Succession and Probate Duties Acts Amendment Act of 1918 (9 Geo v No. 16) (Qld)

8566 SUCCESSION. Succession and Probate Duties Acts Amendment. 9 GEO. V. No. 16, SUCCESSION. 9NG o e . o 1 . 6 v . . An Act to Amend "The Succession and Probate THE Duties Acts, 1892 to 1915." SUCCESSION AND PROBATE [A.SSENTED TO 14TH NOVEMBER, 1918.J DUTIES ACTS AMENDMENT ACT OF 1918. MOST GRACIOUS SOVEREIGN,- WE, Preamble. . Your Majesty's most dutiful and loyal subjects, the members of the Legislative Assembly of Queensland in Parliament assembled, towards raising the necessary supplies to defray Your Majesty's public expenses and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter men- tioned, and do, therefore, most humbly beseech Your Majesty that it may be enacted; and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short titl~. . 1. This Act may be cited as "The Suooession and aconndsctroumct- Ion, Probate ])uties Aots Amendment Act oif 1918 , " and mencement. shall be read as one with "The Suooession and Plobate of Act. ])uties Acts, 1892 to 1915." *" The Suooession and Probate. ])uties Aot, 1892," is herein referred to as the Principal Act. Save as hereinafter provided, this Act shall be deemed to have come into operation on the first day of June, one thousand nine hundred and eighteen, and to that extent shall have retrospective operation. Amendment 2. The following provisions are added to section five of s. 5. of the Principal Act :_ In any other case in respect of a succession by survivorship to property held jointly, duty shall be paid as a succession thereto derived from the person from whom the joint title was derived. Joint (2.) Where persons contribute jointly to any fund ~ fo~ tribu- and enter. into an agreement or arrangement whereby to a fund the income from the fund or from any investment.thereof S w u i r th V . Ivors h I ' p. is shared during their joint lives, and, upon th • e death of anyone or more of such persons, such fund or mvestment * Reprinted as consolidated (Appendix H), infra, pages 8989.

SUCCESSION. 8567 1918. Succession and Probate Duties Acts Amendment. devolves upon the survivors or survivor, duty shall be paid upon each such death in respect of the accretion of interest in such fund or investment to the survivors or survivor upon the fair and reasonable value thereof at each such death as a succession derived from such person so dying as the predecessor. Where persons contribute jointly to any fund and enter into an agreement or arrangement whereby tl1e income from the fund or from any investment thereof is shared during their joint lives, and, pursuant to such agreement or arrangement upon the death of anyone or more of such persons, such fund or investment is taken over by the survivors or survivor at a value fixed by such agreement or arrangement or upon the basis of a value disclosed in any balance-sheet, duty shall be paid upon each such death in respect of such fund or invest- ment upon the fair and reasonable value of the deceased's share therein, after deducting the value fixed or disclosed as aforesaid, as a succession derived from the deceased as predecessor. (3.) Where any property is purchased jointly and Joint conveyed to the purchasers for life with remainder to the~ ~ ; ; ~ : : ; S of survivor in fee-simple, duty shall be paid upon the with. dea~ h of each tenant for life in respect of the accretion ~ ~ ~ ~ ~ ~ to of mterest in such property to the survivors or sur- vivor upon the fair and reasonable value of the deceased's interest at his death as a succession derived from him as the predecessor. • 3. The second and third paragraphs of section ten Amendment of the Principal Act are repealed, and the following of s. 10. provisions are inserted in lieu thereof, and shall apply to all dispositions of property, whether made before or after the commencement of this Act, the disponors whereof shall have died after the commencement of this Act:- (2.) When a disposition of property purports to take effect presently, or under such circumstances as not to confer a succession, but by the effect or in consequence of any engagement, secret trust, or arrangement (whether or not such engagement, trust, or arrangement is legally enforceable), the beneficial ownership, use, or enjoyment of such property, or any rents, profits, dividends, or income derived therefrom, does not bond fide pass according to such disposition, but in fact is wholly .or in part re- ceived, enjoyed, or used by the disponor until his death, or wholly or in part devolves to any person on

8568 SUCCESSION. Succession OIYtd Probate Ditties Acts Amendment. 9 GEO. V. No. 16, death or at some period ascertainable only by reference to death, or is received enjoyed or used. by any person on death, then such person shall be deemed to acquire the property as a succession derived from the person making the disposition as the predecessor. The burden of proving that the beneficial owner- ship, use, and enjoyment of such property, or of the rents, profits, dividends, and income (if any) derived therefrom, wholly took effect in favour of and passed to such person immediately on such disposition of property shall lie upon him, and failing such proof he shall be deemed to have acquired the property as a succession derived as aforesaid. (3.) When a disposition of shares or other interest in a company- (a) Purports to have been by way 'of immediate gift inter vivos; or (b) Is alleged to be for good consideration, but such consideration does not pass or is· in- adequate; and the disponee. did not during the lifetime of the disponor derive a yearly benefit in respect of such shares or interest of not less than the income which the value of such shares or interest each year would have produced if prudently invested in authorised investments, within the meaning of *" The Trustees and Executors Acts, 1897 to 1906," then such disponee shall be deemed to acquire' such shares or interest as a succession deri vea from the disponor thereof as the predecessor. Without limiting the meaning 01 the term" dis. position," for the purposes of this provision an allotment of shares in a company shall be deemed to be a dis- position, and the person at whose request or by whose direction the same Were allotted shall be deemed to be the disponor. The burden of proving- (a) That any consideration alleged for any dis- position as aforesaid actually passed from the disponee and was adequate; and (b) That the disponee of any shares or interest as aforesaid derived a yearly benefit in respect of such shares or interest to the extent aforesaid, • . * 61 Vic. No. 10 and amending Acts, supra, pages 3497 et 8eq.

SUCCESSION. 8569 1918. Succession and Probate Dtdies Acts Amendment. shall lie upon the disponee, and failing such proof he shall be deemed to have acquired the shares or interest as a succession derived as aforesaid. (4.) When a court of competent jurisdiction declares that in any disposition of property as aforesaid the disponee did not derive the whole benefit therefrom immediately to the entire exclusion of the disponor from any benefit whatever, or, in the case of a disposition of shares or other interest in a company as aforesaid, that the alleged consideration therefor did not actually pass as aforesaid or was inadequate, or that the disponee did not derive a yearly benefit as aforesaid during the lifetime of the disponor, it shall be lawful for the court to declare a succession to have been conferred on such disponee at such time and to such extent as the court may think fit;' and such disponee shall be deemed to have acquired a succession accordingly derived from the disponor as the predecessor. 4. Mter section ten of the Principal Act, the following sections are inserted :-'-_. [,viJv [lOA.] Where any person dying after the first day of When ') q -, 'q' June, one thousand nine hundred. and e1 ~ 0'hteen (her.ein rpergoipsrt? Ieretodr L{ '1:1 called" the predecessor") had at hIS death the possessIon, may be .use, or enjoyment of any property or of any interest called on to t herem· , or was . m re.ceIpt 0 f the who 1 e or any part 0 f t h e pbreonveeficial rents, profits, dividends, or income of such property or in_ownership, terest, and some other person (herein called" the successor") was at the date ot the death of the predecessor the re- gistered proprietor, owner, or holder of such property or interest under the laws in force relating to the regis- tration of title in such property or interest, the burden of proving that the entire beneficial ownership of such property or interest was, immediately prior to the death of the predecessor, vested in and enj oyed by the successor for the full estate and interest in respect of which he was registered as aforesaid shall lie upon the successor, and failing such proof he shall, notwithstanding such registra- tion, be deemed to have acquired such property or interest from the predecessor as a succession on death. [lOB.] Upon the qeath of any I?erson, after the DepOSIts, &0., first day of June, one thousand nme hundred and in joint eighteen, all moneys held by any bank or financial names, &0, institution upon any account, whether "and/or," or joint, or joint and several, on which the deceased had the right to operate or draw, shall be deemed to form part

8570 SUCCESSION. Succession and Probate Dtdies Acts Amendment. 9 GEO. V. No. 16. of his estate, and confer a succession on his death, except as to so much thereof as is proved to have been the exclusive property of any either person, immediately prior to such death. Duty on [100.] Where any policy of life insurance effected by 'i g n i s f u ts ra o n f c l e ife any person (herein called "the donor") has been assigned policies. by him by way of gift to any person. (herein called "the donee") and any premiums thereon have been paid by the donee, succession duty shall be paid in respect of the amount payable under such policy upon the death of the donor, and the value of the succession shall bear such proportion to the amount so payable as the amount of premiums paid by the donor bears to the total' premiums paid in respect of such policy: Provided that the burden of proving that the whole of such premiums were not paid by the donor shall lie on the donee. Returns by insurance companies. A return' of all or any moneys paid over in respect of any insurance payable upon the death of any person~ where such policy is recorded in the books of a life assurance company in Queensland, or if recorded in the books or register of such company outside Queensland, if the premiums are paid to such company in Queensland, must be furnished to the Commissioners by such company.. Foreign firm [lOn.] Where a firm carrying on business in some : ~ ~ ~ :1n country" possession, or place, other than Queensland, is Queensland the registered holder of shares or other interests in a com- company. pany incorporated in Queensland under *" The Companies Acts, 1863 to 1913," such firm shall for the purposes of this Act be deemed to be carrying on business in Queensland in so far as relates to the shares or other interests in such company held by the firm. Upon the death of any member of such firm after the first day of .June, one thousand nine hundred and eighteen, duty shall be paid in QueensIand in respect of the value of such shares or other interest'3 so held, in proportion to the interest held by the deceased in such firm, and to this extent the shares or other interests in the Queensland company shall be deemed to form part of. the estate and effects of the deceased situated in Queensland for or in respect of which succession duty is payable in like manner as if such person were the registered holder of shares in such company. * 27 Vic. No. 4 and amending Act,s, supra, pages 186 et seq. and 5829.

SUCCESSION. 8571 1918. Succession and Probate Duties Acts Amendment. No transfer or other dealing shall be recorded by the company nor dividends paid or credited in respect of such shares or other interests so held, where the death of a member in any such firm is ",ithin the knowledge of such company, until a certificate under the hand of the Com- missioners is produced to the company showing that all duty has been paid or accounted for upon the death of a member in such firm in respect of such shares. The provisions of section two of "The Succession and Probate D~ [ ties Act 1892 Amendment Act of 1895," as amended by "The Succession and Probate Duties Act of 1904," and by this Act, shall apply to such Queensland company, in so far as relates to the payment of the duty in respect .of such shares or other interests so held, in the same manner as if such shares or. other interests had been registered in the name of the deceased member of such firm in a branch register of such company, to the extent of his interest in the firm. 5. In section eleven of the Principal Act, the words Amendment "the 'Stamp Dutie8 Act of 1866' and' The Stamp Duties of;. ll. Act Amendment Act of 1890' or any Act amending or in substitution for those Acts" are repealed, and the , following words are inserted in lieu thereot, namely:- * " 'The StampAct, 1894,'or any Act amending or in substitution for that Act. And without prejudice to the provisions of that Act, and by way. of additional remedy, all such duties, including any additional duty, :rp.ay at any time be sued for and recovered in any court by the Commissioners suing in their official name. All penalties for breaches of this Act or any Act amending the same, or any regulations made thereunder, may be recovered by complaint in a summary way under t ' The Justices Acts, 1886 to 1909.'" • 6. After section eleven of the Principal Act, the following sections are inserted :- [l1A.] (1.) The Commissioners may register a memo- Registration randum of any duty assessed under this Act as a charge o~ duty as a on the particular interest assessed with such duty, after c arge. having certified in wrf,'ting that there are arrears of duty payable; and the R gistrar of Titles or other proper officer shall register the charge accordingly, and give I * Reprinted as consolid ted (Appendix G), infra, page 8939. t 50 Vic. No. 17 and am nding Acts, supra, pages 1132 et seq. I

8572 SUCCESSION. Succession and Probate Duties Acts Amendment. 9 GEO. V. No. 16, ------",----- effect· to it as if the certificate were an instrument of charge or encumbrance duly executed under the laws in force for the time being. Corn· missioners (2.) If any duty is not pard by the final date fixed may apply for the payment thereof under this Act, the Com- sfeolrl. order to missioners may apply to the Supreme Court or a Judge thereof for an order that a sufficient portion of any property subject to the duty may be sold to pay the duty. \ Powers of Such Court or judge may grant the order applied -Court. for, and may fix the prices, terms, and conditions of the sale, and may make such order as to the costs of and consequent upon such application, proceedings, and sale as it or he thinks fit. Application The moneys arising from such sale shall be applied- of proceeds. first, towards paying the costs and expenses, if so ordered, of and consequent upon any such application, proceed- ings, and sale; and, in the next place, towards the pay- ment of the duty, and 'any additional duty due; the balance, if any, shall be paid to the person entitled, and in the case of an executor, administrator, or trustee shall be held or disposed of by him upon the same trusts as the property sold would have been held or disposed of: Court may order as to surplus. Provided that such Court or judge may make any order that seems just as to such surplus moneys, and as to the disposal or investment thereof, and as to the person or persons to whom the same or the interest thereof shall be paid. What [1113.J (1.) Save as hereinafter provided, any perso~ f~° teerty not who takes "possession of or in any manner administers any administered real property of a less tenure than an estate of freehold or ~ ~ J~ ate or any personal property whatsoever in Queensland or any 3.dministra- interest therein belonging to any person who dies after tlOn granted. the first day of .July, one thous!:lnd nine hundred and eighteen, shall be liable to a penalty not exceeding" one hundred pounds and also to a further penalty of ten pounds per centum on the amount of all probate and. succession duty payable in Queensland, in respect of such property, unless within twelve months after the death of the deceased, or within four months after the determination of any action or dispute respecting the will or the right to administration which is" not ended within eight months after the death of the deceased, probate or administration of ~mch property has been granted in Queensland, or, if probate or administration of such property has been granted

8573 1918. Succession and Probat Duties Acts Amendment. ---'------ ------------- in any place out of Que nsland, unless within twelve months after such grant is made such probate or administration has been resealed in Queensland III accordance with *" The British Probates Act, 1898": Provided that a judge of the Supreme Court, on t being satisfied that the omission to obtain such grant of probate or ~ dministration or to have any probate or administration resealed was unavoidable or accidental or due to inadvertence, may, in his discretion, extend any time limited as aforesaid. (2.) rrhis section shall not apply- (a) Where it is shown to the satisfacti~ n of the Commissioners that the total value of sU(lh property or interest does not amount to two_ hundred pounds; or that the total value of the estate of the deceased does not exceed five hundred pounds and the deceased was domiciled in Queensland and the successor is the wife or the lineal issue of the deceased; (b) reo any policy moneys which may be paid in accordance with section thirtv-nine of t" The Life Assurance Companies Act of 1901 "; (c) rfo deposits not exceeding two hundred pounds in the Queensland Government Savings Bank; (d) To the Public Curator; ( e) To any person taking possession of or administer- ing the estate of a deceased member of any company registered under t" The Companies Acts, 1~ 63 to 1913," in so far as relates to the , shares or other interest of such member re- corded on the branch register of such company outside Queensland, or to any such company permitting any dealing with such iShares or other interest as aforesaid without a grant of probate or administration or a reseal thereof as aforesaid. 7. All the provisions of section twelve of the Princi-Amendment pal Act, as amended by section seven of "The Succession of s. 12. and Probate Duties Act of 1904," except the last para- u - JJ12- graph thereof, are repealed so far as relates to the estates J/ ,f..!l.. * 62 Vic. No. 10. supra, page 3384. t 1 Edw. VII. No. 20,_.supra, page 282. :I: 27 Vic. No. 4 and amending Acts, supra, pages 186 et seq. and 5829.

8574 SUCCESSION. Succession and Probate Duties Acts Amendment. 9 GEO. V. No. 16, of persons dying after the commencement of this Act and the estates of persons where a beneficial interest in possession in any property or the income thereof on the determination of any charge, estate, or interest upon any death accrues after the commencement of this Act; and the following provisions are inserted in lieu thereof :-> Duties on [12.] There shall be levied and paid toHis Majesty successions. in respect of every such succession as aforesaid, according to the value thereof at the time when the succession takes effect, the following duties, that. is to say: ---- (1.) If the whole succession or successions derived from the same predecessor and passing upon any death to any person or persons amount in money or principal value to less than two hundred pounds, no duty. If the same amount to £200 but do not exceed £1,000, 2 per cent If the same exceed £1,000 but do not exceed £2,500, 3 per cent. If the same exceed £2,500 but do not. exceed £4,000, 3k per cent. If the same exceed £4,000 but do not exceed £5,000, 3i per cent. If the same exceed £5,000 but do not exceed £6,000, 4 per cent. If the same exceed £6,000 but do not exceed £7,000, 4t per cent. If the same exceed £7,000 but do not exceed £8,000, 41 per cent. If the same exceed £8,000 but do not exceed £9,000, 5 per cent, If the same exceed £9,000 but do not exceed £10,000, 5k per cent.. If the same exceed £10,000 but do not exceed £12,500, 51 per cent. If the same exceed £12,500 but do not exceed' £15,000, 6 per cent. If the I'ame exceed £15,000 but do not exceed £17,500, 6k per cent. If the same exceed £17,500 but do not exceed £20,000, 61 per cent. If the same exceed £20,000 but do not exceed £22,500, 7 per cent. If the same exceed £22,500 but do not exceed £25,000, 7t per cent. If the same exceed £25,000 but do not exceed £27,500, 71 per cent. If the same exceed £27,500 but do not exceed £30,000, 8 per cent. If the same exceed £30,000, 8 per cent., together with an additiona.j percentage, upon the amount or principal value, of one third of one per cent. for every £5,000 or part of £5,000 in excess of > £30,OOO,but so that the percentage shall not exceed ~ 5 per cent. (2.) For determining the rate of succession duty so payable, there shall be aggregated so as to form one estate the valuo of <tll property, whether situated within or outside Queensland (after de- ducting therefrom all debts and liabilities (other than contingent liabilit.ies) iIfcurred by the deceased and due and owing by him at the time of his death, except any debt in respect of which there is· a right t.o reimburSement from any other estate or person) and passing on such death, including all such dispositions of property, inter vivos or otherwise, as under "The Succession and Probate Duties Acts, 1892 to 1918," are deemed to confer successions on the disponees, and all successions arising upon any death in respect of which t.he deceased is the predecessor or creator, and all> property and suc- cessions which, by "The Succession and Probate Duties Acts, 1892 to 1918," are deemed to const.itute successioJJs arising on such death: Provided that where a beneficial interest in possession in any propert.y or the income thereof on the determinat.ion of any charge,

SUCCESSION. 1918. S1tCCesstn and Probate D1tties Acts Amendment. -estate, or interest upon any death accrues after the first day of June, one thousand nine hundred and eighteen, the duty payable shall be ascertained as fol~ ows :-To the principal value of such interest when it falls into' possessi!:m shall be added the value, as previously ascertained under any law re~ ating to probate or suecession duties, of the rest of the estate of whi$h such interest formed part, snd the sum so arrived at shall be t,he artlOunt on which the rate of duty on such interest shall be fixed in accordance with the above table of duties. (3.) In the afsessment of succession duty- (a) An allowance shall not be made in the first instance for debts I due from the deceased to persons resident out of QueeIilsland, except out of the value or any personal propelrty of the deceased situated outside Queensland in respect of which duty under this Act is paid; and there shall be no repayment of such duty in respect of any such debts, except to the extent to which it is shown to the satisfaction of the Commissioners that the property of the decea~ ed situated in the country or possession in which the perso~ s reside, to whom such debts' are due, is insufficient for tHeir payment; (b) Where a person domiciled outside Queensland at the time of his death owed a debt secured by mortgage, lien, or charge over property situated within Queensland, there shall be deduted from such property or estate in Queensland for the urposes of this Act such part only of such debt as excee the value of t.he property or estate of such person situated outside Queensland; {c) Where a person (whether at the time of his death domiciled within or without Queensland) owed a debt secured by mortgage, lien, or charge over property situated outside Queep.sland, and also secured by mortgage, lien, or charge over "property situated within Queensland, there shall be dedulted from such property or estate in Queensland such part only of such debt as exceeds the value of the said prop rty which is situated outside Queensland; (d) Reasonable funeral expenses may be. allowed, if not other- wise provided for, and also probate or administration duty paid lin this State. The Commissioner may allow reason- able ~ osts of obtaining a grant of probate or administration, but ~ o allo~ ance shall be ~ ade for the costs of an admini~­ trati4n actlOnor costs illcurred by t.he succe'lsor ill obt.aining possession of or defending the title to the property or for Federal estate dut.y. (4.) Provid~ d that- (a) In cases where the company concerned pays the duty as preS!,ibed under section two of "The Succession and Pro- bate uties Act 1892 Amendment Act of 1895" as amended by s ction nine of "The Succession and Probate Duties Act ot 1904," or as prescribed under section eleven of the last- men~ ioned Act, the payment so made shall be deducted from the duty on the value of the shares or interest in such com~ any held by the deceased at the time of his death as' ascerained at the aforesaid rates; 8575

8576 SUCCESSION. Succession and Probate Duties Acts Amendment. 9 GEO. V. No. 16, (b) Where the total value of the estate of the deceased, in or out of Queensland, does not exceed two thousand five hu:D.dred pounds, and the predecessor was domiciled in the Commonwealth, and the successor is the wife or the lineal issue of the pred~ essor, the duty shall be charged at one- half of the rates aforesaid in respect of the succession coming to him or her; {c) Where the total value of the estate of the deceasp.d, in or out of Queensland, exceeds two thousand five hundred pounds .but does not exceed five thousand pounds, and the prede- cessor was domiciled in the Commonwealth, and the successor is the wife or lineal issue of the predecessor, the- duty shall be charged at two-thirds of the rates aforesaid in respect of the succession coming to him or her; (d) Where such total value of' the estate does not exceed five hundred pounds, and the predecessor was domiciled in the Commonwealth, and the successor is the wife or the lineal issue of the predecessor, no succession duty shall be payable; (e) Where the successor is not a stranger in blood to· the predecessor, but is other than the wife or husband or' lineal issue of the predecessor, the rate shall be greater than that specified in the foregoing table for such estate by an addition of one-half of the rate therein specified, but so that such rate shall not exceed fifteen per cent. ; (I) Where the successor is a stranger in blood to the predecessor, the duty shall he charged at double the rate specified in the foregoing talllo, but so that such rate shall not exceed twenty per cent. "mendment . 8. In section fourteen of the Principal Act all words 01 B. 14. . from and including "but a successor" to the end of the section are repealed. Amendment 9 .. (1.) In the third paragraph of section forty-three of s. 43. of the Principal Act as amended by section thirteen of " The Succession and Probate Duties Acto! 1904," the words "other than" are repealed, and the word "in- cluding " is inserted in lieu thereof. (2.) The last paragraph of the said section is repealed, and the following paragraphs are inserted in lieu thereof:- When it appears to the Registrar of Titles that anyone has become entitled to a registrable interest as remainderman or reversioner he shall be at liberty, if he deems it advisable, to make a like entry as last aforesaid in the register (which entry shall have the like effect), notwithstanding that no application for registration of such estate or interest has been made. When a record of the death of a trustee is about to be entered up, the Registrar of Titles shall not enter up such record of death until he receives a certificate

SUCCESSION. 8577 1918. Successi~ n and Probate Dttties Acts Amendment. under the hand of a Commissioner that no duty under " The Stlccessior and Probate Duties Acts, 1892 to 1918," is payable, or that duty has been paid or accounted for in respect of the property held upon trust or any interest thereirl; upon any death, whether such property is partnership assets or otherwise. 10. After f:;ection forty-three of the Principal Act, the following secti9n is inserted:- . [43A.] (1.)1 When any transfer, release of mortgage, or Duties of other instrumep.t is lodged for registration with any State ~ ~ a~ o~ ! ~ erB officer, and in the opinion of such officer the property re!enue. particularised I in any such document appears to be charged or .cHargeable with succession duty, notice of such documen1i having been lodged shall be communicated by such officerl to the Commissioners before the registra- tion thereof, and such officer may delay such registration until a certific!te, under the hand of a Commissioner, has been produced to him showing that all duty under "The Succession andrprobateDuties Acts, 1892 -to 1918," has been paid, or that ro duty is payable, or that the duty has been accounted for. . (2.) Whenia, record of death oroftransmission by death is lodged with lany State officer in respect of real property of a less teniure than freehold, or of any interest in moneys securtjd by mortgage, such officer shall, before recording or legistering such document, require to be lodged a certincate, under the hand of a Commissioner, that all dutYllnder "The Succession and Probate Duties Acts, 1892 to 1918," has been paid, or that no duty is payable, or thlat such duty has been accounted for in respect of sucl). property. I 11. In thy third paragraph of section forty-seven of Amendment the Principal Act, after the words "if dissatisfied with of B. 47. such account and estimate" the words "or if no account and estimate 1have been delivered as prescribed" are inserted. I In the la~ t paragraph of the said section the words "If the dutY! so assessed exceeds the duty assessable according to fhe return made to the Commissioners and with which they have been dissatisfied and" are repealed; also, before the word "assessment" where it first occurs, t,e words " last mentioned" are inserted. The following provision is added to the said section:- The COlIljmissioners may, in their discretion, adopt as the value of any shares or stock in any company or 1

8578 SUCCESSION. Succession and Probate D1tties Acts Amendment. 9 GEO. V. No. 16, Power to reassess. corporation such sum as, in the opinion of the Commis- sioners, the holder thereof would receive in the event of the company being voluntarily wound up on the date when the succession took effect. • 12. After section forty-seven of the Principal Act, the following section is inserted:- [47A.] If, within two years after any assessment of suc- cession or probate duty has been made or any such duty has been paid it is discovered that the account and estimate as originally delivered disclosed a less amount than the true value of such property at the time the succession took effect, or that for any reason too little duty has been paid, the Commissioners may take a further account and estimate and reassess the duty on the footing of such further account and estimate subject to appeal as herein- after provided, and recover any further duty payable on such reassessment, together with the whole or any part of the expenses incident to the taking of such last-mentioned account and estimate. Amendment 13. The following provision is added to section of s. 48. forty-eight of the Principal Act as amend~ d by section fourteen of "The Succession and Probate Duties Act of 1904" :- ~ uch summons may be served on such person by being sent to him in a registered post letter addressed to his last known place of abode or business within or beyond the St,a,te, 14. After section forty-nine of the Pr.incipal Act, the following sections are inserted :- Default in returns, &0. [49.A,] (1.) Any person who- (a) Without reasonable excuse fails or neglects to duly furnish any return as and when required by this Act or the Regulations or by the Commissioners; er (b) Without just cause shown by him, refuses or neglects to duly attend and give evidence when required by the Commissioners or any officer duly authorised by a Commissioner, or to truly and fully answer any questions put to him; or (c) Makes an incorrect return, or in any return understates the value of any estate, or makes any false answer, wbether orally or in writing,

SUCCESSION. 857:! 1918. Successlon and Probate Dtdies Acts Amendment. in I relation to any matter or thing affecting the' liability to assessment under "The S~ ccession and Probate Duties Acts, 1892 to 19118," of any estate; or . (d) Being employed or concerned in or a90ut the p~ eparation of any account, neglects or omits fully and truly to set forth therein the facts al~ d circumstances within his knowledge affect- ing the liability of any person or property tol assessment under "The Succession and Probate Duties Acts, 1892 to 1918" ; shall be liablb to· a penalty not exceeding one hundred pounds. (2.) Paykent of any such penalty shall not relieve any person qr property from liability to assessment or payment of any duty or any other penalties incurred under this A~ t. . (3.) The provisions of this section shall not affect. any of the prdvisions of *" The Oriminal Oode": Provided that a personl shall not be liable to be proceeded against and punished both under this section and under *" The Criminal Ood~ . " [49B.] ( 1~ ) All public officers, including all State Dut~ of officers of any" Taxation Department, and all other personsE~ ~ ~ ~ s &c. and bodies c<?rporate whatsoever having in their custody, . possession, 011 power any books, records, registers, papers, or ether documents the inspectjon whereof may tend to secure the payment of any duty under "The Succession 'and Probate 'Puties Acts, 1892 to 1918," or to the proof or discovery of any f:r;aud or omission in relation to any such dUlty, shall at all reasonable times, notwith- standing anything to the contrary in any other Act, permit any person thereunto authori3ed by a Com- missioner to inspect all such books, records, registers, papers, and 4ocuments, and to take such notes, copies, or extracts thereof Of therefrom as he may deem necessary, without fee 9r reward. . (2.) Every person or body corporate refusing to permit or obstructing any such inspection, or any such taking of notes, copies, or extracts, <3hall be liable toO a penalty not exceeding fifty pounds. [490.] ~ very person employed under this Act sha 11 Secrecy preserve and aid in preserving secrecy with regard to all I " 63 Vic. No. 9, Sch. 1., 8upra, page 344. 1

8580 SUCCESSION. Succession and Probate Duties Acts Amendment. 9 GEO. V. No. 16, matters that may come to his knowledge in his official capacity, and shall not communicate any·such matter to any other person except in the performance of his duties under this Act, or except to the Auditor-General or some officer of his department for the purposes of audit under the laws in force relating to the audit of public accounts, and to this extent the Auditor-General and any such officer shall be deemed to be persons appointed or employed under this Act. The Commissioner and every Deputy Commissioner shall take and subscribe hefore a justice the prescribed oath of fidelity and secrecy. Such oath shall also be taken and subscribed by every other person appointed or employed under this Act, and the same may be administered to him by the Commissioner or Deputy Commissioner or any justice. Every person who, in contr~ vention of the true intent of such oath and without lawful excuse, reveals any matter or thing which has come to his knowledge in his official capacity, shall be liable to a penalty not exceeding one hundred pounds, or to be imprisoned for any period not exceeding six months with or without hard labour. Notwithstanding anything herein contained, it shall be lawful for a Commissioner, and he is herebyautho- rised, to afford to the Commonwealth Commissioner of Taxation or his deputy in Queensland, or any State Taxation Department, any information in his possession with respect to the administration of this Act; and the affording of such information shall not be deemed to be a contravention of this section. Property subject to probate duty. 15. After section fifty-five of the Principal Act, the following section is inserted :- [55A.] The stamp duties payable by law upon probates of wills, OJ.' letters of administration with will annexed, shall be llwied and paid in respect of all the personal estate and effects or rents or other moneys whatsoever coming into the hands of the executor or administrator or recoverable by him under such grant as aforesaid in respect of any property whatsoever; and where any testator has disposed of any personal property by will, under any power or authority enabling him to dispose of the same as he thinks fit, such estate and effects 'shall be deemed to be the estate and effects of

SUCCESSION. 8581 . 1918. Succession and Probate Duties Acts Amendment. the testator in respect of which probate of the will or letters of administration with the will annexed is or are granted as aforesaid. 16. The following amendments are made in section Amendment fifty-six of the Principal Act as amended by section of s. 56. fifteen of "The Succession and Probate Duties· Act of 1904" :-.In subsection (ii.) after the word "same" the words" the valuations to be furnished and the time and mode of furnishing the same and the persons by whom the same shall or may be furnished" are inserted. In subsection (v ii.) the word "twenty" is repealed, and the words" one hundred" are inserted in lieu thereof. 17. The following subsections are added to section Amendmeni> 56A of the Principal Act as enacted by section fifteen of of S. 56A. " The Succession and Probate Duties Act of 1904." (2.) In all legal proceedings- (i.) The production of any assessment or any document under the hand of the Commissioner purporting to be a copy of an assessment shall- (a) Be conclusive evidence of the due making of the assessment; ,and (b) Be conclusive evidence that the amount and all particulars of the assessment are correct, except in proceedings on appeal against the assessment when it shall be prima facie evidence only: (ii.) The production of any document under the hand of the Commissioner purporting to be a copy of or extract from any return or assess- ment shall for all purposes be sufficient evidence of the matter therein set forth without the production of the origjnal : (iii.) The production of any document or certificate under the hand of a Commissioner that all or any duty or interest or penalties have not been paid, or that any penalties have been imposed by a Commissioner for breaches of this Act or any Regulatio:q.s made thereunder, shall be conclusive evidence. (3.) The validity of any assessment shall not be Effects of affected by reason of any interim assessment having ~ sessments, been made or that any provisions of this Act have not c. been complied with.

. 13582 SUCCESSION. Succession and Probate Duties Acts Amendment. 9 GEO. V. No. 16, 18. Mter section fifty-seven of the Principal Act, the following secti , on is jnserted:- apPcroqowupeierrrettyo acco[u5n8t.s] f I u f rnthiseheCdomunmdiesrsitohniesrAs acrtefoorf tohpeinpiounrptohsaets,oifnatnhye undervalued. duty, the value of any property has been understated to the extent of more than twenty per centum, the following provisions shall apply :-- (a) The Commissioners may apply to the Supreme Court for a declaration that the Crown is entitled to acquire such property under this Act; (b) The application shall be heard by a judge of the Supreme Court, from whose decision an appeal shall lie to the Full Court; and the representatives of the deceased shall be entitled to be heard; (c) If the judge or Full Court- (i.) Is satisfied that the person furnishing such accounts has understated the value of such property to the extent of twenty per centum or more; and . , (ii.) Is not satisfied that the under-valuation was not made with a view to evading taxation, he or such court shall make the declaration applied for, and make such order as to costs as he or such court thinks proper; (d) Thereupon the Governor in Council may acquire the property on beha1f of the Crown, and for that purpose may, within a reason- able time, by proclamation, declare that the property is vested in the Crown, but subject to all leases, mortgages, and other charges affecting the property; (e) The effect of the proclamation shall be to vest the property in ~ he Crown for the same estate or interest therein as the owner was entitled to at the date of the pUblication of the procla- mation in the G.azette, but subject to all leases, mortgages, and other charges then affecting the property, and to entitle the owner to com- pensation therefor upon the basis of the value stated in the said accounts, together with the

SUCCESSION. 1918. Succession and Probate Duties Acts Amendment. . amount of ten per centum upon such value by way of an allowance for compulsory dis- possession; (f) The provisions of *" The Public Works Land Resumption Act of 1906" shall, so far as applic- able, l;mt subject to this Act, apply in relation to the property so acquired as if it had been acquired under that Act; (g) The Governor in Council may authorise the use of the property for any public purpose for which it is required, or, if it is not required for any public purpose, may authorise the disposal of it as he thinks fit. 19. In section two of "The Succession and Probate Amendment b IJ y uti s e e s ctI . A On ct n1m . 8e92 0 f Am" L m ennedmSeunctceAssctO . t nofan 1 d 89 p 5" ro a b s at a e m IJ e u n t d 't e . e d s o N f o 5 . 9 28 V , ie s. . 2. Act of 1904," the words" upon the issue of any grant of Probate or Administration in Queensland," also th!3 words "Where Probate or Administration is granted in Queens- land," also the words "upon the issue of any grant in Queensland," are repealed. In the second paragraph of the said section two, the words "for the purposes of this Act" are repealed, and the words "for the purposes of 'The Succession and Probate Duties Acts, 1892 to UH8;'" are inserted in lieu thereof. The following words are added to the fourth para- graph of the said section two, namely:-" and to a daily penalty not exceeding five pounds for every day during which such default continues." After the said fourth paragraph, the following provisions are inserted :- Duty under this section shall be paid by the com- pany, at the rate mentioned in the table hereunder set out, on the value of such shares or other interest held by the deceased at the time of his death, without any exemption or deduction whatsoever except as hereinafter provided, and such duty may be recovered by the Com- missionersfrom theco~ panyas a debt due to His Majesty after the expiration of a period of six months from the * 6 Edw. VII. No. 14, supra, page 8211.

8584 SUCCESSION. Succession and Probate Dtdies Acts Arnendrnent. 9 GEO. V. No. 16, death of the deceased or such further time as the Com- missioners may have allowed as aforesaid:- Table of Duties. Where the value of the shares or other interest of the deceased member- Does not exceed £500 2 per cent. Exceeds £500 but does not exceed £1,000 3 per cent. Exceeds £1,000 but does not exceed £2,000 4 per cent. Exceeds £2,00J but does not exceed £3,000 5 per cent. Exceeds £3,000 but does not exceed £5,000 6 per cent. Exceeds £5,000 but does not exceed £7,500 7 per cent. Exceeds £7,500 but does not exceed £10,000 8 per cent. Exceeds £10,000 but Ques not exceed £15,000 9 per cent. Exceeds £15,000, 9 perrent., togpther with an additional one per cent. on the total value for every £5,000 or part of £5,000 in excess of £15,000, but so that such rate shall not exceed 15 per cent. Provided that no duty shall be payable by the com- pany under this section where probate and succession duty have been paid in Queensland in respect of such shares or other interest held by the deceased at the time of his death. Amendment 20. (1.) In section four of "The Succession and Pro- oAfcst. o 4 f o1f904. vate DutiesAct ot 1904," the words "twelve months," where they twice occur, are repealed, and the words " two years" are inserted in lieu thereof. The amendment hereby made shall take effect on the first day of June, one thousand nine hundred and sixteen, and to that extent this Act shall have retrospec- tive operation; and the said section four, as so amended, shall apply to· every disposition of property therein referred to made after the said first day of June, one thousand nine hundred and sixteen, the disponors whereof shall have died after the commencement of this Act, but shall not apply to any disposition of property made before the mid first day of June, one thousand nine hundred and sixteen. (2.) The following words are added to the first para- graph of the said section, namely:-"within the meaning of the term 'succession' under the Principal Act and any Act amending the same." . The amendment hereby made shall be deemed to have been inserted in the said section four at the date of the passing of "The Succession and Probate Duties Act of 1904," and to that extent this Act shall have retrospective operation. '

SUCCESSION. 8565 1918. Sutcession and Probate Dnties Acts Amendment. 21. In the first paragraph of section five of "The Amendment Succession and Probate Duties Act Of 1904" the word of s. 5 of Act "' S . IX ". IS repea 1 ed,and t he word " three 'J" 18 . I . n ' serted I . n l ! ' eU of 1904. thereof; and the words "after his qeath" are repealed, and the words " upon any death" are inserted in lieu thereof. 22. Section eleven of "The S1'{cces8ion and Probate Amendment pu:ties Act ?f 1.904" is repealed, and the following section fc~· o~\ ~ ~4. IS Inserted In heu thereof:- . ,. " [11.] (1.) When any company incorporated according Payment of " . to the laws of some country, possession, or place, other dhuty on& Zlc-/ ~ /."2 than Queens 1 and, here' rn ca 11 ed a " for' elgn company, "s in afroerse, ignc. , "'7I.r . c Q aurerieenss 1 aornt d , bsuusicn h esscoinmpQanuyeenss h laan 11 d, maa k ned ahpaps 1· lCasast · IeOtsn , Iinn e ebau o rs m ri p yn ~ ems n gs y i o n n fiT· the prescribed form to the Commissioners that an office Queensland. of the company in. Queensland situated as stated in the application be registered as the registered office of the company for the purposes of this Act. . The application may be made by the foreign company by the hand of an agent or attorney or any person conducting the business of the company in Queensland. (2.) When the foreign company is carrying on any such business on the first day of June, one thousand nine hundred and eighteen, the application shall be made before the expiration of a period of six months thereafter; and when the company commences to carry on business after the said date, the application shall be made before .the expiration of a period of three months after the company commences to carry on business. (3.) If any such foreign company fails to make such application before the expiration of the period appointed in this section, or such further period as the Commissioner may allow, it shall be liable to a penalty not exceedin,g 'fifty pounds, and to a further penalty not exceeding two pounds for every day during which the company has carried on business after the expiration of such period, or further period as the Commissioner may have allowed as aforemid. (4.) On the receipt of any such application, the Com- missioners shall register the said office of the foreign company in a book to be kept for the purpose, alid issue a certificate of registration to the company by posting the same addressed to the company at such registered office. A copy of each certificate so issued shall be published in the Gazette.

8:i86 SUCCESSION. Succession and Probate Duties Acts .Amendment. 9 GEO. V. No. 16, (5.) When the situation of the registered office of any such foreign company is changed, notice in writing of such change shall forthwith be given by the company to the Commissioners, who shall enter the same on the register and, when the certificate of registration is presented to them for that, purpose, upon such certificate, and shall publish a copy of such notice in the Gazette. If any such company fails to give such notice, it shall be liable to a penalty not exceeding twenty pounds. (6.) Production of the Gazette purporting to contain the copy of a certifi.;;ate of registration issued under this section shall, for the purpose of proceedings in any court of justice or for any other purpose, be evidence that the office of such foreign company has been duly registered under this Act and is situated as mentioned in the certificate. Production' of the Gazette purporting to contain thE copy of a notice of the change of the situation of a regis- tered office shall, for the purposes aforesaid, be evidence that the registered office of the foreign company mentioned therein has been so changed. (7.) Upon the death of a member of any such foreign company, the shares or other interest of the deceased member shall, for the purposes of "The Succession and Probate Duties Acts, 1892 to 1918," be deemed to be part of his estate and effects situated in Queensland for or in respect of which succession duty is payable in like manner as if such company were duly incorporated and registered under the laws of Queensland. The company, within six months after the death of such member, or such further time itS the Commissioners may allow, shall cause to be delivered to the Commis- sioners a return giving the name and address of such member, the date of his death, and the number, descrip": tion, and value of the shares or other interest in the foreign company held by such member at the time of his death,. and shall pay the duty thereon. If any such return is not delivered in accordance with this· subsection, the company making default shall be liable to a penalty not exceeding fifty pounds, and to a daily penalty not exceeding five pounds for every day during which such default continues. Moreover, such duty shall be deemed to be a debt due by the company to His Majesty, and shall be recover- able accordingly in any court of competent jurisdiction.

SUCCESSION. 1918. Succession and Probate Dttties Acts Amendment. Duty under this section shall be paid by the foreign company, at the rate mentioned in the table hereunder set out, on the value of the shares or other intere<st held by the deceased at the time of his death, without any exemption or deduction \vhatsocvel' except as hereinafter provided, and such duty may be recovered by the Commis- sioners from the company as a debt due to His Majesty after the expiration of six months from the death of the deceased or such further time as the Commissioners may have allowed as aforesaid :- Table of Duties. Where the value of the shares or other interest of the deceased- Does not exceed £500 2 per cent. Exceeds £500 but does not exceed £1,000 3 per cent. Exceeds £1,000 but dces not exceed £2,000 4 per cent. Exceeds £2,000 but does not exceed £3,000 5 per cent. Exceeds £3,000 but does not exceed £5,000 6 per cent. Exceeds £5,000 but doea not exceed £7,500 7 pCfr,cent. Exceeds £7,500 but does not exceed £10,000 8 per cent. Exceeds £10,000 bun does ndt exceed £15,000 9 per cent. Exceeds £15,000, 9 per cent., together with an additional one per cent. Oil the total value for every £5,000 or part of £5,000 in excess of £15,000, but so that such rate shall not exceed 15 per cent. Provided that- (i.) No duty shal] be payable by a foreign company under this section where succession dutv has been paid in Queensland in respect df all shares or other interest in the company held by the deceased at the time of his death. (ii.) "",'here a foreign company carries on any busi- ness outside Queensland, such part of the value of the shares or other interest on which duty is payable by the company under this section shall bear the same proportion to the full value of such shares or 'other interest as the assets of the company situated in Queensland bear to the total assets of t.he company. (8.) For the purposes of this se,ction the term " assets" means the gross amount of all the real and personal property of the company of every kind, includ- ing things in action, and without making any deduction in respect of any debts or 'liabilities of the company. K 8587

8588 SUCCESSION. Succession and Probate Duties Acts Amendment. 9 GEO. V. No. 16, When any part of the property of a foreign company consists of ships, such ships shall be deemed to be in Queensland during all the time during which the ships are in Queensland waters, or are passing from one port in Queensland to another port in· Queensland. (9.) Any payment by a foreign company of any duty imposed in respect of shares or other interest in the company held by such deceased member shall be deemed to be a payment on behalf of the personal estate of such member, and may by the company be deducted from any moneys payable by the company to the personal representatives of such member in respect of such shares .or interest, or be recovered by action from such repre- sentatives, and the company shaH have a first and para- mount lien upon such shares or interest for the amount of such payment. (10.) Any other foreign company being the registered holder of shares or other interests in any foreign company which carries on business and has assets in Queensland shall also be deemed to be carrying on business in Queens- land and to ha ve assets therein, and such shares or other interests shall be deemed to be assets of that company situated in Queensland, and that company shall be subject to and required to comply with the provisions of this section. . (11.) Where a foreign company is, before or on or after the first day of October, one thousand nine hundred and seventeen, the registered holder of any shares'or other interests in a company incorporated in Queensland under *" The Oompanies Acts, 1863 to 1913" (herein called the "Queensland Company"), the foreign company shall, for the purposes of this Act, be deemed to be carrying on business in Queensland, and such shares or other interests shall be deemed to be assets of that company situated in Queensland, and that company shall be subject to, and required to comply with, the provisions of this section. The foreign company, within six months or such further time as the Commissioners may allow after the death of any member of such foreign company dying on or after the first day of October, one thousand nine hundred and seventeen, shall, notwithstanding that the foreign company has transferred or otherwise disposed of all or any of its shares or other interests in the Queens- land company sir:ce the death of such member, furnish a * 27 Vic. No. 4 and amending Acts, supra, pages 186 et seq. and 5829.

SUCCESSION. 1918. Succession and Probate Duties Acts Amendment. return relating to the death, containing the particulars :rp.entioned in subsection seven hereof, and shall in addi- . tion thereto furnish the number and value of any shares or other interests held by the foreign company in the Queensland company at the date of such death, and, notwithstanding that the foreign company has transferred or otherwise disposed of all or any of its shares or other interests In the Queensland company since the death of such member, shall pay duty on -the death of such member, on a proportionate part of the value of the shares or other interests so held by the foreign company in the Queensland company, in accordance with the scale in the table set out in subsection seven hereof, namely, in. the proportion that the value of the shares held by such member in the foreign company bears to the total value of the shares issued by the foreign company. The fact that the foreign company is not directly the registered holder of any shares in a Queensland company, but has an interest whether at law or in equity in any shares in a Queensland company through a nominee of or trustee for the foreign company, or is the registered holder of shares or other interests in any other corporation or joint stock company by which any shares in a Queensland company are held, shall not exclude the foreign company from the operation of the provisions of this section or exonerate the estate of the deceased member of the foreign company, or the foreign company, or the Queensland company from liability to the payment of succession duty in respect of the shares in the Queensland company. In the event of any dispute arising between the Commissioners and any person or company from whom such duty is claimed under this subsection as to the value of the deceased's interest as aforesaid on which such duty is payable, or the amount of such duty, the amount of such value and of such duty shall be assessed by the Commissioners, and, subject to the appeal by this Act provided, shall be final and conclusive. No transfer or other dealing with such shares or other interests in a Queensland company so held shall be per- mitted by that company or dividends paid over in respect thereof, upon that company being notified of the death of any member of such foreign company, or being notified by the Commissioners that any duty is payable on the death of a member of such foreign company in respect of such 8589

S590 SUCCESSION. Succession and Probate Duties Amendment. 9 GEO. V. No. 16, 1918. shares or other interests, until a certificate under the hand of the Commissioners that all duty has been paid, or that no duty is payable, has been produced to the Queensland company; and, moreover, the Commissioners shall, to the extent of the duty payable and any interest thereon, have a paramount lien on the shares or other interests held by the foreign company in the Queensland company and the dividends thereon in priority to all other charges, and may recover from the Queensland company such duty and interest in any court of com- petent jurisdiction. Any such payment by the Queensland company of any duty shall be deemed to be a payment for or in respect of such shares held by the foreign company, and the Queensland. company shall have a lien upon such shares or other interests to the amount of such payment, or may recover the same by action from the foreign company. (12.) Any writ or other process issued in pursuance of this Act against any foreign company may be served by being left at the registered office of the company with some person there, or, if there is no registered office or no person is fo~ d at the regist,ered office, by being affixed at the office of the registrar of the court from which the writ or pro~ ess has issued. (13.) The provisions of this section shall be appIicabIe wheresoever the deceased member of the foreign com- pany concerned may have been domiciled at the'date of his death. Saving of 23. Nothing in this Act contained shall be construed euxnedm" rptions to affect prejudicially the exemption from succession 6 Geo. V duty and probate duty provided by *" The Succession and No. 12 Probate Duties Acts Amendment Act of 1915." i' TAX, INCOME. See INOOME TAX. TAX~ LAND. See LAND TAX. TECHNICAL EDUCATION. See EDUCATION. * Infra, page 9041.