemption No 3	inserted by 88/1992 s 44(f)(ii)	14.12.1992
amended by 23/2001 s 117(a)	15.7.2001
Exemption No 4	inserted by 72/1995 s 6(f)	23.11.1995
cl 11(3) and (4)	inserted by 28/2005 s 12(3)	1.7.2005
cl 11	deleted by 7/2017 s 139(6)	15.3.2017
POWER OF ATTORNEY	deleted by 42/1992 s 6(h)	1.9.1992
RECEIPTS	deleted by 50/1984 s 3(1) (Sch 6)	1.11.1984
cl 12 before deletion by 10/2011	RETURN lodged with the Commissioner by a company redesignated as cl 12 by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 12	deleted by 10/2011 s 5(2)	1.5.2011
cl 13 before deletion by 24/2009	RETURN lodged with the Commissioner by a financial institution under s 44 inserted by 82/1997 s 7(b)	1.1.1998
RETURN lodged with the Commissioner by a financial institution under s 44 amended by 41/1999 s 23(b)	1.12.1998
RETURN lodged with the Commissioner by a financial institution under s 44 amended and redesignated as cl 13 by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 13(2)
Exemption No 1	amended by 41/1999 s 23(c), (d)	1.12.1998
Exemption No 2	amended by 41/1999 s 23(e)	1.12.1998
Exemption No 3	amended by 41/1999 s 23(f), (g)	1.12.1998
cl 13	deleted by 24/2009 s 18(2)	4.6.2009
cl 14 before deletion by 38/2008	RETURN lodged with the Commissioner by a dealer amended by 111/1980 s 15(h)	6.11.1980
RETURN lodged with the Commissioner by a dealer amended by 42/1992 s 6(i)	1.9.1992
RETURN lodged with the Commissioner by a dealer amended by 49/1995 s 9(c), (d)	1.7.1995
RETURN lodged with the Commissioner by a dealer amended by 34/2002 s 44(g)	1.8.2003
RETURN lodged with the Commissioner by a dealer amended and redesignated as cl 14 by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 14(2)
Exemption No 1	amended by 100/1986 s 18(h)	1.2.1987
substituted by 34/2002 s 45(h)	1.8.2003
Exemption No 2	amended by 100/1986 s 18(i)	1.2.1987
substituted by 34/2002 s 45(h)	1.8.2003
cl 14	deleted by 38/2008 s 44(11)	1.1.2009
cl 15 before deletion by 38/2008	RETURN under s 90G inserted by 8/1986 s 7(f)	13.3.1986
RETURN under s 90G substituted by 42/1992 s 6(j)	1.9.1992
RETURN under s 90G amended by 49/1995 s 9(e)	1.7.1995
RETURN under s 90G amended by 34/2002 s 45(i)	1.8.2003
RETURN under s 90G redesignated as cl 15 by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 15	deleted by 38/2008 s 44(11)	1.1.2009
TOTALIZATOR	deleted by 104/1976 s 4(2) (Sch 2)	1.1.1977
TOTALIZATOR AGENCY BOARD	deleted by 104/1976 s 4(2) (Sch 2)	1.1.1977
Pt 2	heading inserted by 44/2003 s 3(1) (Sch 1)	24.11.2003
cl 16	GENERAL EXEMPTIONS FROM ALL STAMP DUTIES amended and redesignated as cl 16 by 44/2003 s 3(1) (Sch 1)	24.11.2003
Exemption No 1	substituted by 111/1980 s 15(i)	6.11.1980
Exemption No 1A	inserted by 88/1992 s 44(g)	14.12.1992
Exemption No 6	substituted by 101/1976 s 10	16.12.1976
substituted by 30/1982 s 4	19.8.1982
substituted by 95/1982 s 17(g)	23.12.1982
Exemption No 13	substituted by 42/1992 s 6(k)	1.9.1992
Exemption No 13C	inserted by 8/1986 s 7(g)	13.3.1986
deleted by 38/2008 s 44(12)	1.1.2009
Exemption No 14	deleted by 38/2008 s 44(12)	1.1.2009
Exemption Nos 14A and 14B	deleted by 50/1984 s 3(1) (Sch 6)	1.11.1984
Exemption No 19	substituted by 14/1994 s 15(b)	1.9.1994
amended by 34/2002 s 45(j)	1.8.2003
Exemption No 20	amended by 14/1994 s 15(c)	1.9.1994
amended by 34/2002 s 45(k)	1.8.2003
Exemption No 20A	inserted by 11/1999 s 4	18.3.1999
amended by 23/2001 s 117(b)	15.7.2001
deleted by 38/2008 s 44(13)	1.1.2009
Exemption No 21	amended by 14/1994 s 15(c)	1.9.1994
amended by 34/2002 s 45(l)	1.8.2003
Exemption No 22	inserted by 83/1994 s 11	8.12.1994
amended by 18/1996 s 10(a)	24.4.1996
amended by 23/2001 s 117(c)	15.7.2001
amended by 34/2002 s 45(m)	1.8.2003
deleted by 38/2008 s 44(14)	1.1.2009
Exemption No 23	amended by 50/1984 s 3(1) (Sch 6)	1.11.1984
prescribed person	amended by 50/1984 s 3(1) (Sch 6)	1.11.1984
amended by 46/2019 s 38(1), (2)	1.5.2020
Exemption No 24	inserted by 52/1989 s 10	21.9.1989
substituted by 14/1994 s 15(d)	1.9.1994
amended by 49/1995 s 9(f)	1.7.1995
substituted by 34/2002 s 45(n)	1.8.2003
deleted by 38/2008 s 44(15)	1.1.2009
Exemption No 24AA	inserted by 18/1996 s 10(b)	24.4.1996
amended by 34/2002 s 45(o)	1.8.2003
deleted by 38/2008 s 44(15)	1.1.2009
Exemption No 24A	inserted by 14/1994 s 15(d)	1.9.1994
amended by 34/2002 s 45(p)	1.8.2003
deleted by 38/2008 s 44(15)	1.1.2009
Exemption No 24B	inserted by 14/1994 s 15(d)	1.9.1994
amended by 34/2002 s 45(q)	1.8.2003
Exemption No 24C	inserted by 72/1995 s 6(g)	23.11.1995
amended by 34/2002 s 45(r)	1.8.2003
deleted by 38/2008 s 44(16)	1.1.2009
Exemption No 24D	inserted by 21/2000 s 28(d)	8.6.2000
amended by 34/2002 s 45(s)	1.8.2003
deleted by 38/2008 s 44(16)	1.1.2009
Exemption No 25	inserted by 74/1991 s 14	12.12.1991
amended by 58/2001 Sch 2 cl 6	1.1.2003
Exemption No 26	inserted by 80/2000 s 20(c)	14.12.2000
substituted by 23/2008 s 4	26.6.2008
Exemption No 27	inserted by 28/2005 s 12(4)	1.7.2005
Exemption Nos 28—30	inserted by 28/2005 s 15(4)	1.7.2006
Exemption Nos 31 and 32	inserted by 54/2012 s 36	1.7.2012
Exemption No 33	inserted by 57/2016 s 108	1.7.2016
Form A	deleted by 72/1995 s 6(h)	23.11.1995
Sch 3	deleted by 47/1990 s 6	1.7.1990
Sch 3	inserted by 2/2015 s 5	28.10.2013

Transitional etc provisions associated with Act or amendments

Stamp Duties Act Amendment Act 1988

9—Transitional provision

Section 71E of the principal Act applies in relation to transactions entered into on or after 7th December, 1987, but no offence arises under subsection (6)(a) of that section in relation to a transaction entered into before the date of assent to this Act if the required statement is lodged with the Commissioner within two months after assent.

Stamp Duties Act Amendment Act 1989

4—Application of Act

The amendments effected by this Act apply to conveyances lodged with the Commissioner of Stamps for stamping on or after 1 February, 1988.

Stamp Duties Act Amendment Act (No. 4) 1990

7—Transitional provisions

Where a company, person or firm of persons carried on general insurance business before the enactment of this Act, the company, person or firm—

1. (a)

   is required to lodge monthly returns only in relation to general insurance business carried on by it on or after 1 July, 1990; and

2. (b)

   will be taken to have complied with the requirements of section 36(1) of the principal Act, as amended by this Act, in relation to the period from 1 July, 1990, until the enactment of this Act if the monthly returns required in relation to that period are lodged with the Commissioner not later than the fifteenth day of the month commencing after the enactment of this Act.

Stamp Duties (Rates) Amendment Act 1992

7—Application of amendments

The amendments made by sections 5 and 6 of this Act apply to instruments executed on or after the commencement of this Act (with the effect that instruments executed before that commencement will be chargeable with duty as if those provisions had not been enacted).

Stamp Duties (Penalties, Reassessments and Securities) Amendment Act 1992

45—Transitional provision

1. (1)

   Subject to this section, the amendments made by this Act do not affect the amount of duty chargeable on an instrument executed, or a transaction completed, before the commencement of this Act.

2. (2)

   If—

   1. (a)

      a mortgage executed before the commencement of this Act is extended or renewed after the commencement of this Act; or

   2. (b)

      a liability that is secured by a mortgage executed before the commencement of this Act is incurred after the commencement of this Act (except a liability that accrues in respect of a liability that was incurred before the commencement of this Act, or a liability that takes effect in substitution for an earlier liability and does not-when incurred-exceed the amount of the earlier liability); or

   3. (c)

      after the commencement of this Act the time for payment or repayment of a liability secured by a mortgage executed before the commencement of this Act is extended or deferred,

duty is chargeable under the principal Act as amended by this Act as if the mortgage were a new and separate instrument executed on the date of the extension or renewal, the date when the fresh liability was incurred, or the date when the time for payment or repayment of the liability was extended or deferred (as the case requires), but allowance must be made for duty paid on the mortgage before that date.

Stamp Duties (Concessions) Amendment Act 1994

10—Transitional provision

The amendments made by sections 5 and 6 of this Act apply in relation to rental business transacted on or after 1 June 1994.

Stamp Duties (Miscellaneous) Amendment Act 1996

11—Transitional provision

The amendments made by this Act do not affect the amount of duty chargeable on an instrument executed before the commencement of this Act.

Stamp Duties (Miscellaneous No. 2) Amendment Act 1997

8—Transitional provision

A bank is not required to pay duty on a cheque form or cheque under the principal Act as amended by this Act if duty has already been paid in relation to the cheque form or cheque under the repealed provisions of the principal Act.

Stamp Duties (Miscellaneous) Amendment Act 1998

4—Transitional provision

1. (1)

   The amendment made by section 3(a) of this Act does not apply in relation to—

   1. (a)

      insurance premiums received or charged in account (whether directly or by agents) before 1 June 1998; or

   2. (b)

      insurance premiums received or charged in account (whether directly or by agents) before 1 August 1998 relating to policies to be in force for 12 months or less commencing before 1 September 1998,

with the effect that those insurance premiums will be chargeable with duty as if section 3(a) had not been enacted.

1. (2)

   The amendment made by section 3(b) of this Act does not apply in relation to applications made before the commencement of section 3(b).

2. (3)

   The amendment made by section 3(c) of this Act does not apply in relation to applications where the term of the registration is to take effect before 1 September 1998, with the effect that those applications will be charged with duty as if section 3(c) had not been enacted.

Stamp Duties (Conveyance Rates) Amendment Act 1999

3—Application of amendments

1. (1)

   The amendments made by section 2 of this Act apply to instruments first lodged with the Commissioner of State Taxation for stamping on or after the commencement of this Act.

1. (2)

   However, if on application under this subsection the Commissioner of State Taxation is satisfied that an instrument lodged for stamping gives effect to a written agreement entered into before 27 May 1999, the amendments made by section 2 of this Act will not apply to the instrument (and the instrument will be chargeable with duty as if those amendments had not been enacted).

Commonwealth Places (Mirror Taxes Administration) (Modification of State Taxing Laws) Regulations 2000 (No. 8 of 2000)

4—Prescribed modification of State taxing laws (s. 7(1))

Each State taxing law is modified under section 7(1) of the Act by the addition of a provision to the following effect:

1. (1)

   "This State taxing law is to be read together with its corresponding applied law as a single body of law.".

2. (2)

   The principle in subregulation (1) is subject to any express exceptions and qualifications prescribed under the Act and the Commonwealth Places (Mirror Taxes) Act 1998 of the Commonwealth.

Stamp Duties (Land Rich Entities and Redemption) Amendment Act 2000

21—Amendments relating to redemption to operate retrospectively and prospectively

1. (1)

   The MSP amendments operate both prospectively and retrospectively.

2. (2)

   However—

   1. (a)

      the MSP amendments do not operate retrospectively in respect of an instrument or transaction made or occurring before the relevant date but on or after 30 September 1999; and

   2. (b)

      the MSP amendments only operate to impose a liability in respect of an instrument or transaction made or occurring before 30 September 1999 if—

      1. (i)

         no assessment of duty in respect of the instrument or transaction had been made before the relevant date; or

      2. (ii)

         an assessment of duty in respect of the instrument or transaction had been made before the relevant date but—

         • •

           no objection to the assessment was made within 60 days after the date of the assessment; or

         • •

           an objection to the assessment was made and the objection was disallowed; and

   3. (c)

      the MSP amendments do not validate the assessment of duty made in relation to the transaction that was the subject of the High Court's judgment in the case of MSP Nominees Pty Ltd and another v Commissioner of Stamps1 or authorise a reassessment of duty in that case.

3. (3)

   In this section—

MSP amendments means the amendments made by sections 5, 6, 7 and 12 of this Act insofar as they are applicable to the redemption, cancellation or extinguishment of an interest in a unit trust scheme;

relevant date means the date of the introduction of the Bill for this Act into the Parliament.

Note—

1(1999) 166 ALR 149.

Stamp Duties (Rental Business and Conveyance Rates) Amendment Act 2002

8—Application of amendments

1. (1)

   The amendments made by section 7 of this Act apply to instruments first lodged with the Commissioner of State Taxation for stamping on or after the commencement of that section.

2. (2)

   However, if on application under this subsection the Commissioner of State Taxation is satisfied that an instrument lodged for stamping gives effect to a written agreement entered into on or before 11 July 2002, the amendments made by section 7 of this Act will not apply to the instrument (and the instrument will be chargeable with duty as if those amendments had not been enacted).

Statutes Amendment (Stamp Duties and Other Measures) Act 2002

27—Transitional provision

The amendment made to the principal Act by section 21(c) of this Act does not apply in relation to stamp duty paid before the commencement of that section.

Stamp Duties (Gaming Machine Surcharge) Amendment Act 2002

4—Application of amendments

The amendments made by this Act do not apply to a transaction entered into before the commencement of this Act.

Statutes Amendment (Corporations—Financial Services Reform) Act 2002

46—Transitional provisions

1. (1)

   The Australian Stock Exchange Limited will, on the commencement of this section, be taken to be a registered market licensee under Part 3A of the principal Act without the need for an application under Division 4 of that Part (as enacted by this Act).

2. (2)

   The body registered by the Commissioner of State Taxation under Division 4 of Part 3A of the principal Act immediately before the commencement of this section will, on that commencement, be taken to be a registered CS facility licensee under Part 3A of the principal Act without the need for an application under Division 4 of that Part (as enacted by this Act).

Stamp Duties (Rental and Mortgage Duty) Amendment Act 2003, Sch—Transitional provision

1Part 3 Division 2 of the Stamp Duties Act 1923 (the Act) is to be read subject to the following qualification:

An amount received under or in respect of a contract, agreement or arrangement entered into before 1 October 2003 is required to be included in a statement to be lodged under section 31F of the Act if (and only if) it was required to be brought into account for the calculation of rental duty under the relevant provisions of the Act, as in force immediately before 1 October 2003.

Stamp Duties (Land Rich Entities) Amendment Act 2006, Sch 1

1—Transitional provision

1. (1)

   The amendments made by this Act to the Stamp Duties Act 1923 apply only in relation to transactions entered into after the commencement of this clause.

2. (2)

   Section 98(1) of the Stamp Duties Act 1923, as amended by this Act, applies to a transaction entered into after the commencement of this clause but before the day on which this Act is assented to by the Governor (the day of assent) as if the period of 2 months referred to in that provision ends 2 months after the day of assent.

Statutes Amendment (Domestic Partners) Act 2006

205—Transitional provision

An amendment made by this Act to the Stamp Duties Act 1923 applies only in relation to instruments executed after the commencement of the amendment.

Stamp Duties (Trusts) Amendment Act 2008, Sch 1

1—Transitional provision

The amendment made by section 3(2) of this Act to section 71 of the Stamp Duties Act 1923 operates both prospectively and retrospectively.

Statutes Amendment (Budget 2008) Act 2008, Sch 1

1—Transitional provisions

1. (1)

   If—

   1. (a)

      a person is entitled to a first home bonus grant under section 18B of the First Home Owner Grant Act 2000, as enacted by this Act (the relevant entitlement); and

   2. (b)

      the person has—

      1. (i)

         in respect of a conveyance that relates to the land on which the home under that Act is situated or is to be built (as the case may be), received a benefit under section 71C of the Stamp Duties Act 1923; or

      2. (ii)

         received a benefit constituted by an ex gratia payment by the State in order to provide for the first home bonus grant envisaged by this Act for the period between 5 June 2008 and the date of enactment of this Act,

the amount of the relevant entitlement will be reduced by the amount of the benefit provided under section 71C of the Stamp Duties Act 1923 or by the amount of the ex gratia payment, or both (including so as to fully set off the amount of the relevant entitlement).

1. (2)

   If—

   1. (a)

      a person has received a benefit constituted by an ex gratia payment by the State in order to provide for the first home bonus grant envisaged by this Act for the period between 5 June 2008 and the date of the enactment of this Act; and

   2. (b)

      the person has also, in respect of a conveyance that relates to the land on which the home that is relevant to the ex gratia payment is situated, or is to be built, (as the case may be), received a benefit under section 71C of the Stamp Duties Act 1923 (the relevant benefit),

the Commissioner of State Taxation may recover the amount of the relevant benefit from any person who claimed that benefit as a debt due to the Crown.

1. (3)

   If—

   1. (a)

      a person has received a benefit under section 71C of the Stamp Duties Act 1923 (the relevant benefit); and

   2. (b)

      the conveyance on which the benefit is based falls within the ambit of subsection (8) of section 71C of the Stamp Duties Act 1923 (as enacted by this Act),

the Commissioner of State Taxation may recover the amount of the relevant benefit from any person who claimed that benefit as a debt due to the Crown.

1. (4)

   To avoid doubt, any set off or right of recovery under this clause extends to a benefit obtained before the commencement of this clause.

Stamp Duties (Insurance) Amendment Act 2011, Sch 1

1—Transitional provision

1. (1)

   An insurer that is licensed under Part 3 Division 3 of the Stamp Duties Act 1923 immediately before the repeal of that Division by section 4 of this Act will be taken to be registered for the purposes of Part 3 Division 3 of the Act as inserted by that section.

2. (2)

   In this clause—

insurer has the same meaning as in the Stamp Duties Act 1923 (as amended by this Act).

Statutes Amendment (Land Holding Entities and Tax Avoidance Schemes) Act 2011

8—Transitional provision

1. (1)

   In this section—

new Part 4 means Part 4 inserted into the principal Act by this Part;

old Part 4 means Part 4 of the principal Act as in force immediately before the commencement of this Act;

principal Act means the Stamp Duties Act 1923.

1. (2)

   Unless the contrary intention appears, a term used in this section and also in new Part 4 has the same meaning in this section as it has in that Part.

2. (3)

   The duty chargeable under new Part 4 is chargeable on any acquisition of a prescribed interest, or any increase of a prescribed interest, in a land holding entity occurring on or after 1 July 2011.

3. (4)

   If a person acquires an interest in a land holding entity on or after 1 July 2011, acquisitions made before that date are to be counted for the purpose of determining whether the person has a prescribed interest in the entity under new Part 4.

4. (5)

   The enactment of new Part 4 does not affect a liability to duty arising under the principal Act with respect to the acquisition of a significant interest, or an increase in a significant interest, in a private entity (as those terms are defined for the purposes of old Part 4) occurring before 1 July 2011 (and accordingly old Part 4 will continue to apply with respect to the assessment and imposition of duty in such a case as if this Act had not been enacted).

5. (6)

   An interest acquired in a land holding entity on or after 1 July 2011 as a result of an agreement entered into, or option executed, before 1 July 2011 is to be treated, for the purposes of this section, as if it were acquired before 1 July 2011 (and accordingly old Part 4 will apply to the relevant acquisition but the acquisition may still be counted for the purposes of determining whether a prescribed interest is acquired or held under new Part 4 on or after 1 July 2011).

Statutes Amendment and Repeal (Budget 2015) Act 2015

40—Transitional provision

The amendments made to sections 31 and 67(2)(b) of the Stamp Duties Act 1923, and the repeal of section 31A of that Act, by this Part will be taken to extend in their operation to and in relation to contracts, agreements and instruments entered into or executed before 18 June 2015 as if the Stamp Duties Act 1923, as amended by section 27, 28 and 31(1) of this Act, was the Act in force immediately before the contract, agreement or instrument was entered into or executed (as the case may be).

49—Transitional provisions

1. (1)

   A reference in section 60A(1) of the Stamp Duties Act 1923, as in force before the commencement of section 42 of this Act and at any previous time, to the date of the sale of property conveyed or transferred is to be taken to have been (and to always have been) a reference to the date of the conveyance of the property.

2. (2)

   A reference in section 65 of the Stamp Duties Act 1923, as in force before the commencement of section 43 of this Act and at any previous time, to the date of the sale of property is to be taken to have been (and to always have been) a reference to the date of the conveyance of the property.

3. (3)

   Despite subclauses (1) and (2), an amendment made by section 42 or 43 does not operate to impose duty in respect of an instrument or transaction if, before 17 December 2013—

   1. (a)

      an assessment of duty was made in respect of the instrument or transaction; and

   2. (b)

      an objection to the assessment was lodged with the Minister not later than 60 days after the date of service of the assessment on the person assessed as liable to pay duty.

Statutes Amendment and Repeal (Simplify) Act 2017

140—Transitional provision

An amendment to the Stamp Duties Act 1923 made by this Part does not affect any liability to pay duty that existed under that Act as in force immediately before the commencement of the amendment.

Statutes Amendment and Repeal (Budget Measures) Act 2018, Pt 16

133—Transitional provision

The amendments made by section 132 to section 71CC of the Stamp Duties Act 1923 apply only in relation to instruments executed after the commencement of this Part.

Statutes Amendment and Repeal (Budget Measures) Act 2018, Pt 18

138—Transitional provision

Section 2(13) of the Stamp Duties Act 1923, as in force immediately before the commencement of section 136 of this Act, continues to apply in relation to dutiable instruments described in that provision that are executed before the commencement of that section.

Historical versions

Reprint—1.11.1984

Reprint No 1—12.12.1991

Reprint No 2—3.2.1992

Reprint No 3—1.9.1992

Reprint No 4—14.12.1992

Reprint No 5—1.3.1993

Reprint No 6—1.6.1994

Reprint No 7—1.9.1994

Reprint No 8—1.1.1995

Reprint No 9—2.3.1995

Reprint No 10—13.7.1995

Reprint No 11—30.11.1995

Reprint No 12—24.4.1996

Reprint No 13—1.7.1996

Reprint No 14—4.11.1996

Reprint No 15—27.3.1997

Reprint No 16—1.7.1997

Reprint No 17—17.7.1997

Reprint No 18—1.1.1998

Reprint No 19—27.7.1998

Reprint No 20—1.9.1998

Reprint No 21—3.12.1998

Reprint No 22—18.3.1999

Reprint No 23—5.8.1999

Reprint No 24—8.6.2000

Reprint No 25—14.12.2000

Reprint No 26—15.7.2001

Reprint No 27—26.7.2001

Reprint No 28—1.1.2002

Reprint No 29—4.5.2002

Reprint No 30—5.9.2002

Reprint No 31—28.11.2002

Reprint No 32—1.1.2003

Reprint No 33—1.8.2003

Reprint No 34—1.10.2003

Reprint No 35—24.11.2003

1.7.2004

4.11.2004

24.2.2005

1.7.2005

1.7.2006

22.9.2006

18.1.2007

1.6.2007

1.7.2007

5.6.2008 (electronic only)

26.6.2008 (electronic only)

1.7.2008

1.1.2009

4.6.2009

1.7.2009

1.1.2010

1.2.2010

1.7.2010

1.5.2011

1.7.2011

31.5.2012 (electronic only)

1.7.2012

1.7.2013

28.10.2013 (electronic only

21.11.2013

18.6.2015 (electronic only)

26.11.2015

20.6.2016 (electronic only)

1.7.2016 (electronic only)

4.7.2016

8.12.2016

15.3.2017

12.12.2017

1.1.2018 (electronic only)

1.7.2018

22.11.2018

1.7.2019

1.5.2020