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STAMP ACT 1921

STAMP ACT 1921


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title and commencement
            
   2.      Expiry of Act
            
   4.      M, MC Terms used in this Act
            
   4A.     Treatment of amounts payable for GST

   PART II -- Conditional contracts (interpretation)  

   6.      Meaning of “eligible conditional contract”
            
   7.      Persons who are “related” for the purposes of this Part
            
   8.      Meaning of “general conditional contract”
            
   9.      Meaning of “farming land conditional contract”
            
   10.     Meaning of “off-the-plan conditional contract”
            
   11.     Meaning of “mining tenement conditional contract”
            
   12.     Meaning of “subdivision conditional contract”
            
   13.     When a conditional contract becomes unconditional
            
   14.     Termination of conditional contracts on relevant grounds

   PART III -- General provisions  

   16.     MC Charge of duties on instruments
            
   17.     Liability to pay duty
            
   17A.    Time for payment of duty
            
   17AA.   Time for payment on certain conditional contracts
            
   17B.    Requirement to lodge instrument
            
   17BA.   Time for lodging certain conditional contracts
            
   17C.    Instrument to be endorsed when duty paid etc.
            
   18.     How instruments to be written
            
   19.     Instruments to be separately charged with duty in certain cases
            
   20.     Reduction of duty if matter not carried into effect
            
   26.     MC Facts and circumstances affecting duty to be set forth in instrument
            
   27.     Instruments not stamped inadmissible except in criminal proceedings
            
   28.     No instrument to be registered etc. unless stamped
            
   29.     Production of instruments as evidence
            
   30.     Secondary evidence
            
   31.     Stamped instruments as evidence
            
   31B.    Payment of duty on statements in absence of dutiable instrument
            
   31C.    Preparation of dutiable statement about voluntary transfers under the Financial Sector (Transfers of Business) Act 1999 of the Commonwealth
            
   33.     Valuation of land or other property
            
   34.     Duplicates and counterparts
            
   35.     Unlodged transfers -- independent person’s obligations
            
   36.     Mode of calculating ad valorem duty in certain cases
            
   38.     Instruments held in escrow
            
   39.     Determining whether securities are situated in Western Australia
            
   40.     Valuing a marketable security or right in respect of shares

   PART IIIB -- Conveyances and transfers  

   63.     Terms used in this Part
            
   63AA.   Registered unit trust schemes
            
   63AB.   Criteria for registration of a unit trust scheme
            
   63AC.   Interim registration
            
   63AD.   Cancellation of registration or interim registration
            
   63ADA.  Registration of private unit trust scheme as provisional public trust
            
   63ADB.  Cancellation of registration of provisional public trust
            
   63AE.   Dutiable statement about disqualifying event and subsequent transfers or dispositions
            
   63AF.   Duty chargeable on the dutiable statement
            
   63AG.   When unit trust scheme becomes private unit trust scheme
            
   63AH.   Liability for duty on aggregated dispositions
            
   63AI.   Interstate security duty
            
   63AJ.   Dutiable statement to be lodged
            
   63A.    Duty on certain decrees and orders
            
   64.     How ad valorem duty to be calculated in respect of stock and securities
            
   65.     How ad valorem duty to be calculated in respect of securities and periodical payments
            
   66.     How conveyances in consideration of a debt or subject to future payment etc. to be charged
            
   67.     Duty where conveyance is partly in consideration of improvements made or to be made on property
            
   69.     Conveyance duty in cases where conveyance made at request or by direction of intermediary
            
   70.     Certain transfers of chattels dutiable
            
   71.     Duty charged for 2 or more instruments of conveyance
            
   72.     Transfer or assignment of mortgages for value
            
   73.     As to conveyances on any occasion except sale or mortgage
            
   73A.    Conveyance subject to an option
            
   73AA.   Duty on conveyance not passing a beneficial interest
            
   73AB.   Duty on conveyance to correct error
            
   73B.    Conveyance agreement subject to unilateral determination
            
   73C.    Option to purchase with right to renew
            
   73CA.   Effect of Duties Act 2008 on sections 73D, 73DAA, 73DE and 73E
            
           73D. Disposition of units in unit trust schemes
            
   73DAA.  Dutiable statement required if transfer or instrument not lodged
            
   73DA.   Holdings of majority interest unit trustee
            
   73DB.   Terms used in sections 73DC, 73DD and 73DE
            
           73DC. Acquisition of majority interest or further interest in pooled investment trust
            
   73DD.   Meaning of “majority interest” and “further interest”
            
   73DE.   Dutiable statement to be lodged
            
   73E.    Disposition of shares in discretionary trustee companies
            
   73F.    Acquisition of a licence to carry on a business activity
            
   73G.    Farm-in agreements relating to mining tenements
            
   74.     Certain contracts to be chargeable as conveyances on sale
            
   74A.    Duty chargeable on certain conveyances of corporation property
            
   74B.    Transactions involving a call option and a put option
            
   74C.    Acquisition of certain business assets
            
   75.     Duty chargeable on conveyance for less than full consideration
            
   75A.    Power to exempt instruments made for charitable or similar purposes
            
   75AB.   Power to exempt instruments made in respect of certain funds or schemes
            
   75ABA.  Power to exempt transfers by bankruptcy trustee to bankrupt
            
   75AC.   Exchange of property
            
   75AD.   Duty chargeable on partition of property
            
   75AE.   Concessional rates for certain residential or business property
            
   75AF.   Computation of duty for 2 or more instruments
            
   75AG.   Reduction of duty or refund for first home owner
            
   75AH.   Further transfer to person who was first home owner
            
   75C.    Power to exempt for certain conveyances between spouses
            
   75CA.   Refund where contingent consideration is not paid

   PART IIIBAA -- Certain transfers of farming property  

   75D.    Terms used in this Part
            
   75E.    Application of this Part
            
   75F.    Power to exempt for farming property
            
   75G.    Partial exemption of duty
            
   75H.    Application for exemption
            
   75HA.   Subsequent liability for duty in certain circumstances
            
   75I.    Part IIIBA companies

   PART IIIBAAA -- Exemptions for corporate reconstructions  

   75J.    Terms used in this Part
            
   75JAA.  When a body corporate is dormant
            
   75JA.   Corporate reconstructions: exemptions
            
   75JB.   Corporate reorganisations: exemption from duty on conveyances between associated bodies corporate
            
   75JBA.  Operation of claw-back: application for pre-determination in certain cases
            
   75JC.   Corporate reorganisations: application for pre-determination
            
   75JD.   Corporate reorganisations: application for exemption
            
   75JDA.  Exemption may be withheld in certain cases
            
   75JE.   Claw-back (instruments)
            
   75JF.   Claw-back (Part IIIBA statements)
            
   75JG.   Offences and recovery of duty etc.
            
   75JH.   Revoking an exemption

   PART IIIBA -- Duty on change of control of certain land-owning corporations

           Division 1 -- Provisions applicable to this Part  

   75K.    Effect of Duties Act 2008 on this Part
            
   76.     Terms used in this Part
            
   76A.    Relevant acquisitions by trustees
            
   76AA.   Assessment in the absence of a dutiable statement
            
   76AB.   Request that Commissioner determine whether dutiable statement is required to be lodged

           Division 2 -- Companies taken to be registered in Western Australia  

   76AG.   Preparation of dutiable statement
            
   76AH.   Statement chargeable with duty
            
   76AI.   Companies to which this Division applies
            
   76AJ.   Meaning of “relevant acquisition”
            
   76AK.   Meaning of “interest”, “majority interest” and “further interest”
            
   76AL.   How dutiable value is determined
            
   76AM.   Liability for duty

           Division 3 -- Corporations incorporated, or taken to be registered, outside Western Australia, and certain other companies not within Division  

   76AN.   Preparation of dutiable statement
            
   76AO.   Statement chargeable with duty
            
   76AP.   Corporations to which this Division applies
            
   76AQ.   Meaning of “relevant acquisition”
            
   76AR.   Meaning of “interest”, “majority interest” and “further interest”
            
   76AS.   How dutiable value is determined

           Division 3a -- Listed companies taken to be registered in Western Australia  

   76AT.   Preparation of dutiable statement
            
   76ATA.  Statement chargeable with duty
            
   76ATB.  Meaning of “listed land-holder WA company”
            
   76ATC.  Meaning of “relevant acquisition”
            
   76ATD.  Meaning of “interest”, “controlling interest” and “additional interest”
            
   76ATE.  How dutiable value is determined
            
   76ATF.  Liability for duty

           Division 3b -- Listed corporations incorporated, or taken to be registered, outside Western Australia, and certain other companies not within Division 3a  

   76ATG.  Preparation of dutiable statement
            
   76ATH.  Statement chargeable with duty
            
   76ATI.  Meaning of “listed land-holder corporation”
            
   76ATJ.  Meaning of “relevant acquisition”
            
   76ATK.  Meaning of “interest”, “controlling interest” and “additional interest”
            
   76ATL.  How dutiable value is determined

           Division 4 -- Reassessment of liability for duty  

   76AU.   Reassessment where deeming provision applied

           Division 5 -- Avoidance of duty  

   76AV.   Commissioner may determine that an obligation to lodge a statement has been avoided
            
   76AW.   Liability to pay duty that has been avoided
            
   76AX.   Reasons for determination that duty has been avoided

   PART IIIC -- Vehicle licences  

   76AY.   Effect of Duties Act 2008 on this PART
            
   76B.    Terms used in this Part
            
   76C.    Non-beneficial change of ownership
            
   76D.    Duty on the grant or transfer of a vehicle licence
            
   76E.    Determination of value and assessment of duty
            
   76F.    Payment of duty
            
   76G.    Applicant’s statement of value in application
            
   76H.    Seller’s obligation to notify purchase price
            
   76I.    Use of dealer registered vehicle for other purposes
            
   76J.    Use of specialised equipment on another vehicle
            
   76K.    Failure to apply for transfer of licence
            
   76L.    Powers of Director General and Commissioner
            
   76M.    Duty to be remitted to Commissioner
            
   76N.    Records

   PART IIID -- Leases  

   77.     Agreement for any lease to be charged as a lease
            
   77A.    Offer to lease
            
   78.     Leases: how to be charged in respect of produce etc.
            
   79.     Directions as to duty in certain cases
            
   80A.    Power to exempt instruments made for charitable or similar purposes

   PART IIIE -- Mortgage duty

           Division 1 -- Interpretation for this Part  

   81.     M, MC Terms used in this Part
            
   82.     Meaning of “mortgage”
            
   83.     Meaning of “advance”
            
   84.     Meaning of “loan”
            
   85.     Meaning of “home mortgage”

           Division 2 -- Liability for mortgage duty  

   85A.    Mortgage duty abolished from 1 July 2008
            
   86.     Assessing mortgage duty
            
   86A.    Exemption -- refinancing home loans
            
   86B.    Exemption -- refinancing small business loans
            
   87.     Liability dates
            
   88.     Stamping before advance

           Division 3 -- Amount secured by a mortgage  

   89.     The secured amount
            
   90.     Contingent liabilities
            
   91.     Mortgage over property partly outside WA
            
   91A.    Mortgage packages
            
   91B.    Collateral mortgages
            
   91C.    Extent to which mortgage can be enforced
            
   91D.    Use of stamped and collateral mortgages as security
            
   91E.    Multi-jurisdictional statement
            
   91F.    Exemptions for charitable or public purposes

   PART IIIF -- Insurance

           Division 1 -- Interpretation in Part IIIF and connection to the State  

   91G.    Effect of Duties Act 2008 on this Part
            
   92.     Terms used in this Part
            
   92A.    Meaning of “general insurance” and connection to the State
            
   92B.    Additional insurance -- life riders
            
   92C.    Payment of premiums

           Division 2 -- Registration of insurers  

   93.     Insurers to be registered
            
   93A.    Registration of insurers
            
   93B.    Cancelling registration of insurers

           Division 3 -- Duty payable by insurers  

   94.     Lodging returns and paying duty
            
   94A.    Calculating the amount of duty payable on a return
            
   94B.    Return period of an insurer

           Division 4 -- Duty payable by insured persons  

   95.     Meaning of “Division 4 insurer”
            
   95A.    Insured person to lodge statement and pay duty
            
   95B.    Insurer and intermediary to notify Commissioner of contracts of insurance

           Division 5 -- General provisions  

   96.     Apportionment of premiums and instalments
            
   96A.    Refunds
            
   96B.    Records

   PART IVB -- Hire of goods

           Division 1A -- Abolition of duty  

   112.    Hire of goods duty abolished from 1 January 2007

           Division 1 -- Interpretation in PART IVB  

   112I.   Meaning of “commercial hire business”
            
   112IA.  Meaning of “goods”
            
   112IB.  Meaning of “hire of goods”
            
   112IC.  Meaning of “State hire of goods”
            
   112ID.  Meaning of “equipment financing arrangement” and “hire purchase agreement”
            
   112IE.  Meaning of “hiring charges”
            
   112IF.  Terms used in this Part

           Division 2 -- Registration of commercial hire businesses  

   112J.   Commercial hire businesses to be registered
            
   112JA.  Registration of commercial hire businesses
            
   112JB.  Cancelling registration of commercial hire businesses

           Division 3 -- Connection to the State  

   112K.   Connection to the State -- hire of goods and persons to which this Part applies

           Division 4 -- Commercial hire businesses  

   112L.   Lodging returns and paying duty
            
   112LA.  Calculating the assessable amount for a return period
            
   112LB.  Calculating the amount of duty payable on a return
            
   112LC.  Return period for a commercial hire business
            
   112LD.  Annual reconciliation

           Division 5 -- Persons other than commercial hire businesses  

   112M.   Statement of transaction
            
   112MA.  Lodging statements and paying duty
            
   112MB.  Method of calculating total hiring charges if they are not readily ascertainable

           Division 6 -- General provisions  

   112N.   Credit for duty paid in another Australian jurisdiction
            
   112NA.  Splitting or redirecting hiring charges -- anti-avoidance provision
            
   112NB.  Ascertainment and disclosure of place of use of goods
            
   112NC.  Records

   PART IVC -- Exemptions in relation to aged or disabled persons  

   112Q.   Certain residential agreements with charitable bodies exempt
            
   112R.   Certain aged care agreements exempt
            
   112S.   Instruments not required to be lodged

   PART IVD -- Maintenance agreements and orders  

   112UA.  Terms used in this Part
            
   112UB.  Application of Part IVD
            
   112UC.  Duty on maintenance agreements and orders
            
   112UD.  Duty on conveyance or transfer under maintenance agreement or order

   PART IVE -- Managed investment schemes  

   112UE.  Duty on certain instruments for the purpose of managed investment schemes

   PART V -- Miscellaneous  

   113.    Commissioner may impound unstamped documents
            
   114.    Commissioner may destroy instruments
            
   119.    M Certain exemptions where the State of Western Australia etc. is a party
            
   120.    Regulations
            
   121.     Application of section 1070A of the Corporations Act limited
            
   122.    Transitional provisions
           SECOND SCHEDULE
           THIRD SCHEDULE
           SCHEDULE 4 -- Transitional provisions