Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A marketable
security or right in respect of shares of a WA company is, for the purposes of
a stamp Act, taken to be situated in Western Australia, irrespective of where
the register on which it is registered by the company is situated and despite
section 1070A(4) of the Corporations Act or any other law.
(2) A marketable
security or right in respect of shares of a foreign company is, for the
purposes of a stamp Act, taken to be situated in Western Australia if it is
registered on a register kept by the company in Western Australia.
(3) A unit in a unit
trust scheme is, for the purposes of a stamp Act, taken to be situated in
Western Australia if —
(a) the
scheme’s principal register is kept in Western Australia; or
(b)
where the scheme’s principal register is not kept in Western Australia,
the scheme’s manager, or if the scheme does not have a manager, the
trustee, is —
(i)
an individual, resident in Western Australia;
(ii)
a WA company; or
(iii)
a foreign company with a registered office under the
Corporations Act in Western Australia.
(4) A marketable
security or right in respect of shares of a company that is taken under the
Corporations Act to be registered in another State or Territory is, for the
purposes of a stamp Act, taken not to be situated in Western Australia even if
it is registered on a register in Western Australia.
(5)
Subsection (1) is declared to be a Corporations legislation displacement
provision for the purposes of section 5G of the Corporations Act in
relation to section 1070A(4) of that Act.
[Section 39 inserted by No. 66 of 2003
s. 15.]
[ 39A. Deleted by No. 2 of 2003 s. 24.]