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:

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

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…