Stamp Duties Regulations 1998 (TAS)

Stamp Duties Regulations 1998

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Stamp Duties Act 1931 .23 November 1998

G. S. M. Green

Governor

By His Excellency’s Command,

David Crean

Treasurer

PART 1Preliminary1Short titleThese regulations may be cited as the Stamp Duties Regulations 1998 . 2CommencementThese regulations take effect on 1 January 1999. 3InterpretationIn these regulations – Act means the Stamp Duties Act 1931 ; certificate of exemption means a certificate of exemption under section 74 of the Act; return means a return within the meaning of the Act; settlement means an instrument subject to duty under – (a) item 25 in Part I of Schedule 2 to the Act; or (b) paragraph (b) of item 36 in Part III of that Schedule. PART 2general provisionsDivision 1Exemption from duty4Declaration in respect of exemption from duty (1)  A declaration made by a farmer for the purpose of any of the following is to be in accordance with Form 1: (a) an exemption under item 8 in Part I of Schedule 3 to the Act in respect of a credit arrangement; (b) an exemption under item 9 in Part I of Schedule 3 to the Act in respect of a credit purchase agreement. (2)  A declaration is to be affixed to the credit arrangement or credit purchase agreement to which it relates. Division 2Payment of duty generally5Denoting duty by adhesive stampsAn agreement that is dutiable under item 11 in Part I of Schedule 2 to the Act is prescribed as an instrument to which section 12 of the Act applies. 6Denoting duty by adhesive labels (1)  Duty paid in respect of an instrument may be denoted by an adhesive label affixed to the instrument. (2)  An adhesive label is to contain the following details: (a) the amount of duty paid; (b) the date on which the duty was paid; (c) the number of any receipt issued in respect of the payment. PART 3Special provisionsDivision 1Life assurance7Memorandum of transaction under section 52(2) of ActA memorandum of a transaction under section 52(2) of the Act is to be – (a) in accordance with Form 2; and (b) signed by the person in this State who made or entered into the contract on behalf of an insurer outside this State. Division 2Rental business8Prescribed goods for purposes of Division 3AA of Part IV of ActThe following are prescribed as goods for the purposes of Division 3AA of Part IV of the Act: (a) medical and surgical equipment and aids used for the treatment of illness, injury, infirmity, deformity or any other disability; (b) protective equipment specifically designed for the carriage or restraint of children; (c) prerecorded video cassettes. Division 3Marketable securities9Licences to pay duty on sales and purchases of marketable securities (1) An application for a licence under section 64 of the Act is to be – (a) in accordance with Form 3; and (b) verified by a statutory declaration made by the applicant. (2)  The statutory declaration is to be endorsed on the reverse side of the application form. (3) A licence granted under section 64 of the Act is to be in accordance with Form 4. 10Denoting amount of duty payableFor the purpose of section 69A(7) of the Act, duty is to be denoted in the manner specified in Form 5. Division 4Contracts of sale11Applications for refund of dutyFor the purpose of section 70(7) of the Act, an application is to be in accordance with Form 6. Division 5Settlements12Form of declaration as to addition made to settlementFor the purpose of section 71(1) of the Act, a statutory declaration is to be in accordance with Form 7. Division 6Debits duty13Prescribed class of personFor the purpose of paragraph (n) of the definition of "exempt account" in section 71A(1) of the Act, the Auctioneers and Real Estate Agents Trust, continued in existence by the Auctioneers and Real Estate Agents Act 1991 , is a prescribed class of person. Division 7Certain applications under Traffic Act 192514Applications to which section 74 of Act applies (1) For the purpose of section 74(3) of the Act, a declaration is to be in accordance with Form 8. (2) For the purpose of section 74(8) of the Act, a certificate of exemption is to be in accordance with Form 9. (3)  For the purpose of an exemption under item 39 in Part I of Schedule 3 to the Act, an application to which section 74 of the Act applies that is made by the holder of a certificate of exemption is to be accompanied by a declaration in accordance with Form 10. (4)  A declaration referred to in this regulation is to be made before any of the following: (a) a magistrate; (b) a justice of the peace; (c) a commissioner for declarations as defined by section 3(1) of the Evidence Act 1910 ; (d) the Registrar of Motor Vehicles appointed under regulation 3 of the Traffic (Miscellaneous) Regulations 1968. PART 4Miscellaneous15Functions of CommissionerThe Commissioner may perform the functions of a State taxation officer under Part IIIA of the Taxation Administration Act 1953 of the Commonwealth. 16OffencesA person must not – (a) furnish a return under the Act knowing the contents of that return to be false or misleading in any material particular; or (b) sign a certificate endorsed on any return or application under the Act knowing the contents of that return or application to be false or misleading in any material particular.

Penalty:  Fine not exceeding 1 penalty unit.

17FormsThe forms specified in Schedule 1 are prescribed for the purpose of the Act. 18RescissionThe regulations specified in Schedule 2 are rescinded. Schedule 1Forms

Regulation 17

Form 1Form 2Form 3Form 4Form 5Form 6Form 7Form 8Form 9Form 10Schedule 2Regulations rescinded

Regulation 18

Stamp Duties Regulations 1966 , being Statutory Rules 1966, No. 36

Stamp Duties Amendment Regulations 1967 , being Statutory Rules 1967, No. 153

Stamp Duties Amendment Regulations (No. 2) 1967 , being Statutory Rules 1967, No. 251

Stamp Duties Amendment Regulations 1969 , being Statutory Rules 1969, No. 18

Stamp Duties Amendment Regulations (No. 2) 1969 , being Statutory Rules 1969, No. 42

Stamp Duties Amendment Regulations 1971 , being Statutory Rules 1971, No. 332

Stamp Duties Amendment Regulations 1973 , being Statutory Rules 1973, No. 89

Stamp Duties Amendment Regulations 1974 , being Statutory Rules 1974, No. 134

Stamp Duties Amendment Regulations 1977 , being Statutory Rules 1977, No. 4

Stamp Duties Amendment Regulations (No. 2) 1977 , being Statutory Rules 1977, No. 145

Stamp Duties Amendment Regulations 1979 , being Statutory Rules 1979, No. 53

Stamp Duties Amendment Regulations (No. 2) 1979 , being Statutory Rules 1979, No. 73

Stamp Duties Amendment Regulations 1980 , being Statutory Rules 1980, No. 250

Stamp Duties Amendment Regulations 1981 , being Statutory Rules 1981, No. 2

Stamp Duties Amendment Regulations (No. 2) 1981 , being Statutory Rules 1981, No. 63

Stamp Duties Amendment Regulations (No. 3) 1981 , being Statutory Rules 1981, No. 184

Stamp Duties Amendment Regulations (No. 4) 1981 , being Statutory Rules 1981, No. 327

Stamp Duties Amendment Regulations 1982 , being Statutory Rules 1982, No. 15

Stamp Duties Amendment Regulations (No. 2) 1982 , being Statutory Rules 1982, No. 79

Stamp Duties Amendment Regulations 1984 , being Statutory Rules 1984, No. 156

Stamp Duties Amendment Regulations 1985 , being Statutory Rules 1985, No. 41

Stamp Duties Amendment Regulations 1986 , being Statutory Rules 1986, No. 46

Stamp Duties Amendment Regulations (No. 2) 1986 , being Statutory Rules 1986, No. 156

Stamp Duties Amendment Regulations (No. 3) 1986 , being Statutory Rules 1986, No. 243

Stamp Duties Amendment Regulations 1987 , being Statutory Rules 1987, No. 82

Stamp Duties Amendment Regulations 1988 , being Statutory Rules 1988, No. 48

Stamp Duties Amendment Regulations (No. 2) 1988 , being Statutory Rules 1988, No. 176

Stamp Duties Amendment Regulations 1989 , being Statutory Rules 1989, No. 144

Stamp Duties Amendment Regulations 1990 , being Statutory Rules 1990, No. 254

Stamp Duties Amendment Regulations 1996 , being Statutory Rules 1996, No. 97

Stamp Duties Amendment Regulations 1997 , being Statutory Rules 1997, No. 82

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 2 December 1998

These regulations are administered in the Department of Treasury and Finance.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations provide for payment of stamp duty under the