New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) In this Act, unless the context or subject-matter otherwise indicates or requires:
"Agreement", in relation to a sale or conveyance of goods, wares or merchandise, includes a memorandum relating to the sale or conveyance of goods, wares or merchandise.
"Appointed day" means the day upon which Part II of the Currency Act 1965 of the Parliament of the Commonwealth of Australia commences.
"Approved form" means the form approved by the Chief Commissioner for the purposes of the provision of this Act or the regulations in relation to which the expression is used.
"Chief Commissioner" means the Chief Commissioner of State Revenue referred to in section 60 of the Taxation Administration Act 1996 .
"Commissioner" means the Commissioner of State Revenue referred to in section 64 of the Taxation Administration Act 1996 .
"Company title dwelling" means a separate dwelling in a building containing more than one separate dwelling situated on land in New South Wales owned or leased by a company in which shares issued by the company are owned by persons who, by virtue of the ownership of their shares, have an exclusive right to occupy a part of the building.
"Complying superannuation fund" means a fund that is a complying superannuation fund for the purposes of Part IX of the Commonwealth Income Tax Assessment Act 1936 in accordance with section 45 of the Commonwealth Superannuation Industry (Supervision) Act 1993 and includes a regulated exempt public sector superannuation scheme within the meaning of section 299W of the Commonwealth Superannuation Industry (Supervision) Act 1993 .
"Corporate debt security" means any debenture, debenture stock, bond or note or other security of a corporation, company or society, any convertible note issued by a company or any convertible note in a unit trust scheme issued by the trustee of a unit trust scheme, or any right thereto, whether constituting a charge on the assets of the corporation, company, society or unit trust scheme or not, and includes any property of a class or description of property prescribed to be a corporate debt security for the purposes of this definition, but does not include any property of a class or description of property prescribed not to be a corporate debt security for the purposes of this definition.
"CUFS" means any interest, issued by or on behalf of CHESS Depositary Nominees Pty Ltd, that provides beneficial ownership in respect of:(a) shares in a corporation incorporated outside Australia, or(b) units in a public unit trust scheme,being shares or units that are quoted on the market operated by Australian Stock Exchange Limited.
"Die" includes any plate, type, tool, machine or implement whatever used (whether or not used for any other purpose) for expressing or denoting any duty or the fact that any duty or fine has been paid or that an instrument is duly stamped or is not chargeable with any duty, and also includes any part of any such plate, type, tool, machine or implement.
"Duly stamped" means stamped in accordance with this Act and the regulations.
"Duty" means the stamp duty for the time being chargeable by law.
"Executed", with reference to instruments under seal, means signed and sealed, and with reference to instruments not under seal means signed.
"Execution", with reference to instruments under seal, means signature and sealing, and with reference to instruments not under seal means signature.
"Forge" and "forged" include counterfeit and counterfeited.
"Instrument" includes every written document.
"IR" means any interest, issued by a trustee in connection with the disposal by the Commonwealth government or the government of a State or Territory of shares, that provides beneficial ownership in respect of shares that are quoted on the market operated by Australian Stock Exchange Limited.
"Land" includes a stratum, being a part of land consisting of a space or layer below, on, or above the surface of the land, or partly below and partly above the surface of the land, defined or definable by reference to improvements or otherwise, whether some of the dimensions of the space or layer are unlimited or whether all the dimensions are limited.
"Marketable security" means:(a) any stock or share of any municipal or other corporation, company or society,(b) any debenture, debenture stock, bond or note or other security of a Government, or any right thereto, whether constituting a charge on the assets of the Government or not, and(b1) any corporate debt security, and(c) any CUFS or IR."Material" includes every sort of material upon which words or figures can be expressed.
"Mining company" means any company, whether a NSW company or not, whose sole business is either or both of the following activities:(a) mining in New South Wales for minerals within the meaning of the Mining Act 1992 or the Offshore Minerals Act 1999 ,(b) prospecting or mining in New South Wales for petroleum within the meaning of the Petroleum (Onshore) Act 1991 ."Minister" means any Minister charged with the administration of this Act.
"Money" includes a bill of exchange and a promissory note and all sums expressed in British or in any foreign or colonial currency.
"Mortgage" includes a security by way of mortgage or charge:(a) for the payment of any definite and certain sum of money advanced or lent at the time or previously due or owing, or forborne to be paid, being payable, and(b) for the repayment of money to be thereafter lent, advanced, or paid, or which may become due upon an account current together with any sum already advanced or due, or without, as the case may be."Motor vehicle" means:(a) a motor vehicle or trailer within the meaning of the Traffic Act 1909 , or(b) a caravan."NSW company" means a company incorporated or taken to be incorporated under the Corporations Law of New South Wales, and includes a body corporate that is incorporated under any other New South Wales Act and that is not a company incorporated or taken to be incorporated under the Corporations Law of another State or a Territory of the Commonwealth.
"Person" includes company, corporation, and society.
"Person primarily liable" in respect of any instrument or matter means the person who comes within the description specified in the column of the Second Schedule hereto headed “persons primarily liable” in respect of such instrument or matter.
"Prescribed" means prescribed by this Act or the regulations.
"Property" includes real and personal property and any estate or interest in any property real or personal, and any debt, and any thing in action, and any other right or interest.
"Public hospital" means:(a) a public hospital under the control of an area health service within the meaning of the Health Services Act 1997 , or(b) a statutory health corporation or affiliated health organisation within the meaning of that Act."Public unit trust scheme" means:(a) a unit trust scheme any of the units of which are listed for quotation on:(i) the Australian Stock Exchange, or(ii) any other stock exchange prescribed for the purposes of this definition, or(b) a unit trust scheme:"Record" means:(i) which is the subject of a deed approved under Division 5 of Part 7.12 of the Corporations Law or a corresponding law,(ii) any of the units of which have been offered to the public, and(iii) in respect of which no fewer than 50 persons hold units.(a) a documentary record, or(b) a record made by an electronic, electromagnetic, photographic or optical process, or(c) any other kind of record."Regulations" means regulations under this Act.
"Stamp" means either a stamp impressed or imprinted by means of a die, an adhesive stamp or an adhesive label.
"Stamped", with reference to instruments and material, applies as well to instruments and material impressed with stamps by means of a die, as to instruments and material having adhesive stamps or adhesive labels affixed thereto.
"Stock" means any share in stocks or funds of any Government or in the capital, stock, or funded debt of any company, corporation or society.
"Superannuation scheme" includes a retirement, provident or benefit scheme.
"Transfer" of shares or rights to shares includes a conveyance of or an agreement to convey shares or rights to shares.
"Unit" in relation to a unit trust scheme, means any right or interest (whether described as a unit or a sub-unit or otherwise) of a beneficiary under the scheme.
"Unit trust scheme" means any arrangements made for the purpose, or having the effect, of providing, for persons having funds available for investment, facilities for the participation by them, as beneficiaries under a trust, in any profits or income arising from the acquisition, holding, management or disposal of any property whatsoever pursuant to that trust.
"Valuer" means a person whose business it is to make valuations of the particular class of property of which a valuation is required.
"Will" includes any testamentary instrument.
"Write", "written", and "writing" include every mode in which words or figures can be expressed upon material.
(3) For the purposes of the definition of "Public unit trust scheme" in subsection (1), units in a unit trust scheme shall be taken to be offered to the public if and only if:(a) an offer is made to the public or to a section of the public to subscribe for or purchase the units, or(b) an invitation is issued to the public or to a section of the public to make offers to subscribe for or purchase the units.