Western Australian Repealed Acts

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This legislation has been repealed.

DEATH DUTY ASSESSMENT ACT 1973


TABLE OF PROVISIONS

           Preamble
           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Repeal and application  
   4.      Division of Act  
   5.      Definitions  

   PART II -- Administration  

   6.      Functions of Commissioner, etc.  
   7.      Secrecy of information  

   PART III -- Liability to duty  

   8.      Duty on estates of deceased persons  
   9.      Duty to be paid by administrators  

   PART IV -- Dutiable property and deductions  

   10.     Property comprised in estate for purposes of this Act  
   11.     Deduction of liabilities in calculation of final balance  
   12.     Deduction of certain legacies, etc., in calculation of final balance  

   PART V -- Statements  

   13.     Statement to be filed  
   14.     Powers of Commissioner where statement is not filed  
   15.     Power of Commissioner to require additional information  
   16.     Alterations to statements  

   PART VI -- Assessment of duty  

           Division 1 -- General  

   17.     Assessment of duty  
   18.     Power to compromise duty  
   19.     Ascertainment of duty on property passing to an uncertain person or on an uncertain event  
   20.     Notice of assessment  

           Division 2 -- Amendment of assessments  

   21.     Amendment of assessments  

           Division 3 -- Exemption, allowances and rebates  

   22.     Exemption for widows and widowers  
   23.     Allowances in relation to dependent children  
   24.     Furniture and personal effects allowance  
   25.     Quick succession allowance  
   26.     Reduction of duty in certain cases where stamp duty has been paid  
   27.     Reduction of duty where duty is also payable outside the State  
   28.     Reduction of duty where deceased died on or as a result of active service  
   29.     Application of and method of applying this Division  

   PART VII -- Payment of duty  

           Division 1 -- Time for payment; interest.  

   30.     Time for payment of duty  
   30A.    Arrangements in case of hardship  
   31.     Deferment of duty  
   32.     Interest on duty  

           Division 2 -- Collection and recovery  

   33.     Duty a debt to Her Majesty and a charge on estate  
   34.     Recovery of duty by Commissioner  
   35.     Administrator to pay duty out of property vested in him  
   36.     Person liable to pay duty may apply for order to sell  
   37.     Powers of Court  

           Division 3 -- Adjustment  

   38.     Adjustment of duty  
   39.     Duty on limited interest payable out of corpus  

           Division 4 -- Miscellaneous  

   40.     Purchasers not bound to inquire  
   41.     Court may make vesting order  

           Division 5 -- Release and disposal of assets  

   42.     Property not to be disposed of without consent of Commissioner  
   43.     Property accruing by survivorship not to be registered without consent of Commissioner  
   44.     Assets not to be released without consent of Commissioner  
   45.     Exceptions in case of certain life assurance policies  
   46.     Exceptions in case of bank accounts  

   PART VIII -- Valuation  

           Division 1 -- General  

   47.     Property to be valued at date of death  
   48.     Outstanding options to be disregarded  
   49.     Ascertainment of value of debts  
   50.     Valuation of shares in unadministered estates and trust estates  
   51.     Valuation of interest of tenant in common  

           Division 2 -- Valuation of partnershp interests and company shares  

   52.     Valuation of partnership interests  
   53.     Non-domiciled persons with partnership interests in this State  
   54.     Valuation of shares in private companies  
   55.     Valuation of shares in other companies  
   55A.    Deduction in respect of loss on sale of certain marketable securities  
   56.     Certain valuation provisions to be disregarded  

   PART IX -- Objections and appeals  

   57.     Objections  
   58.     Appeals  

   PART X -- Penal provisions  

   59.     Obstructing officers  
   60.     Offences  
   61.     Institution of prosecutions  
   62.     Penalties not to affect liability  

   PART XI -- Miscellaneous  

   63.     Dispositions etc. made to avoid or diminish duty  
   64.     Commissioner may state a case to Court  
   65.     Power of Commissioner to obtain information and inspect documents  
   66.     Inspection of statements, etc.  
   67.     Consent of Commissioner to dealings, dispositions, etc.  
   68.     Evidence  
   69.     Service of notices, etc.  
   70.     Regulations  
           Compilation table


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