STAMP DUTIES ACT 1923 TABLE OF PROVISIONS PART 1--Preliminary provisions Division 1--Short title 1. Short title Division 2--Interpretative provisions 2. Interpretation 3. Taxation Administration Act Division 3--Territorial application of Act 3A. Principles for determining territorial relationship 3B. Territorial application of Act 3C. Special rules for determining location of certain forms of intangible property 3D. Statutory licence PART 2--General provisions with respect to stamp duties 4. Imposition of stamp duties 6. Denotation of duty 7. Distribution of stamps, commission etc 8. Stamps to be provided 11. Appropriate stamp to be used 13. How instruments to be stamped 14. Instruments to be separately charged 15A. Ascertainment of value of property 16. Duty in force when instrument produced for stamping to apply 17. Duty payable in respect of instruments conditionally executed 18. Duty on other instruments 19A. Certain copies dutiable 20. Time for payment of duty and stamping 21. Admissibility of unstamped instruments in evidence 22. Except as aforesaid no unstamped instrument to be received in evidence 23. Assessments and stamping of instruments 27. No instrument to be enrolled or registered unless stamped PART 3--Special provisions with respect to certain stamp duties Division 1--Agreements 30. When agreement comprised of several letters 31. Certain contracts to be chargeable as conveyances on sale 31A. Duty on agreements for "walk in walk out" sales of land used for primary production Division 2--Rental business 31B. Interpretation 31C. Jurisdictional nexus 31D. Obligation to be registered 31E. Registration 31F. Lodgement of statement and payment of duty 31H. Manner of denoting duty on statement 31I. Matter not to be included in statement 31K. Calculation by other methods 31L. Passing on a rental duty 31M. Ascertainment and disclosure of place of use of goods 31N. Repeal of Division Division 3--Annual licences 32. Interpretation 33. Annual licence required for insurance business 34. Application for annual licence 35. Issuing and term of annual licence 36. Monthly returns in respect of general insurance business 36A. Duty if annual licence application or monthly return not lodged as required 37. Denoting of duty 38. Duty payable on acquisition of insurance business 42AA. Duty in respect of policies effected outside South Australia 42AB. Insurers not required to be licensed Division 4--Application for motor vehicle registration 42A. Interpretation 42B. Duty on applications for motor vehicle registration or transfer of registration 42BA. Concessional rate of duty on some applications to transfer registration 42C. Refund of duty where vehicle returned or registration or transfer in error 42CA. Refund of duty on eligibility for reduced fee 42D. Taxation Administration Act and functions of Registrar 42E. Regulations Division 6--Conveyances and conveyances on sale 60. Interpretation 60A. Value of property conveyed or transferred 60B. Refund of duty where transaction is rescinded or annulled 60C. Refund of duty on reconveyance of property subject to a common law mortgage 61. Method or estimating value of consideration where consideration consists of shares 62. Land use entitlements 64. Consideration in case of lease 65. Where consideration consists of real or personal property 66. Where consideration is payable in instalments 67. Computation of duty where instruments are interrelated 68. Duty in certain cases 70. Evasion of duty 71. Instruments chargeable as conveyances 71AA. Instruments disclaiming etc an interest in the estate of a deceased person 71A. Provision where trust property distributed in specie 71B. Partition or division of property 71C. Concessional rates of duty in respect of purchase of first home etc 71CA. Exemption from duty in respect of Family Law instruments 71CB. Exemption from duty in respect of certain transfers between spouses etc or former spouses etc 71CBA. Exemption from duty in respect of domestic partnership agreements or property adjustment orders 71CC. Interfamilial transfer of farming property 71CD. Duty on conveyances by Official Trustee etc 71D. Concessional duty to encourage resource exploration activity 71DA. Duty on certain conveyances between superannuation funds etc Division 7--Gaming machine surcharge 71EA. Interpretation 71EB. Direct interests 71EC. Related entities 71ED. Indirect interests 71EE. Notional interests 71EF. Application of this Division 71EG. Imposition of surcharge 71EH. Exempt transactions 71EI. Notice of transaction to which this Division applies 71EJ. Recovery of duty Division 8--Transactions effected without creating dutiable instrument 71E. Transactions otherwise than by dutiable instrument 71F. Statutory transfers Division 10--Mortgages 76. Interpretation 77. Where mortgage consists of several instruments 78. Security for stock, how to be charged 79. Mortgage securing future and contingent liabilities 80. Security for repayment by periodical payments, how to be charged 81. Transfers and further charges 81B. Duty chargeable proportioned to value of South Australian property 81C. Duty paid on one mortgage may be denoted as having been paid on another mortgage 82. Unregistered mortgages protected by caveats 82A. Repeal of Division PART 3A--Special provisions relating to financial products 83. Interpretation 84. Share buy-back 85. Exempt transactions 86. Financial products liable to duty 87. Proclaimed countries 88. Transfer of financial products not to be registered unless duly stamped PART 4--Land rich entities Division 1--Preliminary 91. Interpretation 91A. Land assets 92. Direct interests 92A. Related entities 92B. Indirect interests 93. Notional interest in assets of related entity Division 2--Land rich entity 94. Land rich entity Division 3--Dutiable transactions 95. General principle of liability to duty 95A. Aggregation of interests 95B. Primary production entities 96. Value of notional interest acquired as a result of dutiable transaction 97. Calculation of duty Division 4--Payment and recovery of duty 98. Acquisition statement 99. Recovery from entity Division 5--Miscellaneous 100. Valuation of interest under contract or option to purchase land 101. Exempt transactions 102. Multiple incidences of duty PART 4A--Abolition of various duties Division 1--Abolition of duty on rental business 103. Abolition of duty on rental business (1 July 2009) Division 2--Abolition of duty on mortgages 104. Abolition of duty on mortgages (1 July 2009) PART 5--Miscellaneous provisions 106. Spoiled or unused stamps 107. Transfer of property to correct error 108. Penalties for certain offences 111. Remedy for misappropriation 112. Regulations 114. Exemption from stamp duty SCHEDULE 1--Transitional provisions SCHEDULE 2--Stamp duties and exemptions Legislative history STAMP DUTIES ACT 1923 - LONG TITLE An Act relating to stamp duties. STAMP DUTIES ACT 1923 - SECT 1 1--Short title This Act may be cited as the Stamp Duties Act 1923. STAMP DUTIES ACT 1923 - SECT 2 2--Interpretation (1) In this Act, unless it is otherwise provided or there is something in the context repugnant thereto-- "approved form" means a form approved by the Commissioner; "assessment" means an assessment or reassessment by the Commissioner under Part 3 of the Taxation Administration Act 1996, and "assess" and "assessed" have corresponding meanings; "beneficial interest" means an equitable interest or an interest vested both at law and in equity in the holder of the interest and includes a potential beneficial interest; "business of primary production" means the business of agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming, dairy farming, forestry or any other business consisting of the cultivation of soils, the gathering in of crops, the rearing of livestock or the propagation and harvesting of fish or other aquatic organisms; "Commissioner" means the person appointed or acting as the Commissioner of State Taxation, and includes a person appointed or acting as a Deputy Commissioner of State Taxation (see Part 9 of the Taxation Administration Act 1996); "die" means die or other machine or implement used for impressing or imprinting stamps upon documents; "discretionary trust" means an arrangement, however made, under which a person holds property, and the beneficial interest in all or any part of that property may be vested in a person (in this Act referred to as an "object" of the discretionary trust) on the exercise of a discretion, whether subject to any other contingency or not and whether the exercise of the discretion is obligatory or optional; "domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; "duty" means duty charged under this Act, and includes penalty tax and interest payable under Part 5 of the Taxation Administration Act 1996 in relation to duty under this Act; "executed" and "execution", with reference to instruments not under seal, mean signed and signature; "financial product" means-- (a) any stock, share or other similar security of a corporation (including a government, semi-government or municipal corporation), company or society; or (b) any debenture, debenture stock, bond, note or other similar security of a corporation (including a government, semi-government or municipal corporation), company or society (whether constituting a charge on the assets of the corporation, company or society or not); or (c) any interest in a managed investment scheme registered under Chapter 5C of the Corporations Act 2001 of the Commonwealth; or (f) any other stock, security or interest brought within the ambit of this definition by the regulations, and includes a right in respect of a financial product but does not include any stock, security or interest excluded from the ambit of this definition by the regulations; "forge" includes counterfeit; "GST" means the tax payable under the GST law; "GST law" means-- (a) A New Tax System (Goods and Services Tax) Act 1999 (Cwth); and (b) the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services; "impressed stamp" means-- (a) a stamp impressed or imprinted by means of a die; or (b) a record imprinted or made by means of any machine or implement, under the direction of the Commissioner in pursuance of this Act; "instrument" includes every written document; "intellectual property" includes-- (a) a registered patent, circuit layout, or design; (b) a right under the Plant Breeder's Rights Act 1994 (Cwth); (c) a trade mark; (d) a copyright; "interest" in property means a legal or equitable interest and includes a potential, contingent, expectant or inchoate interest; "jurisdiction" means-- (a) a State or Territory of Australia; or (b) a country or place subject to the laws of a particular legislative authority; "material" means any sort of material upon which words or figures can be expressed; "money" includes all sums expressed in Australian or foreign currency; "potential beneficial interest" means the rights, expectancies or possibilities of an object of a discretionary trust in, or in relation to, property subject to the discretionary trust; "property" means real or personal property and includes-- (a) intellectual property (except know-how and confidential information); and (b) an interest in property; "recognised financial market" means-- (a) a financial market operated by the Australian Stock Exchange Limited; or (b) a financial market of a stock exchange brought within the ambit of this definition by the regulations; "records" means records of any kind (whether in documentary or other form); "rent" includes an amount (however it may be described in a lease) to be paid by a lessee to a lessor to reimburse, offset or defray the lessor's liability to GST; "right in respect of a financial product" means a right, whether actual, prospective or contingent, of any person to have issued to him or her a financial product, whether or not on payment of any money or other consideration for the financial product; "sale" of property includes any transaction under which the property is converted into money; "spouse"--a person is the spouse of another if they are legally married; "stamp" means an impressed stamp; "stamped" means bearing an impressed stamp; "State" includes the Australian Capital Territory and the Northern Territory; "stock" means any share in the stocks or funds of any State or government, or in the capital stock or funded debt of any company, corporation or society (whether incorporated under a law of this or any other State, a law of the Commonwealth, or a law of any other place); "transfer", in relation to property, means transfer, assure or vest at law or in equity (whether or not the transfer, assurance or vesting is subject to registration, the issue of a certificate of title or some other similar requirement); "unit" in relation to a unit trust scheme means a right or interest (however described) of a beneficiary under a unit trust scheme; "unit trust scheme" means an arrangement 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 subject to the trust; "write", "written" and "writing" include every mode in which words or figures can be expressed upon material. (2) An interest of a particular kind in the proceeds of the sale of property is, until the property is sold, taken to be an interest of the same kind in the property. Example-- A beneficial interest in the proceeds of the sale of property is, until the property is sold, taken to be a beneficial interest in the property. (3) A person is taken to transfer a leasehold or other interest in land held from the Crown if the person surrenders the interest so that the Crown may grant to a person other than the surrenderor a leasehold or other interest in the land. STAMP DUTIES ACT 1923 - SECT 3 3--Taxation Administration Act This Act should be read together with the Taxation Administration Act 1996 which makes provision for the administration and enforcement of this Act and other taxation laws. STAMP DUTIES ACT 1923 - SECT 3A 3A--Principles for determining territorial relationship (1) An instrument relates to property situated in a particular jurisdiction if it-- (a) creates, transfers, redeems, renounces, surrenders, cancels or extinguishes an interest in property situated in the relevant jurisdiction; or (b) deals with an interest in property situated in the relevant jurisdiction in any other way; or (c) acknowledges, evidences or records a transaction to which paragraph (a) or (b) refers. (2) A potential, contingent, expectant or other inchoate interest is to be regarded as an interest in property in a particular jurisdiction if the realisation of the potentiality, contingency or expectancy, or the occurrence of any act or event necessary to perfect the interest could result in-- (a) an interest in property situated in that jurisdiction; or (b) an interest in the proceeds of the sale of property situated in that jurisdiction. (3) For the purpose of calculating duty on an instrument that relates to a potential, contingent, expectant or other inchoate interest-- (a) the interest is to be treated as an actual interest ie as if the potentiality, contingency or expectancy had been realised or anything necessary to perfect the interest had occurred; and (b) if the interest is dependent in any way on the exercise of a discretion or any other contingency, it will be presumed that the discretion has been exercised, or the contingency has been realised, so as to give rise to the greatest possible liability to duty in this State. (4) An interest in property is taken to be situated in the jurisdiction in which the property to which the interest relates is situated. STAMP DUTIES ACT 1923 - SECT 3B 3B--Territorial application of Act (1) This Act applies in respect of an instrument that relates to property situated, or a matter or thing to be done, in South Australia irrespective of whether-- (a) the instrument is within or outside South Australia; or (b) the instrument was executed within or outside South Australia. (2) If an instrument relates to property situated in part in South Australia and in part outside South Australia, duty is to be calculated as if the instrument related only to the property situated in South Australia. (3) This section operates subject to any other specific provision dealing with how duty is to be calculated on an instrument that relates to property within and outside South Australia.1 Note-- 1 Section 81B deals with the duty payable on a mortgage over property within and outside the State. STAMP DUTIES ACT 1923 - SECT 3C 3C--Special rules for determining location of certain forms of intangible property (1) This section applies to intangible property of the following kinds-- (a) business or product goodwill; (b) intellectual property (except know-how and confidential information); (c) rights conferred under a franchise agreement or licence (including a statutory licence granted under the law of the Commonwealth but not a statutory licence granted under the law of the State). (2) If intangible property to which this section applies is a business asset, it is taken to be wholly situated in South Australia if the business is carried on wholly in South Australia and, if not, is taken to be situated in the various jurisdictions in which the business is carried on in proportion to the volume of business carried on in each. (3) The Commissioner is to determine proportions for the purposes of subsection (2) having regard to-- (a) the turnover of the business; and (b) the relative extent of income generated by the business in each jurisdiction in which the business is carried on; and (c) the relative extent of the work carried on in each of the relevant jurisdictions; and (d) any other relevant factors. (4) If intangible property to which this section applies is not a business asset, it is taken to be situated in the jurisdiction in which the owner-- (a) if a company-- (i) in the case of a company incorporated or taken to be incorporated under the Corporations Act 2001 of the Commonwealth--is taken, under that Act, to be registered; (ii) in any other case--is incorporated; or (b) if a natural person--is ordinarily resident. STAMP DUTIES ACT 1923 - SECT 3D 3D--Statutory licence The property in a statutory licence granted under the law of South Australia, and in any rights deriving from such a licence, is taken to be situated in South Australia. STAMP DUTIES ACT 1923 - SECT 4 4--Imposition of stamp duties (1) Subject to the exemptions contained in Schedule 2 and the other provisions of this Act, the stamp duties specified in that Schedule are charged in respect of the instruments specified in that Schedule. (2) The parties who executed an instrument are jointly and severally liable to pay the duty charged in respect of the instrument. STAMP DUTIES ACT 1923 - SECT 6 6--Denotation of duty (1) Subject to any express provision to the contrary, the payment of duty on an instrument is to be denoted on the instrument by an impressed stamp. STAMP DUTIES ACT 1923 - SECT 7 7--Distribution of stamps, commission etc (1) The Governor may appoint any person a distributor of stamps. (2) Any such distributor may be remunerated by a commission upon the value of stamps purchased for disposal by him, or by salary, or by any other allowance, and upon the sale of stamps to any such distributor such discount may be allowed as may be authorised by regulations made under this Act. STAMP DUTIES ACT 1923 - SECT 8 8--Stamps to be provided The Treasurer shall, for denoting the several duties chargeable under this Act, provide such stamps or dies as may be required for the purposes of this Act, and may do any other act which may be necessary for effectually collecting the duties. STAMP DUTIES ACT 1923 - SECT 11 11--Appropriate stamp to be used (1) A stamp which, by any word or words on the face of it, is appropriated to any particular description of instrument shall not be used for any instrument of another description. (2) An instrument falling under the particular description to which any stamp is so appropriated shall not be deemed duly stamped unless it is stamped with the stamp so appropriated. STAMP DUTIES ACT 1923 - SECT 13 13--How instruments to be stamped (1) Every instrument written upon stamped material shall be written in such manner, and every instrument partly or wholly written before being stamped shall be so stamped, that the stamp may appear on the face of the instrument and cannot be used for, or applied to, any other instrument written upon the same piece of material. (2) If more than one instrument is written upon the same piece of material, each one of those instruments shall be separately and distinctly stamped with the duty with which it is chargeable. STAMP DUTIES ACT 1923 - SECT 14 14--Instruments to be separately charged Except where express provision is made to the contrary-- (a) any instrument containing or relating to several distinct matters shall be separately and distinctly charged with duty in respect of each of such matters as if the portion of the instrument containing or relating to each such matter were a separate instrument; (b) any instrument made for any consideration in respect of which it is chargeable with ad valorem duty, and also for any further or other valuable consideration, shall, in addition to being charged with ad valorem duty, be charged with duty in respect of the last mentioned consideration as if it were an instrument made only for that consideration. STAMP DUTIES ACT 1923 - SECT 15A 15A--Ascertainment of value of property (1) If the value of property is to be ascertained by reference to an actual or notional cost of acquisition, any component of the cost of acquisition that is referable to GST payable on its sale or supply is to be regarded as a component of its value. (2) In ascertaining the value of property for the purpose of assessing ad valorem duty on an instrument, the existence of an overriding power of revocation or reconveyance in that or any other instrument may be disregarded. STAMP DUTIES ACT 1923 - SECT 16 16--Duty in force when instrument produced for stamping to apply Subject to this Act, the duty chargeable upon any instrument shall be calculated according to the rates in force at the time when the instrument is produced to the Commissioner for the purpose of being stamped. STAMP DUTIES ACT 1923 - SECT 17 17--Duty payable in respect of instruments conditionally executed (1) Subject to subsection (2), an instrument that is executed conditionally by one or more parties is liable to duty as if it had been executed unconditionally. (2) If-- (a) duty is paid on or in respect of an instrument that was executed conditionally by one or more of the parties; (b) the Commissioner is satisfied that, by reason of non-fulfilment of the condition, or recall of the execution, the instrument will never come into force, the Commissioner will, on application by a party who paid the duty and production of the instrument, cancel any stamp on the instrument and refund the amount of the duty paid. STAMP DUTIES ACT 1923 - SECT 18 18--Duty on other instruments Where the duty with which any instrument is chargeable depends in any manner upon the duty paid upon another instrument, the payment of the last mentioned duty may, on production of both the instruments, be denoted in such manner as the Commissioner thinks fit upon the first mentioned instrument. STAMP DUTIES ACT 1923 - SECT 19A 19A--Certain copies dutiable (1) Notwithstanding any other provision of this Act, but subject to subsection (2), where an original instrument chargeable with duty under this Act has not been duly stamped or has been destroyed without being duly stamped, any copy of the instrument shall, for the purposes of this Act, be chargeable with duty as if it were the original and be deemed to have been executed by the person or persons who executed the original at the same time as the original was executed. (2) Where an original instrument or a copy of an instrument is duly stamped under this Act, the Commissioner shall, upon application and production of that original or copy, stamp any copy or further copy or the original, as the case may be, with a particular stamp denoting that it is duly stamped. (3) In this section-- "copy" includes-- (a) a duplicate or counterpart of an original instrument; or (b) an instrument that acknowledges, evidences or records the existence or terms of an original instrument; or (c) an instrument that acknowledges, evidences or records the transaction or a part of the transaction to which an original instrument relates or related. STAMP DUTIES ACT 1923 - SECT 20 20--Time for payment of duty and stamping (1) Subject to any express provision to the contrary, if an instrument is chargeable with duty, the duty must be paid and the instrument stamped-- (a) in the case of an instrument executed in South Australia--within two months after its execution; or (b) in the case of an instrument executed outside South Australia--within two months after its receipt in South Australia or within six months after its execution, whichever period first expires. (2) If duty or further duty becomes chargeable on an instrument in consequence of an event occurring after its execution, the duty must be paid and the instrument stamped within two months after that event. (3) The payment in relation to an instrument of any penalty tax or interest under Part 5 of the Taxation Administration Act 1996 must be denoted on the instrument by a particular stamp. (4) If an instrument that is chargeable with stamp duty is not produced to the Commissioner for stamping within the period prescribed by this section, any person who executed the instrument, or on whose behalf it was executed, is guilty of an offence. Maximum penalty: $10 000. (5) Subsection (4) does not apply in relation to an instrument that has been duly stamped in some other manner authorised by this Act within the relevant period. (6) It is a defence to a charge against subsection (4) to prove that the defendant delivered the instrument or had it delivered into the possession of some other party, or an agent for some other party, to the instrument in the reasonable expectation that the other party would have it stamped. (7) The commission of an offence against subsection (4) does not affect the validity of the instrument in relation to which the offence was committed. STAMP DUTIES ACT 1923 - SECT 21 21--Admissibility of unstamped instruments in evidence Upon the production of any instrument chargeable with duty as evidence in any civil proceedings in any part of South Australia, the officer whose duty it is to read the instrument shall call the attention of the presiding judge, special magistrate or justices to any omission or insufficiency of the stamp thereon. STAMP DUTIES ACT 1923 - SECT 22 22--Except as aforesaid no unstamped instrument to be received in evidence No instrument chargeable with duty executed in any part of South Australia, or relating, wherever it was executed, to any property situated, or to any matter or thing done or to be done, in any part of South Australia, shall, except in criminal proceedings, be pleaded or given in evidence, or admitted to be good, useful or available at law or in equity, unless duly stamped. STAMP DUTIES ACT 1923 - SECT 23 23--Assessments and stamping of instruments (1) If the result of an assessment relating to an instrument is that the instrument is not chargeable with duty, the instrument may be stamped by the Commissioner with a particular stamp denoting that it is not chargeable with duty. (2) If the result of an assessment relating to an instrument is that the instrument is chargeable with duty or further duty, the instrument is, on payment of any duty or further duty payable in respect of the instrument, to be stamped or further stamped in accordance with the assessment, and, when so stamped, may also be stamped by the Commissioner with a particular stamp denoting that it is duly stamped. (3) If the result of an assessment relating to a stamped instrument is that duty or further duty is chargeable in respect of the instrument, the instrument is, from the date of the assessment until the duty or further duty is paid and the instrument is further stamped, to be taken to be insufficiently stamped, and this subsection applies despite the fact that the instrument has already been stamped, whether under this section or another provision of this Act, with a particular stamp denoting that it is not chargeable with duty or that it is duly stamped. (4) Every instrument stamped with the particular stamp denoting either that it is not chargeable with duty or that it is duly stamped shall, subject to subsection (3), be admissible in evidence and shall be available for all purposes, notwithstanding any objection relating to duty. (5) An instrument on which duty has been assessed by the Commissioner cannot be stamped except in accordance with that assessment unless the Commissioner reassesses duty on the instrument. STAMP DUTIES ACT 1923 - SECT 27 27--No instrument to be enrolled or registered unless stamped No person whose office it is to enrol, register or enter in or upon any rolls, books or records any instrument chargeable with any duty, or the memorial of any instrument chargeable with any duty, shall enrol, register or enter any such an instrument or memorial unless the instrument is duly stamped. STAMP DUTIES ACT 1923 - SECT 30 30--When agreement comprised of several letters In any case where an agreement is constituted by two or more letters, the agreement and all the letters shall be deemed to be duly stamped if any one of the letters is duly stamped with the duty payable upon the agreement. STAMP DUTIES ACT 1923 - SECT 31 31--Certain contracts to be chargeable as conveyances on sale (1) Any contract or agreement in writing for the sale of any estate or interest in any property (including goods, wares and merchandise not being goods, wares and merchandise agreed to be sold in the ordinary course of trade by a party whose business is or includes the sale of such goods, wares and merchandise) except-- (a) property which cannot vest in the purchaser except upon registration of a conveyance; or (c) stock or financial products or shares in the stock, funds or capital of any corporation, company or society, shall be charged with the same ad valorem duty as if it were an actual conveyance on sale of the estate or interest contracted or agreed to be sold. (2) Where duty has been duly paid on a contract or agreement in accordance with subsection (1), any conveyance made to the purchaser in pursuance of the contract or agreement shall not be chargeable with any duty, and the Commissioner, upon application and upon the production of the contract or agreement duly stamped, shall stamp the conveyance with a particular stamp denoting that it is duly stamped. (3) For the purposes of this section, a receipt for the payment, in pursuance of any contract or agreement, of any purchase money shall, in the absence of any further or other instrument being or evidencing the contract or agreement, be charged with ad valorem duty. (4) If any such contract or agreement as is mentioned in subsection (1) is afterwards rescinded or annulled, or for any other reason is not substantially performed or carried into effect so as to operate as, or to be followed by, a conveyance, the person who paid the ad valorem duty upon the contract or agreement shall be deemed to be possessed of stamped material rendered useless by being inadvertently spoiled, within the meaning of section 106, and the provisions of that section shall apply accordingly. (5) This section shall not apply to, or in respect of, any hire-purchase agreement within the meaning of this Act. STAMP DUTIES ACT 1923 - SECT 31A 31A--Duty on agreements for "walk in walk out" sales of land used for primary production Notwithstanding section 31, if-- (a) a contract or agreement in writing provides for the sale as a going concern of land used wholly or mainly for the business of primary production, together with stock, implements and other chattels held or used in connection therewith; and (b) the contract or agreement sets out separately the consideration payable for the land and the consideration payable for stock, implements or other chattels; and (c) the Commissioner certifies in writing on the contract or agreement that he is of the opinion that the consideration specified as being payable for the land represents the value of that land, then the contract or agreement in writing shall be chargeable with stamp duty as if it related solely to the land mentioned therein and not to the stock, implements and other chattels. Note-- No liability to duty arises in relation to an amount received in respect of rental business after 30 June 2009--see Part 4A Division 1. STAMP DUTIES ACT 1923 - SECT 31B 31B--Interpretation In this Division, unless the contrary intention appears-- "bailee" means a person who has, or is entitled to, possession of goods under a contractual or non-contractual bailment; "bailment plan" means an arrangement under which-- (a) a financier provides financial accommodation for a business carried on by a trader; and (b) the financier retains or acquires title to a trading stock as security for the financial accommodation provided; and (c) the trader has possession of the trading stock by virtue of a contractual or non-contractual bailment; "bailor" means a person who confers a right to possession of goods on another under a contractual or non-contractual bailment; "contractual bailment" means a contract or agreement under which a person who owns, or is entitled to the possession of, goods confers on another a right to possession or use of the goods, and includes a hire-purchase agreement, but does not include a contract or agreement conferring a right to the possession or use of goods, or providing for the sale of goods, incidentally to a lease of, or licence to occupy, or the sale of, land; "corresponding law" means a law of the Commonwealth or of another State or of a Territory that imposes duty of a similar nature to the duty imposed under this Division in respect of rental business or hiring arrangements; "dutiable rental business" means rental business consisting of one or more of the following-- (a) conferring rights to the possession or use of goods under a contractual bailment to which this Division applies; (b) guaranteeing the obligations of the bailee under a contractual bailment to which this Division applies; (c) acquiring the rights of the bailor under a contractual bailment to which this Division applies; (d) providing financial accommodation under a bailment plan where the trading stock is situated in South Australia; (e) guaranteeing the obligations of the bailee under a bailment plan where the trading stock is situated in South Australia; "equipment financing arrangement" means-- (a) a hire purchase agreement; or (b) a contractual bailment for a term of not less than 9 months under which the final payment is not required to be made earlier than 8 months after the agreement is entered into; "goods" includes all chattels personal and any fixture severable from the realty, but does not include money, livestock , things in action or books; "hire-purchase agreement" means-- (a) a contract or agreement for the letting of goods with an option to purchase the goods; or (b) a contract or agreement for the sale of goods by instalments (whether the contract or agreement describes the instalments as rent or hire or otherwise), but does not include a contract or agreement under which property in the goods passes on or before delivery of the goods; "registered" means registered under section 31E; "related corporation", in relation to a corporation, means a corporation that is related to the first-mentioned corporation under section 50 of the Corporations Act 2001 of the Commonwealth; "rental business" means-- (a) the business of conferring rights to the possession or use of goods under a contractual bailment; or (b) the business of acquiring the rights of the bailor under a contractual bailment; or (c) the business of providing financial accommodation under a bailment plan; or (d) the business of guaranteeing the obligations of a bailee under a contractual bailment or a bailment plan, but does not include business of a class exempted by regulation from the ambit of this definition. STAMP DUTIES ACT 1923 - SECT 31C 31C--Jurisdictional nexus (1) This Division applies to a contractual bailment if-- (a) the goods are, or are to be, used solely or predominantly in South Australia; or (b) the goods are delivered to the bailee in South Australia and-- (i) they are to be used outside Australia; or (ii) they are not to be used solely in any one Australian State and it is not possible to determine which Australian State is to be the jurisdiction of predominant use. (2) If a motor vehicle is taken on hire under an equipment financing arrangement, and the motor vehicle is, or is to be, registered under the law of a State, the State in which the motor vehicle is registered will be taken to be the jurisdiction of its predominant use. STAMP DUTIES ACT 1923 - SECT 31D 31D--Obligation to be registered (1) A person who carries on rental business consisting of or involving dutiable rental business must be registered. Maximum penalty: $10 000. (2) The section applies-- (a) irrespective of where the rental business is transacted; and (b) whether or not the person is resident, or has a place of business, within the State. STAMP DUTIES ACT 1923 - SECT 31E 31E--Registration (1) The Commissioner shall register any person who applies in the approved form for registration under this section. (2) A registered person who is no longer required to be registered may, by notice in the approved form given to the Commissioner, cancel his registration under this section. STAMP DUTIES ACT 1923 - SECT 31F 31F--Lodgement of statement and payment of duty (1) A person who is, or ought to be, registered must, not later than the 21st day of each month-- (a) lodge with the Commissioner a statement in the approved form setting out-- (i) the total amount received during the previous month in respect of dutiable rental business; and (ii) the amount representing the component referable to equipment financing arrangements entered into before 1 October 2003 (the "old equipment financing component); and (iii) the amount representing the component referable to equipment financing arrangements entered into on or after 1 October 2003 but before 1 July 2007 ("new equipment financing component No 1"); and (iv) the amount representing the component referable to equipment financing arrangements entered into on or after 1 July 2007 but before 1 July 2008 ("new equipment financing component No 2"); and (v) the amount representing the component referable to equipment financing arrangements entered into on or after 1 July 2008 but before 1 July 2009 ("new equipment financing component No 3"); and (vi) the amount representing the component referable to other kinds of rental business based on contracts entered into before 1 July 2007 ("general rental business component No 1"); and (vii) the amount representing the component referable to other kinds of rental business based on contracts entered into on or after 1 July 2007 but before 1 July 2008 ("general rental business component No 2); and (viii) the amount representing the component referable to other kinds of rental business based on contracts entered into on or after 1 July 2008 but before 1 July 2009 ("general rental business component No 3); and Exception-- The statement need not include amounts received in respect of hire purchase agreements entered into before 1 January 2003. (b) pay to the Commissioner duty equivalent to the aggregate of-- (i) 1.8% of the old equipment financing component; and (ii) 0.75% of new equipment financing component No 1; and (iii) 0.5% of new equipment financing component No 2; and (iv) 0.25% of new equipment financing component No 3; and (v) if general rental business component No 1 exceeds a fraction of $6 000 calculated by dividing general rental business component No 1 by the aggregate of the general rental business components--1.8% of the amount of the excess; and (vi) if general rental business component No 2 exceeds a fraction of $6 000 calculated by dividing general rental business component No 2 by the aggregate of the general rental business components--1.2% of the amount of the excess; and (vii) if general business component No 3 exceeds a fraction of $6 000 calculated by dividing general rental business component No 3 by the aggregate of the general rental business components--0.6% of the amount of the excess. (2) The amount to be disclosed in respect of dutiable rental business or a particular component of dutiable rental business under subsection (1)-- (a) is to include amounts received for services incidental or related to the business or the relevant component of the business; but (b) is not to include amounts received to reimburse, offset or defray liability to GST. Exception-- If an equipment financing arrangement (or a collateral agreement) provides that the financier is to be responsible for servicing the goods-- (a) the cost of servicing, if separately charged, need not be disclosed and is not liable to duty; or (b) if the cost of servicing is not separately charged, a proportion of the consideration received by the financier that the Commissioner considers properly referable to servicing the goods, need not be disclosed and is not liable to duty. (3) If the Commissioner is satisfied, on application in the approved form by a registered person, that the total on which duty is to be calculated for the ensuing 12 months is likely to be less than $120 000, the Commissioner may permit the person to lodge statements and pay duty on an annual basis. (4) A person must comply with any conditions on which the Commissioner grants permission under subsection (3). Maximum penalty: $10 000. (5) The Commissioner may, at any time, revoke a permission granted under subsection (3) for breach of a condition or any other proper reason. STAMP DUTIES ACT 1923 - SECT 31H 31H--Manner of denoting duty on statement The duty paid by a person on a statement lodged with the Commissioner under section 31F shall be denoted by cash register imprint on the statement or in such other manner approved by the Auditor-General as is notified by the Commissioner in the Gazette. STAMP DUTIES ACT 1923 - SECT 31I 31I--Matter not to be included in statement (1) Nothing contained in section 31F shall require a person to include in a statement required by that section to be lodged with the Commissioner any amount in respect of-- (a) a transaction entered into by the person in the course of any business carried on by the person as a pawnbroker; or (b) the sale of any goods (other than under a hire-purchase agreement or where there is an agreement, arrangement or understanding that the person to whom the goods are sold may, at a later time, sell the goods back to the first mentioned person); or (c) business transacted by a registered person in respect of which the registered person has paid duty under a corresponding law if the Commissioner is satisfied, on application by the registered person, that-- (i) the duty paid under the corresponding law is not less than would be applicable under this Act; and (ii) it would be reasonable to allow the person the benefit of this subsection in respect of that business; or (g) the grant, by a corporation to a related corporation, of the right to the use of goods beneficially owned by that first mentioned corporation. (1a) If-- (a) a registered person, in respect of any period for which duty is payable under this Division in respect of his or her rental business, pays duty in respect of the same business (including business that involves a hiring arrangement) under a corresponding law; and (b) the duty paid under the corresponding law is less than would be applicable under this Act; and (c) the Commissioner is satisfied, on application made to the Commissioner by the registered person in a manner and form determined by the Commissioner, that it would be reasonable to allow a deduction to be made under this subsection, the registered person is entitled to a deduction from the amount of duty that would, apart from this subsection, be payable, the amount of the deduction being equal to the amount of duty paid in respect of the same business under that corresponding law for the corresponding period. (1b) The Commissioner may, in making a decision on an application under subsection (1)(c)(ii) or (1a)(c), take into account any of the following: (b) the extent to which the business to which the application relates is connected with the place where the corresponding law applies; (c) the extent (if any) to which it appears to the Commissioner that the registered person has arranged or structured his or her business to avoid the payment of duty under this Division, and may take into account such other matters (whether similar or dissimilar to those referred to above) as the Commissioner thinks fit. (1c) Where a person receives in excess of $6 000 per month for or in relation to the use of goods under a contractual bailment (other than an equipment financing arrangement) that provides for the person to be responsible for the servicing of those goods, the person may deduct from the excess, on account of the cost of servicing those goods-- (a) an amount not exceeding 40 per centum of the excess or such higher proportion of the excess as is fixed by the Commissioner, on the application of the person, in respect of particular goods where, in the opinion of the Commissioner, the higher proportion is properly attributable to the cost of servicing the goods; or (b) the actual cost of servicing the goods, whichever is the lesser. STAMP DUTIES ACT 1923 - SECT 31K 31K--Calculation by other methods (1) Where the Commissioner is satisfied that-- (a) it is not reasonably practicable to calculate precisely any amount which is to be set out in the statement of any registered person required to be lodged under section 31F, he may agree to accept from that person statements in which that amount is calculated in such a manner or on such a basis as he thinks fit; or (b) in the circumstances of a particular case, it is not reasonable to require statements to be lodged by the registered person in each month, he may agree to accept statements at such times and relating to such periods as he thinks fit. (2) Where, pursuant to subsection (1), the Commissioner agrees to accept from a registered person a statement-- (a) in which an amount is calculated in a manner or on a basis different from that required under section 31F; or (b) at a time, or relating to a period, otherwise than in accordance with that section, the registered person shall, at the time of lodging that statement with the Commissioner, pay to the Commissioner the amount of duty that would be payable on that statement if it were lodged by him with the Commissioner in accordance with that section. (3) The Commissioner may, by notice in writing served on a registered person, cancel any agreement made pursuant to subsection (1) and, upon the day specified in the notice as the day on which the agreement is cancelled, that agreement shall have no further force or effect in relation to that registered person. STAMP DUTIES ACT 1923 - SECT 31L 31L--Passing on a rental duty (1) Subject to this section, a registered person or any person acting on his behalf shall not add the amount of any duty or of any part of the duty payable by the registered person as such under this Act to any amount payable by any other person with whom he has entered into or is conducting any rental business, whether by agreement or otherwise, or otherwise demand or recover or seek to recover any such first mentioned amount from that other person. Maximum penalty: $250. Expiation fee: $80. (2) In the event of a contravention of subsection (1)-- (a) the court by which the defendant is convicted shall, in addition to imposing a penalty for the offence, order the defendant to refund to the other person referred to in that subsection any such amount which has been paid by that other person; or (b) the other person referred to in that subsection may recover any such amount from the registered person, or person to whom he paid it, by action in a court of competent jurisdiction as if it were a debt due to him from that person. (3) The Governor may by proclamation-- (a) exempt a class of transactions from the application of this section; or (b) vary or revoke any such exemption. STAMP DUTIES ACT 1923 - SECT 31M 31M--Ascertainment and disclosure of place of use of goods (1) A person who carries on a rental business may rely on a statement of the person who takes goods on hire as to where the goods will be solely or predominantly used during the course of the hire or, in the case of a motor vehicle, where the motor vehicle will be registered, unless the person knows that the statement is false. (2) A person who carries on a rental business is not bound to inquire as to any change in the place of use of the goods or, in the case of a motor vehicle, the place of registration. (3) If the Commissioner finds that insufficient duty has been paid, the failure to pay the correct amount of duty does not constitute a tax default under the Taxation Administration Act 1996 if-- (a) the failure to pay the correct amount of duty results from reliance on information on which the person liable for the duty was entitled to rely under this section; and (b) the correct amount of duty is paid within 3 months after the issue of a notice of assessment of the duty by the Commissioner. (4) A person who falsely represents that the goods that the person takes, or proposes to take, on hire will be used solely or predominantly outside South Australia, is guilty of an offence. Maximum penalty: $10 000. STAMP DUTIES ACT 1923 - SECT 31N 31N--Repeal of Division (1) After 1 July 2009, the Governor may, by proclamation, fix a date for the repeal of this Division. (2) On the date fixed under subsection (1), this Division (including this section) is repealed. STAMP DUTIES ACT 1923 - SECT 32 32--Interpretation In this Act-- "assurance or insurance business" means and includes-- (a) the granting or issuing of any life, personal accident, fire, fidelity, guarantee, livestock, plate glass, marine or other assurance or insurance policies; or (b) the acceptance, either directly or indirectly, of any premium, renewal premium or consideration for, or in respect of, the granting or issuing or keeping alive or in force of any life, personal accident, fire, fidelity, guarantee, livestock, plate glass, marine or other policy; or (c) the receiving of any letter or declaration of interest attaching to any life, personal accident, fire, marine or other policy issued in South Australia or elsewhere; or (d) the carrying out, by means of assurance or insurance effected out of South Australia, of any written, verbal or implied contract or undertaking to effect assurance or insurance; "company" includes corporation and society, whether corporate or unincorporate; "firm of persons" includes any association of underwriters carrying on marine assurance or insurance business through a managing underwriter solely; "general insurance business" means any assurance or insurance business not relating to life insurance policies; "life insurance policy" does not include a policy covering personal accident or workers compensation or a policy complying with Part 4 of the Motor Vehicles Act 1959; "policy" includes any instrument in the nature of a policy, an open policy, an insurance cover or any instrument in any manner covering any assurance or insurance; "premium" means any amount paid or payable for assurance or insurance and includes-- (a) an amount charged to a policy holder to reimburse, offset or defray the insurer's liability for GST in respect of the assurance or insurance; (b) a levy charged to a policy holder; (c) an instalment of premium. STAMP DUTIES ACT 1923 - SECT 33 33--Annual licence required for insurance business A company, person or firm of persons must not carry on any assurance or insurance business in any year in South Australia, whether the head office or principal place of business of that company, person or firm is in South Australia or elsewhere, unless the company, person or firm has taken out an annual licence for that year in a form determined by the Commissioner. Maximum penalty: $10 000. STAMP DUTIES ACT 1923 - SECT 34 34--Application for annual licence (1) A company, person or firm of persons requiring an annual licence must make a written application to the Commissioner in a manner and form determined by the Commissioner and supported by such evidence as the Commissioner may require. (2) Any information or statement contained in the application must be verified by statutory declaration made-- (a) where the applicant is a natural person--by that person; or (b) where the applicant is a firm--by a member of the firm; or (c) where the applicant is a company--by a member of the board or committee of management of the company; or (d) in any case--by a person authorised by the applicant and approved by the Commissioner. (3) A company, person or firm of persons that applies for an annual licence must, at the time of lodging the application, pay to the Commissioner the duty (if any) payable under Schedule 2 on the annual licence application. STAMP DUTIES ACT 1923 - SECT 35 35--Issuing and term of annual licence (1) The Commissioner is authorised to issue an annual licence on payment of the duty (if any) payable on the annual licence application. (2) An annual licence comes into force on the date specified in the licence (which may be a date earlier than the date of issue of the licence) and remains in force until 31 December of the year in which it is issued. STAMP DUTIES ACT 1923 - SECT 36 36--Monthly returns in respect of general insurance business (1) A company, person or firm of persons that carries on general insurance business in South Australia, whether the head office or principal place of business of that company, person or firm is in South Australia or elsewhere, must lodge with the Commissioner a return in a form determined by the Commissioner, supported by such evidence as the Commissioner may require, not later than the fifteenth day of the month following each month in which the company, person or firm carries on such business. (2) Any information or statement contained in a monthly return must be verified by statutory declaration in the same way as is required for an application for an annual licence. (3) A company, person or firm of persons that lodges a monthly return must, at the time of lodging the monthly return, pay to the Commissioner the duty (if any) payable under Schedule 2 on the monthly return. STAMP DUTIES ACT 1923 - SECT 36A 36A--Duty if annual licence application or monthly return not lodged as required A company, person or firm that does not lodge an application for an annual licence, or does not lodge a monthly return, as required under this Act is nevertheless liable to pay duty to the Commissioner as if the company, person or firm had lodged the application or return required under this Act immediately before the end of the period allowed for such lodgment. STAMP DUTIES ACT 1923 - SECT 37 37--Denoting of duty The duty paid on an annual licence application or a monthly return must be denoted by cash register imprint on the licence or return. STAMP DUTIES ACT 1923 - SECT 38 38--Duty payable on acquisition of insurance business Where a company, person or firm of persons acquires contractual rights and obligations of, or in connection with, the assurance or insurance business of some other company, person or firm, the acquiring company, person or firm is liable to pay to the Commissioner the amount of any unpaid duty in respect of premiums received or in any manner charged in account (whether directly or by agents) by the other company, person or firm after the end of the period in respect of which such duty was last paid by the other company, person or firm as if the acquiring company, person or firm had received or charged in account those premiums. STAMP DUTIES ACT 1923 - SECT 42AA 42AA--Duty in respect of policies effected outside South Australia (1) Every company, person or firm of persons which is not required to take out an annual licence under section 33 and which obtains, effects or renews, outside South Australia, a policy of assurance or insurance wholly or partly in respect of any property in South Australia, or any risk, contingency or event occurring in South Australia, shall, within one month of obtaining, effecting or renewing that policy, lodge with the Commissioner a return in the approved form containing such particulars of that policy and such other information as may be prescribed or as the Commissioner may in any particular case require. (2) The Commissioner may allow a rebate of the duty payable on that proportion of any premium which is, in his opinion, properly attributable to the assurance or insurance of any property outside South Australia or any risk, contingency or event occurring outside South Australia. (3) The person lodging such a return shall, upon lodgment, pay to the Commissioner the duty payable thereon, which shall be denoted by cash register imprint on the receipt issued therefor. (4) A company, person or firm that does not lodge a return as required under this section is nevertheless liable to pay duty to the Commissioner as if the company, person or firm had lodged the return required under this section immediately before the end of the period allowed for such lodgement. (5) Subsection (1) does not apply to any policy of life assurance. STAMP DUTIES ACT 1923 - SECT 42AB 42AB--Insurers not required to be licensed (1) The Commissioner may enter into an agreement with an insurer who is not required to take out an annual licence under this Act under which-- (a) the Commissioner approves the insurer for the purposes of this section; and (b) the insurer undertakes to pay duty as if the insurer were required to be licensed and were in fact licensed under this Act. (2) A party to an agreement under this section may, by notice in writing to the other party, terminate the agreement at any time. (3) Where an insurer is neither required to be licensed under this Act nor approved under this section, a person who pays a premium to the insurer shall, within 21 days after the end of the month in which the premium was paid-- (a) furnish a return to the Commissioner stating the amount of premium; and (b) pay stamp duty calculated by reference to the amount of the premium and the appropriate rate prescribed by Schedule 2 in relation to annual licence applications. (4) This section does not apply in relation to a levy paid under the Workers Rehabilitation and Compensation Act 1986. (5) In this section-- "insurer" means a person, firm or company that carries on assurance or insurance business in the State. STAMP DUTIES ACT 1923 - SECT 42A 42A--Interpretation (1) In this Act-- "applicant" means a person by or on whose behalf an application to register a motor vehicle or an application to transfer the registration of a motor vehicle is made; "application to register a motor vehicle" means an application to register a motor vehicle made under the Motor Vehicles Act 1959 and includes an application so made to renew the registration of a motor vehicle; "application to transfer the registration of a motor vehicle" means an application to transfer the registration of a motor vehicle made under the provisions of the Motor Vehicles Act 1959; "commercial motor vehicle" has the same meaning as in the Motor Vehicles Act 1959; "dealer" means a person licensed as a dealer under the Second-hand Motor Vehicles Act 1983; "list price" means-- (a) for a motor vehicle--the price (inclusive of GST) fixed by the manufacturer, importer or principal distributor as the retail selling price in the State of a motor vehicle of the relevant make and model; (b) for optional equipment--the additional price (inclusive of GST) so fixed if the vehicle is to be sold with the optional equipment; "market value", in relation to a motor vehicle, means the amount (inclusive of GST) for which the motor vehicle might reasonably be sold, free of encumbrances, in the open market; "motor vehicle" and "trailer" have the same meanings as those expressions respectively have in the Motor Vehicles Act 1959; "new motor vehicle" means a motor vehicle not previously registered in this State or elsewhere; "optional equipment", in relation to a motor vehicle for which there is a list price, means equipment or a feature of the vehicle that is not covered by that list price, being-- (a) a particular kind of transmission; or (b) power steering; or (c) any other prescribed equipment or feature; "policy of insurance" means a policy of insurance under Part 4 of the Motor Vehicles Act 1959; "primary producer" has the same meaning as in the Motor Vehicles Act 1959; "second-hand motor vehicle" means a motor vehicle previously registered in this State or elsewhere. (2) For the purposes of this Act, if an applicant for registration, or transfer of registration, of a motor vehicle makes the application by a means of electronic communication approved by the Registrar of Motor Vehicles, the electronic communication is taken to be an instrument executed by the applicant and is chargeable with duty as an application for registration, or transfer of registration, of a motor vehicle (as appropriate). STAMP DUTIES ACT 1923 - SECT 42B 42B--Duty on applications for motor vehicle registration or transfer of registration (1) For the purposes of this Act, the value of a motor vehicle is-- (a) in the case of an application to register a new motor vehicle for which there is a list price-- (i) if the motor vehicle has no optional equipment, the list price of the vehicle; or (ii) if the motor vehicle has optional equipment, the list price of the motor vehicle plus the list price or, if there is no list price, the actual price (inclusive of GST) of the equipment; or (b) in the case of an application to transfer the registration of a second-hand motor vehicle upon sale of the vehicle, the consideration for the sale or the market value of the motor vehicle, whichever is the higher; or (c) in any other case, the market value (inclusive of GST) of the motor vehicle. (1a) An applicant for registration, or transfer of registration, of a motor vehicle must state in the application the value of the motor vehicle as at the date of the application. (1b) If the Commissioner is not satisfied that the amount stated as the value of a motor vehicle in an application for registration, or transfer of registration, of the vehicle reflects the market value of the vehicle, the Commissioner may cause a valuation of the vehicle to be made by a person appointed by the Commissioner and may assess the duty payable by reference to the valuation. (1c) The Commissioner may, having regard to the merits of the case, charge the whole or part of the expenses of, or incidental to, the making of a valuation under subsection (1b) to the person liable to pay the duty and may recover the amount charged as a debt due to the Crown. (1d) The amount of stamp duty-- (a) payable upon an application to register a motor vehicle shall be an amount calculated by the addition of-- (i) the amount prescribed by Schedule 2 as the component payable in respect of registration; and (ii) the amount prescribed by Schedule 2 as the component payable in respect of a policy of insurance; or (b) payable upon an application to transfer the registration of a motor vehicle shall be the amount prescribed by Schedule 2 as the component payable in respect of registration and, in the case of such an application, no additional component shall be payable in respect of a policy of insurance. (2) The amount payable upon an application in accordance with subsection (1d) shall be paid by the applicant to the Registrar of Motor Vehicles at the time of making the application. (2a) The total amount paid (including stamp duty and any registration fee or premium payable under the Motor Vehicles Act 1959)-- (a) on an application to register a motor vehicle shall be denoted by impressed stamp or cash register imprint, or by both, on the certificate or interim certificate of registration relating to that motor vehicle issued by the Registrar or on such form or forms as may be approved by the Commissioner; and (b) on an application to transfer the registration of a motor vehicle shall be denoted by impressed stamp or cash register imprint, or by both, on such form or forms as may be approved by the Commissioner. (2b) Section 6 does not apply in relation to an application to register a motor vehicle or an application to transfer the registration of a motor vehicle. (3) The Registrar of Motor Vehicles shall furnish the Commissioner, at least once in every month, with a statement showing details of amounts received by him as stamp duty on applications to register, and to transfer the registration of, motor vehicles, and showing separately the amounts so received upon applications to register motor vehicles in respect of policies of insurance, and shall pay all amounts of stamp duty received by him to the Treasurer who shall-- (a) place to the credit of the General Revenue-- (i) all amounts representing the stamp duty received by the Registrar on applications to register motor vehicles except amounts paid upon such applications in respect of policies of insurance; and (ii) all amounts representing the stamp duty received by the Registrar upon applications to transfer the registration of motor vehicles; and (b) place to the credit of the Hospitals Fund kept at the Treasury all amounts representing stamp duty received by the Registrar upon applications in respect of policies of insurance. (4) A person who does not lodge an application to register a motor vehicle, or transfer the registration of a motor vehicle, as required is nevertheless liable to pay duty to the Commissioner as if the person had lodged the required application immediately before the end of the period allowed for making such an application. (5) If a person drives a motor vehicle on a road without registration in contravention of the Motor Vehicles Act 1959, the person is to be taken to have been required by this Act to lodge an application to register the vehicle not later than the day preceding the day on which the vehicle is so driven on a road. (6) A person is to be taken to be required by this Act to lodge an application to transfer the registration of a motor vehicle within the period within which such an application is required to be made under the Motor Vehicles Act 1959. (7) The Commissioner or the Registrar of Motor Vehicles may require an applicant who claims to be entitled to an exemption from, or reduction in, stamp duty under this Act-- (a) to state that fact on the application; and (b) to provide such information as the Commissioner or Registrar may require for the purpose of determining the applicant's claim. STAMP DUTIES ACT 1923 - SECT 42BA 42BA--Concessional rate of duty on some applications to transfer registration (1) The amount of duty payable on an application to transfer the registration of a motor vehicle where a person who is a registered owner of the motor vehicle immediately before the registration is transferred will continue to be a registered owner of the motor vehicle immediately after the registration is transferred is calculated as follows: where-- "D" is the amount of duty payable "A" is the amount of duty that would be payable apart from this section "B" is the number of persons that the application seeks to add to, or remove from, the register as owners of the motor vehicle, whichever is the greater "C" is-- (a) the number of persons who are registered owners of the motor vehicle immediately before the registration is transferred; or (b) the number of persons who will be registered owners of the motor vehicle immediately after the registration is transferred, whichever is the greater. (2) This section does not derogate from any other provision conferring an exemption under this Act. (3) This section applies to applications executed after its commencement. STAMP DUTIES ACT 1923 - SECT 42C 42C--Refund of duty where vehicle returned or registration or transfer in error If, on application, the Commissioner is satisfied, in relation to the registration, or transfer of the registration, of a motor vehicle-- (a) that, within three months after the registration or transfer, the vehicle was returned by the applicant to the person from whom it was acquired and accepted by that person; or (b) that the registration or transfer was made in error, the Commissioner may refund the duty paid in respect of the application for the registration or transfer. STAMP DUTIES ACT 1923 - SECT 42CA 42CA--Refund of duty on eligibility for reduced fee If, on application, the Commissioner is satisfied, in relation to the registration of a motor vehicle, that the owner of the vehicle has become entitled to an exemption from, or reduction of, registration fees payable under the Motor Vehicles Act 1959 at any time during the period for which the vehicle is registered, the Commissioner has a discretion to refund to the owner of the vehicle such part of the component of the duty paid under section 42B(1d) on the application for the registration of the vehicle in respect of a policy of insurance as the Commissioner thinks just in the circumstances. STAMP DUTIES ACT 1923 - SECT 42D 42D--Taxation Administration Act and functions of Registrar The Taxation Administration Act 1996 applies in relation to-- (a) the payment of money to the Registrar of Motor Vehicles as duty under this Act; and (b) the performance of functions by the Registrar under this Act or the Motor Vehicles Act 1959 in relation to duty under this Act, as if the Registrar were the Commissioner. STAMP DUTIES ACT 1923 - SECT 42E 42E--Regulations In addition to any power by any other section conferred on the Governor to make regulations as to any matter, the Governor may make any regulations which may be necessary or convenient for carrying out any of the provisions of sections 42A, 42B, 42BA, 42C, 42D and this section or for better effecting the objects of those sections and in particular (without limiting the effect of this section) for prescribing exemptions additional to or in substitution for or repealing or varying any of the exemptions to clause 2 of Schedule 2. STAMP DUTIES ACT 1923 - SECT 60 60--Interpretation In this Act-- "conveyance" includes-- (a) every conveyance, assignment, transfer or declaration of trust and every application under the Real Property Act 1886 or the Community Titles Act 1996; and (b) every decree or order of any court, judge or commissioner; and (c) every other application or request of any kind; and (d) every other assurance or instrument of any kind, by which or by virtue of which or by the operation of which, whether upon registration or otherwise, or by the issue of a certificate of title in pursuance of which, any real or personal property or any estate or interest in any such property is assured to, or vested in, any person, and "to convey has a meaning coextensive with the meaning of "conveyance", as extended by this section; "conveyance on sale" includes-- (a) every conveyance, assignment, transfer or application under the Real Property Act 1886; and (b) every decree or order of any court, judge or commissioner; and (c) every other application or request of any kind; and (d) every other assurance or instrument, by which or by virtue of which any real or personal property, upon the sale thereof, is legally or equitably transferred to, or vested in, the purchaser or any other person on his behalf or by his direction, and also includes-- (e) every application for a foreclosure order under the Real Property Act 1886; and (f) every lease for which any consideration other than the rent reserved may be paid or agreed to be paid (but only so far as such consideration is concerned). STAMP DUTIES ACT 1923 - SECT 60A 60A--Value of property conveyed or transferred (1) Subject to subsection (2), a reference in this Act (other than in Part 4) to the value of property conveyed or transferred is a reference to the market value of the property-- (a) in the case of a conveyance on sale--as at the date of the sale; or (b) in any other case--as at the date of the conveyance, assuming, in either case, that the property had, at that date, been free from any encumbrances. (2) In the case of a conveyance on sale, the Commissioner may treat the consideration for the sale as being the value of the property conveyed or transferred unless it appears to the Commissioner that the consideration may be less than the value of the property as referred to in subsection (1). (3) Where no evidence of the value of property conveyed or transferred, or comprising or forming part of the consideration for a conveyance, is furnished to the Commissioner, or the evidence so furnished is, in his opinion, unsatisfactory, the Commissioner may cause a valuation of the property to be made by some person appointed by him and may assess the duty payable by reference to that valuation. (4) The Commissioner may, having regard to the merits of the case, charge the whole or a part of the expenses of, or incidental to, the making of a valuation pursuant to subsection (3) to the person liable to pay the duty and may recover the amount so charged from him as a debt due to the Crown. (4a) Where an interest, agreement or arrangement (granted or made on or after 7 January 1997) in respect of property has the effect of reducing the value of the property, the Commissioner may, for the purposes of assessing the duty payable on a conveyance of the property, disregard the existence of the interest, agreement or arrangement unless a person liable to pay the duty satisfies the Commissioner that the interest, agreement or arrangement-- (a) was granted or made for a purpose other than reducing the value of the property; and (b) was not granted or made in favour of the transferee or a person related to the transferee. (4b) Where an estate or interest conveyed or transferred merges with an estate or interest already held by the transferee (the latter having been acquired by the transferee on or after 7 January 1997), the Commissioner may, for the purposes of assessing the duty payable on the conveyance, treat the value of the estate or interest conveyed or transferred as being-- (a) where the instrument creating the estate or interest already held was charged with ad valorem duty as a conveyance--the value of the estate or interest produced by the merger less the value of the estate or interest already held; or (b) in any other case--the value of the estate or interest produced by the merger. (5) In subsection (1)-- "encumbrance" does not include a prescribed encumbrance or an encumbrance of a prescribed kind. (6) For the purposes of subsection (4a) (but subject to subsection (7))-- (a) natural persons are related persons if-- (i) they are members of a partnership within the meaning of the Partnership Act 1891; or (ii) one is the spouse or domestic partner of the other or the relationship between them is that of parent and child; and (b) companies are related persons if they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; and (c) trustees are related persons if any person is a beneficiary common to the trusts of which they are trustees; and (d) a natural person and a company are related persons if the natural person is a majority shareholder, director or secretary in or of the company or in or of another company that is a related body corporate of the company within the meaning of the Corporations Act 2001 of the Commonwealth; and (e) a natural person and a trustee are related persons if the natural person is a beneficiary of the trust of which the trustee is a trustee; and (f) a company and a trustee are related persons if-- (i) the company, or a majority shareholder, director or secretary in or of the company, is a beneficiary of the trust of which the trustee is a trustee; or (ii) a related body corporate of the company (within the meaning of the Corporations Act 2001 of the Commonwealth) is a beneficiary of the trust of which the trustee is a trustee. (7) For the purposes of subsection (4a), persons are not related persons if the Commissioner is satisfied that the persons were not acting together to achieve a common purpose. (8) In subsection (6)-- "majority shareholder", in relation to a company, means a person who would have a substantial shareholding in the company as defined in section 9 of the Corporations Act 2001 of the Commonwealth if the reference to 5% in paragraph (a) of the definition of "substantial holding in that section were replaced by a reference at 50%. STAMP DUTIES ACT 1923 - SECT 60B 60B--Refund of duty where transaction is rescinded or annulled (1) Where a party to an instrument of a kind that is registrable under the Real Property Act 1886 satisfies the Commissioner, upon application made to him not later than 5 years after execution of the instrument-- (a) that he has paid duty upon the instrument; and (b) that the transaction in respect of which the instrument was executed has been frustrated or avoided or has miscarried through failure of a party to comply with a condition, the applicant shall be deemed to be possessed of stamped material rendered useless by being inadvertently spoiled within the meaning of section 106, and the provisions of that section shall apply accordingly. STAMP DUTIES ACT 1923 - SECT 60C 60C--Refund of duty on reconveyance of property subject to a common law mortgage (1) If-- (a) ad valorem duty is paid on a conveyance of property (the "prior conveyance"); and (b) the sole purpose of the conveyance is to secure a liability under a loan, indemnity or guarantee; and (c) a conveyance (the "later conveyance") reconveys the property to the person by whom the security was given under the terms of the security or on extinguishment or termination of the secured liability, this section applies to the later conveyance. (2) If the Commissioner is satisfied that a conveyance is one to which this section applies-- (a) no stamp duty is payable on the conveyance; and (b) the Commissioner must, on application by the person to whom the property is reconveyed, refund the duty paid on the prior conveyance. STAMP DUTIES ACT 1923 - SECT 61 61--Method or estimating value of consideration where consideration consists of shares Where the consideration or part of the consideration for a conveyance chargeable with ad valorem duty consists of shares or debentures to be issued by a company, or a contract to issue such shares or debentures, the market value of the shares or debentures shall be taken as the value of the consideration or part. STAMP DUTIES ACT 1923 - SECT 62 62--Land use entitlements (1) This section applies to a transaction under which a person-- (a) acquires a share in a company or an interest under a trust; or (b) becomes entitled, as the owner of a share in a company or an interest under a trust, to the possession of land. (2) Subject to the following exceptions, if a person acquires a notional interest in land as a result of a transaction to which this section applies, the transaction is dutiable under this section. Exceptions-- 1 The acquisition of a share in a company or an interest under a trust that confers a right to occupy a dwelling is not dutiable under this section if the dwelling is part of a scheme consisting of two or more dwellings owned and administered by the company or the trustees of the trust. 2 The acquisition of a share in a company or an interest under a trust that confers a right to occupy a dwelling is not dutiable under this section if the dwelling is part of a retirement village scheme under the Retirement Villages Act 1987. 3 A transaction exempted by the regulations from this section is not dutiable under this section. (3) An instrument that gives effect to, or acknowledges, evidences or records a transaction that is dutiable under this section is dutiable as a conveyance of a notional interest in the land. (4) The value of the notional interest acquired as a result of the transaction is determined as follows-- (a) if the person acquires a right to exclusive possession of land--the value of the notional interest is equivalent to the value of an unencumbered estate in fee simple in the land; (b) in any other case--the value of the notional interest is a proportion of the value of an unencumbered estate in fee simple in the land reflecting the more limited extent of the possessory right. STAMP DUTIES ACT 1923 - SECT 64 64--Consideration in case of lease In the case of a lease for which any consideration other than the rent reserved may be paid or agreed to be paid, the amount of the other consideration shall be deemed the consideration for the conveyance on sale. STAMP DUTIES ACT 1923 - SECT 65 65--Where consideration consists of real or personal property Where the consideration or any part of the consideration for a conveyance on sale consists of any real or personal property other than money, the market value of the real or personal property at the date of the sale shall be taken as the value of the consideration or part of the consideration. STAMP DUTIES ACT 1923 - SECT 66 66--Where consideration is payable in instalments Where the consideration or any part of the consideration for a conveyance on sale consists of money payable periodically for a definite period, so that the total amount to be paid can be previously ascertained, the total amount shall be taken as the consideration or part of the consideration. STAMP DUTIES ACT 1923 - SECT 67 67--Computation of duty where instruments are interrelated (1) Subject to subsection (2), this section applies to the following instruments: (a) a conveyance on sale; or (b) a conveyance operating as a voluntary disposition inter vivos; or (c) an instrument chargeable with duty as if it were a conveyance (including a statement under section 71E). (2) This section does not apply to the following instruments: (a) a conveyance that relates to property that is being conveyed in separate parcels to different persons by separate conveyances where the Commissioner is satisfied that no arrangement or understanding exists between the persons under which the parcels of property conveyed are to be used otherwise than separately and independently from each other; (b) a conveyance of stock, implements or other chattels in a case where section 31A applies; (c) a conveyance on sale of any financial product; (d) an instrument excluded from the operation of this section by the regulations. (3) Where two or more instruments to which this section applies-- (a) arise from a single contract of sale; or (b) together form, or arise from, substantially one transaction or one series of transactions, the instruments are chargeable with ad valorem duty calculated on the sum of the amounts by reference to which ad valorem duty on each of the instruments would, but for this subsection, have been calculated, and that duty will be apportioned to the various instruments as determined by the Commissioner. (4) Where by instruments that have been, or appear to have been, executed within 12 months of each other a person conveys property or interests in property to the same person (whether that person takes alone or with the same or different persons), it will be presumed, unless the Commissioner is satisfied to the contrary, that the instruments form one transaction or one series of transactions. (7) This section does not operate to reduce the duty payable on an instrument. STAMP DUTIES ACT 1923 - SECT 68 68--Duty in certain cases (3) Where a person, having contracted for the purchase of any property but not having obtained a conveyance, contracts to sell it to any other person and the property is in consequence conveyed immediately to the subpurchaser, the conveyance shall be chargeable with ad valorem duty as a conveyance for the consideration for the sale to the original purchaser and also as a conveyance for the consideration for the sale by the original purchaser to the subpurchaser, in the same manner as if the considerations were specified in separate instruments. (4) Where a person, having contracted for the purchase of any property but not having obtained a conveyance, contracts to sell the whole or any part or parts thereof to any other person and the property is in consequence conveyed by the original seller to different persons in parts or parcels, the conveyance of each part or parcel shall be chargeable with ad valorem duty as a conveyance for the consideration for the sale to the original purchaser and also as a conveyance for the consideration for the sale by the original purchaser to the subpurchaser, in the same manner as if the considerations were specified in separate instruments. The consideration for the sale to the original purchaser in respect of each part or parcel shall, for the purposes of this subsection, be ascertained by determining the ratio which the value of the part or parcel in question bears to the value of the whole property and shall be specified in the instrument of conveyance. (5) Where a subpurchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty as a conveyance for the consideration moving from him and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with ad valorem duty as a conveyance for the consideration for the sale to the original purchaser. STAMP DUTIES ACT 1923 - SECT 70 70--Evasion of duty (1) Subject to subsection (2), an instrument executed in order, either directly or indirectly, to avoid or evade the payment of the duty payable upon a conveyance on sale is void. (2) Where a third party relying in good faith on an instrument that is void by virtue of subsection (1) purports to acquire an interest in property subject to the instrument, the instrument shall, for the purposes of that transaction, be treated as valid, provided that it is duly stamped as a conveyance on sale. STAMP DUTIES ACT 1923 - SECT 71 71--Instruments chargeable as conveyances (1) The value for the purposes of this Act of the property conveyed by any conveyance operating as a voluntary disposition inter vivos shall be declared in the conveyance. (3) For the purposes of this Act, the following instruments shall, subject to this section, be deemed to be conveyances operating as voluntary dispositions inter vivos: (a) an instrument to which subsection (4) applies effecting or acknowledging, evidencing or recording, any of the following transactions: (i) a transfer of property to a person who takes as trustee; or (ii) a declaration of trust; or (iii) the creation of an interest in property subject to a trust; or (iv) a transfer of an interest in property subject to a trust; or (v) the surrender or renunciation of an interest in property subject to a trust; or (vi) the redemption, cancellation or extinguishment of an interest in property subject to a trust, whether or not any consideration is given for the transaction; or (b) an instrument to which paragraph (a) does not apply, being a conveyance that is not chargeable with duty as a conveyance on sale. (4) This subsection applies to any instrument that relates to land, a financial product or a unit under a unit trust scheme, or an interest in land, a financial product or a unit under a unit trust scheme. (4a) A reference in subsection (4) to a unit trust scheme does not include-- (a) an arrangement under the constitution of a registered managed investment scheme; or (b) an approved deposit fund or a pooled superannuation trust within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwlth). (4b) For the purposes of this Act (other than Part 4)-- (a) property is taken to be held beneficially by a unit trust scheme if it is held by the trustees of the scheme in trust for the unitholders; and (b) the holder of a unit in a unit trust scheme that is taken under paragraph (a) to hold property beneficially is taken to have a beneficial interest in that property; and (c) the transfer, creation, surrender, renunciation, redemption, cancellation or extinguishment of a unit in a unit trust scheme that is taken under paragraph (a) to hold property beneficially is taken to be a transfer, creation, surrender, renunciation, redemption, cancellation or extinguishment (as appropriate) of a beneficial interest in that property. (5) Subject to subsection (6), an instrument effecting or acknowledging, evidencing or recording, any of the following transactions shall be deemed not to be a conveyance operating as a voluntary disposition inter vivos: (b) a transfer in specie of property of a company in liquidation made by the liquidator to a shareholder of the company; (c) a transfer of any financial product issued by a public company to a person who takes as trustee, where-- (i) the beneficial interest in the property is, upon the transfer, vested in the transferor; and (ii) the transfer is not in pursuance of a sale; (d) a transfer of property for the purpose of effectuating the retirement of a trustee or the appointment of a new trustee, where the Commissioner is satisfied that the transfer is not part of a scheme for conferring a benefit, in relation to the trust property, upon the new trustee or any other person, whether as a beneficiary or otherwise, to the detriment of the beneficial interest of any person; (da) a transfer of property subject to a registered managed investment scheme if the transfer is-- (i) from the responsible entity of the scheme to a person as primary custodian for the responsible entity; or (ii) from a person as primary custodian for the responsible entity of the scheme to the responsible entity; Exception to paragraph (da)-- Paragraph (da) does not apply to a transfer of property that is part of an arrangement under which-- (a) the property ceases to be subject to the scheme; or (b) the persons who are members of the scheme do not have the same interest in the property after the property is transferred as they had immediately before the arrangement was entered into. (e) a transfer of property by a trustee to a person who has a beneficial interest in the property in the following circumstances: (i) the person has a beneficial interest in the property (other than a potential beneficial interest) by virtue of an instrument that is duly stamped; and (ii) the property was acquired for the trust, or became subject to the trust-- (A) by virtue of an instrument duly stamped with ad valorem duty; or (B) as a result of a transaction to which section 71E applies in relation to which a statement under that section has been lodged and ad valorem duty paid; or (C) under 1 of the other paragraphs of this subsection (except paragraph (d)); and (iii) if the trust is a discretionary trust (other than a superannuation fund or a unit trust)--the person acquired the beneficial interest by virtue of a duly stamped instrument that is separate from the instrument under which he or she became an object of the trust; Exception to paragraph (e)-- If v1exceeds [v2- v3], then the instrument is liable to ad valorem duty as if it were a transfer of property with a value equivalent to the excess. In this exception-- "v""1" is the net value of the property transferred; "v""2" is the value of the beneficiary's interest in the trust immediately before the transfer takes effect; "v""3" is the value of the beneficiary's interest in the trust immediately after the transfer takes effect. (f) a transfer to a natural person who is an object of a discretionary trust of property or a beneficial interest in property subject to the discretionary trust, where-- (i) the discretionary trust was created by an instrument that is duly stamped; and (ii) the Commissioner is satisfied that the discretionary trust was created wholly or principally for the benefit of that person or a family group of which that person is a member; (g) a transfer of a potential beneficial interest in property subject to a discretionary trust, where-- (i) the discretionary trust was created by an instrument that is duly stamped wholly or principally for the benefit of a family group; and (ii) the transfer is made by one member of the family group to another member of the family group, or by a member of the family group by way of surrender or renunciation of the potential beneficial interest and another member of the family group is to continue as an object or beneficiary under the trust; (h) a transfer to or by a person in his capacity as the personal representative of a deceased person or the trustee of the estate of a deceased person, being a transfer made in pursuance of the provisions of the will of the deceased person or the laws of intestacy and not being a transfer in pursuance of a sale; (i) any variation of the terms of a trust, where the trust was created by an instrument that is duly stamped and the variation does not involve the creation or variation of any beneficial interest in property subject to the trust; (ia) a transaction under which there is a pro rata increase or diminution of the number of units held by the unitholders in a unit trust so that each unitholder's holding, expressed as a proportion of the aggregate number of units, remains unaffected by the transaction; (j) a voluntary disposition of property that is wholly for charitable or religious purposes; (k) a transfer of a prescribed class. (6) Subsection (5) does not apply in relation to a transfer of property or a beneficial interest in property to a person who has, prior to the transfer, a beneficial interest in the property but who takes the property or interest transferred to him as trustee under a further trust. (7) The following provisions apply for the purposes of subsection (5)(e) (including the exception to paragraph (e)): (a) the net value of property is calculated by subtracting from its unencumbered value the amount of any liability subject to which the property is transferred (other than a liability that is to be discharged after the transfer takes effect by the trustee or for some other reason is not finally assumed by the transferee); (b) in calculating the value of a beneficiary's interest in a trust, all assets and liabilities of the trust are to be taken into account; (c) a member of a superannuation fund is to be taken to have a beneficial interest in the property of the fund equivalent to the amount to which the member would be entitled on transfer of membership to another fund; (d) if-- (i) property of a trust consisting of land is divided by community plan under the Community Titles Act 1996 (including by strata plan under that Act); and (ii) land subject to the division is subsequently transferred to a beneficiary of the trust; and (iii) the Commissioner is satisfied that the land the subject of the transfer was transferred to the beneficiary pursuant to the trust and is identifiable as property in which the beneficiary had a fixed beneficial interest contingent on, and arising from, the division, the transfer will be taken to have been a transfer to the beneficiary of property in which the beneficiary had a beneficial interest. (8) A conveyance operating as a voluntary disposition inter vivos that transfers a potential beneficial interest in, or in relation to, property subject to a discretionary trust shall, subject to this Act, be chargeable with duty as if it transferred the beneficial interest in the property that the transferee would have if the discretion under the discretionary trust were so exercised as to confer upon him the greatest benefit in relation to that property that can be conferred upon him under the discretionary trust. (9) An instrument that acknowledges, evidences or records a transaction of a kind referred to in subsection (3)(a) (not being a copy within the meaning of section 19A that is duly stamped) shall, for the purposes of this Act, be deemed to have effected the transaction and to have been executed by the parties to the transaction at the same time as the transaction took place. (10) For the purposes of this Act, in determining the value of property transferred by a conveyance operating as a voluntary disposition inter vivos, no regard shall be had to the fact that the person to whom the property is transferred takes or is to hold the property subject to a trust or has a beneficial interest in the property. (11) Notwithstanding any other provisions of this Act but subject to subsection (11a), the rate of duty chargeable in respect of a conveyance operating as a voluntary disposition inter vivos of a financial product shall, if that conveyance is made in pursuance of sale, be the rate fixed by Schedule 2 in respect of a conveyance or transfer on sale of a financial product. (11a) Subsection (11) does not apply in relation to a statement under Part 4. (12) Where an instrument of a kind referred to in subsection (3)(a) is duly stamped under this Act, the Commissioner shall, upon application and production of that instrument, stamp any other instrument of a kind referred to in subsection (3)(a) that he is satisfied relates to the same transaction with a particular stamp denoting that it is duly stamped. (13) Without limiting the generality of subsection (12), where an instrument that is duly stamped transfers or creates, or acknowledges, evidences or records, the transfer or creation of any property or interest in property and the person to or in whom the property or interest in property is transferred or vested takes the property or interest in property as trustee, the Commissioner shall, upon application and production of that instrument, stamp any declaration of trust or other instrument that acknowledges, evidences or records the fact that the person took the property or interest in property as trustee with a particular stamp denoting that it is duly stamped. (14) Notwithstanding any other provisions of this Act, where-- (a) property has been transferred to a person who took as trustee; and (b) that property is subsequently transferred back to the transferor; and (c) the Commissioner is satisfied that no person other than the transferor under the first transfer has had a beneficial interest in the property during the period elapsing between the transfers, the Commissioner shall, if ad valorem duty was paid in respect of the first transfer, upon application, refund to the person who paid that duty the amount of the duty. (15) In this section-- "family group" means a group of persons connected by an unbroken series of relationships of consanguinity or affinity; "primary custodian" for the responsible entity of a registered managed investment scheme means the person that has been appointed under section 601FB(2) of the Corporations Act 2001 of the Commonwealth to hold property for the scheme as agent for the responsible entity (but does not include a person who is taken under section 601FB(3) of the Corporations Act 2001 of the Commonwealth to be an agent appointed by the responsible entity to do something for the purposes of subsection (2) of that section); "public company" means a public company within the meaning of the Corporations Act 2001 of the Commonwealth; "registered managed investment scheme" means a managed investment scheme registered under Chapter 5C of the Corporations Act 2001 of the Commonwealth; "responsible entity" for a registered managed investment scheme means the responsible entity for the scheme under the Corporations Act 2001 of the Commonwealth; "superannuation fund" means a fund that is, under section 45 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth, a complying superannuation fund for the purposes of the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 of the Commonwealth; "trust" includes an implied trust or a discretionary trust; "trustee" includes-- (a) a trustee under an implied trust; or (b) a person who holds property subject to a discretionary trust; "unit trust" means a trust giving effect to a unit trust scheme. STAMP DUTIES ACT 1923 - SECT 71AA 71AA--Instruments disclaiming etc an interest in the estate of a deceased person (1) This section applies to an instrument under which a person who is, or may be, entitled to share in the distribution of the estate of a deceased person-- (a) disclaims an interest in the estate; or (b) assigns or transfers an interest in the estate to another. (2) An instrument to which this section applies is taken to be a conveyance of property operating as a voluntary disposition inter vivos (whether or not consideration is given for the transaction). (3) For the purpose of calculating ad valorem duty payable on an instrument to which this section applies, the value of the interest subject to the conveyance is to be determined as if the estate had been distributed and the interest were an interest in possession. STAMP DUTIES ACT 1923 - SECT 71A 71A--Provision where trust property distributed ""in specie If any will or any instrument by which any trust is declared contains a direction to convert any property into money and to pay the proceeds to any beneficiary and, instead of converting the property into money the executor, administrator or trustee, as the case may be, conveys the property in specie to the beneficiary, the conveyance shall not be chargeable with duty as a conveyance on sale or as a conveyance operating as a voluntary disposition inter vivos if, in the case of a trust other than a trust declared by a will, the beneficiary is beneficiary by virtue of an instrument that is duly stamped. STAMP DUTIES ACT 1923 - SECT 71B 71B--Partition or division of property (1) Where upon the partition or division of any property any consideration exceeding in amount or value two hundred dollars is paid or given, or agreed to be paid or given, for equality, the instrument by which the partition or division is effected shall be charged with duty as if it were a conveyance on sale and that consideration were equal to the value of the property. (2) If the consideration for equality is (in amount or value) two hundred dollars or less, the instrument by which the partition or division is effected is entirely exempt from duty. (4) This section applies only in relation to a conveyance for the partition or division of property between members of a family group. (5) In this section-- "family group" has the meaning assigned to that expression by section 71(15). STAMP DUTIES ACT 1923 - SECT 71C 71C--Concessional rates of duty in respect of purchase of first home etc (1) Where upon an application made on or after 9 August, 1989, in a manner and form determined by the Commissioner and supported by such evidence as he may require the Commissioner is satisfied-- (a) that the applicant or applicants-- (i) are natural persons; and (ii) on or after the fifteenth day of September, 1979, entered into a contract for the purchase of a relevant interest in land or for the purchase of shares in a company that confer a right to occupy land of the company; and (iii) are the sole purchasers of the land or the shares; and (iv) -- (A) have entered into a contract for the construction of a dwelling house on the land and intend to occupy the dwelling house as their principal place of residence within 12 months of completion of construction; or (B) where there is presently a dwelling house on the land--were occupying that dwelling house as their principal place of residence at the date of the conveyance, or intend to so occupy the dwelling house within 12 months of the date of the conveyance; and (ab) where the relevant contract is entered into on or after 1 September 1992--that the amount by reference to which duty would, apart from this section, be calculated does not exceed the prescribed maximum; and (b) that no party to the application has previously-- (i) occupied a dwellinghouse (except as a minor) either in the State or elsewhere in pursuance of a relevant interest of that party in the dwellinghouse (other than an interest arising under an agreement with the South Australian Housing Trust relating to the purchase of the dwelling house to which the application relates) or any interest of that party in shares conferring a right to occupy the dwellinghouse; or (ii) received the benefit of this section, this section applies to a conveyance under which the land or shares are conveyed to the purchaser or purchasers. (1a) Subsection (1)(b)(ii) does not apply to an applicant who is the occupier of a Housing Trust home and who is purchasing the home under an agreement with the South Australian Housing Trust if the Commissioner is satisfied-- (a) that the conveyance to which the application relates arises from that agreement; and (b) that the applicant previously received the benefit of this section only in relation to another conveyance arising from the same agreement. (1b) If the Commissioner is satisfied on an application under this section-- (a) that the conveyance relates to a genuine farm; and (b) that the conveyance would be one to which this section applies if it related only to the relevant component of the genuine farm, this section applies to a notional conveyance of the relevant component of the genuine farm. (2) The duty payable upon a conveyance or notional conveyance to which this section applies will, if it gives effect to a relevant contract entered into before 27 May 2004, be as follows: (a) where the amount by reference to which the duty would, apart from this section, be calculated does not exceed the prescribed amount--no duty will be payable; or (b) where the amount by reference to which the duty would, apart from this section, be calculated exceeds the prescribed amount-- (i) where the relevant contract was entered into before 1 September 1992--the duty payable will be the amount payable apart from this section less $2 130; (ii) where the relevant contract is entered into on or after 1 September 1992--the duty payable will be an amount calculated in accordance with the following formula: where "A" is the amount of duty payable "B" is the amount of duty payable apart from this section "C" is-- where the relevant contract is entered into during the period commencing on 1 February 1997 and ending on 31 January 1998--$2 830; in any other case--$2 130 "D" is-- where the relevant contract is entered into during the period commencing on 1 February 1997 and ending on 31 January 1998--56; in any other case--42 "E" is the amount by reference to which duty would, apart from this section, be calculated (any fractional part of $1 000 being rounded up to the next multiple of $1 000) "F" is the prescribed amount. (3) The duty payable upon a conveyance or notional conveyance to which this section applies will, if it gives effect to a relevant contract entered into on or after 27 May 2004, be as follows: (a) where the amount by reference to which the duty would, apart from this section, be calculated (the "property value") does not exceed $80 000--no duty will be payable; (b) where the property value exceeds $80 000 but does not exceed $100 000--the duty payable is the relevant percentage of the duty that would, apart from this section, be payable; In paragraph (b), the "relevant percentage" is a percentage in a range beginning at 2.5% for a property value of $81 000, increasing in steps of 2.5% for each additional $1 000 of property value, and ending at 50% for a property value of $100 000. (c) where the property value exceeds $100 000 but does not exceed $150 000--the duty payable will be 50% of the duty that would, apart from this section, be payable; (d) the maximum concession under this subsection ($2 415) is reached at a property value of $150 000 and where the property value exceeds $150 000 but does not exceed $250 000 the amount of duty payable is the amount that would, apart from this section, be payable less a concession calculated by reducing the maximum concession by $24 for each additional $1 000 by which the property value exceeds $150 000; (e) where the property value exceeds $250 000--no concession applies. (3a) For the purposes of subsection (3), property values are to be expressed to the nearest multiple of $1 000 and if a property value lies exactly at the mid point between 2 multiples of $1 000, the property value is to be rounded down to the lower of those multiples. (4) Where the Commissioner is satisfied by such evidence as the Commissioner may require that-- (a) a person or persons who have paid stamp duty on a conveyance would have been entitled to the benefit of this section in respect of the conveyance if when it was submitted for stamping the requirements of subsection (1)(a)(iv) had been satisfied; and (b) the person or persons occupied, as their principal place of residence, a dwelling house constructed subsequent to the conveyance, on the land comprised in the conveyance, or under rights conferred by shares comprised in the conveyance, within 2 years of the date of the conveyance, the Commissioner must refund to that person or those persons any duty in excess of the amount that would have been payable if the conveyance had been stamped under this section. (5) Where, on the conveyance of a genuine farm, the amount by reference to which duty would, apart from this section, be calculated exceeds the prescribed maximum, the duty payable on the conveyance is calculated as follows: (a) first, calculate the duty on the conveyance apart from this section; (b) then, subtract from this amount the duty that would be payable apart from this section on a notional conveyance of the relevant component of the farm; (c) finally, add to this amount the duty calculated on the notional conveyance in accordance with this section. (6) In this section-- "dwelling house" does not include residential premises that form part of industrial or commercial premises; "genuine farm" means land as to which the Commissioner is satisfied-- (a) the land is to be used for primary production by the person seeking the benefit of this section; and (b) the land is, by itself, or in conjunction with other land owned by that person, capable of supporting economically viable primary production operations; "Housing Trust home" means residential premises owned by the South Australian Housing Trust; "perpetual lease" means a perpetual lease under the Crown Lands Act 1929; "prescribed amount" means-- (a) where the relevant contract is entered into during the period commencing on 1 February 1997 and ending on 31 January 1998--$100 000; (b) in any other case--$80 000; "prescribed maximum" means-- (a) where the relevant contract is entered into during the period commencing on 1 February 1997 and ending on 31 January 1998--$150 000; (b) in any other case--$130 000; "relevant component" of a genuine farm means the part of the farm constituted by the dwelling house and its curtilage, or the part of the land that is to constitute the site and curtilage of a dwelling house that is to be constructed; "relevant contract" means the contract relied on by an applicant under this section to satisfy the requirements of subsection (1)(a)(ii); "relevant interest", in relation to land or a dwelling house, means any estate or interest conferring a right to possession, including any such estate or interest arising under a perpetual lease but not including any other leasehold estate or interest. (7) This section applies to a conveyance first lodged with the Commissioner for stamping on or after 9 August, 1989. (8) This section does not apply to a conveyance-- (a) if the conveyance gives effect to a contract entered into on or after 5 June 2008; or (b) if the conveyance relates to land where a party to the conveyance has, on or after 5 June 2008, entered into a contract for the construction of a dwelling house on the relevant land (as described in subsection (1)(a)(iv)(A)); or (c) if the conveyance relates to land where the construction of a dwelling house has commenced on or after 5 June 2008. STAMP DUTIES ACT 1923 - SECT 71CA 71CA--Exemption from duty in respect of Family Law instruments (1) In this section-- "Family Law agreement" means-- (a) a maintenance agreement; or (b) a financial agreement; or (c) a splitting agreement; "Family Law order" means an order of a court under Part VIII, VIIIA or VIIIB of the Family Law Act 1975 of the Commonwealth; "flag lifting agreement" has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth; "financial agreement" means a financial agreement made under section 90B, 90C or 90D of the Family Law Act 1975 of the Commonwealth that, under that Act, is binding on the parties to the agreement; "maintenance agreement" means-- (a) a maintenance agreement approved by a court by order under section 87 of the Family Law Act 1975 of the Commonwealth; or (b) a maintenance agreement registered in a court under section 86 of the Family Law Act 1975 of the Commonwealth or under regulations made pursuant to section 89 of that Act; "marriage" includes a marriage that is void and thus liable to annulment, and "married" has a corresponding meaning; "splitting agreement" means-- (a) a flag lifting agreement; or (b) a superannuation agreement, that has effect under Part VIIIB of the Family Law Act 1975 of the Commonwealth; "superannuation agreement" has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth; "superannuation fund" means-- (a) a superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; or (b) an approved deposit fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; or (c) a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth; or (d) an account within the meaning of the Small Superannuation Accounts Act 1995 of the Commonwealth; "trustee" of a superannuation fund means-- (a) if the fund has a trustee (within the ordinary meaning of that word)--the trustee of the fund; or (b) if paragraph (a) does not apply and a person is identified in accordance with the regulations as the trustee of a fund for the purposes of this definition--the person identified in accordance with the regulations; or (c) in any other case--the person who manages the fund, and includes any other person who has power to make payments to the members of a superannuation scheme or plan that is constituted by, or incorporates, a superannuation fund. (2) The following instruments are exempt from stamp duty: (a) a Family Law agreement; (b) a deed or other instrument (including an application to transfer registration of a motor vehicle) to give effect to, or consequential on-- (i) a Family Law agreement; or (ii) a Family Law order, if-- (iii) the marriage to which the agreement or order relates has been dissolved or annulled, or the Commissioner is satisfied that the marriage to which the agreement or order relates has broken down irretrievably; and (iv) the instrument-- (A) provides for the disposition of property between the parties to the marriage (or former marriage) and no other person, other than a trustee of a superannuation fund (if relevant), takes or is entitled to take an interest in property in pursuance of the instrument; or (B) in the case of an application to transfer registration of a motor vehicle--is consequential on a disposition of property between the parties to the marriage (or former marriage); and (v) at the time of the execution of the instrument the parties were, or had been, married to each other; (c) a deed or other instrument executed by a trustee of a superannuation fund to give effect to, or consequential on-- (i) a Family Law agreement; or (ii) a Family Law order; or (iii) the provisions of any Act or law (including an Act or subordinate legislation of the Commonwealth) relating to the transfer or disposition of property or any entitlements on account of a Family Law agreement or Family Law order. (3) Where an instrument was not exempt from stamp duty under this section by reason only that-- (a) the marriage of the 2 persons had not been dissolved or annulled; and (b) the Commissioner was not satisfied that the marriage of the 2 persons had broken down irretrievably, a party to the marriage who paid stamp duty on the instrument is entitled to a refund of the duty-- (c) if the marriage is subsequently dissolved or annulled; or (d) if the Commissioner is subsequently satisfied that the marriage has broken down irretrievably. (4) The Commissioner may require a party to an instrument in respect of which an exemption is claimed under this section to provide such evidence (verified, if the Commissioner so requires, by statutory declaration) as the Commissioner may require for the purpose of determining whether the instrument is exempt from duty under this section. (5) This section, as re-enacted by the Stamp Duties (Miscellaneous) Amendment Act 2004, applies-- (a) in relation to Family Law agreements--both prospectively and retrospectively; (b) in relation to any other kind of instrument--to instruments executed after the commencement of that Act. STAMP DUTIES ACT 1923 - SECT 71CB 71CB--Exemption from duty in respect of certain transfers between spouses etc or former spouses etc (1) In this section-- "shared residence" means-- (a) in relation to spouses or domestic partners--their principal place of residence of which both or either of them is owner; (b) in relation to former spouses or domestic partners--their last principal place of residence of which both or either of them was owner, but does not include premises that form part of industrial or commercial premises. (2) Subject to subsection (3), an instrument of which the sole effect is-- (a) to transfer-- (i) an interest in a shared residence; or (ii) registration of a motor vehicle, between parties who are spouses or former spouses, or domestic partners or former domestic partners; or (b) to register a motor vehicle in the name of a person whose spouse or former spouse, or domestic partner or former domestic partner, was the last registered owner of the vehicle (either alone or jointly with the person), is exempt from stamp duty. (3) An instrument described in subsection (2) between parties who are former spouses or former domestic partners is only exempt from stamp duty if the Commissioner is satisfied that the instrument has been executed as a result of the irretrievable breakdown of the parties' marriage or relationship. (4) Where an instrument was not exempt from stamp duty under this section by reason only that the Commissioner was not satisfied that the instrument had been executed as a result of the irretrievable breakdown of the parties' marriage or relationship, the party by whom stamp duty was paid on the instrument is entitled to a refund of the duty if the Commissioner is subsequently satisfied that the instrument had been executed as a result of the irretrievable breakdown of the parties' marriage or relationship. (5) The Commissioner may require a party to an instrument in respect of which an exemption is claimed under this section to provide such evidence (verified, if the Commissioner so requires, by statutory declaration) as the Commissioner may require for the purpose of determining whether the instrument is exempt from duty under this section. (6) This section applies in relation to instruments executed after its commencement. STAMP DUTIES ACT 1923 - SECT 71CBA 71CBA--Exemption from duty in respect of domestic partnership agreements or property adjustment orders (1) In this section-- "certified domestic partnership agreement" has the same meaning as in the Domestic Partners Property Act 1996; "domestic partner" has the same meaning as in the Domestic Partners Property Act 1996; "domestic relationship" means the relationship between domestic partners; "property adjustment order" means an order of a court under Part 3 or 4 of the Domestic Partners Property Act 1996; "superannuation fund" means-- (a) a superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; or (b) an approved deposit fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; or (c) a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth; or (d) an account within the meaning of the Small Superannuation Accounts Act 1995 of the Commonwealth; "trustee" of a superannuation fund means-- (a) if the fund has a trustee (within the ordinary meaning of that word)--the trustee of the fund; or (b) if paragraph (a) does not apply and a person is identified in accordance with the regulations as the trustee of a fund for the purposes of this definition--the person identified in accordance with the regulations; or (c) in any other case--the person who manages the fund, and includes any other person who has power to make payments to the members of a superannuation scheme or plan that is constituted by, or incorporates, a superannuation fund. (2) The following instruments are exempt from stamp duty: (a) a certified domestic partnership agreement; (b) a deed or other instrument (including an application to transfer registration of a motor vehicle) to give effect to, or consequential on-- (i) a certified domestic partnership agreement; or (ii) a property adjustment order, if-- (iii) the Commissioner is satisfied-- (A) that the domestic relationship to which the agreement or order relates has broken down irretrievably; and (B) that the domestic partners lived together continuously as domestic partners for at least 3 years; and (iv) the instrument-- (A) provides for the disposition of property between the parties to the former domestic relationship and no other person, other than a trustee of a superannuation fund (if relevant), takes or is entitled to take an interest in property in pursuance of the instrument; or (B) in the case of an application to transfer registration of a motor vehicle--is consequential on a disposition of property between the parties to the former domestic relationship; and (v) at the time of the execution of the instrument the parties were, or had been, domestic partners; (c) a deed or other instrument executed by the trustee of a superannuation fund to give effect to, or consequential on-- (i) a certified domestic partnership agreement; or (ii) a property adjustment order. (3) Where an instrument was not exempt from stamp duty under this section by reason only that the Commissioner was not satisfied that a domestic relationship had broken down irretrievably, a party to the relationship who paid stamp duty on the instrument is entitled to a refund of duty if the Commissioner is subsequently satisfied that the domestic relationship has broken down irretrievably. (4) The Commissioner may require a party to an instrument in respect of which an exemption is claimed under this section to provide such evidence (verified, if the Commissioner so requires, by statutory declaration) as the Commissioner may require for the purpose of determining whether the instrument is exempt from duty under this section. (5) This section applies-- (a) in relation to a certified domestic partnership agreement--both prospectively and retrospectively; (b) in relation to any other kind of instrument--to instruments executed after the commencement of this section. STAMP DUTIES ACT 1923 - SECT 71CC 71CC--Interfamilial transfer of farming property (1) A transfer of an interest in land, or land and goods, referred to in subsection (1a) from a natural person, or a trustee for a natural person, to a relative of the natural person, or a trustee for a relative of the natural person, is exempt from stamp duty if the Commissioner is satisfied-- (a) that the land to which the transfer relates is used wholly or mainly for the business of primary production and is not less than 0.8 hectares in area; and (ab) that the sole or principal business of the natural person who, or whose trustee, is the transferor is (immediately before the instrument) the business of primary production; and (b) that for a period of 12 months immediately before the instrument there was a business relationship between-- (i) the natural person (A) who, or whose trustee, is the transferor; and (ii) the natural person (B) who, or whose trustee, is the transferee, or a lineal ancestor or spouse or domestic partner of B, with respect to the use of the property for the business of primary production; and (c) in the case of a transfer where either or both parties are trustees, that no person is a beneficiary of the trust or trusts other than-- (i) the natural person (A) who, or whose trustee, is transferor; (ii) the natural person (B) who, or whose trustee, is transferee; (iii) a relative (or relatives) of A or B; and (d) that the transfer does not arise from arrangements or a scheme devised for the principal purpose of taking advantage of the benefit of this section. (1a) Subsection (1) applies to-- (a) land used for the business of primary production; and (b) goods comprising livestock, machinery, implements and other goods used or acquired for the business of primary production conducted on the land referred to in paragraph (a). (1b) In assessing the duty payable on an instrument, the Commissioner is to apply the following principles: (a) if the instrument gives effect solely to a transaction, or part of a transaction, that is exempt from duty under this section, then no duty is payable on the instrument; (b) if the instrument gives effect to a transaction, or part of a transaction, of which some of the elements are exempt from duty under this section and others not, the instrument will be assessed for duty as if it gave effect only to those elements of the transaction that are not exempt from duty under this section. (2) The Commissioner may, in deciding for the purposes of subsection (1)(b) whether a business relationship existed between two persons, take into account any of the following; (a) a previous employment relationship between them (regardless of the amount or form of remuneration); (b) a share-farming arrangement; (c) the provision of assistance in the running of the business; (d) a partnership arrangement, and may take into account such other matters (whether similar or dissimilar to those referred to above) as the Commissioner thinks fit. (3) The Commissioner may require a party to an instrument in respect of which an exemption is claimed under this section to provide such information or evidence as the Commissioner may require for the purpose of determining whether the instrument is exempt from duty under this section. (4) The Commissioner may require the information or evidence to be given on oath or verified by statutory declaration. (5) In this section-- "natural person" or "person" does not include a person who is deceased (as at the time of execution of the relevant instrument); "relative", in relation to a natural person, means a person who is-- (a) a child or remoter lineal descendant of the person or of the spouse or domestic partner of the person; (b) a parent or remoter lineal ancestor of the person or of the spouse or domestic partner of the person; (c) a brother or sister of the person or of the spouse or domestic partner of the person; (ca) a child or remoter lineal descendant of the brother or sister of the person or of the spouse or domestic partner of the person; (d) the spouse or domestic partner of the person or a spouse or domestic partner of any person referred to in paragraphs (a), (b) or (c). (6) This section applies in relation to instruments executed after its commencement. STAMP DUTIES ACT 1923 - SECT 71CD 71CD--Duty on conveyances by Official Trustee etc Where, on the bankruptcy of a debtor, property of the debtor is vested in the Official Trustee in Bankruptcy or a registered trustee under the Bankruptcy Act 1966 of the Commonwealth-- (a) a subsequent conveyance of the property by the Official Trustee or registered trustee to the bankrupt or former bankrupt is exempt from stamp duty; (b) a subsequent conveyance of the property by the Official Trustee or registered trustee to some other person will be assessed for stamp duty as though the conveyance were from the bankrupt or former bankrupt to that person. STAMP DUTIES ACT 1923 - SECT 71D 71D--Concessional duty to encourage resource exploration activity (1) Where upon an application made under this section the Treasurer, after consultation with the Minister to whom the administration of the Mining Act 1971 is committed, is satisfied-- (a) that the applicants are parties to a conveyance of an exploration tenement or an interest in an exploration tenement; and (b) that the consideration or a part of the consideration for the conveyance consists of an undertaking on the part of the person or persons acquiring an interest in the tenement by virtue of the conveyance-- (i) to engage in exploratory or investigatory operations (to be carried on after the date of the undertaking) within that part of the area of the tenement to which the conveyance relates; or (ii) to contribute to the cost of exploratory or investigatory operations (to be carried on after the date of the undertaking) within that part of the area of the tenement to which the conveyance relates, this section applies to the conveyance. (2) An application under this section must-- (a) be made in a manner and form determined by the Treasurer; and (b) set out a statement of-- (i) the value of the interest being transferred by the conveyance; and (ii) the value of the undertaking referred to in subsection (1)(b); and (c) be accompanied by such evidence as the Treasurer may require. (2a) The duty payable upon a conveyance to which this section applies will be as follows: (a) where the amount by reference to which the duty would, apart from this section, be calculated does not exceed the value of the undertaking referred to in subsection (1)(b)--the duty will be $1 000; (b) where the amount by reference to which the duty would, apart from this section, be calculated exceeds the value of the undertaking referred to in subsection (1)(b)--the duty will be an amount calculated in accordance with the following formula: where "D" is the amount payable "A" is the amount of duty payable apart from this section "V" is the amount of duty payable on a conveyance of an interest in property the value of which equals the value of the undertaking referred to in subsection (1)(b). (3) In this section-- "exploration tenement" means-- (a) an exploration licence granted under the Mining Act 1971; or (b) an exploration licence granted under the Petroleum Act 2000; or (c) an exploration permit for petroleum granted under the Petroleum (Submerged Lands) Act 1982; or (d) an exploration licence granted under the Offshore Minerals Act 2000. (4) A reference in this section to an exploration tenement includes a reference to a portion of an exploration tenement. (5) For the purposes of this section, the value of the undertaking referred to in subsection (1)(b) will be taken to be equal to the costs for which the person or persons acquiring an interest in the tenement by virtue of the conveyance become liable, or for which that person or those persons are reasonably expected to become liable, by virtue of the undertaking (assessed as at the time that the undertaking was given). (6) This section applies to a conveyance first lodged with the Commissioner for stamping on or after the commencement of the Stamp Duties (Concessional Duty and Exemptions) Amendment Act 1991. STAMP DUTIES ACT 1923 - SECT 71DA 71DA--Duty on certain conveyances between superannuation funds etc (1) If on an application made under this section the Commissioner is satisfied-- (a) that the applicant is a party to an instrument that constitutes-- (i) a conveyance of property between superannuation funds; or (ii) an agreement to convey property between superannuation funds; and (b) that the trustees of the respective funds are of the opinion that the funds will be complying superannuation funds for the year in which the conveyance occurs; and (c) that the conveyance is in connection with a person ceasing to be a member of, or otherwise ceasing to be entitled to benefits in respect of, one superannuation fund and becoming a member of, or otherwise becoming entitled to benefits in respect of, the other superannuation fund, this section applies to the instrument. (1a) If on application made under this section the Commissioner is satisfied-- (a) that the applicant is a party to an instrument that is a conveyance of property, or an agreement to convey property, from a superannuation fund to a pooled superannuation trust; and (b) that the purpose of the conveyance is to satisfy standards relating to the investment of assets of the superannuation fund prescribed by or under the SIS Act; and (c) that the only consideration for the conveyance is the right to share in the income and assets of the pooled superannuation trust whether that right is in the form of units issued by the trust or some other form, this section applies to the instrument. (1b) If on application made under this section the Commissioner is satisfied-- (a) that the applicant is a party to an instrument that is a conveyance of property, or an agreement to convey property, from a pooled superannuation trust-- (i) to a superannuation fund; or (ii) to another pooled superannuation trust at the direction of a superannuation fund; and (b) that the only consideration passing from the superannuation fund to the firstmentioned pooled superannuation trust for the conveyance is the surrender by the superannuation fund of the whole or part of its right to share in the income and assets of the pooled superannuation trust, this section applies to the instrument. (2) The duty payable on an instrument to which this section applies will be-- (a) the amount of ad valorem duty that would be payable on the instrument as a conveyance apart from this section; or (b) $200, whichever is the lesser. (3) The Commissioner may require a party to an instrument that may be assessable under this section to provide such information or evidence as the Commissioner may require for the purpose of determining whether this section applies and, if so, the amount of duty payable on the instrument. (4) The Commissioner may require the information or evidence to be given on oath or verified by statutory declaration. (5) In this section-- "complying superannuation fund" means-- (a) a fund which is a complying superannuation fund within the meaning of section 267 of the Income Tax Assessment Act 1936 of the Commonwealth; or (b) a fund which is a complying approved deposit fund as defined by section 47 of the SIS Act; "pooled superannuation trust" means a pooled superannuation trust as defined in the SIS Act; "the SIS Act" means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth. (6) This section applies to an instrument of a kind referred to in subsection (1), (1a) or (1b) if it was first lodged for stamping with the Commissioner on or after the commencement of the subsection concerned. STAMP DUTIES ACT 1923 - SECT 71EA 71EA--Interpretation (1) In this Division-- "direct interest"--see section 71EB(1); "family group" means a group of persons connected by an unbroken series of relationships of consanguinity or affinity; "gaming machine business" means a business conducted in pursuance of a gaming machine licence; "gaming machine licence" means a gaming machine licence under the Gaming Machines Act 1992; "gaming machine surcharge" means the duty imposed under this Division; "hold"--a person "holds" a share in a private entity if the person-- (a) is registered as the holder; or (b) is beneficially entitled to the share; or (c) controls the exercise of rights attached to the share; "indirect interest"--see section 71ED(1); "net gambling revenue" means net gambling revenue as defined for the purposes of section 72 of the Gaming Machines Act 1992; "person" includes a private entity; "private company" means-- (a) a company that is limited by shares but whose shares are not quoted on a recognised financial market; or (b) a company that is not limited by shares, but does not include a company that is excluded from the ambit of this definition by the regulations; "private entity" means a private company or a private unit trust scheme; "private unit trust scheme" means-- (a) a unit trust scheme in which less than 50 persons hold units; or (b) a unit trust scheme in which 50 or more persons hold units if 20 or fewer persons hold 75 per cent or more in number or value of the units on issue, but does not include a unit trust scheme that is an approved deposit fund or a pooled superannuation trust within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwth); "proportionate interest"--see sections 71EB(3), 71EC(2) and 71ED(3); "related entity"--see section 71EC(1); "share" in a private entity means-- (a) where the private entity is a private company--a share or other interest that-- (i) entitles the holder to vote at a general meeting of shareholders of the private company; or (ii) entitles the holder to share in dividends or would entitle the holder to share in dividends assuming that there were profits out of which dividends could be declared; or (iii) entitles the holder to share in the distribution of the assets of the company in the event of a winding up; or (iv) confers entitlements of two or more kinds mentioned above; (b) where the private entity is a private unit trust--a unit in the trust. (2) Property is taken to be held beneficially by a private unit trust scheme if it is held by the trustees of the scheme in trust for the unitholders. (3) If an interest that is to be valued for the purposes of this Division is the potential interest of an object of a discretionary trust, the interest is to be valued as if it were the greatest beneficial interest in the property subject to the trust that could be conferred under the terms of the trust. STAMP DUTIES ACT 1923 - SECT 71EB 71EB--Direct interests (1) A person has a "direct interest" in a private entity if the person holds a share in the private entity. (2) A direct interest is to be expressed as a proportionate interest. (3) The "proportionate interest" is the highest of the following: (a) a percentage representing the proportion of votes that the person would be entitled to exercise (or control) at a general meeting of shareholders or unitholders assuming that all shareholders or unitholders exercised their voting rights; (b) a percentage representing the extent the person is entitled to participate in dividends or distributions of income; (c) a percentage representing the extent to which the person would be entitled to participate in distribution of assets on a winding up of the private entity. (4) The proportionate interest of a person is to be determined as if any power that the person has to increase the extent of an interest (by varying the constituent documents of the private entity or in any other way) had been exercised so as to maximise the relevant interest in the private entity. STAMP DUTIES ACT 1923 - SECT 71EC 71EC--Related entities (1) Two private entities are "related entities" if-- (a) one has a direct interest in the other; or (b) a series of such relationships can be traced between them through another or other related entities ("intermediate entities). (2) If a private entity is related to another private entity by a relationship traced through an intermediate entity or intermediate entities, the private entity's proportionate interest in the other is calculated by multiplying the relevant fractions together and expressing the result as a percentage. Example-- Entity A (a private company) holds a 75% proportionate interest in entity B (a private unit trust scheme) which in turn holds a 50% proportionate interest in entity C (a private company). In this case, the proportionate interest of entity A in entity C (insofar as it is traced through entity B) is 37.5%. STAMP DUTIES ACT 1923 - SECT 71ED 71ED--Indirect interests (1) If a person has a direct interest in a private entity (entity A) which is related to another private entity (entity B), the person has an "indirect interest" in entity B. (2) An indirect interest is to be expressed as a proportionate interest. (3) The proportionate interest is calculated by multiplying together-- (a) a fraction representing the person's proportionate interest in entity A; and (b) a fraction representing entity A's proportionate interest in entity B, and expressing the result as a percentage. Example-- X holds a proportionate interest of 33⅓% in entity A (a private company) which in turn holds a 75% proportionate interest in entity B (a private unit trust scheme) which in turn holds a 50% proportionate interest in entity C (a private company). In this case X's indirect interest in entity C is to be expressed as a proportionate interest of 12.5% STAMP DUTIES ACT 1923 - SECT 71EE 71EE--Notional interests (1) If a private entity owns a gaming machine business or an interest in a gaming machine business, a person who holds a direct or indirect interest in the private entity is taken to have a notional interest in the gaming machine business. (2) The value of the notional interest is calculated as follows: where-- "p" is a fraction representing the person's proportionate interest in the private entity; "v""1" is the value of the gaming machine business or the interest in the gaming machine business (as the case requires). STAMP DUTIES ACT 1923 - SECT 71EF 71EF--Application of this Division (1) This Division applies to the following transactions-- (a) the transfer of an interest in a gaming machine business; or (b) the transfer of a notional interest in a gaming machine business. (2) A transfer includes any transaction as a result of which the amount or value of the interest or notional interest of a person (the transferor) in a gaming machine business is diminished or extinguished and another person (the transferee) gains an interest or notional interest in the gaming machine business or the transferee's interest or notional interest increases in amount or value. Example-- Suppose that a gaming machine business is operated by a private entity. The shares of a particular person in the private entity are redeemed or cancelled. This transaction is to be regarded as a transfer of the shareholder's notional interest to the remaining shareholders because their respective notional interests are increased by the value of the notional interest that has been extinguished by the redemption or cancellation. (3) However, a transfer does not include-- (a) a transaction by way of mortgage; or (b) a transaction between members of the same family group by way of gift; or (c) a transaction between members of the same family group for which there is no consideration of a commercial nature. STAMP DUTIES ACT 1923 - SECT 71EG 71EG--Imposition of surcharge (1) A gaming machine surcharge is imposed on a transaction to which this Division applies. (2) The surcharge is in addition to any other duty payable under this Act in respect of the transaction. (3) The surcharge is calculated as follows: where-- "A" is the amount of the surcharge "p" is -- (a) if the whole of the gaming machine business is transferred--1; (b) in any other case--a fraction representing the relationship between the value of the interest or notional interest transferred and the value of the gaming machine business "NGR" is the net gambling revenue derived from the business for the last 12 complete calendar months before the date of the transaction or, if the business was not carried on during that period or for the whole of that period, an amount determined by the Liquor and Gambling Commissioner to be reasonable having regard to net gambling revenue derived during that period from similar businesses. STAMP DUTIES ACT 1923 - SECT 71EH 71EH--Exempt transactions (1) A transaction is exempt from the surcharge if-- (a) no liability to duty is imposed (apart from this Division) in respect of the transaction (or an instrument by which it is effected); or (b) the transaction is effected by a conveyance that is exempt from ad valorem duty under this Act. (2) The regulations may exempt transactions of a specified class from the surcharge. STAMP DUTIES ACT 1923 - SECT 71EI 71EI--Notice of transaction to which this Division applies (1) If a transaction to which this Division applies occurs, the parties to the transaction must within 2 months after the date of the transaction-- (a) lodge a return with the Commissioner; and (b) pay the relevant amount of the surcharge. Maximum penalty: $10 000. (2) The return must be in a form approved by the Commissioner and contain the following information-- (a) the names and addresses of the parties to the transaction; and (b) the date of the transaction; and (c) particulars of the transaction and the interest or notional interest transferred as a result of the transaction; and (d) sufficient details to enable the calculation of the fraction representing the relationship between the value of the interest or notional interest transferred and the value of the gaming machine business; and (e) details of the net gambling revenue for the last 12 calendar months before the date of the transaction; and (f) other information required by the Commissioner. STAMP DUTIES ACT 1923 - SECT 71EJ 71EJ--Recovery of duty (1) The Commissioner may recover a surcharge payable on a transaction to which this Division applies as a debt-- (a) from a party to the transaction; or (b) if the relevant gaming machine business is owned by a private entity--from the private entity. (2) If the Commissioner recovers the surcharge from a private entity, the private entity may recover the relevant amount from the parties to the transaction. STAMP DUTIES ACT 1923 - SECT 71E 71E--Transactions otherwise than by dutiable instrument (1) Subject to subsection (2), this section applies to a transaction in the following circumstances-- (a) the transaction results in a change in the ownership of a legal or equitable interest in-- (i) land; or (ii) -- (A) a business situated in the State; or (B) a part of a business (being a business situated in the State), excluding goods that are stock-in-trade of a business where the transaction occurs in the ordinary course of business, where the transaction is associated with, or is for the purposes of, a change in the ownership of a legal or equitable interest in the business (including a case where a business is being divided up into separate parts and then those parts are being transferred to one or more persons as part of one transaction or one series of transactions); or (iii) an interest in a partnership; and (b) -- (i) the transaction is not effected, or not wholly effected, by an instrument on which ad valorem duty is chargeable; but (ii) if the transaction had been effected, or wholly effected, by an instrument, the instrument would be chargeable with duty as a conveyance or as if it were a conveyance. (1a) For the purposes of this section (and for the calculation of the value of any property), a change in the ownership of a legal or equitable interest in a business will be taken to include a transfer of the goodwill of the business. (2) This section does not apply to any of the following transactions-- (a) the appointment of a receiver or trustee in bankruptcy; (b) the appointment of a liquidator; (c) a compromise or arrangement under Part 5.1 of the Corporations Act 2001 of the Commonwealth; (e) any other transaction of a prescribed class. (3) Where a transaction to which this section applies is entered into, a statement in a form approved by the Commissioner must be lodged with the Commissioner setting out-- (a) the nature and effect of the transaction; (b) a description of the property affected by the transaction; (c) a statement of the value of any property to which the transaction relates; (d) a statement of any consideration that has passed or is to pass between the parties to the transaction. (4) Duty is payable on the statement as if it were a conveyance effecting the transaction to which it relates. (4a) A statement under this section will, for the purposes of this Act, be taken to be an instrument executed by the person required to lodge the statement on the date of the change in legal or equitable ownership of property effected by the transaction to which the statement relates. (5) Where a statement is lodged with the Commissioner under this section-- (a) any instrument that relates to the same transaction is not chargeable with duty to the extent to which duty has been paid on the statement; and (b) the statement will not be charged with duty to the extent that duty has been paid on any instrument that relates to the same transaction. (6) If a statement relating to a transaction to which this section applies is not lodged with the Commissioner in accordance with this section within two months after a change in legal or equitable ownership of property is effected by the transaction-- (a) each party to the transaction is guilty of an offence; and (b) the parties to the transaction are nevertheless jointly and severally liable to pay duty to the Commissioner as if such a statement had been lodged with the Commissioner immediately before the end of that period of two months. (7) A person who aids, abets, counsels or procures another person to enter into a transaction to which this section applies knowing that none of the parties to the transaction intends to lodge a statement under this section is guilty of an offence. (8) A person who is guilty of an offence against this section is liable to a fine not exceeding $10 000. (9) If a statement relating to a transaction to which this section applies is lodged with the Commissioner but it is subsequently established to the satisfaction of the Commissioner that the transaction is not to be completed, the Commissioner may refund any duty paid on the statement. STAMP DUTIES ACT 1923 - SECT 71F 71F--Statutory transfers (1) A statutory transfer is a transfer or vesting of assets or liabilities that takes effect by or under the provisions of a special Act. (2) The parties to a statutory transfer must, within 2 months after a statutory transfer takes effect, lodge with the Commissioner a statement in a form approved by the Commissioner setting out-- (a) a description of the property subject to the statutory transfer; and (b) the value of that property; and (c) any other information required by the Commissioner. (3) Duty is payable on the statement as if it were a conveyance, executed by the parties to the statutory transfer, operating as a voluntary disposition inter vivos of the property subject to the statutory transfer. (4) If a statement is not lodged as required by this section within 2 months after the statutory transfer takes effect-- (a) each party to the transfer is guilty of an offence and liable to a penalty not exceeding $10 000; and (b) the parties to the transfer are jointly and severally liable to pay duty to the Commissioner as if such a statement had been lodged with the Commissioner immediately before the end of that period of 2 months. (5) A statutory transfer arising from the merger of credit unions, or transferring assets from one credit union to another, is exempt from this section. (6) In this section-- "special Act" means-- (a) the Financial Sector (Transfer of Business) Act 1999; or (b) the Financial Sector (Transfer of Business) Act 1999 of the Commonwealth; or (c) any other Act of the State, another State, or the Commonwealth prescribed by regulation for the purposes of this section. Note-- No liability to duty arises in relation to the following: * a mortgage, bond, debenture, covenant or warrant of attorney executed, or that first affects property in South Australia, on or after 1 July 2009; * a mortgage executed, or that first affects property in South Australia, before 1 July 2009 if no advance secured under the mortgage is made before that day; * an advance or further advance on or after 1 July 2009 under a mortgage first executed, or that first affects property in South Australia, before that day. See Part 4A Division 2. STAMP DUTIES ACT 1923 - SECT 76 76--Interpretation In this Act-- "liability" means a present, future or contingent monetary liability; "mortgage" means-- (a) an instrument creating, acknowledging, evidencing or recording a legal or equitable interest in, or charge over, real or personal property by way of security for a liability; or (b) an instrument creating, acknowledging, evidencing or recording a liability in respect of which an instrument of title is or is to be pledged or deposited by way of security. 1 A "mortgage" includes an instrument that would, assuming the fulfilment of a condition to which the instrument is subject, fall into one of the above categories. 2 A "mortgage" includes an agreement that gives rise to a presumptive mortgage under section 10(3) of the Consumer Credit (South Australia) Code. STAMP DUTIES ACT 1923 - SECT 77 77--Where mortgage consists of several instruments If several instruments are necessary to make a mortgage and duty would, but for this section, be chargeable on more than one of those instruments, the duty shall be chargeable upon the principal instrument only and the other instruments shall not be liable to any duty, and the parties, with the approval of the Commissioner, may decide which is the principal instrument. STAMP DUTIES ACT 1923 - SECT 78 78--Security for stock, how to be charged A security for the transfer or retransfer of any stock shall be chargeable with the same duty as a similar security for a sum of money equal in amount to the value of the stock; and a transfer or assignment of any such security shall be chargeable with the same duty as an instrument of the same description relating to a sum of money equal in amount to the value of the stock. STAMP DUTIES ACT 1923 - SECT 79 79--Mortgage securing future and contingent liabilities (1) A mortgage that extends to future or contingent liabilities is, if limited to a particular amount, chargeable with duty as if it were a security for that amount. (2) A mortgage that extends to future or contingent liabilities is, if not limited to a particular amount, chargeable with duty as follows: (a) the mortgage is chargeable, in the first instance, with duty on the basis of an estimate of the highest amount to be secured (to be made on the assumption that all contingencies to which the mortgage or the liability is subject will actually happen); and (b) if the amount of the liability secured by the mortgage subsequently exceeds the amount for which the mortgage has been previously stamped, the mortgage becomes chargeable with further duty as from the date when the liability was first exceeded and the amount of that further duty is to be calculated as follows: (i) a fresh estimate is to be made in accordance with this section of the highest amount to be secured; and (ii) duty is then to be calculated on the basis of that estimate and in all other respects as if the mortgage were a new and separate instrument made on the date when the liability was first exceeded; and (iii) the further duty is then to be calculated by subtracting the amount of duty already paid from the amount of duty calculated under subparagraph (ii). Exceptions-- 1 Paragraph (b) does not apply if the liability is wholly or partly denominated in a foreign currency and the amount for which the mortgage has been previously stamped is extended solely because of fluctuations in the rate of exchange. 2 If a mortgage becomes chargeable with further duty under paragraph (b), and the rate of duty payable on the mortgage has increased since it was previously stamped, then the further duty is to be calculated by subtracting from the amount of duty calculated under paragraph (b)(ii) the amount that would have been already paid if duty had then been calculated and paid at the higher rate. 3 If a mortgage becomes chargeable with further duty under paragraph (b), and the rate of duty payable on the mortgage has decreased since it was previously stamped, then the further duty is to be calculated by subtracting from the amount of duty calculated under paragraph (b)(ii) the amount that would have been already paid if duty had then been calculated and paid at the lower rate. 4 If-- (a) a further advance is made under-- (i) a mortgage that is, until the further advance, wholly exempt from duty; or (ii) a mortgage that would, assuming it had been submitted for stamping immediately before the further advance, have been wholly exempt from duty; and (b) in consequence of the further advance, the mortgage ceases to be of a type that is, or has become, wholly exempt from duty, duty (or further duty) is calculated on the mortgage as if it secured only the further advance and, if duty was paid before the exemption took effect, as if no such payment had been made. (3) If a mortgage is chargeable with duty under subsection (2), the parties must, on submitting the mortgage for stamping or further stamping, make a fair estimate of the highest amount to be secured (to be made on the assumption that all contingencies to which the mortgage or the liability is subject will actually happen). (4) The Commissioner may accept the parties' estimate of the highest amount to be secured or, if dissatisfied with that estimate, substitute the Commissioner's own estimate of that amount, for the purposes of determining the amount of duty or further duty with which the mortgage is chargeable. (5) The Commissioner has a discretion, in the case of a mortgage securing a contingent liability, to permit the mortgage to be stamped for an amount that is less than the full amount of that liability, but, if the contingency subsequently happens, further duty becomes chargeable on the mortgage as from the date of the happening of the contingency and the amount of that further duty is to be calculated as follows: (a) duty is to be calculated on the mortgage on the basis of the full amount of the liability as if the mortgage were a new and separate instrument made on the date of the happening of the contingency; and (b) the further duty is then to be calculated by subtracting the amount of duty already paid from the amount of duty calculated under paragraph (a). (8) In this section references to an amount secured or to be secured by a mortgage are, if the mortgage secures both principal and interest or principal, interest, and rates taxes or other recurrent charges in respect of land, to be read as references to the principal only. STAMP DUTIES ACT 1923 - SECT 80 80--Security for repayment by periodical payments, how to be charged A security for the payment of any rentcharge, annuity or other periodical payment, by way of repayment or in satisfaction or discharge of any loan, advance or payment intended to be so repaid, satisfied or discharged, shall be chargeable with the same duty as a similar security for the payment of the sum of money so lent, advanced or paid. STAMP DUTIES ACT 1923 - SECT 81 81--Transfers and further charges (1) No transfer of a duly stamped security and no security by way of further charge for money or stock added to money or stock previously secured by a duly stamped instrument shall be chargeable with any duty by reason of containing any further or additional security for the money or stock transferred or previously secured, or the interest or dividends thereon, or any new covenant, proviso, power, stipulation or agreement in relation thereto or any further assurance of the property comprised in the transferred or previous security. (2) However, subsection (1) does not apply if the security is over, or relates to, land that is subject to the provisions of the Real Property Act 1886. STAMP DUTIES ACT 1923 - SECT 81B 81B--Duty chargeable proportioned to value of South Australian property (1) A security that creates a charge on property in South Australia and property outside South Australia may, subject to this section, be stamped for less than the full amount ad valorem duty otherwise appropriate to the amount secured. (2) The amount for which the security is stamped must however be sufficient to satisfy the following formula: Where "A""1" is the amount for which the security is stamped "A""2" is the amount on which ad valorem duty would, apart from this section, be chargeable "V""1" is the value of property situated in South Australia "V""2" is the total value of the property subject to the security. (3) A security stamped under this section is available as a security on property situated in South Australia for such amount only as the ad valorem duty denoted on the security extends to cover. (4) If a security does not create a charge on property in South Australia it may be stamped with a stamp indicating that no ad valorem duty is payable. STAMP DUTIES ACT 1923 - SECT 81C 81C--Duty paid on one mortgage may be denoted as having been paid on another mortgage (1) The Commissioner may, upon the application of a party to a mortgage upon which duty has been paid, authorise the whole or a part of the duty paid upon the mortgage to be denoted as having been paid upon some other mortgage or mortgages if he is satisfied, upon the basis of such evidence as he may require-- (a) that the duty was paid upon the first mentioned mortgage instead of the other mortgage or mortgages as a result of an error on the part of a party to the mortgage or his agent; and (b) that the parties to the first mentioned mortgage are the same as the parties to the other mortgage or mortgages; and (c) that the first mentioned mortgage has not been acted upon or relied upon in any way as a security. (2) An application under subsection (1) must-- (a) be made in a form approved by the Commissioner; and (b) be made not later than three months after the date on which duty was paid upon the first mentioned mortgage; and (c) be accompanied by the prescribed charge. (3) The Commissioner may, upon an application under subsection (1), if he thinks it just to do so, waive payment of the prescribed charge. (4) The Commissioner may require any evidence given in support of an application under subsection (1) to be verified by statutory declaration. (5) Duty shall not be denoted as having been paid upon the other mortgage or mortgages in pursuance of subsection (1) unless the original and every copy of the first mentioned mortgage stamped under this Act has been produced to the Commissioner and dealt with in accordance with the regulations. (6) For the purposes of this section-- (a) mortgagees that are related corporations shall be regarded as one and the same person; and (b) corporations are related if they are related for the purposes of the Corporations Act 2001 of the Commonwealth. STAMP DUTIES ACT 1923 - SECT 82 82--Unregistered mortgages protected by caveats (1) A caveat under the Real Property Act 1886 to protect an interest arising under an unregistered mortgage is, if the unregistered mortgage is liable to stamp duty and has not been produced for stamping, liable to stamp duty. (2) The amount of duty chargeable on a caveat to which subsection (1) applies is the same as would be payable on the mortgage if produced for stamping. (3) If-- (a) stamp duty is paid on a caveat in respect of a mortgage that has not been stamped; and (b) the mortgage is subsequently produced for stamping, the mortgage is not chargeable with duty to the extent to which duty in respect of the mortgage has been paid on the caveat. STAMP DUTIES ACT 1923 - SECT 82A 82A--Repeal of Division (1) After 1 July 2009, the Governor may, by proclamation, fix a date for the repeal of this Division and Schedule 2 clause 11. (2) On the date fixed under subsection (1), this Division (including this section) and Schedule 2 clause 11 are repealed. STAMP DUTIES ACT 1923 - SECT 83 83--Interpretation In this Part, unless the contrary intention appears-- "exempt transaction" means a conveyance (including a sale or purchase) of a quoted financial product made after 30 June 2001; "foreign company" has the same meaning as is assigned to the term by section 9 of the Corporations Act 2001 of the Commonwealth; "quoted financial product" means a financial product that is quoted on a recognised financial market (see section 2); "relevant company" means-- (a) a South Australian registered company; or (b) a foreign company with a registered office under the Corporations Act 2001 of the Commonwealth that is situated in this State; "South Australian registered company" means a company incorporated or taken to be incorporated under the Corporations Act 2001 of the Commonwealth that is taken to be registered in South Australia for the purposes of that Act. STAMP DUTIES ACT 1923 - SECT 84 84--Share buy-back (1) An instrument under which a shareholder transfers or divests shares to give effect to a transaction under which a company buys back its own shares is a conveyance of the shares. (2) This section-- (a) applies to an instrument whether created or executed before or after the commencement of this section; and (b) applies whether the transfer or divestiture of shares occurred before, or occurs after, the commencement of this section; but (c) does not apply in relation to redeemable preference shares unless they are bought back on terms other than those on which they were on issue. STAMP DUTIES ACT 1923 - SECT 85 85--Exempt transactions No duty is payable under this Act in relation to an exempt transaction. STAMP DUTIES ACT 1923 - SECT 86 86--Financial products liable to duty (1) This section applies to a conveyance or conveyance on sale of a financial product only where-- (a) the financial product is-- (i) a financial product of a company that, under the Corporations Act 2001 of the Commonwealth, is taken to be registered in the State; or (ii) a financial product of a foreign company; or (iii) a unit of a unit trust scheme; and (b) the conveyance is not an exempt transaction. (2) Subject to section 87, a conveyance or conveyance on sale of a financial product to which this section applies is only liable to duty if the financial product is-- (a) a financial product of a relevant company; or (b) a unit of a unit trust scheme the principal register of which is situated in this State; or (c) a unit of a unit trust scheme in relation to which no register exists in Australia and-- (i) having as the manager of the scheme a relevant company or a natural person principally resident in this State; or (ii) not having a manager but with a trustee that is a relevant company or a natural person principally resident in this State. STAMP DUTIES ACT 1923 - SECT 87 87--Proclaimed countries (1) No duty is payable under this Act in respect of a conveyance or conveyance on sale of a financial product that is registered on a register kept within a proclaimed country. (2) The Governor may, by proclamation, declare any country to be a proclaimed country for the purposes of this section and may, by subsequent proclamation, vary or revoke any such proclamation. (3) This section does not operate to exempt a transaction from duty under Part 4. STAMP DUTIES ACT 1923 - SECT 88 88--Transfer of financial products not to be registered unless duly stamped (1) A transfer of a financial product to which section 86 applies must not be registered by the corporation, company or society by which the financial product was issued-- (a) unless a proper instrument of transfer has been delivered to the corporation, company or society in which, in the case of a transfer by way of sale, the consideration for the financial product is expressed in terms of money and the actual date of sale and the date or dates of execution by the transferor and transferee are set out; and (b) unless the instrument is duly stamped under this Act or is, under subsection (3), taken to have been duly stamped. (2) Despite any other provision of this Act, if financial products are transferred pursuant to a takeover scheme, the Commissioner may, if the Commissioner thinks it expedient to do so, on payment of the duty payable in respect of the instruments of transfer, denote payment of the duty on a statement in the approved form. (3) If payment of duty is denoted on a statement pursuant to subsection (2), each instrument of transfer to which the statement relates will be taken to have been duly stamped. (4) After a transfer of a financial product has been registered by a corporation, company or society in this State, the instrument of transfer must be retained in this State by the corporation, company or society for a period of not less than 5 years. (5) If a corporation, company or society contravenes or fails to comply with any of the provisions of this section, the corporation, company or society is guilty of an offence. Maximum penalty: $10 000. (6) The right or title of a transferee or subsequent holder of a financial product is not invalidated by reason only that the transfer of the financial product was registered by a corporation, company or society in contravention of the provisions of this section. STAMP DUTIES ACT 1923 - SECT 91 91--Interpretation (1) In this Part-- "asset" includes any form of property; "associate"--see subsection (4); "close personal relationship" means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include-- (a) the relationship between a legally married couple; or (b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind; Note-- Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them. "constituent documents" of a private entity means-- (a) for a private company--its constitution; or (b) for a unit trust scheme--the instruments constituting or governing the administration of the scheme; "corresponding law" means a law of another State, or a Territory, of the Commonwealth that imposes duties corresponding to those imposed by this Act; "direct interest"--see section 92(1); "executive officer" of a company has the same meaning as in the Corporations Act 2001 of the Commonwealth; "group" means a group of associates; "hold"--a person "holds" a share or unit in a private entity if the person-- (a) is registered as the holder; or (b) is beneficially entitled to the share or unit; or (c) controls the exercise of rights attached to the share or unit; "indirect interest"--see section 92B; "land asset" and "local land asset"--see section 91A; "local primary production land asset" means a local land asset consisting of an interest in land that is used for the business of primary production; "notional interest"--see section 93; "primary production entity"--a private entity is a primary production entity if the unencumbered value of the entity's underlying local primary production land assets exceeds 50 per cent of the unencumbered value of its total underlying local land assets; "private company" means-- (a) a company that is limited by shares but whose shares are not quoted on a recognised financial market; or (b) a company that is not limited by shares, but does not include a company excluded from the ambit of this definition by the regulations; "private entity" means a private company or a private unit trust scheme; "private trust" means a trust other than one in which the public is (or has been) invited to invest; "private unit trust scheme" means-- (a) a unit trust scheme in which less than 50 persons hold units; or (b) a unit trust scheme in which 50 or more persons hold units if 20 or fewer persons hold 75 per cent or more in number or value of the units on issue, but does not include a unit trust scheme that is an approved deposit fund or a pooled superannuation trust within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwth); "proportionate interest" in a private entity means-- (a) for a person or group that has a direct or indirect interest in the entity--the percentage representing the extent of that interest; or (b) for a person or group that has both a direct and an indirect interest in the entity--an aggregate percentage representing the extent of both those interests; "related"--see section 92A; "relative" of a person means a spouse, domestic partner, brother, sister, parent or child of the person; "significant interest" in a private entity means a proportionate interest in the entity of 50 per cent or more; "underlying"--the underlying assets (or a particular class of underlying assets) of a private entity include both the assets (or assets of the relevant class) held beneficially by the private entity and its notional interests in the assets (or assets of the relevant class) of related entities; "unit" in a unit trust scheme means-- (a) a right to participate in profits, income or distribution of assets under the scheme; or (b) a right to any such right of participation; "unit trust scheme" means an arrangement under which investors may acquire rights to participate, as beneficiaries under a trust, in profits, income or distribution of assets arising from the acquisition, holding, management, use or disposal of property; "winding up"--a unit trust scheme is wound up if the assets subject to the scheme are distributed in their entirety. (2) Property is taken to be held beneficially by a unit trust scheme if it is held by the trustees of the scheme in trust for the unitholders. (3) A private entity or other person that is an object of a discretionary trust is to be regarded, for the purposes of this Part, as beneficially entitled to the trust property unless-- (a) the private entity or other person satisfies the Commissioner that this subsection operates unreasonably in the circumstances of the particular case; and (b) the Commissioner determines that the private entity or other person is not, in the circumstances of the particular case, to be regarded as beneficially entitled to the trust property. (4) A person is an "associate" of, or "associated" with, another if-- (a) they are married or in a close personal relationship; or (b) one is the parent, child, brother or sister of the other; or (c) they are in partnership; or (d) they are private companies which are related bodies corporate for the purposes of the Corporations Act 2001 of the Commonwealth; or (e) one is a private company and the other is a director or executive officer of, or shareholder in, the company; or (f) they are both trustees of a private trust or one is a trustee of a private trust and the other is a beneficiary of the private trust; or (g) a chain of relationships can be traced between them under one or more of the above paragraphs, (but a person is not to be regarded as an associate of another if the Commissioner is satisfied that the association has not arisen as a result of a common commercial interest or purpose and they will act entirely independently of each other). (5) An obligation or liability imposed under this Part on a unit trust scheme attaches to the trustees for the time being of the scheme jointly and severally. (6) An obligation or liability imposed under this Part on a group attaches to the members of the group jointly and severally. STAMP DUTIES ACT 1923 - SECT 91A 91A--Land assets (1) A "land asset" is an interest in land (including a right to explore for minerals, petroleum or other substances on land or to recover minerals, petroleum or any other substance from land), other than-- (a) a mortgage, lien or charge; or (b) an interest under a warrant or writ. (2) A "local land asset" is a land asset consisting of an interest in land in South Australia. (3) A private entity's interest in land will be taken to include an interest in anything fixed to the land, including anything separately owned from the land. (4) However, if the Commissioner is satisfied that, at a relevant time, it was not part of an arrangement to avoid duty under this Part that property was separately owned from the land, the Commissioner may determine that a private entity's interest in the land did not include an interest in the property. STAMP DUTIES ACT 1923 - SECT 92 92--Direct interests (1) A person has a "direct interest" in a private entity if the person holds a share or unit in the private entity. (2) A direct interest that a person or group has in a private entity is to be expressed as a proportionate interest. (3) The "proportionate interest" is the highest of the following: (a) a percentage representing the proportion of votes that the person or members of the group would be entitled to exercise (or control) at a general meeting of shareholders or unitholders assuming that all shareholders or unitholders exercised their voting rights; (b) a percentage representing the extent the person or members of the group are entitled to participate in dividends or distributions of income; (c) a percentage representing the extent to which the person or members of the group would be entitled to participate in the distribution of assets on a winding up of the private entity. (4) The proportionate interest of a person or group in a private entity is to be determined as if any power that the person has, or the members of the group or any of them have, to increase the extent of an interest (by varying the constituent documents of the private entity or in any other way) had been exercised so as to maximise the relevant interest in the private entity. STAMP DUTIES ACT 1923 - SECT 92A 92A--Related entities (1) Two private entities are "related entities" if-- (a) one has a direct interest in the other; or (b) a series of such relationships can be traced between them through another or other related entities ("intermediate entities). (2) If a private entity is related to another private entity by a relationship traced through an intermediate entity or intermediate entities, the private entity's proportionate interest in the other is calculated by multiplying the relevant fractions together and expressing the result as a percentage. Example-- Entity A (a private company) holds a 75 per cent proportionate interest in entity B (a private unit trust scheme) which in turn holds a 50% proportionate interest in entity C (a private company). In this case the proportionate interest of entity A in entity C (insofar as it is traced through entity B) is 37.5 per cent. STAMP DUTIES ACT 1923 - SECT 92B 92B--Indirect interests (1) If a person or group has a direct interest in a private entity (entity A) which is related to another private entity (entity B), the person or group has an "indirect interest" in entity B. (2) An indirect interest that a person or group has in a private entity is to be expressed as a proportionate interest. (3) The proportionate interest is calculated by multiplying together-- (a) a fraction representing the proportionate interest of the person or group in entity A; and (b) a fraction representing entity A's proportionate interest in entity B, and expressing the result as a percentage. Example-- X holds a proportionate interest of 33⅓% in entity A (a private company) which in turn holds a 75% proportionate interest in entity B (a private unit trust scheme) which in turn holds a 50% proportionate interest in entity C (a private company). In this case the X's indirect interest in entity C is to be expressed as a proportionate interest of 12.5%. STAMP DUTIES ACT 1923 - SECT 93 93--Notional interest in assets of related entity (1) A private entity has a notional interest in an asset held beneficially by a related entity if-- (a) the private entity holds a significant interest in the related entity; or (b) a chain of significant interests can be traced between the private entity and the related entity. Example-- Entity A holds a 75% proportionate interest in entity B which in turn holds a 60% proportionate interest in entity C which in turn holds a 40% proportionate interest in entity D. In this case entity A has a notional interest in the assets held beneficially by entity B and entity C but not in the assets held by entity D. (2) The value of the notional interest is calculated as follows: Where-- "V""1" is the unencumbered value of the asset; "P" is a fraction representing the proportionate interest of the private entity in the related entity. STAMP DUTIES ACT 1923 - SECT 94 94--Land rich entity (1) A private entity is a "land rich entity" if-- (a) the unencumbered value of the underlying local land assets of the private entity and associated private entities is $1m or more; and (b) the unencumbered value of the entity's underlying land assets comprises-- (i) in the case of a primary production entity--80 per cent or more; and (ii) in any other case--60 per cent or more, of the unencumbered value of the entity's total underlying assets. (2) In determining the unencumbered value of a private entity's total underlying assets, assets of the following classes are to be excluded from consideration-- (a) money in cash or on deposit with a financial institution; (b) negotiable instruments; (c) shares or units in a related private entity; (d) contractual rights or interests other than-- (i) an interest in land arising from a contract or option to purchase the land; or (ii) a right or interest under a loan transaction that is to be taken into account under subsection (4); or (iii) a right or interest that is to be taken into account under subsection (5); (e) monetary entitlements from shareholders or unitholders under the terms on which shares or units were issued; (f) an asset of a class that is, under the regulations, to be excluded from consideration. (3) Further, in determining the value of a private entity's total underlying assets as at a particular time, any asset (other than a land asset) acquired by the entity or a related entity within the previous 2 years is to be excluded from consideration unless the private entity satisfies the Commissioner that the asset was not acquired solely or mainly for the purpose of avoiding duty under this Part. (4) A loan transaction is to be taken into account for the purposes of subsection (2)(d)(ii) unless-- (a) the loan is repayable on demand or within 12 months of the date of the loan; or (b) the loan is to a director, shareholder, trustee or beneficiary, or a relative of a director, shareholder, trustee or beneficiary, of the private entity or an associated private entity. (5) A right or interest is to be taken into account for the purposes of subsection (2)(d)(iii) if the Commissioner is satisfied that it was acquired in the course of the normal business of the entity and not as part of an arrangement to avoid duty under this Part. STAMP DUTIES ACT 1923 - SECT 95 95--General principle of liability to duty (1) A person or group that acquires a significant interest, or increases its significant interest, in a land rich entity notionally acquires an interest in the underlying local land assets of the entity and is liable to duty in respect of the notional acquisition. (2) The following transactions are therefore dutiable: (a) a transaction as a result of which a person or group has a significant interest in a land rich entity; or (b) a transaction as a result of which a person or group that has a significant interest in a land rich entity increases its significant interest in the entity. (3) A transaction is dutiable under this Part even though the person or group that has a significant interest, or increases its significant interest, in the land rich entity as a result of the transaction-- (a) is not a party to the transaction; or (b) has a passive role in the transaction. (4) For example, any of the following is capable of being a dutiable transaction: (a) an allotment of shares in a company or units in a unit trust scheme; or (b) the variation or abrogation of rights attaching to shares in a company or units in a unit trust scheme; or (c) the redemption, surrender or cancellation of shares in a company or units in a unit trust scheme. (5) However, if a private entity acquires a local land asset and, as a result of the acquisition, becomes a land rich entity, and conveyance duty is paid in respect of the transaction, the transaction is not dutiable under this Part. STAMP DUTIES ACT 1923 - SECT 95A 95A--Aggregation of interests (1) If a person or group acquires an interest in a land rich entity that, when aggregated with an interest in the entity acquired by another person as a result of an associated transaction on the same day or within the preceding 3 years, amounts to a significant interest in the entity, then for the purposes of this Part-- (a) the person or group acquires that significant interest in the entity; and (b) the person or group and any other person acquiring an interest in the entity as a result of the associated transaction are jointly and severally liable for the payment of duty in respect of the acquisition. (2) In this section-- "associated transaction", in relation to the acquisition of an interest in a land rich entity by a person or group, means an acquisition of an interest in the entity by another person in circumstances in which-- (a) those persons are acting in concert; or (b) the acquisitions form, evidence, give effect to or arise from substantially 1 arrangement, 1 transaction or 1 series of transactions. STAMP DUTIES ACT 1923 - SECT 95B 95B--Primary production entities (1) This section applies to a transaction whereby a person or group acquires a significant interest, or increases its significant interest, in a relevant primary production entity if the entity ceases within the period of 3 years following the acquisition or increase to be a primary production entity. (2) Duty is payable under this Part in respect of a transaction to which this section applies as if the entity had not been a primary production entity at the time at which the person or group acquired or increased the interest in the entity. (3) In this section-- "relevant primary production entity" means a primary production entity that is not a land rich entity under section 94(1) only because the unencumbered value of the entity's underlying land assets comprises less than 80 per cent of the unencumbered value of the entity's total underlying assets. STAMP DUTIES ACT 1923 - SECT 96 96--Value of notional interest acquired as a result of dutiable transaction (1) If a person or group has, as a result of a dutiable transaction, a significant interest in a land rich entity the value of the notional interest acquired in the entity's underlying local land assets is determined as follows: Where-- "NV" is the value to be of the notional interest acquired. "TV" is the total unencumbered value of all the entity's underlying local land assets. "P" is the fraction representing the proportionate interest of the person or group in the entity. (2) If a person or group that has a significant interest in a land rich entity increases its significant interest as a result of a dutiable transaction the value of the notional interest acquired in the entity's underlying local land assets is determined as follows: Where-- "NV" is the value to be ascertained. "TV" is the total unencumbered value of all the entity's underlying local land assets. "P""1" is the fraction representing the proportionate interest in the entity before the increase. "P""2" is the fraction representing the proportionate interest in the entity after the increase. STAMP DUTIES ACT 1923 - SECT 97 97--Calculation of duty (1) If the total unencumbered value of the entity's underlying local land assets is $1.5m or more, duty in respect of a transaction under which a person or group acquires a significant interest in a land rich entity is to be equivalent to the duty payable on a conveyance of land with an unencumbered value equivalent to the value of the acquirer's notional interest in the entity's underlying local land assets. (2) If the total unencumbered value of the entity's underlying local land assets is less than $1.5m, duty is to be calculated in accordance with the following formula: Where-- "D" is the amount of the duty. "TV" is the total unencumbered value of all the entity's underlying local land assets. "d""1" is the duty that would be payable if subsection (1) were applicable. "d""2" is the duty that would be payable in respect of a transaction for the acquisition of financial products with a dutiable value equivalent to the value of the notional interest. (3) Duty on a dutiable transaction under which a person or group increases its significant interest in a land rich entity is to be calculated as follows: Where-- "D" is the amount of the duty. "d""1" is the amount that would have been payable if the person or group had acquired the whole of its interest in a single transaction at the time of the increase. "d""2" is the amount that would have been payable if the person or group had acquired its pre-existing interest in a single transaction at the time of the increase. (4) However, if any part of a significant interest in a land rich entity was acquired by the relevant person or group more than 3 years before the date of a dutiable transaction (the "earlier acquisition"), the duty calculated under the above provisions is to be rebated by a percentage representing the extent of the earlier acquisition as a proportion of the significant interest as a whole. (5) If a person or group acquires or increases a significant interest in a land rich entity through the acquisition of financial products or units in a private unit trust scheme and duty has been paid under this Act or a corresponding law in respect of the transaction for the acquisition of the financial products or units, the duty calculated under this section is to be reduced by the amount of the duty paid. STAMP DUTIES ACT 1923 - SECT 98 98--Acquisition statement (1) Subject to subsection (1a), if a dutiable transaction occurs, the person or group that acquires or increases its significant interest in the land rich entity must, within 2 months after the date of the dutiable transaction-- (a) lodge a return with the Commissioner; and (b) pay the relevant amount of duty. Maximum penalty: $10 000. (1a) A person or group that acquires or increases an interest in an entity by virtue of a transaction to which section 95B applies must, within 2 months after the date on which the entity ceases to be a primary production entity-- (a) lodge a return with the Commissioner that specifies, in addition to the information required by subsection (2)-- (i) that the entity has ceased to be a primary production entity; and (ii) the date on which the cessation occurred; and (b) pay the relevant amount of duty. Maximum penalty: $10 000. (2) The return must contain the following information: (a) the name and address of the person, or the name and address of each member of the group, that has the significant interest or has increased its significant interest as a result of the transaction; and (b) the date of the transaction; and (c) particulars of-- (i) the interest acquired as a result of the transaction; and (ii) any other interests held and the dates and circumstances of their acquisition; and (iii) the underlying land assets and the underlying local land assets of the land rich entity as at the date of the transaction; and (iv) the underlying assets of the land rich entity as at the date of the transaction; and (v) amounts of duty paid under this Act or a corresponding law in relation to the acquisition of the significant interest in the land rich entity; and (d) other information required by the Commissioner. STAMP DUTIES ACT 1923 - SECT 99 99--Recovery from entity (1) If a person or group fails to pay duty as required under this Part, the Commissioner may recover the duty, as a debt, from the relevant private entity. (2) Instead of, or as well as, proceeding against the private entity for recovery of duty as a debt, the Commissioner may register a charge on any of its land for the amount of the unpaid duty. (3) The Commissioner must give written notice of the registration of a charge under this section to-- (a) the registered proprietor of the land; and (b) the person in default, or each member of the group in default. (4) If the duty remains unpaid 6 months after the registration of the charge, the Commissioner may apply to the District Court for an order for the sale of the land. (5) On an application under subsection (4), the Court may make an order for sale of the land by public auction and, in that event, the proceeds of sale are to be applied as follows: (a) firstly--in payment of the costs of the sale and other costs of proceeding under this section; and (b) secondly--in discharging liabilities secured by an instrument registered in priority to the registered charge; and (c) thirdly--in discharging the liability to duty; and (d) fourthly--in discharging other liabilities as directed by the Court; and (e) fifthly--in payment to the registered proprietor of the land immediately before the completion of the sale. (6) If the Commissioner recovers duty under this section, the private entity may recover the amount paid to, or recovered from, the entity from the person or persons principally liable for the payment of the duty. STAMP DUTIES ACT 1923 - SECT 100 100--Valuation of interest under contract or option to purchase land If an interest in land consists of an interest arising under a contract or option to purchase the land, the interest is to be valued, for the purposes of this Part, by subtracting from the market value of the land the amount that the purchaser under the contract or the holder of the option would be required to pay in order to complete the purchase. STAMP DUTIES ACT 1923 - SECT 101 101--Exempt transactions (1) A transaction under which a person or a group acquires an interest in a land rich entity is exempt from duty under this Part if it takes place in circumstances in which a conveyance of an interest in the underlying local land assets would not attract ad valorem duty. Example-- Suppose that A is entitled under the will of B to 60% of the shares in X Pty Ltd, a land rich entity, owning land in the State valued at $2m. A's acquisition of the shares on distribution of the estate is exempt from duty because a conveyance of the land itself would, if it occurred in these circumstances (ie on distribution of the estate), be exempt from ad valorem duty. (2) The following transactions are exempt from duty under this Part: (a) an acquisition of an interest in a land rich entity that takes place under a compromise or arrangement approved by a court under Part 5.1 of the Corporations Act 2001 of the Commonwealth; (b) a transaction exempted by regulation from duty under this Part. STAMP DUTIES ACT 1923 - SECT 102 102--Multiple incidences of duty (1) If it is possible under this Part to assess the incidence of duty in different ways in respect of the same transaction, duty will be assessed so as to maximise the return to the revenue but not so as to extend the incidence of duty beyond a single person or group identified in the assessment. (2) If a person or a group acquires a significant interest in a land rich entity, and another person or group later acquires a significant interest in the land rich entity without diminishing the former significant interest, the Commissioner may, if satisfied that it is just and equitable to do so, exempt the later acquisition, wholly or partly, from duty under this Part. Example-- Suppose the shares of X Pty Ltd, a land rich entity, are divided into Class A and Class B. The Class A shares confer rights to dividends but no rights to share in the distribution of assets on winding up of the company. The Class B shares confer no rights to dividends but do confer rights to share in the distribution of assets on the winding up of the company. Suppose that A acquires all the Class A shares and pays duty under this Part on the acquisition of a significant interest in the company. Suppose that B then acquires all the Class B shares. In this case, the Commissioner could, if satisfied that it would be just and equitable to do so, grant relief under the above subsection. (3) If a group acquires a significant interest in a land rich entity as a result of a dutiable transaction, and a person or group that is a member or subgroup of the group acquires that significant interest from the group, the Commissioner may, if satisfied that it is just and equitable to do so, exempt the later acquisition, wholly or partly, from duty under this Part. STAMP DUTIES ACT 1923 - SECT 103 103--Abolition of duty on rental business (1 July 2009) (1) No liability to duty arises in relation to an amount received in respect of rental business (within the meaning of Part 3 Division 2) after 30 June 2009. (2) Despite the provisions of Part 3 Division 2, registration under that Division is not required or to be granted on or after 22 July 2009 and the registration of a person who is registered immediately before 22 July 2009 is to be taken to have been cancelled on that date. (3) For the avoidance of doubt, a person is not entitled to a refund of duty paid in relation to an amount received in respect of rental business before 1 July 2009 only because the contract or agreement under which the amount was received expires on or after that date. STAMP DUTIES ACT 1923 - SECT 104 104--Abolition of duty on mortgages (1 July 2009) (1) No liability to duty arises under Schedule 2 clause 11 in relation to-- (a) a mortgage, bond, debenture, covenant or warrant of attorney executed, or that first affects property in this State, on or after 1 July 2009; or (b) a mortgage executed, or that first affects property in this State, before 1 July 2009 if no advance secured under the mortgage is made before that day; or (c) an advance or further advance on or after 1 July 2009 under a mortgage executed, or that first affects property in this State, before that day. (2) Despite section 16, if a mortgage, bond, debenture, covenant or warrant of attorney executed before 1 July 2009 but produced to the Commissioner for the purpose of being stamped on or after that day is dutiable under Schedule 2 clause 11, the duty will be calculated according to the rates in force as at the day on which the instrument became liable to duty (or further duty). STAMP DUTIES ACT 1923 - SECT 106 106--Spoiled or unused stamps (1) Subject to any regulations made under this Act, the Commissioner may, on the application of any person in possession of stamps or stamped material unused or rendered useless by being inadvertently spoiled, give to that person, in lieu of the stamps or stamped material so spoiled or unused, other stamps (of the same or another denomination) of the same value or, at his discretion, money of the same value, deducting the proper allowance on purchase of stamps of the same description; but the Commissioner may, if he thinks it just to do so, refrain from making any such deduction. (2) For the purposes of Part 4 of the Taxation Administration Act 1996-- (a) an application under this section is to be taken to be an application for a refund; and (b) the giving of stamps or money under this section is to be taken to be the making of a refund. (3) In this section-- "stamp" includes an adhesive stamp purchased or otherwise obtained from the Commissioner or a distributor of stamps under this Act before the commencement of Part 5 of the Statutes Amendment and Repeal (Taxation Administration) Act 2008; "stamped" includes having an adhesive stamp affixed before the commencement of Part 5 of the Statutes Amendment and Repeal (Taxation Administration) Act 2008. STAMP DUTIES ACT 1923 - SECT 107 107--Transfer of property to correct error (1) If the Commissioner is satisfied, on application by a party to an instrument submitted for stamping, that the sole purpose of the instrument is to reverse or correct a disposition of property resulting from an error in an earlier instrument, the Commissioner may grant relief from stamp duty under this section. (2) The Commissioner may require the applicant to provide such information (verified if the Commissioner thinks fit by statutory declaration) as the Commissioner thinks necessary to decide the application. (3) If the Commissioner grants relief from stamp duty under this section, the duty chargeable on the instrument is the amount (if any) by which the duty that would have been paid on the earlier instrument if it had been correctly made in the first instance exceeds the amount of duty actually paid on that instrument. STAMP DUTIES ACT 1923 - SECT 108 108--Penalties for certain offences (1) Any person who-- (a) forges any die or stamp; (b) impresses any material with a forged die; (c) cuts, tears or in any way removes from any material any stamp with intent to make fraudulent use of the stamp or of any part thereof; (d) mutilates any stamp with intent to make fraudulent use of any part thereof; (e) fraudulently fixes or places upon any material, or upon any stamp, any stamp or part of a stamp which has been cut, torn or in any way removed from any other material or out of or from any other stamp; (f) erases or otherwise removes from any stamped material any name, sum, date or other matter or thing therein written with the intent that any fraudulent use should be made of the stamp upon the material; (g) knowingly sells or exposes for sale, or utters or uses, any forged stamp; (h) knowingly and without lawful excuse (the proof of which lawful excuse shall lie on the person accused) has in his possession any forged die or stamp, or any stamp or part of a stamp which has been fraudulently cut, torn or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date or other matter or thing has been fraudulently erased or otherwise removed, shall be guilty of an offence and liable to imprisonment for a term of not less than one year and not more than seven years. (2) Any person who causes to be done, or knowingly assists in doing, any of the acts mentioned in subsection (1)(a) to (h) shall be deemed to be guilty of the principal offence and shall be punishable accordingly. STAMP DUTIES ACT 1923 - SECT 111 111--Remedy for misappropriation (1) The Supreme Court may, upon application by, or on behalf of, the Commissioner, grant a rule requiring any person who has received money payable by way of duty, or the executor or administrator of any such person, to show cause why he should not deliver to the Commissioner an account upon affidavit of any duty or sum of money received by that person, executor or administrator and why it should not be forthwith paid to the Commissioner. (2) The Court may make absolute such a rule and enforce by attachment or otherwise the payment of any such duty or sum of money as appears to be due, together with costs. STAMP DUTIES ACT 1923 - SECT 112 112--Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may-- (a) be of general or limited application; and (b) require the use of forms approved by the Commissioner for documents required or authorised to be used for the purposes of this Act or the regulations; and (c) leave any other matter to be determined, varied or regulated according to the discretion of the Commissioner; and (ca) prescribe fines, not exceeding $2 000, for offences against the regulations; and (d) make different prescriptions according to prescribed circumstances. STAMP DUTIES ACT 1923 - SECT 114 114--Exemption from stamp duty (1) The Governor may, by proclamation, exempt any body or authority established by statute from the payment of duty under this Act. (2) The Governor may, by subsequent proclamation, vary or revoke a proclamation under this section. STAMP DUTIES ACT 1923 - SCHEDULE 1 Schedule 1--Transitional provisions 1--Commencement of consequential regulations Regulations under this Act that are consequential on the amendments made to this Act by the Statutes Amendment (Financial Institutions) Act 1999 or are consequential on the Cheques and Payment Orders Amendment Act 1998 of the Commonwealth may come into operation on 1 December 1998 or on any subsequent day occurring before the regulations were made. 2--No refund of duty on cheque forms Despite any other provision of this Act or the Taxation Administration Act 1996, no refund of duty on cheque forms is allowed. STAMP DUTIES ACT 1923 - SCHEDULE 2 Schedule 2--Stamp duties and exemptions Note-- No liability to duty arises in relation to the following: * a mortgage, bond, debenture, covenant or warrant of attorney executed, or that first affects property in South Australia, on or after 1 July 2009; * a mortgage executed, or that first affects property in South Australia, before 1 July 2009 if no advance secured under the mortgage is made before that day; * an advance or further advance on or after 1 July 2009 under a mortgage first executed, or that first affects property in South Australia, before that day. See Part 4A Division 2. Part 1--Specified instruments 1--Annual licence application or monthly return (1) Annual licence application or monthly return to be lodged by any company, person or firm of persons, whether corporate or unincorporate, which carries on or proposes to carry on in South Australia any life, personal accident, fire, fidelity, guarantee, livestock, plate glass, marine or other assurance or insurance business and whether the head office or principal place of business of that company, person or firm is in South Australia or elsewhere-- (a) in the case of an annual licence application where the company, person or firm has received or in any manner charged in account (whether directly or by agents) premiums relating to life insurance within the period of 12 months preceding the year for which the licence is to be taken out--for every $100 or fractional part of $100 of those premiums $1.50 (ab) in the case of a monthly return where the company, person or firm has received or in any manner charged in account (whether directly or by agents) premiums relating to policies of any kind (other than life insurance policies) within the month preceding the month in which the return is required to be lodged--for every $100 or fractional part of $100 of those premiums $11.00 (b) where the company, person or firm has not, prior to applying for an annual licence, transacted any assurance or insurance business-- (i) if the annual licence is required for the full period of twelve months $100.00 (ii) if the annual licence is required for a shorter period than twelve months, a proportionate part of $100.00 (2) For the purposes of this item, subject to the exemptions in subclause (3)-- (a) the premiums referred to in subclause (1)(a) are net premiums and shall be counted so as to exclude any amount in respect of stamp duty on the annual licence application received or charged on or after 1 January, 1986, any commission or discount and any portion of those premiums actually paid by way of reinsurance effected in South Australia with any other such company, person or firm; and (b) in the case of an application for an annual licence to be taken out for the year commencing on 1 January, 1987, or a subsequent year, the amount of any premiums refunded during the period of 12 months preceding the year for which the annual licence is to be taken out (whether those premiums were received during that preceding period or earlier) shall be deducted from the amount of the premiums referred to in subclause (1)(a); and (c) the premiums referred to in subclause (1)(ab) must be counted so as to exclude any amount in respect of stamp duty received or charged on or after 1 January 1986, and any portion of those premiums actually paid by way of reinsurance effected in South Australia with any other such company, person or firm; and (d) in the case of a monthly return, there must be deducted from the amount of the premiums referred to in subclause (1)(ab) the amount of any refunds in respect of premiums (whenever received) made after the end of the month in respect of which duty was last paid under this item by the company, person or firm and before the commencement of the month in which the return is required to be lodged; and (e) no premiums received by any such company, person or firm for insurance risks outside South Australia, except life and personal accident insurance risks outside South Australia, shall be counted; and (f) in the case of a life insurance policy, any amount that is paid on or after 1 January, 1986, from an account established for investment to an account established for insurance of a risk shall be deemed to be a premium received under that policy for insurance of that risk; and (g) the duty in respect of any one licence under subclause (1)(a) shall not in any case be less than $100. (3) Exemptions 1. Premiums received or charged under any private guarantee fidelity insurance scheme promoted amongst and sustained solely for the benefit of the officers and servants of any particular public department, company, person or firm and not extended, either directly or indirectly, beyond such officers and servants. 2. Premiums received or charged under any scheme referred to in exemption 1 promoted amongst and sustained solely for the benefit of the officers and members of any friendly society or branch thereof and not extended, either directly or indirectly, beyond such officers and members. 3. Any premium or portion of a premium received or charged on or after 1 January, 1986, under a life insurance policy in respect of investment and not in respect of any risk insured by the policy. 4. Any premium received or charged under a policy in respect of a life or personal accident insurance risk where the principal place of residence of the policy owner is in the Northern Territory and the policy is registered in a registry kept in the Northern Territory pursuant to the Life Insurance Act 1945 of the Commonwealth. 5. Any premium or portion of a premium received or charged on or after the first day of January, 1985, under a policy of workers compensation insurance where the premium or portion is referable to insurance against liability to pay workers compensation in respect of workers under the age of 25 years. 6. Any premium or portion of a premium received or charged on or after the first day of January, 1985, under a policy of insurance by a registered medical benefits organisation within the meaning of the National Health Act 1953 of the Commonwealth where the premium or portion is referable to insurance against medical, dental or hospital expenses. 7. Any premium or portion of a premium received or charged on or after 1 January, 1986, under any life insurance policy, being a policy for the payment of an annuity to the person insured. 8. Any premium or portion of a premium received or charged on or after 1 November, 1986, in respect of the insurance of the hull of a marine craft used primarily for commercial purposes or in respect of the insurance of goods carried by railway, road, air or sea or of the freight on such goods. 2--Application to register or transfer registration of motor vehicle (1) Application to register or transfer the registration of a motor vehicle--component payable in respect of registration-- (a) where the value of the motor vehicle (not being a commercial motor vehicle or a trailer)-- (i) does not exceed $1 000--for every $100 or fractional part of $100 of that value $1.00 (ii) exceeds $1 000, but does not exceed $2 000 $10.00 plus $2.00 for every $100 or fractional part of $100 of the excess over $1 000 of that value (iii) exceeds $2 000, but does not exceed $3 000 $30.00 plus $3.00 for every $100 or fractional part of $100 of the excess over $2 000 of that value (iv) exceeds $3 000 $60.00 plus $4.00 for every $100 or fractional part of $100 of the excess over $3 000 of that value (b) where the value of the motor vehicle (being a commercial motor vehicle or a trailer)-- (i) does not exceed $1 000--for every $100 or fractional part of $100 of that value $1.00 (ii) exceeds $1 000, but does not exceed $2 000 $10.00 plus $2.00 for every $100 or fractional part of $100 of the excess over $1 000 of that value (iii) exceeds $2 000 $30.00 plus $3.00 for every $100 or fractional part of $100 of the excess over $2 000 of that value (c) if the application is not exempt from duty but the amount of the duty would, apart from this paragraph, be less than $5, the component in respect of registration is to be $5. (2) Exemptions from component payable under subclause (1) in respect of registration 1. Any application to register a motor vehicle made by a person who carries on the business of selling motor vehicles if the application is made by that person for the purpose of selling the motor vehicle to which the application relates to another person in the ordinary course of that business or for the purpose of demonstrating such motor vehicle to prospective purchasers thereof and such motor vehicle has not been previously registered (whether in this State or elsewhere in the Commonwealth). 2. Any application to register a motor vehicle that has been previously registered (whether in this State or elsewhere in Australia) or any application to transfer the registration of a motor vehicle that has been previously registered (whether in this State or elsewhere in Australia) to a dealer if the application is being made by that dealer for the purpose of the resale by him to another person of the motor vehicle to which the application relates and the resale is in the ordinary course of the business of the dealer. 3. Any application to register a motor vehicle or to transfer the registration of a motor vehicle made by a person or body who or which is entitled to registration, without fee, of the vehicle to which the application relates. 4. Any application to register or to transfer the registration of a trailer that is not a heavy vehicle. 5. Any application to register a motor vehicle or to transfer the registration of a motor vehicle made by the Crown or by any statutory body or authority which holds its assets for and on account of the Crown or by any person on behalf of the Crown or of any such body or authority. 6. Any application to register a motor vehicle or to transfer the registration of a motor vehicle to the extent that ad valorem stamp duty has already been paid, or is payable, on another instrument by which or by virtue of which the property in the motor vehicle was, or will be, legally or equitably transferred to, or vested in, the applicant. 7. Any application to register or to transfer the registration of a motor vehicle made by an executor or administrator of, or by any person administering the estate of, a deceased person if the application is made only for the purpose of the transfer of the motor vehicle to a person beneficially entitled thereto or for the purpose of the sale of the motor vehicle in the course of winding up the estate. 8. Any application to transfer the registration of a motor vehicle made by an owner who has repossessed that motor vehicle pursuant to a hire-purchase agreement or made by an owner in pursuance of the return of the motor vehicle to that owner by the hirer voluntarily where the vehicle is the subject of a hire-purchase agreement or upon the termination of a hiring agreement (not being a hire-purchase agreement). 9. Any application to register or to transfer the registration of a motor vehicle in which seating for not less than twelve adult passengers is provided and which is to be used solely or predominantly for the carriage of passengers for hire or reward. 10. Any application to register a motor vehicle in, or to transfer the registration of a motor vehicle to, the name of a council as defined in the Local Government Act 1999 or a subsidiary of a council under that Act. 10A. Any application to register a motor vehicle where the vehicle is to be conditionally registered under section 25 of the Motor Vehicles Act 1959 and the application is of a class declared by regulation under that Act to be exempt from stamp duty. 11. Any application to register a motor vehicle in, or transfer the registration of a motor vehicle to, the name of a person who-- (a) is entitled under section 38 of the Motor Vehicles Act 1959 to have the motor vehicle registered at a reduced registration fee; and (b) is not enjoying the benefit of this exemption in respect of any other motor vehicle currently owned by the person. 12. Any application to register a motor vehicle in, or to transfer the registration of a motor vehicle to, the name of a person who satisfies the Registrar of Motor Vehicles-- (a) that he is licensed under the law of another State or Territory of the Commonwealth to carry on the business of buying, selling or exchanging second-hand or used motor vehicles; and (b) that the application is being made by that person for the purpose of the resale by him to another person of the motor vehicle to which the application relates; and (c) that such resale is in the ordinary course of the business of that person. 13. Any application to register a motor vehicle in, or to transfer the registration of a motor vehicle to, the name of a person who satisfies the Registrar of Motor Vehicles-- (a) that he is the owner of the motor vehicle; and (b) that, in consequence of the loss by him of the use of one or both of his legs, he is permanently unable to use public transport; and (c) that the motor vehicle will be wholly or mainly used for transporting himself; and (d) that he is not enjoying the benefit of this exemption in respect of any other motor vehicle currently owned by him. 14. Any application to register a motor vehicle in, or to transfer the registration of a motor vehicle to, the name of a person who satisfies the Registrar of Motor Vehicles-- (a) that the motor vehicle is the subject of a hire-purchase agreement; and (b) that he is a person to whom the hirer's rights under the agreement have passed by assignment, but, if ad valorem stamp duty has already been paid in respect of the assignment of such rights on the instrument by which, or by virtue of which, such rights were assigned, this exemption shall apply only to the extent of the amount of such duty so paid. 15. Any application to register a motor vehicle where the vehicle was not, immediately before the date on which the application is made, conditionally registered under section 25 of the Motor Vehicles Act 1959 and-- (a) immediately before the date on which the application is made, the motor vehicle was registered in the name of the applicant (and not in the name of any other person) under the law of this State; or (b) the applicant satisfies the Registrar of Motor Vehicles that, immediately before the date on which the application is made-- (i) the motor vehicle was registered in the name of the applicant (and not in the name of any other person) under the law of another State or a Territory of the Commonwealth; and (ii) the applicant-- (A) was a resident of that State or Territory; or (B) carried on a business in that State or Territory. 16. Any application to register a motor vehicle in, or to transfer the registration of a motor vehicle into, the name of the East Torrens County Board of Health constituted under the Health Act 1935. 17. Any application to transfer the registration of a motor vehicle made by a mortgagee-- (a) who has, in accordance with the Consumer Transactions Act 1972, taken possession of the motor vehicle in pursuance of a consumer mortgage; or (b) to whom the motor vehicle has been voluntarily returned by the mortgagor in pursuance of the Consumer Transactions Act 1972. 18. Any application to register or to transfer the registration of a tractor or item of agricultural machinery owned by a primary producer. 19. An application to register a motor vehicle in, or to transfer the registration of a motor vehicle into, the name of a beneficiary of the estate of a deceased person in order to give effect to the provisions of a will or the rules of intestacy. (3) Application to register or transfer the registration of a motor vehicle--component payable in respect of policy of insurance where the application is for registration of the vehicle for a period of-- (a) less than 12 months (for each 3 months or part of each 3 months in the period of registration) $15.00 (b) 12 months $60.00 (4) Exemptions from component payable under subclause (3) in respect of a policy of insurance 1. Policy of insurance where the application for registration is made by a person or body who or which is entitled to registration of the motor vehicle to which the application relates without fee. 2. Policy of insurance where the application is for registration of a trailer that is not a heavy vehicle. 3. Policy of insurance where the application for registration is made by the Crown or by any statutory body or authority which holds its assets for and on account of the Crown or by any person on behalf of the Crown or of any such body or authority. 4. Policy of insurance where the application is for registration of a motor vehicle in which seating for not less than twelve adult passengers if provided and which is used solely or predominantly for the carriage of passengers for hire or reward. 5. Policy of insurance where the application for registration is made by a council as defined in the Local Government Act 1999 or a subsidiary of a council under that Act. 5A. Policy of insurance where the motor vehicle is to be conditionally registered under section 25 of the Motor Vehicles Act 1959 and the application for registration is of a class declared by regulation under that Act to be exempt from stamp duty. 6. Policy of insurance where the application for registration is made by a person who-- (a) is entitled under section 38 of the Motor Vehicles Act 1959 to have the motor vehicle registered at a reduced registration fee; and (b) is not enjoying the benefit of this exemption in respect of any other motor vehicle currently owned by the person. 7. Policy of insurance where the application for registration is made by a person who satisfies the Registrar of Motor Vehicles-- (a) that he is the owner of the motor vehicle; and (b) that, in consequence of the loss by him of the use of one or both of his legs, he is permanently unable to use public transport; and (c) that the motor vehicle will be wholly or mainly used for transporting himself; and (d) that he is not enjoying the benefit of this exemption in respect of any other motor vehicle currently owned by him. 8. Policy of insurance where the application for registration is made by a person who satisfies the Registrar of Motor Vehicles-- (a) that he is the owner of the motor vehicle; (b) that he is entitled as the holder of-- (i) a State concession card issued by the Department of Community Welfare; or (ii) a pensioner entitlement card issued under any Act or law of the Commonwealth, to travel on public transport in this State at reduced fares. 3--Conveyance or transfer on sale of property not otherwise charged (1) Conveyance or transfer on sale of any property (not otherwise charged), including contract or agreement for sale-- (a) in the case of the sale of a financial product that is not quoted on a recognised financial market--for every $100 and any fractional part of $100 of the value of the financial product $0.60 (b) in any other case (not being a conveyance or transfer on sale of any financial product)--where the value of the property conveyed-- (i) does not exceed $12 000--for every $100 or fractional part of $100 of the value $1.00 (ii) exceeds $12 000 but does not exceed $30 000 $120 plus $2.00 for every $100 or fractional part of $100 of the excess over $12 000 of that value (iii) exceeds $30 000 but does not exceed $50 000 $480 plus $3.00 for every $100 or fractional part of $100 of the excess over $30 000 of that value (iv) exceeds $50 000 but does not exceed $100 000 $1 080 plus $3.50 for every $100 or fractional part of $100 of the excess over $50 000 of that value (v) exceeds $100 000 but does not exceed $200 000 $2 830 plus $4.00 for every $100 or fractional part of $100 of the excess over $100 000 of that value (vi) exceeds $200 000 but does not exceed $250 000 $6 830 plus $4.25 for every $100 or fractional part of $100 of the excess over $200 000 of that value (vii) exceeds $250 000 but does not exceed $300 000 $8 955 plus $4.75 for every $100 or fractional part of $100 of the excess over $250 000 of that value (viii) exceeds $300 000 but does not exceed $500 000 $11 330 plus $5.00 for every $100 or fractional part of $100 of the excess over $300 000 of that value (ix) exceeds $500 000 $21 330 plus $5.50 for every $100 or fractional part of $100 of the excess over $500 000 of that value (2) Exemption 1. Conveyance or transfer of a mortgage or an interest in a mortgage (including such a conveyance or transfer under which a chose in action consisting of the debt secured by that mortgage or part of that debt is also conveyed or transferred). 2. Conveyance or transfer of any debenture, debenture stock, bond, note or other security of a similar kind of a government or of any municipal or other corporation, company or society (whether constituting a charge on the assets of the government, or of the municipal or other corporation, company or society or not). 4. In the case of an amalgamation under the Fair Work Act 1994 any conveyance or transfer of property by an amalgamating association to the association formed by the amalgamation. 5. In the case of an amalgamation under Schedule 1 of the Workplace Relations Act 1996 of the Commonwealth, any conveyance or transfer of property to an amalgamated organisation from a de-registered organisation. 4--Conveyance operating as voluntary disposition inter vivos (1) Conveyance operating as a voluntary disposition inter vivos of any property (including a statement under Part 4)-- (a) in the case of the disposition of a financial product that is not quoted on a recognised financial market--for every $100 and any fractional part of $100 of the value of the financial product $0.60 (b) in any other case--where the value of the property conveyed-- (i) does not exceed $12 000--for every $100 or fractional part of $100 of the value $1.00 (ii) exceeds $12 000 but does not exceed $30 000 $120 plus $2.00 for every $100 or fractional part of $100 of the excess over $12 000 of that value (iii) exceeds $30 000 but does not exceed $50 000 $480 plus $3.00 for every $100 or fractional part of $100 of the excess over $30 000 of that value (iv) exceeds $50 000 but does not exceed $100 000 $1 080 plus $3.50 for every $100 or fractional part of $100 of the excess over $50 000 of that value (v) exceeds $100 000 but does not exceed $200 000 $2 830 plus $4.00 for every $100 or fractional part of $100 of the excess over $100 000 of that value (vi) exceeds $200 000 but does not exceed $250 000 $6 830 plus $4.25 for every $100 or fractional part of $100 of the excess over $200 000 of that value (vii) exceeds $250 000 but does not exceed $300 000 $8 955 plus $4.75 for every $100 or fractional part of $100 of the excess over $250 000 of that value (viii) exceeds $300 000 but does not exceed $500 000 $11 330 plus $5.00 for every $100 or fractional part of $100 of the excess over $300 000 of that value (ix) exceeds $500 000 $21 330 plus $5.50 for every $100 or fractional part of $100 of the excess over $500 000 of that value (2) Exemption 1. Conveyance operating as a voluntary disposition inter vivos by an employer of any property for the purpose of providing individual personal benefits, pensions or retiring allowances for his employees. 2. Conveyance or transfer of a mortgage or an interest in a mortgage (including such a conveyance or transfer under which a chose in action consisting of the debt secured by that mortgage or part of that debt is also conveyed or transferred). 4. In the case of an amalgamation under the Fair Work Act 1994 any conveyance or transfer of property by an amalgamating association to the association formed by the amalgamation. 5. In the case of an amalgamation under Schedule 1 of the Workplace Relations Act 1996 of the Commonwealth, any conveyance or transfer of property to an amalgamated organisation from a de-registered organisation. 11--Mortgage, bond, debenture, covenant or warrant of attorney (1) Mortgage, bond, debenture, covenant or warrant of attorney to confess and enter up judgment-- (a) subject to paragraphs (b) and (c), the rate of duty is-- (i) if the secured liability does not exceed $6 000--$10.00; (ii) if the secured liability exceeds $6 000--$10 plus $0.15 for every $100 or fractional part of $100 over $6 000, (but any amount representing the premium on an insurance policy over property subject to the security is to be excluded); (b) if a mortgage is a mortgage of an existing mortgage over land used or to be used solely as the site of a residential building, the duty is $10.00; (c) a bond, debenture, or covenant securing a contingent liability is liable to ad valorem duty based on the amount presently secured at the time of stamping if the Commissioner is satisfied of the genuineness of the contingency. (2) Exemptions 1. Every collateral or auxiliary or additional or substituted security, or security by way of further assurance for the above-mentioned purpose, where the principal or primary security is chargeable with duty as a mortgage, bond, debenture, covenant or warrant of attorney to confess and enter up judgment and is duly stamped as such. 2. Every mortgage, bond, debenture or covenant securing the payment or repayment of an amount not exceeding four hundred dollars. 2a. A mortgage securing a loan that has been, or is to be, applied wholly for home acquisition or improvement. 2b. A mortgage to secure a loan that has been, or is to be, applied wholly for refinancing purposes. 3. A deed of cross guarantee entered into between a company and its subsidiaries in pursuance of a class order under section 341 of the Corporations Act 2001 of the Commonwealth or a mortgage, bond, debenture or covenant securing a liability under such a deed of cross guarantee. 4. Charge over property imposed by order made under section 8(1) of the Enforcement of Judgments Act 1991. (3) Partial exemptions 1 A mortgage securing a loan that has been, or is to be, applied in part for home acquisition or improvement and in part for other purposes is liable to duty as if it secured only so much of the loan as is to be applied for the other purposes. 2 A mortgage securing a loan that has been, or is to be, applied in part for refinancing purposes and in part for other purposes is liable to duty as if it secured only so much of the loan as is to be applied for the other purposes. (4) Definitions A loan secured by a mortgage is applied for home acquisition or improvement to the extent that it is used for one or more of the following purposes: (a) purchasing land on which residential premises have been, or are to be, built that the mortgagor (or, if there are 2 or more mortgagors, at least one of them) intends to occupy as his or her sole or principal place of residence; (b) building, or making additions or improvements to, residential premises that the mortgagor (or, if there are 2 or more mortgagors, at least one of them) occupies or intends to occupy as his or her sole or principal place of residence; (c) repaying a loan previously taken out for one or more of the above purposes. A loan secured by a mortgage is applied for refinancing purposes to the extent that the loan has been, or is to be, applied to paying out the outstanding balance of a debt secured by an earlier mortgage on which duty has been paid (or which is exempt from duty) if the following conditions are satisfied: (a) the borrower under the loan transaction must be the person liable for the debt secured by the earlier mortgage; and (b) at least some of the mortgaged property must be common to both mortgages; and (c) the earlier mortgage must be fully discharged before, or as soon as practicable after, the first payment of loan money to, or for the benefit of, the borrower under the loan transaction secured by the later mortgage. 12--Return under section 42AA Return lodged with the Commissioner by a company, person or firm of persons under section 42AA-- There shall be paid by the person lodging the return a duty at such rate per centum of the amount of the premiums paid or payable in respect of each class of assurance or insurance to which the return relates as would have been payable if the assurance or insurance had been effected under a policy issued in this State. Part 2--General exemptions from all stamp duties 16--General exemptions The following instruments are exempt from all stamp duties: 1 Wills, testamentary instruments and letters of administration and any instrument acknowledging, evidencing or recording any such instrument. 1A Agreement or memorandum of agreement made on or after 1 September 1992, not under seal, and not otherwise specifically charged with duty. 2 Certificates of title issued from the Lands Titles Office. 3 Customs bonds. 4 Administration bonds. 5 Bonds to the Crown. 6 Conveyances of bills, bonds, debentures or other securities issued by a public statutory body constituted under a law of the Commonwealth or of this or any other State or of any Territory of the Commonwealth, not being a prescribed statutory body or a statutory body of a prescribed class. 7 Bond on appointment of a special bailiff. 8 Memorandum of association, articles of association and rules and regulations of any incorporated company, association or society. 9 Marriage settlements. 10 Mortgage bonds guaranteed by the Government of South Australia. 11 Articles or indentures of apprenticeship and assignments of articles or indentures of apprenticeship. 12 Leases to the Crown and to any person on behalf of the Crown. 13 A power of attorney (or any other instrument in the nature of a power of attorney). 13A Grant of land from the Crown. 13B Conveyance, whether on sale or otherwise, to the Crown or to any person on behalf of the Crown (not being a surrender to the Crown, or any such person, of a lease or other interest in land in order that the Crown may grant to a person other than the surrenderor a lease of, or other interest in, the same land or any part thereof). 15 Any transfer of any fire, personal accident, fidelity, guarantee, livestock, plate glass or marine insurance or assurance policy. 16 Any cemetery leases. 18 Bills, bonds, inscribed stock, debentures, deposit receipts and other securities issued by the Government of the State, and coupons or interest warrants issued in connection with any such bills, bonds, stock, debentures, deposit receipts or other securities, and any transfer of, or document relating to, the purchase or sale of any such bills, bonds, stock, debentures, deposit receipts or other securities. 19 Conveyance or transfer of a financial product by the personal representative of a deceased person to another person entitled under the will of the deceased person, or on intestacy, to have the financial product conveyed or transferred to him or her. 20 Conveyance or transfer of a financial product if the conveyance or transfer is made for the purpose of effectuating the appointment of a new trustee or the retirement of a trustee and all duty chargeable on any instrument for the appointment of the new trustee or the retirement of the trustee, as the case may be, has been duly paid. 21 Conveyance or transfer of a financial product if the conveyance of transfer is made in pursuance of any deed of settlement or deed of gift and all duty chargeable on the deed of settlement or deed of gift, as the case may be, has been duly paid. 23 (1) Any conveyance, transfer or mortgage to which a prescribed person is a party and which is executed or entered into in connection with the purchase or gift of any land on which the prescribed person resides or intends to reside shall be exempt from stamp duty on so much of the amount on which the duty is chargeable as does not exceed two thousand four hundred dollars, but a conveyance, transfer or mortgage shall not be exempt under this paragraph unless the Commissioner is satisfied by such evidence as he requires-- (a) that the purchase or gift is made for the purpose of enabling the prescribed person to become the owner, or lessee from the Crown, of a dwelling house in which he resides or intends to reside; (b) that a conveyance, transfer or mortgage to which the prescribed person was a party and which was executed or entered into in connection with any other purchase or gift of land on which the prescribed person resided or intended to reside has not previously been exempt from stamp duty pursuant to this paragraph or any enactment relating to advances for homes. (2) In this exemption-- prescribed person means-- (a) a person who, during any war in which the Commonwealth is or was engaged, has served as a member of a naval, military or air force of the Commonwealth or of the United Kingdom or of any part of Her Majesty's dominions, whether or not he is still so serving at the time when he claims exemption under this paragraph; (b) a person who, during any such war, was employed in seagoing service on a ship registered in any territory under the dominion of Her Majesty the Queen, whether or not he is still so employed at the time when he claims exemption under this paragraph; (c) a person who has been on active service in the Korean war as a member of a naval, military or air force of the Commonwealth or of the United Kingdom or of any other part of Her Majesty's dominions, whether or not he is still on such service at the time when he claims exemption under this paragraph. The expression Korean war in this paragraph means the war in Korea which commenced on the twenty-fifth day of June, 1950. For the purposes of this paragraph that war shall be deemed to end on the day on which a proclamation is issued by the Governor declaring that the Korean war has ceased; (d) a person who has been on active service as a member of a naval, military or air force of the Commonwealth or of the United Kingdom or of any other part of Her Majesty's dominions operating for the suppression of unlawful violence in Malaya, whether or not he is still on such service at the time when he claims exemption under this paragraph; (d1) a person who (whether before or after the commencement of the Stamp Duties Act Amendment Act 1965) has been on active service as a member of a naval, military or air force of the Commonwealth or of the United Kingdom or of any other part of Her Majesty's dominions in any area outside Australia or in any naval, military or air force operation that is proclaimed to be an area or (as the case may be) a naval, military or air force operation for the purposes of this paragraph, whether or not he is still on such service at the time when he claims exemption under this paragraph; (e) the widow of any deceased person who during his lifetime served or was employed as mentioned in paragraph (a), (b), (c), (d) or (d1); land includes the fee simple of any land and the estate and interest of a lessee of land held under a Crown lease, and of a purchaser of land held under an agreement for sale and purchase granted by the Crown. (3) For the purposes of paragraphs (a) and (b) of the definition of prescribed person, a war shall be deemed to continue from the commencement thereof until the day declared by the Governor by proclamation to be the day on which the war shall be deemed to cease. Notwithstanding the provisions of this paragraph, or of any proclamation made in pursuance thereof, the war which commenced on the third day of September, 1939, shall, for the purposes of any conveyance, transfer or mortgage executed or entered into after the commencement of the Stamp Duties Act Amendment Act 1965 be deemed to have ceased on the thirty-first day of December, 1945. 24B A conveyance or transfer of a financial product made solely for the purpose of a security lending transaction of a kind that would qualify for relief under section 26BC(3) of the Income Tax Assessment Act 1936 of the Commonwealth, as amended from time to time. 25 A declaration of trust by the Public Trustee for the benefit of a child under the age of 18 years who has received a payment under the Victims of Crime Act 2001 or a corresponding previous law. 26 An instrument executed by a trustee of a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth in the ordinary course of administering the fund for the purpose of effecting or acknowledging, evidencing or recording-- (a) the creation of an interest in the property of the superannuation fund on account of a person becoming a member of the fund; or (b) the redemption, cancellation or extinguishment of an interest in the property of the superannuation fund on account of a person ceasing to be a member of the fund, but not so as to exempt any conveyance or transfer of property into or out of the fund. 27 An instrument of discharge or partial discharge of a mortgage or charge. 28 A conveyance (other than a conveyance operating as a voluntary disposition inter vivos) for effectuating the appointment of a new trustee or the retirement of a trustee. 29 A conveyance of a kind for which no specific charge, or basis for charging duty, is fixed by this Schedule. 30 A deed or transfer of a kind for which no specific charge, or basis for charging duty, is fixed by this Schedule. STAMP DUTIES ACT 1923 - NOTES Legislative history Notes * This version is comprised of the following: Part 1 1.1.2009 Part 2 4.6.2009 Part 3 1.7.2009 Part 3A 1.1.2009 Part 4 1.1.2009 Part 4A 4.6.2009 Part 5 4.6.2009 Schedules 4.6.2009 * Amendments of this version that are uncommenced are not incorporated into the text. * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1923 1569 Stamp Duties Act 1923 21.11.1923 21.11.1923 1927 1822 Stamp Duties Act 1927 21.12.1927 24.12.1927 (Gazette 22.12.1927 p1609) 1928 1860 Stamp Duties Amendment Act 1928 17.10.1928 17.10.1928 1928 1877 Lottery and Gaming Act Amendment Act 1928 1.11.1928 1.11.1928 1935 2246 Statute Law Revision Act 1935 19.12.1935 19.12.1935 1936 2312 Stamp Duties Act Amendment Act 1936 19.11.1936 19.11.1936 1937 2359 Stamp Duties Act Amendment Act 1937 19.11.1937 19.11.1937 1938 2387 Stamp Duties Act Amendment Act 1938 25.8.1938 25.8.1938 except s 4(1)--16.1.1939: s 4 1941 48 Stamp Duties Act Amendment Act 1941 27.11.1941 27.11.1941 1942 22 Stamp Duties Act Amendment Act 1942 12.11.1942 12.11.1942 1944 30 Stamp Duties Act Amendment Act 1944 14.12.1944 14.12.1944 1945 32 Stamp Duties Act Amendment Act 1945 as amended by 41/1947 3.1.1946 3.1.1946 except s 3--3.9.1939: s 4(1) 1947 41 Stamp Duties Act Amendment Act 1947 11.12.1947 11.12.1947 1950 16 Stamp Duties Act Amendment Act 1950 2.11.1950 2.11.1950 1952 5 Stamp Duties Act Amendment Act 1952 2.10.1952 2.10.1952 1952 42 Statute Law Revision Act 1952 4.12.1952 4.12.1952 1952 55 Stamp Duties Act Amendment Act (No. 2) 1952 8.1.1953 8.1.1953 except ss 4--6--22.1.1953 (Gazette 22.1.1953 p72) 1953 30 Stamp Duties Act Amendment Act 1953 10.12.1953 10.12.1953 1954 29 Stamp Duties Act Amendment Act 1954 2.12.1954 2.12.1954 1956 8 Stamp Duties Act Amendment Act 1956 11.10.1956 11.10.1956 except s 6--10.9.1956: s 6(3) 1959 45 Stamp Duties Act Amendment Act 1959 17.12.1959 1.2.1960 (Gazette 7.1.1960 p1) 1960 7 Stamp Duties Act Amendment Act 1960 19.5.1960 1.2.1960: s 3(2) 1962 32 Banks Statutory Obligations Amendment Act 1962 as amended by 77/1973 1.11.1962 1.11.1962 1964 24 Statutes Amendment (Stamp Duties and Motor Vehicles) Act 1964 9.10.1964 9.10.1964: s 2(1) except ss 3--8, 9(b)--(l)--19.10.1964 (Gazette 15.10.1964 p1203) 1965 58 Stamp Duties Act Amendment Act 1965 as amended by 59/1966 23.12.1965 23.12.1965 except ss 5, 7, 8, 10--13, 15((a), (c)--(k), 17 &18-- 14.2.1966: s 3 1966 46 Lottery and Gaming Act Amendment Act (No. 2) 1966 13.10.1966 8.12.1966: s 3A 1966 59 Stamp Duties Act Amendment Act 1966 10.11.1966 21.11.1966 (Gazette 19.11.1966 p1882) except s 9(1)--14.2.1966: s 9(2) 1967 14 Marketable Securities Transfer Act 1967 6.4.1967 1.7.1967 (Gazette 25.5.1967 p1657) 1967 48 Stamp Duties Act Amendment Act 1967 19.10.1967 19.10.1967 1968 26 Stamp Duties Act Amendment Act (No. 2) 1968 5.12.1968 1.1.1969 (Gazette 5.12.1968 p2429) 1968 32 Stamp Duties Act Amendment Act 1968 as amended by 42/1974 12.12.1968 1.2.1969 (Gazette 12.12.1968 p2558) 1968 56 Stamp Duties Act Amendment Act (No. 3) 1968 19.12.1968 1.2.1969 (Gazette 19.12.1968 p2670) 1970 42 Stamp Duties Act Amendment Act 1970 3.12.1970 3.12.1970 1971 71 Stamp Duties Act Amendment Act 1971 as amended by 103/1971 4.11.1971 1.12.1971 (Gazette 11.11.1971 p1928) except s 13(3)--1.1.1972 (Gazette 3.12.1971 p2298) 1971 80 Stamp Duties Act Amendment Act (No. 2) 1971 18.11.1971 1.1.1972 (Gazette 23.12.1971 p2627) 1971 103 Stamp Duties Act Amendment Act 1971 Amending Act 1971 3.11.1971 30.11.1971: s 1(1) 1973 77 Statute Law Revision Act 1973 6.12.1973 6.12.1973 1974 42 Statute Law Revision Act 1974 11.4.1974 11.4.1974 1974 90 Stamp Duties Act Amendment Act 1974 2.12.1974 16.12.1974 except s 7--2.1.1975 (Gazette 2.12.1974 p3555) 1975 63 Stamp Duties Act Amendment Act 1975 4.9.1975 18.9.1975 (Gazette 18.9.1975 p1574) 1975 76 Statutes Amendment (Gift Duty and Stamp Duties) Act 1975 16.10.1975 14.7.1975: s 2 1976 54 Statutes Amendment (Gift Duty and Stamp Duties) Act 1976 28.10.1976 14.7.1976: s 2 1976 101 Stamp Duties Act Amendment Act 1976 16.12.1976 16.12.1976 except s 2--16.6.1977 (Gazette 16.6.1977 p1708) 1976 104 Racing Act 1976 16.12.1976 Sch 2--1.1.1977 (Gazette 16.12.1976 p2252) 1977 28 Stamp Duties Act Amendment Act 1977 28.7.1977 28.7.1977 1978 27 Stamp Duties Act Amendment Act 1978 30.3.1978 30.3.1978: s 2 except ss 3--6 & 9--uncommenced 1978 89 Stamp Duties Act Amendment Act (No. 2) 1978 30.11.1978 18.1.1979 (Gazette 18.1.1979 p97) 1979 66 Stamp Duties Act Amendment Act 1979 15.11.1979 1.11.1979: s 2 1980 111 Stamp Duties Act Amendment Act 1980 18.12.1980 6.11.1980: s 2 1981 70 Stamp Duties Act Amendment Act 1981 30.10.1981 2.11.1981 (Gazette 30.10.1981 p1423) 1982 15 Stamp Duties Act Amendment Act 1982 11.3.1982 22.3.1982 (Gazette 18.3.1982 p857) 1982 30 Stamp Duties Act Amendment Act (No. 2) 1982 8.4.1982 24.12.1981: s 2 except s 4--19.8.1982 (Gazette 19.8.1982 p512) 1982 95 Stamp Duties Act Amendment Act (No. 3) 1982 23.12.1982 23.12.1982 (Gazette 23.12.1982 p1935) 1982 (139) Gazette 8.7.1982 p95 -- 8.7.1982 1983 65 Stamp Duties Act Amendment Act 1983 29.9.1983 1.1.1984 (Gazette 24.11.1983 p1515) 1983 89 Stamp Duties Act Amendment Act (No. 2) 1983 1.12.1983 1.1.1984: s 2 1984 50 Statute Law Revision Act 1984 24.5.1984 Sch 6--1.11.1984 (Gazette 1.11.1984 p1398) 1985 81 Stamp Duties Act Amendment Act 1985 22.8.1985 5.8.1985: s 2 1986 8 Stamp Duties Act Amendment Act 1986 13.3.1986 13.3.1986 1986 100 Stamp Duties Act Amendment Act (No. 2) 1986 11.12.1986 18.12.1986 except ss 16(a), (b), (c), (d) & 18(h), (i)--1.2.1987 (Gazette 18.12.1986 p1877) 1987 2 Statutes Amendment (Taxation) Act 1987 5.3.1987 5.3.1987 1988 21 Stamp Duties Act Amendment Act 1988 14.4.1988 7.12.1987 except s 3--14.6.1988: s 2 1989 8 Stamp Duties Act Amendment Act 1989 16.3.1989 1.2.1988: s 2 1989 52 Stamp Duties Act Amendment Act (No. 2) 1989 14.9.1989 21.9.1989 (Gazette 21.9.1989 p915) except ss 3 & 7--9.8.1989 and except ss 4 & 5--1.10.1989: s 2 1989 64 Stamp Duties Act Amendment Act (No. 3) 1989 29.10.1989 28.3.1990 (Gazette 15.3.1990 p729) 1990 4 Stamp Duties Act Amendment Act 1990 29.3.1990 29.3.1990 1990 33 Stamp Duties Act Amendment Act (No. 2) 1990 26.4.1990 26.4.1990 1990 36 Stamp Duties Act Amendment Act (No. 3) 1990 3.5.1990 24.5.1990 (Gazette 17.5.1990 p1359) 1990 47 Stamp Duties Act Amendment Act (No. 4) 1990 8.11.1990 1.7.1990 except s 5(2)--1.1.1991: s 2 1991 19 Stamp Duties (Concessional Duty and Exemptions) Amendment Act 1991 18.4.1991 18.4.1991 1991 54 Motor Vehicles (Historic Vehicles and Disabled Persons' Parking) Amendment Act 1991 28.11.1991 3.2.1992 (Gazette 23.1.1992 p200) 1991 74 Stamp Duties (Assessments and Forms) Amendment Act 1991 12.12.1991 12.12.1991 (Gazette 12.12.1991 p1746) 1992 42 Stamp Duties (Rates) Amendment Act 1992 31.8.1992 1.9.1992: s 2 1992 71 Statutes Amendment (Expiation of Offences) Act 1992 19.11.1992 1.3.1993 (Gazette 18.2.1993 p600) 1992 88 Stamp Duties (Penalties, Reassessments and Securities) Amendment Act 1992 10.12.1992 14.12.1992 (Gazette 10.12.1992 p1754) 1994 14 Stamp Duties (Securities Clearing House) Amendment Act 1994 12.5.1994 1.9.1994 (Gazette 18.8.1994 p490) 1994 31 Stamp Duties (Concessions) Amendment Act 1994 30.5.1994 30.5.1994 except ss 5, 6 & 10--1.6.1994: s 2 1994 59 Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994 27.10.1994 1.1.1995 (Gazette 8.12.1994 p1942) 1994 76 Motor Vehicles (Conditional Registration) Amendment Act 1994 8.12.1994 2.3.1995 (Gazette 2.3.1995 p734) 1994 83 Stamp Duties (Miscellaneous) Amendment Act 1994 8.12.1994 8.12.1994 1995 49 Stamp Duties (Marketable Securities) Amendment Act 1995 13.7.1995 1.7.1995: s 2 1995 72 Stamp Duties (Miscellaneous) Amendment Act 1995 2.11.1995 23.11.1995 (Gazette 23.11.1995 p1412) 1995 77 Motor Vehicles (Heavy Vehicles Registration Charges) Amendment Act 1995 23.11.1995 1.7.1996 (Gazette 30.5.1996 p2637) 1995 83 Stamp Duties (Valuations--Objections and Appeals) Amendment Act 1995 30.11.1995 30.11.1995 1996 18 Stamp Duties (Miscellaneous) Amendment Act 1996 24.4.1996 24.4.1996 (Gazette 24.4.1996 p2068) 1996 30 Motor Vehicles (Miscellaneous No. 2) Amendment Act 1996 2.5.1996 s 43--1.7.1996 (Gazette 30.5.1996 p2637, erratum Gazette 6.6.1996 p2874) 1996 38 Statutes Amendment (Community Titles) Act 1996 9.5.1996 s 40--4.11.1996 (Gazette 31.10.1996 p1460) 1996 82 Statutes Amendment (Taxation Administration) Act 1996 5.12.1996 Pt 6 (ss 77--133)--1.7.1997 (Gazette 19.12.1996 p1924) 1997 20 Stamp Duties (Miscellaneous) Amendment Act 1997 27.3.1997 7.1.1997 except s 4--1.2.1997: s 2 1997 42 Stamp Duties (Rates of Duty) Amendment Act 1997 17.7.1997 17.7.1997 1997 82 Stamp Duties (Miscellaneous No. 2) Amendment Act 1997 24.12.1997 1.1.1998: s 2 1998 36 Stamp Duties (Miscellaneous) Amendment Act 1998 23.7.1998 1.6.1998 except ss 3(c) & 4(3)--27.7.1998 and except ss 3(b) & 4(2)--1.9.1998: s 2 1998 71 Stamp Duties (Share Buy-backs) Amendment Act 1998 3.12.1998 3.12.1998 1999 11 Stamp Duties (Miscellaneous) Amendment Act 1999 18.3.1999 18.3.1999 1999 40 Stamp Duties (Conveyance Rates) Amendment Act 1999 5.8.1999 5.8.1999 1999 41 Statutes Amendment (Financial Institutions) Act 1999 5.8.1999 Pt 4 (ss 16--23)--1.12.1998: s 2 2000 11 Offshore Minerals Act 2000 4.5.2000 4.5.2002 (s 7(5) Acts Interpretation Act 1915) 2000 21 National Tax Reform (State Provisions) Act 2000 8.6.2000 8.6.2000 2000 80 Stamp Duties (Land Rich Entities and Redemption) Amendment Act 2000 14.12.2000 14.12.2000 (Gazette 14.12.2000 p3520) 2000 94 TAB (Disposal) Act 2000 21.12.2000 Sch 4 (cl 3)--14.12.2001 (Gazette 6.12.2001 p5267) 2001 23 Statutes Amendment (Corporations) Act 2001 14.6.2001 Pt 30 (ss 105--117)--15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13.7.2001 (Gazette 21.6.2001 p2270) 2001 27 Statutes Amendment (Taxation Measures) Act 2001 26.7.2001 Pt 4 (ss 10--13)--26.7.2001 except s 14--1.1.2002: s 2 2001 58 Victims of Crime Act 2001 15.11.2001 Sch 2 (cl 6)--1.1.2003 (Gazette 19.12.2002 p4736) 2002 15 Stamp Duties (Rental Business and Conveyance Rates) Amendment Act 2002 5.9.2002 5.9.2002 except ss 5 & 6--1.1.2003: s 2 2002 34 Statutes Amendment (Corporations--Financial Services Reform) Act 2002 28.11.2002 Pt 11 (ss 26--46)--1.8.2003 (Gazette 10.7.2003 p2913) 2002 35 Statutes Amendment (Stamp Duties and Other Measures) Act 2002 28.11.2002 Pt 6 (ss 15--27)--28.11.2002: s 2(1) 2002 39 Stamp Duties (Gaming Machine Surcharge) Amendment Act 2002 28.11.2002 28.11.2002 (Gazette 28.11.2002 p4293) 2003 31 Stamp Duties (Rental and Mortgage Duty) Amendment Act 2003 24.7.2003 1.10.2003: s 2 2003 44 Statute Law Revision Act 2003 23.10.2003 Sch 1--24.11.2003 (Gazette 13.11.2003 p4048) 2004 21 Statutes Amendment (Budget 2004) Act 2004 1.7.2004 Pt 4 (ss 9--12)--1.7.2004: s 2(1) 2004 41 Stamp Duties (Miscellaneous) Amendment Act 2004 4.11.2004 s 10(8)--4.11.2004: s 2(2); remainder of Act--24.2.2005 (Gazette 24.2.2005 p534) 2005 28 Statutes Amendment (Budget 2005) Act 2005 as amended by 24/2009 30.6.2005 Pt 3 (ss 8--12)--at midnight on 30.6.2005; Pt 4 (ss 13--15)--1.7.2006; Pt 5 (ss 16 & 17)--1.7.2007; Pt 6 (ss 18--20)--1.7.2008; Pt 7 (ss 21 & 22) was deleted by 24/2009 without coming into operation 2006 27 Stamp Duties (Land Rich Entities) Amendment Act 2006 23.11.2006 22.9.2006: s 2 2006 43 Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 82 (ss 199--205)--1.6.2007 (Gazette 26.4.2007 p1352) 2006 44 Statutes Amendment (Justice Portfolio) Act 2006 14.12.2006 Pt 27 (s 59)--18.1.2007 (Gazette 18.1.2007 p234) 2008 23 Stamp Duties (Trusts) Amendment Act 2008 26.6.2008 26.6.2008 2008 34 Statutes Amendment (Budget 2008) Act 2008 31.7.2008 Pt 3 (s 5)--5.6.2008: s 2(2) & Sch 1--31.7.2008: s 2(4) 2008 38 Statutes Amendment and Repeal (Taxation Administration) Act 2008 23.10.2008 Pt 5 (ss 30--44)--1.1.2009 (Gazette 11.12.2008 p5475) 2009 24 Stamp Duties (Tax Reform) Amendment Act 2009 4.6.2009 4.6.2009 except s 13--1.7.2009: s 2 2009 58 Statutes Amendment (National Industrial Relations System) Act 2009 26.11.2009 Pt 14 (s 42)--uncommenced Provisions amended since 3 February 1976 * Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 10 of The Public General Acts of South Australia 1837-1975 at page 369. * Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 1 November 1984. A Schedule of these alterations was laid before Parliament on 13 November 1984. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 44/2003 s 3(1) (Sch 1) 24.11.2003 Pt 1 Pt 1 Div 1 heading inserted by 80/2000 s 3 14.12.2000 Pt 1 Div 2 heading inserted by 80/2000 s 4 14.12.2000 s 2 deleted in pursuance of the Acts Republication Act 1967 1.11.1984 s 3 deleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted 1.11.1984 s 2 s 2(1) s 4 redesignated as s 2 by 82/1996 s 77(2) 1.7.1997 s 2 redesignated as s 2(1) by 80/2000 s 5(g) 14.12.2000 adhesive stamp inserted by 8/1986 s 2(a) 13.3.1986 deleted by 38/2008 s 30(1) 1.1.2009 approved form inserted by 35/2002 s 15 28.11.2002 assessment inserted by 82/1996 s 77(1)(a) 1.7.1997 Australian market licensee inserted by 34/2002 s 26(a) 1.8.2003 deleted by 38/2008 s 30(2) 1.1.2009 authorised officer inserted by 100/1986 s 3(a) 18.12.1986 deleted by 82/1996 s 77(1)(a) 1.7.1997 beneficial interest inserted by 80/2000 s 5(a) 14.12.2000 business of primary production inserted by 31/1994 s 3 30.5.1994 Commissioner substituted by 82/1996 s 77(1)(b) 1.7.1997 CUFS inserted by 18/1996 s 3(a) 24.4.1996 deleted by 38/2008 s 30(3) 1.1.2009 die substituted by 8/1986 s 2(b) 13.3.1986 discretionary trust inserted by 36/1990 s 3(a) 24.5.1990 domestic partner inserted by 43/2006 s 199(1) 1.6.2007 duty substituted by 88/1992 s 3(a) 14.12.1992 substituted by 82/1996 s 77(1)(c) 1.7.1997 financial product inserted by 34/2002 s 26(b) 1.8.2003 (d) and (e) deleted by 38/2008 s 30(4) 1.1.2009 fixed interest security inserted by 111/1980 s 3(a) 6.11.1980 deleted by 81/1985 s 3 5.8.1985 GST inserted by 21/2000 s 22(a) 8.6.2000 GST law inserted by 21/2000 s 22(a) 8.6.2000 impressed stamp inserted by 8/1986 s 2(c) 13.3.1986 intellectual property inserted by 80/2000 s 5(b) 14.12.2000 interest inserted by 80/2000 s 5(b) 14.12.2000 jurisdiction inserted by 80/2000 s 5(b) 14.12.2000 marketable security amended by 111/1980 s 3(b) 6.11.1980 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 amended by 88/1992 s 3(b) 14.12.1992 amended by 18/1996 s 3(b) 24.4.1996 amended by 23/2001 s 105(a) 15.7.2001 deleted by 34/2002 s 26(c) 1.8.2003 money substituted by 50/1984 s 3(1) (Sch 6) 1.11.1984 potential beneficial interest inserted by 80/2000 s 5(c) 14.12.2000 property inserted by 80/2000 s 5(c) 14.12.2000 recognised financial market inserted by 34/2002 s 26(d) 1.8.2003 recognised stock exchange inserted by 80/2000 s 5(c) 14.12.2000 deleted by 34/2002 s 26(d) 1.8.2003 records inserted by 100/1986 s 3(b) 18.12.1986 rent inserted by 21/2000 s 22(b) 8.6.2000 right in respect of a marketable security deleted by 34/2002 s 26(e) 1.8.2003 right in respect of a financial product inserted by 34/2002 s 26(e) 1.8.2003 sale inserted by 80/2000 s 5(d) 14.12.2000 spouse inserted by 80/2000 s 5(d) 14.12.2000 substituted by 43/2006 s 199(2) 1.6.2007 savings bank substituted by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 41/1999 s 16 1.12.1998 stamp substituted by 8/1986 s 2(d) 13.3.1986 amended by 38/2008 s 30(5) 1.1.2009 stamped substituted by 8/1986 s 2(d) 13.3.1986 amended by 38/2008 s 30(6) 1.1.2009 State inserted by 80/2000 s 5(f) 14.12.2000 stock amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 amended by 23/2001 s 105(b) 15.7.2001 transfer inserted by 80/2000 s 5(e) 14.12.2000 unit inserted by 36/1990 s 3(b) 24.5.1990 unit trust scheme inserted by 36/1990 s 3(b) 24.5.1990 s 2(2) and (3) inserted by 80/2000 s 5(g) 14.12.2000 s 3 inserted by 82/1996 s 78 1.7.1997 Pt 1 Div 3 inserted by 80/2000 s 6 14.12.2000 s 3C s 3C(4) amended by 23/2001 s 106 15.7.2001 Pt 2 heading inserted by 82/1996 s 78 1.7.1997 s 4 inserted by 82/1996 s 78 1.7.1997 s 5 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 82/1996 s 78 1.7.1997 s 5A inserted by 111/1980 s 4 6.11.1980 deleted by 82/1996 s 78 1.7.1997 s 5AB inserted by 81/1985 s 4 5.8.1985 substituted by 52/1989 s 3 9.8.1989 deleted by 82/1996 s 78 1.7.1997 s 5 s 5B inserted by 111/1980 s 4 6.11.1980 s 5B amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 5B redesignated as s 5 by 82/1996 s 79 1.7.1997 deleted by 80/2000 s 7 14.12.2000 s 6 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 substituted by 100/1986 s 4 18.12.1986 substituted by 82/1996 s 80 1.7.1997 s 6(2) deleted by 38/2008 s 31 1.1.2009 s 6AA inserted by 100/1986 s 4 18.12.1986 deleted by 82/1996 s 80 1.7.1997 s 6A inserted by 8/1986 s 3 13.3.1986 amended by 2/1987 s 6(a) 5.3.1987 deleted by 82/1996 s 80 1.7.1997 s 6B inserted by 2/1987 s 6(b) 5.3.1987 deleted by 82/1996 s 80 1.7.1997 s 7 s 7(3) substituted by 82/1997 s 3 1.1.1998 amended by 41/1999 s 17 1.12.1998 deleted by 24/2009 s 4 4.6.2009 s 7(4) amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 82/1997 s 3 1.1.1998 heading preceding s 9 deleted by 82/1996 s 81 1.7.1997 s 9 deleted by 82/1996 s 81 1.7.1997 s 10 amended by 88/1992 s 4 14.12.1992 deleted by 82/1996 s 81 1.7.1997 s 11 s 11(3) deleted by 38/2008 s 32 1.1.2009 s 12 before deletion by 38/2008 s 12(3) substituted by 88/1992 s 5 14.12.1992 s 12 deleted by 38/2008 s 33 1.1.2009 s 15 deleted by 82/1996 s 82 1.7.1997 s 15A substituted by 21/2000 s 23 8.6.2000 s 16 amended by 24/2009 s 5 4.6.2009 s 17 deleted by 111/1980 s 5 6.11.1980 inserted by 4/1990 s 2 29.3.1990 s 19 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 substituted by 88/1992 s 6 14.12.1992 deleted by 82/1996 s 83 1.7.1997 s 19A inserted by 111/1980 s 6 6.11.1980 s 19A(1) amended by 88/1992 s 7 14.12.1992 amended by 82/1996 s 84 1.7.1997 s 20 s 20(1) substituted by 111/1980 s 7(a) 6.11.1980 substituted by 82/1996 s 85(a) 1.7.1997 s 20(1aa) inserted by 88/1992 s 8(a) 14.12.1992 deleted by 82/1996 s 85(a) 1.7.1997 s 20(1a) inserted by 111/1980 s 7(a) 6.11.1980 amended by 88/1992 s 8(b), (c) 14.12.1992 deleted by 82/1996 s 85(a) 1.7.1997 s 20(2) amended by 111/1980 s 7(b) 6.11.1980 amended by 88/1992 s 8(d) 14.12.1992 substituted by 82/1996 s 85(a) 1.7.1997 s 20(3) substituted by 88/1992 s 8(e) 14.12.1992 substituted by 82/1996 s 85(a) 1.7.1997 s 20(4) inserted by 21/1988 s 3 14.6.1988 amended by 88/1992 s 8(f) 14.12.1992 amended by 82/1996 s 85(b) 1.7.1997 s 20(5) inserted by 21/1988 s 3 14.6.1988 substituted by 38/2008 s 34 1.1.2009 s 20(6) and (7) inserted by 21/1988 s 3 14.6.1988 s 20(8) inserted by 21/1988 s 3 14.6.1988 deleted by 82/1996 s 85(c) 1.7.1997 s 21 s 21(1) redesignated as s 21 in pursuance of the Acts Republication Act 1967 1.11.1984 s 21(2)--(4) deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 22 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 23 s 23(1) substituted by 100/1986 s 5(a) 18.12.1986 substituted by 82/1996 s 86(a) 1.7.1997 s 23(1a) and (1b) inserted by 100/1986 s 5(a) 18.12.1986 deleted by 82/1996 s 86(a) 1.7.1997 s 23(2) amended by 100/1986 s 5(b) 18.12.1986 substituted by 82/1996 s 86(a) 1.7.1997 s 23(3) amended by 100/1986 s 5(c) 18.12.1986 substituted by 82/1996 s 86(a) 1.7.1997 s 23(4) amended by 82/1996 s 86(b) 1.7.1997 s 23(5) substituted by 88/1992 s 9 14.12.1992 s 23A inserted by 88/1992 s 10 14.12.1992 deleted by 82/1996 s 87 1.7.1997 s 24 amended by 21/1988 s 4 7.12.1987 amended by 88/1992 s 11 14.12.1992 amended by 83/1995 s 2 30.11.1995 deleted by 82/1996 s 87 1.7.1997 s 25 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 100/1986 s 6 18.12.1986 s 26 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 82/1996 s 87 1.7.1997 s 27A substituted by 100/1986 s 7 18.12.1986 deleted by 82/1996 s 88 1.7.1997 s 27B substituted by 100/1986 s 7 18.12.1986 amended by 14/1994 s 3 1.9.1994 deleted by 82/1996 s 88 1.7.1997 s 27C amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 substituted by 100/1986 s 7 18.12.1986 deleted by 82/1996 s 88 1.7.1997 s 27D substituted by 100/1986 s 7 18.12.1986 amended by 88/1992 s 12 14.12.1992 deleted by 82/1996 s 88 1.7.1997 s 27E deleted by 82/1996 s 88 1.7.1997 Pt 3 s 28 and heading deleted by 81/1985 s 5 5.8.1985 Pt 3 Div 1 heading preceding s 29 deleted and Div 1 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 29 deleted by 38/2008 s 35 1.1.2009 s 31 s 31(1) amended by 34/2002 s 27 1.8.2003 s 31(2)--(4) amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 31A amended by 31/1994 s 4 30.5.1994 Pt 3 Div 2 heading preceding s 31B amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 heading preceding s 31B deleted and Div 2 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 31B s 31B(1) amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 31B(1) redesignated as s 31B in pursuance of the Acts Republication Act 1967 1.11.1984 amended by 44/2003 s 3(1) (Sch 1) 24.11.2003 bailee inserted by 88/1992 s 13(a) 14.12.1992 bailment plant inserted by 88/1992 s 13(a) 14.12.1992 bailor inserted by 88/1992 s 13(a) 14.12.1992 bank deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 contractual bailment inserted by 88/1992 s 13(a) 14.12.1992 substituted by 15/2002 s 3(a) 5.9.2002 corresponding law inserted by 31/1994 s 5 1.6.1994 amended by 44/2003 s 3(1) (Sch 1) 24.11.2003 dutiable rental business inserted by 31/2003 s 4(1) 1.10.2003 amended by 28/2005 s 18 1.7.2008 equipment financing arrangement inserted by 31/2003 s 4(1) 1.10.2003 credit arrangement deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 credit business deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 discount transaction deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 dutiable rental business amended by 24/2009 s 6 4.6.2009 goods amended by 88/1992 s 13(b) 14.12.1992 guarantee deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 guarantor deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 hire-purchase agreement inserted by 15/2002 s 3(b) 5.9.2002 interest deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 loan amended by 101/1976 s 2(1)(a) 16.6.1977 deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 prescribed rate substituted by 95/1982 s 3(a) 23.12.1982 deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 principal deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 rate of interest deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 registered credit union substituted by 101/1976 s 2(1)(b) 16.6.1977 deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 registered person deleted by 31/2003 s 4(2) 1.10.2003 registered inserted by 31/2003 s 4(2) 1.10.2003 related corporation amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 amended by 88/1992 s 13(c) 14.12.1992 substituted by 23/2001 s 107 15.7.2001 rental business substituted by 88/1992 s 13(d) 14.12.1992 s 31B(1a) substituted by 95/1982 s 3(b) 23.12.1982 deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 31B(2)--(10) deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 31C substituted by 89/1983 s 3 1.1.1984 deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 inserted by 15/2002 s 4 5.9.2002 substituted by 31/2003 s 5 1.10.2003 s 31D amended by 89/1983 s 4 1.1.1984 amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 88/1992 s 14 14.12.1992 amended by 82/1996 s 89 1.7.1997 substituted by 31/2003 s 5 1.10.2003 s 31E s 31E(1) amended by 35/2002 s 16(a) 28.11.2002 s 31E(2) substituted by 89/1983 s 5 1.1.1984 amended by 35/2002 s 16(b) 28.11.2002 s 31F amended by 101/1976 s 3 16.12.1976 amended by 89/1983 s 6 1.1.1984 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 amended by 81/1985 s 6 5.8.1985 amended by 100/1986 s 8 18.12.1986 amended by 52/1989 s 4 1.10.1989 amended by 74/1991 s 3 12.12.1991 amended by 88/1992 s 15 14.12.1992 amended by 82/1996 s 90 1.7.1997 amended by 21/2000 s 24 8.6.2000 amended by 15/2002 s 5 1.1.2003 amended by 35/2002 s 17 28.11.2002 substituted by 31/2003 s 6 1.10.2003 s 31F(1) amended by 28/2005 s 16(1), (2) 1.7.2007 amended by 28/2005 s 19(1), (2) 1.7.2008 s 31G amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 amended by 74/1991 s 4 12.12.1991 deleted by 88/1992 s 16 14.12.1992 s 31H amended by 82/1996 s 91 1.7.1997 s 31I s 31I(1) amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 (d) and (e) deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 (f) deleted by 81/1985 s 7(a) 5.8.1985 amended by 74/1991 s 5 12.12.1991 amended by 31/1994 s 6(a) 1.6.1994 amended by 83/1994 s 12 (Sch) 8.12.1994 amended by 82/1996 s 92(a)--(c) 1.7.1997 amended by 15/2002 s 6(a) 1.1.2003 amended by 31/2003 s 7(1) 1.10.2003 (h) deleted by 31/2003 s 7(2) 1.10.2003 s 31I(1a) inserted by 31/1994 s 6(b) 1.6.1994 amended by 31/2003 s 7(3) 1.10.2003 amended by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 31I(1b) inserted by 31/1994 s 6(b) 1.6.1994 (a) deleted by 31/2003 s 6(4) 1.10.2003 amended by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 31I(1c) s 31I(1a) inserted by 81/1985 s 7(b) 5.8.1985 s 31I(1a) amended by 52/1989 s 5 1.10.1989 s 31I(1a) redesignated as s 31I(1c) by 31/1994 s 6(b) 1.6.1994 amended by 82/1996 s 92(d) 1.7.1997 amended by 15/2002 s 6(b) 1.1.2003 amended by 31/2003 s 7(5) 1.10.2003 s 31I(2) deleted by 82/1996 s 92(e) 1.7.1997 s 31J amended by 71/1992 s 3(1) (Sch) 1.3.1993 deleted by 82/1996 s 93 1.7.1997 s 31K s 31K(3) amended by 82/1996 s 94 1.7.1997 s 31L deleted by 70/1981 s 3 2.11.1981 inserted by 15/1982 s 3 22.3.1982 s 31L(1) amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 amended by 100/1986 s 9(1)(a) 18.12.1986 amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 82/1996 s 95 1.7.1997 s 31L(3) deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 inserted by 100/1986 s 9(1)(b) 18.12.1986 s 31L(4) and (5) deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 heading preceding s 31M deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 31M deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 inserted by 100/1986 s 10 18.12.1986 substituted by 74/1991 s 6 12.12.1991 amended by 88/1992 s 17 14.12.1992 deleted by 82/1996 s 96 1.7.1997 inserted by 31/2003 s 8 1.10.2003 s 31MA inserted by 89/1983 s 7 1.1.1984 deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 31N amended by 89/1983 s 8 1.1.1984 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 amended by 100/1986 s 10 18.12.1986 amended by 74/1991 s 7 12.12.1991 amended by 88/1992 s 18 14.12.1992 amended by 82/1996 s 97 1.7.1997 deleted by 31/2003 s 9 1.10.2003 s 31N inserted by 24/2009 s 7 4.6.2009 s 31O deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 31P deleted by 70/1981 s 4 2.11.1981 inserted by 15/1982 s 4 22.3.1982 deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 ss 31Q--31T deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 Pt 3 Div 3 heading preceding s 32 deleted and Div 3 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 32 redesignated as s 32(1) by 27/1978 s 3(b) uncommenced--not incorporated assurance or insurance business amended by 27/1978 s 3(a) uncommenced--not incorporated amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 general insurance business inserted by 47/1990 s 3 1.7.1990 life insurance policy inserted by 47/1990 s 3 1.7.1990 policy amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 premium inserted by 74/1991 s 8 12.12.1991 substituted by 21/2000 s 25 8.6.2000 s 32(2) inserted by 27/1978 s 3(b) uncommenced--not incorporated s 33 before substitution by 47/1990 s 33(1) amended by 27/1978 s 4 uncommenced--not incorporated s 33 substituted by 47/1990 s 4 1.7.1990 s 34 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 substituted by 47/1990 s 4 1.7.1990 s 34 s 34(3) amended by 82/1996 s 98(a) 1.7.1997 s 34(4) deleted by 82/1996 s 98(b) 1.7.1997 s 34A deleted by 47/1990 s 4 1.7.1990 s 35 amended by 111/1980 s 8 6.11.1980 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 substituted by 47/1990 s 4 1.7.1990 s 35(1) amended by 82/1996 s 99 1.7.1997 s 36 substituted by 50/1984 s 3(1) (Sch 6) 1.11.1984 substituted by 47/1990 s 4 1.7.1990 s 36(4) deleted by 82/1996 s 100 1.7.1997 s 36A inserted by 82/1996 s 101 1.7.1997 s 37 deleted by 100/1986 s 11 18.12.1986 inserted by 47/1990 s 4 1.7.1990 amended by 82/1996 s 102 1.7.1997 s 38 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 100/1986 s 11 18.12.1986 inserted by 47/1990 s 4 1.7.1990 s 39 substituted by 47/1990 s 4 1.7.1990 deleted by 82/1996 s 103 1.1.1997 s 40 inserted by 47/1990 s 4 1.7.1990 deleted by 82/1996 s 103 1.7.1997 s 41 substituted by 47/1990 s 4 1.7.1990 amended by 74/1991 s 9 12.12.1991 amended by 88/1992 s 19 14.12.1992 deleted by 82/1996 s 103 1.7.1997 s 42 substituted by 47/1990 s 4 1.7.1990 deleted by 82/1996 s 103 1.7.1997 s 42AA s 42AA(1) amended by 35/2002 s 18 28.11.2002 s 42AA(4) substituted by 88/1992 s 20 14.12.1992 substituted by 82/1996 s 104 1.7.1997 s 42AA(4a) and (4b) inserted by 88/1992 s 20 14.12.1992 deleted by 82/1996 s 104 1.7.1997 s 42AA(5) deleted by 27/1978 s 5 uncommenced--not incorporated s 42AB inserted by 8/1986 s 4 13.3.1986 s 42AB(3) amended by 82/1996 s 105 1.7.1997 Pt 3 Div 4 heading preceding s 42A deleted and Div 4 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 42A s 42A(1) s 42A redesignated as s 42A(1) by 41/2004 s 4 24.2.2005 applicant substituted by 100/1986 s 12(a) 18.12.1986 commercial motor vehicle inserted by 64/1989 s 3(a) 28.3.1990 dealer substituted by 100/1986 s 12(b) 18.12.1986 list price inserted by 100/1986 s 12(b) 18.12.1986 substituted by 21/2000 s 26(a) 8.6.2000 market value inserted by 100/1986 s 12(b) 18.12.1986 substituted by 21/2000 s 26(b) 8.6.2000 new motor vehicle inserted by 100/1986 s 12(c) 18.12.1986 optional equipment inserted by 100/1986 s 12(c) 18.12.1986 primary producer inserted by 64/1989 s 3(b) 28.3.1990 second-hand motor vehicle inserted by 100/1986 s 12(d) 18.12.1986 s 42A(2) inserted by 41/2004 s 4 24.2.2005 heading preceding s 42AB inserted by 27/1978 s 6 uncommenced--not incorporated s 42AB inserted by 27/1978 s 6 uncommenced--not incorporated s 42B s 42B(1) substituted by 100/1986 s 13(a) 18.12.1986 amended by 21/2000 s 27 8.6.2000 s 42B(1aa) inserted by 100/1986 s 13(a) 18.12.1986 deleted by 41/2004 s 5(2) 24.2.2005 s 42B(1a)--see s 42B(1d) s 42B(1a) inserted by 41/2004 s 5(2) 24.2.2005 s 42B(1b) inserted by 28/1977 s 2(b) 28.7.1977 substituted by 33/1990 s 2(a) 26.4.1990 deleted by 83/1994 s 2(b) 8.12.1994 s 42B(1b) inserted by 41/2004 s 5(2) 24.2.2005 s 42B(1c) inserted by 33/1990 s 2(a) 26.4.1990 deleted by 83/1994 s 2(b) 8.12.1994 s 42B(1c) inserted by 41/2004 s 5(2) 24.2.2005 s 42B(1d) s 42B(1a) amended by 28/1977 s 2(a) 28.7.1977 s 42B(1a) amended by 83/1994 s 2(a) 8.12.1994 s 42B(1a) redesignated as s 42B(1d) by 41/2004 s 5(1) 24.2.2005 s 42B(2) amended by 28/1977 s 2(c) 28.7.1977 amended by 83/1994 s 2(c) 8.12.1994 amended by 41/2004 s 5(3) 24.2.2005 s 42B(2a) amended by 41/2004 s 5(4) 24.2.2005 s 42B(2b) inserted by 41/2004 s 5(5) 24.2.2005 s 42B(3a) deleted by 94/2000 Sch 4 cl 3 14.12.2001 s 42B(4)--(6) substituted by 100/1986 s 13(b) 18.12.1986 substituted by 82/1996 s 106 1.7.1997 s 42B(6a) and (6b) deleted by 82/1996 s 106 1.7.1997 inserted by 74/1991 s 10 12.12.1991 substituted by 88/1992 s 21 14.12.1992 s 42B(7) amended by 83/1994 s 2(d) 8.12.1994 deleted by 100/1986 s 13(b) 18.12.1986 inserted by 33/1990 s 2(b) 26.4.1990 s 42B(8) deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 42BA inserted by 72/1995 s 3 23.11.1995 s 42C deleted by 33/1990 s 3 26.4.1990 inserted by 74/1991 s 11 12.12.1991 amended by 88/1992 s 22 14.12.1992 amended by 72/1995 s 4 23.11.1995 substituted by 82/1996 s 107 1.7.1997 s 42CA inserted by 41/2004 s 6 24.2.2005 s 42D amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 amended by 100/1986 s 14 18.12.1986 amended by 33/1990 s 4 26.4.1990 substituted by 82/1996 s 107 1.7.1997 s 42E amended by 33/1990 s 5 26.4.1990 amended by 82/1996 s 108 1.7.1997 amended by 44/2003 s 3(1) (Sch 1) 24.11.2003 ss 43--45A and heading deleted by 111/1980 s 9 6.11.1980 Pt 3 Div 5 before deletion by 24/2009 heading preceding s 43 inserted by 82/1997 s 4 1.1.1998 heading preceding s 43 deleted and Div 5 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 43 inserted by 82/1997 s 4 1.1.1998 bank deleted by 41/1999 s 18(a) 1.12.1998 cheque amended by 41/1999 s 18(b) 1.12.1998 Cheques and Payment Orders Act 1986 deleted by 41/1999 s 18(c) 1.12.1998 financial institution inserted by 41/1999 s 18(c) 1.12.1998 unstamped cheque amended by 41/1999 s 18(d) 1.12.1998 s 44 inserted by 82/1997 s 4 1.1.1998 s 44(1) amended by 41/1999 s 19(a), (b) 1.12.1998 s 44(2) and (3) amended by 41/1999 s 19(c) 1.12.1998 s 44(4) amended by 41/1999 s 19(d) 1.12.1998 s 44(5) amended by 41/1999 s 19(e) 1.12.1998 s 45 s 45(1) s 45 inserted by 82/1997 s 4 1.1.1998 s 45 amended by 41/1999 s 20 1.12.1998 s 45 amended and redesignated as s 45(1) by 21/2004 s 9(1), (2) 1.7.2004 s 45(2)--(4) inserted by 21/2004 s 9(2) 1.7.2004 heading preceding s 46 deleted by 82/1997 s 4 1.1.1998 s 46 amended by 19/1991 s 2 18.4.1991 substituted by 82/1997 s 4 1.1.1998 amended by 41/1999 s 21 1.12.1998 s 46A inserted by 89/1983 s 9 1.1.1984 amended by 19/1991 s 3 18.4.1991 deleted by 82/1997 s 4 1.1.1998 s 47 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 82/1997 s 4 1.1.1998 s 47A deleted by 82/1997 s 4 1.1.1998 ss 47B--47D deleted by 70/1981 s 5 2.11.1981 s 48 amended by 70/1981 s 6 2.11.1981 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 82/1997 s 4 1.1.1998 s 48A amended by 101/1976 s 4 16.12.1976 amended by 70/1981 s 7 2.11.1981 amended by 95/1982 s 4 23.12.1982 amended by 19/1991 s 4 18.4.1991 amended by 82/1996 s 109 1.7.1997 deleted by 82/1997 s 4 1.1.1998 s 49 amended by 88/1992 s 23 14.12.1992 deleted by 82/1997 s 4 1.1.1998 s 50 deleted by 82/1997 s 4 1.1.1998 s 51 amended by 88/1992 s 24 14.12.1992 deleted by 82/1997 s 4 1.1.1998 s 52 deleted by 82/1997 s 4 1.1.1998 s 53 and heading deleted by 81/1985 s 8 5.8.1985 ss 54--59A and heading deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 Heading preceding s 59B inserted by 27/1978 s 7 30.3.1978 deleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted 1.1.1995 s 59B inserted by 27/1978 s 7 30.3.1978 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 amended by 52/1989 s 6 21.9.1989 amended by 88/1992 s 25 14.12.1992 deleted by 83/1994 s 3 8.12.1994 Pt 3 Div 5 deleted by 24/2009 s 8 4.6.2009 Pt 3 Div 6 heading heading preceding s 60 deleted and Div 6 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 60 conveyance amended by 38/1996 s 40 4.11.1996 amended by 80/2000 s 8 14.12.2000 s 60A substituted by 95/1982 s 5 23.12.1982 s 60A(1) amended by 36/1990 s 4 24.5.1990 s 60A(4) amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 60A(4a) and (4b) inserted by 20/1997 s 3(a) 7.1.1997 s 60A(6) inserted by 20/1997 s 3(b) 7.1.1997 amended by 23/2001 s 108(a)--(c) 15.7.2001 amended by 43/2006 s 200 1.6.2007 s 60A(7) inserted by 20/1997 s 3(b) 7.1.1997 s 60A(8) inserted by 20/1997 s 3(b) 7.1.1997 majority shareholder substituted by 23/2001 s 108(d) 15.7.2001 spouse deleted by 80/2000 s 9 14.12.2000 s 60B s 60B(1) amended by 35/2002 s 19 28.11.2002 s 60B(2) deleted by 38/2008 s 36 1.1.2009 s 60C inserted by 80/2000 s 10 14.12.2000 s 61 amended by 95/1982 s 6 23.12.1982 s 62 inserted by 80/2000 s 11 14.12.2000 s 62(2) and (3) substituted by 27/2001 s 10 26.7.2001 s 63 deleted by 95/1982 s 7 23.12.1982 s 65 amended by 95/1982 s 8 23.12.1982 s 66 s 66(1) amended by 95/1982 s 9(a) 23.12.1982 s 66(1) redesignated as s 66 in pursuance of the Acts Republication Act 1967 1.1.1984 s 66(2) and (3) substituted by 28/1977 s 3 28.7.1977 deleted by 95/1982 s 9(b) 23.12.1982 s 66(4) deleted by 95/1982 s 9(b) 23.12.1982 s 66A deleted by 33/1990 s 6 26.4.1990 s 66AB amended by 101/1976 s 5 16.12.1976 amended by 111/1980 s 10 6.11.1980 amended by 70/1981 s 8 2.11.1981 deleted by 33/1990 s 6 26.4.1990 s 66B amended by 28/1977 s 4 28.7.1977 deleted by 95/1982 s 10 23.12.1982 s 67 deleted by 95/1982 s 10 23.12.1982 inserted by 33/1990 s 6 26.4.1990 s 67(2) amended by 34/2002 s 28 1.8.2003 s 67(5) and (6) deleted by 82/1996 s 110 1.7.1997 s 67(8) deleted by 27/2001 s 11 26.7.2001 s 68 s 68(1) amended by 95/1982 s 11(a) 23.12.1982 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 33/1990 s 7 26.4.1990 s 68(2) amended by 95/1982 s 11(b) 23.12.1982 deleted by 33/1990 s 7 26.4.1990 s 68(3) amended by 95/1982 s 11(c) 23.12.1982 s 68(4) amended by 95/1982 s 11(d) 23.12.1982 s 68(5) amended by 95/1982 s 11(e) 23.12.1982 s 69 deleted by 33/1990 s 8 26.4.1990 s 70 substituted by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 71 s 71(2) substituted by 82/1996 s 111 1.7.1997 deleted by 35/2002 s 20 28.11.2002 s 71(3) substituted by 111/1980 s 11 6.11.1980 amended by 80/2000 s 12(a) 14.12.2000 s 71(4) substituted by 111/1980 s 11 6.11.1980 amended by 80/2000 s 12(b) 14.12.2000 amended by 34/2002 s 29(a) 1.8.2003 s 71(4a) inserted by 36/1990 s 5(a) 24.5.1990 amended by 88/1992 s 26(a) 14.12.1992 substituted by 18/1996 s 4 24.4.1996 amended by 23/2001 s 109(a) 15.7.2001 amended by 23/2008 s 3(1) 26.6.2008 s 71(4b) inserted by 23/2008 s 3(2) 26.6.2008 s 71(5) deleted by 66/1979 s 3 1.11.1979 inserted by 111/1980 s 11 6.11.1980 amended by 95/1982 s 12(a) 23.12.1982 amended by 21/1988 s 5 7.12.1987 (a) deleted by 80/2000 s 12(c) 14.12.2000 amended by 80/2000 s 12(d)--(f) 14.12.2000 amended by 34/2002 s 29(b) 1.8.2003 amended by 23/2008 s 3(3) 26.6.2008 s 71(6) amended by 54/1976 s 7 14.7.1976 deleted by 66/1979 s 3 1.11.1979 inserted by 111/1980 s 11 6.11.1980 amended by 80/2000 s 12(g) 14.12.2000 s 71(7) deleted by 66/1979 s 3 1.11.1979 inserted by 111/1980 s 11 6.11.1980 substituted by 23/2008 s 3(4) 26.6.2008 s 71(8) deleted by 66/1979 s 3 1.11.1979 inserted by 111/1980 s 11 6.11.1980 amended by 95/1982 s 12(b) 23.12.1982 s 71(9) and (10) inserted by 111/1980 s 11 6.11.1980 s 71(11) inserted by 111/1980 s 11 6.11.1980 amended by 36/1990 s 5(b) 24.5.1990 amended by 34/2002 s 29(c) 1.8.2003 amended by 38/2008 s 37 1.1.2009 s 71(11a) inserted by 36/1990 s 5(c) 24.5.1990 s 71(12) and (13) inserted by 111/1980 s 11 6.11.1980 s 71(14) inserted by 111/1980 s 11 6.11.1980 amended by 42/1992 s 3 1.9.1992 amended by 24/2009 s 9 4.6.2009 s 71(15) inserted by 111/1980 s 11 6.11.1980 discretionary trust deleted by 36/1990 s 5(d) 24.5.1990 potential beneficial interest deleted by 80/2000 s 12(h) 14.12.2000 primary custodian inserted by 23/2008 s 3(5) 26.6.2008 public company amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 amended by 88/1992 s 26(b) 14.12.1992 amended by 23/2001 s 109(b) 15.7.2001 registered managed investment scheme inserted by 23/2008 s 3(6) 26.6.2008 responsible entity inserted by 23/2008 s 3(6) 26.6.2008 superannuation fund inserted by 23/2008 s 3(6) 26.6.2008 transfer deleted by 80/2000 s 12(h) 14.12.2000 unit deleted by 36/1990 s 5(d) 24.5.1990 unit trust inserted by 23/2008 s 3(7) 26.6.2008 unit trust scheme amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 36/1990 s 5(d) 24.5.1990 s 71AA inserted by 80/2000 s 13 14.12.2000 s 71A amended by 111/1980 s 12 6.11.1980 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 71B s 71B(1) s 71B amended and redesignated as s 71B(1) by 95/1982 s 13 23.12.1982 s 71B(2) inserted by 95/1982 s 13(b) 23.12.1982 deleted by 82/1996 s 112 1.7.1997 inserted by 28/2005 s 13 1.7.2006 s 71B(3) inserted by 95/1982 s 13(b) 23.12.1982 deleted by 82/1996 s 112 1.7.1997 s 71B(4) and (5) inserted by 95/1982 s 13(b) 23.12.1982 s 71C inserted by 66/1979 s 4 1.11.1979 s 71C(1) amended by 81/1985 s 9(a), (b) 5.8.1985 amended by 8/1989 s 3(a), (b) 1.2.1988 amended by 52/1989 s 7(a) 9.8.1989 amended by 42/1992 s 4(a) 1.9.1992 amended by 20/1997 s 4(a) 1.2.1997 amended by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 71C(1a) inserted by 8/1989 s 3(c) 1.2.1988 s 71C(1b) inserted by 35/2002 s 21(a) 28.11.2002 s 71C(2) amended by 95/1982 s 14 23.12.1982 amended by 81/1985 s 9(c)--(e) 5.8.1985 substituted by 52/1989 s 7(b) 9.8.1989 amended by 42/1992 s 4(b) 1.9.1992 amended by 20/1997 s 4(b)--(d) 1.2.1997 amended by 35/2002 s 21(b) 28.11.2002 amended by 21/2004 s 10(1) 1.7.2004 s 71C(2a)--see s 71C(4) s 71C(2b)--see s 71C(5) s 71C(3)--see s 71C(6) s71C(4)--see s 71C(7) s 71C(3) inserted by 21/2004 s 10(2) 1.7.2004 s 71C(3a) inserted by 24/2009 s 10 4.6.2009 s 71C(4) s 71C (2a) inserted by 81/1985 s 9(f) 5.8.1985 s 71C(2a) substituted by 35/2002 s 21(c) 28.11.2002 s 71C(2a) redesignated as s 71C(4) by 21/2004 s 10(3) 1.7.2004 s 71C(5) s 71C(2b) inserted by 52/1989 s 7(c) 9.8.1989 s 71C(2b) deleted by 14/1994 s 4 1.9.1994 s 71C(2b) inserted by 35/2002 s 21(d) 28.11.2002 s 71C(2b) redesignated as s 71C(5) by 21/2004 s 10(3) 1.7.2004 s 71C(6) s 71C(3) redesignated as s 71C(6) by 21/2004 s 10(3) 1.7.2004 genuine farm inserted by 35/2002 s 21(e) 28.11.2002 Housing Trust home inserted by 8/1989 s 3(d) 1.2.1988 prescribed amount inserted by 20/1997 s 4(e) 1.2.1997 prescribed maximum inserted by 20/1997 s 4(e) 1.2.1997 relevant component inserted by 35/2002 s 21(f) 28.11.2002 relevant contract inserted by 42/1992 s 4(c) 1.9.1992 s 71C(7) s 71C(4) substituted by 52/1989 s 7(d) 9.8.1989 s 71C(4) redesignated as s 71C(7) by 21/2004 s 10(3) 1.7.2004 s 71C(8) inserted by 34/2008 s 5 5.6.2008 s 71CA before substitution by 41/2004 inserted by 30/1982 s 3 24.12.1981 s 71CA(2) and (3) substituted by 83/1994 s 4 8.12.1994 s 71CA substituted by 41/2004 s 7 24.2.2005 s 71CB inserted by 21/1988 s 6 7.12.1987 substituted by 83/1994 s 5 8.12.1994 s 71CB(1) before substitution by 43/2006 spouses amended by 80/2000 s 14 14.12.2000 s 71CB(1) substituted by 43/2006 s 201(1) 1.6.2007 s 71CB(2) substituted by 41/2004 s 8 24.2.2005 amended by 43/2006 s 201(2)--(4) 1.6.2007 s 71CB(3) amended by 43/2006 s 201(5), (6) 1.6.2007 s 71CB(4) amended by 43/2006 s 201(7) 1.6.2007 s 71CBA inserted by 41/2004 s 9 24.2.2005 s 71CBA(1) certificated cohabitation agreement deleted by 43/2006 s 202(1) 1.6.2007 certified domestic partnership agreement inserted by 43/2006 s 202(1) 1.6.2007 cohabitation agreement deleted by 43/2006 s 202(1) 1.6.2007 domestic partner inserted by 43/2006 s 202(1) 1.6.2007 domestic relationship inserted by 43/2006 s 202(1) 1.6.2007 property adjustment order amended by 43/2006 s 202(2) 1.6.2007 s 71CBA(2) amended by 43/2006 s 202(3)--(9) 1.6.2007 s 71CBA(3) amended by 43/2006 s 202(10) 1.6.2007 s 71CBA(5) amended by 43/2006 s 202(11) 1.6.2007 s 71CC inserted by 31/1994 s 7 30.5.1994 s 71CC(1) amended by 18/1996 s 5(a)--(c) 24.4.1996 amended by 11/1999 s 2(a) 18.3.1999 amended by 35/2002 s 22(a) 28.11.2002 amended by 43/2006 s 203(1) 1.6.2007 s 71CC(1a) inserted by 11/1999 s 2(b) 18.3.1999 s 71CC(1b) inserted by 35/2002 s 22(b) 28.11.2002 s 71CC(5) natural person inserted by 18/1996 s 5(d) 24.4.1996 person inserted by 18/1996 s 5(d) 24.4.1996 relative amended by 11/1999 s 2(c) 18.3.1999 amended by 43/2006 s 203(2) 1.6.2007 spouse deleted by 80/2000 s 15 14.12.2000 s 71CD inserted by 42/1997 s 2 17.7.1997 s 71D inserted by 111/1980 s 13 6.11.1980 s 71D(1) substituted by 19/1991 s 5(a) 18.4.1991 amended by 24/2009 s 11(1) 4.6.2009 s 71D(2) substituted by 19/1991 s 5(a) 18.4.1991 s 71D(2a) inserted by 19/1991 s 5(a) 18.4.1991 s 71D(3) exploration tenement amended by 83/1994 s 12 (Sch) 8.12.1994 amended by 11/2000 Sch 2 4.5.2002 amended by 24/2009 s 11(2) 4.6.2009 s 71D(4) substituted by 19/1991 s 5(b) 18.4.1991 s 71D(5) and (6) inserted by 19/1991 s 5(b) 18.4.1991 s 71DA inserted by 83/1994 s 6 8.12.1994 s 71DA(1a) and (1b) inserted by 42/1997 s 3(a) 17.7.1997 s 71DA(5) complying superannuation fund amended by 42/1997 s 3(b) 17.7.1997 pooled superannuation trust inserted by 42/1997 s 3(c) 17.7.1997 the SIS Act inserted by 42/1997 s 3(c) 17.7.1997 s 71DA(6) substituted by 42/1997 s 3(d) 17.7.1997 Pt 3 Div 7 heading preceding s 71EA inserted by 39/2002 s 3 28.11.2002 heading preceding s 71EA deleted and Div 7 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 71EA inserted by 39/2002 s 3 28.11.2002 s 71EA(1) this Division deleted by 44/2003 s 3(1) (Sch 1) 24.11.2003 ss 71EB--71EJ inserted by 39/2002 s 3 28.11.2002 Pt 3 Div 8 heading preceding s 71E inserted by 21/1988 s 7 7.12.1987 heading preceding s 71E deleted and Div 8 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 71E inserted by 21/1988 s 7 7.12.1987 s 71E(1) amended by 18/1996 s 6(a), (b) 24.4.1996 s 71E(1a) inserted by 18/1996 s 6(c) 24.4.1996 s 71E(2) amended by 88/1992 s 27 14.12.1992 (d) deleted by 80/2000 s 16 14.12.2000 amended by 23/2001 s 110 15.7.2001 s 71E(4a) inserted by 74/1991 s 12 12.12.1991 s 71E(6) amended by 82/1996 s 113 1.7.1997 s 71E(10) deleted by 33/1990 s 9 26.4.1990 s 71F inserted by 35/2002 s 23 28.11.2002 Pt 3 Div 9 before deletion by 24/2009 heading preceding s 72 deleted and Div 9 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 heading preceding s 75 deleted by 81/1985 s 10 5.8.1985 s 75 deleted by 81/1985 s 10 5.8.1985 inserted by 72/1995 s 5 23.11.1995 s 75A inserted by 21/2004 s 11 1.7.2004 heading preceding s 75AA deleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted 1.11.1984 s 75AA deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 Pt 3 Div 9 deleted by 24/2009 s 12 4.6.2009 Pt 3 Div 10 heading preceding s 76 deleted and Div 10 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 76 home inserted by 31/2003 s 10(1) 1.10.2003 deleted by 28/2005 s 8 1.7.2005 home mortgage inserted by 31/2003 s 10(1) 1.10.2003 deleted by 28/2005 s 8 1.7.2005 liability inserted by 88/1992 s 28 14.12.1992 mortgage substituted by 88/1992 s 28 14.12.1992 amended by 31/2003 s 10(2) 1.10.2003 s 76A inserted by 8/1986 s 5 13.3.1986 deleted by 88/1992 s 29 14.12.1992 s 79 substituted by 88/1992 s 30 14.12.1992 s 79(2) amended by 31/2003 s 11 1.10.2003 amended by 28/2005 s 9 1.7.2005 s 79(6) and (7) deleted by 24/2009 s 13 1.7.2009 s 80 amended by 95/1982 s 15 23.12.1982 s 81 s 81(1) s 81 redesignated as s 81(1) by 18/1996 s 7 24.4.1996 s 81(2) inserted by 18/1996 s 7 24.4.1996 s 81A before deletion by 38/2008 inserted by 101/1976 s 6 16.12.1976 s 81A(1) and (2) amended by 31/2003 s 12 1.10.2003 s 81A deletion by 28/2005 s 21 implied repealed by 38/2008 deleted by 38/2008 s 38 1.1.2009 s 81B inserted by 111/1980 s 14 6.11.1980 substituted by 88/1992 s 31 14.12.1992 s 81C inserted by 95/1982 s 16 23.12.1982 s 81C(6) amended by 83/1994 s 12 (Sch) 8.12.1994 amended by 23/2001 s 111 15.7.2001 s 81D before deletion by 28/2005 inserted by 31/1994 s 8 30.5.1994 s 81D(1) amended by 82/1997 s 5(a) 1.1.1998 s 81D(4) subsidiary amended by 23/2001 s 112(a) 15.7.2001 public company amended by 23/2001 s 112(b) 15.7.2001 s 81D(5) amended by 82/1997 s 5(b) 1.1.1998 s 81D(6) deleted by 82/1997 s 5(c) 1.1.1998 s 81D deleted by 28/2005 s 10 1.7.2005 s 81E inserted by 82/1997 s 6 1.1.1998 deleted by 28/2005 s 10 1.7.2005 heading preceding s 82 deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 82 deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 inserted by 21/1988 s 8 7.12.1987 s 82(1) substituted by 28/2005 s 14 1.7.2006 s 82(2) amended by 42/1992 s 5 1.9.1992 substituted by 28/2005 s 14 1.7.2006 s 82A deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 inserted by 24/2009 s 14 4.6.2009 s 83 deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 inserted by 21/2004 s 12 1.7.2004 deleted by 28/2005 s 11 1.7.2005 ss 84--84J deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 ss 85--90 and heading deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 Pt 3A before substitution by 38/2008 heading substituted by 14/1994 s 5 1.9.1994 amended by 34/2002 s 30 1.8.2003 Pt 3A Div 1 heading inserted by 14/1994 s 5 1.9.1994 s 90A amended by 14/1994 s 6(a) 1.9.1994 Australian CS facility licensee inserted by 34/2002 s 31(a) 1.8.2003 broker amended by 52/1989 s 8(a) 21.9.1989 amended by 14/1994 s 6(b) 1.9.1994 substituted by 11/1999 s 3 18.3.1999 substituted by 34/2002 s 31(a) 1.8.2003 CS facility inserted by 34/2002 s 31(b) 1.8.2003 CSF identifier inserted by 34/2002 s 31(b) 1.8.2003 CSF participant inserted by 34/2002 s 31(b) 1.8.2003 CSF transaction inserted by 34/2002 s 31(b) 1.8.2003 error transaction inserted by 14/1994 s 6(c) 1.9.1994 substituted by 34/2002 s 31(c) 1.8.2003 exempt transaction inserted by 21/2000 s 28(a) 8.6.2000 substituted by 27/2001 s 12 26.7.2001 substituted by 34/2002 s 31(c) 1.8.2003 financial market inserted by 34/2002 s 31(c) 1.8.2003 foreign company inserted by 14/1994 s 6(c) 1.9.1994 amended by 23/2001 s 113(a) 15.7.2001 identification code inserted by 14/1994 s 6(c) 1.9.1994 substituted by 34/2002 s 31(d) 1.8.2003 odd lot inserted by 70/1981 s 9 2.11.1981 deleted by 34/2002 s 31(e) 1.8.2003 odd lot specialist inserted by 70/1981 s 9 2.11.1981 amended by 52/1989 s 8(b) 21.9.1989 deleted by 34/2002 s 31(e) 1.8.2003 operating rules inserted by 34/2002 s 31(e) 1.8.2003 proper CSF transaction inserted by 34/2002 s 31(e) 1.8.2003 proper SCH transfer inserted by 14/1994 s 6(d) 1.9.1994 deleted by 34/2002 s 31(e) 1.8.2003 quoted financial product inserted by 34/2002 s 31(e) 1.8.2003 quoted marketable security inserted by 21/2000 s 28(b) 8.6.2000 deleted by 34/2002 s 31(e) 1.8.2003 recognised stock exchange inserted by 21/2000 s 28(b) 8.6.2000 deleted by 80/2000 s 17 14.12.2000 registered CS facility licensee inserted by 34/2002 s 31(e) 1.8.2003 registered market licensee inserted by 34/2002 s 31(e) 1.8.2003 relevant company inserted by 14/1994 s 6(d) 1.9.1994 amended by 23/2001 s 113(b) 15.7.2001 relevant CSF participant inserted by 34/2002 s 31(f) 1.8.2003 relevant SCH participant inserted by 14/1994 s 6(d) 1.9.1994 deleted by 34/2002 s 31(f) 1.8.2003 SCH inserted by 14/1994 s 6(d) 1.9.1994 deleted by 34/2002 s 31(f) 1.8.2003 SCH business rules inserted by 14/1994 s 6(d) 1.9.1994 deleted by 34/2002 s 31(f) 1.8.2003 SCH participant inserted by 14/1994 s 6(d) 1.9.1994 deleted by 34/2002 s 31(f) 1.8.2003 SCH-regulated transfer inserted by 14/1994 s 6(d) 1.9.1994 deleted by 34/2002 s 31(f) 1.8.2003 South Australian registered company inserted by 14/1994 s 6(e) 1.9.1994 substituted by 23/2001 s 113(c) 15.7.2001 transfer document inserted by 14/1994 s 6(e) 1.9.1994 substituted by 34/2002 s 31(g) 1.8.2003 transfer identifier inserted by 14/1994 s 6(e) 1.9.1994 deleted by 34/2002 s 31(g) 1.8.2003 transfer value inserted by 14/1994 s 6(e) 1.9.1994 substituted by 34/2002 s 31(g) 1.8.2003 s 90AB inserted by 71/1998 s 2 3.12.1998 s 90AC inserted by 21/2000 s 28(c) 8.6.2000 Pt 3A Div 2 heading inserted by 14/1994 s 7 1.9.1994 s 90B s 90B(1) s 90B amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 90B amended by 14/1994 s 8 1.9.1994 s 90B amended and redesignated as s 90B(1) by 49/1995 s 3 1.7.1995 amended by 34/2002 s 32(a)--(d) 1.8.2003 s 90B(2) inserted by 49/1995 s 3(b) 1.7.1995 amended by 34/2002 s 32(a) 1.8.2003 s 90B(3) inserted by 49/1995 s 3(b) 1.7.1995 amended by 34/2002 s 32(a), (b) 1.8.2003 s 90C s 90C(1) amended by 14/1994 s 9(a) 1.9.1994 amended by 49/1995 s 4(a), (b) 1.7.1995 (a) and (b) deleted by 49/1995 s 4(c) 1.7.1995 amended by 34/2002 s 33(a) 1.8.2003 s 90C(2) deleted by 49/1995 s 4(d) 1.7.1995 s 90C(3) amended by 70/1981 s 10 2.11.1981 amended by 49/1995 s 4(e) 1.7.1995 amended by 34/2002 s 33(a), (b) 1.8.2003 s 90C(4) amended by 34/2002 s 33(a) 1.8.2003 s 90C(5) amended by 49/1995 s 4(f) 1.7.1995 s 90C(6) substituted by 14/1994 s 9(b) 1.9.1994 amended by 49/1995 s 4(g) 1.7.1995 substituted by 82/1996 s 114 1.7.1997 s 90C(7) amended by 49/1995 s 4(h) 1.7.1995 deleted by 82/1996 s 114 1.7.1997 s 90C(8) amended by 71/1992 s 3(1) (Sch 6) 1.3.1993 amended by 14/1994 s 9(c), (d) 1.9.1994 amended by 49/1995 s 4(i) 1.7.1995 deleted by 82/1996 s 114 1.7.1997 s 90C(9) deleted by 100/1986 s 15 18.12.1986 s 90D s 90D(a1) inserted by 49/1995 s 5(a) 1.7.1995 s 90D(1) amended by 49/1995 s 5(b) 1.7.1995 amended by 35/2002 s 24(a) 28.11.2002 s 90D(2) amended by 49/1995 s 5(c) 1.7.1995 amended by 35/2002 s 24(b) 28.11.2002 s 90D(3) substituted by 88/1992 s 32 14.12.1992 substituted by 14/1994 s 10(a) 1.9.1994 amended by 49/1995 s 5(d) 1.7.1995 substituted by 82/1996 s 115 1.7.1997 s 90D(4) substituted by 88/1992 s 32 14.12.1992 amended by 49/1995 s 5(e) 1.7.1995 deleted by 82/1996 s 115 1.7.1997 s 90D(5) inserted by 88/1992 s 32 14.12.1992 deleted by 82/1996 s 115 1.7.1997 s 90D(6) inserted by 88/1992 s 32 14.12.1992 amended by 14/1994 s 10(b) 1.9.1994 deleted by 82/1996 s 115 1.7.1997 s 90D(7) and (8) inserted by 88/1992 s 32 14.12.1992 deleted by 82/1996 s 115 1.7.1997 s 90E s 90E(1) amended by 14/1994 s 11 1.9.1994 amended by 49/1995 s 6(a) 1.7.1995 amended by 34/2002 s 34(a) 1.8.2003 s 90E(2) substituted by 88/1992 s 33 14.12.1992 amended by 49/1995 s 6(b) 1.7.1995 amended by 82/1996 s 116 1.7.1997 s 90E(3) amended by 36/1990 s 6 24.5.1990 substituted by 34/2002 s 34(b) 1.8.2003 s 90F amended by 49/1995 s 7 1.7.1995 amended by 34/2002 s 35 1.8.2003 s 90G inserted by 8/1986 s 6 13.3.1986 s 90G(1) broker amended by 52/1989 s 9(c) 21.9.1989 financial product marketable security amended by 23/2001 s 114 15.7.2001 marketable security renamed financial product by 34/2002 s 36(a) 1.8.2003 jobber deleted by 52/1989 s 9(a) 21.9.1989 marketable security--see financial product market maker inserted by 52/1989 s 9(a) 21.9.1989 relevant transaction amended by 34/2002 s 36(a) 1.8.2003 the U.K. Stock Exchange deleted by 52/1989 s 9(b) 21.9.1989 the U.K. and Ireland Stock Exchange inserted by 52/1989 s 9(b) 21.9.1989 s 90G(3) amended by 34/2002 s 36(a) 1.8.2003 s 90G(5) substituted by 88/1992 s 34 14.12.1992 substituted by 82/1996 s 117(a) 1.7.1997 s 90G(5a) and (5b) inserted by 88/1992 s 34 14.12.1992 deleted by 82/1996 s 117(a) 1.7.1997 s 90G(6) amended by 100/1986 s 16(a), (b) 1.2.1987 amended by 52/1989 s 9(c)--(f) 21.9.1989 amended by 49/1995 s 8 1.7.1995 amended by 34/2002 s 36(b)--(d) 1.8.2003 s 90G(7) amended by 100/1986 s 16(c), (d) 1.2.1987 amended by 52/1989 s 9(c), (g) 21.9.1989 amended by 34/2002 s 36(b) 1.8.2003 s 90G(8) substituted by 100/1986 s 16(e) 18.12.1986 deleted by 82/1996 s 117(b) 1.7.1997 Pt 3A Div 3 inserted by 14/1994 s 12 1.9.1994 amended by 83/1994 s 7 8.12.1994 amended by 18/1996 s 8 24.4.1996 amended by 82/1996 ss 118, 119 1.7.1997 substituted by 34/2002 s 37 1.8.2003 Pt 3A Div 4 inserted by 14/1994 s 12 1.9.1994 amended by 82/1996 ss 120, 121 1.7.1997 substituted by 34/2002 s 37 1.8.2003 Pt 3A Div 5 inserted by 83/1994 s 8 8.12.1994 s 90T amended by 23/2001 s 115 15.7.2001 amended by 34/2002 s 38 1.8.2003 s 90U amended by 34/2002 s 39 1.8.2003 s 90V s 90V(1) amended by 34/2002 s 40 1.8.2003 s 90V(3) inserted by 80/2000 s 18 14.12.2000 Pt 3A substituted by 38/2008 s 39 1.1.2009 Pt 4 inserted by 36/1990 s 7 24.5.1990 amended by 88/1992 ss 35--41 14.12.1992 amended by 83/1994 s 9 8.12.1994 amended by 18/1996 s 9 24.4.1996 amended by 82/1996 ss 122--127 1.7.1997 substituted by 80/2000 s 19 14.12.2000 s 91 s 91(1) close personal relationship inserted by 43/2006 s 204(1) 1.6.2007 executive officer amended by 23/2001 s 116(a) 15.7.2001 land asset and local land asset substituted by 27/2006 s 4(1) 22.9.2006 local primary production land asset inserted by 27/2006 s 4(1) 22.9.2006 majority interest deleted by 27/2006 s 4(2) 22.9.2006 primary production entity inserted by 27/2006 s 4(3) 22.9.2006 private company substituted by 34/2002 s 41 1.8.2003 relative amended by 43/2006 s 204(2) 1.6.2007 significant interest inserted by 27/2006 s 4(4) 22.9.2006 s 91(4) amended by 23/2001 s 116(b) 15.7.2001 amended by 43/2006 s 204(3) 1.6.2007 s 91A inserted by 27/2006 s 5 22.9.2006 s 93 s 93(1) amended by 27/2006 s 6(1), (2) 22.9.2006 s 94 s 94(1) amended by 27/2006 s 7(1) 22.9.2006 s 94(2) amended by 27/2006 s 7(2) 22.9.2006 s 94(5) inserted by 27/2006 s 7(3) 22.9.2006 s 95 s 95(1)--(3) amended by 27/2006 s 8 22.9.2006 ss 95A and 95B inserted by 27/2006 s 9 22.9.2006 s 96 s 96(1) and (2) amended by 27/2006 s 10 22.9.2006 s 97 s 97(1) amended by 27/2006 s 11(1) 22.9.2006 s 97(2) amended by 34/2002 s 42 1.8.2003 s 97(3) and (4) amended by 27/2006 s 11(1) 22.9.2006 s 97(5) amended by 34/2002 s 42 1.8.2003 amended by 27/2006 s 11(1)--(3) 22.9.2006 s 98 s 98(1) amended by 27/2006 s 12(1), (2) 22.9.2006 s 98(1a) inserted by 27/2006 s 12(3) 22.9.2006 s 98(2) amended by 27/2006 s 12(1) 22.9.2006 s 101 s 101(2) substituted by 27/2001 s 13 26.7.2001 amended by 34/2002 s 43 1.8.2003 s 102 s 102(1)--(3) amended by 27/2006 s 13 22.9.2006 Pt 4A inserted by 24/2009 s 15 4.6.2009 Pt 5 s 106 s 106(1) s 106 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 106 redesignated as s 106(1) by 82/1996 s 128 1.7.1997 s 106(2) inserted by 82/1996 s 128 1.7.1997 s 106(3) inserted by 38/2008 s 40 1.1.2009 s 106A before deletion by 38/2008 s 106A(1) amended by 70/1981 s 11(a) 2.11.1981 amended by 83/1994 s 10(a) 8.12.1994 amended by 34/2002 s 44(a), (b) 1.8.2003 s 106A(1a) inserted by 70/1981 s 11(b) 2.11.1981 amended by 35/2002 s 25 28.11.2002 amended by 34/2002 s 44(c) 1.8.2003 s 106A(1b) inserted by 70/1981 s 11(b) 2.11.1981 s 106A(2) amended by 14/1994 s 13 1.9.1994 amended by 83/1994 s 10(b) 8.12.1994 amended by 34/2002 s 44(d)--(f) 1.8.2003 s 106A(3) amended by 83/1994 s 10(c) 8.12.1994 amended by 82/1996 s 129(a) 1.7.1997 amended by 34/2002 s 44(g) 1.8.2003 s 106A(4) substituted by 83/1994 s 10(d) 8.12.1994 amended by 82/1996 s 129(b) 1.7.1997 s 106A(5) amended by 83/1994 s 10(e) 8.12.1994 amended by 34/2002 s 44(h), (i) 1.8.2003 s 106A deleted by 38/2008 s 41 1.1.2009 s 107 substituted by 14/1994 s 14 1.9.1994 deleted by 82/1996 s 130 1.7.1997 inserted by 35/2002 s 26 28.11.2002 s 107(3) amended by 24/2009 s 16 4.6.2009 s 108 s 108(1) amended by 59/1994 Sch 2 1.1.1995 amended by 44/2006 s 59 18.1.2007 s 109 amended by 88/1992 s 42 14.12.1992 deleted by 38/2008 s 42 1.1.2009 s 110 deleted by 88/1992 s 43 14.12.1992 s 110A amended by 100/1986 s 17 18.12.1986 deleted by 82/1996 s 131 1.7.1997 s 111 amended by 82/1996 s 132 1.7.1997 s 112 s 112(1) amended by 74/1991 s 13(a) 12.12.1991 substituted by 38/2008 s 43(1) 1.1.2009 s 112(2) inserted by 74/1991 s 13(b) 12.12.1991 deleted by 38/2008 s 43(1) 1.1.2009 s 112(2) s 112(5) amended and redesignated as s 112(2) by 38/2008 s 43(2)--(4) 1.1.2009 s 112(3) and (4) deleted by 38/2008 s 43(1) 1.1.2009 s 112(5)--see s 112(2) s 113 deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 s 114 inserted by 27/1978 s 8 30.3.1978 Sch 1 deleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted 1.11.1984 inserted by 41/1999 s 22 1.12.1998 cl 2 inserted by 24/2009 s 17 4.6.2009 Sch 2 heading substituted by 44/2003 s 3(1) (Sch 1) 24.11.2003 Pt 1 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 AGREEMENT or any MEMORANDUM amended by 42/1992 s 6(a) 1.9.1992 deleted by 88/1992 s 44(a) 14.12.1992 AFFIDAVIT OR DECLARATION amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 81/1985 s 11(a) 5.8.1985 cl 1 ANNUAL LICENCE amended by 27/1978 s 9(a)--(d) uncommenced--not incorporated ANNUAL LICENCE amended by 65/1983 s 3 1.1.1984 ANNUAL LICENCE amended by 8/1986 s 7(a) 13.3.1986 ANNUAL LICENCE amended by 100/1986 s 18(a), (b) 18.12.1986 ANNUAL LICENCE amended by 47/1990 s 5(1)(a), (b), (d),(c) 1.7.1990 ANNUAL LICENCE paragraph (1) deleted by 47/1990 s 5(1)(c) 1.7.1990 ANNUAL LICENCE amended by 82/1996 s 133 1.7.1997 ANNUAL LICENCE amended by 36/1998 s 3(a) 1.6.1998 ANNUAL LICENCE amended and redesignated as cl 1 by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 1(3) Exemption No 2 amended by 41/1999 s 23(a) 1.12.1998 Exemption No 3 inserted by 111/1980 s 15(a) 6.11.1980 substituted by 100/1986 s 18(c) 18.12.1986 Exemption No 4 inserted by 111/1980 s 15(a) 6.11.1980 Exemption Nos 5 and 6 inserted by 81/1985 s 11(b) 5.8.1985 Exemption No 7 inserted by 8/1986 s 7(b) 13.3.1986 Exemption No 8 inserted by 100/1986 s 18(d) 18.12.1986 cl 2 APPLICATION to Register a Motor Vehicle amended by 64/1989 s 4(a), (b) 28.3.1990 APPLICATION to Register a Motor Vehicle amended by 31/1994 s 9(a) 30.5.1994 APPLICATION to Register a Motor Vehicle amended and redesignated as cl 2 by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 2(1) amended by 28/2005 s 15(1) 1.7.2006 cl 2(2) Exemption No 2 amended by 100/1986 s 18(e) 18.12.1986 Exemption No 4 substituted by 64/1989 s 4(c) 28.3.1990 substituted by 30/1996 s 43(a) 1.7.1996 Exemption No 5A inserted by 8/1986 s 7(c) 13.3.1986 deleted by 38/2008 s 44(1) 1.1.2009 Exemption No 6 substituted by 41/2004 s 10(1) 24.2.2005 Exemption No 10 substituted by 83/1994 s 12 (Sch) 8.12.1994 amended by 41/2004 s 10(2) 24.2.2005 Exemption No 10A inserted by 76/1994 s 7(a) 2.3.1995 substituted by 77/1995 s 17(a) 1.7.1996 substituted by 30/1996 s 43(b) 1.7.1996 Exemption No 10B inserted by 77/1995 s 17(a) 1.7.1996 deleted by 30/1996 s 43(b) 1.7.1996 Exemption No 11 substituted by 41/2004 s 10(3) 24.2.2005 Exemption No 11A inserted by 54/1991 s 5(a) 3.2.1992 deleted by 30/1996 s 43(c) 1.7.1996 Exemption No 12 amended by 19/1991 s 6(a) 18.4.1991 Exemption No 13 amended by 19/1991 s 6(b) 18.4.1991 Exemption No 14 amended by 19/1991 s 6(c) 18.4.1991 Exemption No 15 substituted by 19/1991 s 6(d) 18.4.1991 amended by 72/1995 s 6(a)--(c) 23.11.1995 (ab) deleted by 36/1998 s 3(b) 1.9.1998 amended by 41/2004 s 10(4) 24.2.2005 Exemption No 16 substituted by 28/1977 s 5 28.7.1977 Exemption No 17 inserted by 139/1982 8.7.1982 substituted by 81/1985 s 11(c) 5.8.1985 Exemption No 18 inserted by 31/1994 s 9(b) 30.5.1994 amended by 41/2004 s 10(5) 24.2.2005 Exemption No 19 inserted by 28/2005 s 15(2) 1.7.2006 cl 2(3) amended by 47/1990 s 5(2) 1.1.1991 amended by 77/1995 s 17(b) 1.7.1996 amended by 36/1998 s 3(c) 27.7.1998 cl 2(4) Exemption No 2 substituted by 64/1989 s 4(d) 28.3.1990 substituted by 30/1996 s 43(d) 1.7.1996 Exemption No 3A inserted by 8/1986 s 7(d) 13.3.1986 deleted by 38/2008 s 44(2) 1.1.2009 Exemption No 5 substituted by 83/1994 s 12 (Sch) 8.12.1994 amended by 41/2004 s 10(6) 24.2.2005 Exemption No 5A inserted by 76/1994 s 7(b) 2.3.1995 substituted by 77/1995 s 17(c) 1.7.1996 substituted by 30/1996 s 43(e) 1.7.1996 Exemption No 5B inserted by 77/1995 s 17(c) 1.7.1996 deleted by 30/1996 s 43(e) 1.7.1996 Exemption No 6 substituted by 41/2004 s 10(7) 24.2.2005 Exemption No 6A inserted by 54/1991 s 5(b) 3.2.1992 deleted by 30/1996 s 43(f) 1.7.1996 Exemption No 8 amended by 89/1978 s 3 18.1.1979 (c) deleted by 89/1978 s 3 18.1.1979 BANK NOTE deleted by 111/1980 s 15(b) 6.11.1980 BILL OF EXCHANGE payable on demand... amended by 70/1981 s 12(a) 2.11.1981 substituted by 89/1983 s 10(a) 1.1.1984 substituted by 19/1991 s 6(e) 18.4.1991 deleted by 82/1997 s 7(a) 1.1.1998 BILL OF EXCHANGE, being a cheque... inserted by 89/1983 s 10(a) 1.1.1984 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 deleted by 82/1997 s 7(a) 1.1.1998 BILL OF EXCHANGE, being a payment order inserted by 19/1991 s 6(f) 18.4.1991 deleted by 82/1997 s 7(a) 1.1.1998 BILL OF EXCHANGE and PROMISSORY NOTE drawn or made... amended by 70/1981 s 12(b) 2.11.1981 deleted by 82/1997 s 7(a) 1.1.1998 BILL OF EXCHANGE and PROMISSORY NOTE (not being a bill or note... deleted by 82/1997 s 7(a) 1.1.1998 BILL OF EXCHANGE and PROMISSORY NOTE of any other kind (except a bank note) amended by 19/1991 s 6(g) 18.4.1991 amended by 83/1994 s 12 (Sch) 8.12.1994 deleted by 82/1997 s 7(a) 1.1.1998 BILL OF LADING OR SHIPPING NOTE deleted by 81/1985 s 11(d) 5.8.1985 CONTRACT NOTE (not otherwise charged) deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 CONTRACT NOTE deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 CONTRACT deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 cl 3 CONVEYANCE or TRANSFER amended by 101/1976 s 7 16.12.1976 CONVEYANCE or TRANSFER amended by 111/1980 s 15(c), (d) 6.11.1980 CONVEYANCE or TRANSFER amended by 95/1982 s 17(a)--(d) 23.12.1982 CONVEYANCE or TRANSFER (ab) deleted by 89/1983 s 10(b) 1.1.1984 CONVEYANCE or TRANSFER amended by 89/1983 s 10(c) 1.1.1984 CONVEYANCE or TRANSFER amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 CONVEYANCE or TRANSFER amended by 81/1985 s 11(e), (g) 5.8.1985 CONVEYANCE or TRANSFER (aab) deleted by 81/1985 s 11(f) 5.8.1985 CONVEYANCE or TRANSFER amended by 8/1986 s 7(e) 13.3.1986 CONVEYANCE or TRANSFER amended by 42/1992 s 6(b) 1.9.1992 CONVEYANCE or TRANSFER amended by 88/1992 s 44(b), (c) 14.12.1992 CONVEYANCE or TRANSFER amended by 49/1995 s 9(a) 1.7.1995 CONVEYANCE or TRANSFER amended by 40/1999 s 2(a) 5.8.1999 CONVEYANCE or TRANSFER amended by 15/2002 s 7(a) 5.9.2002 CONVEYANCE or TRANSFER amended by 34/2002 s 45(a), (b) 1.8.2003 CONVEYANCE or TRANSFER amended and redesignated as cl 3 by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 3(1) amended by 38/2008 s 44(3) 1.1.2009 cl 3(2) Exemption No 1 substituted by 81/1985 s 11(h) 5.8.1985 substituted by 80/2000 s 20(a) 14.12.2000 Exemption No 2 inserted by 81/1985 s 11(h) 5.8.1985 amended by 34/2002 s 45(c) 1.8.2003 amended by 41/2004 s 10(8) 4.11.2004 Exemption No 3 inserted by 100/1986 s 18(f) 18.12.1986 amended by 34/2002 s 45(d) 1.8.2003 deleted by 38/2008 s 44(4) 1.1.2009 Exemption No 4 inserted by 100/1986 s 18(f) 18.12.1986 amended by 83/1994 s 12 (Sch) 8.12.1994 amended by 38/2008 s 44(5) 1.1.2009 Exemption No 5 inserted by 100/1986 s 18(f) 18.12.1986 substituted by 83/1994 s 12 (Sch) 8.12.1994 amended by 38/2008 s 44(6) 1.1.2009 cl 4 CONVEYANCE operating substituted by 101/1976 s 8 16.12.1976 CONVEYANCE operating amended by 81/1985 s 11(i) 5.8.1985 CONVEYANCE operating amended by 36/1990 s 8 24.5.1990 CONVEYANCE operating amended by 88/1992 s 44(d), (e) 14.12.1992 CONVEYANCE operating amended by 14/1994 s 15(a) 1.9.1994 CONVEYANCE operating amended by 49/1995 s 9(b) 1.7.1995 CONVEYANCE operating amended by 42/1997 s 4 17.7.1997 CONVEYANCE operating amended by 40/1999 s 2(b) 5.8.1999 CONVEYANCE operating amended by 15/2002 s 7(b) 5.9.2002 CONVEYANCE operating amended by 34/2002 s 45(e) 1.8.2003 CONVEYANCE operating amended and redesignated as cl 4 by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 4(1) amended by 38/2008 s 44(7) 1.1.2009 (aa) deleted by 38/2008 s 44(7) 1.1.2009 cl 4(2) Exemption No 2 inserted by 81/1985 s 11(j) 5.8.1985 substituted by 80/2000 s 20(b) 14.12.2000 Exemption No 3 inserted by 100/1986 s 18(g) 18.12.1986 amended by 34/2002 s 45(f) 1.8.2003 deleted by 38/2008 s 44(8) 1.1.2009 Exemption No 4 inserted by 100/1986 s 18(g) 18.12.1986 amended by 83/1994 s 12 (Sch) 8.12.1994 amended by 38/2008 s 44(9) 1.1.2009 Exemption No 5 inserted by 100/1986 s 18(g) 18.12.1986 substituted by 83/1994 s 12 (Sch) 8.12.1994 amended by 38/2008 s 44(10) 1.1.2009 cl 5 CONVEYANCE for the partition amended by 95/1982 s 17(e) 23.12.1982 CONVEYANCE for the partition amended by 42/1992 s 6(c) 1.9.1992 CONVEYANCE for the partition redesignated as cl 5 by 44/2003 s 3(1) (Sch 1) 24.11.2003 deleted by 28/2005 s 15(3) 1.7.2006 cl 6 CONVEYANCE for effectuating amended by 111/1980 s 15(e) 6.11.1980 CONVEYANCE for effectuating amended by 42/1992 s 6(d) 1.9.1992 CONVEYANCE for effectuating redesignated as cl 6 by 44/2003 s 3(1) (Sch 1) 24.11.2003 deleted by 28/2005 s 15(3) 1.7.2006 CONVEYANCE to which s 71D applies inserted by 111/1980 s 15(f) 6.11.1980 deleted by 19/1991 s 6(h) 18.4.1991 cl 7 CONVEYANCE of any other kind amended by 42/1992 s 6(e) 1.9.1992 CONVEYANCE of any other kind redesignated as cl 7 by 44/2003 s 3(1) (Sch 1) 24.11.2003 deleted by 28/2005 s 15(3) 1.7.2006 cl 8 DEED substituted by 42/1992 s 6(f) 1.9.1992 DEED redesignated as cl 8 by 44/2003 s 3(1) (Sch 1) 24.11.2003 deleted by 28/2005 s 15(2) 1.7.2006 DOCUMENT or other INSTRUMENT deleted by 95/1982 s 17(f) 23.12.1982 INSTALMENT PURCHASE AGREEMENT deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 cl 9 before deletion by 28/2005 INSTRUMENT amended by 42/1992 s 6(g) 1.9.1992 INSTRUMENT redesignated as cl 9 by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 9 deleted by 28/2005 s 15(3) 1.7.2006 LEASE (not being a lease...) amended by 111/1980 s 15(g) 6.11.1980 amended by 81/1985 s 11(k) 5.8.1985 deleted by 72/1995 s 6(d) 23.11.1995 cl 10 before deletion by 24/2009 LEASE or AGREEMENT FOR LEASE inserted by 72/1995 s 6(d) 23.11.1995 amended and redesignated as cl 10 by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 10(2) Exemption No 1 substituted by 27/2001 s 14 1.1.2002 LEASE made subsequently... deleted by 72/1995 s 6(e) 23.11.1995 LETTER OF ALLOTMENT deleted by 81/1985 s 11(l) 5.8.1985 cl 10 deleted by 24/2009 18(1) 4.6.2009 cl 11 MORTGAGE amended by 101/1976 s 9 16.12.1976 MORTGAGE amended by 88/1992 s 44(f)(i) 14.12.1992 MORTGAGE amended by 31/2003 s 13 1.10.2003 MORTGAGE amended and redesignated as cl 11 by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 11(1) amended by 28/2005 s 12(1) 1.7.2005 (a)(iii) deleted by 28/2005 s 12(1) 1.7.2005 amended by 28/2005 s 17 1.7.2007 amended by 28/2005 s 20 1.7.2008 cl 11(2) Exemption Nos 2a and 2b inserted by 28/2005 s 12(2) 1.7.2005 Exemption No 3 inserted by 88/1992 s 44(f)(ii) 14.12.1992 amended by 23/2001 s 117(a) 15.7.2001 Exemption No 4 inserted by 72/1995 s 6(f) 23.11.1995 cl 11(3) and (4) inserted by 28/2005 s 12(3) 1.7.2005 POWER OF ATTORNEY deleted by 42/1992 s 6(h) 1.9.1992 RECEIPTS deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 cl 12 RETURN lodged with the Commissioner by a company redesignated as cl 12 by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 13 before deletion by 24/2009 RETURN lodged with the Commissioner by a financial institution under s 44 inserted by 82/1997 s 7(b) 1.1.1998 RETURN lodged with the Commissioner by a financial institution under s 44 amended by 41/1999 s 23(b) 1.12.1998 RETURN lodged with the Commissioner by a financial institution under s 44 amended and redesignated as cl 13 by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 13(2) Exemption No 1 amended by 41/1999 s 23(c), (d) 1.12.1998 Exemption No 2 amended by 41/1999 s 23(e) 1.12.1998 Exemption No 3 amended by 41/1999 s 23(f), (g) 1.12.1998 cl 13 deleted by 24/2009 s 18(2) 4.6.2009 cl 14 before deletion by 38/2008 RETURN lodged with the Commissioner by a dealer amended by 111/1980 s 15(h) 6.11.1980 RETURN lodged with the Commissioner by a dealer amended by 42/1992 s 6(i) 1.9.1992 RETURN lodged with the Commissioner by a dealer amended by 49/1995 s 9(c), (d) 1.7.1995 RETURN lodged with the Commissioner by a dealer amended by 34/2002 s 44(g) 1.8.2003 RETURN lodged with the Commissioner by a dealer amended and redesignated as cl 14 by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 14(2) Exemption No 1 amended by 100/1986 s 18(h) 1.2.1987 substituted by 34/2002 s 45(h) 1.8.2003 Exemption No 2 amended by 100/1986 s 18(i) 1.2.1987 substituted by 34/2002 s 45(h) 1.8.2003 cl 14 deleted by 38/2008 s 44(11) 1.1.2009 cl 15 before deletion by 38/2008 RETURN under s 90G inserted by 8/1986 s 7(f) 13.3.1986 RETURN under s 90G substituted by 42/1992 s 6(j) 1.9.1992 RETURN under s 90G amended by 49/1995 s 9(e) 1.7.1995 RETURN under s 90G amended by 34/2002 s 45(i) 1.8.2003 RETURN under s 90G redesignated as cl 15 by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 15 deleted by 38/2008 s 44(11) 1.1.2009 TOTALIZATOR deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 TOTALIZATOR AGENCY BOARD deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 Pt 2 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 cl 16 GENERAL EXEMPTIONS FROM ALL STAMP DUTIES amended and redesignated as cl 16 by 44/2003 s 3(1) (Sch 1) 24.11.2003 Exemption No 1 substituted by 111/1980 s 15(i) 6.11.1980 Exemption No 1A inserted by 88/1992 s 44(g) 14.12.1992 Exemption No 6 substituted by 101/1976 s 10 16.12.1976 substituted by 30/1982 s 4 19.8.1982 substituted by 95/1982 s 17(g) 23.12.1982 Exemption No 13 substituted by 42/1992 s 6(k) 1.9.1992 Exemption No 13C inserted by 8/1986 s 7(g) 13.3.1986 deleted by 38/2008 s 44(12) 1.1.2009 Exemption No 14 deleted by 38/2008 s 44(12) 1.1.2009 Exemption Nos 14A and 14B deleted by 50/1984 s 3(1) (Sch 6) 1.11.1984 Exemption No 19 substituted by 14/1994 s 15(b) 1.9.1994 amended by 34/2002 s 45(j) 1.8.2003 Exemption No 20 amended by 14/1994 s 15(c) 1.9.1994 amended by 34/2002 s 45(k) 1.8.2003 Exemption No 20A inserted by 11/1999 s 4 18.3.1999 amended by 23/2001 s 117(b) 15.7.2001 deleted by 38/2008 s 44(13) 1.1.2009 Exemption No 21 amended by 14/1994 s 15(c) 1.9.1994 amended by 34/2002 s 45(l) 1.8.2003 Exemption No 22 inserted by 83/1994 s 11 8.12.1994 amended by 18/1996 s 10(a) 24.4.1996 amended by 23/2001 s 117(c) 15.7.2001 amended by 34/2002 s 45(m) 1.8.2003 deleted by 38/2008 s 44(14) 1.1.2009 Exemption No 23 amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 prescribed person amended by 50/1984 s 3(1) (Sch 6) 1.11.1984 Exemption No 24 inserted by 52/1989 s 10 21.9.1989 substituted by 14/1994 s 15(d) 1.9.1994 amended by 49/1995 s 9(f) 1.7.1995 substituted by 34/2002 s 45(n) 1.8.2003 deleted by 38/2008 s 44(15) 1.1.2009 Exemption No 24AA inserted by 18/1996 s 10(b) 24.4.1996 amended by 34/2002 s 45(o) 1.8.2003 deleted by 38/2008 s 44(15) 1.1.2009 Exemption No 24A inserted by 14/1994 s 15(d) 1.9.1994 amended by 34/2002 s 45(p) 1.8.2003 deleted by 38/2008 s 44(15) 1.1.2009 Exemption No 24B inserted by 14/1994 s 15(d) 1.9.1994 amended by 34/2002 s 45(q) 1.8.2003 Exemption No 24C inserted by 72/1995 s 6(g) 23.11.1995 amended by 34/2002 s 45(r) 1.8.2003 deleted by 38/2008 s 44(16) 1.1.2009 Exemption No 24D inserted by 21/2000 s 28(d) 8.6.2000 amended by 34/2002 s 45(s) 1.8.2003 deleted by 38/2008 s 44(16) 1.1.2009 Exemption No 25 inserted by 74/1991 s 14 12.12.1991 amended by 58/2001 Sch 2 cl 6 1.1.2003 Exemption No 26 inserted by 80/2000 s 20(c) 14.12.2000 substituted by 23/2008 s 4 26.6.2008 Exemption No 27 inserted by 28/2005 s 12(4) 1.7.2005 Exemption Nos 28--30 inserted by 28/2005 s 15(4) 1.7.2006 Form A deleted by 72/1995 s 6(h) 23.11.1995 Sch 3 deleted by 47/1990 s 6 1.7.1990 Transitional etc provisions associated with Act or amendments Stamp Duties Act Amendment Act 1988 9--Transitional provision Section 71E of the principal Act applies in relation to transactions entered into on or after 7th December, 1987, but no offence arises under subsection (6)(a) of that section in relation to a transaction entered into before the date of assent to this Act if the required statement is lodged with the Commissioner within two months after assent. Stamp Duties Act Amendment Act 1989 4--Application of Act The amendments effected by this Act apply to conveyances lodged with the Commissioner of Stamps for stamping on or after 1 February, 1988. Stamp Duties Act Amendment Act (No. 4) 1990 7--Transitional provisions Where a company, person or firm of persons carried on general insurance business before the enactment of this Act, the company, person or firm-- (a) is required to lodge monthly returns only in relation to general insurance business carried on by it on or after 1 July, 1990; and (b) will be taken to have complied with the requirements of section 36(1) of the principal Act, as amended by this Act, in relation to the period from 1 July, 1990, until the enactment of this Act if the monthly returns required in relation to that period are lodged with the Commissioner not later than the fifteenth day of the month commencing after the enactment of this Act. Stamp Duties (Rates) Amendment Act 1992 7--Application of amendments The amendments made by sections 5 and 6 of this Act apply to instruments executed on or after the commencement of this Act (with the effect that instruments executed before that commencement will be chargeable with duty as if those provisions had not been enacted). Stamp Duties (Penalties, Reassessments and Securities) Amendment Act 1992 45--Transitional provision (1) Subject to this section, the amendments made by this Act do not affect the amount of duty chargeable on an instrument executed, or a transaction completed, before the commencement of this Act. (2) If-- (a) a mortgage executed before the commencement of this Act is extended or renewed after the commencement of this Act; or (b) a liability that is secured by a mortgage executed before the commencement of this Act is incurred after the commencement of this Act (except a liability that accrues in respect of a liability that was incurred before the commencement of this Act, or a liability that takes effect in substitution for an earlier liability and does not-when incurred-exceed the amount of the earlier liability); or (c) after the commencement of this Act the time for payment or repayment of a liability secured by a mortgage executed before the commencement of this Act is extended or deferred, duty is chargeable under the principal Act as amended by this Act as if the mortgage were a new and separate instrument executed on the date of the extension or renewal, the date when the fresh liability was incurred, or the date when the time for payment or repayment of the liability was extended or deferred (as the case requires), but allowance must be made for duty paid on the mortgage before that date. Stamp Duties (Concessions) Amendment Act 1994 10--Transitional provision The amendments made by sections 5 and 6 of this Act apply in relation to rental business transacted on or after 1 June 1994. Stamp Duties (Miscellaneous) Amendment Act 1996 11--Transitional provision The amendments made by this Act do not affect the amount of duty chargeable on an instrument executed before the commencement of this Act. Stamp Duties (Miscellaneous No. 2) Amendment Act 1997 8--Transitional provision A bank is not required to pay duty on a cheque form or cheque under the principal Act as amended by this Act if duty has already been paid in relation to the cheque form or cheque under the repealed provisions of the principal Act. Stamp Duties (Miscellaneous) Amendment Act 1998 4--Transitional provision (1) The amendment made by section 3(a) of this Act does not apply in relation to-- (a) insurance premiums received or charged in account (whether directly or by agents) before 1 June 1998; or (b) insurance premiums received or charged in account (whether directly or by agents) before 1 August 1998 relating to policies to be in force for 12 months or less commencing before 1 September 1998, with the effect that those insurance premiums will be chargeable with duty as if section 3(a) had not been enacted. (2) The amendment made by section 3(b) of this Act does not apply in relation to applications made before the commencement of section 3(b). (3) The amendment made by section 3(c) of this Act does not apply in relation to applications where the term of the registration is to take effect before 1 September 1998, with the effect that those applications will be charged with duty as if section 3(c) had not been enacted. Stamp Duties (Conveyance Rates) Amendment Act 1999 3--Application of amendments (1) The amendments made by section 2 of this Act apply to instruments first lodged with the Commissioner of State Taxation for stamping on or after the commencement of this Act. (2) However, if on application under this subsection the Commissioner of State Taxation is satisfied that an instrument lodged for stamping gives effect to a written agreement entered into before 27 May 1999, the amendments made by section 2 of this Act will not apply to the instrument (and the instrument will be chargeable with duty as if those amendments had not been enacted). Commonwealth Places (Mirror Taxes Administration) (Modification of State Taxing Laws) Regulations 2000 (No. 8 of 2000) 4--Prescribed modification of State taxing laws (s. 7(1)) Each State taxing law is modified under section 7(1) of the Act by the addition of a provision to the following effect: (1) "This State taxing law is to be read together with its corresponding applied law as a single body of law.". (2) The principle in subregulation (1) is subject to any express exceptions and qualifications prescribed under the Act and the Commonwealth Places (Mirror Taxes) Act 1998 of the Commonwealth. Stamp Duties (Land Rich Entities and Redemption) Amendment Act 2000 21--Amendments relating to redemption to operate retrospectively and prospectively (1) The MSP amendments operate both prospectively and retrospectively. (2) However-- (a) the MSP amendments do not operate retrospectively in respect of an instrument or transaction made or occurring before the relevant date but on or after 30 September 1999; and (b) the MSP amendments only operate to impose a liability in respect of an instrument or transaction made or occurring before 30 September 1999 if-- (i) no assessment of duty in respect of the instrument or transaction had been made before the relevant date; or (ii) an assessment of duty in respect of the instrument or transaction had been made before the relevant date but-- * no objection to the assessment was made within 60 days after the date of the assessment; or * an objection to the assessment was made and the objection was disallowed; and (c) the MSP amendments do not validate the assessment of duty made in relation to the transaction that was the subject of the High Court's judgment in the case of MSP Nominees Pty Ltd and another v Commissioner of Stamps1 or authorise a reassessment of duty in that case. (3) In this section-- MSP amendments means the amendments made by sections 5, 6, 7 and 12 of this Act insofar as they are applicable to the redemption, cancellation or extinguishment of an interest in a unit trust scheme; relevant date means the date of the introduction of the Bill for this Act into the Parliament. Note-- 1 (1999) 166 ALR 149. Stamp Duties (Rental Business and Conveyance Rates) Amendment Act 2002 8--Application of amendments (1) The amendments made by section 7 of this Act apply to instruments first lodged with the Commissioner of State Taxation for stamping on or after the commencement of that section. (2) However, if on application under this subsection the Commissioner of State Taxation is satisfied that an instrument lodged for stamping gives effect to a written agreement entered into on or before 11 July 2002, the amendments made by section 7 of this Act will not apply to the instrument (and the instrument will be chargeable with duty as if those amendments had not been enacted). Statutes Amendment (Stamp Duties and Other Measures) Act 2002 27--Transitional provision The amendment made to the principal Act by section 21(c) of this Act does not apply in relation to stamp duty paid before the commencement of that section. Stamp Duties (Gaming Machine Surcharge) Amendment Act 2002 4--Application of amendments The amendments made by this Act do not apply to a transaction entered into before the commencement of this Act. Statutes Amendment (Corporations--Financial Services Reform) Act 2002 46--Transitional provisions (1) The Australian Stock Exchange Limited will, on the commencement of this section, be taken to be a registered market licensee under Part 3A of the principal Act without the need for an application under Division 4 of that Part (as enacted by this Act). (2) The body registered by the Commissioner of State Taxation under Division 4 of Part 3A of the principal Act immediately before the commencement of this section will, on that commencement, be taken to be a registered CS facility licensee under Part 3A of the principal Act without the need for an application under Division 4 of that Part (as enacted by this Act). Stamp Duties (Rental and Mortgage Duty) Amendment Act 2003, Sch--Transitional provision 1 Part 3 Division 2 of the Stamp Duties Act 1923 (the Act) is to be read subject to the following qualification: An amount received under or in respect of a contract, agreement or arrangement entered into before 1 October 2003 is required to be included in a statement to be lodged under section 31F of the Act if (and only if) it was required to be brought into account for the calculation of rental duty under the relevant provisions of the Act, as in force immediately before 1 October 2003. Stamp Duties (Land Rich Entities) Amendment Act 2006, Sch 1 1--Transitional provision (1) The amendments made by this Act to the Stamp Duties Act 1923 apply only in relation to transactions entered into after the commencement of this clause. (2) Section 98(1) of the Stamp Duties Act 1923, as amended by this Act, applies to a transaction entered into after the commencement of this clause but before the day on which this Act is assented to by the Governor (the day of assent) as if the period of 2 months referred to in that provision ends 2 months after the day of assent. Statutes Amendment (Domestic Partners) Act 2006 205--Transitional provision An amendment made by this Act to the Stamp Duties Act 1923 applies only in relation to instruments executed after the commencement of the amendment. Stamp Duties (Trusts) Amendment Act 2008, Sch 1 1--Transitional provision The amendment made by section 3(2) of this Act to section 71 of the Stamp Duties Act 1923 operates both prospectively and retrospectively. Statutes Amendment (Budget 2008) Act 2008, Sch 1 1--Transitional provisions (1) If-- (a) a person is entitled to a first home bonus grant under section 18B of the First Home Owner Grant Act 2000, as enacted by this Act (the relevant entitlement); and (b) the person has-- (i) in respect of a conveyance that relates to the land on which the home under that Act is situated or is to be built (as the case may be), received a benefit under section 71C of the Stamp Duties Act 1923; or (ii) received a benefit constituted by an ex gratia payment by the State in order to provide for the first home bonus grant envisaged by this Act for the period between 5 June 2008 and the date of enactment of this Act, the amount of the relevant entitlement will be reduced by the amount of the benefit provided under section 71C of the Stamp Duties Act 1923 or by the amount of the ex gratia payment, or both (including so as to fully set off the amount of the relevant entitlement). (2) If-- (a) a person has received a benefit constituted by an ex gratia payment by the State in order to provide for the first home bonus grant envisaged by this Act for the period between 5 June 2008 and the date of the enactment of this Act; and (b) the person has also, in respect of a conveyance that relates to the land on which the home that is relevant to the ex gratia payment is situated, or is to be built, (as the case may be), received a benefit under section 71C of the Stamp Duties Act 1923 (the relevant benefit), the Commissioner of State Taxation may recover the amount of the relevant benefit from any person who claimed that benefit as a debt due to the Crown. (3) If-- (a) a person has received a benefit under section 71C of the Stamp Duties Act 1923 (the relevant benefit); and (b) the conveyance on which the benefit is based falls within the ambit of subsection (8) of section 71C of the Stamp Duties Act 1923 (as enacted by this Act), the Commissioner of State Taxation may recover the amount of the relevant benefit from any person who claimed that benefit as a debt due to the Crown. (4) To avoid doubt, any set off or right of recovery under this clause extends to a benefit obtained before the commencement of this clause. Historical versions Reprint--1.11.1984 Reprint No 1--12.12.1991 Reprint No 2--3.2.1992 Reprint No 3--1.9.1992 Reprint No 4--14.12.1992 Reprint No 5--1.3.1993 Reprint No 6--1.6.1994 Reprint No 7--1.9.1994 Reprint No 8--1.1.1995 Reprint No 9--2.3.1995 Reprint No 10--13.7.1995 Reprint No 11--30.11.1995 Reprint No 12--24.4.1996 Reprint No 13--1.7.1996 Reprint No 14--4.11.1996 Reprint No 15--27.3.1997 Reprint No 16--1.7.1997 Reprint No 17--17.7.1997 Reprint No 18--1.1.1998 Reprint No 19--27.7.1998 Reprint No 20--1.9.1998 Reprint No 21--3.12.1998 Reprint No 22--18.3.1999 Reprint No 23--5.8.1999 Reprint No 24--8.6.2000 Reprint No 25--14.12.2000 Reprint No 26--15.7.2001 Reprint No 27--26.7.2001 Reprint No 28--1.1.2002 Reprint No 29--4.5.2002 Reprint No 30--5.9.2002 Reprint No 31--28.11.2002 Reprint No 32--1.1.2003 Reprint No 33--1.8.2003 Reprint No 34--1.10.2003 Reprint No 35--24.11.2003 1.7.2004 4.11.2004 24.2.2005 1.7.2005 1.7.2006 22.9.2006 18.1.2007 1.6.2007 1.7.2007 5.6.2008 (electronic only) 26.6.2008 (electronic only) 1.7.2008 1.1.2009 4.6.2009