(1) This section applies to a stamp duty refund
that, on or after the commencement of this section, the State is required to,
or may, make to a person.
(2) The State must not make the refund unless the
commissioner is satisfied—
(a) the person has not received, and will not
receive, an amount from another person for all or part of the stamp duty paid;
or
(b) if the person has received an amount (the
"amount received" ) from another person for all or part of the stamp duty
paid—the person will reimburse the other person for the amount received.
(3) A court or QCAT must not make an order relating to the refund that is
inconsistent with subsection (2) .
(4) If subsection (2) (b) applies, the
person must—
(a) within 90 days after receiving the refund (the
"relevant period" ), reimburse the other person for the amount received; and
(b) within 7 days after the relevant period, give the commissioner written
notice that the other person has been reimbursed for the amount received.
(5)
Also, if subsection (2) (b) applies and the person does not, within the
relevant period, reimburse the other person for the amount received, the
person must, within 7 days after the relevant period—
(a) give the
commissioner written notice that the other person was not reimbursed for the
amount received; and
(b) pay the commissioner the amount received plus
interest at the rate of 10% a year calculated from the date the refund was
made to the date the amount received is paid to the commissioner.
Penalty—
Maximum penalty—50 penalty units.
(6) An amount payable
under subsection (5) (b) is a debt payable by the person to the State.
(7) In
this section—
"stamp duty" means stamp duty paid, or purportedly paid, under the repealed
Act, whether or not under a mistake of law or fact.
