STAMP DUTIES ACT 1923 - SECT 102C
STAMP DUTIES ACT 1923 - SECT 102C
(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 entity.
(2) Instead of, or as
well as, proceeding against the relevant 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) A charge under
this section will rank as a first charge on the relevant land.
(5) 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.
(6) On an application
under subsection (5), 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 the liability to duty; and
(c)
thirdly—in discharging other liabilities secured by registered
instrument; 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.
(7) If the
Commissioner recovers duty under this section, the relevant 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.