Stamp Duties (Amendment) Act 1962 (NSW)

STAMP DUTIES (AMENDMENT) ACT.

ActNo. 27, 1962.

Elizabeth II, All Act to increase certain rates of duty chargeable and No. 27 ,1962 to impose other rates of duty under the Stamp

Duties Act, 1920, as amended by subsequent Acts; for this and other purposes to amend the said Act, as so amended; and for purposes connected therewith. [Assented to, 3rd December, 1962.]

T )E it enacted by the Queen’s Most Excellent Majesty, by ■C' and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

Short title	1. (1) This Act may be cited as the “Stamp Duties (2) The Stamp Duties Act, 1920, as amended by subsequent Acts and by this Act, may be cited as the Stamp Duties Act, 1920-1962.
citation	(Amendment) Act, 1962”.

Amendment

2. The Stamp Duties Act, 1920-1959, is amended—

of Act No.

47, 1920.

New secs. (a) by inserting next after section seventy-eight the

78a-78d. following new sections ; —

Leases,	7 8 a. Where by reason of any provision in a
term to be

assessed.	lease tenancy, or the right to use property, (whether
cf. Vic. No.	expressed as a weekly, monthly, quarterly, half-
6375,	yearly or yearly tenancy or otherwise) is subject to
s. 77(3).	the provisions of the lease to continue for some specified period of twelve months or more or until some specified time twelve months or more later

than

Stamp Duties (Amendment) Act. 223

than the commencement of the lease that lease shall	27,1962
for the purposes of this Act be deemed to be a lease for a term ending at the termination of that period or at that time.

78b . Where duty has been paid upon any lease Refund of

for any term of not less than two years executed part of duty after the commencement of the Stamp Duties determma- (Amendment) Act, 1962, and the lease is

surrendered forfeited or otherwise determined leases, before the expiration of the full term in respect of cf. Vic. which duty was paid, the Commissioner shall, upon ^30.

’

application in writing made to him within three months after such surrender forfeiture or other determination and upon the lease upon which duty was paid being given up to him, refund to the lessee or (where the lease has been transferred or assigned by the lessee) to the transferee or assignee an amount in money equivalent to the difference between the duty actually paid and the duty which would have been payable if the lease had been expressed to expire at the date of such surrender forfeiture or other determination.

78c. An instrument whereby the rent or other Duty to be

writing or not) is increased shall subject to this increases.

consideration reserved by any lease (whether in respect only of the additional rent or consideration thereby made payable as if the instrument were a lease granted to the lessee under the original lease for a term from the date on which the increase takes effect until the expiry of the original lease.

78d. (1) Where the rent reserved by a lease Additional executed after the commencement of the Stamp '*“7 where Duties (Amendment) Act, 1962, is subject to appraised, re-appraisement in any way whatsoever during the cf. ibid.

term of the lease so that the total rent payable during such term is not ascertainable at the commencement of the lease, duty shall in the first

instance

224                Stamp Duties (Amendment) Act.

No. 27,1962 instance be payable upon the total rent appropriate to the full term of the lease calculated as if the rent payable during the remainder of the term following re-appraisement, or where provision is made for more than one re-appraisement following the first of such re-appraisements, were—

(a)	where the rent payable prior to re­ appraisement or the first re-appraisement, as the case may be, was at a fixed rate—at such rate; or
(b)	where the rent payable prior to re-appraise­ ment or the first re-appraisement, as the case may be, was at varying rates—at the higher or highest of such rates.

(2) Whenever any such rent is re-appraised

or a re-appraised rent is further re-appraised and by any such re-appraisement the rent is increased to a rate in excess of the rate in respect of which duty was paid pursuant to subsection one of this section, the lessee or (where the lease has been transferred or assigned by the lessee) the transferee or assignee for the time being of the lease shall within one month after such increase becoming effective produce to the Commissioner a duly stamped part of the lease together with a statutory declaration setting out the amount and particulars of the increase and shall pay to the Commissioner additional duty in respect of the additional total rent thereby payable—

(a)	where there is no provision for a further re-appraisement—for the remainder of the term of the lease; or
(b)	where there is provision for a further re-appraisement—for that part of the remainder of the term of the lease expiring upon such further re-appraisement.

Every

Stamp Duties (Amendment) Act. 225

Every person who contravenes or fails to comply No. 27,1962

with the provisions of this subsection shall be liable	~
to a fine not exceeding one hundred pounds.
(3) Whenever any such rent is re-appraised or a re-appraised rent is further re-appraised and by any such re-appraisement such rent is reduced to a rate which had such reduced rate been applicable to the calculation of duty under sub­ section one of this section such duty would have been less than the duty actually paid pursuant to that subsection the Commissioner shall upon application in writing made to him within three months after such re-appraisement and production to him of a duly stamped part of the lease together with a statutory declaration setting out the amount and particulars of such reduction refund to the lessee or (where the lease has been transferred or assigned by the lessee) to the transferee or assignee an amount equivalent to the difference between the duty actually paid and the duty which would have been payable if such reduced rent had been applicable.

(b) (i) by omitting from the Second Schedule all Second

matter appearing in paragraph (1) under the L̂eases) heading “Lease or Promise of or Agreement ̂ ‘ for Lease or Hire of any property not being

a ship or vessel” and by inserting in lieu

thereof the following paragraph : —

(1) Except as provided in paragraph (10), in respect of the total rent payable during the term without any con­ sideration by way of premium, fine, or foregift—

Where such rent—

does not exceed £50 ................. 0 3 6 3

exceeds £50—for every £50 and	I The lessee or
also for any remaining fractional	f tenant.

part of £50.................................... 0 3 6 J

P 8S737—S

226                Stamp Duties (Amendment) Act.

No. 27,1962 (ii) by inserting in the same Schedule next after paragraph (9) under the same heading the following new paragraph : —^

(10) In respect of any lease from the Crown The same

not exempted from duty and being a	duty as on
lease under the Crown Lands Consoli­	a lease
dation Act, 1913, as amended,	u n d e r
Returned Soldiers Settlement Act,	paragraph ^The lessee or
1916, as amended, Prickly-pear Act,	(1) hereof tenant,
1924, as amended. Closer Settlement	but not
Acts, War Service Land Settlement	exceeding
Act, 1941, as amended. Forestry Act,	1 10 0
1916, as amended. Pastures Protection Act, 1934, as amended. Irrigation Act, 1912, as amended. Western Lands Act of 1901, as amended, or the Mining Act, 1906, as amended.

Further	3.	The Stamp Duties Act, 1920-1959, is further amended
amendment

of Act No.	by omitting from the Second Schedule under the heading
47,1920.	“Conveyances of any Property” all matter appearing in
Second	paragraph (1) and by inserting in lieu thereof the following
Schedule.
Convey­	paragraph : —

ances of (1) Upon every conveyance of any property (other than shares or rights The purchaser,

Properly. or in the case

to shares referred to in paragraph (1)

of an exchange

under the heading “Transfer of Shares”

the person

herein) on a sale for a consideration in

deemed to be

money or money’s worth of not less

the purchaser,

than the unencumbered value of the

property—

Where the amount of such con­

sideration does not exceed £50 . . . . 012 6

Exceeds £50 and does not exceed £100	1 5	0
Exceeds £100 but does not exceed £7,000, for every £100 and also for any remaining fractional part of £100 of such amount ............................	1 5 0
Exceeds £7,000—

For every £100 of the first £7,000 of

such am ount........................... 1 5 0

And in addition thereto, for every £100 and also for any remaining fractional part of £100 in excess of the first £7,000 ............................ 1 10 0

Further	4.	(1) (a) The Stamp Duties Act, 1920-1959, is further
amendment

of Act No.	amended by omitting from the matter appearing in the second
47, 1920.	column of the Second Schedule imder the heading “Bill of
Second
Schedule.	Exchange and Promissory Notes” the figure “3” and by
Bill of	inserting in lieu thereof the figure “4”.
Exchange.

(b)'.

— T

Stamp Duties (Amendment) Act. 227

(b) The amendment made by paragraph (a) of No. 27,1962

this subsection shall commence upon a day to be appointed by the Governor (in this section referred to as the “appointed day” ) and notified by proclamation published in the Gazette.

(2) (a) Bills of exchange forms which have before the appointed day been printed to the order of a bank under license issued under the provisions of the Stamp Duties Act, 1920-1959, and are impressed with threepence stamp duty and are either in the possession of the printer or of the bank upon the appointed day and are unused shall be deemed to be duly stamped with fourpence stamp duty.

(b) Any bank which upon the appointed day is in possession of bills of exchange forms referred to in paragraph (a) of this subsection shall within one month of the appointed day furnish to the Commissioner a statement in a form approved by him giving particulars and numbers of such forms and pay to the Commissioner duty of fourpence per form or additional duty of one penny per form, as the case may require.

(c) Where bills of exchange forms referred to in paragraph (a) of this subsection are upon the appointed day in the possession of a printer and are subsequently delivered to a bank the bank shall when making payment of the stamp duty in accordance with the Stamp Duties Act, 1920-1959, and the regulations thereunder pay to the Commissioner the amount of fourpence duty on each such form.

(3) This subsection shall apply to bills of exchange

forms which upon the appointed day are in the possession of any person other than a printer or bank referred to in subsection two of this section and which are impressed with threepence stamp duty.

Where a bill of exchange is after the appointed day drawn or made within New South Wales on a bill of exchange form to which this subsection applies the additional duty of one penny may be denoted by an adhesive stamp, attached and duly cancelled before the issue of such bill of exchange.

(4)

228                Stamp Duties (Amendment) Act.

No. 27,1962	( 4) Where a promissory note is drawn or made in New South Wales after the appointed day and is written on material bearing an impressed stamp of insufficient amount a further amount for the amount of the deficiency may be denoted by an adhesive stamp, attached and duly cancelled by the person by whom the promissory note is executed before he issues same out of his hands.
This subsection shall cease to have effect upon the expiration of a period of twelve months from the appointed day.
Further

amendment 5. (1) The Stamp Duties Act, 1920-1959, is further

of Act No.	amended—
47, 1920.

Sec. 22.	(a) by omitting from subsection one of section
direction

(General	twenty-two the words “Subject to section 7 5 a of
as to the	this Act” and by inserting in lieu thereof the words
cancella­
tion of	“Subject to sections 75a and 84a of this Act” ;
adhesive stamps.)
New short

heading and (b) by inserting next after section eighty-four the

sec. 84a. following new short heading and section : —

Motor vehicle certificates of registration.

Motor

vehicle 84a. ( 1) For the purposes of this Act and of

certificate	the matter appearing under the heading “Motor
of regis­
tration—	Vehicle Certificate of Registration” in the Second
Definition.	Schedule to this Act, a motor vehicle certificate of registration means a certificate of registration issued in respect of a motor vehicle in accordance with the provisions of the Motor Traffic Act, 1909, as amended by subsequent Acts and the regulations thereunder whether such motor vehicle certificate of registration has been issued pursuant to a new regis­ tration or transfer of registration but does not include—

(a) any such motor vehicle certificate of registra­ tion issued to the person in whose name such vehicle was last registered (whether

in

Stamp Duties (Amendment) Act. 229

in New South Wales or elsewhere) before No. 27,1962

the issue of such motor vehicle certificate

of registration; or

(b)	a duplicate motor vehicle certificate of registration; or
(c)	a motor vehicle certificate of registration issued pursuant to a transfer of a motor vehicle under Regulation 29 of the Regulations under the Motor Traffic Act, 1909, as so amended; or
(d)	a motor vehicle certificate of registration of a class exempted under the regulations from the provisions of this section.

(2) Subject to the provisions of this Act Duty on

a motor vehicle certificate of registration is to be of registration shall not be deemed an agreement or memorandum made under hand for or relating to the sale of any goods, wares, or merchandise within the exemption contained in the Second Schedule to this Act under the heading “Agreement or Memorandum of an Agreement, and not other­ wise specifically charged with any duty”: Provided that no duty shall be payable in the case of a motor vehicle certificate of registration issued to a person who is engaged principally in the trade or business of buying or selling motor vehicles and who is the holder of a licence under the Second-hand Motor Dealers Act, 1956, where such certificate has been obtained for the purpose of the resale of the motor vehicle in respect of which the certificate is issued.

charged with ad valorem duty in respect of the certificates

value of the motor vehicle for which the certificate registration,

is issued at the rate specified in the Second

(3) For the purposes of this section and Definition all the matter appearing under the heading a^olor “Motor Vehicle Certificate of Registration” in the vehicle.

Second

230                Stamp Duties (Amendment) Act.

No. 27,1962 Second Schedule to this Act, the value of a motor vehicle shall, subject to the provisions of paragraph (a) of subsection five of this section, be such amount as is stated in writing by the applicant for such certificate of registration in respect of such motor vehicle or the transfer thereof to represent the market value of such vehicle as at the time of making such application.

Time of	(4)	An amount equivalent to the duty
payment and

use of	chargeable under this Act on a motor vehicle
adhesive	certificate of registration shall be forwarded with
stamp.	the application for the certificate of registration or transfer thereof. The duty so chargeable may be denoted by an adhesive stamp which is to be affixed and cancelled at the time of issue of such certificate.

Commis­	(5)	(a) The Commissioner may, if he is
sioner’s

authority to	not satisfied that the amount stated by the applicant
review	as the market value of the motor vehicle is the
value.	true market value, require such applicant to furnish the Commissioner within the time specified by the Commissioner with such evidence as to the market value as at the time of making the application for a motor vehicle certificate of registration or transfer thereof as the Commissioner thinks fit.
(b) On receipt of such evidence it shall be lawful for the Commissioner to make a further assessment of the duty payable having regard to such evidence, to recover any additional duty so payable or to refund to the applicant any duty overpaid.
(c) The amount of the additional duty or the amount of the refund made in accord­ ance with the provisions of this subsection shall be denoted on the certificate of registration.

(c)

Child Welfare (Commonwealth Agreement Ratification) Act.

(c) by inserting in the Second Schedule next after the No. 27,1962 matter appearing under the heading “Letter or Second Power of Attorney or other instrument in the Schedule, nature of— ” the following new matter : —

E^Motor Vehicle Certificate of R egis-

f. TRATION—

On a motor vehicle certificate of

registration for every £100 and also

forFany remaining fractional part of

£100 of the value of the motor vehicle 0 10 0 The person in

whose name the

certificate	is
issued.

(2) Subsection one of this section shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.