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This is a Bill, not an Act. For current law, see the Acts databases.


STAMP AMENDMENT BILL 1999

                           Western Australia


                      LEGISLATIVE COUNCIL



              Stamp Amendment Bill 1999


                               A Bill for


An Act to amend the Stamp Act 1921.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Stamp Amendment Act 1999.




                                                                 page 1
                                68--1
     Stamp Amendment Bill 1999



     s. 2




     2.         Commencement
                This Act comes into operation on the day it receives the Royal
                Assent.

     3.         Act amended
 5              The amendments in this Act are to the Stamp Act 1921*.
                [* Reprinted as at 23 January 1996.
                   For subsequent amendments see 1998 Index to Legislation of
                   Western Australia, Table 1, p. 237, and Acts Nos. 2, 24, 25
                   and 26 of 1999.]

10   4.         Section 70 amended
          (1)   Section 70(1) is amended by deleting the definition of
                "chargeable with duty" and inserting the following definition
                instead --
                "
15                    "chargeable with duty" means chargeable with duty
                          under --
                          (a) item 4, 10, 14A, 15, 17 or 19 of the Second
                                Schedule; or
                          (b) item 12(1) or (3) if --
20                             (i) the term of the lease, including any
                                    period for which the lease may be
                                    renewed, exceeds, or is to exceed,
                                    20 years; and
                              (ii) any option to renew the lease is, or is to
25                                  be, exercisable by the lessor;
                                                                                 ".
          (2)   Section 70(1) is amended in the definition of "transfer" by
                inserting after "vest," --
                "   grant,   ".


     page 2
                                                Stamp Amendment Bill 1999



                                                                          s. 5



     5.     Section 75ABA inserted
            After section 75AB the following section is inserted --
     "

          75ABA. Power of exemption for transfers by bankruptcy
 5               trustee to bankrupt
            (1)   When the Commissioner is satisfied that an instrument
                  is an instrument by which property that vested in a
                  bankruptcy trustee on the bankruptcy of a person is
                  conveyed from the bankruptcy trustee back to that
10                person, the Commissioner may exempt the instrument
                  from duty and the instrument is to be endorsed
                  accordingly.
            (2)   In this section --
                  "bankruptcy trustee" means --
15                     (a) the Official Trustee in Bankruptcy; or
                       (b) a registered trustee,
                       under the Bankruptcy Act 1966 of the
                       Commonwealth.
                                                                           ".




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