Succession and Probate Duties Acts Amendment Act 1969 (Qld)

72 Quansl axttr ANNO OCTODECIMO ELIZABETHAE SECUNDAE REGINAE No. 13 of 1969 An Act to Amend the Succession and Probate Duties Act 1892- 1968 , The Succession and Probate Duties Act 1892 Amendment Act of 1895 and The Succession and Probate Duties Act of 1904 in certain particulars [ASSENTED TO 2ND DECEMBER, 19691 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Succession and Probate Duties Acts Amendment Act 1969. 2. Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF THE SUCCESSION AND PROBATE DUTIES ACT 1892-1968; PART 111-AMENDMENT OF THE SUCCESSION AND PROBATE DUTIES ACT 1892 AMENDMENT ACT OF 1895; PART IV-AMENDMENT OF THE SUCCESSION AND PROBATE DUTIES ACT OF 1904.

Succession and Probate Duties Acts Amendment Act 1969, No. 13 73 PART II-AMENDMENTS OF THE SUCCESSION AND PROBATE DUTIES ACT 1892-1968 3. Citation. (1) In this Part of this Act, the Succession and Probate Duties Act 1892-1968 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Succession and Probate Duties Act 1892-1969. 4. New ss. 10F and 10G. The Principal Act is amended by inserting after section WE the following sections:- " 10F. Annuities and other interests . (1) Any annuity or other interest purchased or provided (whether before or after the date of commencement of the Succession and Probate Duties Acts Amendment Act 1969)- (a) by or on behalf of a deceased person either by himself alone or in concert or by arrangement with any other person; (b) by or on behalf of any person in concert or by arrangement with the deceased; or (c) by any person who was at any time the employer of the deceased or who was acting on behalf of or in concert or by arrangement with the employer, to the extent of the beneficial interest accruing or arising by survivorship or otherwise on the death of the deceased shall be deemed to be derived by the person to whom or in whose favour the beneficial interest accrues or arises by way of succession from the deceased who shall be deemed to be the predecessor. (2) For the purpose of subsection (1) of this section- (a) where an annuity or other interest was purchased or provided partly by the deceased and partly by any other person other than an employer of the deceased, so much of that annuity or other interest as was purchased or provided by the deceased shall be deemed to be an annuity or other interest to which subsection (1) applies; (b) the deceased shall be deemed to have purchased or provided the proportion of any annuity or other interest that is equivalent to the total of the proportions contributed respectively- (i) by the deceased; and (ii) by his employer and by any person acting for or on behalf of the employer, of the total amount in money or money's worth contributed towards purchasing or providing the annuity or other interest; (c) where the deceased entered into a contract for a benefit, or which may result in a benefit, to a person not a party to the contract and the contract is enforceable by the personal representative of the deceased, then, notwithstanding that the contract is not enforceable by the person for whose benefit the contract was made, the benefit shall be deemed to be a beneficial interest

74 Succession and Probate Duties Acts Amendment Act 1969, No. 13 purchased or provided by the deceased accruing or arising by survivorship or otherwise on the death of the deceased to or in favour of the person for whose benefit the contract was made; (d) where any person who was at any time the employer of the deceased or who was acting on behalf of or in concert or by arrangement with the employer entered into a contract for a benefit, or which may result in a benefit, to a person not a party to the contract and the contract is enforceable by the person hereinbefore referred to by whom the contract was entered into then, notwithstanding that the contract is not enforceable by the person for whose benefit the contract was made, the benefit shall be deemed to be a beneficial interest purchased or provided by the deceased accruing or arising by survivorship or otherwise on the death of the deceased to or in favour of the person for whose benefit the contract was made; (e) the extent of any beneficial interest accruing or arising by survivorship or otherwise on the death of the deceased shall be ascertained without regard to any interest in expectancy that the beneficiary may have had therein before the death of the deceased; (f) where any beneficial interest which before the death of the deceased was defeasible becomes indefeasible on that death or at a time determined by reference to that death then, in determining the extent to which that beneficial interest accrued or arose by survivorship or otherwise on the death of the deceased, that beneficial interest shall be treated as if it belonged to the deceased at his death. lOG. Dispositions in recognition of services or pursuant to agreements with the deceased . Any property disposed of by any other person on or after the death of any person- (a) under any disposition made voluntarily in recognition of services rendered by the deceased person as an employee of the disponor or as an employee of any other person; or (b) under the terms of any agreement made by the deceased person for valuable consideration given by him providing for the disposition of such property on or after his death, whether or not such agreement is or was enforceable according to its terms by the person to whom such property was so disposed of, shall be deemed to be derived by the disponee by way of succession from the deceased person who shall be deemed to be the predecessor." 5. New s . 10H. The Principal Act is amended by inserting after section lOG as inserted by this Act the following section- s 10H . Exemption of certain superannuation benefits, etc. (1) Any benefit or sum payable consequent on the death of a person, by reason of the provisions of any statutory scheme shall be exempt from duty under this Act.

Succession and Probate Duties Acts Amendment Act 1969 , No. 13 75 (2) Where the predecessor was not domiciled in Queensland at the time of his death , duty is not payable in respect of the succession to any benefit that is payable under one or more bona fide superannuation schemes. (3) Where the predecessor was domiciled in Queensland at the time of his death , duty is not payable in respect of a succession by a successor hereinafter referred to in this subsection to any benefit ( by annuity , lump sum payment or both) that is payable under one or more bona fide superannuation schemes , or such part of such a succession , the value of which does not exceed- (a) in the case of a succession by the spouse of the predecessor , the value of an annuity of two thousand five hundred dollars during his or her life together with the value of an annuity of six hundred dollars payable until he or she attains the age of twenty-one years in respect of each child of the predecessor under that age less, in the case of such a child to whom a benefit is payable under any such superannuation scheme or schemes , the value of such a benefit, or the part thereof , that does not exceed the value of an annuity of six hundred dollars payable until the child attains the age of twenty - one years; (b) in the case of a succession by a child of the predecessor under the age of twenty - one years , the value of an annuity of- (i) where the predecessor shall have left him or her surviving a spouse , six hundred dollars; (ii) where the predecessor shall not have left him or her surviving a spouse , nine hundred dollars, payable to or in respect of the child until he or she attains the age of twenty - one years; (c) in the case of a succession by a female person, being the mother of the predecessor or of his spouse or late spouse , as the case may be, or a sister or a child of the predecessor who, at the death of the predecessor- (i) is a widow , spinster, or, her marriage having been dissolved or annulled , is not remarried , or is deserted by her husband; and (ii) in the opinion of the Commissioner , is not receiving support from any male person or, where the predecessor is a male person , from any male person other than the predecessor, and was during the period of one year immediately preceding his death , wholly engaged in keeping house for the predecessor and was not engaged during that period in other full-time or substantially full-time employment or occupation , the value of an annuity of nine hundred dollars payable to the female person during her life;

76 Succession and Probate Duties Acts Amendment Act 1969, No. 13 (d) in the case of a succession by a parent, brother or sister of the predecessor or of his spouse or late spouse, as the case may be, or a child of the predecessor in respect of whom the Commissioner is satisfied that at the death of the predecessor the successor- (i) was permanently incapacitated for work; (ii) was in receipt of assistance from the predecessor; and (iii) disregarding any invalid pension under the SocialServicesAct1947-1968 of the Commonwealth as amended from time to time , the successor was wholly or substantially dependent on the predecessor, the value of an annuity of nine hundred dollars payable to that person during his or her life. (4) The provisions of subsection (3) of this section do not entitle a person to exemption ( wholly or in part ) on more than one ground and where more than one ground is applicable to the circumstances of the case , the person to whom the benefit is payable shall elect which of such grounds shall apply to the case to the exclusion of any other ground. (5) Where more than one succession to which subsection (3) of this section relates is derived from a predecessor by a successor referred to in that subsection those successions shall be aggregated for the purposes of subsection ( 3) of this section and shall he deemed to be one succession for the purpose of determining under the said subsection the extent to which duty is not payable thereon and the amount of the exemption shall be applied to each succession proportionately according to its value. (6) Where the benefit constituting a succession by a child of the predecessor to which paragraph (b) of subsection (3) of this section relates is payable pursuant to the superannuation scheme or schemes to the spouse of the predecessor in respect of the child, the succession shall be deemed for the purposes of that subsection to be a succession derived from the predecessor by the spouse and the child shall be deemed not to have derived that succession. (7) Benefits referred to in subsections (2) and (3) of this section on successions to which duty is not payable wholly or in part include any such benefit that is payable to any person by reason of the nomination made by the deceased whether during his lifetime or by testamentary instrument. (8) In this section- " statutory scheme " means a scheme of superannuation, retirement benefit or pension created by and operated under any law of the Commonwealth or of any State or Territory of the Commonwealth; " superannuation scheme " means a scheme of superannuation, retirement benefit or pension- (a) created or arranged by an employer for the benefit of his employees and operated under the terms of an instrument of trust executed by or on behalf of the employer;

Succession and Probate Duties Acts Amendment Act 1969 , No. 13 77 (b) created for the benefit of employees or self-employed persons and approved by the Commissioner for the purposes of this Act, and a statutory scheme.". 6. Amendment of s. 12-Duties on successions . Section 12 of the Principal Act is amended- (a) by inserting after provision (2) the following provision:- ("A) Notwithstanding the second proviso to provision (2) of this section, for the purpose of determining the rate of succession duty there shall be allowed as a deduction from the aggregated value of the property ascertained for the purposes of that provision- (a) the value of any succession, or the part thereof, on which duty is not payable under subsection (2) or (3) of section 1OH of this Act and that is included in the aggregated value; (b) in the case of any benefit or sum to which subsection (1) of section 1OH of this Act relates, the value of that benefit or sum, or the part thereof, that would have been deductible under paragraph (a) of this subsection if the benefit or sum were not exempt from duty under this Act by the said subsection (1) or any Act other than this Act."; (b) by in provision (5) omitting paragraphs (a) and (b) and inserting in their stead the following paragraphs:- (a) where the total value of the estate of the deceased, in or out of Queensland, does not exceed- (i) in a case where the deceased leaves him or her surviving a spouse and one or more dependent children under the age of twenty-one years-the sum of the amount of fifteen thousand dollars and the amount of five thousand dollars for each such dependent child; (ii) in a case where the deceased does not leave him or her surviving a spouse but leaves him or her surviving more than one dependent child under the age of twenty-one years, the sum of the amount of fifteen thousand dollars and the amount of five thousand dollars for each such dependent child in excess of one; (iii) in any other case, fifteen thousand dollars, no succession duty shall be payable in respect of the succession coming to that wife or husband or child under the age of twenty-one years and the proportion of the probate or administration duty attributable to the value of the property subject to that duty included in that succession shall not be payable; (b) where the total value of the estate of the deceased, in or out of Queensland, exceeds the applicable amount ascertained in the circumstances of the case in accordance with paragraph (a) of this provision with respect to which if not exceeded by the total value of the estate of the deceased it is provided that succession duty is not

78 Succession and Probate Duties Acts Amendment Act 1969, No. 13 payable on the succession coming to that wife, husband or child under the age of twenty-one years (hereinafter in this paragraph referred to as the " said amount ") but does not exceed the said amount by four thousand dollars, the following amount per centum: (i) of the succession duty under this Act which, except for this paragraph (b) of this provision, would be charged in respect of the succession coming to that wife or husband or child under the age of twenty-one years; and (ii) of the proportion of the probate or administration duty payable under this Act in respect of the estate in question which is attributable to the value of property subject to that duty included in that succession, shall be rebated and not charged, namely one per centurn for every forty dollars, or part of forty dollars, by which such total value is less than the sum of the said amount and the amount of four thousand dollars; (c) where the sum of the amount of the succession duty payable in respect of successions coming to the wife or husband or child under the age of twenty-one years of the predecessor and the amount of the proportion of probate or administration duty payable under this Act in respect of the estate in question which is attributable to the value of property subject to that duty included in the successions in a case to which subparagraph (i) or (ii) of paragraph (a) of this provision is applicable exceeds the difference between the total value of the estate and the amount ascertained in the circumstances of the case in accordance with the provisions of paragraph (a) of this provision the succession duty payable on each such succession and the said proportion of probate or administration duty shall be reduced in the proportion that the amount by which the said sum exceeds the said difference bears to the said sum; and (d) in paragraph (a) of this provision a " dependent child" means a child of the deceased in respect of whom the Commissioner is satisfied that at the time of the death of the deceased the child was not engaged in full-time employment and was wholly or substantially dependent for support on the deceased." 7. Application of Part . (1) The Principal Act as amended by this Part applies with respect to successions derived from a person dying after the commencement of this Act. (2) The Principal Act as in force immediately prior to the commencement of this Act shall continue to apply with respect to successions derived from a person who shall have died before that commencement.

Succession and Probate Duties Acts Amendment Act 1969 , No. 13 79 PART III-AMENDMENT OF THE SUCCESSION AND PROBATE DUTIES ACT 1892 AMENDMENT Acr OF 1895 8. Citation . (1) In this Part of this Act, The Succession and Probate Duties Act 1892 Amendment Act of 1895, as subsequently amended from time to time, is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Succession and Probate Duties Act 1892 Amendment Act 1895-1969. 9. Amendment of s. 3. Section 3 of the Principal Act is amended by inserting at the end thereof the following subsections:- " (3) For the purpose of the taking by or giving to the Commissioner of security for the payment of duty under any Act relating to succession and probate duties the Commissioner shall be a corporation sole by the name of "The Commissioner of Stamp Duties " and by that name shall have perpetual succession and an official seal which shall be judicially noticed, and shall be capable in law of suing and being sued, and shall have power to acquire, purchase, hold, lease, transfer, sell or exchange property both real and personal. (4) Any security taken or given for the payment of succession duty shall be taken or given in the name of the corporation constituted by subsection (3) of this section either alone or jointly with any other person or persons. (5) Where prior to the commencement of the Succession and Probate Duties Acts Amendment Act 1969 security for the payment of succession duty has been taken or given in the name of a persgn who was the holder of the office of Commissioner of Stamp Duties either alone or jointly with any other person or persons then the title or interest of that first-mentioned person immediately before he ceased to hold such office in any such security that is subsisting at the said commencement is hereby vested in the corporation constituted by subsection (3) of this section either alone or, as the case may be, jointly with the other person or persons. (6) Where any security of a kind to which subsection (5) of this section relates has been taken or given in the name of any person who was or is the holder of the office of Under Treasurer in the Treasury Department of Queensland either alone or jointly with any other person or persons, the title or interest of the said person who was or is the holder of the office of Under Treasurer in any such security that is subsisting at the commencement of the Succession and Probate Duties Acts Amendment Act 1969 is hereby vested in the corporation constituted by subsection (3) of this section. (7) All rights accruing or accrued to, and all liabilities of, the person from whom the title or interest in a security to which this section relates is divested by this section and vested in the corporation constituted by subsection (3) of this section, in respect of the security are vested in the corporation and may be enforced by, or, as the case may be, against the corporation.".

80 Succession and Probate Duties Acts Amendment Act 1969, No. 13 PART IV-AMENDMENT OF THE SUCCESSION AND PROBATE DUTIES ACT OF 1904 10. Citation . (1) In this Part of this Act, The Succession and Probate Duties Act of 1904, as subsequently amended from time to time, is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Succession and Probate Duties Act 1904-1969. 11. New s. 8A. The Principal Act is amended by inserting after section 8 the following section-- "8A. Duty not to bear interest . (1) Notwithstanding the provisions of section 8 of this Act interest under that section shall not be payable- (a) upon the duty payable in respect of a succession; or (b) in a case where the duty is payable by instalments and the Commissioner so determines, upon the amount of a specified instalment only, during such period as may be determined by the Commissioner and specified in writing under his hand in any case where the Commissioner is satisfied that by reason of the effects of drought, payment of the duty at the date of the application for such determination would cause undue hardship. (2) For the purpose of deciding whether or not a determination should be made for the purposes of subsection (1) of this section, the Commissioner shall have regard to all the circumstances of the case including but without limiting the generality thereof the amount of duty payable in respect of the succession, the seasonal conditions at and preceding the time of making the application for the determination and the extent to which the earning capacity of the property- (a) the subject of the succession; or (b) where the property the subject of the succession is- (i) shares in a primary producer's company; or (ii) an interest in a primary producer's partnership, of the company or partnership, has been affected by drought. (3) The Commissioner shall not make a determination for the purposes of subsection (1) of this section unless he is satisfied that- (a) there was no property not comprising the succession (other than property that the Commissioner is satisfied is wholly or principally used in the business of primary production) passing as a succession arising upon the death of the person from whom the succession in question is derived as predecessor from which having regard to the value thereof provision might have been made equitably by the predecessor for the payment of the duty in question and from which, if such provision had been so made, the Commissioner is satisfied that, having regard to the effects of drought, payment of the duty might have been made without causing undue hardship; and

Succession and Probate Duties Acts Amendment Act 1969 , No. 13 81 (b) where the property the subject of the succession is- (i) shares in a primary producer's company; or (ii) an interest in a primary producer's partnership, there was no property of the company or partnership (other than property that the Commissioner is satisfied is wholly or principally used in the business of primary production) from which, having regard to the effects of drought, arrangements for the payment of the duty might be made without causing undue hardship to the shareholders of the company or members of the partnership. (4) Application for a determination under subsection (1) of this section- (a) shall be in writing; (b) shall state the grounds thereof; (c) shall be lodged with the Commissioner before the expiration of a period of six months from the commencement of this Act or the expiration of the period after which, or before the date from which, interest is payable upon the duty under section 8 of this Act whichever last happens save in the case of duty payable by instalments in which case application may be made in relation to an instalment before the date on which the instalment becomes due but the Commissioner may in the special circumstances of the case extend the period or time in question as he deems proper. (5) The Commissioner may extend or further extend any period determined by him for the purposes of subsection (1) of this section upon application in writing specifying the grounds thereof lodged with the Commissioner before the expiration of the period or, as the case may be, extended period. (6) The provisions of subsections (1), (2) and (3) of this section shall apply to an application under subsection (5) of this section in the same manner as if it were an application for a determination under subsection (1) of this section. (7) In this section- " primary production " means production resulting directly from- (a) the cultivation of land; or (b) the maintenance of grazing animals for the purpose of selling them or their bodily produce, including the natural increase, and includes the manufacture of dairy produce by the person who produced the raw material used in the manufacture; " primary producer's company " means a proprietary company incorporated under the laws of Queensland in which, immediately prior to the death of the predecessor, ninety per centum at the least of the issued share capital thereof was beneficially owned by the predecessor or by persons who were related to the

82 Succession and Probate Duties Acts Amendment Act 1969, No. 13 predecessor by blood or marriage and which the Commissioner is satisfied is wholly or principally engaged in the business of primary production; " primary producer's partnership " means a partnership which the Commissioner is satisfied was formed for the purpose of carrying on the business of primary production and carries on that business either wholly or principally. (8) For the purposes of this section, a person shall be deemed to be related by blood or marriage to the predecessor if that person is- (a) the spouse of the predecessor; (b) a lineal ancestor or lineal descendant of the predecessor or of the spouse of the predecessor; or (c) a brother or sister of the predecessor or of the spouse of the predecessor or a child of such brother or sister. (9) The powers conferred by this section are in addition to and not in limitation of the powers conferred on the Commissioner by section 8 of this Act.". 12. Application of Part. (1) The Principal Act as amended by this Part applies with respect to successions derived from a person dying before or after the commencement of this Act.