STAMP DUTIES ACT 1923 - SECT 20
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.