STAMP DUTIES ACT 1923 - SECT 17

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.