STAMP DUTIES ACT 1923 - SECT 42B
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.