Stamp Duties and Taxes (Amendment) Act (No 3) 1988 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Stamp Duties and Taxes (Amendment) Ordinance (No. 3) 1988

No. 79 of 1988

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 1 December 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

CLYDE HOLDING

Minister of State for the Arts
and Territories

An Ordinance to amend the Stamp Duties and Taxes Ordinance 1987

Short title

1.  This Ordinance may be cited as the Stamp Duties and Taxes (Amendment) Ordinance  (No. 3) 1988.1

Principal Ordinance

2.  In this Ordinance, “Principal Ordinance” means the Stamp Duties and Taxes Ordinance 1987.2

Interpretation

3.  Section 4 of the Principal Ordinance is amended by inserting in subsection (1) the following definitions:

“ ‘aircraft’ means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include an air-cushion vehicle;

‘international trade insurance’ means—

(a)insurance of freight against loss or damage in the course of, or incidental to, international transport of the freight;

(b)insurance of an aircraft or ship against loss or damage during a particular period when the aircraft or ship is under construction or undergoing refitting, maintenance or repairs where, at the time the insurance was effected, the aircraft or ship was intended by the owner to be used wholly or principally for the international transport of freight for an indefinitely continuing period commencing immediately after the completion of the construction, refitting, maintenance or repairs, as the case may be;

(c)insurance of an aircraft or ship against loss or damage in the course of, or incidental to, a particular journey or journeys where, at the time the insurance was effected, it was intended by the owner that the journey or journeys would be wholly or principally for the international transport of freight; or

(d)insurance of an aircraft or ship against loss or damage during a particular period, where, at the time the insurance was effected, the aircraft or ship was intended by the owner to be used during that period wholly, or principally for the international transport of freight;

‘international transport’, in relation to freight, means the transport in, or in connection with, trade or commerce, of the freight between—

(a)a place in a foreign country;

(b)a place in—

(i)another foreign country;

(ii)Australia; or

(iii)an external Territory;

‘ship’ means a vessel or boat of any description, and includes—

(a)an air-cushion vehicle; and

(b)a floating structure;”.

Schedule 2

4.  Schedule 2 to the Principal Ordinance is amended—

(a)by omitting from paragraph (e) “or” (last occurring); and

(b)by adding at the end the following word and paragraph:

“; or(g)   international trade insurance.”.

Application

5.  The amendments made by this Ordinance apply in relation to the premiums received by an insurer in respect of insurance effected by the insurer on or after 1 August 1987.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 14 December 1988.

2. No. 39, 1987 as amended by No. 67, 1987; Nos. 55 and 56, 1988.