South Australian Consolidated Acts

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.