Stamp Duties (Further Amendment) Act 1977 (NSW)
STAMP DUTIES (FURTHER AMENDMENT)
ACT, 1977
^outi) lEales
ANNO VICESIMO SEXTO
ELIZABETHS II BEGINS
Act No. 135, 1977.
An Act to amend the Stamp Duties Act, 1920, so as to reduce death duty payable in respect of certain rural property, to reduce stamp duty payable in respect of certain replica instruments and to provide for the delegation of the functions of the Commissioner under that Act. [Assented to, 14th December, 1977.1
BE
Act No. 135, 1977.
Stamp Duties {Further Amendment).
BE it enacted by the Queen’s Most Excellent Majesty, by
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 :—
1. This Act may be cited as the “Stamp Duties (Further Short title.
Amendment) Act, 1977”.
2. The Stamp Duties Act, 1920, is referred to in this Act Principal
| as the Principal Act. | A ct |
| 3. This Act contains the following Schedules :— | Schedules. |
SCHEDULE 1.— A mendments to the Principal Act Reducing Death Duty in Respect of Certain Rural Property.
SCHEDULE 2.— A mendments to the Principal Act Reducing Stamp Duty in Respect of Certain Replica Instruments.
| SCHEDULE | 3.— Other | A mendments | to | the |
Principal Act.
4. The Principal Act is amended in the manner set forth Amendment
| in Schedules 1, 2 and 3. | 47^ 920” |
| 5. An officer who— | Saving. |
| (a) | was appointed under section 8 of the Principal Act before the commencement of this Act; and |
| (b) | held his office immediately before that commence ment, |
Act No. 135, 1977.
Stamp Duties {Further Amendment).
shall, on that commencement, be deemed to have been appointed to that office under section 8 of the Principal Act, as amended by this Act.
| Sec. 4. | SCHEDULE 1. |
Amendments to the Principal Act Reducing Death
Duty in Respect of Certain Rural Property
(1) Section 112h (2d)—
After section 112h (2c), insert:—
(2d ) This section shall, in the case of every person who dies after the commencement of the Stamp Duties (Further Amendment) Act, 1977, be read and construed as if—
| (a) | subsection (2) of this section were omitted therefrom and the following subsection were inserted instead :— |
| (2) | Subject to subsection (3) of this |
section, the extent of the reduction of death duty referred to in subsection (1) of this section is—
| (a) | where the value of the gross property of the deceased does not exceed $300,000—one hundred per centum; |
Act No. 135, 1977.
Stamp Duties {Further Amendment).
| SCHEDULE | continued. |
Amendments to the Principal Act Reducing Death
Duty in Respect of Certain Rural Property—
continued.
| (b) | where the value of the gross property of the deceased exceeds |
$300,000 but does not exceed $310,000— eighty-three and one-
third per centum;
| (c) | where the value of the gross property of the deceased exceeds |
$310,000 but does not exceed $320,000— sixty-six and two-
thirds per centum;
| (d) | where the value of the gross property of the deceased exceeds |
| $320,000 but does not exceed $330,000— fifty per centum; | |
| (e) | where the value of the gross property of the deceased exceeds |
$330,000 but does not exceed $340,000— thirty-three and one-
third per centum;
| (f) | where the value of the gross property of the deceased exceeds |
$340,000 but does not exceed $350,000— sixteen and two-thirds
per centum.
| (b) | subsections (2a), (2b) and (2c) of this section were omitted therefrom. |
Act No. 135, 1977.
Stamp Duties {Further Amendment).
SCHEDULE 1—continued.
A mendments to the Principal Act Reducing Death
Duty in Respect of Certain Rural Property—
continued.
(2) Section H 2i (2d )—
After section 112i (2c), insert :—
(2d) This section shall, in the case of every person who dies after the commencement of the Stamp Duties (Further Amendment) Act, 1977, be read and construed as if—
| (a) | subsection (2) of this section were omitted therefrom and the following subsection were inserted instead :— |
(2) Subject to subsection (3) of this section, the extent of the reduction of death duty referred to in subsection (1) of this section is—
| (a) | where the value of the gross property (non-aggregated) of the deceased does not exceed | ||
|
centum;
| (b) | where the value of the gross property (non-aggregated) of the deceased exceeds $300,000 but does not exceed $310,000— eighty-three and one-third per centum; |
| (c) | where the value of the gross property (non-aggregated) of the deceased exceeds $310,000 but does not exceed $320,000— sixty- six and two-thirds per centum; |
Act No. 135, 1977.
Stamp Duties {Further Amendment).
SCHEDULE 1—continued.
A mendments to the Principal Act Reducing Death
Duty in Respect of Certain Rural Property—
continued.
| (d) | where the value of the gross property (non-aggregated) of the deceased exceeds $320,000 but does not exceed $330,000—fifty per centum; |
| (e) | where the value of the gross property (non-aggregated) of the deceased exceeds $330,000 but does not exceed $340,000— thirty-three and one-third per centum; |
| (f) | where the value of the gross property (non-aggregated) of the deceased exceeds $340,000 but does not exceed $350,000— sixteen and two-thirds per centum; |
| (b) | subsections (2a), (2b) and (2c) of this section were omitted therefrom. |
Act No. 135, 1977.
Stamp Duties {Further Amendment).
| Sec. 4. | SCHEDULE 2. |
A mendments to the Principal Act Reducing Stamp
D uty in Respect of Certain Replica Instruments.
(1 ) Section 89b—
| . | After section 89ab, insert:— |
Replicas.
| Replica | 89b. (1 ) For the purposes of this section and of the matter appearing under the heading “Rephca” in the Second Schedule to this Act, “replica” means an instrument— |
| instmmenU |
| (a) | executed for the bona fide purpose of its replacing; and |
| (b) | containing the same terms as, but no other terms than, those that were contained in, |
a previously executed instrument that has been lost, spoiled or destroyed and that, in the opinion of the Commissioner, has been duly stamped.
(2) Where a replica is duly stamped it shall be marked in such manner as the Commissioner thinks fit to denote that it is a replica.
(2) Second Schedule—
After the matter appearing under the heading “Real
Property Act, 1900, as amended— ”, insert :—■
R eplica—■
Upon every
| replica. | 6.00 | The parties to the |
| or the same duty as that with | replica or any one or |
| which the instrument the | more of them. |
| replica is intended to replace was charged, whichever is the lower. |
Act No. 135, 1977.
Stamp Duties {Further Amendment).
| SCHEDULE 3. | Sec. 4. |
Other Amendments to the Principal Act.
(1) Section 1-
From the matter relating to Division 1 of Part III, omit “38b”, insert instead “38c”.
(2) (a) Section 3 (1), definition of “Assistant Commis
sioner”—
After the definition of “Appointed day”, insert :—
“Assistant Commissioner” means the person
holding the office of Assistant Commis
sioner of Stamp Duties for the time being.
| (b) | Section 3 (1), definitions of “Commissioner” and “Deputy Commissioner”— |
Omit the definition of “Commissioner”, insert instead :—
| . | “Commissioner” means the person holding the office of Commissioner of Stamp Duties for the time being. |
| “Deputy Commissioner” means a person holding the office of Deputy Commis sioner of Stamp Duties for the time being. |
(3) Sections 8-8b—
Omit section 8, insert instead :—
| 8. The Governor may appoint— | , | Appoint ment of |
| (a) | a Commissioner of Stamp Duties who shall Commis- |
be responsible for the due administration of
|
Act No. 135, 1977.
Stamp Duties {Further Amendment).
SCHEDULE 3—continued.
Other Amendments to the Principal Act— continued.
| (b) | an Assistant Commissioner and such Deputy Commissioners of Stamp Duties as he deems necessary, each of whom shall exercise and perform such powers, authorities, duties and functions as he is required or authorised to exercise or perform by this Act or by the Commissioner; and | |||||
| (c) | such other officers, including inspectors, as | |||||
|
administration of this Act.
| Certain | 8a. (1) In the event of the incapacity or absence |
| powers, |
| etc., of | or suspension from duty of the Commissioner, his |
| Assistant | powers, authorities, duties and functions may be |
| Commis | |
| sioner. | exercised and performed, during that incapacity, absence or suspension, by the Assistant Commissioner. |
| (2) | Where | the | Assistant | Commissioner |
purports to exercise or perform any of the powers, authorities, duties or functions of the Commissioner pursuant to subsection (1) of this section, the Assistant Commissioner shall be deemed, in respect of any person affected thereby, to have sufficient cause to exercise or perform the power, authority, duty or function, as the case may be.
(3) An act or thing done or suffered by the Assistant Commissioner pursuant to subsection (1) of this section has the same force and effect as it would have if it had been done or suffered by the Commissioner and shall be deemed to have been done or suffered by the Commissioner.
1" '
Act No. 135, 1977.
Stamp Duties {Further Amendment) .
SCHEDULE 3—continued.
Other Amendments to the Principal Act—continued.
8b. (1) In this section, “function” includes power. Delegation,
authority and duty.
(2) The Commissioner may, by instrument in writing, delegate to any person engaged in the admin istration of this Act the exercise or performance of such of the functions (other than this power of dele gation) of the Commissioner as are specified in the instrument of delegation and may, by a subsequent instrument or subsequent instruments, revoke any delegation under this section wholly or partially.
(3) A function the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation.
(4) A delegation under this section may be made subject to such conditions or limitations as to the exercise or performance of any function delegated or as to time or circumstances as may be specified in the instrument of delegation.
(5) Notwithstanding any delegation under this section, the Commissioner may continue to exercise or perform any function delegated.
| (6) | An act or thing done or suffered by a |
delegate acting in the exercise of a delegation under this section has the same force and effect as it would have if it had been done or suffered by the Commis sioner and shall be deemed to have been done or suffered by the Commissioner.
Act No. 135, 1977.
Stamp Duties {Further Amendment).
SCHEDULE 3—continued.
Other A mendments to the Principal Act—continued.
| (7) | An instrument purporting to have been |
signed by a delegate of the Commissioner in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Commissioner and shall, unless and until the contrary is proved, be deemed to be an instrument signed by a delegate of the Commissioner.
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