Australian Capital Territory Stamp Duty Amendment Act 1981

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No. 124 of 1981

An Act to amend the Australian Capital Territory Stamp Duty Act 1969

[Assented to 30 September 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Australian Capital Territory Stamp Duty Amendment Act 1981.

(2) The Australian Capital Territory Stamp Duty Act 19691 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall be deemed to have come into operation on 19 August 1981.

3. Section 5 of the Principal Act is repealed and the following section is substituted:

Amount of stamp duty

“5. The amount of stamp duty on an instrument included in a class of instruments specified in column 2 of Schedule 1 is the amount set out in, or

calculated in the manner set out in, column 3 of that Schedule opposite to the reference to that class of instruments.”.

Amendments of First Schedule

4. The First Schedule to the Principal Act is amended—

(a) by omitting from Item 1 “5 cents” and substituting “10 cents per instrument”;

(b) by omitting from Item 2 “5 cents” and substituting “10 cents per instrument”; and

“4 Transfer, or an agreement for a transfer, of an estate in fee simple in land situated in the Territory	(a) $1.25 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that does not exceed $14,000;
	(b) $1.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $14,000 but does not exceed $30,000;
	(c) $1.75 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $30,000 but does not exceed $50,000;
	(d) $2.00 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $50,000 but does not exceed $100,000;
	(e) $2.25 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $100,000 but does not exceed $250,000; and
	(f) $2.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $250,000
5 Transfer, or an agreement for a transfer, of a Crown lease for a term exceeding 5 years of land situated in the Territory	(a) $1.25 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that does not exceed $14,000;
	(b) $1.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $14,000 but does not exceed $30,000;
	(c) $1.75 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $30,000 but does not exceed $50,000;

	(d) $2.00 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $50,000 but does not exceed $100,000;
	(e) $2.25 for every. $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $100,000 but does not exceed $250,000; and
	(f) $2.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $250,000
6 Lease of land situated in the Territory	35 cents for every $100, and for any fractional part of $100, of the total amount or value of the consideration by way of rent for the term of the lease specified in the lease plus—
	(a) $ 1.25 for every $ 100, and for any fractional part of $100, of the part of the total amount or value of any consideration (not being rent) given or agreed to be given in respect of the lease that does not exceed $14,000;
	(b) $ 1.50 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration (not being rent) given or agreed to be given in respect of the lease that exceeds $14,000 but does not exceed $30,000;
	(c) $1.75 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration (not being rent) given or agreed to be given in respect of the lease that exceeds $30,000 but does not exceed $50,000;
	(d) $2.00 for every $ 100, and for any fractional part of $100, of the part of the total amount or value of any consideration (not being rent) given or agreed to be given in respect of the lease that exceeds $50,000 but does not exceed $100,000;
	(e) $2.25 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration (not being rent) given or agreed to be given in respect of the lease that exceeds $100,000 but does not exceed $250,000; and
	(f) $2.50 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration (not being rent) given or agreed to be given in respect of the lease that exceeds $250,000
7 Transfer or assignment, or an agreement for a transfer or assignment, of a lease, other than a Crown lease for a term exceeding 5 years, of land situated in the Territory	(a) $1.25 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that does not exceed $14,000:
	(b) $1.50 for every $100, and for any fractional part of $ 100, of the part of the total amount or value of any consideration given or agreed to

	be given in respect of the transfer or assignment that exceeds $14,000 but does not exceed $30,000;
	(c) $1.75 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $30,000 but does not exceed $50,000;
	(d) $2.00 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $50,000 but does not exceed $100,000;
	(e) $2.25 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $100,000 but does not exceed $250,000; and
	(f) $2.50 for every $100, and for any fractional part of $ 100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $250,000”.

Application of amendments

5. (1) The amendments made by sections 3 and 4 have effect in relation to—

(a) a cheque drawn or made on or after the day on which this Act comes into operation;

(b) a bill of exchange or promissory note (not being a cheque), other than a bill of exchange or promissory note that, before the day on which this Act comes into operation, has been duly stamped by reason of its drawing, making, presentment for payment or negotiation; and

(c) an instrument (not being a bill of exchange or promissory note) executed on or after the day on which this Act comes into operation.

(2) For the purposes of sub-section (1)—

(a) where a cheque is dated, the cheque shall, unless the contrary is shown, be deemed to have been drawn or made on that date; and

(b) an instrument (not being a bill of exchange or promissory note) shall be deemed to have been executed on the date on which the last party to the instrument appears to have executed it.

Formal amendments

6. The Principal Act is amended as set out in the Schedule to this Act.

—————

SCHEDULE Section 6

FORMAL AMENDMENTS

Provision Amended	Omit	Substitute
Section 4......................	“the First Schedule to this Act”	“Schedule 1”
Section 6......................	“the Second Schedule to this Act”	“Schedule 2”
Section 7......................	“Five cents” (wherever occurring)	“5 cents”
	“two”.....................	“2”
First Schedule..................	“FIRST SCHEDULE”.........	“SCHEDULE 1”
	“RATES OF STAMP DUTY”....	“AMOUNT OF STAMP DUTY”
	“First Column”..............	“Column 1”
	“Second Column”............	“Column 2”
	“Third Column”..............	“Column 3”
	“Rate of Stamp Duty”..........	“Amount of Stamp Duty”
	“1¼ per centum”.............	“1¼%”
Second Schedule................	“SECOND SCHEDULE”.......	“SCHEDULE 2”

NOTE

1. No. 48, 1969, as amended. For previous amendments, see Nos. 68 and 94, 1972 and No. 216, 1973.

Overview

The Australian Capital Territory Stamp Duty Amendment Act 1981 (No. 124 of 1981) was enacted to update and revise the stamp duty rates and categories as stipulated in the Australian Capital Territory Stamp Duty Act 1969. The Act was introduced to address the need for more precise and graduated stamp duty rates for various types of land transactions within the Australian Capital Territory. The Australian Capital Territory Stamp Duty Amendment Act 1981 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. The policy objective of the Act was to provide clearer guidelines for stamp duty rates applicable to different classes of instruments, ensuring fairness and consistency in the tax applied to land transactions within the territory. This amendment Act primarily serves to repeal and replace specific sections of the Principal Act to reflect updated rates and classifications. It introduces a graduated scale of stamp duty rates for transfers of estates in fee simple, Crown leases, leases, and other land-related transfers. The amendments aim to provide a more detailed and progressive structure for stamp duty, addressing the need for a more nuanced approach to taxing various land transactions.

Scope and Application

The Australian Capital Territory Stamp Duty Amendment Act 1981 amends the Australian Capital Territory Stamp Duty Act 1969 to revise the stamp duty rates on various instruments, specifically cheques, bills of exchange, promissory notes, and other instruments executed within the territory. The Act applies to any cheques drawn, bills of exchange or promissory notes made, and other instruments executed on or after the Act's commencement date of 19 August 1981. It also applies retroactively to any instruments that have not yet been duly stamped before the Act came into effect. The revised stamp duty rates are detailed in the Act's First Schedule, which updates the rates for different classes of instruments and introduces new rates for certain types of transfers and leases of land within the Australian Capital Territory. The Act does not explicitly state any exclusions or exemptions, but the application of the new rates is contingent on the instruments being executed or drawn after the commencement date. The application of the Act is confined to the Australian Capital Territory, and it does not extend to other jurisdictions.

Key Provisions

The Australian Capital Territory Stamp Duty Amendment Act 1981 (sections 3 and 4) amends the Australian Capital Territory Stamp Duty Act 1969 by modifying the rates of stamp duty and the application of those rates to various classes of instruments. Specifically, section 3 of the Amendment Act repeals and substitutes section 5 of the Principal Act, which concerns the amount of stamp duty. It specifies that the amount of stamp duty on an instrument is determined by the amount set out in, or calculated in the manner set out in, column 3 of Schedule 1 opposite the reference to the class of instruments. Schedule 1 has been amended to change the rates of stamp duty for various types of transactions, including the transfer of an estate in fee simple in land, transfer of a Crown lease for a term exceeding 5 years, lease of land, and transfer or assignment of a lease, among others. The Amendment Act imposes obligations on parties involved in specified transactions within the Australian Capital Territory. For example, it requires that the stamp duty be calculated according to the new rates specified in Schedule 1 and that the appropriate stamp duty be paid on instruments such as cheques, bills of exchange, promissory notes, and other instruments executed on or after the day on which this Act comes into operation. Additionally, the Act mandates that formal amendments be made to the Principal Act, including changes in terminology and references to schedules. The Amendment Act does not explicitly outline specific offences, penalties, or civil or criminal consequences for breaches. However, non-compliance with stamp duty requirements, such as failing to pay the correct amount of stamp duty on the specified instruments, could result in legal consequences under the broader provisions of the Australian Capital Territory Stamp Duty Act 1969 or other relevant legislation. These consequences might include fines, interest on unpaid duty, and potential legal actions for recovery of the duty owed. The penalties for non-compliance would typically be determined by the applicable law in force at the time of the breach.

Area of Law: Taxation Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Amendments of First Schedule; Reporting & Disclosure Obligations; Regulatory Standards

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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