South Australian Consolidated Acts South Australian Consolidated Acts28A—Donor not liable for duty if diminution of his estate occurred
without his knowledge
(1) Notwithstanding
any other provision of this Act, where a gift is made and that gift is a
disposition of property whereby the total estate or the value of the total
estate of the donor of the gift is diminished, the donor shall not be liable
for the payment of gift duty on the gift if the diminution of his total estate
occurred without his knowledge and contrary to his intention or if it occurred
with his knowledge in any case where he took all reasonable and practicable
measures to prevent its occurrence.
(2)
Subsection (1) of this section does not limit or affect the liability of
the donee of the gift for the payment of gift duty on the gift.
(3) Without limiting
the generality of the application of section 52 of this Act, where, in
the opinion of the Commissioner, the value of a gift, as determined for the
purposes of gift duty under this Act, is unreasonable in the circumstances,
the Commissioner may assess by way of composition for the duty so payable,
such sum as the Commissioner thinks proper under the circumstances and may
accept payment of the sum so assessed in full discharge of all claims for such
duty.