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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Stamp Amendment (Budget) Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. The Act amended 3
Part 2 -- Transfer of property rate
change
4. Second Schedule item 4 amended 4
5. Transitional 4
Part 3 -- Vehicle licence rate change
6. Section 76B amended 5
7. Second Schedule item 14 amended 5
8. Third Schedule amended 6
9. Transitional 7
Part 4 -- Policy of insurance rate
change
10. Section 96 amended 8
11. Second Schedule item 16 amended 8
page i
116--1
Western Australia
LEGISLATIVE ASSEMBLY
Stamp Amendment (Budget) Bill 2002
A Bill for
An Act to amend the Stamp Act 1921.
The Parliament of Western Australia enacts as follows:
page 1
Stamp Amendment (Budget) Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Stamp Amendment (Budget)
Act 2002.
5 2. Commencement
(1) Subject to this section, this Act comes into operation on the day
on which it receives the Royal Assent.
(2) Part 2 comes into operation, or is deemed to have come into
operation, on 1 July 2002.
10 (3) Part 3 comes into operation --
(a) on 1 July 2002; or
(b) on the day on which this Act receives the Royal Assent,
if that is after 1 July 2002.
(4) Part 4 comes into operation, or is deemed to have come into
15 operation --
(a) on 1 July 2002 in relation to policies of insurance issued
under the Motor Vehicle (Third Party Insurance)
Act 1943 that are effected or renewed on or after
1 July 2002; and
20 (b) on 16 May 2002 in relation to policies of insurance
issued under the Motor Vehicle (Third Party Insurance)
Act 1943 that --
(i) were effected or renewed on or after
16 May 2002 but before 1 July 2002; and
25 (ii) are valid for a period commencing on or after
1 July 2002.
page 2
Stamp Amendment (Budget) Bill 2002
Preliminary Part 1
s. 3
3. The Act amended
The amendments in this Act are to the Stamp Act 1921*.
[* Reprinted as at 3 Aug 2001.
For subsequent amendments see 2001 Index to Legislation of
5 Western Australia, Table 1, p. 354.]
page 3
Stamp Amendment (Budget) Bill 2002
Part 2 Transfer of property rate change
s. 4
Part 2 -- Transfer of property rate change
4. Second Schedule item 4 amended
(1) The amendments in this section are to the Second Schedule.
(2) Item 4(1)(a) is amended by deleting "$1.95" and inserting
5 instead --
" $2.00 ".
(3) Item 4(1)(b) is amended by deleting "$1 560 and $2.85" and
inserting instead --
" $1 600 and $3.00 ".
10 (4) Item 4(1)(c) is amended by deleting "$2 130 and $3.70" and
inserting instead --
" $2 200 and $4.15 ".
(5) Item 4(1)(d) is amended by deleting "$7 680 and $4.55" and
inserting instead --
15 " $8 425 and $5.15 ".
(6) Item 4(1)(e) is amended by deleting "$19 055 and $4.85" and
inserting instead --
" $21 300 and $5.50 ".
5. Transitional
20 Despite the amendments effected by this Part, the Stamp
Act 1921 as in force immediately before 1 July 2002 continues
to apply to and in relation to instruments of a kind referred to in
the Second Schedule item 4(1) to that Act that were executed
before 1 July 2002.
page 4
Stamp Amendment (Budget) Bill 2002
Vehicle licence rate change Part 3
s. 6
Part 3 -- Vehicle licence rate change
6. Section 76B amended
Section 76B is amended by inserting the following definitions in
their appropriate alphabetical positions --
5 "
"Commonwealth Act" means the Interstate Road
Transport Act 1985 of the Commonwealth;
"corresponding State law" means a law of any other
State or a Territory corresponding to the Road
10 Traffic Act 1974;
"heavy vehicle" means a motor vehicle with a gross
vehicle mass of more than 4.5 tonnes;
".
7. Second Schedule item 14 amended
15 The Second Schedule item 14 is deleted and the following item
is inserted instead --
"
14. MOTOR VEHICLE LICENCE,
ISSUE OR TRANSFER
(1) On the issue or transfer of a The person in
licence for a motor vehicle that whose name the
is not a heavy vehicle -- licence is issued
(a) where the market value of or the transferee;
the vehicle does not exceed and see
$15 000....................................... 2.75% of the market section 76C(13)
value
(b) where the market value of
the vehicle exceeds $15 000
but does not exceed MV - 15 000
$40 000....................................... 2.75 + %
6 666.66
(rounded to 2 decimal
places) of the market
value (MV)
(c) where the market value of
the vehicle exceeds $40 000......... 6.5% of the market value
page 5
Stamp Amendment (Budget) Bill 2002
Part 3 Vehicle licence rate change
s. 8
(2) On the issue of a licence for a
heavy vehicle that has not
previously been used nor
registered under the Road
Traffic Act 1974 or a
corresponding State law ..................... The lesser of --
(a) 3% of the market
value; and
(b) $12 000
(3) On the issue or transfer of a
licence for any other heavy
vehicle --
(a) where the market value of
the vehicle does not exceed
$15 000....................................... 2.5% of the market value
(b) where the market value of
the vehicle exceeds $15 000
but does not exceed MV - 15 000
$40 000....................................... 2.5 + %
10 000
(rounded to 2 decimal
places) of the market
value (MV)
(c) where the market value of
the vehicle exceeds $40 000......... The lesser of --
(a) 5% of the market
value; and
(b) $20 000
The duty payable under
item 14 is to be rounded
down to the nearest
5 cents
".
8. Third Schedule amended
The Third Schedule is amended as follows:
(a) by deleting item 9(1);
5 (b) in item 9(2), (3), (4) and (5) by deleting "RTA" in each
place where it occurs and inserting instead --
" Road Traffic Act 1974 ".
page 6
Stamp Amendment (Budget) Bill 2002
Vehicle licence rate change Part 3
s. 9
9. Transitional
(1) Despite the amendments effected by this Part, the Stamp
Act 1921 as in force immediately before the commencement day
continues to apply to and in relation to the issue or transfer of a
5 motor vehicle licence the application for which was made
before the commencement day.
(2) Despite subsection (1), if --
(a) the commencement day is after 1 July 2002;
(b) an application for the issue or transfer of a motor vehicle
10 licence is made to a licensing authority on or after
1 July 2002; and
(c) stamp duty in respect of the issue or transfer of the
licence is not paid before the commencement day,
then the Stamp Act 1921 as amended by this Part applies to and
15 in relation to the issue or transfer of the licence.
(3) If, under section 76C(9), (10) or (10C) of the Stamp Act 1921,
the amount of duty payable in respect of the issue or transfer of
a licence is assessed before the commencement day, then the
Stamp Act 1921 as in force immediately before that day
20 continues to apply to and in relation to the issue or transfer of
the licence and the assessment.
(4) In this Part --
"commencement day" means day on which this Part comes
into operation.
page 7
Stamp Amendment (Budget) Bill 2002
Part 4 Policy of insurance rate change
s. 10
Part 4 -- Policy of insurance rate change
10. Section 96 amended
Section 96(1) and (2) are amended by deleting "item 16(1)(a),
(1)(c)" and inserting instead --
5 " item 16(1) ".
11. Second Schedule item 16 amended
The Second Schedule item 16(1)(b) is amended by deleting
"0.25" and inserting instead --
"
8% of the amount calculated
under section 96(2)
10 ".
page 8
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