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Version No. 144
Stamps Act 1958
Act No. 6375/1958
Version incorporating amendments as at 26 May 1998
TABLE OF PROVISIONS
Section
1.
2.
3.
3A.
Short Title and commencement
Repealed
Definitions
Act binds State Bank
Page
1
1
2
9
PART 1—COLLECTION OF FEES BY STAMPS
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Definition
Certain fees payable to the Government to be collected by stamps
Stamps to be impressed or adhesive
Power to Governor in Council to order fees to be paid in money
instead of stamps
Documents requiring payment of fees not to be evidence without
receipt of fees
Documents not properly stamped to be invalid
Court to note document not duly stamped
Where stamps are required, officer to see that they are attached
Penalty for issuing documents not stamped or failing to cancel
stamps etc.
Proof in proceedings for penalties
Power to justices to mitigate penalties in certain cases
Nothing to interfere with power of Governor in Council etc. to
alter fees etc.
Regulations
10
10
10
11
11
12
13
13
14
14
15
16
16
17
PART 2—COLLECTION OF DUTIES BY STAMPS
18
Division 1—Grant of Stamp Duties
18
17.
17A.
18.
19.
Granting, evasion and non-payment of duties
Recovery of duties
All duties to be paid according to the provisions of this Act
Power to Governor in Council to order duties to be paid in money
instead of stamps
i
18
19
20
20
Section
20.
Page
Documents requiring payment of duty not to be evidence without
receipt of duty
21
Division 2—General Provisions
21
21.
22.
23.
24.
24A.
25.
26.
27.
28.
28A.
29.
How instruments to be written and stamped
Instruments to be separately charged with duty in certain cases
Use of appropriated stamps
Facts affecting duty to be set forth in instruments
Continuing offences
Money in foreign currency to be valued
Valuation of marketable securities and rights in respect of shares
Effect of statement of value
Stamping of instruments after execution
Remission of penalty
Unstamped instruments receivable in evidence in any court on
payment of duty and penalty
30. Instrument not duly stamped inadmissible
31. In certain cases payment of duty on some other instrument to be
denoted
32. Expression of opinion as to duty by Comptroller of Stamps
32AA. Refunds
32A. Refunds to be paid to person entitled
32B. Application of section 32A to proceedings
33. Default assessments
33A. Objections
33B. Appeals
33C. Proceedings on references and appeals
33D. References to Land Valuation Board of Review
33E. References to Administrative Appeals Tribunal
33F. Appeals to Court
33G. Effect of reference or appeal on payment of amounts
33GAA. Assessment of duty on two or more documents
33GA. Provision of this Act to prevail
34. Evidence by affidavit etc.
35. Public officers to permit rolls books etc. to be inspected
36. Inspection of documents etc.
37. Unstamped instruments not to be received by public officers
38. How duties to be denoted
39. General direction as to the cancellation of adhesive stamps
40. Failure to appropriate moneys received as duty
40A. Power to authorize payment of duty on a return system
41. Offset of overpaid duty by return
Division 2A—Approval of special return arrangements
ii
21
22
22
23
24
24
24
25
26
27
27
28
29
29
32
34
35
36
37
38
39
40
40
42
42
43
43
43
44
44
46
47
47
48
49
51
53
Section
42.
43.
44.
45.
46.
47.
Page
Definition
Approval of special return arrangements
Application for approval
Conditions of approval
Gazettal or service of notices
Effect of approval
53
53
54
54
55
55
Division 3—Special Provision
56
Subdivisions (1)–(3)—Repealed
56
41–55. Repealed
56
(4) Transfer of Marketable Securities; Direction as to Certain Shares
55A. Application of subdivision
55B. Liability to pay duty in respect of transfers of marketable
securities
56. Stamping of transfers of marketable securities etc.
56A. Assignment of interest under will etc.
56B. Partition of marketable securities
57. Transfer, how stamped
58. Repealed
59. Statements of sales of marketable securities etc.
59A. Definitions
60. Issue or allotment of shares by direction
(4A) Marketable securities general
56
57
58
59
60
60
61
61
64
69
70
60A. Definitions
71
(4AA) Duty on sales and purchases by brokers
60B.
60C.
60D.
60E.
56
Sales and purchases to be recorded
Returns to be lodged and duty paid
Endorsement as to payment of duty
Power to dealer to recover duty from vendor etc.
(4AB) Duty on certain SCH-regulated transfers
60EA.
60EB.
60EC.
60ED.
60EE.
Application of subdivision
Transfer documents treated as instruments of transfer
SCH participant liable to pay duty
Record of SCH-regulated transfers
Particulars to be included by relevant participant in transfer
document
60EF. Relevant SCH participant's identification code equivalent to
stamping
60EG. Report to be made and duty paid
60EH. Refund for error transaction
iii
73
73
77
81
82
83
83
84
84
85
86
86
87
88
Section
Page
(4AC) The Securities Clearing House
60EI. Registration as the securities clearing house
60EJ. Monthly return
60EK. Particulars reported by participants to be kept by SCH
60EL. Disclosure to SCH of information
(4B) Registration of Transfer of Shares &c. by Corporations
88
88
89
90
90
90
60F. Transfers of marketable securities not to be registered unless duly
stamped
90
(4C) Duty on Transactions on Branch and other Registers
60G. Definitions
60H. Returns to be lodged by companies
(5) Duty on sales and purchases by futures members
92
93
93
96
60I. Repealed
60J. Application of subdivision
60K. Sales and purchases by futures members
60L. Returns by futures members
61, 62. Repealed
96
96
96
97
99
(5B) Takeovers of Victorian public companies
99
62F.
62G.
62H.
62I.
62J.
Definitions
Statement on entitlement to voting shares
Form of statement
Assessment and payment of duty
Offences relating to statements
(6) Conveyance of Real Property and Land Transfer
99
100
101
102
103
103
63. Definitions
103
63A. Conveyance to be accompanied by statutory declaration by
transferor
108
63B. Refurbished lots
109
64. A lease with covenant for future transfer to be deemed a present
transfer
111
64A. Statement on transfer to trustee as beneficial owner
111
64B. Statement on change of beneficial ownership
113
65. Assignment of interest under will etc. deemed conveyance on sale115
66. Transfer of Crown leasehold deemed conveyance or transfer of
real property
116
67. Conveyance giving effect to more than one sale
116
67A. Duty in respect of 2 or more transactions
117
68. Conveyances as a result of single transaction
122
69. Instruments executed in order to evade duty absolutely void
124
70. Duty on conveyance to be denoted by impressed stamp
124
iv
Section
Page
71. Family farm exemption
71A. Exemptions and rebates on purchase of first dwelling
71B. Exemption for first home buyers
72. Certain deductions to be made before assessment
73–74A. Repealed
(7) Duty on change of control of certain land-owning corporations
and unit trusts
75.
75A.
75B.
75C.
75D.
75E.
75F.
75G.
75H.
75I.
75J.
75K.
75L.
75M.
75N.
75O.
Definitions
Refund of duty to trustee
Valuation of real property
Notice may be registered on title
Charge on real property
Power of sale
Application of proceeds of sale
When statement to be lodged
Statement chargeable with duty
Corporations to which this subdivision applies
Meaning of relevant acquisition
Meaning of "interest", "majority interest" and "further interest"
How dutiable value is determined
Liability for duty
Unit trust schemes
Subdivision not to apply in certain circumstances
(8) Lease or Agreement for a Lease
125
128
132
138
140
141
141
148
149
149
152
152
153
155
156
157
161
162
163
165
166
169
169
76.
77.
78.
79.
Definitions
Agreement to be charged as if a lease
How leases to be charged in respect of produce etc.
Duty chargeable where instrument of lease relates also to other
matters
80. Refund of part of duty on certain leases
81. Directions as to duty in certain cases
82. Lessee, transferee etc. liable to payment of duty
83. Additional duty where rental under lease re-appraised
83A. Application
(9) Instrument of Settlement
170
170
170
171
172
172
173
173
175
178
84. Definition
85. Payment
86–91. Repealed
178
178
178
Subdivision (10)—Repealed
178
92–94. Repealed
178
(11) Insurance and Assurance Business
v
179
Section
Page
95. Definitions
96. Companies etc. carrying on insurance business to be registered
97. Returns and payments of duty to Comptroller of Stamps
98. Premiums
99. Premiums on which stamp duty payable
100–103. Repealed
104. Duty on open policies
105. Power to summon and examine witnesses
106–109. Repealed
110. Stamp duty payable on certain policies on marine risks
110A. Duty to be payable by insured in certain circumstances
110B. Undertaking by unregistered company etc.
111. Refund of overpaid duty
(11A) Policies of Life Insurance
111A.
111B.
111C.
111D.
179
183
184
188
191
193
194
194
194
195
197
198
199
200
Definitions
Policies of life insurance to be dutiable
Certain additional benefits to be disregarded
Special provisions for payment of duty by approved insurers
(11B) Transport Accident Charges
200
201
202
202
204
111E. Definitions
111F. Returns by Commission
111G. Commission to keep records
(11C) Superannuation Funds
204
204
206
206
111H. Definitions
111I. Exemption from duty
206
207
(12) Betting Instruments
208
112. Definitions
113, 114. Repealed
115. Automatic recorder
115A. Approval to use automatic recorder
115B. Penalty for unauthorized use of automatic recorder
116. Repealed
117. Betting-tickets and betting-books
118. Production and inspection of betting-tickets etc.
119. Weekly periods for betting tax purposes
120. Bookmaker's statements
121. Payment and recovery of stamp duties upon bookmaker's
statements
121AA. Production of betting-books
121A. Suspension of certificates
122. Repealed
123. Penalties
vi
208
210
211
211
212
211
212
217
218
219
224
225
225
225
226
Section
Page
124. Frauds
125. Returns by racing clubs etc.
126. Notice of sports meetings
127. Enforcement of penalties in case of racing clubs etc.
128. When information for offence may be laid
128A. Stamp duty on illegal bookmaking
129. Subdivision not to operate so as to render lawful any unlawful
betting etc.
130. Regulations
(13) Counterpart of Instrument
(13A) Rental Business
231
232
131AA. Definitions
131AB. Persons carrying on rental business to be registered
131AC. Statements to be lodged by registered persons with
Comptroller
131AD. Registered persons to keep records
131ADA. Repealed
131AE. Penalties
131AF. Transactions with unregistered persons
131AFA. Repealed
131AG. Undertaking to pay duty
(14) Instalment Purchase Agreements
Definitions
Imposition of duty on instalment purchase agreement
Declaration of "approved vendors"
Preparation of instrument
Counterparts not separately chargeable
Penalty
Repealed
Subdivision (15)—Repealed
232
237
238
243
243
244
245
245
247
248
248
250
250
252
254
255
254
254
137. Repealed
254
(16) Applications for Registration of and Notices of Acquisition in
respect of Motor Vehicles and Commercial Trailers
137A.
137AA.
137AB.
137AC.
137AD.
230
230
231
131. Counterpart to be stamped as original instrument etc.
131A.
131B.
131C.
131E.
131F.
131G.
132–136.
227
227
227
228
228
228
255
Definitions; duty to be paid on application for registration etc.256
Registered used car dealers
259
Statements by registered used car dealers
260
Debt due where stamp duty not paid
261
Dealers to keep records
261
vii
Section
137AE.
137AF.
137AFA.
137AG.
137B.
137C.
Page
Dealer to endorse registration number
Refund for double payment of duty
Refund of duty if sale cancelled
Notice of change of use
Ascertainment of value of motor vehicles and commercial
trailers
Sums received to be paid into Consolidated Fund
262
263
264
265
266
270
Subdivision (16A)—Repealed
269
137CA–137CC. Repealed
269
(17) Mortgage, Bond, Debenture or Covenant
137D.
137DA.
137DB.
137E.
137EA.
137F.
137G.
137H.
137I.
137IA.
137J.
137K.
137L.
137LA.
137M.
Definitions
Charges secured on property in and outside Victoria
Caveats
Charge on security for marketable security
Penalty when mortgage not stamped as required
Charge on security for future advances
Charge on security for repayment by periodical payments
As to transfers and further charges
Collateral security
Stamping collateral security as primary security
Payment and denoting of duty
Foreign securities may be stamped without penalty
Penalty for issuing etc. foreign security not duly stamped
Subsequent mortgages
Duty on subscriptions under instruments which secure
debenture holders
137MA. Application for exemption from stamp duty payable on
mortgage
137MB. Exemption for certain corporate debentures
137MBA. Exemption of certain debentures and related instruments
from duty
137MC. Exemption for re-financed loans
137N.
Definitions
270
270
274
277
278
278
278
281
282
282
283
283
283
284
284
284
288
289
291
292
294
(17A) Mortgage-backed securities
298
137NA. Definitions
137NB. Exemption from duty
298
301
Subdivisions (18), (19)—Repealed
301
137O, 137P. Repealed
301
(20) Exemptions
303
viii
Section
Page
137Q. Limit of application of provisions of this Act
137R. Corporate reconstructions
137S. Exemption: special trusts and land tax
PART 3—ADMINISTRATION, LICENCES, OFFENCES,
REGULATIONS, ETC.
138. Definition
139. Duties to be managed by Comptroller of Stamps
140. Administration
140A. Secrecy provisions
140AA. Repealed
140B. Comptroller to keep register of certain registrations
140C. Power to extend period for payment of duty
141. Notice of discontinuance of dies
142. Duty stamps only to be used for purposes of this Act
143. Comptroller of Stamps to appoint distributors of stamps
144. Appointment of sellers of duty stamps
145. Granting of licences to deal in stamps
146. How licence to be notified
147. Discount or commission
148. Bankruptcy, insolvency or death of licensee
149. Allowance for spoiled stamps
150. Allowance for misused stamps
151. Repurchase by Minister of stamps not wanted
152. Penalty on unauthorized persons holding themselves out as
dealers in stamps
153. No person except distributor to deal in stamps without licence
154. Penalty for unauthorized dealing in stamps
155. Penalty for hawking stamps
156. Penalty for fraudulently removing, selling etc. stamps
157. Defacement of adhesive stamps
158. Proceedings not to be quashed for want of form etc.
159. Stay of proceedings and reward of informer
160. Applications of penalties
161. Criminal offences relating to stamps
162. Entry and search where offence suspected
163. Further proceedings for the detection of forged stamps
164. Mode of proceeding when stamps are seized
165. Licensed person in possession of forged stamps
166. Proceedings for the detection of stamps stolen or obtained
fraudulently
166AA. Comptroller may require information
166A. Warrant to enter and search premises
166AB. Comptroller may seek injunction
166AC. Garnishee
ix
303
304
305
306
306
306
306
307
308
309
310
311
312
313
313
314
315
316
316
317
322
323
324
324
324
325
326
327
327
327
328
328
330
331
332
333
333
335
336
338
338
Section
Page
166AD. Service of process in recovery proceedings
166B. Evidence
166C. Judicial notice
166D. Payments from Consolidated Fund
166E. Supreme Court—limitation of jurisdiction
167. Regulations
__________________
340
340
345
346
346
346
SCHEDULES
348
SCHEDULE 1—Repealed
346
SCHEDULE 2
348
SCHEDULE 3
349
SCHEDULE 4
388
৶৶৶৶৶৶৶৶৶৶৶৶৶৶৶
NOTES
389
1. General Information
389
2. Table of Amendments
390
3. Explanatory Details
409
x
Version No. 144
Stamps Act 1958
Act No. 6375/1958
Version incorporating amendments as at 26 May 1998
An Act to consolidate the Law relating to Stamps.
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
S. 1
amended by
Nos 6450
s. 6(1) (as
amended by
No. 6489 s. 4),
7193 s. 2(1)(a),
7204 ss 6(a),
7(a), 8(2), 7416
s. 10(a), 7500
s. 2(a), 7506
s. 24(a), 7585
s. 2(1)(a), 7830
s. 5(2), 8020
s. 3(1)(a), 8624
s. 2(1), 9120
s. 3(2), 9208
s. 3(1), 9541
s. 8, 9662
s. 2(a)-(f),
10118
ss 10(2), 12(3),
10256
s.
S. 18(1)(a).
2
1. Short Title and commencement
This Act may be cited as the Stamps Act 1958,
and shall come into operation on a day to be fixed
by proclamation of the Governor in Council
published in the Government Gazette.
*
repealed by
No. 17/1993
s. 13(1)(a).
AB-26/5/98
*
*
1
*
*
Stamps Act 1958
Act No. 6375/1958
3. Definitions
AB-26/5/98
s. 3
No. 5204 s. 3.
In this Act unless inconsistent with the context or
subject-matter—
S. 3
amended by
No. 44/1994
s. 4.
"associate" has the same meaning as in section 9
of the Corporations Law;
S. 3 def. of
"associate"
inserted by
No. 86/1997
s. 15.
"books" includes any register or other record of
information and any accounting records
(within the meaning of the Corporations Law
however compiled, recorded or stored and
also includes any other document;
S. 3 def. of
"books"
inserted by
No. 9991
s. 27(1),
amended by
No. 119/1994
s. 33(9)(a)(i).
"broker" means a person, firm or corporation
who or which is a member of the Australian
Stock Exchange Limited and is carrying on
business in Victoria;
S. 3 def. of
"broker"
inserted by
No. 44/1994
s. 4.
"broker's agent" means any agent or employee
of any person who is a broker within the
meaning of any corresponding Act and who
is carrying on business for and on behalf of
that person in Victoria;
S. 3 def. of
"broker's
agent"
inserted by
No. 44/1994
s. 4.
"Comptroller" and "Comptroller of Stamps"
mean Commissioner of State Revenue under
the Taxation Administration Act 1997;
S. 3 def. of
"Comptroller"
and
"Comptroller
of Stamps"
inserted by
No. 40/1997
s. 138(Sch. 2
item 13.1).
"corresponding Act" means any law in force in
any State or Territory of the Commonwealth
in respect of which there is in force a
proclamation of the Governor in Council
declaring that law to be a "corresponding
Act" for the purposes of subdivision (4A) of
S. 3 def. of
"corresponding Act"
inserted by
No. 44/1994
s. 4.
2
Stamps Act 1958
Act No. 6375/1958
s. 3
Division 3 of Part II or for the purposes of
this Act;
S. 3 def. of
"counterpart"
inserted by
No. 7268
s. 2(1).
"counterpart" includes a duplicate;
S. 3 def. of
"CUFS"
inserted by
No. 42/1996
s. 22(1).
"CUFS" means any interest, issued by or on
behalf of CHESS Depositary Nominees Pty
Ltd, that provides beneficial ownership in
respect of—
(a) shares in a corporation incorporated
outside Australia; or
(b) units in a public unit trust scheme—
being shares or units that are quoted on the
market operated by Australian Stock
Exchange Limited;
S. 3 def. of
"dealer"
inserted by
No. 44/1994
s. 4.
"dealer" means a broker or a broker's agent
within the meaning of this Act or any
corresponding Act;
S. 3 def. of
"die"
amended by
No. 6910
s. 2(a)(b).
"die" includes any plate type tool machine or
implement whatever used under the direction
of the Minister (whether or not used for any
other purpose) for expressing or denoting
any duty or the fact that any duty or penalty
has been paid or that an instrument is duly
stamped or is not chargeable with any duty
and also any part of any such plate type tool
machine or implement;
S. 3 def. of
"error
transaction"
inserted by
No. 44/1994
s. 4.
"error transaction" means each of the following
transfers—
(a) an SCH-regulated transfer made to
reverse an SCH-regulated transfer that
AB-26/5/98
3
Stamps Act 1958
Act No. 6375/1958
s. 3
was made mistakenly not more than
7 days earlier;
(b) the SCH-regulated transfer so reversed;
"executed" and "execution" with reference to
instruments not under seal mean respectively
signed and signature;
"foreign company" has the same meaning as in
section 9 of the Corporations Law;
S. 3 def. of
"foreign
company"
inserted by
No. 44/1994
s. 4.
"forge" and "forged" include respectively
counterfeit and counterfeited;
"futures member" means a futures broker within
the meaning of the Corporations Law who is
carrying on business in Victoria;
S. 3 def. of
"futures
member"
inserted by
No. 101/1995
s. 37.
"futures contract" has the same meaning as in
the Corporations Law;
S. 3 def. of
"futures
contract"
inserted by
No. 101/1995
s. 37.
"identification code", in relation to an SCH
participant, means a code that, for the
purposes of the SCH business rules, is the
SCH participant's identification code, or one
of the SCH participant's identification codes,
as the case may be;
S. 3 def. of
"identification
code"
inserted by
No. 44/1994
s. 4.
"instrument" includes every written document;
"IR" means any interest, issued by a trustee in
connection with the disposal by the
Commonwealth of shares, that provides
beneficial ownership in respect of shares that
AB-26/5/98
4
S. 3 def. of
"IR"
inserted by
No. 42/1996
s. 22(2)(a).
Stamps Act 1958
Act No. 6375/1958
s. 3
are quoted on the market operated by
Australian Stock Exchange Limited;
S. 3 def. of
"marketable
security"
substituted by
Nos 6791
s. 2(a), 7416
s. 10(b),
amended by
No. 12/1989
s. 4(1)(Sch.
item 111.1) (as
amended by
No. 13/1990
s. 38(2)(s)),
42/1996
s. 22(2)(b)(i)(ii)
(3)(a).
"marketable security" means—
(a) any stock or share of any municipal
council or other corporation or
company or society;
(b) any debenture debenture stock bond
note or other security of a Government
or of any municipal or other corporation
company or society, whether
constituting a charge on the assets of
the Government municipal or other
corporation company or society or not;
(c) any right or interest (whether described
as a unit or sub-unit or otherwise) of a
beneficiary under a unit trust scheme;
(d) any IR;
(e) any CUFS;
"material" includes every sort of material upon
which words or figures can be expressed;
"money" includes all sums expressed in
Australian or in any other currency;
S. 3 def. of
"odd lot"
inserted by
No. 44/1994
s. 4.
"odd lot" means a parcel of marketable securities
or rights in respect of shares which is, under
the rules of the stock exchange on which the
sale or purchase is effected, required to be
bought or sold through an odd lot specialist;
S. 3 def. of
"odd lot
specialist"
inserted by
No. 44/1994
s. 4.
"odd lot specialist" means a broker who is
approved by the Comptroller of Stamps on
the recommendation of the stock exchange of
which he is a member as an odd lot specialist
for the purposes of this Part;
AB-26/5/98
5
Stamps Act 1958
Act No. 6375/1958
s. 3
"officer" includes any person in the employment
of the Government of Victoria receiving
payment for his services from moneys voted
by the Parliament of Victoria;
"Part" means Part of this Act;
"person" includes corporation company and
society;
"prescribed" means prescribed by this Act or by
the regulations;
"proper SCH transfer" has the same meaning as
in section 9 of the Corporations Law;
S. 3 def. of
"proper SCH
transfer"
inserted by
No. 44/1994
s. 4.
"public unit trust scheme" means—
S. 3 def. of
"public unit
trust scheme"
inserted by
No. 42/1996
s. 22(3)(b).
(a) a unit trust scheme any of the units of
which are listed for quotation on—
(i) the Australian Stock Exchange; or
(ii) any other stock exchange
prescribed for the purposes of this
definition; or
(b) a unit trust scheme—
(i) that is the subject of a deed
approved under Division 5 of Part
7.12 of the Corporations Law or a
corresponding law; and
(ii) any of the units of which have
been offered to the public; and
(iii) in respect of which no fewer than
50 persons hold units;
"regulations" means regulations made under this
Act;
AB-26/5/98
6
Stamps Act 1958
Act No. 6375/1958
s. 3
"related corporation" in relation to a corporation
means a corporation that is by virtue of
section 50 of the Corporations Law related to
the first-mentioned corporation;
S. 3 def. of
"related
corporation"
inserted by
No. 8157
s. 12(1)(f),
amended by
Nos 9699
s. 23,
119/1994
s. 33(9)(a)(ii).
S. 3 def. of
"relevant
company"
inserted by
No. 44/1994
s. 4.
"relevant company" means—
S. 3 def. of
"relevant SCH
participant"
inserted by
No. 44/1994
s. 4.
"relevant SCH participant", in relation to the
SCH-regulated transfer, means the SCH
participant who is, according to subdivision
(4AB), liable to pay duty chargeable in
respect of the transfer, or, if no duty is
chargeable, the SCH participant who would
be so liable if duty were chargeable;
S. 3 def. of
"right in
respect of
shares"
substituted by
No. 6791
s. 2(b).
"right in respect of shares" means any right
whether actual prospective or contingent of
any person to have issued to him any
marketable security whether or not on
payment of any money or other consideration
for such marketable security;
S. 3 def. of
"SCH"
inserted by
No. 44/1994
s. 4.
"SCH" means the securities clearing house
registered by the Comptroller of Stamps
under subdivision (4AC);
(a) a Victorian registered company; or
(b) a foreign company with a registered
office under the Corporations Law that
is situated in Victoria;
AB-26/5/98
7
Stamps Act 1958
Act No. 6375/1958
"SCH business rules" has the same meaning as
in section 9 of the Corporations Law;
"SCH participant" has the same meaning as in
section 9 of the Corporations law;
"SCH-regulated transfer" has the same meaning
as in section 9 of the Corporations Law;
s. 3
S. 3 def. of
"SCH
business
S.
3 def. of
rules"
"SCH
inserted by
participant"
No. 44/1994
inserted
by
s. 4.
No. 44/1994
s. 4.
S. 3 def. of
"SCHregulated
transfer"
inserted by
No. 44/1994
s. 4.
"Schedule" means Schedule to this Act;
"stamp" means duty stamp whether impressed by
means of a die or adhesive, and "stamped"
has a corresponding interpretation;
"the chief office" means the chief office of the
Minister in which this Act is administered;
"transfer document" has the same meaning as in
section 1097 of the Corporations Law;
S. 3 def. of
"transfer
document"
inserted by
No. 44/1994
s. 4.
"transfer identifier", in relation to an SCHregulated transfer, means the distinctive code
assigned to the transfer as required by SCH;
S. 3 def. of
"transfer
identifier"
inserted by
No. 44/1994
s. 4.
"transfer value", in relation to an SCH-regulated
transfer of a marketable security, means—
S. 3 def. of
"transfer
value"
inserted by
No. 44/1994
s. 4.
(a) in the case of a transfer on sale—the
total consideration for the sale or the
unencumbered market value of the
security at the date of the sale,
whichever is the greater; or
AB-26/5/98
8
Stamps Act 1958
Act No. 6375/1958
s. 3A
(b) in any other case—the unencumbered
market value of the security at the date
of the transfer;
S. 3 def. of
"unit trust
scheme"
inserted by
No. 6791
s. 2(c).
"unit trust scheme" means any arrangements
made for the purpose, or having the effect, of
providing, for persons having funds available
for investment, facilities for the participation
by them, as beneficiaries under a trust, in any
profits or income arising from the acquisition
holding management or disposal of any
property whatsoever pursuant to that trust;
"utter" includes to utter offer dispose of or put
off;
S. 3 def. of
"Victorian
dealer"
inserted by
No. 44/1994
s. 4.
"Victorian dealer" means a broker or a broker's
agent;
S. 3 def. of
"Victorian
registered
company"
inserted by
No. 44/1994
s. 4.
"Victorian registered company" means a body
that is registered or taken to be registered, as
a company under the Corporations Law of
Victoria.
S. 3A
inserted by
No. 29/1988
s. 56(1).
3A. Act binds State Bank
This Act binds the State Bank of Victoria.
_______________
AB-26/5/98
9
Stamps Act 1958
Act No. 6375/1958
s. 4
PART I—COLLECTION OF FEES BY STAMPS
No. 5204 s. 4.
4. Definition
In this Part—
"fees" includes all fees dues duties taxes and
charges payable to the Crown or the
Consolidated Fund of Victoria under any of
the enactments (as amended by any Act)
specified in the Second Schedule or any
corresponding previous enactments or under
any rule or regulation or Order in Council
made thereunder, but does not include any
commission or remuneration in the nature of
a commission or poundage chargeable upon
or to be retained out of moneys levied by
execution or otherwise or any allowance or
payment to any person for travelling
expenses.
5. Certain fees payable to the Government to be collected
by stamps
From and after such time or respective times as
the Governor in Council heretofore by notice
published in the Government Gazette has
appointed or hereafter by such notice published in
the Government Gazette appoints, the following
fees, or such of them as have been or are specified
in such notice or respective notices, may be
collected by stamps, in money or in any prescribed
manner—
(a) all fees payable to the Crown or the
Consolidated Fund of Victoria or to the
several officers of Government, in the
several courts and offices, in respect of
matters or things to be done or performed
under the several enactments (as amended by
AB-26/5/98
10
S. 4 def. of
"fees"
amended by
No. 9549
s. 2(1).
Nos 5204 s. 5,
5842 s. 2.
S. 5
amended by
Nos 10118
s. 4(1),
65/1987
s. 4(a).
S. 5(a)
amended by
No. 9549
s. 2(1).
Stamps Act 1958
Act No. 6375/1958
s. 6
any Act) specified in the Second Schedule or
any corresponding previous enactments; and
S. 5(b)
amended by
Nos 9549
s. 2(1),
65/1987
s. 4(b).
No. 5204 s. 6.
(b) all fees payable to the Crown or the
Consolidated Fund of Victoria or to any
officers of the Government under any other
enactment now or hereafter in force which
the Governor in Council by any such notice
in the Government Gazette directs to be
collected by stamps, in money or in any
prescribed manner.
6. Stamps to be impressed or adhesive
All or any stamps to be used under this Part shall
be impressed or adhesive as the Governor in
Council directs.
No. 5204 s. 7.
7. Power to Governor in Council to order fees to be paid
in money instead of stamps
S. 7(1)
amended by
Nos 9662
s. 19(a), 10118
s. 4(2)(a),
repealed by
No. 65/1987
s. 4(c).
*
S. 7(2)
substituted by
No. 10118
s. 4(2)(b),
amended by
No. 65/1987
s. 4(d).
*
*
*
*
(2) Any fees under this Part that are paid in money—
S. 7(2)(a)
amended by
No. 18/1994
s. 66(Sch. 2
item 22.1).
(a) subject to paragraph (b), shall be paid in
money to a person, or person included in a
class of persons, declared by order of the
Minister published in the Government
Gazette to be an officer whose duty it is to
receive payment of fees by way of money,
who shall certify or denote on each
instrument to which the Order applies by an
AB-26/5/98
11
Stamps Act 1958
Act No. 6375/1958
s. 8
impressed stamp or impressed stamps or in
such other manner as is specified in the
Order the amount of fees paid; or
(b) in the case of fees payable in a court, may be
paid in money to a person, or person
included in a class of persons, declared, by
order of the Treasurer and the AttorneyGeneral published in the Government
Gazette to be an officer whose duty it is to
receive payment of fees by way of money.
S. 7(2)(b)
amended by
No. 10256
s. 4(1)(a).
(3) All persons who neglect evade or attempt to evade
payment of such fees shall, besides being subject
to such penalties as any law in force imposes for
any such acts of omission or commission, be also
liable to pay to Her Majesty as damages in
addition to such fees a sum which shall be double
the amount of the fees so neglected to be paid or
evaded or attempted to be evaded.
(4) Such fees and damages shall be recoverable with
full costs of suit by action in the Supreme Court in
the same manner as any debt duty or sum of
money due to Her Majesty, otherwise than upon or
by virtue of a recognisance, is recoverable under
the Crown Proceedings Act 1958.
8. Documents requiring payment of fees not to be
evidence without receipt of fees
(1) After the time named in the Order of the Governor
in Council authorized by the last preceding section
to be made no instrument to which the Order
applies and in respect of which any fee is payable
by any law in force at the time of the
commencement of this Act or at any time
thereafter shall be used or pleaded or received in
evidence except in criminal proceedings unless the
fee payable on such instrument is denoted on such
document or instrument or otherwise certified by a
AB-26/5/98
12
S. 7(4)
amended by
No. 6739 s. 2.
No. 5204 s. 8.
S. 8(1)
amended by
Nos 10118
s. 4(2)(c),
18/1994
s. 66(Sch. 2
items 22.2,
22.3).
Stamps Act 1958
Act No. 6375/1958
s. 9
person to whom a declaration under section
7(2)(a) applies or person who is for the time being
an officer of the Court declared under section
7(2)(b) in the manner provided by the regulations.
S. 8(2)
amended by
No. 6505 s. 2.
No. 5204 s. 9.
(2) The provisions of the next succeeding section
shall with such adaptations as are necessary
extend and apply to the provisions of this section.
9. Documents not properly stamped to be invalid
S. 9(1)
substituted by
No. 10118
s. 4(3)(a).
(1) Subject to this section, a document that ought,
under this Part, to bear a stamp or be denoted as
prescribed, shall not be of any validity unless it is
properly stamped or denoted as prescribed.
S. 9(2)
amended by
Nos 7332 s. 2,
57/1989
s. 3(Sch. item
184.1).
(2) If any such document is through mistake or
inadvertence received lodged filed or used without
being properly stamped, or if it appears upon any
such document being tendered in evidence or for
any other purpose that the same through
inadvertence has not been properly stamped, a
court may if it thinks fit order that the same be
stamped with stamps of such amount beyond the
fee due thereupon as he thinks reasonable, not
exceeding five times the amount of the stamp
which should have been impressed or affixed
thereon as in such order is directed.
(3) On such document being stamped accordingly the
same and every proceeding relative thereto shall
be as valid as if such document had been properly
stamped in the first instance.
No. 5204 s. 10.
10. Court to note document not duly stamped
S. 10
amended by
Nos 10118
s. 4(3)(b)(i)(ii),
57/1989
s. 3(Sch. item
184.2).
Except in criminal proceedings any document
which ought to be but is not, under this Part, duly
stamped or denoted as prescribed shall not nor,
though no objection is raised thereunto, shall any
court allow such document to be used until such
AB-26/5/98
13
Stamps Act 1958
Act No. 6375/1958
s. 11
document has been first duly stamped or denoted
as prescribed.
11. Where stamps are required, officer to see that they are
attached
(1) Every officer whose duty it is to receive any fee or
sum of money for any matter or thing to be done
or performed for which payment is made by
stamps—
No. 5204 s. 11.
S. 11
amended by
No. 10118
s. 4(3)(c)(i)-(iii).
(a) shall before doing or performing such matter
or thing see that there is attached to the
document instrument matter or thing in
respect whereof the fee or sum of money is
payable a stamp of value not less than the fee
or sum of money payable for the
performance of such matter or thing; and
(b) when an adhesive stamp is used, shall
immediately cancel the same by writing or
stamping or impressing in ink on the same
his name or initials and the date thereof so as
effectually to obliterate and cancel the stamp
and so as not to admit of its being used
again.
(2) An officer whose duty it is to receive a fee or sum
of money for any matter or thing to be done or
performed for which payment is made in money or
in any prescribed manner shall, before doing or
performing the matter or thing, comply with the
prescribed requirements with respect to denoting
or certifying an instrument or document, recording
a receipt or otherwise recording the payment.
12. Penalty for issuing documents not stamped or failing
to cancel stamps etc.
Every person who without lawful excuse (the
proof whereof shall be upon such person)—
AB-26/5/98
14
S. 11(2)
inserted by
No. 10118
s. 4(3)(c)(iii),
substituted by
No. 10256
s. 4(1)(b),
amended by
No. 65/1987
s. 4(e)(i)(ii).
No. 5204 s. 12.
S. 12
amended by
No. 9662
s. 23(a).
Stamps Act 1958
Act No. 6375/1958
s. 13
(a) files issues receives procures or delivers any
instrument or serves or executes any writ rule
order matter or proceeding not properly
stamped or denoted as prescribed as required
by this Act; or
S. 12(a)
amended by
No. 10118
s. 4(3)(d).
(b) does or performs or permits to be done or
performed any act matter or thing in respect
whereof a stamp should be used without
using such stamp; or
(c) fails or omits to cancel or obliterate any
adhesive stamp at the time and in the manner
prescribed by this Act—
shall be liable to a penalty of not more than 5
penalty units.
No. 5204 s. 13.
13. Proof in proceedings for penalties
In any proceeding for the recovery of any penalty
under this Part—
S. 13(a)
amended by
No. 10118
s. 4(3)(e)(i).
(a) the production of any instrument unstamped
or stamped with an insufficient stamp or the
stamp of which is not properly or sufficiently
obliterated and cancelled and which is not
denoted as prescribed under this Part; or
S. 13(b)
amended by
No. 10118
s. 4(3)(e)(ii).
(b) the proof of any instrument having been
unstamped or not sufficiently stamped and
not denoted as prescribed under this Part at
the time when it was filed issued received
procured delivered served or executed or of
any stamp not having been properly and
sufficiently obliterated and cancelled—
shall be prima facie evidence that without lawful
excuse—
(i) such instrument was filed issued
received procured delivered served or
AB-26/5/98
15
Stamps Act 1958
Act No. 6375/1958
s. 14
executed not properly stamped as
required by this Act; or
(ii) the act matter or thing in respect
whereof a stamp should have been used
was done or performed or permitted to
be done or performed without using
such stamp; or
(iii) the stamp was not cancelled or
obliterated at the time and in the
manner prescribed by this Act—
(as the case requires).
14. Power to justices to mitigate penalties in certain cases
Where any person is convicted before the
Magistrates' Court in any penalty incurred under
this Part, the court may, in the case of a first
offence where upon consideration of the
circumstances it deems it expedient so to do,
mitigate the payment of the said penalty but so
that the sum to be paid by such person is not less
than one-fourth part of the amount of the penalty
(exclusive of the costs and charges) in which such
person is convicted.
15. Nothing to interfere with power of Governor in
Council etc. to alter fees etc.
Nothing in this Part shall be deemed to interfere
with the power of the Governor in Council judges
or other persons empowered to alter or otherwise
regulate the amount of fees payable under any of
the enactments (as amended by any Act) specified
in the Second Schedule, or of directing that any
fee payable under any of the said enactments shall
cease to be payable.
AB-26/5/98
16
No. 5204 s. 14.
S. 14
amended by
Nos 7876
s. 2(3),
57/1989
s. 3(Sch. item
184.3).
No. 5204 s. 15.
Stamps Act 1958
Act No. 6375/1958
s. 16
No. 5204 s. 16.
16. Regulations
The Governor in Council may make regulations
for or with respect to all matters which are
necessary or expedient to be prescribed for
carrying out this Part and for regulating the use of
stamps under this Part, and in particular for or
with respect to—
(a) prescribing the application of this Part to
documents from time to time in use or
required to be used for the purpose of such
stamps;
S. 16(aa)
inserted by
No. 10118
s. 4(3)(f),
substituted by
No. 10256
s. 4(2).
(aa) prescribing the manner of denoting,
certifying, recording a receipt or otherwise
recording the payment of fees or money;
(b) insuring the proper cancellation of adhesive
stamps;
(c) keeping accounts of such stamps; and
(d) the issuing of stamps in exchange for spoiled
stamps.
_______________
AB-26/5/98
17
Stamps Act 1958
Act No. 6375/1958
s. 17
PART II—COLLECTION OF DUTIES BY STAMPS
Division 1—Grant of Stamp Duties
17. Granting, evasion and non-payment of duties
No. 5204 s. 17.
(1) Subject to the exemptions contained in the Third
Schedule and in any Acts for the time being in
force, there shall be charged for the use of Her
Majesty upon the several instruments specified in
the said Schedule the several duties and additional
duties therein specified.
(2) Except where express provision to the contrary is
made by this or any other Act, an instrument
relating to property belonging to the Crown shall
be charged with the same duty as an instrument of
the same kind relating to property belonging to a
subject.
AB-26/5/98
(3) All persons who neglect evade or attempt to evade
payment of any of the several duties specified in
this Act or of any other stamp duties which may
from time to time be chargeable by law shall
besides being subject to such penalties as this Act
or any other law may impose upon any such acts
of omission or commission be also liable to pay to
Her Majesty by way of further penalty in addition
to such duties a sum which shall be double the
amount of the duties so neglected to be paid or
evaded or attempted to be evaded and such duties
and penalties may be recovered in accordance with
the provisions of this Act.
S. 17(3)
amended by
No. 6739 s. 3,
substituted by
No. 9317
s. 4(1),
amended by
No. 9991 s. 4.
(4) Where an instrument which relates to property in
Victoria or to any matter or thing done or to be
done in any part of Victoria is executed and held
in some place outside Victoria the provisions of
this Act shall extend and apply to the instrument
S. 17(4)
inserted by
No. 9413 s. 2,
amended by
No. 9502
s. 2(a)(b).
18
Stamps Act 1958
Act No. 6375/1958
s. 17A
notwithstanding that the instrument is not in
Victoria in all respects as if the instrument were
executed in Victoria.
S. 17A
inserted by
No. 9317
s. 4(2).
17A. Recovery of duties
(1) Duty shall be deemed when it becomes due and
payable to be a debt due to Her Majesty and
payable to the Comptroller of Stamps.
(2) Any unpaid duty may be sued for and recovered—
S. 17A(2)(a)
amended by
No. 57/1989
s. 3(Sch. item
184.4).
(a) irrespective of the amount of duty, in the
Magistrates' Court; or
(b) in any other court of competent
jurisdiction—
by the Comptroller of Stamps or a Deputy or
Assistant Comptroller of Stamps suing in his
official name or by an officer of the public service
employed in the administration of this Act and
authorized to sue for and recover duty on behalf of
the Comptroller of Stamps, suing in the official
name of the Comptroller of Stamps.
(3) Proceedings under this section brought in the
name of the Comptroller of Stamps shall in the
absence of evidence to the contrary be deemed to
have been brought by his authority.
(4) An officer referred to in sub-section (2) may
appear in proceedings brought under this section
on behalf of the Comptroller of Stamps or a
Deputy or Assistant Comptroller of Stamps.
S. 17A(5)
substituted by
No. 9541 s. 2,
amended by
No. 57/1989
s. 3(Sch. item
184.5(a)(b)).
(5) In any proceedings in the Magistrates' Court for
the recovery of duty it shall be sufficient if in
addition to the particulars prescribed by rules of
court the particulars of demand specify—
AB-26/5/98
19
Stamps Act 1958
Act No. 6375/1958
s. 18
(a) either—
(i) the instrument;
(ii) the document (other than an
instrument); or
(iii) the notice of assessment—
which gives rise to the liability to pay duty;
(b) the amount of duty to be paid;
(c) the amount sought to be recovered;
(d) the date on which the amount was payable;
and
(e) any other particulars the Comptroller of
Stamps, or Deputy or Assistant Comptroller
of Stamps (as the case may be) thinks
necessary fully to inform the defendant of the
nature of the demand.
(6) For the purpose of this section "duty" includes
any duty penalty impost assessed or imposed and
interest payable under this Act.
18. All duties to be paid according to the provisions of this
Act
No. 5204 s. 18.
(1) All stamp duties which are from time to time
chargeable by law upon any instrument shall be
paid and denoted according to the provisions of
this Act.
(2) The Third Schedule and everything therein
contained shall be read and construed as part of
this Part.
19. Power to Governor in Council to order duties to be
paid in money instead of stamps
(1) The Governor in Council may by Order published
in the Government Gazette direct that all or any of
the duties under this Part shall be paid in money to
AB-26/5/98
20
S. 18(2)
amended by
No. 9549
s. 2(1).
No. 5204 s. 19.
Stamps Act 1958
Act No. 6375/1958
s. 20
the Comptroller of Stamps who shall certify or
denote on any instrument to which such Order
applies by an impressed stamp or impressed
stamps the amount of duty paid.
(2) From the time named in such Order for such
collection of duties in money instead of stamps all
such duties so directly to be collected in money
shall be paid in money.
No. 5204 s. 20.
20. Documents requiring payment of duty not to be
evidence without receipt of duty
(1) After the time named in the Order of the Governor
in Council authorized by the last preceding section
to be made, no instrument to which any such
Order applies and in respect of which any duty is
payable by any law in force at the commencement
of this Act or any time thereafter shall be used or
pleaded or received in evidence except in criminal
proceedings unless the duty payable is denoted on
such instrument or otherwise certified by the
Comptroller of Stamps in the manner provided by
the regulations.
(2) The provisions of section twenty-nine of this Act
shall with such adaptations as are necessary
extend and apply to the provisions of this section.
Division 2—General Provisions
No. 5204 s. 21.
21. How instruments to be written and stamped
(1) Every instrument written upon stamped material
shall be written in such manner, and every
instrument partly or wholly written before being
stamped shall be so stamped, that the stamp
appears on the face of the instrument and cannot
be used for or applied to any other instrument
written upon the same piece of material.
AB-26/5/98
21
Stamps Act 1958
Act No. 6375/1958
s. 22
(2) If more than one instrument is written upon the
same piece of material, every one of such
instruments shall be separately and distinctly
stamped with the duty with which it is chargeable.
22. Instruments to be separately charged with duty in
certain cases
Except where express provision to the contrary is
made by this or any other Act—
No. 5204 s. 22.
S. 22
amended by
No. 88/1986
s. 4.
(a) an instrument containing or relating to
several distinct matters shall be separately
and distinctly charged, as if it were a separate
instrument, with duty in respect of each of
such matters; and
(b) an instrument made for any consideration or
considerations in respect whereof it is
chargeable with ad valorem duty, and also
for any further or other valuable
consideration or considerations, shall be
charged with duty in respect of such lastmentioned consideration or considerations as
if it was a separate instrument made for such
consideration or considerations only; and
(c) an instrument relating or giving effect to two
or more transactions shall be separately and
distinctly charged with duty in respect of
each transaction as if it contained a duly
executed instrument in respect of each
transaction.
23. Use of appropriated stamps
(1) A stamp which by any word or words on the face
of it is appropriated to any particular description
of instrument shall not be used or, if used, shall
not be available for an instrument of any other
description.
AB-26/5/98
22
S. 22(c)
inserted by
No. 88/1986
s. 4.
No. 5204 s. 23.
Stamps Act 1958
Act No. 6375/1958
s. 24
(2) An instrument falling under the particular
description to which any stamp is so appropriated
as aforesaid shall not be deemed duly stamped
unless it is stamped with the stamp so
appropriated.
Nos 5204
s. 24, 6104
s. 2.
24. Facts affecting duty to be set forth in instruments
(1) All the facts and circumstances affecting the
liability of any instrument to ad valorem duty or
the amount of the ad valorem duty with which any
instrument is chargeable shall be fully and truly
set forth in the instrument.
S. 24(2)
amended by
Nos 9065 s. 5,
9662 s. 23(b).
(2) Every person who with intent to defraud Her
Majesty—
S. 24(2)(a)
repealed by
No. 10256
s. 5(a).
*
*
*
*
*
(b) being employed or concerned in or about the
preparation of any instrument neglects or
omits fully and truly to set forth therein all
the said facts and circumstances—
shall be liable to a penalty not exceeding 10
penalty units or imprisonment for a term of not
more than three months.
S. 24(2A)
inserted by
No. 10256
s. 5(b).
(2A) A person, shall not fail to make a full and true
disclosure as required by this Act of the material
facts necessary to enable the Comptroller of
Stamps to ascertain the amount of any duty
payable by the person.
Penalty:
10 penalty units.
(3) The Comptroller of Stamps may in any case where
he considers the circumstances so require, permit
any error in an instrument to be corrected.
AB-26/5/98
23
Stamps Act 1958
Act No. 6375/1958
24A. Continuing offences
If a person is convicted of an offence under this
Act, the person is guilty of a further offence if the
offence continues after the conviction and is liable
to an additional penalty for each day during which
the offence continues of not more than two penalty
units.
25. Money in foreign currency to be valued
s. 24A
S. 24A
inserted by
No. 10256
s. 5(c).
No. 5204 s. 25.
Where an instrument is chargeable with ad
valorem duty in respect of any money in any
currency other than that of the Commonwealth of
Australia, such duty shall be calculated on the
value of such money in Australian currency
according to the current rate of exchange on the
day of the date of the instrument.
26. Valuation of marketable securities and rights in
respect of shares
(1) Where an instrument is chargeable with ad
valorem duty in respect of any marketable security
or right in respect of shares, such duty shall be
calculated on the unencumbered value thereof on
the day of the date of the instrument.
(2) In computing for the purpose of this Act the value
of any marketable security or right in respect of
shares, no account shall be taken of any provision
in the memorandum or articles of association of
the company which or the operation of which
restricts or would restrict the sale or disposition or
reduces or would reduce the unencumbered value
of the marketable security or right, and the
marketable security or right shall be valued as if
no such provision existed.
(3) In computing for the purposes of this Act the
unencumbered value of any marketable security or
right in respect of shares the Comptroller of
AB-26/5/98
24
Nos 5204
s. 26, 6104
s. 3.
Stamps Act 1958
Act No. 6375/1958
s. 27
Stamps may accept the approximate average price
thereof as disclosed by the sales or quotations in
respect of similar securities or rights on any
recognized stock exchange in the Commonwealth
of Australia.
S. 26(4)
inserted by
No. 8176
s. 57(1).
(4) For the purposes of this Act the unencumbered
value of any marketable security or right in respect
of shares shall be determined upon the assumption
that on the day of the date of the instrument the
memorandum and articles of association or rules
of the company satisfied the requirements
prescribed by the committee or governing
authority of the Stock Exchange at the place where
the share register is situated, for the purpose of
enabling that company to be placed on the current
official list of that Stock Exchange.
S. 26(5)
inserted by
No. 8176
s. 57(1).
(5) The Comptroller may if he thinks fit
notwithstanding anything contained in the
previous sub-sections adopt as the unencumbered
value of any marketable security or right in respect
of shares (the marketable securities or rights of
that class not being quoted in the official list of
any Stock Exchange) such net benefit as in the
opinion of the Comptroller the holder thereof
would receive after payment of all income taxes in
respect thereof in the event of the company being
voluntarily wound up on the day of the date of the
instrument, notwithstanding that any such winding
up is not intended or in contemplation.
No. 5204 s. 27.
27. Effect of statement of value
Where an instrument contains a statement of
current rate of exchange or average price (as the
case requires) and is stamped in accordance with
such statement, such instrument shall, so far as
regards the subject-matter of such statement, be
deemed duly stamped until it is shown that such
AB-26/5/98
25
Stamps Act 1958
Act No. 6375/1958
s. 28
statement is untrue and that the instrument is in
fact insufficiently stamped.
28. Stamping of instruments after execution
(1) Save where other express provision is made in this
Act, any unstamped or insufficiently stamped
instrument may be stamped after the execution
thereof on payment of the unpaid duty and a
penalty of twice the amount of unpaid duty or $20
whichever is the greater and also by way of further
penalty, where the unpaid duty exceeds $20, of
interest on such duty at the rate of twenty per
centum per annum from the day upon which the
instrument was first executed up to the time when
the amount of interest is equal to the unpaid duty.
S. 28(1)
amended by
No. 9662
s. 23(c)(i)(ii).
(2) Save where other express provision is made in this
Act in the case of such instruments as are
chargeable with ad valorem duty—
S. 28(2)
amended by
No. 6791 s. 3.
(a) the instrument unless it is written upon duly
stamped material shall be duly stamped with
the proper ad valorem duty before the
expiration of three months after it is first
executed unless the opinion of the
Comptroller of Stamps with respect to the
amount of duty with which the instrument is
chargeable has before such expiration been
required under the provisions of this Act;
S. 28(2)(a)
amended by
No. 9662
s. 19(b).
(b) where the opinion of the Comptroller of
Stamps with respect to any such instrument
has been required, the instrument shall be
stamped in accordance with the assessment
of the Comptroller of Stamps within the time
specified in the notice of the assessment:
S. 28(2)(b)
amended by
Nos 8006
s. 2(a), 9413
s. 4(3).
Provided that where in the case of an instrument
of conveyance or transfer on sale of any real
AB-26/5/98
Nos 5204
s. 28, 6104
s. 4(1)(a)(2).
26
Stamps Act 1958
Act No. 6375/1958
s. 28A
property the instrument is first executed with the
intent that it should be held in escrow and a
memorandum to that effect is executed
simultaneously with the execution of the
instrument, such instrument unless it is written
upon duly stamped material shall be either duly
stamped with the proper ad valorem duty or
submitted for the opinion of the Comptroller of
Stamps before the expiration of one month after it
is released from escrow, proof of which release
shall be furnished to the Comptroller of Stamps by
statutory declaration.
S. 28(3)
repealed by
No. 119/1994
s. 20.
*
*
*
*
*
(4) The payment of any penalty payable on stamping
is to be denoted on the instrument by a particular
stamp.
S. 28A
inserted by
No. 119/1994
s. 21.
No. 5204 s. 29.
28A. Remission of penalty
The Comptroller of Stamps may, if he or she
thinks fit, at any time after the first execution of an
instrument, mitigate or remit any penalty payable
on stamping.
29. Unstamped instruments receivable in evidence in any
court on payment of duty and penalty
S. 29(1)
amended by
No. 9413
s. 3(1)(a)–(c).
(1) Upon the production of an instrument chargeable
with any duty as evidence in any court of civil
judicature in any part of Victoria or before any
person or body having by law or consent of parties
authority to hear receive and examine evidence,
any person may call the attention of the judge or
person or body (as the case may be) to any
omission or insufficiency of the stamp thereon.
S. 29(2)
amended by
No. 9413
s. 3(2).
(2) If the instrument is one (other than a bill of
exchange or promissory note) which may legally
be stamped after the execution thereof, it may on
AB-26/5/98
27
Stamps Act 1958
Act No. 6375/1958
s. 30
payment to the appropriate officer of the amount
of the unpaid duty and the penalty payable by law
on stamping the same as aforesaid and of a further
sum of $2 be received in evidence, saving all just
exceptions on other grounds.
(3) The officer receiving the said duty and penalty
shall—
(a) give a receipt for the same;
(b) make an entry in a book kept for that purpose
of the payment and of the amount thereof;
(c) communicate to the Comptroller of Stamps
the name or title of the cause or proceeding
in which and of the party from whom he
received the said duty and penalty and the
date and the description of the instrument;
and
S. 29(3)(c)
amended by
No. 65/1987
s. 5(a).
(d) pay to the Comptroller of Stamps the money
received by the officer for the duty and
penalty.
S. 29(3)(d)
substituted by
No. 65/1987
s. 5(b).
(4) Upon production to the Comptroller of Stamps of
any instrument in respect of which any duty or
penalty has been paid as aforesaid together with
the receipt of the said officer, the payment of such
duty and penalty shall be denoted on such
instrument accordingly.
30. Instrument not duly stamped inadmissible
Save and except as aforesaid, no instrument
executed in any part of Victoria or relating
wheresoever executed to any property situate or to
any matter or thing done or to be done in any part
of Victoria shall except in criminal proceedings be
pleaded or given in evidence or admitted to be
good useful or available in law or equity unless it
is duly stamped in accordance with the law in
force at the time when it was first executed.
AB-26/5/98
28
S. 29(4)
amended by
No. 65/1987
s. 5(c).
No. 5204 s. 30.
Stamps Act 1958
Act No. 6375/1958
s. 31
No. 5204 s. 31.
31. In certain cases payment of duty on some other
instrument to be denoted
Where the duty with which an instrument is
chargeable depends in any manner upon the duty
paid upon another instrument, the payment of such
last-mentioned duty shall, if application is made to
the Comptroller of Stamps for that purpose and on
production of both the instruments, be denoted in
such manner as the Comptroller of Stamps thinks
fit upon such first-mentioned instrument.
Nos 5204
s. 32, 6104
s. 5.
32. Expression of opinion as to duty by Comptroller of
Stamps1
(1) Subject to the regulations the Comptroller of
Stamps may be required by any person to express
his opinion with reference to any executed
instrument upon the following questions—
(a) whether it is chargeable with any duty;
(b) with what amount of duty it is chargeable.
S. 32(1A)
inserted by
No. 88/1986
s. 5(1).
(1A) A person requiring an opinion under sub-section
(1) more than two months after the execution of
the instrument must lodge with the Comptroller of
Stamps—
(a) the executed instrument; and
(b) an amount equal to the amount of duty with
which the person reasonably expects the
instrument to be chargeable; and
(c) an application in the prescribed form
containing a full disclosure of all facts
relating to the instrument and material to the
assessment of duty on it, being facts known
to the person or which reasonably ought to
have been known to the person.
(2) If the Comptroller of Stamps is of opinion that the
instrument is not chargeable with any duty, such
AB-26/5/98
29
Stamps Act 1958
Act No. 6375/1958
s. 32
instrument may be stamped with a particular
stamp denoting that it is not chargeable with any
duty.
(3) If the Comptroller of Stamps is of opinion that the
instrument is chargeable with duty, he shall assess
the duty with which it is in his opinion chargeable
and the instrument shall be chargeable with that
amount except insofar as it is established on
objection or appeal that the assessment is
excessive; and if the instrument is duly stamped in
accordance with the assessment of the
Comptroller of Stamps, it may be stamped also
with a particular stamp denoting that it is duly
stamped.
S. 32(3)
amended by
No. 9413
s. 4(1).
(3A) As soon as conveniently may be after an
assessment is made under this section the
comptroller shall cause notice in writing of the
assessment and of the amount to be paid to be
served either personally or by post on the person
liable to pay it or on the lodging party.
S. 32(3A)
inserted by
No. 9413
s. 4(2),
substituted by
No. 9662
s. 19(c).
(3B) The amount specified in the notice shall be
payable on or before the date specified in the
notice together with any other amount which may
be payable in accordance with any other provision
of this Act.
S. 32(3B)
inserted by
No. 9413
s. 4(2).
(3C) The omission to give any such notice shall not
invalidate the assessment and calculation made by
the Comptroller.
S. 32(3C)
inserted by
No. 9413
s. 4(2).
(3D) If an amount specified in a notice of assessment
under this section is not paid on or before the date
for payment specified in the notice, there is
payable by the person liable to pay that amount an
additional amount as a debt due to Her Majesty of
twice the first-mentioned amount together with
interest at the rate of 20 per centum per annum on
the first-mentioned amount and any other amounts
S. 32(3D)
inserted by
No. 10256
s. 6(1).
AB-26/5/98
30
Stamps Act 1958
Act No. 6375/1958
s. 32
payable by that person under this Act in respect of
that amount from the date for payment specified in
the notice until the first-mentioned amount is paid.
S. 32(3E)
inserted by
No. 10256
s. 6(1).
(3E) The Comptroller may, if the Comptroller thinks
fit, mitigate or remit any penalty payable under
this section.
(4) Every instrument stamped with the particular
stamp denoting either that it is not chargeable with
any duty or that it is duly stamped shall be
admissible in evidence and available for all
purposes notwithstanding any objection relating to
duty.
(5) An instrument upon which the duty has been
assessed by the Comptroller of Stamps shall not if
it is unstamped or insufficiently stamped be
stamped otherwise than in accordance with the
assessment of the Comptroller of Stamps.
(6) Nothing in this section shall be deemed to
authorize the stamping after the execution thereof
of any instrument prohibited by law from being so
stamped.
S. 32(7)
substituted by
No. 76/1992
s. 34(1).
(7) The Comptroller may, on his or her own motion or
at the request of any person whether before or
after the commencement of section 34 of the State
Taxation (Amendment) Act 1992, amend any
assessment of duty or any opinion that an
instrument is chargeable with duty and on
application under sub-section (7A) may make a
refund in accordance with that sub-section.
S. 32(7A)(7B)
inserted by
No. 76/1992
s. 34(1),
repealed by
No. 104/1993
s. 41(1)(a).
*
AB-26/5/98
*
*
31
*
*
Stamps Act 1958
Act No. 6375/1958
(8) The Comptroller of Stamps may, by notice in
writing given to a person who made an application
under sub-section (1A) (whether or not the
instrument has been stamped), re-assess the duty
with which an instrument is chargeable if it
appears to the Comptroller that the application did
not make a full disclosure of all material facts and
that the instrument is not duly stamped.
(9) If a notice is served under sub-section (8), this
section applies as if the notice had been served
under sub-section (3A).
32AA. Refunds
(1) Proceedings for the refund or recovery of a
payment made under, or purportedly made under,
this Act, whether before or after the
commencement of section 38 of the State
Taxation (Further Amendment) Act 1993, must
not be brought, whether against the Comptroller or
otherwise, except as provided in this section.
(2) If a person claims to be entitled to receive a refund
of or to recover a payment made under, or
purportedly made under this Act, the person must
lodge with the Comptroller within 3 years after the
payment was made an application in the
prescribed form for the refund of the payment.
(3) If—
(a) a person has lodged an application for the
refund of an amount in accordance with subsection (2); and
(b) the Comptroller has not, within the period of
3 months after the application was lodged—
(i) refunded the amount; or
(ii) applied the amount in accordance with
sub-section (6)(d); or
AB-26/5/98
32
s. 32AA
S. 32(8)
inserted by
No. 88/1986
s. 5(2).
S. 32(9)
inserted by
No. 88/1986
s. 5(2).
S. 32AA
inserted by
No. 104/1993
s. 38.
Stamps Act 1958
Act No. 6375/1958
s. 32AA
(iii) refunded part of the amount and applied
the remainder in accordance with subsection (6)(d)—
or has, in writing given to the person within
that period, refused to make a refund, the
person may, within 3 months after the end of
that period or after that refusal, whichever
first occurs, bring proceedings for the
recovery of the amount, or, if the
Comptroller has refunded or applied part, the
remainder of the amount.
(4) Sub-section (3) applies whether or not the period
for bringing proceedings for the refund or
recovery of the amount prescribed by section
20A(1) of the Limitation of Actions Act 1958
has expired.
S. 32AA(5)
amended by
No. 42/1996
s. 29(a).
(5) Sub-sections (1) and (2) do not apply to a person
if the person claims to be entitled to receive a
refund or to recover a payment made under, or
purportedly made under this Act by reason of the
invalidity of a provision of this Act.
(6) If—
(a) an application for a refund is lodged with the
Comptroller in accordance with sub-section
(2); and
(b) the Comptroller finds that an amount has
been overpaid by the applicant—
the Comptroller—
(c) must refund the overpaid amount; or
(d) must—
(i) apply the overpaid amount against any
liability of the applicant to the State,
being a liability arising under, or by
reason of, an Act of which the
AB-26/5/98
33
Stamps Act 1958
Act No. 6375/1958
s. 32A
Comptroller has the general
administration; and
(ii) refund any part of the overpayment that
is not so applied.
(7) If, under this section, the Comptroller determines
to refund an amount, the amount is payable from
the Consolidated Fund which is to the necessary
extent appropriated accordingly.
(8) In this section, "proceedings" includes—
(a) seeking the grant of any relief or remedy in
the nature of certiorari, prohibition,
mandamus or quo warranto, or the grant of a
declaration of right or an injunction; or
(b) seeking any order under the Administrative
Law Act 1978.
32A. Refunds to be paid to person entitled
(1) The Comptroller must not make a refund of duty
unless satisfied that the person to whom the refund
is payable (in this section called "the applicant")—
(a) has not charged to, or recovered from, and
will not charge to, or recover from, any other
person any amount in respect of the whole or
any part of that duty; or
(b) if the applicant has so charged or recovered
any such amount, will reimburse, or will take
all reasonable steps to reimburse, each other
person for the amount charged or recovered.
(2) If a refund is made to an applicant to whom subsection (1)(b) applies—
(a) the applicant must—
(i) not later than 90 days after receiving the
refund, reimburse each other person for
AB-26/5/98
34
S. 32A
inserted by
No. 76/1992
s. 35.
Stamps Act 1958
Act No. 6375/1958
s. 32B
the amount charged to or recovered
from that person; and
(ii) notify the Comptroller in writing not
later than 7 days after that period of
90 days that all amounts charged or
recovered have been reimbursed; or
(b) if any such amount is not reimbursed within
that period of 90 days, the applicant must not
later than 7 days after that period of
90 days—
(i) notify the Comptroller in writing of the
amounts not reimbursed; and
(ii) pay those amounts to the Comptroller,
together with interest at the specified
rate from the date the refund was made
to the date of payment.
Penalty:
50 penalty units.
(3) An amount payable under sub-section (2)(b)(ii) is
a debt due from the applicant to the Crown.
(4) In this section, "specified rate" means the
percentage, not exceeding 20 per centum per
annum, that the Comptroller specifies when the
refund is made.
S. 32A(5)
inserted by
No. 104/1993
s. 39.
S. 32B
inserted by
No. 104/1993
s. 40.
(5) In this section, "charge" includes pass on.
32B. Application of section 32A to proceedings
Section 32A applies in respect of proceedings
(within the meaning of section 32AA) for the
refund or recovery of duty paid under, or
purportedly paid under, this Act as if—
(a) a reference in section 32A to the Comptroller
(except in sub-section (2)(b)(ii)) were a
reference to the court; and
AB-26/5/98
35
Stamps Act 1958
Act No. 6375/1958
s. 33
(b) a reference in section 32A to the making of a
refund were a reference to the making of an
order or decision that a refund be made.
No. 5204 s. 33.
33. Default assessments
S. 33
amended by
No. 8006
s. 2(b),
substituted by
No. 8274 s. 19.
(1) Where—
(a) any person fails or neglects duly to furnish to
or lodge with the Comptroller of Stamps any
statement return or other document as and
when he is required to do so by or under this
Act;
S. 33(1)
amended by
Nos 10256
s. 6(2)(a)(c),
88/1986 s. 6.
(b) the Comptroller is not satisfied with any
statement return or other document
furnished to or lodged with the Comptroller;
(c) the Comptroller has reason to believe or
suspect that any person is liable to pay any
duty under this Act; or
S. 33(1)(c)
amended by
Nos 9413 s. 5,
10256
s. 6(2)(b).
(d) the Comptroller has reason to believe or
suspect that a person is required to be
registered and, if so registered, would be
liable to pay any duty under this Act—
S. 33(1)(d)
inserted by
No. 10256
s. 6(2)(c).
the Comptroller may cause an assessment to be
made of the amount which, in his judgement,
ought to be levied and that person shall be liable
to pay that amount, less any part of the amount
that has already been paid, except in so far as he
establishes on objection or appeal that the
assessment is excessive.
(2) As soon as conveniently may be after an
assessment is made under this section, the
AB-26/5/98
36
Stamps Act 1958
Act No. 6375/1958
s. 33A
Comptroller shall cause notice in writing of the
assessment and of the amount to be paid to be
served on the person liable to pay it.
(3) The amount specified in the notice shall be
payable on or before the date specified in the
notice (being not less than 30 days after the date of
service of the notice) together with any other
amount which may be payable in accordance with
any other provision of this Act.
(4) The omission to give any such notice shall not
invalidate the assessment and calculation made by
the Comptroller.
S. 33(5)
inserted by
No. 9991 s. 5.
(5) Where an amount specified in a notice of
assessment under this section is not paid on or
before the date for payment specified in the notice,
there is payable by the person liable to pay that
amount an additional amount as a debt due to Her
Majesty of twice the first-mentioned amount
together with interest at the rate of 20 per centum
per annum on the first-mentioned amount and any
other amounts payable by that person under this
Act in respect of that amount from the date for
payment specified in the notice until the firstmentioned amount is paid.
S. 33(6)
inserted by
No. 9991 s. 5.
(6) The Comptroller may if he thinks fit mitigate or
remit any penalty payable under this section.
S. 33A
inserted by
No. 8274 s. 19.
33A. Objections
S. 33A(1)
amended by
No. 10118
s. 11(1).
(1) A person who is dissatisfied with any assessment
made by the Comptroller of Stamps under this Act
may, within 60 days after service of notice of the
assessment, send by post to or lodge with the
Comptroller an objection in writing against the
assessment stating fully and in detail the grounds
on which he relies.
AB-26/5/98
37
Stamps Act 1958
Act No. 6375/1958
s. 33B
(2) Where the assessment is an amended assessment,
the person objecting shall have no further right of
objection than he would have had if the
amendment had not been made, except to the
extent to which by reason of the amendment a
fresh liability in respect of any particular is
imposed on him or an existing liability in respect
of any particular is increased.
(3) The Comptroller shall consider the objection, and
may either disallow it or allow it either wholly or
in part, and shall serve the person objecting by
post or otherwise with written notice of his
decision.
(4) The Comptroller shall not make a decision upon
any objection concerning the value of any land
without consulting the Valuer-General.
33B. Appeals
(1) If the objector is dissatisfied with the decision of
the Comptroller on the objection he may within 60
days after notice of the Comptroller's decision has
been given to him—
S. 33B
inserted by
No. 8274 s. 19.
(a) in writing request the Comptroller—
(i) to refer any part of the decision which
relates to the value of any land to the
Land Valuation division of the
Administrative Appeals Tribunal; or
S. 33B(1)(a)(i)
amended by
No. 91/1994
s. 30(a).
(ii) to refer so much of the decision as does
not relate to the value of any land to the
Administrative Appeals Tribunal; or
S. 33B(1)(a)(ii)
amended by
No. 10155
s. 78(1)(a).
(b) in writing request the Comptroller to treat his
objection as an appeal and to cause it to be
set down for hearing at the next sittings of
the Supreme Court.
AB-26/5/98
38
Stamps Act 1958
Act No. 6375/1958
s. 33C
(2) If within 30 days the Comptroller does not refer
the decision or cause the objection to be set down
for hearing (as the case may be), the person
making the request may at any time thereafter give
him notice in writing to do so, and the
Comptroller shall within 30 days after receiving
the notice refer the decision or cause the objection
to be set down for hearing accordingly.
S. 33B(3)
amended by
No. 10155
s. 78(1)(b).
(3) Notwithstanding the provisions of sub-section (2),
the Comptroller may within 30 days after
receiving a request to refer a decision for review
or treat an objection as an appeal require the
objector by notice in writing to give further and
better particulars of his objection and if, within 30
days after the giving of the notice—
(a) particulars are given, the Comptroller shall
not be bound to refer the decision or cause
the objection to be set down for hearing until
30 days after the Comptroller has received
full details of the objection; or
(b) particulars are not given, the Comptroller
shall not refer the decision or cause the
objection to be set down for hearing.
S. 33C
inserted by
No. 8274 s. 19.
33C. Proceedings on references and appeals
(1) Upon any review or appeal under this Act—
S. 33C(1)(a)
amended by
Nos 10155
s. 78(1)(c),
91/1994
s. 30(b)(i)(ii).
(a) unless the Court or the Administrative
Appeals Tribunal otherwise orders, the
objector shall be limited to the grounds
stated in his objection and the Comptroller
shall be limited to the grounds upon which
he has disallowed the objection; and
(b) the burden of proving that the assessment is
excessive shall lie upon the objector.
AB-26/5/98
39
Stamps Act 1958
Act No. 6375/1958
s. 33D
(2) If the assessment has been reduced by the
Comptroller after considering the objection, the
reduced assessment shall be the assessment to be
dealt with on the review or appeal.
33D. References to Land Valuation Board of Review
(1) Where a decision is referred for review by the
Land Valuation division of the Administrative
Appeals Tribunal, the Tribunal must give a
decision and may either confirm the amount at
which the value of the land was assessed or reduce
or increase that value.
S. 33D(1)
amended by
No. 91/1994
s. 30(c).
(2) In making any review under this Act, the Land
Valuation division of the Administrative Appeals
Tribunal shall have the same powers as it has in
hearing and determining appeals under Part III of
the Valuation of Land Act 1960, and the
provisions of that Part shall, with such
modifications as are necessary, extend and apply
to and with respect to any review by the Tribunal
under this Act.
S. 33D(2)
amended by
No. 91/1994
s. 30(d)(i)(ii).
(3) The objector may, within 60 days after the
decision of the Land Valuation division of the
Administrative Appeals Tribunal request the
Comptroller in writing to refer his objection, so
far as it relates to grounds not dealt with by the
Land Valuation division of the Administrative
Appeals Tribunal, to the Administrative Appeals
Tribunal or the Supreme Court.
S. 33D(3)
amended by
Nos 10155
s. 78(1)(c),
91/1994
s. 30(e).
33E. References to Administrative Appeals Tribunal
(1) Subject to sub-section (2), where a decision is
referred to the Administrative Appeals Tribunal,
the Tribunal shall review the decision and may
confirm reduce increase or vary the assessment.
AB-26/5/98
S. 33D
inserted by
No. 8274 s. 19.
40
S. 33E
inserted by
No. 8274 s. 19.
S. 33E(1)
amended by
No. 10155
s. 78(1)(d)(i).
Stamps Act 1958
Act No. 6375/1958
s. 33E
(2) In default of the appearance of the objector before
the Tribunal for the purpose of review, the
Tribunal shall confirm the assessment:
S. 33E(2)
amended by
No. 10155
s. 78(1)(d)(ii).
Provided that upon good cause shown the
Tribunal may within the prescribed time re-open
the matter and review the assessment.
S. 33E(3)
amended by
No. 10155
s. 78(1)(d)(ii).
(3) For the purpose of reviewing the assessment, the
Tribunal shall have all the powers and functions of
the Comptroller in making assessments
determinations and decisions under this Act and
such assessments determinations and decisions of
the Tribunal and its decisions upon review shall
for all purposes (except for the purpose of
objections thereto and a review thereof and
appeals therefrom) be deemed to be assessments
determinations or decisions of the Comptroller.
S. 33E(4)
amended by
Nos 10155
s. 78(1)(d)(ii),
91/1994
s. 30(f).
(4) The Tribunal shall not reduce or increase the
amount at which the value of any land is assessed,
but shall accept as final the amount at which the
property was assessed by the Comptroller or,
where the value has been reduced or increased by
the Land Valuation division of the Administrative
Appeals Tribunal, by that division.
S. 33E(5)
amended by
Nos 10155
s. 78(1)(d)(iii),
91/1994
s. 30(g).
(5) The objector may, within 60 days after the
decision of the Tribunal, request the Comptroller
in writing to refer his objection, so far as it relates
to the amount at which the value of any land has
been assessed, to the Land Valuation division of
the Administrative Appeals Tribunal.
S. 33E(6)
amended by
Nos 10155
s. 78(1)(d)(iii),
91/1994
s. 30(g)(h).
(6) Where the Tribunal has reviewed an assessment
and given any decision thereon the amount at
which the value of any land has been assessed is
subsequently reduced or increased by the Land
Valuation division of the Administrative Appeals
Tribunal, the Comptroller shall vary the
assessment to give effect to the decision of the
AB-26/5/98
41
Stamps Act 1958
Act No. 6375/1958
s. 33F
Land Valuation division of the Administrative
Appeals Tribunal.
(7) The Comptroller or the objector may, within
30 days after the decision of the Tribunal, appeal
to the Supreme Court from any decision of the
Tribunal under this section which, in the opinion
of the Court, involves a question of law, and the
Tribunal shall, upon the request of the
Comptroller or the objector, refer to the Supreme
Court any question of law arising before the
Tribunal.
33F. Appeals to Court
(1) On the hearing of an appeal by the Court, the
Court may make such order as it thinks fit and
may by such order confirm reduce increase or vary
the assessment.
S. 33E(7)
amended by
No. 10155
s. 78(1)(d)
(iii)(iv).
S. 33F
inserted by
No. 8274 s. 19.
(2) The costs of the appeal shall be in the discretion of
the Court.
33G. Effect of reference or appeal on payment of amounts
(1) The fact that a review or appeal is pending with
respect to any assessment shall not in the
meantime interfere with or affect the assessment
the subject of the review or appeal, and the
amount the subject of the assessment may be
recovered as if no review or appeal were pending.
(2) If the assessment is reduced upon review or
appeal, any excess paid in conformity with the
existing assessment together with any additional
amount paid in consequence thereof shall be
repaid to the objector, and if the assessment is
increased any additional duty and any other
amount payable in consequence of the increase
shall be paid to the Comptroller.
AB-26/5/98
42
S. 33G
inserted by
No. 8274 s. 19.
Stamps Act 1958
Act No. 6375/1958
s. 33GAA
S. 33GAA
inserted by
No. 88/1986
s. 7.
S. 33GA
inserted by
No. 10155
s. 78(1)(e).
No. 5204 s. 34.
33GAA. Assessment of duty on two or more documents
If the Comptroller of Stamps has assessed the duty
payable on two or more instruments and
determined that, because of the duty chargeable on
one or more of those instruments, any other of
those instruments is not chargeable with duty or is
chargeable with less duty than it would have been
if that other instrument or those other instruments
had not been so assessed and it is subsequently
determined, on objection or appeal, that one or
more of the instruments was or were incorrectly
assessed, the Comptroller may amend the
assessment of duty on any other of those
instruments.
33GA. Provision of this Act to prevail
Where a provision of the Administrative Appeals
Tribunal Act 1984 is inconsistent with a
provision of this Act, the provision of this Act
prevails.
34. Evidence by affidavit etc.
S. 34
substituted by
No. 9991 s. 6.
(1) Where a person executes, or is involved or
concerned in or about the preparation of, an
instrument that is presented for stamping to,
lodged for opinion with or impounded by, the
Comptroller of Stamps, the Comptroller may
require that person to furnish to the Comptroller
an abstract of the instrument and of any related
document and such evidence, whether by affidavit,
statutory declaration or otherwise, as the
Comptroller deems necessary in order to show to
his satisfaction whether all the facts and
circumstances affecting the liability of the
instrument to duty or the amount of the duty
chargeable on the instrument are fully and truly set
forth in the instrument and may refuse to stamp
the instrument, express an opinion or return the
AB-26/5/98
43
Stamps Act 1958
Act No. 6375/1958
s. 35
instrument until the abstract and evidence have
been furnished.
(2) A person shall not fail or refuse to comply with a
requirement of the Comptroller of Stamps under
sub-section (1).
Penalty:
10 penalty units.
No. 5204 s. 35.
35. Public officers to permit rolls books etc. to be
inspected
(1) All public officers having in their custody any
rolls books records papers documents or
proceedings the inspection whereof may show
whether or not the provisions of this Act are being
or have been complied with shall at all reasonable
times permit any person thereunto authorized by
the Comptroller of Stamps to inspect all such rolls
books records papers documents and proceedings
and to take such notes and extracts and to make
such copies as he deems necessary without fee or
reward.
S. 35(1)
amended by
No. 9662
s. 19(d)(e).
(2) Every person who refuses to permit such
inspection shall for every such refusal be liable to
a penalty not exceeding 10 penalty units.
S. 35(2)
amended by
No. 9662
s. 23(d).
*
*
*
*
*
36. Inspection of documents etc.
(1) The Comptroller of Stamps, or any officer
authorized by the Comptroller of Stamps in
writing for the purpose (whether generally or in
any particular case) on showing such authority,
may require any person at any reasonable time to
produce for inspection any books records papers
AB-26/5/98
44
S. 35(3)
inserted by
No. 9662
s. 19(f),
repealed by
No. 9991
s. 27(2)(a).
No. 5204 s. 36.
S. 36(1)
amended by
No. 9662
s. 19(g).
Stamps Act 1958
Act No. 6375/1958
s. 36
or documents in his custody possession or control
the inspection whereof may show whether or not
the provisions of this Act are being or have been
complied with and may inspect the same and take
any extracts therefrom and make any copies
thereof.
S. 36(2)
amended by
No. 9662
s. 23(e).
(2) Any person who—
(a) in contravention of this section fails neglects
or refuses to produce for inspection any such
books records papers or documents when
duly required under this section to do so; or
(b) delays or obstructs the said Comptroller or
any such officer in carrying out his duties
under this section—
shall be liable to a penalty of not more than
10 penalty units.
(3) Where any instrument which ought to be but is not
stamped or is insufficiently stamped is produced
for inspection under this section, the said
Comptroller or such officer may impound the
same and such officer shall in due course hand the
same to the said Comptroller, and the said
Comptroller shall retain any instrument
impounded as aforesaid until the stamp duty or
any penalty payable under this Act in respect
thereof or both such duty and penalty has or have
been paid.
(4) The Comptroller of Stamps may impound any
instrument which under this Act—
(a) ought to be but is not stamped; or
(b) is insufficiently stamped—
and may retain the same until the stamp duty or
any penalty payable under this Act in respect
AB-26/5/98
45
Stamps Act 1958
Act No. 6375/1958
s. 37
thereof or both such duty and penalty has or have
been paid.
(5) When any instrument has been impounded
pursuant to the powers conferred by this section
the Comptroller of Stamps may notwithstanding
anything in this Act assess the duty with which
such instrument is in his opinion chargeable, and
the provisions of this Act shall apply in respect of
any such assessment in all respects as if it were an
assessment made under section thirty-two of this
Act pursuant to a requirement for an expression of
opinion under that section.
*
*
*
*
*
37. Unstamped instruments not to be received by public
officers
(1) Where a person is under a duty to receive enrol
enter or record any original instrument or a copy
of any original instrument he shall not if the
original instrument is chargeable with duty under
this Act or would be chargeable with duty under
this Act if it were in Victoria receive register enrol
enter or record any such original instrument or
copy unless he is satisfied that the original
instrument has been duly stamped or is deemed to
have been duly stamped.
(2) Any such person may refer any question as to the
dutiability of an original instrument or copy to the
Comptroller of Stamps.
(3) Where an original instrument has not been duly
stamped and the Comptroller of Stamps is
satisfied that it is not reasonably practicable to
AB-26/5/98
46
S. 36(6)
inserted by
No. 9662
s. 19(h),
repealed by
No. 9991
s. 27(2)(b).
No. 5204 s. 37.
S. 37
substituted by
Nos 7204
s. 6(d), 8006
s. 3.
Stamps Act 1958
Act No. 6375/1958
s. 38
produce the original instrument for stamping he
may on payment of the duty that would be
chargeable on the original instrument denote the
payment of the duty on a copy of that instrument
and thereupon the original instrument shall for all
purposes be deemed to have been duly stamped.
No. 5204 s. 38.
38. How duties to be denoted
Except where express provision is made to the
contrary—
(a) all duties may be denoted by adhesive stamps
or impressed stamps or partly by adhesive
and partly by impressed stamps;
S. 38(b)
amended by
No. 88/1986
s. 8.
(b) when the whole or any part of the duty is
denoted by an adhesive stamp, such adhesive
stamp shall be cancelled by the person by
whom the instrument is first executed or by a
person who witnesses that execution;
S. 38(c)
amended by
No. 9662
s. 23(f).
(c) in default of such cancellation, the person so
executing the instrument shall be liable to a
penalty not exceeding 1 penalty unit.
No. 5204 s. 39.
39. General direction as to the cancellation of adhesive
stamps
(1) An instrument the duty upon which is permitted or
required by law to be denoted either wholly or
partly by an adhesive stamp shall not be deemed
duly so stamped with an adhesive stamp—
(a) unless the person required by law to cancel
such adhesive stamp cancels the same by
writing on or across the stamp his name or
initials or the name or initials of his firm
together with the true date of his so writing
so that the stamp may be effectually
cancelled and rendered incapable of being
used for any other instrument; or
AB-26/5/98
47
Stamps Act 1958
Act No. 6375/1958
s. 40
(b) unless it is otherwise proved that the stamp
appearing on the instrument was affixed
thereto at the proper time.
(2) Every officer or person who being required by law
to cancel an adhesive stamp wilfully neglects or
refuses duly and effectually to do so in manner
aforesaid shall be liable to a penalty not exceeding
1 penalty unit.
40. Failure to appropriate moneys received as duty
(1) Every person who having received any sum of
money as or for the duty upon or in respect of any
instrument neglects or omits to appropriate such
money to the due payment of such duty or
otherwise improperly withholds or detains the
same shall be accountable for the amount of such
duty, and the same shall be a debt due from him to
Her Majesty and recoverable as such accordingly.
(2) The Supreme Court may upon application, made
for that purpose on behalf of the Comptroller of
Stamps upon such affidavit as appears sufficient,
grant an order requiring any such person as
aforesaid or the officer of any court or the
executor or administrator of such person or officer
to show cause—
(a) why he should not deliver to the Comptroller
of Stamps an account upon oath of all duties
and sums of money received by such person
or officer; and
(b) why the same should not be forthwith paid to
the Comptroller of Stamps or to such other
person as the Comptroller of Stamps
appoints to receive the same.
(3) The Court may make absolute any such order and
enforce by attachment or otherwise the payment of
any such duties or sums of money as on such
AB-26/5/98
48
S. 39(2)
amended by
No. 9662
s. 23(g).
No. 5204 s. 40.
Stamps Act 1958
Act No. 6375/1958
s. 40A
proceedings appear to be due together with the
costs of the proceedings.
S. 40A
inserted by
No. 8006 s. 4.
40A. Power to authorize payment of duty on a return
system
S. 40A(1)
amended by
Nos 9662
s. 19(i),
27/1995
s. 4(a)(b).
(1) The Comptroller of Stamps upon application in
the prescribed form by a person or a class of
persons may by notice published in the
Government Gazette declare that person or that
class (whether or not that person or class is liable
to pay the duty which is to be collected) to be an
"authorized person" or "authorized persons" in
relation to any class of instruments chargeable or
that, but for an exemption, would be chargeable,
with duty under this Act and may in like manner at
any time revoke such declaration.
S. 40A(2)
amended by
No. 27/1995
s. 4(c).
(2) The Comptroller of Stamps may require as a
condition of a declaration under sub-section (1)
that each authorised person shall deposit with the
Comptroller of Stamps a sum of money as a surety
for the due performance by the authorized person
of his obligation under paragraph (b) of subsection (3) and the amount of the deposit may
from time to time be increased or decreased by the
Comptroller of Stamps as he in his discretion
thinks fit.
(3) An authorized person—
(a) may in the prescribed manner endorse any
instrument within the class of instruments in
relation to which he has been declared an
authorized person and thereupon the
instrument shall be deemed to be stamped
under this Act to the amount of stamp duty
shown on the endorsement;
AB-26/5/98
49
Stamps Act 1958
Act No. 6375/1958
s. 40A
(b) shall at such intervals and in respect of such
periods as the Comptroller of Stamps from
time to time directs in writing lodge with the
Comptroller of Stamps a statement in the
prescribed form verified in the prescribed
manner of the total of all amounts endorsed
by him under this sub-section and pay to the
Comptroller of Stamps a sum equal to the
total of such amounts;
(c) shall make sufficient records to enable him
to calculate accurately the total of all
amounts endorsed by him under this subsection and keep such records available for
inspection for a period of at least three years
from the making thereof or such other period
as the Comptroller of Stamps determines in
any particular case.
(4) An authorized person—
(a) who knowingly endorses an instrument under
paragraph (a) of sub-section (3) with an
amount of duty less than the amount with
which it is chargeable under this Act or who
fails to comply in any other way with the
requirements of paragraph (a) or of
paragraph (c) of sub-section (3) or of the
regulations shall be guilty of an offence.
Penalty:
5 penalty units;
(b) who fails to comply with the requirements of
paragraph (b) of sub-section (3) shall be
guilty of an offence.
Penalty:
AB-26/5/98
S. 40A(4)(a)
amended by
No. 9662
s. 23(h).
5 penalty units and a further
penalty of an amount equal to
double the amount that would
have been payable if the paragraph
had been complied with.
50
S. 40A(4)(b)
amended by
No. 9662
s. 23(h).
Stamps Act 1958
Act No. 6375/1958
s. 41
(5) A person other than an authorized person who
endorses an instrument in any manner whatsoever
which indicates that he is an authorized person or
an authorized person who so endorses an
instrument within a class of instruments in relation
to which he has not been declared under this
section shall be guilty of an offence.
S. 40A(5)
amended by
No. 9662
s. 23(i).
Penalty:
S. 40A(6)
amended by
No. 57/1989
s. 3(Sch. item
184.6(a)(b)).
10 penalty units or six months
imprisonment or both.
(6) A charge for any offence under this section may
be filed at any time within three years after the
date on which the offence was committed.
(7) Where an instrument appears to have been
endorsed under this section any person may
receive register enrol enter record accept endorse
transfer negotiate or otherwise deal with (as the
case may be) the instrument as if it was duly
stamped under this Act.
(8) The Governor in Council may make regulations
for and with respect to—
(a) the manner in which all instruments or a
particular class or particular classes of
instruments are to be endorsed under
paragraph (a) of sub-section (3);
(b) the forms and any other matters and things
authorized or required to be prescribed or
necessary or convenient to be prescribed for
carrying out or giving effect to this section.
S. 41
inserted by
No. 31/1997
s. 13.
41. Offset of overpaid duty by return
(1) If an authorized person pays an amount to the
Comptroller under section 40A(3)(b) in respect of
a period that is greater than the total amount of
duty with which each instrument endorsed by the
AB-26/5/98
51
Stamps Act 1958
Act No. 6375/1958
person under section 40A(3)(a) during that period
is chargeable under this Act as a result of—
(a) miscalculating the amount of duty with
which an instrument endorsed under section
40A(3)(a) is chargeable; or
(b) making a mistake in adding up the total of all
amounts endorsed under section 40A(3)(a)
during the period—
the authorized person may reduce the amount
otherwise payable under section 40A(3)(b) in
respect of the next or a subsequent period by the
difference between those amounts.
(2) An authorized person who reduces an amount
under sub-section (1) must lodge a statement with
the Commissioner at the time of making the
reduction giving details of the overpayment to
which the reduction relates.
(3) If the overpayment referred to in sub-section (1)
was caused by miscalculating the amount of duty
with which an instrument endorsed under section
40A(3)(a) is chargeable, the authorized person—
(a) must re-endorse the instrument in the
prescribed manner with the correct amount
of duty; and
(b) if the authorized person has charged to, or
recovered from, another person an amount in
respect of the overpayment, must reimburse
that person for the amount charged or
recovered.
AB-26/5/98
52
s. 41
Stamps Act 1958
Act No. 6375/1958
s. 42
Pt 2 Div. 2A
(Heading and
ss 42-47)
inserted by
No. 86/1997
s. 16.
S. 42
inserted by
No. 86/1997
s. 16.
Division 2A—Approval of special return arrangements
42. Definition
In this Division—
"return" means a return, statement, certificate,
application, report or other record that—
(a) is required or authorised under this Act
to be lodged, furnished or given by a
person with or to the Comptroller; and
(b) is liable to duty or records matters in
respect of which there is or may be a
liability to duty.
S. 43
inserted by
No. 86/1997
s. 16.
43. Approval of special return arrangements
(1) The Comptroller, by written notice, may give
approval for a special arrangement for the lodging
of returns and payment of duty under this Act to—
(a) a specified person or persons of a specified
class; or
(b) a specified agent on behalf of a specified
person or persons of a specified class.
(2) An approval, among other things—
(a) may provide an exemption (or a partial
exemption) for the person or persons from
specified provisions of this Act to which it
applies;
(b) may authorise the lodging of returns and
payments of duty by electronic means.
AB-26/5/98
53
Stamps Act 1958
Act No. 6375/1958
s. 44
(3) An approval may be given on the initiative of the
Comptroller or on application.
(4) The Comptroller may vary or cancel an approval
by written notice.
44. Application for approval
(1) An application for an approval under section 43
must be made to the Comptroller in a form
approved by the Comptroller.
S. 44
inserted by
No. 86/1997
s. 16.
(2) The Comptroller may grant or refuse an
application for an approval under section 43.
45. Conditions of approval
(1) An approval under section 43 is subject to any
conditions specified by the Comptroller in the
notice of approval or by subsequent written notice.
(2) The conditions of an approval may include—
(a) conditions limiting the approval to matters of
a specified class;
(b) conditions limiting the approval to
transactions effected by instruments of a
specified class;
(c) conditions requiring the lodging of returns at
specified times and conditions as to the
contents of the returns;
(d) conditions requiring payments of duty at
specified times;
(e) conditions as to the means by which returns
are to be lodged or payments of duty are to
be made;
AB-26/5/98
54
S. 45
inserted by
No. 86/1997
s. 16.
Stamps Act 1958
Act No. 6375/1958
s. 46
(f) if the approval provides an exemption from a
requirement for the stamping of instruments,
conditions as to the endorsement of the
instruments;
(g) conditions requiring the person or agent to
whom the approval was given to keep
specified records.
S. 46
inserted by
No. 86/1997
s. 16.
46. Gazettal or service of notices
A written notice under section 43(1) or 45(1) may
be given by—
(a) publishing it in the Government Gazette; or
(b) serving it on the person or agent to whom it
relates.
S. 47
inserted by
No. 86/1997
s. 16.
47. Effect of approval
(1) If an approval is given under section 43 to a
specified person or persons of a specified class,
the conditions of the approval are binding on that
person or the persons of that class and that person
or a person of that class is guilty of an offence if
any of the conditions is contravened.
Penalty:
100 penalty units in the case of a body
corporate;
20 penalty units in any other case.
(2) If—
(a) an approval is given under this Division to a
specified agent on behalf of a specified
person or persons of a specified class; and
(b) the agent acts on behalf of that person or a
person of that class in relation to a matter to
which the approval applies—
AB-26/5/98
55
Stamps Act 1958
Act No. 6375/1958
s. 55A
the conditions of the approval are binding on the
agent and the person and the agent and the person
are each guilty of an offence if any of the
conditions is contravened in relation to that
matter.
Penalty:
100 penalty units in the case of a body
corporate;
20 penalty units in any other case.
(3) However, if the provisions of this Act from which
a person is exempted by an approval under section
43 are complied with in relation to a matter, subsections (1) and (2) do not apply to the person or
an agent of the person in relation to that matter.
Division 3—Special Provision
*
*
*
*
*
Pt 2 Div. 3
Subdivs (1)–
(3) repealed.2
(4) Transfer of Marketable Securities; Direction as to
Certain Shares
55A. Application of subdivision
(1) The provisions of this subdivision do not apply to
an SCH-regulated transfer to which subdivision
(4AB) applies or to any transfer of a marketable
security or right in respect of shares which is made
or executed to perfect a sale or purchase to which
subdivision (4AA) applies and which is deemed to
be duly stamped in accordance with the provisions
of that subdivision.
AB-26/5/98
56
S. 55A
inserted by
No. 7416
s. 10(c),
substituted by
No. 9502
s. 3(1).
S. 55A(1)
amended by
No. 44/1994
s. 5(1)(a)(i)(ii).
Stamps Act 1958
Act No. 6375/1958
s. 55B
(2) Where the Comptroller of Stamps is satisfied that
duty has been paid or will be paid under this Act
on a transfer of a marketable security or a right in
respect of shares in a State, Territory or country in
respect of which a proclamation under section
60G is in force—
S. 55A(2)
amended by
Nos 9662
s. 6(1)(a)(i),
10067 s. 4(a).
(a) where duty has been paid under this Act and
paid outside of Victoria in respect of that
transfer the Comptroller of Stamps shall
certify that the amount of duty paid outside
Victoria or the amount of duty paid under
this Act (whichever amount is less) has been
over paid and the Treasurer shall refund that
amount accordingly to the person who paid
the duty in Victoria; or
S. 55A(2)(b)
amended by
No. 9662
s. 6(1)(a)(ii).
S. 55B
inserted by
No. 9502
s. 3(2).
(b) where the duty is paid or payable outside
Victoria and would but for the provisions of
this clause by payable in Victoria and the
refund under paragraph (a) would have been
allowed in Victoria had duty been paid in
Victoria and outside Victoria then if the
Comptroller is satisfied that duty has been or
will be paid on the transfer outside Victoria
he may stamp the transfer not chargeable
with duty in Victoria.
55B. Liability to pay duty in respect of transfers of
marketable securities
Any liability to pay duty in respect of the transfer
of a marketable security or a right in respect of
shares of a municipal or other corporation
company or society under this Act shall be a
liability of the municipal or other corporation
company or society (as the case may be) the
transferee and the transferor jointly and severally
and the corporation company or society (as the
case may be) and the transferor shall be entitled to
AB-26/5/98
57
Stamps Act 1958
Act No. 6375/1958
s. 56
recover from the transferee in any court of
competent jurisdiction any moneys paid by them
under this section or they may deduct any moneys
paid by them under this section from any moneys
due to be paid to the transferee by them.
56. Stamping of transfers of marketable securities etc.
(1) A transfer of a marketable security or right in
respect of shares that is liable to duty under this
Act shall be stamped by the persons liable to pay
duty—
(a) within three months after the transfer has
been executed; or
Nos 5204
s. 56, 6104
s. 13.
S. 56(1)
amended by
Nos 6791 s. 5,
9502 s. 3(3),
substituted by
No. 88/1986
s. 9(a).
(b) if, during that period the opinion of the
Comptroller of Stamps is required with
respect to the amount of duty with which the
transfer is chargeable, within the time
specified in the notice of the assessment.
(1A) For the purposes of sub-section (1) a transfer of a
marketable security or right in respect of shares
which is effected by an instrument which is a
sufficient transfer under Division 3 of Part 7.13 of
the Corporations Law shall be deemed to have
been executed on the day upon which the stamp of
the transferee's broker was affixed to the
instrument.
S. 56(1A)
inserted by
No. 10067
s. 4(b),
amended by
Nos 88/1986
s. 9(b),
119/1994
s. 33(a)(b).
(2) If any transfer of a marketable security or right in
respect of shares to which this subdivision applies
is not duly stamped within the appropriate period
prescribed by this section, the persons liable to
pay duty shall be guilty of an offence and for every
such offence shall be liable to a penalty of not
more than 1 penalty unit.
S. 56(2)
amended by
Nos 7416
s. 10(d), 9502
s. 3(4), 9662
s. 23(l).
AB-26/5/98
58
Stamps Act 1958
Act No. 6375/1958
s. 56A
S. 56A
inserted by
No. 6791 s. 6,
amended by
No. 9662
s. 6(1)(b)
(i)–(iii).
56A. Assignment of interest under will etc.
(1) Every instrument by which the right or interest of
any person—
(a) under the will or codicil of any deceased
person disposing of any marketable security
or right in respect of shares; or
(b) in or under the estate of any deceased person
comprising any marketable security or right
in respect of shares—
is transferred or assigned or agreed to be
transferred or assigned (otherwise than by way of
security) shall, notwithstanding that such will
codicil or estate has not been fully administered,
be deemed to be a transfer of a marketable security
or right in respect of shares and shall be
chargeable with stamp duty upon the value of the
marketable security or right in respect of shares in
respect of which the right or interest under that
will or codicil or in or under that estate is so
transferred or assigned or agreed to be transferred
or assigned.
S. 56A(2)
inserted by
No. 9662
s. 6(1)(b)(iv).
(2) Where a transfer of a marketable security or right
in respect of shares is executed in respect of which
a right or interest referred to in sub-section (1)
under a will or codicil or in or under the estate of a
deceased person was transferred or assigned or
agreed to be transferred or assigned to a person (in
this sub-section called "the transferee") (otherwise
than by way of security) and stamp duty has been
paid on the transfer or assignment of or agreement
to transfer or assign that right or interest in
accordance with sub-section (1) the transfer of that
marketable security or right in respect of shares to
the transferee shall not be chargeable with stamp
duty under this subdivision or Heading IV of the
Third Schedule.
AB-26/5/98
59
Stamps Act 1958
Act No. 6375/1958
56B. Partition of marketable securities
(1) In determining the duty to be paid upon any
transfer executed to give effect to a partition or
division of any marketable securities or rights in
respect of shares the Comptroller of Stamps shall
before assessing the stamp duty (if any) payable
on the transfer deduct from the value of those
marketable securities or rights the value of the
beneficial interest in those marketable securities or
rights held prior to the transfer by the transferee.
(2) Where a transfer of a marketable security is made
to a shareholder of a company in the course of any
distribution of assets of the company in
consequence of the winding up of the company,
the Comptroller of Stamps shall, before assessing
the stamp duty (if any) payable on the transfer
deduct from the value of the marketable
security—
s. 56B
S. 56B
inserted by
No. 7204
s. 4(1),
substituted by
No. 9662
s. 6(1)(c).
S. 56B(2)
substituted by
No. 10256
s. 8(1).
(a) if the shareholder is not a creditor of the
company—the value of the shareholder's
entitlement in the undistributed assets of the
company immediately before the transfer; or
(b) if the shareholder is a creditor of the
company—the amount (if any) by which the
value of the shareholder's entitlement in the
undistributed assets of the company
immediately before the transfer exceeds the
amount owed by the company to the
shareholder as a creditor.
57. Transfer, how stamped
(1) The duty on a transfer on sale of any marketable
security or right in respect of shares, if made upon
a consideration in money or money's worth of not
less than the unencumbered value thereof, may be
denoted by an adhesive stamp.
AB-26/5/98
60
No. 5204 s. 57.
Stamps Act 1958
Act No. 6375/1958
s. 59
(2) The duty on any other transfer of a marketable
security or right in respect of shares shall be
denoted by an impressed stamp.
S. 57(3)
amended by
No. 9662
s. 6(1)(d).
(3) Every adhesive stamp on a transfer on sale
aforesaid shall be cancelled by any person liable to
pay the duty on the transfer.
S. 58
repealed by
No. 7416
s. 10(e).
Nos 5204
s. 59, 6104
s. 14.
S. 59(1AA)
inserted by
No. 27/1995
s. 5,
amended by
No. 101/1995
s. 38(a)(b).
*
*
*
*
*
59. Statements of sales of marketable securities etc.
(1AA) In this section a reference to a disposal of
marketable securities or rights in respect of shares
is deemed to be a reference to a disposal by
transfer of a marketable security as described in
paragraph (a), (b), (c) or (d) of clause 1 in heading
IV(A) of the Third Schedule.
S. 59(1)
substituted by
No. 6791 s. 7,
amended by
Nos 6910 s. 3,
7047 s. 3,
7142 s. 2,
7416 s. 10(f),
9662
s. 6(1)(e)(i)(vi).
(1) Every person (including any trustee company)
who disposes of any marketable securities or
rights in respect of shares shall—
(a) furnish to the Comptroller of Stamps not
later than the fourteenth day of each month a
statement in duplicate in the prescribed form
verified by statutory declaration setting out
the prescribed particulars—
S. 59(1)(a)(i)
amended by
No. 9662
s. 6(1)(e)(ii).
(i) of all dispositions made by him
(whether on his own behalf or as agent
for another) during the last preceding
month of any marketable securities or
rights in respect of shares upon the
previous acquisition of which by him or
by his agency (as the case may be) no
dutiable instrument of transfer was
AB-26/5/98
61
Stamps Act 1958
Act No. 6375/1958
s. 59
executed or no stamp duty was paid;
and
(ii) of all dispositions of marketable
securities or rights in respect of shares
made or effected by himself as trustee
for any person to himself as beneficial
owner or as trustee for another person
upon the acquisition of which then
made on behalf of himself or such other
person no instrument of transfer is
executed;
(iii) of all acquisitions effected or made by
him (whether on his own behalf or as
agent for another) during the last
preceding month of debentures or other
marketable securities payable to bearer
and transferred by delivery without the
execution of any instrument of transfer;
and
(b) pay to the Comptroller of Stamps as stamp
duty on such statement a sum equal to the
total amount of stamp duty which if an
instrument of transfer had been executed
upon each of such acquisitions would have
been payable on all such instruments.
*
*
*
*
*
(1A) For the purposes of sub-section (1) every trustee
who is—
(a) notified of a disposition of a right or interest
in a marketable security or right in respect of
shares which he holds on behalf of a person;
or
AB-26/5/98
62
S. 59(1)(a)(ii)
substituted by
No. 9662
s. 6(1)(e)(iii).
S. 59(1)(a)(iii)
inserted by
No. 7047
s. 3(b),
amended by
No. 9662
s. 6(1)(e)(iv).
S. 59(1)(b)
amended by
No. 9662
s. 61(1)(e)(v).
S. 59(1)
Proviso
repealed by
No. 7416
s. 10(g).
S. 59(1A)
inserted by
No. 9662
s. 6(1)(e)(vi),
amended by
No. 9911
s. 2(a).
Stamps Act 1958
Act No. 6375/1958
s. 59
(b) directed to hold a marketable security or
right in respect of shares on behalf of a
person other than a person on behalf of
whom he holds that security or right—
shall be deemed to have disposed of that
marketable security or right to himself as trustee
for that other person.
(2) It shall not be necessary for the Comptroller of
Stamps to give a receipt for such payment which
shall be certified or denoted on the original
statement by an impressed stamp.
S. 59(3)
amended by
No. 7416
s. 10(h).
(3) The statement so stamped shall be—
(a) returned to the person making the statement;
and
(b) retained by him for a period of at least three
years.
S. 59(4)
amended by
No. 7416
s. 10(i).
(4) Any person who pays any amount to the
Comptroller of Stamps under this section may—
(a) retain the same out of any moneys in his
hands belonging to the purchaser of the
marketable security or right in respect of
shares; or
S. 59(4)(b)
amended by
Nos 7876
s. 2(3),
57/1989
s. 3(Sch. item
184.7).
S. 59(5)
inserted by
Nos 7416
s. 10(j), 9662
s. 23(m).
(b) recover such amount from the said purchaser
in the Magistrates' Court as a civil debt
recoverable summarily or in any court of
competent jurisdiction.
(5) Any person who fails to comply with any of the
provisions of this section shall be guilty of an
offence and for every such offence shall be liable
to a penalty of not more than 1 penalty unit and in
addition a penalty of not more than double the
amount of duty that would have been payable if
this section had been complied with.
AB-26/5/98
63
Stamps Act 1958
Act No. 6375/1958
s. 59A
(6) This section does not apply to—
(a) a relevant transaction within the meaning of
section 59A the particulars of which are
required to be furnished to the Comptroller
of Stamps pursuant to section 59A; or
(b) any sale by a Victorian dealer to which the
provisions of subdivision (4AA) apply; or
S. 59(6)(b)
amended by
No. 44/1994
s. 5(1)(b)(c).
(c) an SCH-regulated transfer to which
subdivision (4AB) applies.
S. 59(6)(c)
inserted by
No. 44/1994
s. 5(1)(c).
59A. Definitions
(1) In this section unless inconsistent with the context
or subject-matter—
*
S. 59(6)
inserted by
No. 7416
s. 10(k),
substituted by
No. 9911
s. 2(b).
*
*
*
*
S. 59A
inserted by
No. 9911 s. 3.
S. 59A(1)
def. of
"books"
repealed by
No. 9991
s. 27(2)(c).
"broker" means a person, firm or corporation
who or which is a member of The Stock
Exchange;
"corresponding law" means a law of another
State or of a Territory declared under subsection (2A) to be a corresponding law for
the purposes of this section;
"jobber" means a person, firm or corporation
who or which is recognized as a jobber
according to the rules and practices of The
Stock Exchange;
"month" means month of the year;
AB-26/5/98
64
S. 59A(1)
def. of
"corresponding law"
inserted by
No. 10256
s. 7(1)(a).
Stamps Act 1958
Act No. 6375/1958
s. 59A
"person to whom this section applies" means a
person in respect of whom a declaration
under sub-section (2) is in force;
S. 59A(1)
def. of
"relevant
transaction"
amended by
No. 10256
s. 7(1)(b).
"relevant transaction" means a disposition of
marketable securities or rights in respect of
shares of a municipal or other corporation,
company or society which has a register in
Victoria made or effected by a person to
whom this section applies as trustee for any
person to the first-mentioned person as
trustee for another person;
"The Stock Exchange" means The Stock
Exchange of the United Kingdom.
(2) The Governor in Council may, by notice published
in the Government Gazette, declare a person—
(a) who is a trustee; and
(b) who carries on business in Victoria—
to be a person to whom this section applies.
S. 59A(2A)
inserted by
No. 10256
s. 7(1)(c).
(2A) The Governor in Council may, by notice published
in the Government Gazette, declare a law of
another State or of a Territory to be a
corresponding law for the purposes of this section.
S. 59A(3)
amended by
No. 10256
s. 7(1)(d).
(3) A declaration under sub-section (2) or (2A) may at
any time be revoked by the Governor in Council
by notice published in the Government Gazette.
(4) Where a person to whom this section applies—
S. 59A(4)(a)
amended by
No. 10256
s. 7(1)(e).
(a) is notified of a disposition to another person
of a right or interest in a marketable security
or right in respect of shares which the firstmentioned person holds as trustee on behalf
of a person; or
AB-26/5/98
65
Stamps Act 1958
Act No. 6375/1958
(b) is directed to hold a marketable security or
right in respect of shares on behalf of a
person other than a person on behalf of
whom the first-mentioned person holds that
security or right—
s. 59A
S. 59A(4)(b)
amended by
No. 10256
s. 7(1)(e).
there shall be deemed to have been made or
effected by the first-mentioned person a
disposition of that marketable security or right to
the first-mentioned person as trustee for that other
person.
(5) A person to whom this section applies shall on or
before the 28th day of each month—
(a) furnish to the Comptroller of Stamps a
statement in the prescribed form verified in
the prescribed manner setting out the
prescribed particulars of relevant transactions
made or effected or deemed to have been
made or effected by the person during the
preceding month; and
(b) pay to the Comptroller of Stamps as stamp
duty on that statement a sum equal to the
total amount of stamp duty which would
have been payable if each such relevant
transaction had been made or effected by an
instrument of transfer subject to duty under
this subdivision.
(6) Any person who fails to comply with any of the
provisions of this section shall be guilty of an
offence and for every such offence shall be liable
to a penalty of not more than 10 penalty units and
in addition a penalty of not more than double the
amount of duty that would have been payable if
this section had been complied with.
AB-26/5/98
66
S. 59A(5)(a)
amended by
No. 10256
s. 7(1)(f).
Stamps Act 1958
Act No. 6375/1958
s. 59A
(7) Sub-section (5) does not apply to or in respect of a
relevant transaction where the disposition to
which the relevant transaction relates—
(a) would, if that disposition had been made or
effected by an instrument of transfer of
marketable securities, be exempt from duty
under—
(i) clause (2) or (3); or
(ii) paragraph (a), (b), (d), (e), (g) or (h) of
clause (5)—
of the exemptions under Heading IV(A) of
the Third Schedule;
S. 59A(7)(ab)
inserted by
No. 10256
s. 7(1)(g).
(ab) is in respect of marketable securities or rights
in respect of shares of a municipal or other
corporation, company or society which is
incorporated in or, in the case of a
corporation incorporated outside Australia, is
registered in another State or in a Territory
where a corresponding law is in force;
(b) is made by way of security otherwise than to
secure the rights of a purchaser or intended
purchaser under a contemplated sale, or in
consequence of such a security being no
longer required;
(c) is, in accordance with the rules and practices
of The Stock Exchange, a stock loan
transaction;
S. 59A(7)(d)
amended by
Nos 10256
s. 7(1)(h)(i),
88/1986
ss 10(a)(i)(ii),
11(1)(a).
(d) is made or effected by a jobber to a broker
who acquired the marketable securities or
rights in respect of shares as principal where,
within ten clear days (not including any day
on which The Stock Exchange is closed for
business) after acquisition, the broker
disposed of the broker's beneficial interest in
those securities or rights;
AB-26/5/98
67
Stamps Act 1958
Act No. 6375/1958
(e) is made or effected by a broker as principal
within ten clear days (not including any day
on which The Stock Exchange is closed for
business) after the broker acquired those
marketable securities or rights in respect of
shares as principal—
s. 59A
S. 59A(7)(e)
substituted by
No. 10256
s. 7(1)(j),
amended by
No. 88/1986
s. 11(1)(a).
(i) to a jobber; or
(ii) to another broker as principal where,
within ten such clear days after the
acquisition, the other broker disposed
of the other broker's beneficial interests
in those securities or rights;
(ea) is made or effected by or to a person who is a
Victorian dealer within the meaning of
section 60A; or
S. 59A(7)(e)(ii)
amended by
No. 88/1986
s. 11(1)(a).
S. 59A(7)(ea)
inserted by
No. 9991
s. 7(1).
(f) is made or effected by a jobber to another
jobber.
(8) Where a relevant transaction is made—
AB-26/5/98
S. 59A(8)
amended by
No. 10256
s. 7(1)(m).
(a) by a person to whom this section applies as
trustee for a broker to the person as trustee
for a jobber; or
S. 59A(8)(a)
amended by
No. 10256
s. 7(1)(k).
(b) by a person to whom this section applies as
trustee for a jobber to the person as trustee
for a broker; or
S. 59A(8)(b)
amended by
No. 10256
s. 7(1)(l).
(c) by a person to whom this section applies as
trustee for another person to the firstmentioned person as trustee for a broker who
acquired the marketable securities or rights
in respect of shares as principal where,
within ten clear days (not including any day
on which The Stock Exchange is closed for
business) after acquisition, the broker
S. 59A(8)(c)
inserted by
No. 10256
s. 7(1)(m),
amended by
No. 88/1986
ss 10(b)(i)(ii),
11(1)(a).
68
Stamps Act 1958
Act No. 6375/1958
s. 60
disposed of the broker's beneficial interest in
those marketable securities or rights; or
S. 59A(8)(d)
inserted by
No. 10256
s. 7(1)(m),
amended by
No. 88/1986
ss 10(c),
11(1)(a).
(d) by a person to whom this section applies as
trustee for a broker as principal within ten
such clear days after acquisition to the person
as trustee for another person—
the amount payable under sub-section (5) in
respect of that relevant transaction shall be one
half of the amount that would otherwise be
payable.
S. 59A(9)
amended by
No. 10256
s. 7(1)(n).
No. 5204 s. 60.
(9) A person to whom this section applies shall, for
the purposes of this Act, keep such books as are
necessary to give a true indication of the relevant
transactions made or effected by the person and
shall retain those books for a period of three years
after the completion of the transactions to which
they relate.
60. Issue or allotment of shares by direction
S. 60
amended by
Nos 6455 s. 2,
6839 s. 4.
S. 60(1)
amended by
Nos 9662
s. 23(m), 9699
s. 23,
119/1994 s.
33(9)(c).
(1) Where—
(a) any person; or
(b) the nominees of any person; or
(c) any person or his nominees; or
(d) any person and his nominees—
(and any such person is hereinafter referred to as
"the nominator") is or are entitled to have issued
or allotted to him or to them or to him or them or
to him and them any shares in any company within
the meaning of the Corporations Law, if such
company issues or allots any of such shares to any
AB-26/5/98
69
Stamps Act 1958
Act No. 6375/1958
s. 60
such nominee or to any other person (other than
the nominator or his trustee or legal personal
representative) except upon a duly stamped
direction in writing given to the company by the
nominator, the company shall be guilty of an
offence and for every such offence shall be liable
to a penalty of not more than 2 penalty units and
in addition a penalty of not more than double the
amount of duty that would have been payable if
this section had been complied with:
Provided that nothing in this sub-section shall
apply in the case of—
(i) any disposition of any shares or right in
respect of shares in regard to which an
instrument of transfer has been
executed and is required to be and is
duly stamped pursuant to this Act; or
S. 60(1)
Proviso (i)
amended by
No. 9662
s. 6(1)(f)(i).
(ii) a direction given by the underwriter in
any contract for underwriting shares
upon the first issue thereof by any such
company.
(2) The duty on a direction aforesaid shall be payable
by the nominator and denoted by an impressed
stamp.
(4A) Marketable securities general
S. 60(2)
amended by
No. 9662
s. 6(1)(f)(ii).
Pt 2 Div. 3
Subdiv. (4A)
(Heading)
inserted by
No. 7416
s. 10(l),
substituted by
No. 44/1994
s. 5(1)(d).
Pt 2 Div. 3
Subdiv. (4)
(ss 60A–60E)
inserted by
No. 7416
s. 10(l).
AB-26/5/98
70
Stamps Act 1958
Act No. 6375/1958
s. 60A
S. 60A
inserted by
No. 7416
s. 10(l).
60A. Definitions
S. 60A(1)
amended by
No. 10067
s. 4(c),
repealed by
No. 44/1994
s. 5(1)(e).
S. 60A(1A)
inserted by
No. 10067
s. 4(d),
amended by
No. 44/1994
s. 5(1)(f).
*
*
*
*
*
(1A) The Governor in Council may, by proclamation
published in the Government Gazette, declare any
law in force in any State or Territory of the
Commonwealth to be a "corresponding Act" for
the purposes of this subdivision or any part of this
Act and may by a like proclamation amend, vary
or revoke any such declaration.
S. 60A(2)
amended by
Nos 8465
s. 15, 44/1994
s. 5(1)(g)(h).
(2) The provisions of this subdivision and subdivision
(4AA) and the charge for duty on the return
referred to therein shall apply to and have effect
only in the case of a sale or purchase of a
marketable security or right in respect of shares
for a consideration in money or money's worth of
not less than the unencumbered value of the
marketable security or right in respect of shares
and if such marketable security or right in respect
of shares is listed on the Australian Stock
Exchange Limited.
S. 60A(3)
inserted by
No. 9413
s. 6(1),
amended by
No. 44/1994
s. 5(1)(i).
(3) For the purposes of this subdivision and
subdivision (4AA) and of the Third Schedule,
Heading IV(A)—
(a) a marketable security that is sold or
purchased is, subject to sub-section (4),
short-dated if on the day of its sale or
purchase—
(i) having been issued for a fixed term
which has not expired, it is, at or after
AB-26/5/98
71
Stamps Act 1958
Act No. 6375/1958
the expiration of that term, repayable
less than 24 months after its sale or
purchase without notice or at the
request of the purchaser, or subsequent
holder, of the marketable security;
(ii) having been issued for a fixed term
which has expired, it is repayable
without notice but has not been repaid;
or
(iii) having been issued for a fixed term
which has expired or not having been
issued for a fixed term, it is repayable at
the request of the purchaser, or
subsequent holder, of the marketable
security;
(b) "fixed term" in relation to a marketable
security, means the period commencing on
the day of its issue and ending on the day
specified in the terms of its issue as the day
on which it matures or, if there is more than
one such day specified in the terms of its
issue, the last such day;
(c) a marketable security that is repayable at the
request of its holder shall be deemed to be
repayable at the expiration of the period, if
any, during which the person liable to repay
would be entitled to delay repayment if the
holder of the marketable security requested
repayment or, if there is no such period, on
the day of request; and
(d) marketable security that is short-dated as
referred to in paragraph (a), sub-paragraph
(ii), or a marketable security that, having
been issued for a fixed term which has
expired or not having been issued for a fixed
term, is repayable forthwith upon the request
AB-26/5/98
72
s. 60A
Stamps Act 1958
Act No. 6375/1958
s. 60B
of the purchaser, or subsequent holder, of the
marketable security shall be deemed to be
repayable one month after its sale or
purchase.
S. 60A(4)
inserted by
No. 9413
s. 6(1).
Pt 2 Div. 3
Subdiv. (4AA)
(Heading)
inserted by
No. 44/1994
s. 5(1)(j).
S. 60B
inserted by
No. 7416
s. 10(l).
(4) A marketable security that is sold or purchased is
not short-dated if it is of a prescribed class of
marketable security.
(4AA) Duty on sales and purchases by brokers
60B. Sales and purchases to be recorded
S. 60B(1)
amended by
Nos 7830
s. 4(a),
65/1988
s. 4(1),
42/1996
s. 23(1).
(1) Subject to sub-sections (3), (4), (4A), (5) and
(5A), a Victorian dealer shall forthwith on a sale
or purchase being made, or being deemed to have
been made, whether within or without Victoria—
(a) pursuant to an order lodged with him in
Victoria; or
(b) on his own account or behalf—
being a sale or purchase to which this subdivision
applies, make a record of the sale or purchase
showing—
(i) the date of the sale or the purchase;
(ii) the name of the principal (if any) for
whom such sale or purchase was
effected;
(iii) the name of the dealer (if any) with
whom the sale or the purchase was
effected;
AB-26/5/98
73
Stamps Act 1958
Act No. 6375/1958
(iv) the quantity and full description of the
marketable security or right in respect
of shares including, if the amount of
stamp duty is calculated under section
60C(1A), details of how the marketable
security was short-dated on the day of
the sale or purchase;
(v) the selling price of such marketable
security or right in respect of shares per
unit and in total;
(vi) amount of stamp duty chargeable.
(2) For the purposes of sub-section (1) of this
section—
(a) a Victorian dealer who makes a purchase
whether on his own account or on behalf of
another person from any person who is not a
dealer shall notwithstanding that no order to
sell was in fact lodged with him be deemed
to have also made a sale pursuant to an order
to sell lodged with him in Victoria by the
person from whom he made the purchase;
(b) a Victorian dealer who makes a sale whether
on his own account or on behalf of another
person to any person who is not a dealer shall
notwithstanding that no order to purchase
was in fact lodged with him be deemed to
have also made a purchase pursuant to an
order to purchase lodged with him in
Victoria by the person to whom he made the
sale.
(3) Sub-section (1) of this section does not apply to
require a Victorian dealer to make a record—
(a) in respect of a sale, where the sale referred to
in that sub-section is made pursuant to an
AB-26/5/98
74
s. 60B
S. 60B(1)(b)(iv
) amended by
No. 9413
s. 6(2).
Stamps Act 1958
Act No. 6375/1958
s. 60B
order to sell lodged with him by or on behalf
of another dealer; or
(b) in respect of a purchase, where the purchase
referred to in that sub-section is made
pursuant to an order to purchase lodged with
him by or on behalf of another dealer.
(4) Sub-section (1) of this section does not apply to
any sale or purchase of marketable securities or
rights in respect of shares—
S. 60B(4)(a)
amended by
No. 10118
s. 6(3).
(a) the transfer in respect of which would be
exempt from duty under clause (2), (3) or
(15) of the exemptions under Heading IV(A)
of the Third Schedule;
S. 60B(4)(b)
amended by
Nos 10219
s. 11(11)(a),
65/1987
s. 27(1)(a),
29/1988
s. 56(2),
65/1988
s. 20(1),
81/1989
s. 3(Sch. item
48.1), 44/1994
s. 5(1)(k),
60/1995
s. 28(5)(a).
(b) by Her Majesty in right of the State of
Victoria otherwise than by any municipality,
the Municipal Association of Victoria, the
Western Metropolitan Market Trust any
authority under the Water Act 1989;
S. 60B(4)(c)
substituted by
No. 9120 s. 4.
(c) for any religious charitable or educational
purpose or by any corporation or body of
persons associated for any such purpose or
by a person in trust for any such corporation
or body of persons;
(d) by a representative in Australia of the
Government of another country a foreign
consul or a trade commissioner of any part of
the British Commonwealth of Nations.
S. 60B(4A)
inserted by
No. 42/1996
s. 23(2).
(4A) Sub-section (1) does not apply to any purchase of
a marketable security, being a share in a Victorian
AB-26/5/98
75
Stamps Act 1958
Act No. 6375/1958
s. 60B
registered company, where the company buys back
the share as permitted by Division 4B of Part 2.4
of the Corporations Law.
(5) Sub-section (1) of this section does not apply to
any sale or purchase of an odd lot by an odd lot
specialist.
(5A) Sub-section (1) does not apply to a sale or
purchase of marketable securities or rights in
respect of shares to which subdivision (5) applies.
S. 60B(5A)
inserted by
No. 65/1988
s. 4(2).
(6) A Victorian dealer keeping such a record may
incorporate therein additional information for his
own use.
(7) The record must be kept by the Victorian dealer in
a legible written form, or so as to be readily
convertible into such a form, for a period of not
less than 3 years from the date of the sale or
purchase.
S. 60B(7)
substituted by
No. 44/1994
s. 5(2).
(8) The Comptroller may require a Victorian dealer to
keep such additional records of such sales or
purchases as he considers necessary.
(9) A Victorian dealer who fails to make or keep such
a record or such additional records as required by
the Comptroller shall be guilty of an offence
against this Act.
Penalty:
10 penalty units.
(10) A Victorian dealer shall at reasonable times permit
the Comptroller or any inspector or other officer
authorized by the Comptroller to enter on
premises to inspect papers, records, documents
and proceedings for or relating to the sale or
purchase of any such marketable security or right
in respect of shares.
Penalty:
AB-26/5/98
S. 60B(9)
amended by
No. 9662
s. 23(o).
10 penalty units.
76
S. 60B(10)
amended by
No. 9662
s. 23(p).
Stamps Act 1958
Act No. 6375/1958
s. 60C
S. 60C
inserted by
No. 7416
s. 10(l),
amended by
Nos 7830
s. 4(b), 8157
s. 3(2), 9413
s. 6(3), 9662
s. 23(q),
88/1986
ss 11(1)(b), 12,
52/1995
s. 4(1),
substituted by
No. 101/1995
s. 39.
60C. Returns to be lodged and duty paid
(1) A Victorian dealer must—
(a) not later than Thursday of each week lodge
with the Comptroller a return in duplicate of
the sales and purchases to which section 60B
applies made by the Victorian dealer
otherwise than on the dealer's own account
or behalf or on behalf of a futures member
and required to be included in a return under
sub-section (3), during the last preceding
calendar week in the prescribed form
containing a certificate that the record
required by section 60B has been duly made
and such other particulars are as prescribed;
and
(b)
3,4
pay to the Comptroller as stamp duty in
respect of the sales and purchases included in
a return under paragraph (a), an amount
calculated on the total consideration for each
such sale and purchase at the rate of—
(i) if the total consideration is less than
$100, 3·5 cents for every $25 and also
for any fractional part of $25 of the sale
or purchase price; or
(ii) if the total consideration is $100 or
more, at the rate of 15 cents for every
$100 and also for any fractional part of
$100 of the sale or purchase price.
(2) A Victorian dealer must—
(a) not later than the 14th day of each month,
lodge with the Comptroller a return in
duplicate of the sales and purchases to which
section 60B applies made by the dealer on
the dealer's own account or behalf during the
last preceding month of the year in the
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77
Stamps Act 1958
Act No. 6375/1958
prescribed form containing a certificate that
the record required by section 60B has been
duly made and such other particulars as are
prescribed; and
(b) pay to the Comptroller as stamp duty in
respect of the sales or purchases included in
a return under paragraph (a) an amount
calculated on the total consideration for each
such sale or purchase at the rate of 0·25 cents
for every $100 and also for any fractional
part of $100; and
(c) in addition to the duty payable under
paragraph (b), pay to the Comptroller as
stamp duty in respect of sales included in a
return under paragraph (a) being sales by the
dealer of marketable securities or rights in
respect of shares purchased by the dealer
more than 3 months before the date of sale—
(i) a further amount calculated on the total
consideration for each such sale at the
rate of 14·75 cents for every $100 and
also for any fractional part of $100; and
(ii) a further amount calculated on the total
consideration for each such purchase at
the rate of 14·75 cents for every $100
and also for any fractional part of $100;
and
(d) in addition to the duty payable under
paragraph (b), pay to the Comptroller as
stamp duty in respect of purchases included
in a return under paragraph (a) being
purchases by the dealer to fulfil a contract for
the sale of marketable securities or rights in
respect of shares made by the dealer more
than 3 months before the date of purchase—
AB-26/5/98
78
s. 60C
Stamps Act 1958
Act No. 6375/1958
s. 60C
(i) a further amount calculated on the total
consideration for each such purchase at
the rate of 14·75 cents for every $100
and also for any fractional part of $100;
and
(ii) a further amount calculated on the total
consideration for the number of
marketable securities or rights in
respect of shares in each such contract
of sale that is equal to the total number
of marketable securities or rights in
respect of shares in such purchases at
the rate of 14·75 cents for every $100
and also for any fractional part of $100.
(3) A Victorian dealer must—
(a) not later than the 14th day of each month,
lodge with the Comptroller a return in
duplicate of the sales and purchases to which
section 60B applies made by the dealer—
(i) on behalf of a futures member; and
(ii) made for hedging purposes; and
(iii) of a type in respect of which futures
contracts are traded or the price of
which is included in the calculation of
an index in respect of which futures
contracts are traded—
during the last preceding month of the year
in the prescribed form containing a
certificate that the record required by section
60B has been duly made and such other
particulars as are prescribed; and
(b) pay to the Comptroller as stamp duty in
respect of the sales and purchases included in
a return under paragraph (a), an amount
calculated on the total consideration for each
AB-26/5/98
79
Stamps Act 1958
Act No. 6375/1958
such sale or purchase at the rate of 0·25 cents
for every $100 and also for any fractional
part of $100.
(4) If there has been no sale or purchase to which a
return under sub-section (1), (2) or (3) applies, the
return to be lodged under that sub-section must be
a "nil" return.
(5) In respect of each sale and each purchase referred
to in sub-section (1)(a) of a marketable security
which is short-dated, a Victorian dealer must pay,
instead of the stamp duty provided for by subsection (1)(b), as stamp duty for each month and
also for any remaining fractional part of a month
of the period commencing on the day on which the
marketable security is sold or purchased and
ending—
(a) if the marketable security was issued for a
fixed term which has not expired, on the
earliest day on which it is repayable at or
after the expiration of the fixed term; or
(b) if the marketable security was issued for a
fixed term which has expired or where the
marketable security was not issued for a
fixed term, on the earliest day on which it is
repayable—
an amount calculated on the consideration for the
sale or purchase at the rate of 1·25 cents for every
$100 and also for any remaining part of $100 of
the sale price or purchase price, as the case may
be.
(6) Despite sub-section (1), (2) or (3), in the case of a
sale or purchase made following the exercise of an
option to purchase a marketable security or right
in respect of shares, stamp duty is to be calculated
on the premium paid on the option or the
AB-26/5/98
80
s. 60C
Stamps Act 1958
Act No. 6375/1958
s. 60D
consideration for the sale or purchase of the
marketable security, whichever is the greater
amount (and a reference in sub-section (1), (2) or
(3) to the consideration is to be construed as a
reference to the greater amount).
(7) A Victorian dealer who fails to lodge a return or
who lodges a return which is false in any material
particular is liable to a penalty of not more than
10 penalty units and in addition is liable to pay an
amount equivalent to twice the duty which would
have been payable had a return been lodged in
accordance with this subdivision.
(8) A Victorian dealer who fails to pay the duty
chargeable on a return lodged by the dealer is
liable to a penalty of not more than 10 penalty
units and in addition is liable to pay an amount
equivalent to twice the duty which was payable in
accordance with this subdivision.
S. 60D
inserted by
No. 7416
s. 10(l),
amended by
Nos 9662
s. 23(r),
65/1988
s. 4(3),
substituted by
No. 44/1994
s. 6.
60D. Endorsement as to payment of duty
(1) On the making of a record relating to a sale or
purchase in accordance with section 60B(1), or the
making of a sale or purchase to which section
60B(1) does not apply by virtue of the operation of
section 60B(4), (5) or (5A), the Victorian dealer
must—
(a) if the transfer on the sale or purchase is not
an SCH-regulated transfer to which the
dealer is a party as an SCH participant,
endorse the instrument of transfer with a
statement to the effect that the stamp duty (if
applicable) has been or will be paid and must
affix his or her stamp and the date of the
endorsement under that statement; or
(b) if the transfer on the sale or purchase is an
SCH-regulated transfer to which the dealer is
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81
Stamps Act 1958
Act No. 6375/1958
s. 60E
a party as an SCH participant, include the
participant's identification code in the
transfer document in accordance with the
SCH business rules.
(2) A Victorian dealer who—
(a) endorses an instrument with the dealer's
stamp; or
(b) being an SCH participant, includes the
participant's identification code in a transfer
document—
without making the appropriate record under
section 60B(1) is guilty of an offence.
Penalty:
20 penalty units.
(3) If, in accordance with the provisions of this
section or in accordance with any corresponding
Act, the dealers purchasing and selling a
marketable security—
(a) have affixed their respective stamps to the
instrument of transfer; or
(b) being SCH participants, have included their
respective identification codes in the transfer
document—
by which the transfer of that marketable security is
effected, the instrument or transfer document is to
be taken to be duly stamped.
60E. Power to dealer to recover duty from vendor etc.
Any Victorian dealer who pays any amount to the
Comptroller under this subdivision may recover
from the vendor or the purchaser for whom he has
or is deemed to have made the sale or purchase the
duty in relation to the sale or purchase respectively
and without enlarging the right of recovery so
given he may—
AB-26/5/98
82
S. 60E
inserted by
No. 7416
s. 10(l).
Stamps Act 1958
Act No. 6375/1958
s. 60EA
(a) retain the same out of any moneys in his
hands belonging to the vendor or the
purchaser of the marketable security or a
right in respect of shares; or
(b) recover such amount from the said vendor or
purchaser as a civil debt recoverable in a
court of competent jurisdiction.
Pt 2 Div. 3
Subdiv. (4AB)
(Heading and
ss 60EA–
60EH)
inserted by
No. 44/1994
s. 7.
S. 60EA
inserted by
No. 44/1994
s. 7.
(4AB) Duty on certain SCH-regulated transfers
60EA. Application of subdivision
This subdivision applies to an SCH-regulated
transfer of a marketable security only where—
(a) the transfer is a proper SCH transfer; and
(b) the transfer is made otherwise than on a sale
or purchase to which subdivision (4AA)
applies; and
(c) the security is—
S. 60EA(c)(i)
amended by
No. 42/1996
s. 24(1)(a)(i)(ii).
(i) a share, or a right or CUFS in respect of
a share, of a relevant company; or
S. 60EA(c)(ii)
amended by
No. 42/1996
s. 24(1)(b).
(ii) a unit of a unit trust scheme, or a CUFS
in respect of a unit of a public unit trust
scheme, the principal register of which
is situated in this State; or
S. 60EA(c)(iii)
amended by
No. 42/1996
s. 24(1)(c).
(iii) a unit of a unit trust scheme, or a CUFS
in respect of a unit of a public unit trust
scheme, in relation to which no register
exists in Australia and—
AB-26/5/98
83
Stamps Act 1958
Act No. 6375/1958
s. 60EB
(A) having as the manager of the
scheme a relevant company or a
natural person principally resident
in this State; or
(B) not having a manager but with a
trustee that is a relevant company
or a natural person principally
resident in this State; or
(iv) an IR in respect of a share of a
Victorian registered company; and
S. 60EA(c)
(iii)(B)
amended by
No. 42/1996
s. 24(2)(a).
S. 60EA(c)(iv)
inserted by
No. 42/1996
s. 24(2)(b).
(d) The body approved as the securities clearing
house under section 779B of the
Corporations Law is registered by the
Comptroller of Stamps under subdivision
(4AC).
60EB. Transfer documents treated as instruments of transfer
For the purposes of this Act, the transfer document
for an SCH-regulated transfer of a marketable
security to which this subdivision applies is to be
taken to be an instrument of transfer of the
security and, subject to this Act, chargeable with
duty accordingly.
60EC. SCH participant liable to pay duty
(1) Where duty is chargeable in respect of an SCHregulated transfer of a marketable security, the
SCH participant party to the transfer, or, if there is
more than one, the SCH participant who is the
transferee or controls the transferee's holding, is
liable to pay the duty.
(2) Where the SCH participant liable to pay duty in
respect of an SCH-regulated transfer is not the
transferee under the transfer, the participant may
recover from the transferee the amount of the duty
AB-26/5/98
84
S. 60EB
inserted by
No. 44/1994
s. 7.
S. 60EC
inserted by
No. 44/1994
s. 7.
Stamps Act 1958
Act No. 6375/1958
s. 60ED
paid as a debt by action in a court of competent
jurisdiction and may, in reimbursement of that
amount, retain any money in the participant's
hands belonging to the transferee.
S. 60ED
inserted by
No. 44/1994
s. 7.
60ED. Record of SCH-regulated transfers
(1) A record must be made in accordance with this
section immediately on the making of an SCHregulated transfer of a marketable security to
which this subdivision applies.
(2) The record must be made by the relevant SCH
participant.
(3) The record must show—
(a) the date of the transfer; and
(b) the transfer identifier of the transfer; and
(c) the name of the transferee and, unless
another SCH participant controls the
transferor's holding, the name of the
transferor; and
(d) the identification code of the participant
making the record and the identification code
of the other SCH participant (if any) party to
the transfer; and
(e) the quantity and full description of the
marketable security transferred; and
(f) the transfer value of the marketable security
or, if more than one, of each marketable
security and the total transfer value of all;
and
S. 60ED(3)(g)
amended by
No. 27/1995
s. 6.
(g) the amount of duty chargeable in accordance
with the Heading IV(A) of the Third
Schedule in respect of the transfer; and
(h) if ad valorem duty is not chargeable in
respect of the transfer, a statement of the
AB-26/5/98
85
Stamps Act 1958
Act No. 6375/1958
s. 60EE
grounds on which ad valorem duty is not
chargeable; and
(i) in the case of an error transaction to reverse
an earlier transfer that was made mistakenly,
the transfer identifier of that earlier transfer;
and
(j) any other particulars prescribed for the
purposes of this section.
(4) An SCH participant may, in any record made in
accordance with this section, incorporate
additional information for the participant's own
use.
(5) The record must be kept by the SCH participant in
a legible written form, or so as to be readily
convertible into such a form, for a period of not
less than 5 years from the date of the transfer.
(6) An SCH participant who fails to make or keep a
record as required by this section is guilty of an
offence.
Penalty:
20 penalty units.
60EE. Particulars to be included by relevant participant in
transfer document
The relevant SCH participant must include in the
transfer document for an SCH-regulated transfer
to which this subdivision applies the particulars
required by the Comptroller of Stamps under the
conditions of registration of SCH.
Penalty:
20 penalty units.
60EF. Relevant SCH participant's identification code
equivalent to stamping
When the relevant SCH participant's identification
code is included in the transfer document for an
SCH-regulated transfer to which this subdivision
AB-26/5/98
S. 60EE
inserted by
No. 44/1994
s. 7.
86
S. 60EF
inserted by
No. 44/1994
s. 7.
Stamps Act 1958
Act No. 6375/1958
s. 60EG
applies, the transfer document is to be taken to be
duly stamped but without affecting the relevant
SCH participant's liability to pay any duty
chargeable on the transfer documents.
S. 60EG
inserted by
No. 44/1994
s. 7.
60EG. Report to be made and duty paid
(1) The relevant SCH participant must, not more than
seven days after the end of the month in which the
participant has been party to an SCH-regulated
transfer to which this subdivision applies—
(a) make a report to SCH in respect of the
transfer in the form and containing the
particulars required by the Commissioner
under the conditions of registration of SCH;
and
(b) if duty is chargeable in respect of the
transfer, pay the duty to SCH.
(2) An SCH participant who fails to make a report as
required under this section is guilty of an offence.
Penalty:
50 penalty units.
(3) If the Comptroller of Stamps has reason to believe
or suspect that an SCH participant has
contravened or failed to comply with a
requirement of this section, the Comptroller may,
on the basis of estimates if necessary, make an
assessment of the amount that, in the
Comptroller's opinion, represents unpaid duty.
(4) Where the Comptroller makes an assessment
under sub-section (3)—
(a) the Comptroller must cause notice in writing
of the assessment to be served on the
participant in default; and
(b) the participant is liable to pay to the
Comptroller any duty determined by the
Comptroller under the assessment to be
AB-26/5/98
87
Stamps Act 1958
Act No. 6375/1958
s. 60EH
payable together with any further duty
specified in the notice as being payable by
way of penalty pursuant to sub-section (5).
(5) Where an SCH participant is liable to pay duty by
virtue of an assessment under sub-section (3), the
participant is in addition liable to pay penalty duty
equal to twice the amount of the duty that has
been so assessed.
(6) The Comptroller may at any time remit any
penalty duty, or part of any penalty duty, payable
under this section.
60EH. Refund for error transaction
The Comptroller of Stamps must, on being
satisfied that ad valorem duty has been paid to the
Comptroller in respect of an error transaction to
which this subdivision applies, refund the amount
of the duty so paid.
(4AC) The Securities Clearing House
60EI. Registration as the securities clearing house
(1) The Comptroller of Stamps must, on application
(in a form approved by the Comptroller) by the
body approved as the securities clearing house
under section 779B of the Corporations Law,
register the body under this subdivision.
S. 60EH
inserted by
No. 44/1994
s. 7.
Pt 2 Div. 3
Subdiv. (4C)
(Heading and
ss 60EI–60EL)
inserted by
No. 44/1994
s. 7.
S. 60EI
inserted by
No. 44/1994
s. 7.
(2) The registration is subject to conditions
determined by the Comptroller from time to time
and notified to SCH by writing.
(3) Except as provided in sub-section (4), the
registration continues in force until cancelled by
AB-26/5/98
88
S. 60EI(3)
substituted by
No. 101/1995
s. 40.
Stamps Act 1958
Act No. 6375/1958
s. 60EJ
the Comptroller of Stamps on the application of
the body.
S. 60EI(4)
inserted by
No. 101/1995
s. 40.
S. 60EJ
inserted by
No. 44/1994
s. 7.
(4) The Comptroller of Stamps may, by notice in
writing given to the body, suspend the registration
of the body for a specified period for
contravention of, or failure to comply with, a
provision of this subdivision or a condition of
registration.
60EJ. Monthly return
(1) SCH must, on or before the 15th day of each
month—
(a) lodge with the Comptroller of Stamps a
return in the form and containing the
particulars required by the Comptroller under
the conditions of registration of SCH; and
(b) pay to the Comptroller any duty paid to SCH
under this Act in respect of an SCHregulated transfer made in the preceding
month.
(2) If the Comptroller has reason to believe or suspect
that SCH has contravened or failed to comply with
the requirement of this section, the Comptroller
may, on the basis of estimates if necessary, make
an assessment of the amount that, in the
Comptroller's opinion, represents unpaid duty.
(3) Where the Comptroller makes an assessment
under sub-section (2)—
(a) the Comptroller must cause notice in writing
of the assessment to be served on SCH; and
(b) SCH is liable to pay duty determined by the
Comptroller under the assessment to be
payable together with any further duty
specified in the notice as being payable by
way of penalty pursuant to sub-section (4).
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89
Stamps Act 1958
Act No. 6375/1958
s. 60EK
(4) Where SCH is liable to pay duty by virtue of an
assessment under sub-section (2), SCH is in
addition liable to pay penalty duty equal to the
amount of the duty that has been so assessed.
(5) The Comptroller may at any time remit any
penalty duty, or part of any penalty duty, payable
under this section.
60EK. Particulars reported by participants to be kept by SCH
The particulars reported to SCH by an SCH
participant under this subdivision must be kept by
SCH in a legible written form, or so as to be
readily convertible into such a form, for a period
of not less than 5 years from the date on which the
report is made.
60EL. Disclosure to SCH of information
Nothing in this Act prevents the disclosure to SCH
of information acquired in, or in connection with,
the administration of this Part.
(4B) Registration of Transfer of Shares &c. by Corporations
60F. Transfers of marketable securities not to be registered
unless duly stamped
(1) A transfer of any marketable security or right in
respect of shares shall not be registered recorded
or entered in the books of the corporation
company or society—
(a) in the case of a transfer to which subdivision
(4) or (4AB) of this Division applies and
which is liable to duty under this Act—
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90
S. 60EK
inserted by
No. 44/1994
s. 7.
S. 60EL
inserted by
No. 44/1994
s. 7.
Pt 2 Div. 3
Subdiv. (4B)
(Heading and
s. 60F)
inserted by
No. 7416
s. 10(l).
S. 60F
inserted by
No. 7416
s. 10(l).
S. 60F(1)(a)
amended by
No. 119/1994
s. 22(a).
Stamps Act 1958
Act No. 6375/1958
s. 60F
(i) unless a proper transfer has been
delivered to the corporation company or
society wherein, in the case of a transfer
by way of sale, the consideration
therefor is expressed in terms of money
and the actual date of sale and the date
or dates of execution by the transferor
and transferee are set out; and
S. 60F(1)(a)(i)
amended by
No. 44/1994
s. 8(1)(a).
S. 60F(1)(a)(ii)
amended by
No. 44/1994
s. 8(1)(b),
substituted by
No. 119/1994
s. 22(b),
amended by
No. 31/1997
s. 14.
(ii) unless the transfer is duly stamped or an
officer of the company, corporation or
society has, by notice in writing,
expressed the opinion that the transfer
is, by reason of the exemptions under
heading IV in the Third Schedule, other
than clause (5) (except paragraph (b),
(g) or (j)) of those exemptions, exempt
from duty or is a transfer that the
Comptroller of Stamps is likely to find
to be, or declare to be, exempt from
duty; and
S. 60F(1)(b)
amended by
Nos 44/1994
s. 8(1)(c),
119/1994
s. 22(c).
(b) in the case of a transfer to perfect a sale or
purchase to which subdivision (4AA)
applies—
S. 60F(1)(b)(i)
amended by
No. 44/1994
s. 8(1)(a).
(i) unless a proper transfer has been
delivered to the corporation company or
society; and
(ii) unless the transfer is under sub-section
(3) of section 60D deemed to have been
duly stamped.
S. 60F(2)
amended by
Nos 7830
s. 4(c),
44/1994
s. 8(1)(a)(d),
119/1994
s. 22(d).
(2) After a transfer other than an SCH-regulated
transfer of any marketable security or of any right
in respect of shares has been registered recorded
or entered in the books of the corporation
company or society in Victoria the transfer and, if
applicable, the notice of the officer of the
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Stamps Act 1958
Act No. 6375/1958
s. 60F
company, corporation or society under sub-section
(1)(a)(ii) shall be retained in Victoria by the
corporation company or society for a period of not
less than three years or for such lesser period as in
any particular case the Comptroller of Stamps
allows.
(2A) SCH must keep the prescribed particulars of each
SCH-regulated transfer for not less than 5 years
after the transfer is made and must provide to the
Comptroller of Stamps such particulars of the
transfer as the Comptroller requires.
(3) If any corporation company or society contravenes
or fails to observe any of the provisions of this
section that corporation company or society shall
be guilty of an offence and for every such offence
be liable to a penalty of not more than 10 penalty
units.
S. 60F(2A)
inserted by
No. 44/1994
s. 8(2).
S. 60F(3)
amended by
No. 9662
s. 23(s).
(4) The right or title of any transferee or subsequent
holder of any marketable security or right in
respect of shares shall not be invalidated by reason
only that the transfer of such security or right was
registered recorded or entered in contravention of
the provisions of this section in the books of any
corporation company or society.
(4C) Duty on Transactions on Branch and other Registers
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92
Pt 2 Div. 3
Subdiv. (4C)
(Heading and
ss 60G, 60H)
inserted by
No. 7830
s. 5(1),
amended by
No. 10256
s. 7(2).
Stamps Act 1958
Act No. 6375/1958
s. 60G
S. 60G
inserted by
No. 7830
s. 5(1).
60G. Definitions5
S. 60G(1)
amended by
Nos 9699
s. 23, 10067
s. 4(e), 10256
s. 7(3)(a)(b),
119/1994
s. 33(9)(d),
repealed by
No. 27/1995
s. 7(1).
*
S. 60G(2)
amended by
No. 10067
s. 4(f).
S. 60H
inserted by
No. 7830
s. 5(1).
*
*
*
*
(2) The Governor in Council may by proclamation
published in the Government Gazette proclaim a
State or Territory of the Commonwealth or any
country to be a proclaimed State Territory or
country for the purposes of this subdivision and
may by a like proclamation amend, vary or revoke
any such proclamation.
60H. Returns to be lodged by companies
(1) 6A company incorporated or taken to be
incorporated in Victoria must, not later than the
14th day of each month, lodge a return containing
such particulars and information as is prescribed
in respect of all entries made in the preceding
month on a register kept by the company, whether
within or outside the State, for a transfer,
including an SCH-regulated transfer, of a
marketable security if—
S. 60H(1)
amended by
No. 9699 s. 23,
substituted by
No. 10256
s. 7(4),
amended by
No. 119/1994
s. 33(9)(e),
substituted by
No. 27/1995
s. 7(2).
(a) there is an instrument of transfer and the
instrument is not duly stamped and is not
exempt from duty; or
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Stamps Act 1958
Act No. 6375/1958
s. 60H
(b) the transfer is an SCH-regulated transfer and
the duty payable under this Act on the
transfer has not been paid.
(2) A company that is required to lodge a return under
sub-section (1) shall furnish the Comptroller with
such other evidence and information as he may in
any case require to enable him to verify the
correctness of the duty paid on the return.
(3) Every such return shall be liable to the same duty
as would, in aggregate, have been payable under
Heading IV(A) in the Third Schedule if the
transfers to which the entries relate were transfers
executed in Victoria of shares on a register situate
in Victoria.
(3A) Where duty has already been paid under this Act
on a transfer with respect to which a return has
been lodged under this section an amount equal to
the amount of duty already paid on the transfer
shall not be chargeable on the return.
S. 60H(3A)
inserted by
No. 9502
s. 3(5).
(4) The duty chargeable on a return lodged in
accordance with this section shall be payable by
the company which lodges the return under subsection (1) on the lodging of the return and shall
be denoted on the return in the prescribed manner.
(5) A payment by a company of duty under this
subdivision shall be deemed to be a payment on
behalf of the transferees to whom the entries in the
return relate and the amount of duty attributable to
any entry may be deducted by the company from
any money payable by the company to such
transferee or recovered by suit or action from such
transferee as a debt.
(6) A company which—
(a) neglects or fails to lodge a return as required
by this section;
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94
S. 60H(6)
amended by
No. 9662
s. 23(t)(i).
Stamps Act 1958
Act No. 6375/1958
s. 60H
(b) lodges a return which is false in any material
particular; or
(c) lodges a return which is not accompanied by
the duty chargeable under this subdivision—
shall be liable to a penalty of not more than 10
penalty units and by way of further penalty in
addition to the penalty so imposed shall be liable
to pay an amount equivalent to double the duty
which would have been payable had a return been
lodged in accordance with the provisions of this
subdivision.
S. 60H(7)
amended by
No. 10256
s. 7(5).
(7) A company shall at all reasonable times permit the
Comptroller or any inspector or other officer
authorized by him to enter on premises to inspect
and take copies of papers records and documents
for or relating to the entries made in a register of
the company not kept in Victoria or in a
proclaimed State or Territory of the
Commonwealth or within any other proclaimed
country.
S. 60H(8)
amended by
No. 9662
s. 23(t)(ii).
(8) A company or any director or employé of such
company who fails or refuses to comply with any
of the provisions of sub-section (7) shall be liable
to a penalty not exceeding 10 penalty units for
every offence.
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95
Stamps Act 1958
Act No. 6375/1958
s. 60J
(5) Duty on sales and purchases by futures members
*
*
*
*
*
60J. Application of subdivision
This subdivision applies to a sale or purchase of
marketable securities or rights in respect of shares
if the sale or purchase—
Pt 2 Div. 3
Subdiv. (5)
(Heading and
ss 61, 62)
repealed by
No. 9662
s. 19(j), new
Pt 2 Div. 3
Subdiv. (5)
(Heading and
ss 60I–60L)
inserted by
No. 65/1988
s. 5, amended
by No.
S.
60I
31/1997
inserted
s. 18. by
No. 65/1988
s. 5 amended
by No.
44/1994 s.
8(3), repealed
by No.
101/1995
s. 41.
S. 60J
inserted by
No. 65/1988
s. 5.
(a) is made by or on behalf of a futures member
in the capacity of a futures member; and
(b) is of securities or rights relating to a futures
contract.
60K. Sales and purchases by futures members
(1) If a sale or purchase of marketable securities or
rights in respect of shares to which this
subdivision applies is made by or on behalf of a
futures member, the futures member must
forthwith make a record (separately from any
other records made by the member) of the sale or
purchase showing—
(a) the date of the sale or purchase; and
AB-26/5/98
96
S. 60K
inserted by
No. 65/1988
s. 5.
Stamps Act 1958
Act No. 6375/1958
s. 60L
(b) the name of the dealer by whom the sale or
purchase was effected; and
(c) the quantity and full description of the
marketable security or right in respect of
shares sold or purchased; and
(d) the purchase or selling price of the
marketable security or right in respect of
shares per unit and in total; and
(e) in the case of a sale, the date upon which the
marketable security or right in respect of
shares was purchased.
(2) The Comptroller of Stamps by notice in writing
given to a futures member may require the
member to make such other records of the sale or
purchase of marketable securities or rights in
respect of shares as the Comptroller determines
and specifies in the notice.
S. 60K(3)
amended by
No. 42/1996
s. 25.
(3) A futures member—
(a) must comply with a requirement under subsection (2); and
(b) must keep each record made by the member
under sub-section (1) or (2) for at least three
years.
Penalty:
10 penalty units.
(4) A futures member must permit the Comptroller of
Stamps or an inspector or officer authorised by the
Comptroller at all reasonable times to enter
premises to inspect books relating to the sale or
purchase of marketable securities or rights in
respect of shares.
Penalty:
S. 60L
inserted by
No. 65/1988
s. 5.
10 penalty units.
60L. Returns by futures members
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97
Stamps Act 1958
Act No. 6375/1958
(1) A futures member must, not later than the 7th day
of each month—
(a) lodge with the Comptroller of Stamps a
return in the prescribed form of sales and
purchases to which this subdivision
applies—
(i) made for hedging purposes; and
(ii) of a type in respect of which futures
contracts are traded or the price of
which is included in the calculation of
an index in respect of which futures
contracts are traded—
being—
(iii) sales by or on behalf of the futures
member during the preceding month of
marketable securities or rights in
respect of shares purchased by or on
behalf of the member in the capacity of
a futures member more than 3 months
before the sale; and
(iv) purchases by or on behalf of the futures
member in the capacity of a futures
member of marketable securities or
rights in respect of shares which, during
the preceding month, have been held
for more than 3 months after their
purchase; and
(b) pay to the Comptroller as stamp duty in
respect of the sales and purchases referred to
in the return an amount calculated on the
consideration for each sale and purchase at
the rate of 14·75 cents for every $100 or part
of $100 of the sale or purchase price.
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98
S. 60L(1)
substituted by
No. 101/1995
s. 42(1).
Stamps Act 1958
Act No. 6375/1958
s. 62F
60L
(2) A futures member is not required to lodge a return
under sub-section (1) in respect of a month if subsection (1)(a) does not apply to the futures
member in respect of that month.
S. 60L(2)
substituted by
No. 101/1995
s. 42(1).
(3) A futures member is not required to pay stamp
duty under sub-section (1) in respect of sales or
purchases of marketable securities or rights in
respect of shares of a kind referred to in section
60B(4).
(4) A futures member who fails to lodge a return in
accordance with sub-section (1), or lodges a return
that is false in any material particular, is liable to a
penalty not exceeding 10 penalty units and in
addition is liable to pay an amount equivalent to
twice the amount of duty that would have been
payable if the return had been lodged in
accordance with this section.
(5) A futures member who fails to pay duty on a
return under this section is liable to a penalty of
not more than 10 penalty units and in addition is
liable to pay an amount equivalent to twice the
amount of duty payable in accordance with this
section.
Ss 61, 62
repealed by
No. 9662
s. 19(j).
Pt 2 Div. 3
Subdiv. (5B)
(Heading and
ss 62F–62J)
inserted by
No. 86/1997
s. 17.
S. 62F
inserted by
No. 86/1997
s. 17.
*
*
*
*
(5B) Takeovers of Victorian public companies
62F. Definitions
(1) In this subdivision—
"capital reduction" means—
AB-26/5/98
99
*
Stamps Act 1958
Act No. 6375/1958
s. 62G
(a) the redemption, surrender or
cancellation of a share (including
cancellation as part of a buy-back of
shares in accordance with Division 4B
of Part 2.4 of the Corporations Law); or
(b) a reduction in the paid up value of a
share;
"company" means a Victorian registered
company that is a public company within the
meaning of section 9 of the Corporations
Law;
"related persons" means persons who are related
for the purposes of subdivision (7)7;
"rights alteration", in relation to voting shares,
means a variation, an abrogation or an
alteration of rights relating to the shares;
"voting share" has the same meaning as in
section 9 of the Corporations Law.
(2) For the purposes of this subdivision, if voting
shares acquired by related persons severally do
not, but taken in the aggregate would, confer an
entitlement to which this subdivision applies, the
voting shares acquired by the related persons are
deemed to be aggregated and to confer the
entitlement on the related person who last
acquired any of those voting shares.
(3) If, by sub-section (2), an entitlement to voting
shares is deemed to exist as the aggregate of
voting shares of related persons, the related
persons are jointly and severally liable for
payment of the duty chargeable on the statement
required to be lodged under this subdivision.
62G. Statement on entitlement to voting shares
(1) If—
AB-26/5/98
100
S. 62G
inserted by
No. 86/1997
s. 17.
Stamps Act 1958
Act No. 6375/1958
s. 62H
(a) a person becomes entitled to at least 50% of
the voting shares of a company by means of
capital reduction or rights alteration or both;
or
(b) a person who is entitled to at least 50% of
the voting shares of a company becomes
entitled to at least 10% more of the voting
shares over a period of not more than
12 months by means of capital reduction or
rights alteration or both—
the person must lodge a statement with the
Comptroller in respect of the entitlement.
(2) The statement must be lodged within 3 months
after the entitlement arises.
S. 62H
inserted by
No. 86/1997
s. 17.
62H. Form of statement
The statement required to be lodged under section
62G by a person is to be in a form approved by the
Comptroller and is to contain the following
information—
(a) the name and address of the person; and
(b) the name of the company; and
(c) the date on which each relevant capital
reduction or rights alteration occurred; and
(d) if the person's entitlement arose—
(i) from capital reduction, the total of the
unencumbered value, immediately
before each relevant capital reduction,
of the shares the subject of the capital
reduction; or
(ii) from rights alteration, the total of the
unencumbered value, immediately
before each relevant rights alteration, of
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101
Stamps Act 1958
Act No. 6375/1958
s. 62I
the shares the subject of the rights
alteration; or
(iii) from capital reduction and rights
alteration, the aggregate of the totals
under sub-paragraphs (i) and (ii); and
(e) the total consideration paid by the person in
relation to all relevant capital reductions or
rights alterations; and
(f) any other information required by the
Comptroller.
62I. Assessment and payment of duty
(1) A statement required to be lodged under section
62G by a person is chargeable with duty—
(a) in the case of a company whose shares are
quoted on the market operated by the
Australian Stock Exchange Limited, at the
rate of 30 cents for every $100, or part, of the
higher of—
(i) the total or aggregate obtained under
section 62H(d); and
(ii) the total obtained under section 62H(e);
(b) in the case of a company whose shares are
not quoted on the market operated by the
Australian Stock Exchange Limited, at the
rate of 60 cents for every $100, or part, of the
higher of—
(i) the total or aggregate obtained under
section 62H(d); and
(ii) the total obtained under section 62H(e).
(2) The duty with which the statement is chargeable
must be paid at the same time that the statement is
lodged with the Comptroller.
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102
S. 62I
inserted by
No. 86/1997
s. 17.
Stamps Act 1958
Act No. 6375/1958
s. 63
S. 62J
inserted by
No. 86/1997
s. 17.
62J. Offences relating to statements
A person must not—
(a) fail to lodge a statement under section 62G
within the period specified in that section; or
(b) lodge a statement that is false or misleading
in a material particular.
Penalty:
Nos 5204
ss 63–75,
6104 ss 16,
17.
Pt 2 Div. 3
Subdiv. (6)
(Heading and
ss 63–74A)
amended by
Nos 6739
ss 3,
4(a)(b)(i)(ii), 5,
6791 s. 8(a)(b),
6910 s. 4,
7317 ss 3, 4,
8157 s. 11(1),
9065 ss 2(1),
5, 9413 ss 7, 8,
9445 s. 2(1),
9612 s. 2(1)
substituted by
No. 9662 s. 7.
S. 63
substituted by
Nos 9662 s. 7,
9991 s. 8(1).
50 penalty units.
(6) Conveyance of Real Property and Land Transfer
63. Definitions
(1) In this subdivision and in the provisions of the
Third Schedule under Heading VI—
"conveyance" includes transfer;
"convey" includes transfer;
"real property" includes any estate or interest in
real property;
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103
Stamps Act 1958
Act No. 6375/1958
s. 63
"real property used for primary production"
means real property or property used
primarily for—
(a) cultivation for the purpose of selling the
produce of cultivation;
(b) the maintenance of animals or poultry
for the purpose of selling them or their
natural increase or bodily produce;
(c) the keeping of bees for the purpose of
selling their honey;
(d) commercial fishing, including the
preparation for commercial fishing or
the storage or preservation of fish or
fishing gear; or
(e) the cultivation or propagation for sale
of plants, seedlings, mushrooms or
orchids;
"relative", in relation to a natural person, means a
person who is—
(a) a child or remoter lineal descendant of
the person or of the spouse of the
person;
(b) a parent or remoter lineal ancestor of
the person or of the spouse of the
person;
(c) a brother or a sister of the person or of
the spouse of the person;
(d) the spouse of the person or a spouse of
any person referred to in paragraph (a),
(b) or (c).
(2) In this subdivision and in the provisions of the
Third Schedule under Heading VI, a reference to a
conveyance of real property includes a reference
AB-26/5/98
104
S. 63(1) def. of
"relative"
inserted by
No. 103/1993
s. 4(1).
Stamps Act 1958
Act No. 6375/1958
s. 63
to an instrument and to a decree or order of a court
or of the Registrar of Titles by which real property
is conveyed to or vested in a person.
S. 63(3)
amended by
No. 10118
s. 7(1)(a)(b).
(3) Except as otherwise provided in this Act—
S. 63(3)(a)
amended by
No. 10067
s. 5(1).
(a) a reference in this subdivision or in the
provisions of the Third Schedule under
Heading VI to real property or property
includes a reference to chattels not being
stock-in-trade held or used in connexion with
a business carried on or in connexion with
the real property—
S. 63(3)(a)(i)
amended by
No. 86/1997
s. 18(a)(i).
(i) that, by reason of the sale of or
agreement to transfer the real property
or property to the transferee, are sold or
transferred to the transferee or a person
who is related to the transferee (within
the meaning of section 75(3)); or
S. 63(3)(a)(ii)
amended by
No. 86/1997
s. 18(a)(ii).
(ii) the sale or transfer of which to the
transferee or any other person forms, in
the opinion of the Comptroller of
Stamps, substantially one transaction
with the conveyance of the real property
or property;
(b) a reference in this subdivision or in the
provisions of the Third Schedule under
Heading VI to the value of real property or
property is a reference—
(i) in relation to a conveyance on sale of
the real property or property—
(A) to the sum of the consideration for
the sale and the consideration for
the transfer of chattels included in
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105
Stamps Act 1958
Act No. 6375/1958
s. 63
the real property or property by
reason of paragraph (a); or
(B) to the sum of the amount for
which the real property or property
and the amount for which such
chattels might reasonably have
been sold if they had been sold,
free from encumbrances, in the
open market on the date of the
sale—
whichever is the greater; and
(ii) in any other case, to the sum of the
amount for which the real property or
property and the amount for which such
chattels might reasonably have been
sold if they had been sold, free from
encumbrances, in the open market on
the date of the conveyance, direction,
consent or application; and
(c) where the consideration for the sale of real
property or property includes an amount in
respect of the construction of a building to be
constructed on the real property or property,
a reference to the consideration for that sale
does not include a reference to that amount.
(3A) For the purposes of sub-section (3)(b), in
determining the amount for which real property,
property or chattels might reasonably have been
sold free from encumbrances, there must be
disregarded subject to sub-section (3B), any
interest, agreement or arrangement (other than an
encumbrance) granted or made in respect of the
real property, property or chattels, that has the
effect of reducing the value of the real property,
property or chattels.
AB-26/5/98
106
S. 63(3)(c)
inserted by
No. 10118
s. 7(1)(b).
S. 63(3A)
inserted by
No. 86/1997
s. 19.
Stamps Act 1958
Act No. 6375/1958
s. 63
S. 63(3B)
inserted by
No. 86/1997
s. 19.
S. 63(3C)
inserted by
No. 86/1997
s. 19.
(3B) An interest, agreement or arrangement referred to
in sub-section (3A) is not to be disregarded if the
Comptroller is satisfied that it was not granted or
made as a part of an arrangement or scheme with a
collateral purpose of reducing the stamp duty
otherwise payable on the conveyance of the real
property, property or chattels.
(3C) In considering whether or not he or she is satisfied
for the purposes of sub-section (3B), the
Comptroller may have regard to—
(a) the duration of the interest, agreement or
arrangement before the conveyance of the
real property, property or chattels; and
(b) whether the interest, agreement or
arrangement has been granted to or made
with an associate, a related corporation or a
trustee of the transferor or transferee; and
(c) whether there is any commercial efficacy to
the granting of the interest or the making of
the agreement or arrangement other than to
reduce stamp duty; and
(d) any other matters he or she considers
relevant.
(4) Notwithstanding sub-section (3) where—
(a) in connexion with a conveyance of real
property used for primary production, there
is a sale or transfer of stock, implements or
other chattels held or used in connexion with
the use of the real property for primary
production;
(b) the conveyance is lodged with the
Comptroller of Stamps for stamping together
with the prescribed form signed by or on
behalf of the transferor; and
AB-26/5/98
107
Stamps Act 1958
Act No. 6375/1958
s. 63A
(c) the Comptroller of Stamps is satisfied that
the real property is used for primary
production—
the value of the stock, implements and other
chattels shall be disregarded in ascertaining the
value of the real property within the meaning of
this subdivision.
(5) Nothing in this section requires—
(a) the value of chattels to be set forth in a
conveyance of real property or property; or
(b) the consideration set forth in a conveyance of
real property or property to include the value
of chattels included in the value of the real
property or property.
63A. Conveyance to be accompanied by statutory
declaration by transferor
(1) Where a conveyance of real property presented to
or lodged with the Comptroller of Stamps for
stamping is not accompanied by a statutory
declaration in the prescribed form by the
transferor, the Comptroller of Stamps may cause
an assessment to be made of the amount of stamp
duty payable on the conveyance, having regard to
the value of the real property within the meaning
of this subdivision on the basis that, in connexion
with the conveyance, chattels were sold or
transferred to the transferee.
(2) Notwithstanding section 67(3), the transferor shall
be jointly and severally liable with the transferee
for the amount of the duty assessed on a
conveyance under sub-section (1).
(3) Sub-section (1) does not apply where the
transferee satisfies the Comptroller of Stamps—
AB-26/5/98
108
S. 63A
inserted by
No. 9991
s. 9(1).
Stamps Act 1958
Act No. 6375/1958
s. 63B
(a) that, by reason of the conveyance of the real
property, no chattels were sold or transferred
to the transferee or another person in the
circumstances referred to in section 63(3)(a);
or
S. 63A(3)(a)
amended by
No. 86/1997
s. 18(b).
(b) that the amount of stamp duty paid on the
conveyance is the total amount payable.
(4) Where the transferor satisfies the Comptroller of
Stamps that he failed to make a statutory
declaration in the prescribed form and had good
reasons for so failing, sub-section (2) does not
apply.
S. 63B
inserted by
No. 119/1994
s. 23.
63B. Refurbished lots
S. 63B(1)
amended by
No. 10/1996
s. 22.
(1) A reference to the consideration for the sale of real
property that is a lot on a plan of subdivision
within the meaning of the Subdivision Act 1988
does not include a reference to an amount,
attributable exclusively to that lot, in respect of
refurbishment of that lot carried out on or after the
date on which the contract of sale of that lot was
entered into and before the date of the conveyance
of that lot to the transferee, if—
(a) the transferor is the first registered proprietor
with the meaning of the Transfer of Land
Act 1958 of that lot; and
(b) the conveyance of that lot to the transferee is
the first conveyance of the lot after
registration of the plan of subdivision; and
(c) the transferee has not entered into a contract
for refurbishment of the lot, other than in
respect of the refurbishment referred to
above, and
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Stamps Act 1958
Act No. 6375/1958
(d) the conveyance, when presented to or lodged
with, the Comptroller of Stamps, is
accompanied by—
(i) a copy of the building permit, or
building approval or permit; and
(ii) a copy of the contract with the
transferee for the refurbishment; and
(iii) a statutory declaration (whether
included in the declaration under
section 63A or in a separate document)
by the transferor as to the prescribed
matters and as to whether or not the
transferor has entered into any
agreement with the transferee in respect
of works (other than refurbishment) to
be undertaken in relation to the lot
before the conveyance; and
(iv) if the Comptroller of Stamps so
determines, a statutory declaration in
the prescribed form by the transferee
declaring that the transferee has not
entered into any contract, other than the
contract referred to in sub-paragraph
(ii), for the refurbishment of the lot; and
(v) if the Comptroller of Stamps so
determines, a statutory declaration in
the prescribed form by the person that
issued the building permit or building
approval or permit.
(2) In this section, "refurbishment" means building
work for which a building permit has been issued
under the Building Act 1993 or for which a
building approval or permit was granted under the
Building Control Act 1981, being work for the
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110
Stamps Act 1958
Act No. 6375/1958
s. 64A
64
conversion of an existing building for which such
a permit or approval is required.
S. 64
substituted by
No. 9662 s. 7.
64. A lease with covenant for future transfer to be deemed
a present transfer
(1) Any lease for which any consideration other than
the rent reserved is paid or agreed to be paid, and
in which any covenant or agreement for the future
conveyance or sale of the fee-simple on the
occurrence of any contingency whatsoever is
expressed or implied, shall be chargeable with
stamp duty as if it were a conveyance of the real
property the subject of the lease.
(2) A conveyance of real property pursuant to a
covenant or agreement included in a lease, being a
conveyance by the lessor to the lessee, in respect
of which stamp duty chargeable under sub-section
(1) has been paid is not chargeable with stamp
duty under this subdivision or Heading VI of the
Third Schedule.
S. 64A
inserted by
No. 10256
s. 9(1).
64A. Statement on transfer to trustee as beneficial owner
(1) Where—
(a) real property is vested in a person as trustee;
and
(b) the beneficial interest in the real property is
transferred to that person—
that person shall not later than 14 days after the
transfer—
(c) furnish to the Comptroller of Stamps a
statement in the prescribed form
accompanied by a statutory declaration
setting out the prescribed particulars of the
transfer; and
(d) pay to the Comptroller of Stamps as stamp
duty on the statement a sum equal to the
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Stamps Act 1958
Act No. 6375/1958
amount of stamp duty that would have been
payable if an instrument for the conveyance
of the real property to the person as
beneficial owner had been executed.
(2) Where—
(a) real property is vested in a person; and
(b) the person enters into an agreement for the
disposal of the real property to another
person as trustee; and
(c) before any instrument for the conveyance of
the real property to the other person is
executed, the first-mentioned person is
appointed trustee in place of the other
person; and
(d) if an instrument for the conveyance of the
real property to the other person had been
executed it would have been dutiable—
the first-mentioned person shall, not later than
14 days after being appointed trustee in place of
the other person—
(e) furnish to the Comptroller of Stamps a
statement in the prescribed form
accompanied by a statutory declaration
setting out the prescribed particulars of the
agreement for the disposal of the real
property; and
(f) pay to the Comptroller of Stamps as stamp
duty on the statement a sum equal to the
amount of stamp duty that would have been
payable if an instrument for the conveyance
of the real property to the other person had
been executed.
(3) Where—
(a) real property is vested in a person; and
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112
s. 64A
Stamps Act 1958
Act No. 6375/1958
s. 64B
(b) that person is a trustee of a trust; and
(c) the real property becomes an asset of the
trust—
the person shall, not later than 14 days after the
real property becomes an asset of the trust—
(d) furnish to the Comptroller of Stamps a
statement in the prescribed form
accompanied by a statutory declaration
setting out the prescribed particulars; and
(e) pay to the Comptroller of Stamps as stamp
duty on the statement a sum equal to the
amount of stamp duty that would have been
payable if the real property had been
conveyed by an instrument of conveyance to
the person as trustee of the trust by another
person.
(4) The payment of the duty on a statement under subsection (1), (2) or (3) shall be denoted on the
statement by an impressed stamp.
S. 64B
inserted by
No. 86/1997
s. 20.
64B. Statement on change of beneficial ownership
(1) A person who is a party to a transaction entered
into on or after 10 October 1997 that—
(a) causes or results in a change in the beneficial
ownership of real property; and
(b) is not effected or evidenced by an instrument
chargeable with ad valorem duty under
Heading VI of the Third Schedule—
must, if the person would have been liable to pay
such duty had such an instrument been executed,
lodge with the Comptroller a statement in respect
of the transaction in a form approved by the
Comptroller.
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113
Stamps Act 1958
Act No. 6375/1958
(2) A person referred to in sub-section (1) must pay to
the Comptroller as stamp duty on the statement
referred to in that sub-section a sum equal to the
amount of stamp duty that would have been
payable if an instrument for the conveyance of the
real property to the person as beneficial owner had
been executed.
(3) A statement must be lodged under sub-section (1)
and duty paid under sub-section (2) within 3
months after the day on which the change in
beneficial ownership took place.
(4) An instrument executed for the purpose of
effecting or evidencing a transaction referred to in
sub-section (1) in respect of which a statement has
been duly lodged is not chargeable with stamp
duty under this Act to the extent to which duty has
been paid on the statement.
(5) The payment of duty on a statement referred to in
sub-section (1) is to be denoted on the statement
by an impressed stamp.
(6) A person must not—
(a) fail to lodge a statement in accordance with
this section; or
(b) lodge a statement that, to the person's
knowledge, is false or misleading in a
material particular.
Penalty:
500 penalty units in the case of a body
corporate;
100 penalty units in any other case.
(7) For the purposes of section 68, a statement under
this section is to be taken to be an instrument of
conveyance of the real property to which the
statement relates.
AB-26/5/98
114
s. 64B
Stamps Act 1958
Act No. 6375/1958
s. 65
(8) A reference in this section to a transaction that
causes or results in a change in the beneficial
ownership of real property includes a reference to
the enlargement of a term into a fee-simple under
section 153 of the Property Law Act 1958.
(9) This section does not apply to a change in
beneficial ownership of real property that is
caused by or results from—
(a) a body corporate becoming an externallyadministered body corporate (within the
meaning of the Corporations Law); or
(b) the conveyance of any estate or interest in
real property as a security, including the
charging of real property; or
(c) the vesting of real property in an executor or
administrator of a deceased person; or
(d) the issue, transfer, redemption or
cancellation of units in a unit trust scheme;
or
(e) any of the circumstances referred to in
section 64A.
S. 65
substituted by
No. 9662 s. 7.
65. Assignment of interest under will etc. deemed
conveyance on sale
S. 65(1)
amended by
No. 65/1988
s. 21(1)(a).
(1) Every instrument by which the right or interest of
any person—
(a) under the will or codicil of any deceased
person disposing of any real property; or
(b) in or under the estate of any deceased person
comprising any real property—
is transferred or assigned or agreed to be
transferred or assigned (otherwise than by way of
security) shall, notwithstanding that such will
codicil or estate has not been fully administered,
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115
Stamps Act 1958
Act No. 6375/1958
s. 66
be chargeable as a conveyance of the real property
in respect of which that right or interest is
transferred or assigned or agreed to be transferred
or assigned.
(2) Where a conveyance of real property is executed
in respect of which a right or interest referred to in
sub-section (1) was transferred or assigned or
agreed to be transferred or assigned to a person (in
this sub-section called "the transferee") (otherwise
than by way of security) and stamp duty has been
paid on the transfer or assignment of or agreement
to transfer or assign that right or interest in
accordance with sub-section (1), the conveyance
of that real property to the transferee shall not be
chargeable with stamp duty under this subdivision
or Heading VI of the Third Schedule.
66. Transfer of Crown leasehold deemed conveyance or
transfer of real property
S. 66
substituted by
No. 9662 s. 7.
(1) Every instrument by which the right title or
interest of any lessee in any Crown leasehold is
transferred or assigned shall be chargeable with
stamp duty as if it were a conveyance of the real
property the subject of the lease.
(2) For the purposes of sub-section (1) "Crown
leasehold" means any lease under the Closer
Settlement Act 1938 or any corresponding
previous enactment or the Land Act 1958 or any
other Act or enactment in respect of which a
Crown grant in fee-simple is by law directed or
authorized to be made to the lessee upon payment
of all sums (whether referred to as rent or
otherwise) reserved thereby and upon compliance
with the other covenants of the lease.
67. Conveyance giving effect to more than one sale
AB-26/5/98
116
S. 67
substituted by
No. 9662 s. 7.
Stamps Act 1958
Act No. 6375/1958
s. 67A
(1) Where a conveyance of real property gives effect
both to a sale to an original purchaser and a
subsequent sale to a sub-purchaser who satisfies
the Comptroller that he intends to occupy or to
erect a dwelling-house on that real property as his
principal place of residence it shall be sufficient
for the purposes of this subdivision, without
affecting the liability of the original purchaser to
pay duty, that the conveyance be stamped with the
duty payable by the sub-purchaser.
(2) Every party to a conveyance and every person
employed or concerned in or about the preparation
of any conveyance shall fully and truly set forth in
precise terms in such conveyance—
(a) the consideration moving from the original
purchaser; and
(b) the consideration moving from any subpurchaser or sub-purchasers who are or who
at any time have been interested in the real
property the subject-matter of the said
conveyance or any part or parts thereof.
Penalty:
S. 67(3)
inserted by
No. 9725 s. 3.
S. 67A
inserted by
No. 119/1994
s. 24.
10 penalty units or imprisonment for
three months.
(3) The duty payable on a conveyance of real property
shall be borne by the transferee and any contract
or agreement under which he seeks to relieve
himself from liability for that payment is
ineffective to relieve him from that liability or to
impose upon any other person any liability for that
payment or any obligation to reimburse the
transferee or to indemnify him or keep him
indemnified against the payment of the whole or
any part of the duty.
67A. Duty in respect of 2 or more transactions8
(1) If—
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117
Stamps Act 1958
Act No. 6375/1958
(a) a person ("the vendor") agrees to transfer
any real property ("the agreement") to
another person ("the first purchaser")
(whether or not the agreement provides for
that other person to nominate another person
as purchaser); and
(b) the conveyance of the real property executed
by the vendor conveys the whole or any part
of the real property not to the first purchaser
but to another person ("the transferee")
who has acquired, whether directly or
indirectly, the whole or any part of the rights
and interest under the agreement of the first
purchaser in the real property—
the conveyance shall not be charged with duty in
respect of the transfer from the vendor to the
transferee but shall be separately and distinctly
charged with duty in respect of—
(c) the value of the real property in the
agreement (whether or not the agreement has
been discharged by performance, novation or
agreement or has otherwise ceased to exist);
and
(d) the value of the real property conveyed to the
transferee; and
(e) if the transferee did not acquire those rights
and interest directly from the first purchaser,
the value of the real property in each other
transaction or agreement as a result of which
the rights and interest of the first purchaser in
the real property were acquired.
(2) For the purposes of sub-section (1), the value of
the real property is—
AB-26/5/98
118
s. 67A
Stamps Act 1958
Act No. 6375/1958
(a) if there was a consideration for the
agreement or transaction in respect of which
duty is chargeable—
(i) that consideration; or
(ii) the amount for which the real property
might reasonably have been sold if it
had been sold, free from encumbrances,
in the open market on the date of the
agreement or transaction in respect of
which duty is chargeable—
whichever is the greater; and
(b) in any other case, the amount for which the
real property might reasonably have been
sold, free from encumbrances, in the open
market on the date of the agreement or
transaction in respect of which duty is
chargeable.
(3) A conveyance referred to in sub-section (1) is not
required to be separately and distinctly charged
with duty in accordance with that sub-section if—
(a) the agreement was entered into by the first
purchaser—
(i) as agent for another person and with the
authority in writing of the transferee to
enter into the transaction on behalf of
the transferee; or
(ii) in anticipation of the incorporation of
the transferee and, at the time of the
transfer, the first purchaser or a relative
of the first purchaser holds a bona fide
beneficial interest in the transferee or in
a holding company (within the meaning
of the Corporations Law) of the
transferee; or
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119
Stamps Act 1958
Act No. 6375/1958
(iii) as trustee for the transferee under a trust
recorded in writing on or before the
entering into of the agreement; or
(b) the transferee is a body corporate and the
first purchaser was a director of the body
corporate when the agreement was entered
into; or
(c) the transferee is a relative of the first
purchaser; or
(d) the first purchaser was a related corporation
of the transferee when the agreement was
entered into; or
(e) a conveyance executed in respect of the
agreement would be exempt from duty under
another provision of this Act.
(4) Duty charged under sub-section (1)(c), (d) or (e) in
relation to an agreement or transaction is payable
by the person acquiring rights or an interest under
the agreement or transaction.
(5) A transferee who pays duty in respect of a
transaction or agreement payable under this
section by another person, may recover the
amount of that duty as a debt due to the transferee
from the person.
(6) For the purposes of this section but without
limiting the ways in which a person may be taken
to acquire the rights and interest of another person
in real property, a person who has rights or an
interest in real property ("the first person")
acquires the rights and interest of another person
("the second person") in that real property if, as
a direct or indirect result of an agreement,
arrangement or understanding involving those
persons (with or without other persons)—
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120
s. 67A
Stamps Act 1958
Act No. 6375/1958
s. 67A
(a) the second person acquires rights or an
interest in the real property; and
S. 67A(6)(b)
amended by
No. 27/1995
s. 8.
(b) the rights or interest of the first person in the
real property are increased.
(7) In this section—
"relative", in relation to a natural person, means a
person who is—
(a) a child or remoter lineal descendant of
the person or of a spouse of the person;
(b) a parent or remoter lineal ancestor of
the person or of a spouse of the person;
(c) a brother or sister of the person or of
the spouse of the person;
(d) a brother or sister of a parent of the
person or of a parent of the spouse of
the person;
(e) a child of a brother or sister of the
person or of the spouse of the person;
(f) a child of a brother or sister of a parent
of the person or of a parent of the
spouse of the person;
(g) the spouse of the person or a spouse of
any person referred to in paragraph (a)
to (f);
S. 67A(7) def.
of "spouse"
inserted by
No. 31/1997
s. 16(1).
"spouse" includes de facto spouse.
S. 67A(8)
inserted by
No. 31/1997
s. 16(2).
(8) This section as in force immediately before the
commencement of section 16(1) of the State
Taxation Acts (Amendment) Act 1997 applies to
a transfer executed on or after that commencement
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121
Stamps Act 1958
Act No. 6375/1958
s. 68
in pursuance of an agreement entered into before
that commencement.
68. Conveyances as a result of single transaction
(1) Subject to sub-sections (3), (4) and (6), if there are
two or more instruments of conveyance of real
property—
(a) that arise from a single agreement (whenever
made) to convey real property; or
(b) that together form, or arise from,
substantially one transaction or one series of
transactions—
the instruments are chargeable with ad valorem
duty—
(c) calculated on the sum of the amounts by
reference to which ad valorem duty on each
of the instruments would, but for this section,
have been calculated; and
(d) apportioned between the instruments as
determined by the Comptroller of Stamps.
(2) If a person conveys a real property by two or more
instruments of conveyance that were, or appear to
have been, executed within 12 months of each
other to the same person (whether alone or with
the same or different persons), it shall be
presumed, unless the Comptroller of Stamps is
satisfied to the contrary, that the instruments arose
from one transaction or one series of transactions.
(3) Sub-section (1) does not apply to two or more
instruments of conveyance of real property if—
(a) where interests in the real property are
conveyed by separate instruments to different
transferees—the Comptroller of Stamps is
satisfied—
AB-26/5/98
122
S. 68
substituted by
Nos 9662 s. 7,
88/1986
s. 13(1).
Stamps Act 1958
Act No. 6375/1958
s. 68
(i) that there is not an arrangement or
understanding between any of those
transferees under which the interests are
to be used otherwise than separately
and independently from each other; and
(ii) that the instruments arise from two or
more agreements to convey real
property made independently of each
other; and
(iii) none of those transferees entered into
any of those agreements conditionally
on the making of any other of those
agreements; or
(b) the real property is conveyed in separate
parcels by separate instruments.
(4) For the purposes of calculating the ad valorem
duty on two or more instruments of conveyance of
real property to which sub-section (1) applies, an
instrument shall be disregarded if the transferee
under it was not a party to any arrangement or
understanding under which interests in the real
property were to be used otherwise than separately
and independently from each other.
(5) For the purposes of sub-section (3), the
Comptroller of Stamps shall be deemed to be
satisfied that the circumstances referred to in subsection (3)(a)(i)(ii) and (iii) apply in respect of an
instrument of conveyance if the transferee under
that instrument gives to the Comptroller a
statutory declaration declaring that those
circumstances apply.
(6) If, under sub-section (1), two or more instruments
of conveyance of real property are chargeable with
ad valorem duty and there is a period of more than
12 months between the dates when the first and
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123
Stamps Act 1958
Act No. 6375/1958
s. 69
last of those instruments become so chargeable,
sub-section (1) applies so as to make chargeable
with ad valorem duty calculated in accordance
with sub-section (1)—
(a) the instruments that become so chargeable
within the period of 12 months after the first
instrument becomes so chargeable; and
(b) the instruments that become so chargeable in
each succeeding period of 12 months.
(7) The transferee under an instrument of conveyance
in respect of which sub-section (1) applies must
cause to be disclosed in writing to the Comptroller
of Stamps, at or before the time at which the
instrument is submitted to the Comptroller for
stamping, details known to the transferee of the
total consideration given or to be given and the
whole of the real property included or to be
included in the transaction or series of transactions
in connexion with which the instrument is
executed.
Penalty:
10 penalty units.
69. Instruments executed in order to evade duty
absolutely void
S. 69
substituted by
No. 9662 s. 7.
Every instrument executed in order either directly
or indirectly to avoid or evade the payment of any
stamp duty chargeable on a conveyance of real
property or part of any such duty is void except
after conveyance of the real property to third
parties, and then only when that instrument has
been duly stamped as a conveyance of real
property under this Act.
70. Duty on conveyance to be denoted by impressed stamp
The duty upon any conveyance shall be paid to the
Comptroller of Stamps and denoted by an
impressed stamp.
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124
S. 70
substituted by
No. 9662 s. 7.
Stamps Act 1958
Act No. 6375/1958
s. 71
S. 71
substituted by
No. 9662 s. 7,
amended by
Nos 9726
s. 2(a),
65/1988
s. 21(1)(b),
repealed by
No. 27/1995
s. 9(a),
new s. 71
inserted by
No. 86/1997
s. 21.
S.
71(1)
amended by
No. 48/1998
s. 11(a)(i).
71. Family farm exemption
(1) This section applies to an instrument of
conveyance executed on or after 2 December 1997
of real property that is land referred to in section
9(1)(ga), (h) or (ha) of the Land Tax Act 1958
if—
(a) the transferor of the property is a natural
person or a trustee for a natural person; and
(b) the transferee of the property is—
(i) a relative of the natural person referred
to in paragraph (a); or
(ii) a trustee under a fixed trust, the
beneficiaries of which are limited to—
(A) a present or future relative of the
natural person referred to in
paragraph (a); or
(B) a charitable institution; or
(C) a present or future relative of the
natural person referred to in
paragraph (a) and a charitable
institution; or
(D) a present or future relative of the
natural person referred to in
paragraph (a) and the natural
person referred to in paragraph
(a); or
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125
Stamps Act 1958
Act No. 6375/1958
s. 71
(E) a charitable institution and the
natural person referred to in
paragraph (a); or
(F) a present or future relative of the
natural person referred to in
paragraph (a), the natural person
referred to in paragraph (a) and a
charitable institution; or
(iii) a trustee under a discretionary trust the
terms of which do not allow the
distribution of the whole or any part of
the capital of the trust that comprises
land referred to in section 9(1)(ga), (h)
or (ha) of the Land Tax Act 1958 to
any person or body other than a person
or body referred to in sub-paragraph
(ii).
(2) The transferee under an instrument to which this
section applies may apply to the Comptroller in
the form approved by the Comptroller containing
the particulars required by the Comptroller for an
exemption from the stamp duty otherwise payable
on the instrument under Heading VI of the Third
Schedule.
(3) A person must not, in connection with an
application under sub-section (2), make a
statement that the person knows is false or
misleading in a material particular.
Penalty:
100 penalty units.
(4) On an application under sub-section (2), the
Comptroller must exempt the instrument from
duty if the Comptroller is satisfied that—
(a) the instrument is an instrument to which this
section applies; and
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126
S. 71(1)(b)(iii)
substituted by
No. 48/1998
s. 11(a)(ii).
Stamps Act 1958
Act No. 6375/1958
(b) the conveyance does not arise from
arrangements or a scheme devised for the
principal purpose of taking advantage of the
benefit of this section.
S. 71(5)–(15)
repealed by
No. 48/1998
s. 11(b).
*
*
*
*
*
*
*
*
(16) In this section—
S. 71(16) def.
of "business
of primary
production"
repealed by
No. 48/1998
s. 11(c).
*
*
"charitable institution" means a corporation or
body of persons associated for charitable
purposes;
"discretionary trust" means a trust under which
the vesting of the whole or any part of the
trust property—
(a) is required to be determined by a person
either in respect of the identity of the
beneficiaries or the quantum of interest
to be taken or both; or
(b) will occur in the event that a discretion
conferred under the trust is not
exercised;
"fixed trust" means a trust under which the
identity of the beneficiaries and the quantum
of their interests are ascertained;
"relative", in relation to a natural person, in
addition to its meaning in section 63,
includes—
AB-26/5/98
127
Stamps Act 1958
Act No. 6375/1958
s. 71A
(a) a child of a brother or sister of the
person; and
(b) a child of a brother or sister of the
person's spouse;
*
*
*
*
*
71A. Exemptions and rebates on purchase of first dwelling
*
*
*
*
*
(3B) A person is, or two or more persons together are,
an eligible person for the purposes of this section
in relation to a conveyance of real property if the
Comptroller of Stamps is satisfied—
(a) that the person, or each of the persons, is an
eligible beneficiary within the meaning of
the State Concessions Act 1986; and
S. 71(16) def.
of "single
farming
enterprise"
repealed by
No. 48/1998
s. 11(c).
S. 71A
inserted by
No. 9726 s. 3.
S. 71A(1)–(3A)
repealed.9
S. 71A(3B)
inserted by
No. 10256
s. 10(1).
S. 71A(3B)(a)
substituted by
No. 109/1986
s. 6.
(b) that the person is, or the persons are, bona
fide purchasers of the real property for
adequate consideration; and
(c) that the value of the real property does not
exceed $100 000; and
(d) that the person intends or the persons intend
to reside in a dwelling on the real property as
a principal place of residence; and
(e) that the person has not, or none of the
persons has, received a refund or rebate in
AB-26/5/98
128
S. 71A(3B)(c)
amended by
No. 10/1996
s. 23(1)(a).
Stamps Act 1958
Act No. 6375/1958
s. 71A
respect of a conveyance by reason of being
an eligible person under this sub-section.
S. 71A(4)
amended by
No. 9991
s. 10(2)(a).
(4) Where, in relation to an instrument of conveyance
of real property on which at the date the
conveyance was made, there was a dwelling—
(a) the transferee is an eligible person for the
purposes of this section; and
S. 71A(4)(b)
amended by
No. 10/1996
s. 23(1)(b).
(b) the value of the real property does not exceed
$70 000—
the transferee may make application in writing to
the Comptroller of Stamps for an exemption from
stamp duty payable on the conveyance.
S. 71A(5)
amended by
No. 9991
s. 10(2)(b),
27/1995
s. 9(c),
10/1996
s. 23(1)(c)(ii).
(5) Where, in relation to an instrument of conveyance
of real property on which at the date the
conveyance is made there was a dwelling—
(a) the transferee is an eligible person for the
purposes of this section; and
(b) the value of the real property exceeds
$70 000 but does not exceed $100 000—
the transferee may make application in writing to
the Comptroller of Stamps for a rebate of stamp
duty payable on the conveyance of an amount
calculated in accordance with the formula—
148 (100 000 − P)
3000
where P is the value of the real property.
S. 71A(6)
amended by
No. 9991
s. 10(2)(c).
(6) Where, in relation to an instrument of conveyance
of real property on which at the date on which the
conveyance is made there was not a dwelling but
on which at the date of application to the
Comptroller of Stamps under this section there is a
dwelling—
AB-26/5/98
129
Stamps Act 1958
Act No. 6375/1958
s. 71A
(a) the transferee is an eligible person for the
purposes of this section; and
(b) the aggregate of the value of the real property
at the time the conveyance was made and the
cost of the construction of the dwelling does
not exceed $70 000—
S. 71A(6)(b)
amended by
No. 10/1996
s. 23(1)(d).
the transferee may make application in writing to
the Comptroller of Stamps for a refund of the
stamp duty paid on the conveyance.
(7) Where, in relation to an instrument of conveyance
of real property on which at the time the
conveyance was made there was not a dwelling
but on which at the date of the application to the
Comptroller of Stamps under this section there is a
dwelling—
(a) the transferee is an eligible person for the
purposes of this section; and
(b) the aggregate of the value of the real property
at the time the conveyance was made and the
cost of the construction of the dwelling
exceeds $70 000 but does not exceed
$100 000—
the transferee may make application in writing to
the Comptroller of Stamps for an amount, by way
of refund of or exemption from stamp duty paid or
payable on the conveyance, calculated in
accordance with the formula—
SD ×
37(100 000 − P )
5(3P − 25000)
where—
(c) SD is the amount of stamp duty paid or
payable (but for this sub-section) on the
instrument of conveyance;
AB-26/5/98
130
S. 71A(7)
amended by
Nos 9991
s. 10(2)(d),
27/1995
s. 9(d),
substituted by
No. 10/1996
s. 23(2).
Stamps Act 1958
Act No. 6375/1958
s. 71A
(d) P is the amount that is the aggregate of the
value of the real property at the time the
conveyance was made and the cost of the
construction of the dwelling.
S. 71A(8)–(9)
repealed.10
*
*
*
*
*
(10) An application under this section shall be
accompanied by a statutory declaration by the
applicant verifying the statements in the
application.
(11) Where an application is made under this section,
the Comptroller of Stamps, shall, if he is satisfied
that the applicant is entitled to an exemption from,
or a rebate or refund of, stamp duty under this
section, grant the exemption or rebate, or make the
refund accordingly.
(12) A person shall not, in connexion with an
application under this section make a statement
that, to his knowledge, is false or misleading in a
material particular.
Penalty:
10 penalty units or imprisonment for
six months or both.
(13) Where a person is convicted of an offence against
sub-section (12), the person is liable, by way of
further penalty, to pay an amount equal to double
the amount of duty that, but for the offence, would
have been payable, less any amount of duty that he
did pay.
AB-26/5/98
131
Stamps Act 1958
Act No. 6375/1958
s. 71B
*
*
*
*
*
*
*
*
*
*
S. 71A(14)
inserted by
No. 88/1986
s. 14, repealed
by No.
27/1995
S.
71A(15)
s. 9(b).
inserted by
No. 65/1988
s. 6, repealed
by No.
27/1995
s. 9(b).
S. 71B
inserted by
No. 65/1988
s. 7.
71B. Exemption for first home buyers
(1) In this section—
"dependent child", in relation to a person, means
a child under the age of 18 years in the
custody, care and control of, and ordinarily
resident with, the person;
S. 71B(1) def.
of "dependent
child"
inserted by
No. 27/1995
s. 10(a).
"spouse", in relation to a person, includes a
person living with the first-mentioned person
as husband or wife on a bona fide domestic
basis although not legally married to that
person.
*
*
*
*
*
(3) A person is, or a person and the person's spouse
together are, an eligible person for the purposes of
a refund or exemption relating to stamp duty paid
or payable on a conveyance of real property made
pursuant to an agreement to convey real property
entered into on or after 9 August 1988 if the
Comptroller of Stamps is satisfied—
AB-26/5/98
132
S. 71B(2)
repealed by
No. 27/1995
s. 10(b).
Stamps Act 1958
Act No. 6375/1958
s. 71B
(a) that there is a dwelling on the real property;
and
(b) that the person or persons reside or intend to
reside in the dwelling as a principal place of
residence; and
(c) that the person has, or persons have, a
dependent child and had a dependent child at
the time when, or within 11 months after—
(i) where there was a dwelling on the real
property when the contract for the
conveyance was entered into, the date
on which the contract was entered into;
or
(ii) where there was no dwelling on the real
property when the contract for the
conveyance was entered into, the date
on which—
(A) the contract for the construction of
the dwelling was entered into; or
(B) the building of the dwelling was
commenced—
whichever is the earlier; and
S. 71B(3)(d)
substituted by
No. 27/1995
s. 10(c),
amended by
No. 10/1996
s. 23(3)(a)(i)
(A)(B).
(d) that, having regard to such information as the
Comptroller deems sufficient, the person's
taxable income, or the sum of the persons'
taxable incomes, during the current financial
year is not likely to exceed, if the person has,
or the persons have, only one dependent
child, $39 000 or, if the person has, or the
persons have, 2 or more dependent children,
$40 000; and
(e) that the person has not, or neither of the
persons has, previously held an interest in fee
simple in real property on which was erected
AB-26/5/98
133
Stamps Act 1958
Act No. 6375/1958
s. 71B
a dwelling which was used as a principle
place of residence by that person or either of
those persons anywhere in Australia; and
(f) that the person is, or the persons are, bona
fide purchasers of the real property for
adequate consideration; and
(g) that the value of the real property is less than
$150 000; and
S. 71B(3)(g)
amended by
No. 10/1996
s. 23(3)(a)(ii).
(h) that the person has not, or none of the
persons has, received a refund or exemption
under this section.
(4) If, in relation to an instrument of conveyance of
real property on which at the date the conveyance
is made, there was a dwelling—
(a) the transferee is an eligible person for the
purposes of this section; and
(b) the value of the real property does not exceed
$100 000—
the transferee may make application in writing to
the Comptroller of Stamps for an exemption from
or refund of stamp duty payable or paid on the
conveyance.
(5) If, in relation to an instrument of conveyance (not
being a conveyance in respect of which section
63(3)(c) applies) of real property on which at the
date the conveyance is made there was a
dwelling—
S. 71B(5)
amended by
No. 10/1996
s. 23(3)(b)(ii).
(a) the transferee is an eligible person for the
purposes of this section; and
(b) the value of the real property exceeds
$100 000 but is less than $150 000—
AB-26/5/98
134
S. 71B(5)(b)
amended by
No. 10/1996
s. 23(3)(b)(i).
Stamps Act 1958
Act No. 6375/1958
s. 71B
the transferee may make application in writing to
the Comptroller of Stamps for an amount by way
of refund of or exemption from stamp duty paid or
payable on the conveyance, calculated in
accordance with the formula—
6600 −
22P
500
where P is the value of the real property.
S. 71B(6)
amended by
No. 10/1996
s. 23(3)(c)(ii).
(6) If—
(a) section 63(3)(c) applies in respect of the
determination of stamp duty on a conveyance
of real property; and
(b) there was a dwelling on the real property on
the date the conveyance is made—
and—
(c) the transferee is an eligible person for the
purposes of this section; and
S. 71B(6)(d)
amended by
No. 10/1996
s. 23(3)(c)(i).
(d) the value of the real property exceeds
$100 000 but is less than $150 000—
the transferee may make application in writing to
the Comptroller of Stamps for an amount, by way
of refund of or exemption from stamp duty
payable on the conveyance, calculated in
accordance with the formula—
SD ×
11(150 000 − P)
5(3P − 190 000)
where—
SD is the amount of stamp duty paid or payable
(but for this sub-section) on the instrument of
conveyance.
AB-26/5/98
135
Stamps Act 1958
Act No. 6375/1958
s. 71B
P is the amount that is the aggregate of the value
of the real property at the time the conveyance was
made and the cost of the construction of the
dwelling.
(7) If, in relation to an instrument of conveyance of
real property on which at the date on which the
conveyance is made there was not a dwelling but
on which at the date of the application to the
Comptroller of Stamps under this section there is a
dwelling—
(a) the transferee is an eligible person for the
purposes of this section; and
(b) the aggregate of the value of the real property
at the time the conveyance was made and the
cost of the construction of the dwelling does
not exceed $100 000—
the transferee may make application in writing to
the Comptroller of Stamps for a refund of the
stamp duty paid on the conveyance.
(8) If, in relation to an instrument of conveyance of
real property on which at the time the conveyance
is made there was not a dwelling but on which at
the date of the application to the Comptroller of
Stamps under this section there is a dwelling—
S. 71B(8)
amended by
No. 10/1996
s. 23(3)(d)(ii).
(a) the transferee is an eligible person for the
purposes of this section; and
(b) the aggregate of the value of the real property
at the time the conveyance was made and the
cost of the construction of the dwelling
exceeds $100 000 but is less than
$150 000—
the transferee may make application in writing to
the Comptroller of Stamps for an amount, by way
of refund of or exemption from stamp duty paid or
AB-26/5/98
136
S. 71B(8)(b)
amended by
No. 10/1996
s. 23(3)(d)(i).
Stamps Act 1958
Act No. 6375/1958
payable on the conveyance, calculated in
accordance with the formula—
SD ×
11(150 000 − P)
5(3P − 190 000)
where—
(c) SD is the amount of stamp duty paid or
payable (but for this sub-section) on the
instrument of conveyance;
(d) P is the amount that is the aggregate of the
value of the real property at the time the
conveyance was made and the cost of the
construction of the dwelling.
(9) Where an application is made under this section,
the Comptroller of Stamps, if satisfied that the
applicant is entitled to a refund of, or exemption
from, stamp duty under this section, must make
the refund or grant the exemption accordingly.
(10) A person must not, in connection with an
application under this section, make a statement
that the person knows is false or misleading in a
material particular.
Penalty:
10 penalty units or imprisonment for
six months or both.
(11) Where a person is convicted of an offence against
sub-section (10), the person is liable, by way of
further penalty, to pay an amount equal to double
the amount of duty that, but for the offence, would
have been payable, less any amount of duty that
the person did pay.
(12) A reference in this section to a monetary amount
(other than a penalty) is a reference, if the
regulations prescribe another amount in lieu of
that monetary amount, to the amount so
prescribed.
AB-26/5/98
137
Stamps Act 1958
Act No. 6375/1958
72. Certain deductions to be made before assessment
(1) In determining the duty to be paid upon any
conveyance executed to give effect to a partition
or division of any real property, the Comptroller
of Stamps shall, before assessing the stamp duty
(if any) payable on the conveyance deduct from
the value of that real property the value of the
beneficial interest in that real property held prior
to the conveyance by the transferee.
(2) Where a conveyance of any real property is made
to a shareholder of a company in the course of any
distribution of assets of the company in
consequence of the winding up of the company by
a court, the Comptroller of Stamps shall, before
assessing the stamp duty (if any) payable on the
conveyance deduct from the value of the real
property—
s. 72
S. 72
substituted by
No. 9662 s. 7.
S. 72(2)
substituted by
No. 10256
s. 8(2),
amended by
No. 10/1996
s. 24(1).
(a) if the shareholder is not a creditor of the
company—the value of the shareholder's
entitlement in the undistributed assets of the
company immediately before the
conveyance; or
(b) if the shareholder is a creditor of the
company—the amount (if any) by which the
value of the shareholder's entitlement in the
undistributed assets of the company
immediately before the conveyance exceeds
the amount owed by the company to the
shareholder as a creditor.
(3) Before a conveyance of real property is made to a
shareholder of a company in the course of a
distribution of assets of the company in
consequence of the voluntary winding up of the
company, the shareholder may apply in writing to
the Comptroller for a deduction in the value of the
AB-26/5/98
138
S. 72(3)
inserted by
No. 10/1996
s. 24(2).
Stamps Act 1958
Act No. 6375/1958
s. 72
real property for the purposes of the assessment of
stamp duty (if any) payable on the conveyance.
S. 72(4)
inserted by
No. 10/1996
s. 24(2).
(4) The Comptroller may grant an application under
sub-section (3) only if satisfied that the company
is not being wound up as part of an arrangement
or scheme devised with the collateral purpose of
reducing the stamp duty otherwise payable on the
conveyance of the real property.
S. 72(5)
inserted by
No. 10/1996
s. 24(2).
(5) In considering whether or not he or she is satisfied
for the purpose of sub-section (4), the Comptroller
may have regard to—
(a) the duration of the shareholder's
shareholding in the company;
(b) whether or not the shareholder held shares in
a related corporation of the company that
owned the real property before it was owned
by the company;
(c) the period for which the real property has
been owned by the company or a related
corporation of the company;
(d) any dealing in shares of the company or a
related corporation of the company—
(i) by the shareholder or a related
corporation of the shareholder;
(ii) by a previous owner of the real
property;
(e) whether there is any commercial efficacy to
an arrangement or scheme of transactions
involving any one or more of—
(i) the company;
(ii) the shareholder;
(ii) a related corporation of the company or
the shareholder;
AB-26/5/98
139
Stamps Act 1958
Act No. 6375/1958
(iv) a substantial shareholder (within the
meaning of Part 6.7 of the Corporations
Law) of a person referred to in subparagraph (i), (ii) or (iii)—
in relation to the winding up, other than to
reduce the stamp duty otherwise payable on
the conveyance;
(f) any other matters he or she considers
relevant.
(6) If the Comptroller grants an application under subsection (3), he or she must, in assessing the stamp
duty (if any) payable on the conveyance, deduct
from the value of the real property—
S. 72(6)
inserted by
No. 10/1996
s. 24(2).
(a) if the shareholder is not a creditor of the
company—the value of the shareholder's
entitlement in the undistributed assets of the
company immediately before the
conveyance; or
(b) if the shareholder is a creditor of the
company—the amount (if any) by which the
value of the shareholder's entitlement in the
undistributed assets of the company
immediately before the conveyance exceeds
the amount owed by the company to the
shareholder as a creditor.
*
AB-26/5/98
*
*
140
*
*
Ss 73–74A
repealed by
No. 9662 s. 7.
Stamps Act 1958
Act No. 6375/1958
s. 75
Pt 2 Div. 3
Subdiv. (7)
(Heading and
s. 75)
repealed by
No. 9662 s. 8,
new Pt 2 Div.
3 Subdiv. (7)
(Heading and
ss 75–75O)
inserted by
No. 65/1987
S.
75
s. 6(1).
inserted by
No. 65/1987
s. 6.
(7) Duty on change of control of certain land-owning
corporations and unit trusts
75. Definitions
(1) In this subdivision—
S. 75(1) def. of
"acquire"
amended by
No. 119/1994
s. 33(9)(d).
"acquire", in relation to an interest in a
corporation to which this subdivision
applies, includes, without limiting the
generality of the expression, acquire an
interest by virtue of—
(a) the allotment or issue of any share to
the person or another person, not being
the initial allotment of shares to a
subscriber to a memorandum of a
corporation; or
(b) the redemption, surrender or
cancellation of any share by the
corporation or by the person or another
person; or
(c) the variation, abrogation or alteration of
a right pertaining to any share—
but does not include an acquisition—
(d) that occurs solely as the result of—
(i) the appointment of a receiver or
trustee in bankruptcy; or
(ii) the appointment of a liquidator; or
(iii) the making of a compromise or
arrangement under Part 5.1 of the
AB-26/5/98
141
Stamps Act 1958
Act No. 6375/1958
s. 75
Corporations Law which has been
approved by the court; or
(iv) the distribution of the estate of a
deceased person, including an
acquisition that occurs as the
result of—
(A) a will, a codicil or an order
of a court varying or
modifying the provisions of a
will or codicil; or
(B) an intestacy or an order of a
court varying or modifying
the application, in relation to
the estate of a deceased
person, of the provisions of a
law relating to the
distribution of the assets of
persons who die intestate; or
(v) an arrangement (whether entered
into before or after the
commencement of section 6 of the
Taxation Acts Amendment Act
1987) relating to the provision of
finance or the enforcement or
termination of such an
arrangement;
"corporation" has the same meaning as in the
Corporations Law;
S. 75(1) def. of
"corporation"
amended by
No. 119/1994
s. 33(9)(g).
"director" has the same meaning as in the
Corporations Law;
S. 75(1) def. of
"director"
amended by
No. 119/1994
s. 33(9)(g).
"discretionary trust" means—
AB-26/5/98
142
Stamps Act 1958
Act No. 6375/1958
s. 75
(a) a trust under which the vesting of the
whole or any part of the capital of the
trust property, or the whole or any part
of the income from that capital, or
both—
(i) is required to be determined by a
person either in respect of the
identity of the beneficiaries, or the
quantum of interest to be taken, or
both; or
(ii) will occur in the event that a
discretion conferred under the
trust is not exercised; or
(b) a trust which is declared by the
regulations to be a discretionary trust
for the purposes of this subdivision—
but does not include—
(c) a trust that is solely a charitable trust; or
(d) a trust that is declared by the
regulations not to be a discretionary
trust for the purposes of this
subdivision;
"entitled" means beneficially entitled;
"interest" includes a majority interest and a
further interest as defined in section 75K;
"real property" includes any estate or interest in
real property;
"share" means a share in the share capital of a
corporation and includes stock and an
interest in a share or stock and
"shareholding" has a corresponding
meaning.
(2) For the purposes of section 75I(4)(c)—
AB-26/5/98
143
Stamps Act 1958
Act No. 6375/1958
(a) the following are associated persons in
relation to a corporation—
(i) a related corporation;
(ii) a related person within the meaning in
sub-section (3);
(iii) a director or secretary of the
corporation or a related corporation;
(iv) a person who is entitled to any
shareholding in the corporation or a
related corporation;
(v) a relative of any natural person referred
to in sub-paragraph (ii), (iii) or (iv);
(vi) a corporation in which the corporation
or any person referred to in subparagraph (iii), (iv) or (v) is entitled to
any shareholding; and
(b) in relation to a loan of money by a
corporation or subsidiary, a person is not an
associated person in relation to the
corporation if the Comptroller of Stamps is
satisfied that the money was not lent to the
person for the purpose of defeating the object
of this subdivision; and
(c) the following are relatives of a person for the
purposes of paragraph (a)(v)—
(i) a child or remoter lineal descendant of
the person or the spouse of the person;
(ii) a parent or remoter lineal ancestor of
the person or the spouse of the person;
(iii) a brother or a sister of the person or the
spouse of the person;
AB-26/5/98
144
s. 75
Stamps Act 1958
Act No. 6375/1958
(iv) the spouse of the person and a spouse
of any person referred to in subparagraphs (i), (ii) or (iii).
(3) For the purposes of this subdivision the following
persons are related—
(a) natural persons who are spouses of each
other or between whom the relationship is
that of parent and child;
(b) related corporations;
(c) a trustee and another trustee if there is any
beneficiary common to the trusts of which
they are trustees, whether the beneficiary has
a vested share or is contingently entitled or
may benefit from a discretionary trust;
(d) a natural person and a corporation if the
natural person is a majority shareholder,
director or secretary of the corporation or a
related corporation;
(e) a natural person and a trustee if the natural
person is a beneficiary under the trust of
which the trustee is a trustee, whether the
person has a vested share or is contingently
entitled or may benefit from a discretionary
trust;
(f) a corporation and a trustee if—
(i) the corporation, a majority shareholder,
director or secretary of the corporation
is a beneficiary of the trust of which the
trustee is a trustee; or
(ii) a related corporation to the corporation
is a beneficiary of the trust of which the
trustee is a trustee—
AB-26/5/98
145
Stamps Act 1958
Act No. 6375/1958
s. 75
whether any such beneficiary has a vested
share or is contingently entitled or may
benefit from a discretionary trust; and
(g) Persons who acquire interests in a
corporation by virtue of acquisitions that
together form or arise from substantially one
transaction or one series of transactions.
(4) For the purposes of sub-section (3), persons are
not related persons in relation to an acquisition of
an interest in a corporation if the Comptroller of
Stamps is satisfied that the persons were not
acting in concert in relation to the acquisition.
S. 75(4)
amended by
No. 42/1996
s. 29(b).
(5) For the purposes of sub-sections (2) and (3)—
(a) a spouse includes a de facto spouse; and
(b) a majority shareholder in relation to a
corporation is a person who has a substantial
shareholding in the corporation in
accordance with section 708 of the
Corporations Law as if the reference in that
section to the prescribed percentage were a
reference to 50 per centum.
(6) For the purposes of this subdivision, the
entitlement of a person to participate (otherwise
than as a creditor or other person to whom the
corporation is liable) in the distribution of the
property of a corporation on a winding up of the
corporation is an entitlement to an amount
calculated—
(a) as if the winding up were carried out in
accordance with the memorandum and
articles of association of the corporation and
AB-26/5/98
146
S. 75(5)(b)
amended by
No. 119/1994
s. 33(9)(h).
Stamps Act 1958
Act No. 6375/1958
any law relevant to the winding up, as the
memorandum, articles and law exist at the
time of the winding up; or
(b) as if the person had, immediately prior to the
winding up, exercised all powers and
discretions exercisable by the person by
reason of having acquired an interest in the
corporation—
(i) to effect or compel an alteration to the
memorandum or articles of association;
or
(ii) to vary the rights conferred by shares in
the corporation; or
(iii) to effect or compel the substitution or
replacement of shares in the corporation
with other shares in the corporation—
in such manner as to maximize that
amount—
whichever of the amounts under paragraph (a) or
(b) results in the greater amount, unless the
Comptroller of Stamps determines, after
consideration of the circumstances of the case, and
where the calculation under paragraph (b) results
in the greater amount, that the amount of the
entitlement should be calculated under paragraph
(a).
(7) For the purposes of this subdivision, the
entitlement of a person on the distribution of a
trust shall be determined as the greatest
entitlement that the person could derive at any
time from the trust whether by the fulfilment of
any condition, the outcome of any contingency or
the exercise of any power or discretion or
otherwise, and in particular a person that may
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Stamps Act 1958
Act No. 6375/1958
s. 75
75A
benefit from, or the trust property of another trust
that may comprise or be augmented by a benefit
from, a discretionary trust shall be deemed to be
entitled to or comprise or be augmented by—
(a) the property subject to the discretionary trust
unless the Comptroller determines otherwise;
or
(b) such part of that property as the Comptroller
determines.
(8) For the purposes of this subdivision, if the
acquisition of an interest in a corporation is, or is
to be, evidenced by a transfer of shares, the
acquisition is deemed to occur on the date the
transfer is made.
75A. Refund of duty to trustee
If the Comptroller of Stamps considers that—
(a) any person beneficially entitled to a share or
interest in trust property, whether the person
has a vested share or is contingently entitled
or may benefit from a discretionary trust, is
related to any other person, within the
meaning in section 75(3), who has acquired
an interest in a corporation; and
(b) the beneficial interest of the beneficiary in
the corporation when taken with that of any
such related person amounts to a greater
interest than the interest of the trustee of the
trust and any person who is related to the
trustee—
on payment of the duty payable on the statement
required to be lodged under section 75G by the
beneficiary any duty paid by the trustee in respect
of the acquisition giving rise to the requirement
for that statement to be lodged shall be refunded to
the trustee.
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148
S. 75A
inserted by
No. 65/1987
s. 6(1).
Stamps Act 1958
Act No. 6375/1958
s. 75C
S. 75B
inserted by
No. 65/1987
s. 6(1).
75B. Valuation of real property
(1) The Comptroller of Stamps may—
(a) require a person who is required to lodge a
statement under section 75G to furnish a
further statement in a form approved by the
Comptroller concerning the unencumbered
value of any real property, or such other
evidence of that value as the Comptroller
thinks fit; and
(b) assess duty in accordance with the evidence
of value referred to in paragraph (a).
(2) If the Comptroller is not satisfied with the
evidence of value furnished under sub-section (1)
the Comptroller may assess the duty chargeable on
the basis of a valuation made at the request of the
Comptroller by the Valuer-General or a person
authorised by the Valuer-General.
S. 75C
inserted by
No. 65/1987
s. 6(1).
75C. Notice may be registered on title
(1) If, in relation to the acquisition of an interest in a
corporation—
S. 75C(1)
amended by
Nos 65/1988
s. 21(1)(c),
18/1989
s. 13(Sch. 2
item 84(a)).
(a) a statement has been lodged with the
Comptroller of Stamps under section 75G(1)
or ought to have been so lodged; and
(b) the Comptroller has made an assessment of
duty payable under section 75H on the value
of real property to which the corporation is
entitled; and
(c) the assessment has not been paid or has not
been paid in full—
the Comptroller may, if the corporation or a
subsidiary as defined in section 75I(5) is the
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149
Stamps Act 1958
Act No. 6375/1958
s. 75C
registered proprietor of the real property, deliver
to the Registrar of Titles a notice in the prescribed
form relating to the duty and any penalty that is
payable under this Act, and the Registrar of Titles
shall make the appropriate recordings in the
Register to give effect to the notice.
(2) While the recordings under sub-section (1) are
recorded in the Register, the Registrar of Titles
must not register an instrument affecting the real
property unless—
S. 75C(2)
amended by
No. 18/1989
s. 13(Sch. 2
item 84(b)
(i)(ii)).
(a) the instrument relates to a security interest in
the property arising under an agreement
entered into before the recordings were made
or that was lodged with the Registrar within
five business days after the recordings were
made; or
(b) the instrument is a duly stamped
conveyance—
(i) that was executed under an agreement
entered into before the recordings were
made; or
(ii) made as a result of a sale of real
property under section 75E; or
(iii) made as a result of a sale of real
property by the holder of a security
interest in the property registered before
the recordings were made or a security
interest referred to in paragraph (a); or
(c) the Comptroller of Stamps consents in
writing.
(3) An instrument registered in accordance with subsection (2)(a) has effect, in relation to the
recordings made under sub-section (1), as if it had
been registered before the recordings were made.
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150
S. 75C(3)
amended by
No. 18/1989
s. 13(Sch. 2
item 84(c)).
Stamps Act 1958
Act No. 6375/1958
s. 75C
(4) If an instrument referred to in sub-section (2)(b)
affecting real property is registered by the
Registrar of Titles, the recordings made in
accordance with sub-section (1) shall be deemed
to be deleted from upon the registration of the
instrument and the Registrar of Titles shall make
the appropriate amendments to the Register to
give effect to the deletion.
S. 75C(4)
amended by
No. 18/1989
s. 13(Sch. 2
item 84(d)(i)–
(iii)).
(5) When—
S. 75C(5)(a)
amended by
No. 18/1989
s. 13(Sch. 2
item 84(e)).
(a) the duty and any penalty in respect of which
a recording has been made in the Register
has been paid; or
(b) the Comptroller determines to withdraw a
notice given under sub-section (1)—
the Comptroller shall deliver to the Registrar of
Titles a notice to that effect.
S. 75C(6)
amended by
No. 18/1989
s. 13(Sch. 2
item 84(f)).
(6) The Registrar shall make the appropriate
recordings in the Register to give effect to the
notice and thereupon the real property ceases to be
subject to sub-section (2).
(7) If the Comptroller of Stamps delivers a notice to
the Registrar of Titles under sub-section (1)
relating to real property of which a corporation or
subsidiary is the registered proprietor, the
Comptroller must send a copy of the notice to the
corporation or subsidiary with a direction that the
corporation or subsidiary send a copy of the notice
to each person the corporation or subsidiary
believes may be affected by the operation of this
section.
(8) The Comptroller must not deliver a notice in
relation to a corporation or subsidiary under subsection (1) or, if the Comptroller has delivered
such a notice, must withdraw the notice if, on an
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151
Stamps Act 1958
Act No. 6375/1958
s. 75D
application in accordance with sub-section (9), the
Comptroller determines that the application of the
proceeds of sale of the property under section 75E
would reduce the value of the interest of the
holder of an interest in the corporation or
subsidiary.
(9) An application for the purposes of sub-section (8)
may be made by the holder of an interest in the
corporation or subsidiary if the holder is not
related to a person acquiring a majority interest or
further interest in the corporation or subsidiary
and the application is made within 60 days after
the copy of the notice under sub-section (7) is
given to the corporation or subsidiary.
(10) A person aggrieved by a decision of the
Comptroller under sub-section (8) may apply to
the Administrative Appeals Tribunal for a review
of the decision.
75D. Charge on real property
If a recording has been made on a folio of the
Register in relation to any real property, any duty
and any penalty to which the notice relates is a
charge on the real property and the charge
continues in force until the duty and any penalty
are paid, the Comptroller of Stamps withdraws the
notice given under sub-section (1) or the recording
is deleted, whichever first occurs.
S. 75E
inserted by
No. 65/1987
s. 6(1).
75E. Power of sale
(1) If—
(a) duty has been assessed on the value of any
real property in accordance with section
75H; and
(b) the duty and any penalty have not been paid
at the expiration of one year from the date of
the assessment; and
AB-26/5/98
S. 75D
inserted by
No. 65/1987
s. 6(1),
amended by
No. 18/1989
s. 13(Sch. 2
item 84(g)(i)
(ii)).
152
Stamps Act 1958
Act No. 6375/1958
s. 75F
(c) a recording has been made on a folio of the
Register under section 75C in relation to the
real property—
S. 75E(1)(c)
substituted by
No. 18/1989
s. 13(Sch. 2
item 84(h)).
the Comptroller may, despite any judgment
against the person liable to pay the duty and
penalty, cause to be published in the Government
Gazette, a notice specifying the real property, and
the amount of duty and any penalty payable, and
stating that if such amount is not paid within 6
months from the publication of the notice the
Comptroller intends to apply to the Supreme
Court for an order for the sale of the real property.
S. 75E(2)
amended by
No. 18/1989
s. 13(Sch. 2
item 84(i)).
(2) A copy of a notice under sub-section (1) shall be
served on the registered proprietor of the real
property and such other persons as appear from
the Register to be affected, which service may be
effected by posting the document on the real
property if service cannot reasonably be effected
in Victoria by other means.
(3) The Comptroller may apply to the Supreme Court
for sale of so much of the real property described
in the notice as may be necessary, and the Court,
on being satisfied by affidavit or otherwise that the
amount is lawfully due and that all things required
by this Act to be done by the Comptroller have
been done, shall order the sale of the said real
property and that the proceeds be applied in
accordance with section 75F(a).
S. 75F
inserted by
No. 65/1987
s. 6(1).
75F. Application of proceeds of sale
If any real property has been sold under section
75E—
(a) the purchase money arising from the sale
shall be applied in accordance with section
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153
Stamps Act 1958
Act No. 6375/1958
77(3) of the Transfer of Land Act 1958 as
if—
(i) in paragraph (a) "and consequent on
such default" were omitted; and
(ii) in paragraph (b) for "moneys" there
were substituted "duty and penalty";
and
(iii) in paragraph (b) "mortgage or" were
omitted; and
(iv) in paragraph (d) for "mortgagor" there
were substituted "registered proprietor
in fee simple"; and
(b) the conveyance shall be executed by the
officer of the Court nominated by the Court
for such purpose to the purchaser, in such
form as shall be approved by the Court; and
AB-26/5/98
(c) the conveyance shall vest the real property
sold in the purchaser as completely and
effectually as if the conveyance had been
executed by the owner of the real property
freed and discharged from all liability on
account of the charge and any mortgage,
charge or encumbrances registered or
recorded in the Register subsequent thereto;
and
S. 75F(c)
amended by
No. 18/1989
s. 13(Sch. 2
item 84(j)).
(d) the Registrar of Titles shall, upon production
of the conveyance, register it and,
notwithstanding any provisions of the
Transfer of Land Act 1958 to the contrary,
production of the certificate of title shall not
be required but, for the purposes of
registration the Registrar of Titles shall, if
necessary, do and perform all such acts and
things as are provided for in the case of
dealings with real property where the
S. 75F(d)
amended by
No. 18/1989
s. 13(Sch. 2
item 84(k)).
154
Stamps Act 1958
Act No. 6375/1958
s. 75G
certificate of title is lost or not produced, in
which case a new certificate of title for such
real property shall be issued.
S. 75G
inserted by
No. 65/1987
s. 6(1).
75G. When statement to be lodged
(1) If by a relevant acquisition a person acquires a
majority interest or a further interest in a
corporation to which this subdivision applies, he
or she shall prepare and lodge with the
Comptroller of Stamps a statement in respect of
that acquisition.
(2) If a requirement under sub-section (1) arises in
circumstances where a person acquires a majority
interest or a further interest by reason of
acquisitions by that person and a related person or
related persons being aggregated, one of those
persons shall prepare and lodge a statement under
that sub-section of all acquisitions on behalf of all
those persons.
(3) The statement shall be lodged within 3 months
after the occurrence of the relevant acquisition.
(4) The statement shall be in a form approved by the
Comptroller and shall include the following
information—
(a) the name and address of the person who has
acquired a majority interest or a further
interest and of any related person referred to
in sub-section (2); and
(b) the date of the acquisition; and
(c) particulars of the interest acquired and all
interests previously acquired by the person or
a related person in the corporation; and
(d) the person's estimate of the unencumbered
value of all real property in Victoria to which
the corporation is entitled as at that date; and
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155
Stamps Act 1958
Act No. 6375/1958
s. 75H
(e) the person's estimate of the unencumbered
value of the assets of the corporation as at
that date.
(5) A statement shall be deemed, for the purposes of
this Act, to be an instrument executed on the day
on which the relevant acquisition occurs.
75H. Statement chargeable with duty
(1) A statement lodged under section 75G is
chargeable, in accordance with section 75L, with
duty at the rate provided for in Heading VI of the
Third Schedule calculated as follows—
(a) if the statement relates to a relevant
acquisition under section 75J(1)(a), the duty
shall be calculated on the dutiable value
determined under section 75L(2); and
(b) if the statement relates to a relevant
acquisition under section 75J(1)(b), the
duty—
(i) shall be calculated on the dutiable value
determined under section 75J(3)(a); and
(ii) shall be reduced by the amount of duty
determined on the dutiable value
calculated under section 75L(3)(b).
(2) Despite Heading VI in the Third Schedule, if the
value of the real property under section 75L(4)
does not exceed $1 500 000 the duty chargeable
under this section shall be calculated as follows,
and where paragraph (b) of sub-section (1) applies
shall be so calculated in terms of sub-paragraphs
(i) and (ii) of that paragraph—
  A − $1 000 000 
 A − $1 000 000 
 $500 000  × B + 1 −  $500 000  × C



 
where—
AB-26/5/98
156
S. 75H
inserted by
No. 65/1987
s. 6(1).
Stamps Act 1958
Act No. 6375/1958
s. 75I
A is the value of the real property in Victoria to
which the corporation is entitled as provided
in section 75L(4) at the time of the relevant
acquisition;
B is the duty calculated under Heading VI in
the Third Schedule, had the acquisition been
effected by an instrument chargeable under
that Heading, on the dutiable value
determined under section 75L; and
C is the duty calculated under paragraph (a) of
Heading IV in the Third Schedule on the
value of the shares comprised in the relevant
acquisition had the acquisition been effected
by an instrument chargeable under that
paragraph.
(3) There shall be deducted from the duty chargeable
on a statement, any duty paid under Heading IV of
the Third Schedule in respect of any instrument
effecting or evidencing the acquisition of any
interest which is taken into account in determining
liability under section 75G to lodge that statement,
except any duty previously deducted under this
sub-section in respect of a statement previously
lodged under that section.
S. 75I
inserted by
No. 65/1987
s. 6(1).
75I. Corporations to which this subdivision applies
(1) This subdivision applies to a relevant acquisition
of shares in a corporation that is—
S. 75I(1)(a)
amended by
No. 119/1994
s. 38(9)(i).
(a) a corporation, other than a corporation shares
in the capital of which are listed on
Australian Stock Exchange Limited; and
(b) a land-holder within the meaning in subsection (2).
(2) A corporation is a land-holder for the purposes of
this subdivision if at the time of a relevant
acquisition—
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157
Stamps Act 1958
Act No. 6375/1958
(a) it is entitled to real property in Victoria and
the unencumbered value of the real property
is not less than $1 000 000, or it is entitled to
real property in Victoria as a co-owner of the
freehold or of a lesser estate in the real
property and the value of the whole of the
freehold or lesser estate is not less that
$1 000 000; and
(b) the value of all real property to which the
corporation is entitled, whether in Victoria or
elsewhere, (other than primary production
land) is 80 per centum or more of the value
of all property to which it is entitled, other
than property directed to be excluded by subsection (4) but including primary production
land.
(3) In sub-section (2) "primary production land" in
relation to a relevant acquisition, means real
property used for primary production within the
meaning of section 63(1) if the relevant
acquisition is an acquisition of an interest in a
corporation by a person from a lineal ancestor or
lineal descendant of that person.
(4) The following property of a corporation, or of any
subsidiary within the meaning in sub-section (5),
shall not be included for the purpose of calculating
the value of property under sub-section (2)(b)—
(a) cash or money in an account at call;
(b) negotiable instruments, and money on
deposit with any person;
(c) money lent by the corporation or a subsidiary
to—
(i) any person who in relation to the
corporation is an associated person; or
AB-26/5/98
158
s. 75I
Stamps Act 1958
Act No. 6375/1958
s. 75I
(ii) any person at call or in terms that
require or allow full repayment to the
company within 12 months after the
money is lent;
S. 75I(4)(d)
amended by
No. 119/1994
s. 33(9)(j).
(d) if the corporation is a holding company
within the meaning of section 9 of the
Corporations Law, the shareholding of that
corporation in a subsidiary corporation
within the meaning of that section, but
without limiting sub-section (5);
(e) in the case of a corporation, property
consisting of a share or interest in a trust
referred to in sub-section (5); and
S. 75I(4)(f)
amended by
No. 27/1995
s. 11(1).
(f) any prescribed property unless it is shown to
the Comptroller's satisfaction that a reason
for the corporation's ownership is not for the
purpose of defeating the object of this
subdivision; and
S. 75I(4)(g)
inserted by
No. 27/1995
s. 11(1).
(g) any property declared by the Comptroller in
writing given to the corporation within
12 months after the time of relevant
acquisition to be property that the
Comptroller is satisfied is owned or was
acquired by the corporation principally for
the purpose of defeating the object of this
subdivision.
(5) Without limiting the meaning of "entitled", a
corporation is deemed to be entitled to real
property or property at the time of a relevant
acquisition to the extent that a subsidiary is
entitled to that real property or property, and for
the purposes of this sub-section "subsidiary"
means—
S. 75I(5)(a)
amended by
No. 119/1994
s. 33(9)(k).
(a) a subsidiary corporation within the meaning
of section 9 of the Corporations Law; or
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159
Stamps Act 1958
Act No. 6375/1958
(b) the trustee of any trust if the corporation or a
subsidiary corporation of the corporation as
defined in paragraph (a)—
(i) is entitled to a share or interest in the
trust, whether vested or contingent; or
(ii) in the case of a discretionary trust, may
benefit from that trust and, at the time
of the relevant acquisition, the
corporation or subsidiary is entitled to
more than 50 per centum of the value of
the property held by the trustee as
trustee of the trust (being the value
determined on the basis of a
distribution of the property at that
time); or
(c) any other corporation, if the trustee of a trust
to which paragraph (b) applies in which the
corporation or a subsidiary corporation—
(i) is entitled to a share or interest, whether
vested or contingent; or
(ii) in the case of a discretionary trust, may
benefit from that trust—
would be entitled if the other corporation
were to be wound up, after the time of the
relevant acquisition, to participate (otherwise
than as a creditor or other person to whom
the other corporation is liable) in a
distribution of the property of the other
corporation to an extent greater than 50 per
centum of the value of the property
distributable to all of the holders of shares in
the other corporation; or
(d) any other corporation or the trustee of any
other trust that would by an application of
this sub-section be a subsidiary of a
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160
Stamps Act 1958
Act No. 6375/1958
s. 75J
corporation that is a subsidiary of the firstmentioned corporation in this sub-section.
(6) A corporation that is a co-owner of an estate in
real property is not a co-owner for the purposes of
sub-section (2) if the Comptroller of Stamps is
satisfied that the reason for the corporation being a
co-owner is not for the purpose of defeating the
object of this subdivision.
S. 75J
inserted by
No. 65/1987
s. 6(1).
75J. Meaning of relevant acquisition
(1) An acquisition by a person is a relevant
acquisition for the purposes of this subdivision—
(a) if the acquisition—
(i) is an acquisition of an interest that
alone constitutes a majority interest in
the corporation; or
(ii) together with acquisitions by the person
of interests in the corporation during
the 12 months immediately preceding
the day on which the acquisition occurs,
constitutes a majority interest in the
corporation; or
(b) if by the acquisition a person who has a
majority interest in the corporation (and in
acquiring that majority interest the person
became subject to section 75G) acquires a
further interest in the corporation—
but does not include an acquisition of an
interest—
(c) before 15 November 1987; or
(d) as a result of an agreement entered into
before 15 November 1987.
(2) For the purposes of sub-section (1)(a)(ii), if the
person acquires an interest in a corporation and
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161
Stamps Act 1958
Act No. 6375/1958
s. 75K
within one year before or after the acquisition
became or becomes entitled to a right to acquire a
further shareholding in the corporation, and that
right is exercised, that person is deemed to acquire
that further shareholding in the corporation within
the period of 12 months after the first-mentioned
acquisition, notwithstanding that the right is
exercised after the expiration of that period.
75K. Meaning of "interest", "majority interest" and
"further interest"
(1) For the purposes of section 75G, a person acquires
an interest in a corporation if the person, or the
person and any related person, acquires on or after
15 November 1987 otherwise than as a result of an
agreement entered into before 15 November 1987
a shareholding in the corporation that would
entitle the person, or the person and any related
person, if the corporation were to be wound up
after the shareholding was acquired, to participate
(otherwise than as a creditor or other person to
whom the corporation is liable) in a distribution of
the property of the corporation.
(2) For the purposes of section 75G, a person acquires
a majority interest in a corporation if the person,
or the person and any related person, acquires on
or after 15 November 1987 otherwise than as a
result of an agreement entered into before 15
November 1987 a shareholding in the corporation
that would entitle the person, or the person and
any related person, if the corporation were to be
wound up after the shareholding was acquired to
participate (otherwise than as a creditor or other
person to whom the corporation is liable) in a
distribution of the property of the corporation to
an extent greater than 50 per centum of the value
of the property distributable to all of the holders of
shares in the corporation.
AB-26/5/98
162
S. 75K
inserted by
No. 65/1987
s. 6(1).
Stamps Act 1958
Act No. 6375/1958
s. 75L
(3) For the purposes of section 75G, a person acquires
a further interest in a corporation if the person, or
the person and any related person—
(a) has a majority interest in the corporation;
(b) in acquiring that majority interest the person,
or the person and any related person, became
subject to section 75G; and
(c) acquires a further shareholding in the
corporation that would entitle the person, or
the person and any related person, if the
corporation were to be wound up after the
shareholding was acquired to participate
further, otherwise than as a creditor or other
person to whom the corporation is liable, in a
distribution of the property of the
corporation.
S. 75L
inserted by
No. 65/1987
s. 6(1).
75L. How dutiable value is determined
(1) Where section 75H(1) applies, duty is chargeable
in accordance with this section on the basis of the
value free of encumbrances (in this section called
"the dutiable value") of the real property in
Victoria to which the corporation is entitled.
(2) Where by a relevant acquisition, a person acquires
a majority interest in a corporation the dutiable
value is the same proportion of the value of the
real property in Victoria to which the corporation
is entitled, as provided by sub-section (4), at the
time of the acquisition, as the proportion of the
property of the corporation which the person, or
the person and any related person, would be
entitled, as provided in sub-section (5), after the
acquisition.
(3) Where the relevant acquisition is under section
75J(1)(b) the dutiable value—
AB-26/5/98
163
Stamps Act 1958
Act No. 6375/1958
s. 75L
(a) for the purposes of section 75H(1)(b)(i) is
the same proportion of the value of the real
property in Victoria to which the corporation
is entitled, as provided by sub-section (4), at
the time of the acquisition, as the proportion
of the property of the corporation to which
the person, or the person and a related
person, would be entitled, as provided in
sub-section (5), after the further acquisition;
(b) for the purposes of section 75H(1)(b)(ii), is
the same proportion of the value of the real
property in Victoria to which the corporation
is entitled, as provided by sub-section (4), at
the time of the acquisition, as the proportion
of the property of the corporation to which
the person, or the person and a related
person, would have been entitled, as
provided in sub-section (5), at the time of the
immediately preceding relevant acquisition
by that person, or a related person.
(4) For the purposes of sub-sections (2) and (3), the
unencumbered value of the real property to which
a corporation is entitled at any time is the sum
of—
(a) in the case of real property to which the
corporation is entitled without reference to
section 75I(5), the unencumbered value of
the real property at that time; and
(b) in the case of real property to which a
subsidiary is entitled as mentioned in that
sub-section, the amount to which, if the
property of a subsidiary or of all subsidiaries
in the chain of relationships were to be
distributed at that time (in the case of a
corporation, on the basis of a winding up),
without having regard to any liabilities of the
AB-26/5/98
164
S. 75L(3)(b)
amended by
No. 65/1988
s. 21(1)(d).
Stamps Act 1958
Act No. 6375/1958
s. 75M
same, the first-mentioned corporation in this
sub-section would be entitled in respect of
the unencumbered value at that time of real
property to which the subsidiary is, or all
subsidiaries are, entitled.
(5) For the purposes of sub-sections (2) and (3), the
property of a corporation to which a person, or the
person and any related person, would be entitled is
the property to which the person, or the person and
any related person, would be entitled (otherwise
than as a creditor or other person to whom the
corporation is liable) if the corporation were to be
wound up after the acquisition.
S. 75M
inserted by
No. 65/1987
s. 6(1).
75M. Liability for duty
(1) Where a statement is required to be lodged under
section 75G—
(a) the person who is required to lodge the
statement; and
(b) the corporation in which the interest is
acquired; and
(c) if the acquisition is a relevant acquisition by
reason of a person and a related person
acquiring an interest in the corporation, the
related person—
are jointly and severally liable for the duty
chargeable under this subdivision.
(2) A person, other than a related person, may recover
as a debt due to the person from the person
required to lodge the statement under section 75G
or a related person required to lodge such a
statement the amount of any duty chargeable
under this subdivision and any penalty paid by the
first-mentioned person.
AB-26/5/98
165
Stamps Act 1958
Act No. 6375/1958
75N. Unit trust schemes
(1) In this section—
"private unit trust scheme" means a unit trust
scheme if, at the time of the acquisition of a
unit, the deed relating to the scheme—
(a) has not been approved for the purposes
of Division 5 of Part 7.12 of the
Corporations Law or the corresponding
provisions of the law in force in another
State or Territory; or
(b) has been so approved but—
(i) no units have been issued to the
public; or
(ii) fewer than 50 persons are
beneficially entitled to units under
the scheme; or
(iii) 20 or fewer persons are
beneficially entitled to 75 per
centum or more of the total issued
units under the scheme;
"unit" means any right or interest, whether
described as a unit or sub-unit or otherwise,
of a beneficiary under a unit trust scheme,
and includes an interest in a unit but does not
include a unit acquired solely pursuant to an
arrangement referred to in section 75O(b);
"unit trustee" means a trustee of a private unit
trust scheme.
(2) For the purposes of the definition of "private unit
trust scheme" and determining the number of
persons beneficially entitled to units—
AB-26/5/98
166
s. 75N
S. 75N
inserted by
No. 65/1987
s. 6(1).
S. 75N(1) def.
of "private
unit trust
scheme"
amended by
No. 119/1994
s. 33(9)(l).
Stamps Act 1958
Act No. 6375/1958
s. 75N
(a) units to which—
(i) a corporation; or
(ii) a person who is entitled to more than
50 per centum of the issued share
capital of the corporation; or
(iii) a related corporation—
is entitled shall be deemed to be held by one
person; and
(b) units to which—
(i) a trustee of a trust (including a unit trust
scheme); or
(ii) if the trust is a discretionary trust, a
person who has an entitlement on the
distribution of that trust; or
(iii) a person whose share or interest in the
trust, whether vested or contingent,
constitutes more than 50 per centum of
the trust property or of the issued units
in the trust—
is entitled shall be deemed to be held by one
person.
(3) This subdivision applies to a private unit trust
scheme as if—
(a) the private unit trust scheme were a
corporation; and
(b) a unit in a private unit trust scheme were a
share in a corporation; and
(c) the acquisition of units in a private unit trust
scheme were the acquisition of shares in a
corporation; and
(d) a reference to the Memorandum and Articles
of Association of a corporation were a
AB-26/5/98
167
Stamps Act 1958
Act No. 6375/1958
reference to the constituent documents of a
private unit trust scheme; and
(e) a reference to a winding up of a corporation
were a reference to a termination of a private
unit trust scheme.
(4) If a unit trustee has a majority interest in another
corporation or private unit trust scheme, all real
property situated in Victoria to which the
corporation or private unit trust scheme is
beneficially entitled for the purposes of this
subdivision is deemed to be an undivided share in
real property held by the unit trustee.
AB-26/5/98
(5) The extent of the undivided share in real property
referred to in sub-section (4) is the same
proportion of the value of the real property
situated in Victoria to which the corporation or
private unit trust scheme is beneficially entitled
for the purposes of this subdivision as the
proportion of the property of the corporation or the
private unit trust scheme which the trustee would
be entitled to claim in a distribution of property, as
provided in section 75(6), if the corporation or the
private unit trust scheme were to be wound up or
terminated, as the case may be, at the time of the
acquisition effected or evidenced by the relevant
transfer or instrument.
S. 75N(5)
amended by
No. 27/1995
s. 11(2).
(6) A unit trustee has a majority interest in another
corporation or private unit trust scheme if he or
she has a shareholding in the corporation or unit
holding in the private unit trust scheme that would
entitle the trustee if the corporation or the private
unit trust scheme were to be wound up or
terminated, as the case may be, at the time of the
acquisition effected or evidenced by the relevant
transfer or instrument, to participate (otherwise
than as a creditor or other person to whom the
S. 75N(6)
amended by
No. 27/1995
s. 11(2).
168
Stamps Act 1958
Act No. 6375/1958
s. 75O
corporation is liable) in a distribution of the
property of the corporation or private unit trust
scheme as provided in section 75(6), to an extent
greater than 50 per centum of the value of the
property distributable to all the holders of shares
in the corporation or units in the private unit trust
scheme.
S. 75O
inserted by
No. 65/1987
s. 6(1).
75O. Subdivision not to apply in certain circumstances
This subdivision does not apply to or in relation
to—
(a) an acquisition by a person of an interest in a
corporation relating to property if a
conveyance of the property to the person
would not have been liable to duty under
Heading VI in the Third Schedule; or
(b) an acquisition of units in a private unit trust
scheme within the meaning of section 75N if
the units were acquired solely pursuant to an
arrangement (whether entered into before or
after the commencement of section 6 of the
Taxation Acts Amendment Act 1987)
entered into or carried out by any of the
parties to the arrangement for the sole
purpose of enabling the private unit trust
scheme or a related person—
(i) to obtain finance (whether by way of
renewal or otherwise); or
(ii) to obtain an extension of the period for
which finance was obtained under an
earlier arrangement; or
(iii) to enforce or terminate an arrangement
for the provision of finance.
(8) Lease or Agreement for a Lease
No. 5204 s. 76.
AB-26/5/98
169
Stamps Act 1958
Act No. 6375/1958
s. 77
76
76. Definitions
For the purposes of this Part—
"lease" includes any agreement for a lease but
does not include any clause in any deed or
instrument of mortgage providing for
attornment by a mortgagor and does not
include any clause in any contract of sale
providing for attornment by the purchaser
under such contract of sale;
"tenements" includes any office room or
apartment in any tenement.
77. Agreement to be charged as if a lease
No. 5204 s. 77.
(1) An agreement for a lease of any lands or
tenements for any definite or any indefinite term
shall be charged with the same duty as if it was an
actual lease made for the term and consideration
mentioned in the agreement.
(2) A lease made subsequently to and in conformity
with and for the purpose of carrying into effect
such an agreement duly stamped shall not be
charged with duty.
(3) Where by reason of any provision in a lease the
tenancy (whether expressed as a weekly monthly
quarterly half-yearly or yearly tenancy or
otherwise) is subject to the provisions of the lease
to continue for some specified period of twelve
months or more or until some specified time
twelve months or more later than the
commencement of the lease that lease shall for the
purposes of this Act be deemed to be a lease for a
definite term ending at the termination of that
period or at that time.
78. How leases to be charged in respect of produce etc.
AB-26/5/98
170
S. 77(3)
amended by
No. 7332 s. 2.
No. 5204 s. 78.
Stamps Act 1958
Act No. 6375/1958
s. 79
(1) Where the consideration or any part of the
consideration for which a lease is granted or
agreed to be granted consists of any produce or
other goods, the value of the produce or goods
shall be deemed a consideration in money in
respect of which the lease is chargeable with ad
valorem duty.
S. 78(1)
amended by
No. 6791 s. 9.
(2) Where it is stipulated that the value of the produce
or goods shall amount at least to or is not to
exceed a given sum or where the lessee is
specially charged with or has the option of paying
after any permanent rate of conversion, the value
of the produce or goods shall, for the purpose of
assessing the ad valorem duty, be estimated at the
given sum or according to the permanent rate.
(3) A lease made either wholly or partially for any
such consideration, if it contains a statement of the
value thereof and is stamped in accordance with
the statement, shall, so far as regards the subjectmatter of the statement, be deemed duly stamped
until it is otherwise shown that the statement is
incorrect and that the lease is in fact not duly
stamped.
Nos 5204
s. 79, 6104
s. 20.
79. Duty chargeable where instrument of lease relates
also to other matters
Where any instrument by which a lease of any
lands or tenements is granted or agreed to be
granted relates in part to the grant or agreement to
grant such lease and in part to the grant or
agreement to grant other rights or interests, stamp
duty shall be chargeable upon such part of the
amount or value of the consideration as, having
regard to the nature and term of the lease and the
nature of such other rights or interests, is properly
attributable to the grant or agreement to grant such
lease; and the Comptroller of Stamps may assess
AB-26/5/98
171
Stamps Act 1958
Act No. 6375/1958
s. 81
the duty with which the instrument is in his
opinion chargeable, and the provisions of this Act
shall apply in respect of any such assessment in all
respects as if it were an assessment made under
section thirty-two of this Act pursuant to a
requirement for an expression of opinion under
that section.
80. Refund of part of duty on certain leases11
Where stamp duty has been paid upon any lease or
agreement for a lease for any definite term of not
less than two years and the lease so granted or
agreed to be granted is surrendered forfeited or
otherwise determined before the expiration of the
full term in respect of which duty was paid, the
Comptroller of Stamps shall, upon application to
him within 3 years after such surrender forfeiture
or other determination and upon the lease or
agreement for a lease upon which stamp duty was
paid being given up to him, refund to the lessee or
(where the lease has been transferred or assigned)
to the transferee or assignee an amount in money
equivalent to the difference between the stamp
duty actually paid and the stamp duty which
would have been payable if the lease so granted or
agreed to be granted had been expressed to expire
at the date of such surrender forfeiture or other
determination.
81. Directions as to duty in certain cases
(1) A lease shall not be charged with any duty in
respect of any penal rent or increased rate in the
nature of a penal rent thereby reserved or agreed to
be reserved or made payable or by reason of being
made in consideration of the surrender or
abandonment of any existing lease of or relating to
the same subject-matter.
AB-26/5/98
172
No. 5204 s. 80.
S. 80
amended by
No. 17/1993
s. 4(1).
Nos 5204
s. 81, 6104
s. 21.
Stamps Act 1958
Act No. 6375/1958
s. 82
*
S. 81(2)
repealed by
No. 6791 s. 10.
*
*
*
*
(3) An instrument whereby the rent reserved by any
lease (whether in writing or not) is increased shall
subject to this Act be chargeable with duty as a
lease but in consideration only of the additional
rent thereby made payable.
(4) Where several instruments are executed for the
purpose of effecting a lease of the same property
one only of such instruments shall be charged with
the ad valorem duty.
No. 5204 s. 82.
82. Lessee, transferee etc. liable to payment of duty
The stamp duty upon any lease or agreement for a
lease of any lands or tenements shall be payable
by the lessee or the person to whom such lease is
agreed to be granted (as the case may be), and the
stamp duty upon any transfer or assignment of any
such lease shall be payable by the transferee or
assignee (as the case may be).
No. 6104 s. 22.
83. Additional duty where rental under lease re-appraised
S. 83(1)
amended by
No. 65/1988
s. 21(1)(e).
(1) Where, pursuant to sub-paragraph (b) of paragraph
(2) under Heading VIII in the Third Schedule,
duty is payable on the total consideration for the
full term of a lease and the rent reserved by such
lease is subject to re-appraisement in any way
whatsoever during the term of the lease so that the
total consideration is not immediately
ascertainable, duty shall in the first instance be
payable upon the total consideration appropriate to
the full term of the lease calculated upon the basis
of the continuation of payment of the highest rent
AB-26/5/98
173
Stamps Act 1958
Act No. 6375/1958
s. 83
payable thereunder at any time before the date
when the first re-appraisement becomes effective.
(2) Whenever the rent is re-appraised or a reappraised rent is further re-appraised and thereby
the rent is increased, the lessee or (as the case
requires) the assignee for the time being of the
lease shall within three months of the time when
the rent is re-appraised or further re-appraised or
the time when the increased rent first becomes
payable (whichever is the later) produce to the
Comptroller of Stamps a duly stamped part of the
lease together with a statutory declaration setting
out the amount and particulars of the increase or
other evidence satisfactory to the Comptroller of
such amount and particulars and shall pay to the
Comptroller additional duty as upon a lease
pursuant to the said sub-paragraph (b) of
paragraph (2) under the said heading in respect of
the additional consideration thereby payable for
the full remaining term of the lease
notwithstanding that such additional consideration
does not exceed the rate of $130 per annum.
S. 83(2)
amended by
No. 9065
s. 3(a)(b).
(3) In any case where the rent reserved by the lease
does not exceed the rate of $130 per annum but is
as a result of any re-appraisement increased above
the rate of $130 per annum the foregoing
provisions of this section shall apply with this
modification, namely, that on the taking effect of
the re-appraisement which so increases the rent
the duty payable shall be calculated on the basis of
the total consideration payable for the full
remaining term of the lease.
(3A) Whenever the rent is re-appraised or a reappraised rent is further re-appraised and thereby
the rent is decreased, the Comptroller of Stamps
shall upon application in writing made to him
within 3 years of the decrease becoming effective
AB-26/5/98
174
S. 83(3A)
inserted by
No. 8006 s. 5,
amended by
No. 119/1994
s. 26.
Stamps Act 1958
Act No. 6375/1958
s. 83A
and production to him of the lease upon which
stamp duty was paid together with a statutory
declaration setting out the amount and particulars
of the decrease refund to the lessee or (where the
lease has been transferred or assigned) to the
transferee or assignee an amount equivalent to the
difference between the duty actually paid and the
duty which would have been payable if the
decreased rent had been the rent reserved by the
lease for the full remaining term of the lease.
S. 83(4)
amended by
No. 9662
s. 23(u).
S. 83A
inserted by
No. 9413 s. 9.
(4) Every person who contravenes or fails to comply
with the provisions of this section shall be liable
to a penalty of not more than 10 penalty units.
83A. Application
(1) The provisions of this section apply to and in
relation to a lease for a definite term of not less
than twelve months which provides for payment
of rent all or part of which cannot be ascertained
at the time the lease is executed.
(2) Where a lease to which this section applies is
executed the lessee shall furnish to the
Comptroller an estimate of the total rent payable
over the full term of the lease together with
particulars thereof to the satisfaction of the
Comptroller.
(3) Where—
(a) the Comptroller is satisfied with the estimate
given under sub-section (2) the stamp duty
payable in respect of the lease shall be the
stamp duty payable upon a lease where the
rent is an amount equal to the amount
estimated under sub-section (2);
(b) the Comptroller is not satisfied with the
estimate given under sub-section (2) the
stamp duty payable in respect of the lease
AB-26/5/98
175
Stamps Act 1958
Act No. 6375/1958
s. 83A
shall be the stamp duty payable upon a lease
where the rent is equal to the amount which
the Comptroller estimates will be payable
over the full term of the lease.
(4) The lessee of a lease to which this section applies
shall produce to the Comptroller within one month
after each anniversary of the commencement of
the lease a duly stamped part of the lease together
with particulars to the satisfaction of the
Comptroller of the amount of rent actually paid in
respect of the lease.
(5) Where in relation to a lease the Comptroller is of
opinion that, having regard to particulars furnished
under sub-section (4), an amount estimated under
sub-section (2) or sub-section (3)(b) is greater or
less than the amount which the Comptroller
considers will be payable as rent over the full term
of the lease, the Comptroller may re-estimate the
amount of rent payable over the full term of the
lease and—
(a) where the re-estimated amount exceeds the
amount estimated under sub-section (2) or
sub-section (3)(b)—additional stamp duty
shall be payable as upon a lease pursuant to
paragraph (2)(b) under Heading VIII in the
Third Schedule in respect of a consideration
which is equal to the difference between the
estimated amount and the re-estimated
amount, notwithstanding that the difference
may not exceed the rate of $130 per annum;
and
(b) where the re-estimated amount is less than
the amount estimated under sub-section (2)
or sub-section (3)(b)—the Comptroller shall
refund an amount which is equal to the
stamp duty payable as upon a lease pursuant
AB-26/5/98
176
S. 83A(5)(a)
amended by
No. 65/1988
s. 21(1)(f).
Stamps Act 1958
Act No. 6375/1958
to the said paragraph (2)(b) in respect of a
consideration which is equal to the difference
between the estimated amount and the reestimated amount, notwithstanding that the
difference may not exceed the rate of $130
per annum.
(6) Notwithstanding anything to the contrary in this
section, in respect of a second or subsequent
production of a duly stamped part of a lease under
sub-section (4) any reference to the amount
estimated under sub-section (2) or sub-section
(3)(b) shall be read and construed as a reference to
the amount of rent last re-estimated by the
Comptroller to be payable under sub-section (5)
over the full term of the lease.
(7) For the purposes of this section "rent" includes
any amount payable in respect of a lease being an
amount which is unascertainable at the time of the
execution of the lease but which, if at the time it
had been ascertainable, would have constituted
part of the rent.
AB-26/5/98
177
Stamps Act 1958
Act No. 6375/1958
s. 84
(9) Instrument of Settlement
Nos 5204
ss 83–90,
6104
ss 4(1)(b), 12,
24, 26, 27.
84. Definition
In this subdivision, unless inconsistent with the
context or subject-matter, "settlor" includes any
agent of or trustee or person acting for a settlor or
for any one or more of two or more settlors.
85. Payment
(1) The stamp duty upon any instrument of settlement
shall be paid to the Comptroller of Stamps and
denoted by an impressed stamp and shall be
payable by the settlor.
Pt 2 Div. 3
Subdiv. (9)
(Heading and
ss 84–91)
amended by
Nos 6502 s. 2,
6791 ss 11(a)–
(d), 12,
13(a)(b), 14,
6910
ss 5(a)(b), 6,
7276 s. 10,
7585 s. 5,
7762 s.
21(a)(b), 7830
ss 6, 7(a)(b),
8006 s. 6,
8203 s. 2(a),
8274 s. 20,
9065 s. 2(2),
9427 s. 6,
9541
ss 3(a)(b), 4,
S.
84
substituted
by
substituted
No. 9662 by
No.
9662
s. 10(1).
s. 10(1).
S. 85
substituted by
No. 9662
s. 10(1).
(2) The stamp duty upon any instrument of settlement
shall be paid within three months after the
execution of the instrument by the settlor.
*
AB-26/5/98
*
*
178
*
*
Ss 86–91
repealed by
No. 9662
s. 10(1).
Stamps Act 1958
Act No. 6375/1958
s. 95
*
Nos 5204
ss 91–93,
6104 s. 31.
Pt 2 Div. 3
Subdiv. (10)
(Heading and
ss 92–94)
amended by
Nos 6791
s. 15, 7317
s. 8(a)(b), 9413
s. 10, 9427
s. 6, 9662
ss 19(k),
23(v)(w),
10087 s. 3(1),
repealed by
No. 10256
Pt
2 Div. 3
s. 17(a).
Subdiv. (11)
(Heading)
substituted by
No. 9208
s. 3(m).
No. 5204 s. 94.
*
*
*
*
(11) Insurance and Assurance Business
95. Definitions
For the purposes of this Part, unless inconsistent
with the context or subject-matter—
S. 95 def. of
"annual
licence"
repealed by
No. 9208
s. 3(a)(i).
*
S. 95 def. of
"accident
compensation business"
inserted by
No. 50/1993
s. 113(1)(a).
*
*
*
*
"accident compensation business" means—
(a) the issuing of insurance policies by
authorised insurers for the purposes of
the Accident Compensation
(WorkCover Insurance) Act 1993;
(b) the business of insurance undertaken by
the Victorian WorkCover Authority for
the purpose of providing accident
insurance within the meaning of section
AB-26/5/98
179
Stamps Act 1958
Act No. 6375/1958
s. 95
20A of the Accident Compensation
Act 1985;
"assurance or insurance business" means—
(a) the granting or issuing of any assurance
or insurance policies other than policies
of life assurance and insurance against
damage by hail to cereal and fruit crops;
(b) the acceptance either directly or
indirectly of any premium renewal
premium or consideration for or in
respect of the granting or issuing or
keeping alive or in force of any
assurance or insurance policy to which
paragraph (a) applies;
(c) the receiving of any letter or declaration
of interest attaching to any such policy
issued at any time in Victoria or
elsewhere; and
S. 95 def. of
"assurance or
insurance
business"
substituted by
No. 6450
s. 2(1) (as
amended by
No. 6489 s. 4),
amended by
Nos 6552
s. 2(1)(a),
88/1986
s. 15(1)(a),
28/1988
s. 8(a)(i),
17/1993
s. 5(1)(a),
50/1993
s. 113(1)(b).
(d) the carrying out by means of assurance
or insurance effected out of Victoria of
any written verbal or implied contract
or undertaking to effect any such
assurance or insurance—
*
but does not include transport assurance or
insurance or accident compensation business
of assurance or insurance of a hull of a
floating vessel which is used primarily for
commercial purposes;
*
*
*
*
"firm of persons" includes any association of
underwriters carrying on marine assurance or
AB-26/5/98
180
S. 95 def. of
"employers'
liability
insurance"
repealed by
No. 6552
s. 2(1)(b).
Stamps Act 1958
Act No. 6375/1958
s. 95
insurance business through a managing
underwriter solely;
S. 95 def. of
"marine
assurance or
insurance"
inserted by
No. 6450
s. 2(1) (as
amended by
No. 6489 s. 4),
substituted by
No. 88/1986
s. 15(1)(b).
"marine assurance or insurance" means
assurance or insurance of a hull of a floating
vessel other than a hull of a vessel which is
used primarily for commercial purposes;
S. 95 def. of
"motor car"
inserted by
No. 6450
s. 2(1)(as
amended by
No. 6489 s. 4),
repealed by
No. 28/1988
s. 8(a)(ii).
*
*
*
*
*
S. 95 def. of
"motor
vehicle"
inserted by
No. 28/1988
s. 8(a)(ii),
repealed by
No. 17/1993
s. 5(1)(b).
*
*
*
*
*
S. 95 def. of
"motor car
insurance"
inserted by
No. 6450
s. 2(1) (as
amended by
No. 6489 s. 4),
substituted by
No. 6552
s. 2(1)(c),
repealed by
No. 28/1988
s. 8(a)(iii).
*
*
*
*
*
AB-26/5/98
181
Stamps Act 1958
Act No. 6375/1958
*
*
*
s. 95
*
*
"policy" includes as well as any policy any
instrument in the nature of a policy an open
policy an insurance cover or any instrument
in any manner covering any insurance or
assurance;
"registered company" means a company, person
or firm of persons which or who is for the
time being registered or deemed to be
registered under this subdivision;
S. 95 def. of
"registered
company"
inserted by
No. 9208
s. 3(a)(ii).
"transport assurance or insurance" means
assurance or insurance of goods or
merchandise, or of the freights on goods or
merchandise, carried by railway, road,
vehicle, aeroplane or sea;
S. 95 def. of
"transport
assurance or
insurance"
inserted by
No. 6450
s. 2(1) (as
amended by
No. 6489 s. 4),
amended by
No. 88/1986
s. 15(1)(c).
"workers compensation insurance" means
accident insurance or indemnity which
indemnifies—
S. 95 def. of
"workers
compensatio
n insurance"
inserted by
No. 10118
s. 8(1),
substituted by
No. 10191
s. 276,
amended by
No. 50/1993
s. 113(1)(C).
(a) an employer against liability in relation
to workers compensation under the
Workers Compensation Act 1958 or
under any other Act or at common law
or otherwise;
AB-26/5/98
S. 95 def. of
"motor
vehicle
insurance"
inserted by
No. 28/1988
s. 8(a)(iii),
repealed by
No. 17/1993
s. 5(1)(b).
S. 95 def. of
"policy"
amended by
No. 65/1988
s. 21(1)(g).
182
Stamps Act 1958
Act No. 6375/1958
s. 96
(b) the Victorian WorkCover Authority
against liability under Part IV of the
Accident Compensation Act 1985; or
(c) a self-insurer within the meaning of the
Accident Compensation Act 1985
against liability in relation to workers
compensation under that or any other
Act or at common law or otherwise.
No. 5204 s. 95.
S. 96
amended by
Nos 6450
s. 2(2) (as
amended by
No. 6489 s. 4),
6552 s. 2(2),
9059 s. 2(1),
substituted by
No. 9208 s. 2.
96. Companies etc. carrying on insurance business to be
registered
S. 96(1)
amended by
Nos 9662
s. 23(x), 10089
s. 4(1).
(1) A company, person or firm of persons whether
corporate or unincorporate (which expression in
this subdivision includes the State Insurance
Office established by the State Insurance Office
Act 1984) shall not in Victoria carry on or hold
itself or himself out in any way as carrying on any
assurance or insurance business whether the head
office or principal place of business of such
company, person or firm of persons is in Victoria
or elsewhere unless it or he is registered or
deemed to be registered under this subdivision.
Penalty:
50 penalty units.
(2) The Comptroller of Stamps shall register any
company, person or firm of persons which or who
applies in the prescribed form or in a form to the
like effect for registration under this subdivision.
(3) A company, person or firm of persons which or
who was the holder of an annual licence under
subdivision (11) of Division 3 of Part II of the
Principal Act as in force immediately before the
AB-26/5/98
183
Stamps Act 1958
Act No. 6375/1958
s. 97
commencement of the Stamps Act 1978 at any
time during the year 1978 shall be deemed to be
registered under this subdivision.
(4) A registered company which ceases to carry on
assurance or insurance business in Victoria may
by notice in or to the effect of the prescribed form
given to the Comptroller of Stamps cancel its
registration under this subdivision and any such
cancellation shall take effect on the lodging of the
return required to be lodged and the payment of
the duty payable on that return under this
subdivision on or before the twenty-first day of the
next succeeding calendar month.
97. Returns and payments of duty to Comptroller of
Stamps
(1) A company, person or firm of persons which or
who is deemed to be registered under section
96(3) shall—
(a) on or before the 21st day of January 1979
lodge with the Comptroller of Stamps a
return in the prescribed form verified in the
prescribed manner showing the total amount
of all premiums chargeable with stamp duty
under this subdivision received by that
company, person or firm of persons during
the year 1978; and
(b) pay in cash to the Comptroller of Stamps an
amount equal to 7 per centum of eighttwelfths of the amount of all premiums
chargeable with stamp duty under this
subdivision received by that company,
person or firm of persons during the year
1978.
AB-26/5/98
184
No. 5204 s. 96.
S. 97
substituted by
No. 9208 s. 2.
Stamps Act 1958
Act No. 6375/1958
s. 97
(2) A registered company shall on or before the
twenty-first day of each calendar month after the
31st day of January 1979 and before February
1985 and each calendar month after July 1985—
S. 97(2)
amended by
Nos 10118
s. 8(2)(a),
10191 s. 276.
(a) lodge with the Comptroller of Stamps a
return in the prescribed form verified in the
prescribed manner showing the total amount
of all premiums chargeable with stamp duty
under this subdivision received by that
company during the last preceding calendar
month; and
S. 97(2)(b)
amended by
No. 76/1992
s. 30(1)(a).
S. 97(2A)
inserted by
No. 10118
s. 8(2)(b),
amended by
No. 10191
s. 276.
(b) pay in cash to the Comptroller of Stamps as
stamp duty on the return an amount equal to
10 per centum of the amount of all premiums
chargeable with stamp duty under this
subdivision received by that company, during
the last preceding calendar month.
(2A) A registered company shall, on or before the 21st
day of each calendar month after January 1985
and before August 1985—
(a) lodge with the Comptroller of Stamps a
return in the prescribed form verified in the
prescribed manner showing—
S. 97(2A)(a)(i)
amended by
No. 10191
s. 276.
(i) the total amount of premiums for
workers compensation insurance in
respect of policies issued, renewed or
taken out on or after 1 January 1985
and before four o'clock in the afternoon
on 30 June 1985; and
(ii) the total amount of all other
premiums—
chargeable with stamp duty under this
subdivision received by the company during
the last preceding calendar month; and
AB-26/5/98
185
Stamps Act 1958
Act No. 6375/1958
s. 97
(b) pay in cash to the Comptroller of Stamps as
stamp duty on the return—
(i) an amount equal to 3·5 per centum of
the amount of premiums for workers
compensation insurance in respect of
policies issued, renewed or taken out on
or after 1 January 1985 and before four
o'clock in the afternoon on 30 June
1985; and
S. 97(2A)(b)(i)
amended by
No. 10191
s. 276.
(ii) an amount equal to 7 per centum of the
amount of premiums for other
insurance—
chargeable with stamp duty under this
subdivision received by the company during
the last preceding calendar month.
(3) Where a registered company does not, in respect
of a month, in accordance with this section, lodge
with the Comptroller of Stamps a return and pay
an amount due not later than the 21st day of the
succeeding month, an amount of 10 per centum of
that amount due is a debt due and payable by that
registered company to Her Majesty and may be
recovered in accordance with this Act.
(3A) The Comptroller of Stamps may, if he thinks fit,
mitigate or remit a debt payable under sub-section
(3).
(4) The Treasurer may, by an instrument in writing
under his hand, determine that section 97(1) shall
have effect in relation to any company, person or
firm of persons named in the instrument as if for
the 21st day of January 1979 there were
substituted in that section a later date.
(5) The Treasurer may, as a condition of making a
determination under sub-section (4), require the
company, person or firm of persons to undertake
AB-26/5/98
186
S. 97(3)
amended by
No. 9662
s. 23(y),
substituted by
No. 9991
s. 11(1).
S. 97(3A)
inserted by
No. 9991
s. 11(1).
Stamps Act 1958
Act No. 6375/1958
s. 97
to pay in cash to the Comptroller of Stamps from
time to time such amounts as are specified in the
instrument on account of the liability of that
company, person or firm of persons that will arise
on the date specified in the instrument.
(6) The Treasurer may, on or before the 1st day of
January 1980, vary any determination made by an
instrument under sub-section (4) and the
instrument as so varied shall have effect
accordingly.
(7) The Treasurer shall not make a determination
under sub-section (4) unless the Comptroller of
Stamps has certified that he is satisfied that the
company, person or firm of persons would not be
able at any time during the calendar year 1979 to
satisfy the requirements of the Insurance Act 1973
of the Commonwealth as in force on the 31st
December 1978 in relation to the excess of its
assets over its liabilities by reason only of its
liability under sub-section (1).
(8) The Treasurer shall forward to the Insurance
Commissioner of the Commonwealth a copy of
any instrument in writing by which a
determination under sub-section (4) has been
made.
S. 97(8A)
inserted by
No. 65/1988
s. 8(1).
(8A) Where the Comptroller of Stamps is satisfied that,
in the circumstances in a particular case, it is not
reasonable to require returns to be lodged by a
registered company in each month, the
Comptroller may agree to accept returns at such
times and relating to such periods as the
Comptroller thinks fit.
S. 97(8B)
inserted by
No. 65/1988
s. 8(1).
(8B) An agreement under sub-section (8A) may be
cancelled by the Comptroller of Stamps by notice
in writing given to the registered company.
AB-26/5/98
187
Stamps Act 1958
Act No. 6375/1958
s. 98
(9) A company, person or firm of persons which or
who is guilty of an offence against section 96(1)
shall in addition to any other penalty that may be
imposed be liable to pay a penalty equal to double
the amount of any duty that would have been
payable if it or he had been registered under this
subdivision.
No. 5204 s. 97.
98. Premiums
(1) For the purposes of this subdivision—
(a) a reference to premiums is a reference to the
gross premiums including any commissions
or discounts; and
S. 98
substituted by
No. 9208 s. 2.
S. 98(1)(a)
substituted by
No. 65/1987
s. 7.
(b) a reference to any amount received by a
company, person or firm of persons includes
a reference to any amount that is credited or
charged in any manner in the books of
account of such company, person or firm of
persons.
(2) A registered company may in a notice or
document relating to a premium due or to be paid
in respect of any policy—
(a) set out as a separate part of the amount
required to be paid—
(i) in relation to a premium for workers
compensation insurance in respect of
policies issued, renewed or taken out on
or after 1 January 1985 and before four
o'clock in the afternoon on 30 June
1985—an amount designated as stamp
duty being an amount not exceeding 3·5
AB-26/5/98
188
S. 98(2)
substituted by
Nos 9413
s. 11, 10118
s. 8(3),
amended by
No. 76/1992
s. 30(2)(b) (as
amended by
No. 17/1993
s. 12).
S. 98(2)(a)(i)
amended by
No. 10191
s. 276.
Stamps Act 1958
Act No. 6375/1958
s. 98
per centum of the premium payable;
and
S. 98(2)(a)(ii)
amended by
No. 76/1992
s. 30(2)(a).
(ii) in relation to any other premium—an
amount designated as stamp duty being
an amount not exceeding 10 per centum
of the premium payable; or
(b) include in the amount required to be paid an
amount on account of stamp duty being an
amount not exceeding—
S. 98(2)(b)(i)
amended by
No. 10191
s. 276.
(i) in relation to a premium for workers
compensation insurance in respect of
policies issued, renewed or taken out on
or after 1 January 1985 and before four
o'clock in the afternoon on 30 June
1985—an amount on account of stamp
duty being an amount not exceeding
3·382 per centum of the amount of
premium payable; or
S. 98(2)(b)(ii)
amended by
No. 76/1992
s. 30(2)(b) (as
amended by
No. 17/1993
s. 12).
(ii) in relation to any other premium—an
amount on account of stamp duty being
an amount not exceeding 9·091 per
centum of the amount of premium
payable—
and any such amount designated as stamp
duty or being an amount not greater than
3·382 per centum or 9·091 per centum, as the
case may be, of the amount of the premium
shall not be regarded as part of the premium
chargeable with duty under this subdivision.
(3) Notwithstanding any other provisions of this
subdivision no duty shall be chargeable in respect
of any premium paid or payable to or in relation
to—
AB-26/5/98
189
Stamps Act 1958
Act No. 6375/1958
s. 98
(a) a registered company, by a registered
company which has paid duty in respect of
that premium under this subdivision;
(b) any private guarantee fidelity insurance
scheme promoted amongst and sustained
solely for the benefit of the officers and
servants of any one particular public
department company firm or person, and not
extended either directly or indirectly beyond
such officers and servants;
(c) any scheme referred to in paragraph (b)
promoted amongst and sustained solely for
the benefit of the officers and members of
any registered friendly society or branch, and
not extended either directly or indirectly
beyond such officers and members;
(d) any insurance or assurance business carried
on by a registered friendly society or by an
association or company which in the opinion
of the Comptroller—
(i) carries on only those types of insurance
or assurance business which are carried
on by a registered friendly society; and
(ii) is operated substantially in the same
way and for the same purposes as is a
registered friendly society;
(e) any insurance or assurance business carried
on by an organisation registered under Part
VI of the National Health Act 1953 of the
Commonwealth as amended and in force for
the time being, being business relating to the
provision of hospital benefits or medical
benefits, or both, whether or not other
benefits are also provided.
AB-26/5/98
190
S. 98(3)(e)
inserted by
No. 65/1988
s. 8(2).
Stamps Act 1958
Act No. 6375/1958
s. 99
(4) A failure to comply with any provision of this
subdivision does not render any contract of
insurance or assurance illegal or invalid.
No. 5204 s. 98.
99. Premiums on which stamp duty payable
S. 99
amended by
Nos 6450
s. 2(3) (as
amended by
No. 6489 s. 4),
6552 s. 2(3),
substituted by
No. 9208 s. 2.
(1) For the purposes of section 97 the premiums
chargeable with stamp duty shall be—
S. 99(1)(a)
amended by
No. 88/1986
s. 15(1)(d).
(a) all premiums for assurance or insurance
business other than marine assurance or
insurance business—
(i) received by any company person or
firm or any branches or agencies thereof
for business transacted in Victoria; or
(ii) received in Victoria by any company,
person or firm or any branches or
agencies thereof—
except premiums so received for assurance
or insurance risks out of Victoria; and
S. 99(1)(b)
amended by
No. 88/1986
s. 15(1)(d).
(b) all premiums received in Victoria by any
company, person or firm or any branches or
agencies thereof for marine assurance or
insurance business transacted in Victoria.
(2) In a case where the head office or the head office
for Australia or Australasia of a company, person
or firm is in Victoria a mere notation in the books
at such head office of premiums received by or at
any branch or agency of the company, person or
firm shall not of itself be deemed to be a receipt of
premiums in Victoria by the company, person or
firm.
AB-26/5/98
191
Stamps Act 1958
Act No. 6375/1958
(3) For the purposes of section 97, premiums for
workers compensation insurance in respect of the
issue, renewal or taking out of policies that take
effect at or after four o'clock in the afternoon on
30 June 1985 or the extension of which takes
effect from that time or received after that time in
respect of liabilities incurred before 1 October
1985 are not chargeable with stamp duty.
(4) Where a premium is payable after four o'clock in
the afternoon on 30 June 1985 for workers
compensation insurance in respect of the issue,
renewal, taking out or extension of a policy for a
period commencing before, and expiring after,
that date, the amount of stamp duty chargeable on
the premium shall be calculated in accordance
7PS
with the formula
where—
200A
s. 99
S. 99(3)
inserted by
No. 10191
s. 276,
amended by
No. 65/1987
s. 8.
S. 99(4)
inserted by
No. 10191
s. 276.
P is the amount of the premium;
S is the number of days before 1 July 1985 to
which the insurance relates;
A is the total number of days to which the
insurance relates.
(5) Where a registered company paid an amount in
respect of stamp duty in respect of a premium for
workers compensation insurance in respect of a
period commencing before and ending after four
o'clock in the afternoon on 30 June 1985, the
registered company may apply to the Comptroller
of Stamps in writing in the form approved by the
Comptroller for a rebate or refund of stamp duty
calculated—
(a) if the stamp duty was paid at the rate of 3·5
per centum of the premium, in accordance
7PT
with the formula
; and
207A
AB-26/5/98
192
S. 99(5)
inserted by
No. 10191
s. 276,
substituted by
No. 10256
s. 11(1).
Stamps Act 1958
Act No. 6375/1958
s. 99
(b) if the stamp duty was paid at the rate of 7 per
centum of the premium, in accordance with
7PT
the formula
—
207A
where—
P is the gross amount of the premium
(including any stamp duty paid or
commission or discount allowed);
T is the number of days after 30 June 1985 to
which the insurance relates and in respect of
which the premium has been paid;
A is the total number of days to which the
insurance relates.
S. 99(6)
inserted by
No. 10191
s. 276,
repealed by
No. 10256
s. 11(1).
*
S. 99(7)
inserted by
No. 10191
s. 276,
substituted by
No. 10256
s. 11(2).
*
*
*
*
(7) Where an application is made in accordance with
sub-section (5)—
(a) if the application is for a rebate, the amount
of the rebate shall be deducted from the
amount payable as stamp duty on a return
lodged with the Comptroller of Stamps under
section 97(2) or, if the amount of the rebate
exceeds that amount of stamp duty, from the
amount so payable on two or more returns;
and
(b) if the application is for a refund, the
Comptroller of Stamps shall make a refund
to the applicant accordingly.
AB-26/5/98
193
Stamps Act 1958
Act No. 6375/1958
s. 104
(8) A person who paid to a registered company an
amount in respect of stamp duty in respect of a
premium, being an amount that the registered
company is entitled to have refunded or rebated to
it under this section, may apply in writing to the
registered company for a refund by the registered
company to that person of that amount.
(9) A registered company to which an application is
made under sub-section (8) shall, out of moneys
refunded or rebated to it under sub-section (5) in
respect of the premium, refund to the applicant the
amount paid in respect of stamp duty paid to the
registered company by the applicant in respect of
that premium.
*
*
*
*
*
104. Duty on open policies
If the amount of premium payable or chargeable in
account or paid or charged in account in respect of
any letters or declarations of interest in or
attaching to any policy or insurance cover or any
open policy is not stated therein, the amount of
premium on which duty is payable shall be
estimated and determined by the Comptroller of
Stamps.
105. Power to summon and examine witnesses
(1) The Comptroller of Stamps may summon any
chairman director manager secretary actuary
accountant or clerk or any officer or person
whatever to give evidence or testimony respecting
any statement made in any return or as to any
matter or thing respecting which the Comptroller
of Stamps desires information in order to enable
AB-26/5/98
194
S. 99(8)
inserted by
No. 10191
s. 276,
amended by
No. 10256
s. 11(3)(a).
S. 99(9)
inserted by
No. 10191
s. 276,
amended by
No. 10256
s. 11(3)(b).
Ss 100–103
repealed.12
No. 5204
s. 103.
S. 104
amended by
No. 6450
s. 2(8) (as
amended by
No. 6489 s. 4).
No. 5204
s. 104.
S. 105(1)
amended by
No. 9208
s. 3(c)(i)(ii).
Stamps Act 1958
Act No. 6375/1958
s. 110
him to determine the duty payable under this
subdivision.
(2) Such person may be required by such summons to
bring before the Comptroller of Stamps any books
papers deeds documents or writings in his
possession or control material to the subjectmatter of inquiry.
(3) The person so summoned shall attend and produce
such books papers deeds documents or writings
before the Comptroller of Stamps.
(4) It shall be lawful for the Comptroller of Stamps to
examine on oath every person so summoned.
S. 105(5)
amended by
Nos 9208
s. 3(d), 9662
s. 23(2).
(5) Every person who being duly summoned fails or
neglects to appear before the Comptroller of
Stamps at the time and place appointed for the
purpose, or appears but refuses to be sworn or to
answer any lawful question, and every person
having the custody control or possession of any
such books papers deeds documents or writings
who upon being summoned as aforesaid fails or
neglects to produce the same at the time and place
named in such summons, shall be liable to a
penalty of not more than 10 penalty units to be
recovered by the Comptroller of Stamps.
Ss 106–109
repealed.13
Nos 5204
s. 109, 6102
s. 35.
*
*
*
*
*
110. Stamp duty payable on certain policies on marine
risks
S. 110(1)
amended by
Nos 6450
s. 2(11) (as
amended by
No. 6489 s. 4),
9208
s. 3(e)(i)(ii),
88/1986
s. 15(1)(e)(ii).
(1) Every company person or firm of persons whether
corporate or unincorporate not being a registered
company which or who—
(a) assures or insures, or enters into any
agreement or undertaking to assure or insure,
AB-26/5/98
195
Stamps Act 1958
Act No. 6375/1958
s. 110
or in any way acts as agent for the assurance
or insurance with;
(b) effects an assurance or insurance with; or
(c) makes a declaration (including any letter of
advice or other document advising or relating
to any marine assurance or insurance or risk)
under any open or valued policy issued by—
S. 110(1)(c)
amended by
No. 88/1986
s. 15(1)(e)(i).
any company person or firm of persons outside
Victoria, whether carrying on business within
Victoria or not, for marine assurance or insurance
shall within one month after effecting any such
insurance or assurance agreement undertaking or
declaration lodge with the Comptroller a return in
or to the effect of the prescribed form containing
such particulars and information as to the
assurance or insurance as may be prescribed.
AB-26/5/98
(2) Every return under sub-section (1) is liable to
stamp duty at the rate of 10 per centum of the
amount of any premium paid or payable in respect
of that assurance or insurance but no company,
person or firm of persons shall be liable to pay
more than $55 000 in any one calendar year in
respect of duty under this section.
S. 110(2)
amended by
No. 9065 s. 6,
substituted by
No. 9208
s. 3(e)(iii),
amended by
No. 76/1992
s. 30(1)(b).
(3) Upon lodging the return under sub-section (1) the
person who lodges the return shall pay in cash to
the Comptroller of Stamps the amount of stamp
duty payable under the last preceding sub-section.
S. 110(3)
substituted by
No. 9208
s. 3(e)(iv).
(4) Where a person does not lodge a return in
accordance with this section, an amount of 10 per
centum of the amount of stamp duty that would
have been due on that return is a debt due and
payable by that person to Her Majesty and may be
recovered in accordance with this Act.
S. 110(4)
substituted by
No. 9208
s. 3(e)(iv),
amended by
No. 9662
s. 23(aa),
substituted by
No. 9991
s. 11(2).
196
Stamps Act 1958
Act No. 6375/1958
s. 110A
(5) The Comptroller of Stamps may, if he thinks fit,
mitigate or remit a debt payable under sub-section
(4).
S. 110(5)
inserted by
No. 9991
s. 11(2).
S. 110A
inserted by
No. 7830 s. 8.
110A. Duty to be payable by insured in certain
circumstances
S. 110A(1)
amended by
Nos 9208
s. 3(f), 9991
s. 11(3).
(1) Every company person or firm of persons whether
corporate or unincorporate not being a registered
company which or who obtains effects or renews
outside Victoria or with a company, person or firm
of persons, whether corporate or unincorporate,
which or who is not a registered company any
assurance or insurance which relates in whole or
in part to any property in Victoria or against any
risk contingency or event occurring in Victoria
shall within one month after obtaining effecting or
renewing the assurance or insurance lodge with
the Comptroller a return in or to the effect of the
prescribed form containing such particulars and
information as to the assurance or insurance as
may be prescribed.
S. 110A(2)
amended by
Nos 8157
s. 6(3), 8465
s. 6(3),
76/1992
s. 30(1)(c).
(2) Every return under sub-section (1) is liable to
stamp duty at the rate of 10 per centum of the
amount of any premium whatsoever paid or
payable in respect of the assurance or insurance
referred to in sub-section (1) and for the purposes
of this sub-section premium shall be the gross
premium paid or payable in respect of that
assurance or insurance, including any commission
or discount allowed:
S. 110A(2)
Proviso
amended by
No. 76/1992
s. 30(1)(c).
Provided that the Comptroller may allow a rebate
of stamp duty at the rate of 10 per centum of such
proportion of the said premium as is in his opinion
properly attributable to the assurance or insurance
of property outside Victoria or of risks,
contingencies or events occurring outside
Victoria.
AB-26/5/98
197
Stamps Act 1958
Act No. 6375/1958
(3) Upon lodging the return under sub-section (1) the
person who lodges the return shall pay in cash to
the Comptroller of Stamps the amount of stamp
duty payable under the last preceding sub-section.
S. 110A(3)
amended by
No. 9208
s. 3(g).
(4) Where a person does not lodge a return in
accordance with this section, an amount of 10 per
centum of the amount of stamp duty that would
have been due on that return is a debt due and
payable by that person to Her Majesty and may be
recovered in accordance with this Act.
S. 110A(4)
amended by
Nos 9208
s. 3(h), 9662
s. 23(ab),
substituted by
No. 9991
s. 11(4).
(4A) The Comptroller of Stamps may, if he thinks fit,
mitigate or remit a debt payable under sub-section
(4).
(5) This section does not apply to accident
compensation business or insurance against
damage by hail to cereal and fruit crops or to
marine insurance or to any assurance or insurance
in respect of which a policy of life insurance is
required to be made out under the next succeeding
subdivision.
110B. Undertaking by unregistered company etc.
(1) A company, person or firm of persons whether
corporate or unincorporate which or who is not a
registered company and is not required to be
registered under this subdivision may give an
undertaking in accordance with the prescribed
form and manner to the Comptroller of Stamps in
respect of such premiums received by it or him
and at such times as it or he would be required to
make payments if it or he were required to be
registered under this subdivision.
(2) Where the Comptroller of Stamps receives an
undertaking under sub-section (1), he shall
AB-26/5/98
s. 110B
198
S. 110A(4A)
inserted by
No. 9991
s. 11(4).
S. 110A(5)
amended by
Nos 88/1986
s. 15(1)(f),
28/1988
s. 8(b),
17/1993
s. 5(2),
50/1993
s. 113(2).
S. 110B
inserted by
No. 9991
s. 11(5).
Stamps Act 1958
Act No. 6375/1958
s. 111
determine whether or not to accept the
undertaking.
(3) Where the Comptroller accepts an undertaking
from a company, person or firm under sub-section
(1) the company, person or firm shall be deemed
to be a registered company, during the period
during which the undertaking has effect in
accordance with sub-section (4).
(4) An undertaking accepted by the Comptroller of
Stamps under this section has effect from the date
on which he accepts the undertaking until—
(a) the company, person or firm by notice in
writing given to the Comptroller of Stamps
withdraws the undertaking; or
(b) the Comptroller of Stamps by notice in
writing given to the company, person or firm,
withdraws his acceptance of the undertaking.
Nos 5204
s. 110, 6104
s. 36.
111. Refund of overpaid duty14
S. 111
substituted by
No. 9208
s. 3(i).
S. 111(1)
substituted by
No. 76/1992
s. 36,
repealed by
No. 104/1993
s. 41(1)(b).
*
*
*
*
*
S. 111(1A)
inserted by
No. 76/1992
s. 36,
repealed by
No. 104/1993
s. 41(1)(b).
*
*
*
*
*
(2) Where the Comptroller is of the opinion that it is
unduly onerous to require a company, person or
AB-26/5/98
199
Stamps Act 1958
Act No. 6375/1958
s. 111A
firm of persons to furnish returns within the times
prescribed by this Act he may by notice in writing
vary the time by which that company person or
firm of persons is required to furnish returns under
this Part and the company person or firm of
persons shall while that notice remains unrevoked
furnish returns accordingly.
(3) The Comptroller may at any time by notice in
writing revoke any notice given under sub-section
(2).
(4) The duty paid on a return under this subdivision
shall be denoted on the return by a cash register
receipt imprint.
(11A) Policies of Life Insurance
111A. Definitions
In this subdivision unless inconsistent with the
context or subject-matter—
"policy of life insurance" means a policy of
insurance or assurance upon any life or lives
or upon any event or contingency relating to
or depending upon any life or lives except a
policy of insurance against accident;
"policy of insurance against accident" means a
policy of insurance for any payment agreed
to be made upon the death of any person only
from accident or violence or otherwise than
from a natural cause or as compensation for
personal injury.
AB-26/5/98
200
Pt 2 Div. 3
Subdiv. (11A)
(Heading and
ss 111A–
111D)
inserted by
No. 7204
s. 7(b).
S. 111A
inserted by
No. 7204
s. 7(b).
Stamps Act 1958
Act No. 6375/1958
s. 111B
S. 111B
inserted by
No. 7204
s. 7(b).
111B. Policies of life insurance to be dutiable
S. 111B(1)
amended by
No. 9662
s. 23(ac).
(1) Every person who—
(a) receives or takes credit for any premium or
consideration for any contract of life
insurance, and does not, within three months
after receiving or taking credit for such
premium or consideration, make out and
execute a duly stamped policy of such
insurance;
(b) makes, executes, or delivers out, or pays or
allows in account, or agrees to pay or allow
in account any money upon or in respect of,
any policy of life insurance which is not duly
stamped—
shall be guilty of an offence and liable to a penalty
of not more than 2 penalty units and in addition a
penalty of not more than double the amount of
duty that would have been payable on that policy.
(2) Any person who in consideration of any premium,
sum of money, or other valuable consideration,
paid, furnished or provided by any person in
Victoria, makes or enters into any contract of life
insurance for or on behalf of any insurer outside
Victoria shall forthwith issue to any person for
whose benefit the insurance is to operate in
Victoria a note or memorandum of the transaction
in the prescribed form stamped with the duty
which would be chargeable thereon if it were a
policy of insurance and any policy subsequently
issued for such consideration shall be deemed to
be exempt from stamp duty if a duly stamped note
or memorandum of the transaction has been issued
as aforesaid.
AB-26/5/98
201
Stamps Act 1958
Act No. 6375/1958
(3) When a policy of life insurance or any document
stampable as such is issued outside Victoria, then
it shall be stamped with the prescribed duty within
ten days after it is received in Victoria, and any
person who has or keeps in his possession, or
avails himself of any such policy or document
which is not so stamped shall be guilty of an
offence against this subdivision and liable to a
penalty of not more than 2 penalty units and in
addition a penalty of not more than double the
amount of duty that would have been payable on
that policy.
s. 111C
S. 111B(3)
amended by
No. 9662
s. 23(ad).
This sub-section does not apply to a policy or
document which depends upon the life of a person
who was at the time the policy or document was
issued domiciled outside Victoria.
111C. Certain additional benefits to be disregarded
In determining the sum insured by any policy of
life insurance any additional amount payable
under the policy in the event of the insured dying
as the result of an accident shall be disregarded.
111D. Special provisions for payment of duty by approved
insurers
(1) The Governor in Council may by Order published
in the Government Gazette declare any person
who carries on the business of life insurance to be
an "approved insurer" for the purposes of this
subdivision and the Governor in Council may in
like manner at any time revoke any such
declaration.
(2) An approved insurer shall not be liable for the
payment of stamp duty as aforesaid in respect of
policies of life insurance entered into after he has
been declared an approved insurer but shall be
liable for the payment of stamp duty in respect of
AB-26/5/98
202
S. 111C
inserted by
No. 7204
s. 7(b).
S. 111D
inserted by
No. 7204
s. 7(b).
Stamps Act 1958
Act No. 6375/1958
s. 111D
such policies of life insurance in accordance with
the following provisions of this section.
(3) Every approved insurer shall—
(a) furnish to the Comptroller of Stamps not
later than the fourteenth day of each month a
statement in duplicate in the prescribed form;
and
(b) pay in cash to the Comptroller of Stamps as
stamp duty on that statement a sum equal to
the aggregate amount of stamp duty which
would have been payable in respect of all
policies of life insurance entered into by him
during the last preceding month if each such
policy had been charged with duty under the
foregoing provisions of this subdivision.
(4) It shall not be necessary for the Comptroller of
Stamps to give a receipt for such a payment which
shall be denoted on the original statement by an
impressed stamp.
(5) The statement so stamped—
(a) shall be returned to the approved insurer;
(b) shall be retained by him for a period of at
least three years; and
(c) shall at any reasonable time during the said
period be produced by him for inspection on
demand by the Comptroller of Stamps or by
an officer authorized in writing by the
Comptroller for the purpose whether
generally or in a particular case.
(6) Where duty has been paid under this section in
respect of any policy of life insurance such policy
shall be deemed to be a duly stamped policy for
the purposes of this subdivision.
AB-26/5/98
203
Stamps Act 1958
Act No. 6375/1958
(11B) Transport Accident Charges
111E. Definitions
In this sub-division—
s. 111E
Pt 2 Div. 3
Subdiv. (11B)
(Heading and
ss 111E–
111G)
inserted by
No. 17/1993
s. 6.
S. 111E
inserted by
No. 17/1993
s. 6.
"transport accident charge" means a transport
accident charge applicable to a motor vehicle
under Part 7 of the Transport Accident Act
1986 and payable to the Commission on or
after 1 June 1993;
"Commission" means the Transport Accident
Commission;
"Fund" means the Transport Accident Fund.
111F. Returns by Commission
(1) The Commission—
(a) must, on or before 9 June 1993—
(i) lodge with the Comptroller of Stamps a
return in a form approved by the
Comptroller showing the total amount
of transport accident charges paid into
the Fund on or before 5 June 1993,
whether before or after the
commencement of section 6 of the
Stamps (Amendment) Act 1993; and
(ii) pay in cash out of the Fund to the
Comptroller as stamp duty on the return
an amount equal to 9·091 per centum of
that amount; and
AB-26/5/98
204
S. 111F
inserted by
No. 17/1993
s. 6.
Stamps Act 1958
Act No. 6375/1958
s. 111F
(b) must, on or before each succeeding
Wednesday—
(i) lodge with the Comptroller a return in a
form approved by the Comptroller
showing the total amount of transport
accident charges paid into the Fund
during the week ending on the
preceding Saturday; and
(ii) pay in cash out of the Fund to the
Comptroller as stamp duty on the
return—
(A) an amount equal to 9·091 per
centum of transport accident
charges payable before 1 July
1993 and included in that return;
and
(B) an amount equal to 10 per centum
of transport accident charges
payable on or after 1 July 1993
and included in that return.
(2) If the Commission does not lodge a return and pay
an amount due in accordance with sub-section (1),
an amount of 20 per centum of that amount due is
a debt due and payable to the Crown and may be
recovered in accordance with this Act.
(3) The Comptroller of Stamps may, if he or she
thinks fit, mitigate or remit a debt payable under
sub-section (2).
(4) If the Comptroller of Stamps is satisfied that, in
the circumstances in a particular case, it is not
reasonable to require returns to be lodged by the
Commission in each week, the Comptroller may
agree to accept returns at such times and relating
to such periods as the Comptroller thinks fit.
AB-26/5/98
205
Stamps Act 1958
Act No. 6375/1958
111G. Commission to keep records
The Commission—
(a) must keep or cause to be kept sufficient
books to enable the Commission to calculate
accurately the total amount of transport
accident charges which are to be set out in
the weekly statements required to be
submitted to the Comptroller under this subdivision; and
s. 111G
S. 111G
inserted by
No. 17/1993
s. 6.
(b) must keep those books available for
inspection for at least 3 years from the week
to which each such return relates or for such
shorter period as the Comptroller determines
in any particular case.
(11C) Superannuation Funds
111H. Definitions
In this subdivision—
"complying approved deposit fund" means a
fund which is a complying ADF within the
meaning of section 267 of the Income Tax
Assessment Act 1936 of the Commonwealth;
"complying pooled superannuation trust"
means a trust which is a pooled
superannuation trust within the meaning of
section 267 of that Act;
"complying superannuation fund" means a
fund which is a complying superannuation
fund within the meaning of section 267 of
that Act.
AB-26/5/98
206
Pt 2 Div. 3
Subdiv. (11C)
(Heading and
ss 111H, 111I)
inserted by
No. 119/1994
s. 29.
S. 111H
inserted by
No. 119/1994
s. 29.
Stamps Act 1958
Act No. 6375/1958
s. 111I
S. 111I
inserted by
No. 119/1994
s. 29.
111I. Exemption from duty
The following are exempt from duty—
(a) an instrument which contains or amends
provisions governing a superannuation fund,
an approved deposit fund or a pooled
superannuation trust, being a fund or trust
which, in the opinion of the trustees, will be
a complying superannuation fund, a
complying approved deposit fund or a
complying pooled superannuation trust
within 12 months after the instrument, or
amending instrument, takes effect;
(b) an instrument under which an employer
agrees to participate in or contribute to a
complying superannuation fund or a
superannuation fund which, in the opinion of
the trustees, will become a complying
superannuation fund within 12 months after
the employer agrees to participate in or
contribute to the fund;
(c) an instrument which the Comptroller of
Stamps is satisfied is an agreement to convey
or a conveyance of property between
superannuation funds (which, in the opinion
of the respective trustees, will be complying
superannuation funds or complying approved
deposit funds for the year in which the
conveyance occurs) in connection with a
person's ceasing to be a member of, or
otherwise ceasing to be entitled to benefits in
respect of, the transferor fund and becoming
a member of, or otherwise becoming entitled
to benefits in respect of, the transferee fund.
AB-26/5/98
207
Stamps Act 1958
Act No. 6375/1958
s. 112
(12) Betting Instruments
112. Definitions
In this subdivision unless inconsistent with the
context or subject-matter—
Nos 5204
s. 111, 5741
s. 15(c).
*
S. 112 def. of
"Authority"
repealed by
No. 10256
s. 12(a)(i).
"automatic recorder" means equipment in
respect of which an approval under section
115 is in force;
S. 112 def. of
"automatic
recorder"
inserted by
No. 10118
s. 9(1).
*
*
*
*
"backer" includes any person with whom a
bookmaker bets;
"bet" includes wager and "betting" includes
wagering;
"betting-book", except in section 117, includes a
record of a bet or of the issue of a betting
ticket, by means of an automatic recorder;
S. 112 def. of
"bettingbook"
inserted by
No. 65/1987
s. 9(1).
"betting-ticket" includes any document or thing
purporting to be or usually or commonly
known as a betting-ticket or giving or
purporting to give or usually or commonly
understood to give any right title chance
share interest authorization or permission in
or in connexion with any bet;
"bookmaker" includes any person who (whether
on his own account or as employee or agent
of any other person) carries on the business
or vocation of or acts as a bookmaker or turf
commission agent or any person who gains
AB-26/5/98
208
S. 112 def. of
"bookmaker"
amended by
Nos 6791
s. 16(a),
73/1996
s. 92(a)(i),
48/1998
s. 14.
Stamps Act 1958
Act No. 6375/1958
s. 112
or endeavours to gain his livelihood wholly
or partly by betting or making wagers;
"bookmaker's certificate" means certificate of
registration as a bookmaker issued under the
Racing Act 1958 and in force, but excludes
a bookmaker's temporary certificate;
"bookmaker's clerk's certificate" means
certificate of registration as a bookmaker's
clerk issued under the Racing Act 1958 and
in force;
S. 112 def. of
"bookmaker's
course
agent's
certificate"
inserted by
No. 6791
s. 16(b),
repealed by
No. 73/1996
s. 92(a)(ii).
*
*
*
*
*
"bookmaker's statement" means bookmaker's
statement required by this subdivision to be
furnished to the Comptroller of Stamps;
"bookmaker's temporary certificate" means
certificate of registration as a bookmaker
issued under the Racing Act 1958 in relation
to a substitute licence or substitute permit
and in force;
S. 112 def. of
"club"
amended by
No. 8181
s. 2(1).
"club" has the same meaning as in section three
of the Lotteries Gaming and Betting Act
1966;
S. 112 def. of
"future
double"
inserted by
No. 6791
s. 16(c).
"future double" means a bet made by the
nomination of a combination of two horses
on the chance that such horses shall fill first
places in any two races other than races to be
decided at the same race meeting or on the
same day;
AB-26/5/98
209
Stamps Act 1958
Act No. 6375/1958
s. 112
"promoter" has the same meaning as in section
thirty of the Lotteries Gaming and Betting
Act 1966;
"race-course" has the same meaning as in section
three of the Lotteries Gaming and Betting
Act 1966;
S. 112 def. of
"race course"
amended by
No. 8181
s. 2(1).
"race-meeting" has the same meaning as in
section three of the Lotteries Gaming and
Betting Act 1966 and includes a "picnic
race-meeting" and a "mixed sports
gathering" as defined in the Racing Act
1958;
S. 112 def. of
"racemeeting"
amended by
No. 8181
s. 2(1).
"racing club" means club association society or
body of persons corporate or unincorporate
formed for promoting or controlling horseracing pony-racing or harness-racing or for
holding race-meetings;
S. 112 def. of
"racing club"
amended by
No. 10256
s. 12(a)(ii).
*
AB-26/5/98
S. 112 def. of
"promoter"
amended by
No. 8181
s. 2(1).
*
*
*
*
S. 112 def. of
"shooting
contest"
amended by
No. 7047 s. 4,
repealed by
No. 9991
s. 12(a).
"sports" has the same meaning as in section
thirty of the Lotteries Gaming and Betting
Act 1966;
S. 112 def. of
"sports"
amended by
No. 8181
s. 2(1).
"sports ground" has the same meaning as
"ground" has in section thirty of the
Lotteries Gaming and Betting Act 1966.
S. 112 def. of
"sports
ground"
amended by
No. 8181
s. 2(1).
210
Stamps Act 1958
Act No. 6375/1958
s. 115
S. 113
amended by
Nos 6791
s. 17 (as
amended by
No. 6867 s. 2),
10256
s. 12(b)(i)–(iii),
125/1986
s. 6(3),
repealed by
No. 65/1988
s. 9(a).
S. 114
amended by
No. 7332 s. 2,
repealed by
No. 65/1988
s. 9(a).
Nos 5204
s. 114, 5741
s. 15(e).
*
*
*
*
*
*
*
*
*
*
115. Automatic recorder
(1) The Comptroller of Stamps—
S. 115
repealed by
No. 9991
s. 12(b), new
s. 115
inserted by
No. 10118
s. 9(2).
(a) may approve, for the purposes of this
subdivision, equipment by which bets may
be recorded and betting-tickets issued; and
(b) may revoke any such approval.
(2) Notice of an approval, or revocation of an
approval, under sub-section (1) shall be published
in the Government Gazette.
S. 115A
inserted by
No. 10118
s. 9(2).
115A. Approval to use automatic recorder
(1) A bookmaker may make application in writing to
the Comptroller of Stamps for approval to use an
automatic recorder.
(2) The Comptroller of Stamps may, subject to such
terms and conditions as the Comptroller thinks fit,
approve an application under sub-section (1).
AB-26/5/98
211
Stamps Act 1958
Act No. 6375/1958
s. 115B
115B. Penalty for unauthorized use of automatic recorder
A person shall not issue betting-tickets by means
of an automatic recorder unless an approval for
that person to use the automatic recorder under
section 115A is in force.
*
*
*
*
*
117. Betting-tickets and betting-books
(1) A bookmaker who makes a bet with a person on a
race-course or, as the case may be, on a sports
ground where the amount wagered by the backer
is paid to the bookmaker at the time the bet is
made—
S. 115B
inserted by
No. 10118
s. 9(2).
S. 116
amended by
No. 10118
s. 9(3)(a),
repealed by
No. 65/1988
s. 9(a).
Nos 5204
s. 121, 5566
s. 2(2)(a), 5741
s. 15(g), 5793
s. 6(1)(a)–(c).
S. 117(1)
amended by
No. 6791
s. 18(a)(b),
substituted by
No. 10118
s. 9(3)(b).
(a) shall forthwith—
(i) write out a betting-ticket in respect of
each such bet; and
(ii) cancel the betting-ticket in the manner
prescribed and issue the ticket to the
backer; or
(b) in the case of a bookmaker in respect of
whom an approval under section 115A is in
force, shall comply with paragraph (a) or
forthwith issue a betting-ticket by means of
an automatic recorder.
(1A) The writing or denoting of more than one future
double on a betting-ticket as prescribed for that
purpose shall be deemed to be sufficient
compliance with sub-section (1).
AB-26/5/98
212
S. 117(1A)
inserted by
No. 10118
s. 9(3)(b).
Stamps Act 1958
Act No. 6375/1958
s. 117
(2) A betting-ticket shall—
S. 117(2)
substituted by
No. 10118
s. 9(3)(b).
(a) be in the form and of such size and colour
and be numbered as prescribed; or
(b) in the case of a betting-ticket issued by
means of an automatic recorder, be in the
prescribed form and be numbered as
prescribed.
S. 117(3)
repealed by
No. 65/1988
s. 9(a).
*
S. 117(4)
substituted by
Nos 6791
s. 18(c), 10118
s. 9(3)(c).
*
*
*
*
(4) In respect of bets made or placed by or on behalf
of a bookmaker on race-courses or sports grounds
(whether the amount wagered by the backer is or
is not then paid to the bookmaker) the
bookmaker—
(a) shall—
(i) forthwith enter in a betting-book or
cause a clerk employed in that behalf to
enter forthwith in a betting-book the
prescribed particulars with respect to
every bet made by the bookmaker, other
than future double bets; and
(ii) keep in respect of each future double
bet made by or on behalf of the
bookmaker the duplicate copy as
prescribed of the betting-ticket written
and cancelled pursuant to this section
and lodge the duplicate copy with the
Comptroller of Stamps with
bookmakers' statements as provided in
this subdivision; or
(b) in the case of a bookmaker in respect of
whom an approval under section 115A is in
force, shall comply with paragraph (a) or—
AB-26/5/98
213
Stamps Act 1958
Act No. 6375/1958
s. 117
(i) forthwith record by means of an
automatic recorder the prescribed
particulars with respect to each bet
made by the bookmaker other than
future double bets; and
(ii) keep in respect of each future double
bet made by or on behalf of the
bookmaker a record as prescribed of the
betting-ticket being a record issued by
means of an automatic recorder and
lodge that record with the Comptroller
of Stamps with bookmakers' statements
as provided in this subdivision.
(4A) The requirements of sub-sections (1) to (4) with
respect to the writing out or issuing of bettingtickets, other than future double betting tickets, do
not apply to bets made with persons not present on
the race-course by a method of communication
approved under section 86A of the Racing Act
1958.
(5) Every such betting-book shall be in the prescribed
form and the regulations shall regulate the use of
such betting-books and shall prescribe the part or
parts of betting-books and of records of bets or of
the issue of betting tickets by means of an
automatic recorder which shall be lodged with the
Comptroller of Stamps with bookmakers'
statements as hereinafter provided.
S. 117(5)
amended by
Nos 65/1987
s. 9(2),
27/1995
s. 12(a).
(6) Every bookmaker who—
S. 117(6)
amended by
No. 9662
s. 23(ae)(i).
(a) fails to enter forthwith or fails to cause any
clerk employed as aforesaid to enter
forthwith in the betting-book of such
bookmaker the prescribed particulars with
AB-26/5/98
S. 117(4A)
inserted by
No. 37/1994
s. 234.
214
S. 117(6)(a)
amended by
No. 6791
s. 18(d).
Stamps Act 1958
Act No. 6375/1958
s. 117
respect to every bet made by such
bookmaker otherwise than future double bets
(whether the amount wagered by the backer
is or is not then paid to the bookmaker); or
(b) knowingly makes any false entry in such
betting-book—
and every clerk employed aforesaid by a
bookmaker who—
S. 117(6)(c)
amended by
No. 6791
s. 18(d).
(c) fails to enter forthwith in the betting-book of
such bookmaker the prescribed particulars
with respect to every bet made by such
bookmaker otherwise than future double bets
(whether the amount wagered by the backer
is or is not then paid to the bookmaker); or
(d) knowingly makes any false entry in such
betting-book—
shall be liable to a penalty of not more than 10
penalty units or to imprisonment for a term of not
more than six months.
S. 117(7)
amended by
No. 9662
s. 23(ae)(ii).
(7) Every person who without the authority of the
Comptroller of Stamps (the proof of which
authority shall lie on the defendant) makes or sells
or supplies or has in his possession without lawful
excuse any book or paper purporting to be a
betting-book or part of a betting-book in the
prescribed form or simulating or resembling such
a betting-book or part of such a book shall be
guilty of an offence and liable to a penalty of not
more than 10 penalty units or to imprisonment for
a term of not more than six months.
AB-26/5/98
215
Stamps Act 1958
Act No. 6375/1958
(8) Every bookmaker or person employed by or acting
for a bookmaker who—
(a) uses as a betting-book any book or paper
other than a betting-book in the prescribed
form; or
s. 117
S. 117(8)
amended by
No. 9662
s. 23(ae)(iii).
S. 117(8)(a)
amended by
No. 27/1995
s. 12(b).
(b) contravenes or fails to comply with the
provisions of any regulation relating to the
use of betting-books—
shall be guilty of an offence and liable to a penalty
of not more than 10 penalty units.
(8A) A bookmaker in respect of whom an approval
under section 115A is in force, or a person
employed by or acting for such a bookmaker, is
not guilty of an offence under sub-section (6) or
(8) by reason only of failing to enter or cause to be
entered in a betting-book particulars with respect
to a bet if the bookmaker complies with subsection (4)(b) in respect of that bet.
S. 117(8A)
inserted by
No. 10118
s. 9(3)(d).
(9) Every bookmaker shall when so required by the
Comptroller of Stamps produce to the said
Comptroller for examination and for retention by
the said Comptroller for as long as he deems
necessary any betting-book or future double
betting-tickets and duplicates thereof.
S. 117(9)
amended by
Nos 6791
s. 18(e),
27/1995
s. 12(c).
(10) A bookmaker in respect of whom an approval
under section 115A is in force shall, when so
required by the Comptroller of Stamps, produce to
the Comptroller for examination and for retention
by the Comptroller for as long as the Comptroller
deems necessary, any records made by the
bookmaker by means of an automatic recorder.
S. 117(10)
repealed by
No. 9991
s. 12(c), new
s. 117(10)
inserted by
No. 10118
s. 9(3)(e).
AB-26/5/98
216
Stamps Act 1958
Act No. 6375/1958
s. 118
Nos 5204
s. 122, 5793
s. 6(1)(d), 6104
s. 37.
118. Production and inspection of betting-tickets etc.
S. 118(1)
amended by
No. 10118
s. 9(3)(f).
(1) Any officer authorized by the Comptroller of
Stamps in writing for the purpose (whether
generally or in any particular case) may on
showing such authorization require any
bookmaker or any of his employés at any
reasonable time or at any place to produce for
inspection any betting-tickets whether written out
or not, automatic recorder or any betting-books or
other documents relating to betting transactions
(including any race-book card paper or thing
which the officer believes on reasonable grounds
to have been used to record any betting
transactions) in his possession or control and may
inspect and at his discretion impound or take any
extracts from any such ticket book or document.
(2) The Comptroller of Stamps and any officer
authorized by the Comptroller in writing for the
purpose (whether generally or in any particular
case) may on any day on which a race-meeting or
sports are held on any race-course or sports
ground enter any part of such race-course or sports
ground and may require from the proprietor
thereof or any servant or agent of the proprietor or
from any bookmaker or bookmaker's clerk any
assistance for the purpose of ascertaining whether
the provisions of this Act and the regulations are
being observed.
S. 118(3)
amended by
Nos 9662
s. 23(af),
10118
s. 9(3)(g).
(3) Every person who fails neglects or refuses to
produce for inspection any documents or
automatic recorder or to give any assistance when
so required pursuant to this section or who delays
or obstructs the Comptroller of Stamps or any
officer in carrying out his powers or duties under
AB-26/5/98
217
Stamps Act 1958
Act No. 6375/1958
s. 119
this subdivision shall be liable to a penalty of not
more than 10 penalty units or to imprisonment for
a term of not more than three months.
(4) Where the Comptroller of Stamps believes on
reasonable grounds that a bookmaker has failed,
neglected or refused to produce for inspection any
documents or automatic recorder or to give any
assistance when so required pursuant to this
section or has delayed or obstructed the
Comptroller of Stamps or any officer in carrying
out his powers or duties under this subdivision,
the Bookmakers and Bookmakers' Clerks
Registration Committee shall, if the Comptroller
of Stamps so directs, suspend the bookmaker's
certificate or bookmaker's temporary certificate for
the period of six months following the date of the
suspension or, where the certificate or temporary
certificate is already suspended, following the date
on which that suspension expires.
Nos 5204
s. 123, 5566
s. 2(1).
119. Weekly periods for betting tax purposes
(1) For the purposes of this subdivision each period of
seven days beginning with Monday and ending
with Sunday, both days inclusive, is referred to as
a weekly period.
*
AB-26/5/98
*
*
218
*
S. 118(4)
inserted by
No. 9991 s. 13,
amended by
No. 10118
s. 9(3)(h).
*
S. 119(1)
amended by
No. 49/1987
s. 26(a)(i)(ii).
S. 119(2)
repealed by
No. 10256
s. 12(c).
Stamps Act 1958
Act No. 6375/1958
s. 120
Nos 5204
s. 124, 5566
ss 2(2), 3, 4(1),
5741
s. 15(h)(i),
5793
ss 5(1)(a),
6(1)(e)(f), 6104
S.
120(1)
s. 38.
amended by
No. 49/1987
s. 26(b).
120. Bookmaker's statements
(1) Every bookmaker who as such during any weekly
period in any year makes any bet on any racecourse or on any sports ground shall before the
expiration of seven days after the termination of
such weekly period—
S. 120(1)(a)
amended by
No. 10118
s. 9(3)(i).
(a) furnish to the Comptroller of Stamps a
bookmaker's statement in the prescribed
form, signed by the bookmaker setting
forth—
S. 120(1)(a)(i)
amended by
Nos 6791
s. 19(a)(i),
8270 s. 2.
(i) the aggregates of the amounts wagered
by backers in all bets made by the
bookmaker as such—
at the Flemington race-course, the
Caulfield race-course, the Sandown
race-course, the Moonee Valley racecourse, the Royal Showgrounds racecourse at Ascot Vale, the Olympic Park
greyhound racing sports ground and the
Sandown Park greyhound racing sports
ground; and
at all other race-courses and sports
grounds in Victoria—
respectively during the said weekly period
whether the amount wagered by the backer in
any such bet is or is not paid to the
bookmaker at the time the bet is made;
S. 120(1)(a)
(ii)–(iv)
repealed.15
*
AB-26/5/98
*
*
219
*
*
Stamps Act 1958
Act No. 6375/1958
(v) any other prescribed particulars;
(b) (except as provided in sub-section (3) of this
section) lodge with the Comptroller of
Stamps with the said statement—
s. 120
S. 120(1)(a)(v)
inserted by
No. 10118
s. 9(3)(i).
S. 120(1)(b)
substituted by
No. 6791
s. 19(a)(iii).
(i) the prescribed part or parts of all
betting-books used by such bookmaker
during the said weekly period; and
(ii) a duplicate copy of every betting-ticket
written out and cancelled by such
bookmaker or on his behalf in respect
of future double bets (if any) made by
him or on his behalf during the said
weekly period;
(c) pay to the Comptroller of Stamps the amount
of stamp duty payable upon such
bookmaker's statement—
and the Comptroller of Stamps shall denote in the
prescribed manner upon such bookmaker's
statement the amount of stamp duty so paid.
(1A) Where during any weekly period as aforesaid a
bookmaker makes any future double bet on any
race-course or on any sports ground the
bookmaker shall furnish the bookmaker's
statement required by the provisions of the last
preceding sub-section in two separate instruments
each in the prescribed form and signed by him
showing respectively in relation to future double
bets and to all bets other than future double bets
the several particulars required by the last
preceding sub-section to be furnished in relation
thereto.
AB-26/5/98
220
S. 120(1A)
inserted by
No. 6791
s. 19(b),
amended by
No. 73/1996
s. 92(b).
Stamps Act 1958
Act No. 6375/1958
s. 120
(2) For the purposes of this section—
(a) the amount of any bet which is cancelled or
called off in accordance with any relevant
rule practice or direction of a racing club or
sports promoter shall not be included in any
such aggregate; and
(b) a bet for a win and a place or a "double" or
"treble" or other similar bet shall be deemed
one bet only.
S. 120(3)
substituted by
No. 6791
s. 19(c),
amended by
No. 49/1987
s. 26(b).
(3) (a) Where during any weekly period in any year
a bookmaker—
(i) has not as such made any bets in
Victoria; or
(ii) has made bets in Victoria but has not
made bets of every class specified in his
certificate of registration as a
bookmaker—
he shall before the expiration of seven days
after the termination of such weekly period
furnish to the Comptroller of Stamps a
statement signed by him in respect of each
class of betting specified in his certificate of
registration as a bookmaker setting forth that
he has not during such weekly period in such
year made any bets of that class in Victoria;
(b) If a bookmaker duly furnishes such
statement, it shall not be necessary for him to
comply with the provisions of paragraph (b)
of sub-section (1) of this section in respect of
such weekly period, but if the Comptroller of
Stamps at any time by notice in writing
requires such bookmaker to produce his
betting-books and betting-tickets for
inspection and retention the bookmaker shall
comply with such requirements.
AB-26/5/98
221
Stamps Act 1958
Act No. 6375/1958
s. 120
(4) The Comptroller of Stamps may require any
bookmaker to furnish within such time as the said
Comptroller thinks fit such further or other
information or particulars (verified, if so required,
by statutory declaration) as the said Comptroller
considers necessary in order to satisfy himself of
the correctness or otherwise of any bookmaker's
statement or of any statement under the preceding
provisions of this section or of the entries in the
betting-book of the bookmaker, and the
bookmaker shall furnish the same accordingly.
(5) When the Comptroller of Stamps is satisfied, after
considering such further or other information or
particulars (if any) furnished to him as aforesaid,
that in respect of any bookmaker's statement
insufficient stamp duty has been paid or stamp
duty has been paid in excess he shall amend or
cause to be amended the bookmaker's statement
and shall denote in the prescribed manner on the
bookmaker's statement as amended any further
stamp duty which has become chargeable or may
refund any stamp duty which has been paid in
excess.
(6) (a) In the event of any bookmaker failing in
respect of any weekly period to furnish a
bookmaker's statement or a statement or to
lodge the prescribed part or parts of any
betting-book or the duplicate copies of all
betting-tickets in respect of future double
bets made by him or on his behalf as required
by this section, the Comptroller of stamps
shall assess the duty payable by such
bookmaker at a sum equal to double the
amount accounted for in any bookmaker's
statement previously submitted by him.
(b) Such sum shall be the amount of stamp duty
payable by the bookmaker for such weekly
AB-26/5/98
222
S. 120(6)(a)
amended by
No. 6791
s. 19(d).
Stamps Act 1958
Act No. 6375/1958
s. 120
period, unless he proves to the satisfaction of
the said Comptroller that the amount for
which the bookmaker is actually liable is less
than the said sum, in which case the duty
payable shall be assessed at such less
amount.
S. 120(7)
amended by
No. 9662
s. 23(ag)(i).
(7) Any bookmaker who with intent to evade the
payment of the whole or part of any stamp duty
payable for any weekly period by any means or
device evades or attempts to evade the payment of
such duty shall be liable to a penalty of not more
than 10 penalty units and in addition a penalty of
not more than double the amount of duty that
should have been paid, and in addition to such
penalty if the Comptroller of Stamps so directs the
Bookmakers and Bookmakers' Clerks Registration
Committee shall suspend his bookmaker's
certificate or bookmaker's temporary certificate
until such time as the Minister otherwise directs.
S. 120(8)
amended by
No. 9662
s. 23(ag)(ii).
(8) Any bookmaker in whose betting-book any
person, and any person who in the betting-book of
any bookmaker by any entry or by any other
means or device, procures or aids or attempts to
procure or aid the evasion of payment by such
bookmaker of any stamp duty shall be liable to a
penalty of not more than 10 penalty units and in
addition a penalty of not more than double the
amount of duty that should have been paid.
S. 120(9)
amended by
No. 9662
s. 23(ag)(iii).
(9) Any bookmaker who—
(a) is guilty of any contravention of or failure to
comply with any of the provisions of this
section or of any requirement of the
Comptroller of Stamps thereunder; or
(b) in any bookmaker's statement or statement
under this section or in answer to any such
requirement knowingly supplies any
AB-26/5/98
223
Stamps Act 1958
Act No. 6375/1958
s. 121
incorrect incomplete or misleading
information or particulars—
shall be guilty of an offence, and for every such
offence (where no penalty is expressly provided
therefor) shall be liable to a penalty of not more
than 10 penalty units.
(10) If any bookmaker is in default in furnishing in
respect of any weekly period a bookmaker's
statement or any statement under this section if the
Comptroller of Stamps so directs the Bookmakers
and Bookmakers' Clerks Registration Committee
shall suspend his bookmaker's certificate or
bookmaker's temporary certificate until such time
as the Minister on being satisfied that the default
is remedied otherwise directs.
121. Payment and recovery of stamp duties upon
bookmaker's statements
(1) The stamp duties payable upon any bookmaker's
statement, if not paid before the expiration of
seven days after the termination of the weekly
period in respect of which they are chargeable,
shall become a debt due and payable to Her
Majesty and may be recovered in accordance with
the provisions of this Act.
(2) If any such stamp duty is not paid to the
Comptroller of Stamps within the prescribed
time—
(a) an additional sum amounting to ten per
centum of the stamp duty unpaid shall be
payable by way of penalty; and
(b) if the Comptroller of Stamps so directs the
Bookmakers and Bookmakers' Clerks
Registration Committee shall suspend his
bookmaker's certificate or bookmaker's
AB-26/5/98
224
S. 120(10)
amended by
No. 6791
s. 19(e).
Nos 5204
s. 125, 5566
ss 2(2), 5(1),
5741 s. 15(f).
S. 121(1)
amended by
Nos 9019
s. 2(1), 9317
s. 5(a),
49/1987
s. 26(c).
Stamps Act 1958
Act No. 6375/1958
s. 121AA
temporary certificate until the stamp duty and
such additional sum are duly paid.
S. 121(3)
amended by
No. 27/1995
s. 13.
(3) Notwithstanding anything in the last preceding
sub-section the Comptroller of Stamps may where
good cause is shown for the delay forgo the whole
or any part of such additional sum.
S. 121(4)
amended by
No. 27/1995
s. 13.
(4) Upon the payment of the stamp duty and such
additional sum (so far as such additional sum has
not been forgone by the Comptroller of Stamps)
such bookmaker's certificate or bookmaker's
temporary certificate, unless the same has
otherwise ceased to operate, shall revive.
S. 121AA
inserted by
No. 65/1987
s. 10.
121AA. Production of betting-books
If—
(a) a bookmaker fails to comply with a
requirement under section 166AA to produce
any betting-book or any part of any bettingbook; and
(b) the Comptroller of Stamps so directs—
the Bookmakers and Bookmakers' Clerks
Registration Committee must suspend the
bookmaker's certificate or bookmaker's temporary
certificate until the betting-book or part is duly
produced or the Comptroller otherwise
determines.
S. 121A
inserted by
No. 10256
s. 12(d).
121A. Suspension of certificates
(1) This section applies where a bookmaker's
certificate or bookmaker's temporary certificate is,
by reason of a failure of the bookmaker to comply
with this Act, suspended for a specified period,
whether at the direction of the Comptroller of
Stamps or otherwise.
(2) If the certificate expires before the period for the
suspension expires and there is not in force any
AB-26/5/98
225
Stamps Act 1958
Act No. 6375/1958
s. 123
stay of the suspension, the Bookmakers and
Bookmakers' Clerks Registration Committee shall
not issue to the bookmaker another bookmaker's
certificate or bookmaker's temporary certificate
until the period for the suspension expires.
(3) If, by reason of an application to a court, the
suspension is stayed but the application to the
court is withdrawn or struck out or, on the hearing
of the application, the court upholds the decision
to suspend the certificate—
(a) any certificate held by the bookmaker at that
time is suspended for a period equal to the
period of the first suspension (less the period
after the commencement of that suspension
and before the stay of that suspension); and
(b) the Bookmakers' and Bookmakers' Clerks
Registration Committee shall not, during that
period of suspension, issue to the bookmaker
another bookmaker's certificate or
bookmaker's temporary certificate.
*
*
*
*
*
No. 5204
s. 128.
123. Penalties
Every bookmaker who is guilty of any
contravention of or failure to comply with any of
the provisions of this subdivision shall (save as
otherwise expressly provided) be liable to a
penalty of not more than 10 penalty units or to
imprisonment for a term of not more than six
months.
AB-26/5/98
S. 122
amended by
No. 9662
s. 23(ah),
repealed by
No. 65/1988
s. 9(a).
226
S. 123
amended by
No. 9662
s. 23(ai).
Stamps Act 1958
Act No. 6375/1958
s. 124
Nos 5204
s. 129, 5566
s. 10(2), 5793
s. 5(1)(b).
124. Frauds
Every person who practises or is concerned in any
fraudulent act contrivance or device not specially
provided for by law with intent to defraud Her
Majesty of any stamp duty under this subdivision
or heading XV of the Third Schedule shall be
guilty of an indictable offence and liable to
imprisonment for a term of not more than twelve
months.
S. 124
amended by
Nos 9576
s. 11(1),
65/1988
s. 9(b).
Nos 5204
s. 130, 5741
s. 15(k).
125. Returns by racing clubs etc.
No. 5204
s. 131.
126. Notice of sports meetings
The committee or other managing body of any
racing club conducting meetings on any racecourse and any person who has the management or
control of any race-course and the promoter of any
sports on any sports ground shall at the times and
in the manner prescribed forward to the
Comptroller of Stamps returns made by the
prescribed person setting out the names of the
bookmakers and bookmakers' clerks licensed or
permitted to carry on the business or vocation of a
bookmaker or (as the case requires) of a
bookmaker's clerk on such race-course or any part
thereof or, as the case may be, on such sports
grounds and such other particulars as are
prescribed.
(1) The promoter of any sports shall (not later than six
days prior to the date on which such sports are to
be held) give notice in the prescribed form to the
Comptroller of Stamps of the nature and date of
such sports.
S. 126(2)
amended by
No. 9662
s. 23(aj).
(2) Every such promoter who is guilty of any
contravention of or failure to comply with this
section shall be liable to a penalty of not more
than 10 penalty units.
AB-26/5/98
227
Stamps Act 1958
Act No. 6375/1958
127. Enforcement of penalties in case of racing clubs etc.
(1) Any penalty to which a racing club is liable under
this subdivision may (without prejudice to any
other method of enforcing the same) be enforced
against the secretary or the chairman thereof or
any member of the committee or other managing
body thereof.
s. 127
No. 5204
s. 132.
(2) Any penalty to which any promoter is liable under
this subdivision may (without prejudice to any
other method of enforcing the same) be enforced
against any person who is such a promoter or
against the secretary or chairman or any member
of the committee or other managing body of any
body corporate or unincorporate which is such
promoter.
128. When information for offence may be laid
A charge for any offence under this subdivision
may be filed at any time within three years from
and after the date on which the offence was
committed.
128A. Stamp duty on illegal bookmaking
(1) In this section—
"appropriate officer" means—
(a) in the case of the Supreme Court—the
Prothonotary;
(b) in the case of the County Court—the
Registrar; and
(c) in the case of the Magistrates' Court—
the registrar at the venue of the Court at
which the person is found guilty of
illegal bookmaking;
AB-26/5/98
228
No. 5204
s. 133.
S. 128
amended by
No. 57/1989
s. 3(Sch. item
184.8(a)(b)).
S. 128A
inserted by
No. 19/1986
s. 15.
S. 128A(1)
def. of
"appropriate
officer"
amended by
No. 57/1989
s. 3(Sch. item
184.9).
Stamps Act 1958
Act No. 6375/1958
s. 128A
"illegal bookmaking" means an offence against
section 18 or 23 or 66B of the Lotteries
Gaming and Betting Act 1966;
S. 128A(1) def.
of "illegal
bookmaking"
amended by
No. 77/1994
s. 6.
"stamp duty liability" means liability under subsection (4).
(2) If a person is found guilty of illegal bookmaking,
the appropriate officer of the court must send the
prescribed information in the prescribed form to
the Comptroller of Stamps.
(3) After receiving information sent under sub-section
(2), the Comptroller of Stamps must cause an
assessment to be made of the amount which, in the
Comptroller's judgment, is the person's stamp duty
liability.
(4) The stamp duty liability of a person found guilty
of illegal bookmaking is—
(a) if the person establishes to the Comptroller's
satisfaction the aggregate of the bets received
by the person during the year preceding the
date of the offence—2·25% of that amount;
or
(b) if the person does not establish to the
Comptroller's satisfaction the things
mentioned in paragraph (a)—2·25% of the
aggregate of the bets received by race-course
bookmakers who operated on the rails at the
Flemington race-course during the whole of
the year preceding the date of the offence
divided by the number of such bookmakers
who operated during the whole of that year.
(5) For the purposes of this Act, an assessment under
this section shall be deemed to be an assessment
under section 33(1).
AB-26/5/98
229
Stamps Act 1958
Act No. 6375/1958
s. 129
129. Subdivision not to operate so as to render lawful any
unlawful betting etc.
No. 5204
s. 135.
Nothing in this subdivision shall operate so as—
(a) to render lawful any betting or wagering in
any manner or in any place in which it is
unlawful; or
(b) to authorize the sending exhibiting or
publishing of or the causing to be sent
exhibited or published any letter circular
telegram placard handbill card writing or
notice which is unlawful.
130. Regulations
(1) The Governor in Council may make regulations
for or with respect to—
*
*
*
*
*
(b) the form size colour and numbering of
betting-tickets;
(c) the form of betting-books, the particulars to
be entered therein, the manner and form of
application therefor, the issue and use thereof
and the part or parts thereof to be lodged
with the Comptroller of Stamps with
bookmakers' statements as hereinbefore
provided;
(d) the cancellation of betting-tickets;
(e) returns provided for under this subdivision;
AB-26/5/98
230
Nos 5204
s. 136, 5566
s. 4(2), 5741
s. 15(l), 5793
s. 6(1)(g), 6104
s. 39.
S. 130(1)(a)
amended by
No. 10256
s. 12(e)(i)(ii),
repealed by
No. 65/1988
s. 9(c).
Stamps Act 1958
Act No. 6375/1958
s. 131
(f) the notification by bookmakers and
bookmakers' clerks of changes of their
addresses;
(g) the manner of denoting payment of duty
upon bookmakers' statements under this
subdivision and the form of and the
particulars to be contained in bookmakers'
statements; and
(h) all matters which by this subdivision are
required or permitted to be prescribed or
which are necessary or expedient to be
prescribed for giving effect to this
subdivision.
S. 130(2)
amended by
No. 9662
s. 23(ak).
(2) Any such regulations may prescribe a penalty of
not more than 5 penalty units for any
contravention of or failure to comply with any
such regulation.
(13) Counterpart of Instrument
Nos 5204
s. 137, 6104
s. 40.
131. Counterpart to be stamped as original instrument etc.
The counterpart of an instrument chargeable with
duty pursuant to the Third Schedule shall not be
deemed duly stamped unless—
(a) it is stamped as an original instrument; or
S. 131(b)
amended by
No. 65/1988
s. 10(1)(a).
(b) it is stamped with a particular stamp
denoting that the full and proper duty has
been paid upon the original instrument of
which it is the counterpart:
S. 131
Proviso
amended by
No. 65/1988
s. 10(1)(b).
Provided that notwithstanding anything in section
twenty-eight of this Act the counterpart of an
instrument chargeable with duty upon which
instrument the full and proper duty has been paid
may at any time without payment of any penalty
be endorsed with an endorsement denoting that
AB-26/5/98
231
Stamps Act 1958
Act No. 6375/1958
s. 131AA
such duty has been paid upon the original
instrument.
(13A) Rental Business
131AA. Definitions
(1) In this subdivision, unless inconsistent with the
context or subject-matter—
"goods" includes all chattels personal and
fixtures severable from the realty but does
not include money, livestock or things in
action;
AB-26/5/98
232
Pt 2 Div. 3
Subdiv. (13A)
(Heading and
ss 131AA–
131AF)
inserted by
No. 7500
s. 2(b),
amended by
Nos 7543 s. 2,
7585 s. 6,
7636 s. 2(a)–
(c), 7830
s. 9(a)–(c),
8006 ss 7,
8(1), 8129 s. 2,
8157
ss 10(1)(2),
12(1)(a)–(e)(2),
8465
ss 14(1)(a)(2),
9208 s. 4,
9502 s. 4,
9662 ss 14,
15(1)–(3),
23(al)–(ao),
9699
s. 23(Sch. 2),
9850 s. 95(1),
9991 ss 14–
17,
substituted as
Pt 2 Div. 3
Subdiv. (13A)
(Heading and
ss 131AA–
131AG) by
S.
No.131AA
10118
substituted
by
s. 10(1).
No. 10118
s. 10(1).
Stamps Act 1958
Act No. 6375/1958
s. 131AA
"hire purchase agreement" means an agreement
for the bailment of goods under which the
bailee may buy the goods or under which the
property in the goods may pass to the bailee
or under which any provision for credit of
payments is to be made in the event of a
subsequent purchase of the goods and where,
by virtue of two or more agreements (none of
which by itself constitutes a hire-purchase
agreement) there is such a bailment of goods,
the agreements shall be treated as a single
agreement;
S. 131AA(1)
def. of "hirepurchase
agreement"
inserted by
No. 65/1988
s. 11(1).
S. 131AA(1)
def. of
"prescribed
amount"
amended by
Nos 10256
s. 13(1)(a),
88/1986
s. 17(a)(b),
65/1987
s. 11(a),
42/1996
s. 26(1)(a).
"prescribed amount" in relation to a statement
under section 131AC means—
(a) where the statement relates to a month
before July 1985—$7500; and
(b) where the statement relates to a month
after June 1985 and before January
1986—$7500; and
(c) where the statement relates to a month
after December 1985 and before July
1986—$10 000; and
(d) where the statement relates to a month
after June 1986 and before July 1987—
$20 000; and
(e) where the statement relates to a month
after June 1987 and before January
1988—$10 000; and
(f) where the statement relates to a month
after December 1987 and before July
1988—$40 000; and
AB-26/5/98
233
Stamps Act 1958
Act No. 6375/1958
s. 131AA
(g) where the statement relates to a month
after June 1988 and before July 1996—
$80 000; and
(h) where the statement relates to a month
after June 1996 and before January
1997—$40 000;
"prescribed period" in relation to a statement
under section 131AC means—
(a) where the statement relates to a month
before July 1985—the period
commencing on 1 January 1985 and
ending on 30 June 1985;
(b) where the statement relates to a month
after June 1985 and before January
1986—the period of six months
commencing on 1 July 1985 and ending
on 31 December 1985;
(c) where the statement relates to a month
after December 1985 and before July
1986—the period of six months
commencing on 1 January 1986 and
ending on 30 June 1986;
(d) where the statement relates to a month
after June 1986 and before July 1987—
the period of twelve months
commencing on 1 July 1986 and ending
on 30 June 1987; and
(e) where the statement relates to a month
after June 1987 and before January
1988—the period of six months
commencing on 1 July 1987 and ending
on 31 December 1987; and
(f) where the statement relates to a month
after December 1987 and before July
1988—the period of six months
AB-26/5/98
234
S. 131AA(1)
def. of
"prescribed
period"
amended by
Nos 10256
s. 13(1)(b),
65/1987
s. 11(b),
42/1996
s. 26(1)(b).
Stamps Act 1958
Act No. 6375/1958
s. 131AA
commencing on 1 January 1988 and
ending on 30 June 1988; and
(g) where the statement relates to a month
after June 1988 and before July 1996—
the period of 12 months commencing
on 1 July 1988 or any succeeding 1 July
up to and including 1 July 1995; and
(h) where the statement relates to a month
after June 1996 and before January
1997—the period of 6 months
commencing on 1 July 1996;
"registered person" means a person who is
registered under this subdivision;
S. 131AA(1)
def. of "rental
agreement"
inserted by
No. 31/1997
s. 17(1).
"rental agreement" means an agreement for—
(a) letting, bailing or otherwise giving
rights to use goods other than books; or
(b) acquiring the rights of the lessor, bailor
or other disponer under any agreement
or arrangement for letting, bailing or
hiring of any goods other than books or
under any similar agreement or
arrangement with respect to the use of
goods other than books—
but does not include an agreement for the
right to use goods in conjunction with a lease
of, or licence to occupy or use, any real
property;
"rental business" means the business of—
(a) letting, bailing or otherwise giving
rights to use goods;
(b) acquiring the rights of the lessor, bailor
or other disponer under any agreement
or arrangement for the letting, bailing
or hiring of goods or under any other
AB-26/5/98
235
Stamps Act 1958
Act No. 6375/1958
s. 131AA
similar agreement or arrangement with
respect to the use of goods—
but does not include the business of giving to
any person the right to use goods in
conjunction with a lease of, or licence to
occupy or use, any real property;
"special rental agreement" means an agreement
for—
(a) letting, bailing or otherwise giving
rights to use goods other than books; or
S. 131AA(1)
def. of
"special rental
agreement"
amended by
No. 10256
s. 13(1)(c).
(b) acquiring the rights of the lessor, bailor
or other disponer under any agreement
or arrangement for letting, bailing or
hiring of goods other than books or
under any other similar agreement or
arrangement with respect to the use of
goods other than books—
where the aggregate amount paid or payable
under the agreement exceeds $266 667 but
does not include an agreement for the right to
use goods in conjunction with a lease of or
licence to occupy or use any real property or
an agreement under which the goods to
which it relates at any time may in whole or
in part be replaced by other goods or have
other goods added to them whether of the
same or a different class.
(2) A person is not required to register under this
subdivision by reason only of the fact that the
person acts as agent for, or is the employee of, a
person who carries on any rental business.
(3) A reference in this subdivision to a right to use
goods includes a reference to cases in which—
(a) the right to use the goods was granted in
Victoria; or
AB-26/5/98
236
S. 131AA(3)
inserted by
No. 31/1997
s. 17(2).
Stamps Act 1958
Act No. 6375/1958
s. 131AB
(b) any of the negotiations with respect to the
grant of the right to use the goods were
undertaken in Victoria; or
(c) the goods were delivered in Victoria to the
grantee of the right to use those goods.
S. 131AB
substituted by
No. 10118
s. 10(1).
131AB. Persons carrying on rental business to be registered
S. 131AB(1)
amended by
No. 65/1988
s. 11(2).
(1) A person to whom this section applies must not in
Victoria carry on any rental business (whether or
not the person carries on any other business) or
advertise or hold out in any way that the person
carries on any such business, whether the head
office or principal place of business of the person
is in Victoria or elsewhere, unless the person is
registered under this subdivision.
Penalty:
50 penalty units.
(2) A person, other than a corporation incorporated or
formed outside the Commonwealth of Australia
and the external Territories of the Commonwealth
who, in the course of any business, undertakes
negotiations in Victoria with the object of
transacting any rental business shall be deemed to
carry on rental business in Victoria whether the
person has an established place of business in
Victoria or not.
(3) The Comptroller of Stamps shall register any
person who applies, in the prescribed form, for
registration under this subdivision.
(4) A registered person who ceases to carry on rental
business in Victoria may by notice in the
prescribed form given to the Comptroller of
Stamps cancel the registration of the person under
this subdivision.
AB-26/5/98
237
Stamps Act 1958
Act No. 6375/1958
(5) In sub-section (1), "person to whom this section
applies" means a person who, in the month
preceding the month in which the question arises,
received in respect of rental business carried on by
the person in Victoria (whether or not the person
carries on any other business) an amount
exceeding $6000.
131AC. Statements to be lodged by registered persons with
Comptroller16
(1) A registered person, not later than the 21st day of
each calendar month, must lodge with the
Comptroller of Stamps a statement in the form
approved by the Comptroller showing—
(a) the total amount received during the
preceding month in respect of—
(i) rental agreements entered into before
1 January 1997 (other than hirepurchase agreements, special rental
agreements or rental agreements to
which paragraph (c) applies); and
(ii) rental agreements entered into on or
after 1 January 1997 (other than special
rental agreements or rental agreements
to which paragraph (c) applies); and
(b) the total amount received during the
preceding month in respect of—
(i) each special rental agreement entered
into before 1 January 1997; and
(ii) each special rental agreement entered
into on or after 1 January 1997; and
(c) the total amount received during the
preceding month in respect of—
AB-26/5/98
238
s. 131AC
S. 131AB(5)
inserted by
No. 65/1988
s. 11(3),
amended by
No. 42/1996
s. 26(2).
S. 131AC
substituted by
No. 10118
s. 10(1).
S. 131AC(1)
amended by
Nos 10256
s. 13(2),
103/1993
s. 5(1)(a)(b)(c),
119/1994
s. 27(a),
42/1996
s. 26(3)(a)(b),
substituted by
No. 31/1997
s. 17(3).
Stamps Act 1958
Act No. 6375/1958
s. 131AC
(i) rental agreements entered into before
1 January 1997 (other than hirepurchase agreements or special rental
agreements); and
(ii) rental agreements entered into on or
after 1 January 1997 (other than special
rental agreements)—
in respect of which stamp duty or duty of a
similar nature has been paid under a law of
the Commonwealth or of another State or of
a Territory, being duty paid at a rate that is
less than 1·5% in respect of agreements
referred to in sub-paragraph (i) and 0·75% in
respect of agreements referred to in subparagraph (ii).
S. 131AC(2)
amended by
No. 119/1994
s. 27(b),
substituted by
No. 31/1997
s. 17(3).
(2) A registered person must, not later than the 21st
day of each calendar month, pay in cash to the
Comptroller of Stamps—
(a) in respect of rental agreements referred to in
sub-section (1)(a)(i), an amount (if any)
determined in accordance with the following
formula—
1 ⋅ 5( A − $6000)
100
where A is the total amount referred to in
sub-section (1)(a)(i); and
(b) in respect of rental agreements referred to in
sub-section (1)(a)(ii)—
(i) if the total amount referred to in subsection (1)(a)(i) is equal to or greater
than $6000, an amount determined in
accordance with the following
formula—
AB-26/5/98
239
Stamps Act 1958
Act No. 6375/1958
0 ⋅ 75 B
100
where B is the total amount referred to
in sub-section (1)(a)(ii);
(ii) if the total amount referred to in subsection (1)(a)(i) is less than $6000, an
amount determined in accordance with
the following formula—
0 ⋅ 75[ B − ($6000 − A)]
100
where—
A is the total amount referred to in subsection (1)(a)(i); and
B is the total amount referred to in subsection (1)(a)(ii); and
(c) in respect of each special rental agreement—
(i) referred to in sub-section (1)(b)(i), an
amount equal to 1·5% of the amount
referred to in sub-section (1)(b)(i) or
$4000, (whichever is the lesser) or, if
an amount of duty has previously been
paid under this section in respect of the
special rental agreement, 1·5% of the
amount referred to in sub-section
(1)(b)(i) or the amount (if any) by
which $4000 exceeds the aggregate
amount of the duty previously paid
(whichever is the lesser); and
(ii) referred to in sub-section (1)(b)(ii), an
amount equal to 0·75% of the amount
referred to in sub-section (1)(b)(ii) or
$4000, (whichever is the lesser) or, if
an amount of duty has previously been
paid under this section in respect of the
AB-26/5/98
240
s. 131AC
Stamps Act 1958
Act No. 6375/1958
s. 131AC
special rental agreement, 0·75% of the
amount referred to in sub-section
(1)(b)(ii) or the amount (if any) by
which $4000 exceeds the aggregate
amount of the duty previously paid
(whichever is the lesser); and
(d) in respect of rental agreements referred to in
sub-section (1)(c)(i), an amount determined
by deducting the stamp duty or duty of a
similar nature paid under a law of the
Commonwealth or of another State or of a
Territory from an amount equal to 1·5% of
the total amount referred to in sub-section
(1)(c)(i); and
(e) in respect of rental agreements referred to in
sub-section (1)(c)(ii), an amount determined
by deducting the stamp duty or duty of a
similar nature paid under a law of the
Commonwealth or of another State or of a
Territory from an amount equal to 0·75% of
the total amount referred to in sub-section
(1)(c)(ii).
(3) The duty paid by the registered person shall be
denoted on the statement by a cash register receipt
imprint.
S. 131AC(3A)
inserted by
No. 65/1988
s. 11(4),
substituted by
No. 76/1992
s. 37,
repealed by
No. 104/1993
s. 41(1)(c).
*
AB-26/5/98
*
*
241
*
*
Stamps Act 1958
Act No. 6375/1958
*
*
*
s. 131AC
*
*
(4) Nothing in this subdivision shall require a
registered person to include in the statement
required to be submitted to the Comptroller of
Stamps by sub-section (1) an amount in respect
of—
S. 131AC(3B)
inserted by
No. 76/1992
s. 37,
repealed by
No. 104/1993
s. 41(1)(c).
(a) any transaction effected or evidenced by an
instrument to which subdivision (14) applies;
(aa)
17
a hire purchase agreement—
(i) that is a credit contract within the
meaning of the Consumer Credit
(Victoria) Code under which the
amount of credit does not exceed
$35 000; or
S. 131AC
(4)(aa)
inserted by
No. 65/1987
s. 13(2),
substituted by
No. 42/1996
s. 26(5).
(ii) that, but for the Consumer Credit
(Victoria) Act 1995, would have been
a credit contract within the meaning of
the Credit Act 1984 relating to a
commercial vehicle or farm machinery
(within the meaning of that Act);
(ab) rental business (other than special rental
agreements) in respect of which stamp duty
of a similar nature has been paid under a law
of the Commonwealth or of another State or
of a Territory at a rate that equals or exceeds
the rate referred to in sub-section (1)(b)(i);
(b) the grant of the right to the use of goods
beneficially owned by a corporation to
another corporation which is by virtue of
section 50 of the Corporations Law related to
that first-mentioned corporation; or
AB-26/5/98
242
S. 131AC
(4)(ab)
inserted by
No. 103/1993
s. 5(2).
S. 131AC(4)(b)
amended by
No. 119/1994
s. 33(9)(m).
Stamps Act 1958
Act No. 6375/1958
s. 131AD
(c) any business transacted by the registered
person outside Victoria if—
(i) none of the negotiations leading to the
transaction of the business took place in
Victoria; and
(ii) the goods obtained by the other party to
the transaction were obtained for the
purpose of being used exclusively
outside Victoria—
but a registered person shall supply to the
Comptroller of Stamps such particulars of
the matters referred to in this sub-section as
are prescribed or as are in any particular case
required by the Comptroller of Stamps.
S. 131AC(5)
inserted by
No. 31/1997
s. 17(4).
S. 131AD
substituted by
No. 10118
s. 10(1).
(5) This section, as amended by section 17(3) of the
State Taxation Acts (Amendment) Act 1997,
applies to a statement relating to January 1997 and
to each subsequent month and this section as in
force immediately before the commencement of
section 26(3) of the State Taxation (Further
Omnibus Amendment) Act 1996 applies to a
statement relating to a month preceding January
1997.
131AD. Registered persons to keep records
(1) A registered person—
(a) shall keep or cause to be kept in Victoria
sufficient books and records to enable the
person to calculate accurately the total
amounts which are to be set out in the
monthly statements required to be submitted
to the Comptroller of Stamps under this
subdivision; and
(b) shall keep those books and records as well as
all working papers used in making the
calculations available for inspection for a
AB-26/5/98
243
Stamps Act 1958
Act No. 6375/1958
s. 131AE
period of at least three years from the month
to which each such return relates or for such
shorter period as the Comptroller determines
in any particular case.
Penalty:
10 penalty units.
*
*
*
*
*
S. 131AD(2)
repealed by
No. 86/1997
s. 22(a).
*
*
*
*
*
S. 131ADA
inserted by
No. 8129
s. 2(2),
repealed by
No. 10118
s. 10(1).
S. 131AE
substituted by
No. 10118
s. 10(1).
131AE. Penalties
(1) Where a registered person does not, in respect of a
month, in accordance with section 131AC, or in
respect of another period, in accordance with
section 131AD, lodge with the Comptroller of
Stamps a statement and pay an amount due as
stamp duty not later than the 21st day of the
succeeding month or the time agreed in relation to
that period under section 131AD, an amount equal
to the amount due as stamp duty, together with
interest at the rate of 20 per centum per annum on
that amount from the date on which the payment
was due until payment or $25, whichever is the
greater is a debt due and payable by that registered
person to Her Majesty and may be recovered in
accordance with this Act.
(2) The Comptroller of Stamps may mitigate or remit
a debt payable under this section.
AB-26/5/98
244
S. 131AE(1)
amended by
Nos 10256
s. 13(3)(a)(b),
65/1988
s. 11(5).
Stamps Act 1958
Act No. 6375/1958
s. 131AF
S. 131AF
substituted by
No. 10118
s. 10(1).
131AF. Transactions with unregistered persons
(1) Where any person domiciled or resident in
Victoria transacts or offers to transact any
business with a person carrying on any rental
business (whether within or outside Victoria) who
is not a registered person the person shall
forthwith make a note or memorandum in writing
of the transaction or offer containing such
particulars as are prescribed.
(2) A note or memorandum made for the purposes of
sub-section (1) is chargeable with duty for the use
of Her Majesty at the rate of 1·5 per centum or
$4000, whichever is the lesser, of the amount that
is or will be payable for the use of the goods to
which the transaction relates but, where the
amount is not capable of being determined, the
person making the note or memorandum shall be
liable, in lieu of paying that duty on the note or
memorandum, to pay a duty of $0.10 by an
impressed stamp on the note or memorandum and
to pay not later than 31 March in each year further
duty on the note or memorandum at the rate of 1·5
per centum of the amount paid or payable in
respect of the use of goods during the year ending
on 31 January then last past.
(3) Notwithstanding sub-section (2), a person is not
liable to pay an aggregate amount exceeding
$4000 in respect of any special rental agreement.
(4) The duty shall be denoted on the note or
memorandum by an impressed stamp and shall be
paid by the person liable to make the note or
memorandum within seven days of the making of
the note or memorandum.
(5) A note or memorandum which is not stamped as
required by this section may be stamped on
payment of a penalty of double the amount of duty
AB-26/5/98
245
Stamps Act 1958
Act No. 6375/1958
s. 131AF
that should have been paid and a penalty of not
more than $1000.
(6) Any person who fails to comply with sub-section
(1) shall be liable to pay a penalty equal to double
the amount of the duty that would have been
payable if the person had made a note or
memorandum in writing of the transaction or offer
in compliance with the requirements of subsection (1).
(7) Notwithstanding anything in this section, a person
domiciled or resident in Victoria need not make a
note or memorandum of any business transacted
or offered to be transacted—
(a) if the total amount that is or will be payable
for the use of goods does not exceed $100 or
the grant of the right to the use of the goods
is for a period of fourteen days or less;
(b) with a person carrying on business outside
Victoria if—
(i) none of the negotiations leading to the
transaction of or to the offer to transact
the business were carried out in
Victoria; and
(ii) the goods obtained by him were
obtained for the purpose of being used
exclusively outside Victoria;
(c) with the Crown or any person acting on
behalf of the Crown whether in right of the
Commonwealth or any State of the
Commonwealth, except a body corporate
carrying on the business of banking; or
(d) which is not a grant of the right to use goods.
AB-26/5/98
246
S. 131AF(7)(c)
amended by
No. 88/1986
s. 18.
Stamps Act 1958
Act No. 6375/1958
s. 131AG
*
S. 131AFA
inserted by
No. 9991 s. 16,
repealed by
No. 10118
s. 10(1).
S. 131AG
inserted by
No. 8624
s. 2(2),
amended by
Nos 9065
s. 4(a)(b), 9699
s. 23, 9850
s. 97(a),
substituted by
No. 10118
s. 10(1).
*
*
*
*
131AG. Undertaking to pay duty
(1) A person carrying on any rental business (whether
within or outside Victoria) who is not a registered
person and is not required to be a registered
person may give an undertaking in accordance
with the prescribed form and manner to the
Comptroller of Stamps to make such payments to
the Comptroller of Stamps in respect of such
amounts and at such times as he would be
required to make payments if he were required to
be a registered person.
(2) Where the Comptroller of Stamps receives an
undertaking under sub-section (1), he shall
determine whether or not to accept the
undertaking.
(3) An undertaking accepted by the Comptroller of
Stamps under this section has effect from the date
on which it is so accepted until—
(a) the person by whom the undertaking was
given withdraws the undertaking by notice in
writing given to the Comptroller of Stamps;
or
(b) the Comptroller of Stamps, by notice in
writing given to the person, withdraws his
acceptance of the undertaking.
S. 131AG(4)
inserted by
No. 65/1987
s. 12.
(4) If an undertaking given by a person under this
section is accepted by the Comptroller, the person
is deemed for the purposes of section 131AF to be
a registered person unless the person withdraws
the undertaking in accordance with sub-section (3)
AB-26/5/98
247
Stamps Act 1958
Act No. 6375/1958
s. 131A
or the Comptroller withdraws his or her
acceptance of the undertaking in accordance with
that sub-section.
New Pt 2 Div.
3 Subdiv. (14)
(Heading and
ss 131A–
131G)
inserted by
No. 6450
s. 6(2) (as
amended by
No. 6489 s. 4).
(14) Instalment Purchase Agreements
131A. Definitions
In this subdivision unless inconsistent with the
context or subject-matter—
*
*
*
*
*
"goods" includes all chattels personal other than
money, livestock books and things in action,
and includes any fixture severable from the
realty;
AB-26/5/98
248
S. 131A
inserted by
No. 6450
s. 6(2) (as
amended by
No. 6849 s. 4).
S. 131A def. of
"credit
purchase
agreement"
substituted by
No. 6739
s. 6(1),
amended by
No. 7500
s. 3(a),
repealed by
No. 65/1987
s. 13(1)(a).
S. 131A def. of
"goods"
amended by
No. 6494
s. 3(a).
Stamps Act 1958
Act No. 6375/1958
*
S. 131A def. of
"hire
purchase
agreement"
amended by
Nos 6494
s. 3(b), 7500
s. 3(b),
repealed by
No. 65/1987
s. 13(1)(a).
*
*
*
*
S. 131A def. of
"instalment
purchase
agreement"
substituted by
No. 65/1987
s. 13(1)(b) (as
amended by
No. 65/1988
s. 24(1)(a)).
"instalment purchase agreement" means a
rental agreement;
S. 131A def. of
"purchase
price"
substituted by
No. 65/1987
s. 13(1)(c).
"purchase price" in relation to a rental
agreement means the price at which the
goods the subject-matter of the agreement
might have been purchased for cash at the
time of entering into the rental agreement;
S. 131A def. of
"purchaser"
amended by
No. 65/1987
s. 13(1)(d).
"purchaser" means the person to whom goods
are bailed or agreed to be bailed under an
instalment purchase agreement;
"rental agreement" means an agreement for the
bailment of goods under which the bailee
may after a specified number of instalments
of rent (not being less than two instalments)
have been paid in respect thereof continue
the bailment or from time to time renew the
bailment at a nominal rent or without any
further payment or on the payment of a
nominal periodical or other amount;
AB-26/5/98
249
Stamps Act 1958
Act No. 6375/1958
"vendor" means the person by whom goods are
bailed or agreed to be bailed under an
instalment purchase agreement.
131B. Imposition of duty on instalment purchase agreement
(1) Subject to this subdivision and to the exemptions
contained in the Heading "XIX INSTALMENT
PURCHASE AGREEMENT" in the Third
Schedule to this Act there shall be charged and
paid for the use of Her Majesty upon every
instrument of instalment purchase relating to any
instalment purchase agreement entered into after
the commencement of the Stamps (Amendment)
Act 1958 the duty specified in the said Schedule
under the said heading.
s. 131C
131B
S. 131A def. of
"vendor"
amended by
No. 65/1987
s. 13(1)(e).
S. 131B
inserted by
No. 6450
s. 6(2) (as
amended by
No. 6489 s. 4).
(2) Except as hereinafter provided the duty shall be
denoted by adhesive stamp and shall be paid by
the vendor who shall cancel the stamp:
Provided that where the vendor is a person not
bound by the provisions of this Act the liability to
pay duty on an instrument of instalment purchase
shall fall upon the purchaser and such duty shall
be denoted by impressed or adhesive stamp within
fifteen days of the execution of the instrument and
either party may cancel adhesive stamps.
131C. Declaration of "approved vendors"
(1) The Governor in Council may by Order published
in the Government Gazette declare any person
carrying on business as a vendor of goods under
instalment purchase agreements to be an
"approved vendor" for the purposes of this
subdivision and the Governor in Council may in
like manner at any time revoke any such
declaration.
AB-26/5/98
250
S. 131B(2)
Proviso
amended by
No. 6494 s. 4.
S. 131C
inserted by
No. 6450
s. 6(2) (as
amended by
No. 6489 s. 4).
Stamps Act 1958
Act No. 6375/1958
s. 131C
(2) An approved vendor shall not be liable for the
payment of stamp duty denoted by adhesive
stamps as aforesaid in respect of instalment
purchase agreements entered into after he became
an approved vendor, but shall be liable for the
payment of stamp duty in respect of all such
agreements in accordance with the following
provisions of this section.
S. 131C(3)
amended by
No. 6791 s. 20
(3) Every approved vendor who enters into any
instalment purchase agreement within the relevant
period shall—
S. 131C(3)(a)
substituted by
No. 7500
s. 3(c).
(a) furnish to the Comptroller of Stamps not
later than the 14th day of each month a
statement in duplicate in the prescribed form
verified by a statutory declaration showing
the sum of the purchase prices of all
instalment purchase agreements entered into
by him during the last preceding month and
the sum of the purchase prices of all
instalment purchase agreements entered into
by him during the last preceding month
which are exempt from duty under the
exemptions set out under the Heading
"XIX—INSTALMENT PURCHASE
AGREEMENT" in the Third Schedule; and
S. 131C(3)(b)
substituted by
No. 7500
s. 3(c),
amended by
Nos 8157
s. 7(2), 8465
s. 8(2), 9662
s. 16(1).
(b) pay in cash to the Comptroller of Stamps as
stamp duty on that statement a sum equal to
1·2 per centum of the difference between the
sums set out in the statement; and
S. 131C(3)(c)
inserted by
No. 7500
s. 3(c).
(c) keep or cause to be kept in Victoria sufficient
books and records to enable him to calculate
accurately the total amounts which are to be
AB-26/5/98
251
Stamps Act 1958
Act No. 6375/1958
s. 131E
set out in the statements required to be
submitted to the Comptroller of Stamps by
this section and such books and records as
well as all working papers used in making
such calculations shall be kept available for
inspection for a period of at least three years
from the month to which each such statement
relates or for such lesser period as the
Comptroller determines in any particular
case.
(4) It shall not be necessary for the Comptroller of
Stamps to give a receipt for such a payment which
shall be denoted on the original statement by an
impressed stamp.
(5) The statement so stamped—
(a) shall be returned to the approved vendor;
(b) shall be retained by him for a period of at
least three years; and
(c) shall at any reasonable time during the said
period be produced by him for inspection on
demand by the Comptroller of Stamps or by
an officer authorized in writing by the
Comptroller for the purpose whether
generally or in a particular case.
*
*
*
*
*
131E. Preparation of instrument
(1) The vendor of any goods under an instalment
purchase agreement (whether or not an approved
vendor) shall, where the purchase price is not less
AB-26/5/98
252
S. 131D
inserted by
No. 6450
s. 6(2) (as
amended by
No. 6489 s. 4),
repealed by
No. 8006
s. 8(2).
S. 131E
inserted by
No. 6450
s. 6(2) (as
amended by
No. 6489 s. 4).
Stamps Act 1958
Act No. 6375/1958
s. 131E
than $20, at or before the time of the making of
the agreement prepare an original instrument in
relation to the agreement in accordance with the
requirements of this section.
(2) Such original instrument shall be—
(a) if the instalment purchase agreement is in
writing, the agreement as in writing;
(b) in any other case, a memorandum in writing
of the agreement prepared for the purposes of
this section.
(3) An instrument shall not be in accordance with the
requirements of this section unless—
(a) it clearly and truly sets out—
(i) the names of the parties thereto;
(ii) the full name and address of the vendor
within the meaning of this subdivision
(identified as vendor or as owner);
(iii) a description of the goods sufficient to
indicate their nature;
(iv) the total amount payable under the
agreement by the purchaser on any
account whatsoever in respect of the
goods the subject-matter of the
agreement;
(v) the amount of the deposit or other
money or consideration paid or given to
the vendor at or before the making of
the agreement;
(vi) the total amount payable under the
agreement for or by way of interest or
insurance or any other charge;
(vii) the purchase price within the meaning
of this subdivision;
AB-26/5/98
253
Stamps Act 1958
Act No. 6375/1958
s. 131F
(b) it is boldly marked "Original Instrument" on
the front or first page thereof; and
(c) at or before the time at which the agreement
is entered into—
(i) it is stamped in accordance with this
subdivision; or
(ii) where the vendor is an approved
vendor, it is boldly marked on the front
or first page thereof "Approved vendor;
duty payable on monthly return".
(4) The vendor or, if the vendor's rights under the
agreement are assigned to any other person, that
other person shall keep every such original
instrument readily available for inspection
throughout the period during which goods are
bailed or any rent or other moneys are payable
under the agreement and shall at any reasonable
time during the said period on demand produce it
for inspection by the Comptroller of Stamps or by
an officer authorized in writing by the Comptroller
for the purpose whether generally or in a particular
case.
S. 131E(4)
amended by
No. 65/1987
s. 13(1)(f).
(5) This section does not apply to an instalment
purchase agreement to which an exemption under
Heading XIX in the Third Schedule applies.
S. 131E(5)
inserted by
No. 10256
s. 14.
131F. Counterparts not separately chargeable
Notwithstanding anything in this Act a counterpart
of an original instrument of instalment purchase,
which original instrument is chargeable with duty
under this subdivision, shall not be chargeable
with duty as an original instrument or counterpart
of an instrument.
AB-26/5/98
254
S. 131F
inserted by
No. 6450
s. 6(2) (as
amended by
No. 6489 s. 4).
Stamps Act 1958
Act No. 6375/1958
s. 131G
S. 131G
inserted by
No. 6450
s. 6(2) (as
amended by
No. 6489 s. 4),
amended by
No. 9662
s. 23(ap).
131G. Penalty
Every person who contravenes or fails to comply
with any of the provisions of this subdivision shall
be guilty of an offence and liable to a penalty of
not more than 2 penalty units and in addition a
penalty of not more than double the amount of
duty that would have been payable if this
subdivision had been complied with.
Pt 2 Div. 3
Subdiv. (14)
(Heading and
ss 132–136)
repealed by
No. 6450
s. 6(4) (as
amended by
No. 6489 s. 4).
*
*
*
*
*
No. 6104 s. 29.
*
*
*
*
*
Pt 2 Div. 3
Subdiv. (15)
(Heading and
s. 137)
amended by
No. 9662
s. 19(l),
repealed by
No. 10256
s. 17(a).
Pt 2 Div. 3
Subdiv. (16)
(Heading)
inserted by
No. 7193
s. 2(1)(b),
amended by
Nos 7506
s. 24(b),
65/1987
s. 26(a).
(16) Applications for Registration of and Notices of
Acquisition in respect of Motor Vehicles and Commercial
Trailers
Pt 2 Div. 3
Subdiv. (16)
(ss 137A–
137C)
inserted by
No. 7193
s. 2(1)(b).
AB-26/5/98
255
Stamps Act 1958
Act No. 6375/1958
137A. Definitions; duty to be paid on application for
registration etc.
(1) In this Act—
AB-26/5/98
s. 137A
S. 137A
inserted by
No. 7193
s. 2(1)(b).
"application for registration" means an
application for the registration of a motor
vehicle or commercial trailer under the Road
Safety Act 1986 but does not include an
application for the registration, or renewal of
registration, of a motor vehicle or
commercial trailer made by a person in
whose name the motor vehicle or
commercial trailer was last registered under
that Act or a corresponding previous
enactment before the date on which the
application is made;
S. 137A(1)
def. of
"application
for
registration"
amended by
Nos 7506
s. 24(c)(i),
9065 s. 7,
9317 s. 3(1),
substituted by
No. 65/1987
s. 14(1)(a),
amended by
No. 65/1988
s. 21(2)(a).
"commercial trailer" means any vehicle
(including a semi-trailer) without motive
power of its own used in the course of trade
or for the carriage of passengers or goods for
hire and capable of being drawn by a motor
vehicle;
S. 137A(1)
def. of
"commercial
trailer"
inserted by
No. 65/1987
s. 14(1)(a).
"licensed motor car trader" has the same
meaning as in the Motor Car Traders Act
1986;
S. 137A(1)
def. of
"licensed
motor car
trader"
inserted by
No. 9991
s. 17(1)(a),
amended by
No. 104/1986
s. 122.
256
Stamps Act 1958
Act No. 6375/1958
s. 137A
"notice of acquisition" means a notice of
acquisition under the Road Safety Act 1986
or regulations under that Act;
S. 137A(1)
def. of "notice
of
acquisition"
amended by
No. 9403
s. 26(a),
substituted by
Nos 9991
s. 17(1)(a),
65/1988
S.
137A(1)
s. 21(3).
def. of "motor
vehicle"
amended by
No. 7506
s. 24(c)(ii),
substituted by
No. 65/1987
s. 14(1)(b).
"motor vehicle" has the same meaning as in the
Road Safety Act 1986;
S. 137A(1)
def. of
"passenger
car"
inserted by
No. 67/1989
s. 4.
"passenger car" means—
(a) a motor vehicle constructed principally
for the carriage of passengers; or
(b) a motor vehicle which—
(i) is designed principally for the
conveyance of not more than 8
persons; and
(ii) is constructed either on a truck
chassis or with special features for
off-road operation—
but does not include—
(c) a motor cycle; or
(d) a motor vehicle having a utility or panel
van type body in which the forward part
of the body form and the greater part of
the mechanical equipment are the same
as those in a passenger car
manufactured by the manufacturer of
the motor vehicle; or
AB-26/5/98
257
Stamps Act 1958
Act No. 6375/1958
s. 137A
(e) a motor vehicle constructed for the
carriage of passengers and equipped to
seat more than 8 adult persons
(including the driver);
"registered used car dealer" means a person
registered under this subdivision;
S. 137A(1)
def. of
"registered
used car
dealer"
inserted by
No. 9991
s. 17(1)(b).
"semi-trailer" has the same meaning as in section
7(7) of the Road Safety Act 1986;
S. 137A(1)
def. of "semitrailer"
inserted by
No. 65/1987
s. 14(1)(c).
"special dealer" means a person who would be a
motor car trader within the meaning of the
Motor Car Traders Act 1986 but for the
fact that the motor vehicles in which the
person trades are not motor cars within the
meaning of that Act.
S. 137A(1)
def. of
"special
dealer"
inserted by
No. 10118
s. 11(2),
amended by
Nos 104/1986
s. 122,
65/1987
s. 26(b).
S. 137A(2)
amended by
Nos 7506
s. 24(d), 9991
s. 17(2)(a),
substituted by
No. 65/1987
s. 14(2).
(2) Subject to this subdivision and Heading XXI in
the Third Schedule, the duty specified under that
Heading shall be charged and paid for the use of
Her Majesty upon—
(a) each application for registration and each
notice of acquisition required to be lodged or
given under the Road Safety Act 1986 or
regulations under that Act; and
(b) each notice of change of use required to be
lodged or given under section 137AG.
AB-26/5/98
258
Stamps Act 1958
Act No. 6375/1958
s. 137AA
(3) The duty shall be denoted in the prescribed
manner and shall be paid by the applicant for the
registration or the person who has acquired
possession, or who gives the notice of change of
use, of the motor vehicle or commercial trailer, as
the case may be.
S. 137A(3)
amended by
Nos 9991
s. 17(2)(b),
65/1988
s. 21(2)(b).
S. 137AA
inserted by
No. 9991
s. 17(3).
137AA. Registered used car dealers
S. 137AA(1)
amended by
No. 10118
s. 11(3).
(1) A licensed motor car trader or a special dealer may
apply in the prescribed form to the Comptroller of
Stamps for registration under this subdivision.
(2) The Comptroller of Stamps shall register a person
who makes application under sub-section (1) and
shall issue to him a registration number and a
certificate of registration.
(3) The Comptroller of Stamps shall cause to be kept
a Register of Used Car Dealers which shall be
available for public inspection.
(4) A registered used car dealer—
(a) shall request cancellation of his registration
by notice in writing given to the Comptroller
of Stamps before or forthwith upon his
ceasing to carry on business as a licensed
motor car trader; and
(b) may at any time request cancellation of his
registration by notice in writing given to the
Comptroller of Stamps—
and upon giving such a notice shall deliver to the
Comptroller the certificate of registration issued to
him under this section.
(5) A registered used car dealer who has ceased to
carry on business as a licensed motor car trader
AB-26/5/98
259
Stamps Act 1958
Act No. 6375/1958
s. 137AB
and does not give a notice under sub-section (4) is
guilty of an offence and liable to a penalty not
exceeding 10 penalty units.
137AB. Statements by registered used car dealers
(1) A registered used car dealer shall, not later than
the 21st day of each calendar month after the
month of January 1984 or the month during which
he becomes registered, whichever is the later—
S. 137AB
inserted by
No. 9991
s. 17(4).
S. 137AB(1)
amended by
No. 88/1986
s. 19(a).
(a) furnish to the Comptroller of Stamps a
statement in the prescribed form; and
(b) pay to the Comptroller of Stamps as stamp
duty on that statement an amount equal to the
sum of the duty that, but for paragraph 1B in
the exemptions under Heading XXI in the
Third Schedule, would have been payable
under that Heading on the notices of
acquisition of the motor vehicles and
commercial trailers disposed of by him
during the preceding calendar month.
(2) Where a registered used car dealer does not in
respect of a month, in accordance with sub-section
(1), furnish to the Comptroller of Stamps a
statement and pay an amount due as stamp duty
not later than the 21st day of the succeeding
month, an amount equal to the amount due as
stamp duty, together with interest at the rate of 20
per centum per annum on that amount from the
date on which the payment was due until payment
or $25, whichever is the greater is a debt due and
payable by that registered used car dealer to Her
AB-26/5/98
260
S. 137AB(1)(b)
amended by
No. 65/1987
s. 26(d).
S. 137AB(2)
amended by
Nos 88/1986
s. 19(b),
65/1988
s. 12(a).
Stamps Act 1958
Act No. 6375/1958
s. 137AC
Majesty and may be recovered in accordance with
this Act.
(3) The Comptroller of Stamps may, if he thinks fit,
mitigate or remit a debt payable under sub-section
(2).
S. 137AB(4)
inserted by
No. 10118
s. 11(4),
repealed by
No. 86/1997
s. 22(b).
S. 137AC
inserted by
No. 9991
s. 17(4),
amended by
No. 65/1987
s. 26(e),
substituted by
No. 65/1988
s. 21(4),
amended by
No. 65/1988
s. 12(b).
*
*
*
*
*
137AC. Debt due where stamp duty not paid
(1) If a person does not pay an amount of stamp duty
payable on a notice of acquisition of a motor
vehicle or commercial trailer given under the
Road Safety Act 1986 or regulations under that
Act within 14 days after acquiring possession of
the motor vehicle or commercial trailer, an
amount equal to the amount of stamp duty
payable, together with interest at the rate of 20 per
centum per annum on that amount from the date
on which the payment was due until payment or
$25, whichever is the greater is a debt due and
payable by that person to Her Majesty and may be
recovered in accordance with this Act.
(2) The Comptroller of Stamps may, if the
Comptroller thinks fit, mitigate or remit a debt
payable under this section.
S. 137AD
inserted by
No. 9991
s. 17(4).
137AD. Dealers to keep records
(1) A registered used car dealer—
S. 137AD(1)
substituted by
No. 103/1993
s. 7.
(a) must keep or cause to be kept sufficient
books to enable the Comptroller to calculate
AB-26/5/98
261
Stamps Act 1958
Act No. 6375/1958
s. 137AE
accurately the amount of stamp duty which is
to be paid on the statements required to be
submitted to the Comptroller under this subdivision; and
(b) must keep those books available for
inspection for at least 5 years from the end of
the month to which each such statement
relates or for such shorter period as the
Comptroller determines in any particular
case.
(2) Nothing in this section requires a person to
preserve books—
(a) in respect of which the Comptroller of
Stamps has certified that preservation is not
required; or
(b) of a body corporate that has been wound up.
137AE. Dealer to endorse registration number
(1) A registered used car dealer must endorse on each
notice of disposal given under the Road Safety
Act 1986 or regulations under that Act the
expression "R.U.C.D. No." followed by the
registration number issued to that dealer under
section 137AA.
(2) A person must not make an endorsement on a
notice of disposal given under the Road Safety
Act 1986 or regulations under that Act that
purports to be or might reasonably be taken to be
an endorsement under sub-section (1) unless that
person is required under that sub-section to make
that endorsement.
Penalty applying to this sub-section: 50 penalty
units.
AB-26/5/98
262
S. 137AE
inserted by
No. 9991
s. 17(4),
substituted by
No. 65/1988
s. 21(5).
Stamps Act 1958
Act No. 6375/1958
s. 137AF
S. 137AF
inserted by
No. 9991
s. 17(4),
amended by
No. 76/1992
s. 38(1)(a).
137AF. Refund for double payment of duty18
(1) Where a person satisfies the Comptroller of
Stamps—
S. 137AF(1)(a)
amended by
No. 65/1987
s. 26(f) (as
amended by
No. 65/1988
s. 24(1)(b)).
(a) that he acquired possession of a motor
vehicle or commercial trailer from a
registered used car dealer; and
(b) that the notice of acquisition would have
been exempt from duty by reason of
paragraph 1B of the exemptions under
Heading XXI in the Third Schedule but for
the failure of the registered used car dealer to
endorse the relevant notice of disposal in
accordance with section 137AE—
the Comptroller of Stamps —
S. 137AF(1)(c)
substituted by
No. 76/1992
s. 38(1)(b),
repealed by
No. 104/1993
s. 41(1)(d).
*
*
*
*
*
S. 137AF(2)
inserted by
No. 76/1992
s. 38(2),
repealed by
No. 104/1993
s. 41(1)(e).
*
*
*
*
*
AB-26/5/98
263
Stamps Act 1958
Act No. 6375/1958
s. 137AFA
137AFA. Refund of duty if sale cancelled19
S. 137AFA
inserted by
No. 88/1986
s. 20,
amended by
No. 76/1992
s. 39(1)(a)(b).
(1) If a person satisfies the Comptroller of Stamps—
(a) that stamp duty has been paid on an
application for registration or a notice of
acquisition or by a registered used car dealer
in respect of a motor vehicle or commercial
trailer acquired by the person; and
S. 137AFA(1)
amended by
No. 104/1993
s. 41(1)(f).
S. 137AFA
(1)(a)
amended by
No. 65/1987
s. 26(g)(i).
(b) that, after the acquisition—
(i) the transaction under which the
acquisition was made was cancelled;
and
(ii) the motor vehicle or commercial trailer
has been returned to the person from
whom it was acquired; and
S. 137AFA
(1)(b)(ii)
amended by
No. 65/1987
s. 26(g)(ii).
(iii) all moneys refundable on the
cancellation (other than any amount on
account of stamp duty) have been
refunded to the first-mentioned
person—
the Comptroller of Stamps may, subject to
and in accordance with section 32AA, refund
the duty paid on the acquisition.
*
AB-26/5/98
*
*
264
*
*
Ss 137AFA
(1)(c)–(2)
repealed.20
Stamps Act 1958
Act No. 6375/1958
s. 137AG
S. 137AG
inserted by
No. 9991
s. 17(4).
137AG. Notice of change of use
(1) If a licensed motor car trader or a registered used
car dealer who has made an application for
registration, or given a notice of acquisition of a
motor vehicle or commercial trailer, being an
application or notice to which paragraph 1, 1A,
1AA or 1AB of the exemptions under Heading
XXI in the Third Schedule applies—
S. 137AG(1)
amended by
Nos 65/1987
s. 26(h),
65/1988
s. 21(2)(c)(i)(ii),
substituted by
No. 17/1993
s. 7.
(a) in the case of an application or notice to
which paragraph 1 or 1AA applies,
subsequently commences to use the motor
vehicle or commercial trailer otherwise than
solely for the purposes of sale; or
(b) in the case of an application or notice to
which paragraph 1A or 1AB applies,
subsequently commences to use the motor
vehicle or commercial trailer otherwise than
solely or primarily for one or more of the
purposes referred to in that paragraph—
the licensed motor car trader or registered used car
dealer must, not later than 14 days after the
commencement of the use, send or deliver to the
Comptroller of Stamps notice in prescribed form
of the change of use, together with the amount of
stamp duty payable on the notice.
S. 137AG(2)
amended by
Nos 65/1987
s. 26(h),
65/1988
ss 12(c),
21(2)(d)(i)(ii).
(2) Where a licensed motor car trader or a registered
used car dealer does not, in accordance with subsection (1), forward to the Comptroller of Stamps
a notice and pay an amount due as stamp duty
within fourteen days after he is required under that
sub-section to forward the notice and pay the
amount, an amount equal to the amount of stamp
duty due, together with interest at the rate of 20
AB-26/5/98
265
Stamps Act 1958
Act No. 6375/1958
s. 137B
per centum per annum on that amount from the
date on which the payment was due until payment
or $25, whichever is the greater is a debt due and
payable by the licensed motor car trader or
registered used car dealer to Her Majesty and may
be recovered in accordance with this Act.
(3) The Comptroller of Stamps may, if he thinks fit,
mitigate or remit a debt payable under sub-section
(2).
137B. Ascertainment of value of motor vehicles and
commercial trailers
(1) For the purposes of this subdivision and Heading
XXI in the Third Schedule, the market value of a
motor vehicle or commercial trailer in relation to
an application for registration, a notice of
acquisition or a notice of change of use is—
(a) the price at which the motor vehicle or
commercial trailer might reasonably have
been sold, free from encumbrances, in the
open market—
(i) in the case of an application for
registration—on the date on which the
application is made;
(ii) in the case of a notice of acquisition—
(A) on the date on which the
acquisition occurs; or
(B) on the date on which the notice is
given—
whichever is the greater; or
AB-26/5/98
266
S. 137B
inserted by
No. 7193
s. 2(1)(b),
amended by
No. 7506
s. 24(e).
S. 137B(1)
substituted by
No. 9991
s. 17(5),
amended by
No. 65/1987
s. 26(i)(i).
S. 137B(1)(a)
amended by
No. 65/1987
s. 26(i)(i).
Stamps Act 1958
Act No. 6375/1958
s. 137B
(iii) in the case of a notice of change of
use—on the date on which the change
of use commenced; or
S. 137B(1)(b)
amended by
Nos 88/1986
s. 21, 65/1987
s. 26(i)(i).
(b) where the application or notice relates to a
purchase of the motor vehicle or commercial
trailer and the purchase price is greater than
the price determined under paragraph (a)—
that purchase price.
S. 137B(2)
substituted by
No. 9991
s. 17(5),
amended by
No. 65/1987
s. 26(i)(i).
(2) An applicant for registration, a person who gives a
notice of acquisition, a person who gives a notice
of disposal and a person who gives a notice of
change of use shall make a declaration in the
prescribed form as to the market value of the
motor vehicle or commercial trailer as at—
(a) in the case of an application for registration,
the date of the application;
(b) in the case of a notice of acquisition—
(i) the date of the acquisition; and
(ii) where the notice is given more than
fourteen days after the date of the
acquisition—the date on which the
notice is given;
(c) in the case of a notice of disposal, the date on
which the disposal occurred; and
(d) in the case of a notice of change of use, the
date on which the change of use commenced.
S. 137B(3)
amended by
No. 9991
s. 17(6).
(3) The applicant for the registration or the person
giving the notice of acquisition or notice of
change of use shall forward with the application or
notice an amount equal to the duty payable under
this subdivision on the application or notice
calculated in accordance with the market value
declared pursuant to the last preceding subsection.
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267
Stamps Act 1958
Act No. 6375/1958
(4) Where—
(a) a person fails or neglects to make a
declaration under sub-section (2);
S. 137B(4)
substituted by
No. 9991
s. 17(7),
amended by
No. 65/1987
s. 15.
(b) a registered used car dealer fails to furnish a
statement under section 137AB;
S. 137B(4)(b)
amended by
Nos 65/1987
s. 26(i)(i),
65/1988
s. 21(2)(e).
(c) a person fails to pay duty payable by him on
a notice of acquisition of a motor vehicle or
commercial trailer within fourteen days after
he acquires possession of the motor vehicle
or commercial trailer;
S. 137B(4)(c)
amended by
No. 65/1987
s. 26(i)(i).
(d) a person fails to send or deliver or to pay
duty on a notice of a change of use under
section 137AG;
(e) the Comptroller of Stamps is not satisfied
with a declaration under sub-section (2) or a
statement under section 137AB; or
(f) the Comptroller of Stamps has reason to
believe or suspect that any person is liable to
pay any duty under this subdivision—
the Comptroller of Stamps may cause an
assessment to be made of the amount which, in his
judgement, ought to be levied and that person or
dealer shall be liable to pay that amount, less any
part of the amount that has already been paid,
except in so far as he establishes on objection or
appeal that the assessment is excessive.
AB-26/5/98
s. 137B
268
Stamps Act 1958
Act No. 6375/1958
s. 137B
(5) As soon as conveniently may be after an
assessment is made under sub-section (4), the
Comptroller of Stamps shall cause notice in
writing of the assessment and of the amount to be
paid to be served on the person liable to pay it.
S. 137B(5)
amended by
Nos 9317
s. 5(b), 9548
s. 39(d),
substituted by
No. 9991
s. 17(7).
S. 137B(5A)
inserted by
No. 9991
s. 17(7).
(5A) The omission to give a notice under sub-section
(5) shall not invalidate the assessment and
calculation made by the Comptroller of Stamps.
S. 137B(5B)
inserted by
No. 9991
s. 17(7).
(5B) The amount specified in the notice shall be
payable on or before the date specified in the
notice (being not less than 30 days after the date of
service of the notice) together with any other
amount which may be payable in accordance with
any other provision of this Act.
S. 137(5C)
inserted by
No. 9991
s. 17(7).
(5C) Where an amount specified in a notice of
assessment under this section is not paid on or
before the date for payment specified in the notice,
there is payable by the person liable to pay that
amount an additional amount as a debt due to Her
Majesty of twice the first-mentioned amount
together with interest at the rate of 20 per centum
per annum on the first-mentioned amount, and any
other amounts payable by that person under this
Act in respect of that amount, from the date for
payment specified in the notice until the firstmentioned amount is paid.
S. 137B(5D)
inserted by
No. 9991
s. 17(7),
amended by
No. 65/1988
s. 21(1)(h).
(5D) The Comptroller of Stamps may if he thinks fit
mitigate or remit any penalty payable under subsection (5C).
AB-26/5/98
269
Stamps Act 1958
Act No. 6375/1958
s. 137C
(6) Where a person, who is required under sub-section
(2) to make a declaration as to the market value of
a motor vehicle or commercial trailer, does not
state the full market value of that motor vehicle or
commercial trailer in the declaration he shall be
guilty of an offence and liable to a penalty not
exceeding 10 penalty units.
137C. Sums received to be paid into Consolidated Fund
All sums received by the Roads Corporation under
this subdivision shall be paid to the Treasurer of
Victoria at such intervals and in such manner as is
prescribed and shall be paid by the Treasurer into
the Consolidated Fund.
*
*
*
*
*
(17) Mortgage, Bond, Debenture or Covenant
137D. Definitions
(1) In this subdivision and under the Heading XXII in
the Third Schedule—
AB-26/5/98
270
S. 137B(6)
inserted by
No. 9662
s. 19(m),
amended by
No. 65/1987
s. 26(i)(ii).
S. 137C
inserted by
No. 7193
s. 2(1)(b),
amended by
Nos 9403
s. 26(b), 10087
s. 3(1),
44/1989
s. 41(Sch.
item 38.1).
Pt 2 Div. 3
Subdiv. (16A)
(Heading and
ss 137CA–
137CC)
inserted by
No. 9120
s. 3(1),
amended by
Nos 9317
s. 5(c), 9991
s. 18(1)(2),
10087 s. 3(1)
repealed by
No. 10118
s. 12(1).
Pt 2 Div. 3
Subdiv. (17)
(Heading and
ss 137D–
137N)
inserted by
No. 7204
s. 6(b).
S. 137D
inserted by
No. 7204
s. 6(b).
Stamps Act 1958
Act No. 6375/1958
s. 137D
"collateral security" includes any debenture
issued under or pursuant to an instrument of
mortgage or trust which has been duly
stamped and any auxiliary additional or
substituted security;
S. 137D(1)
def. of
"collateral
security"
inserted by
No. 7268
s. 4(1)(a).
S. 137D(1)
def. of
"mortgage"
amended by
No. 7585
s. 7(a)(b).
"mortgage" means a security by way of mortgage
or charge for the payment of any definite and
certain sum of money advanced or lent at the
time or previously due or owing, or forborne
to be paid, being payable, or for the
repayment of money to be thereafter lent,
advanced, or paid, or which may become due
upon an account current together with any
sum already advanced or due, or without (as
the case may be) and includes—
(a) any transfer or conveyance of any estate
or interest in any real or personal
property whatsoever in trust to be sold
or otherwise converted into money,
intended only as a security, and
redeemable before the sale or other
disposal thereof either by express
stipulation or otherwise, except where
such transfer or conveyance is made for
the benefit of creditors generally, or for
the benefit of creditors specified, who
accept the provision made for payment
of their debts in full satisfaction
thereof;
(b) any defeasance, declaration, or other
instrument for defeating or making
redeemable or explaining or qualifying
any conveyance, transfer, assignment or
disposition of any estate or interest in
any real or personal property
whatsoever, apparently absolute but
intended only as a security;
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271
Stamps Act 1958
Act No. 6375/1958
s. 137D
(c) any agreement, contract, or bond
containing an undertaking to deposit or
accompanied with a deposit of any
documents of title for making a
mortgage, or any such other security
transfer or conveyance as aforesaid of
any estate or interest in any real or
personal property whatsoever
comprised in such documents, or for
pledging or charging the same as a
security:
Provided that any legal mortgage
afterwards executed in pursuance
thereof shall be treated as collateral
thereto; and
(d) any instrument of mortgage or trust for
the purpose of securing holders of
debentures;
"foreign security" means every security for
money by or on behalf of any foreign or
colonial state, government, municipal body,
corporation, or company (except a bill of
exchange or promissory note)—
(1) which is made or issued in Victoria; or
(2) upon which any interest is payable in
Victoria; or
(3) which is assigned, transferred, or in any
manner negotiated in Victoria.
(2) This subdivision shall apply to mortgages bonds
debentures and covenants entered into after the
commencement of section six of the Stamps Act
1964 and to any instrument of mortgage or trust
for the purpose of securing holders of debentures
under which debentures are subscribed for by the
public in Victoria after that date.
AB-26/5/98
272
S. 137D(1)
def. of
"foreign
security"
amended by
No. 65/1987
s. 16.
Stamps Act 1958
Act No. 6375/1958
s. 137D
(3) This subdivision in relation to bonds or covenants
shall apply and shall be deemed to have always
applied only to bonds or covenants which secure
the payment of a definite and certain sum of
money advanced or lent at the time or previously
due or owing, or forborne to be paid, being
payable, or the repayment of money to be
thereafter lent advanced or paid or which may
become due upon an account current together with
any sum already advanced or due, or without (as
the case may be).
S. 137D(3)
inserted by
No. 7268
s. 4(1)(b),
amended by
No. 7585
s. 7(c).
S. 137D(3A)
inserted by
No. 9413
s. 12(1).
(3A) Where an instrument of variation is executed
varying the principal sum secured by a mortgage
that instrument of variation shall be deemed to be
a mortgage chargeable with stamp duty on the
amount secured by the mortgage as varied less the
amount of duty previously paid upon the
mortgage.
S. 137D(3AA)
inserted by
No. 10256
s. 15(1)(a).
(3AA) Where a notice of variation of the principal sum
secured by a mortgage of property of a company is
required to be lodged with the National
Companies and Securities Commission and the
variation is not effected by an instrument, the
notice shall be deemed to be a mortgage
chargeable with stamp duty on the amount secured
by the mortgage as varied less the amount of duty
previously paid on the mortgage.
S. 137D(3B)
inserted by
No. 9413
s. 12(1),
amended by
No. 10256
s. 15(1)(b).
(3B) Stamp duty payable on an instrument or notice of
variation of a mortgage shall be denoted by an
impressed stamp.
S. 137D(4)
inserted by
No. 7268
s. 4(1)(b).
(4) For the purposes of this subdivision a mortgage
bond debenture or covenant, whether executed
before of after the enactment of this subdivision
AB-26/5/98
273
Stamps Act 1958
Act No. 6375/1958
s. 137DA
shall be deemed to be duly stamped if, but only
if—
(a) it has been stamped in accordance with the
provisions of this subdivision;
(b) it was executed before the fourth day of
January One thousand nine hundred and
sixty-five and a security which is auxiliary or
additional to it has been executed after the
said date and such security has been duly
stamped in accordance with the provisions of
this subdivision but only to the extent that
the auxiliary or additional security has been
stamped;
(c) it is deemed by any of the provisions of this
subdivision to be duly stamped; or
(d) it is exempt from duty under this subdivision
or is not liable to duty under this subdivision
by the operation of section one hundred and
thirty-seven M of this Act.
(5) The Governor in Council, by Order published in
the Government Gazette, may declare a public
statutory authority constituted under the laws of
Victoria to be a declared public statutory authority
for the purposes of clause (4)(b) of the
Exemptions applying to Heading XXII in the
Third Schedule.
137DA. Charges secured on property in and outside Victoria21
(1) If under an instrument to which this subdivision
applies money to be paid or repaid, or which is
ultimately recoverable, is secured wholly or in part
on property out of Victoria, duty shall, subject to
this section, be payable under this subdivision on
the full amount secured.
AB-26/5/98
274
S. 137D(5)
inserted by
No. 31/1997
s. 18.
S. 137DA
inserted by
No. 9662
s. 17(1),
amended by
No. 9991 s. 19,
substituted by
No. 65/1987
s. 17.
Stamps Act 1958
Act No. 6375/1958
s. 137DA
(2) If the Comptroller of Stamps is satisfied that any
duty of a like nature to duty payable under subsection (1) has been paid or, but for an exemption
would be payable in respect of the instrument, or
any other instrument that secures the same money,
in another State or in a Territory of the
Commonwealth, the duty calculated under subsection (1) shall be reduced by—
S. 137DA(2)
amended by
No. 65/1988
s. 13(a)(i).
S. 137DA(2)(a)
amended by
No. 28/1988
s. 4.
(a) the same proportion of the duty payable
under sub-section (1) as the value of the
property situated in that other State or the
Territory bears to the aggregate value of all
property to which any such instrument
relates; or
S. 137DA(2)(b)
amended by
No. 65/1988
s. 13(a)(ii).
(b) the actual amount of the duty that is paid or
that, but for the exemption, would be payable
in that other State or the Territory—
whichever is the lesser.
(3) The Comptroller shall denote on the instrument
the amount of the reduction that has been allowed,
the date of the allowance, and the duty payable.
(4) Despite sub-section (1), if an instrument referred
to in sub-section (1) is produced to the
Comptroller and the person liable to pay the duty
gives notice in writing to the Comptroller that he
or she intends to pay or cause to be paid duty on
the instrument, or any other instrument securing
the same money, in another State or in a Territory
of the Commonwealth, the following provisions
apply—
(a) the instrument may be stamped with duty
calculated under sub-section (1) as if—
(i) duty had been paid in the other State or
in the Territory; and
AB-26/5/98
275
Stamps Act 1958
Act No. 6375/1958
(ii) the duty had been reduced in
accordance with sub-section (2)(a)—
and, for the purpose of the payment of duty
in the other State or in the Territory, the
instrument may be released to the person
who produced it;
(b) the Comptroller shall issue an assessment of
duty for the difference between the amount
of duty payable under sub-section (1) and the
duty paid under paragraph (a);
(c) the assessment ceases to have effect and the
instrument shall be denoted accordingly if—
(i) the instrument is produced to the
Comptroller within 3 months after the
issue of the assessment together with
proof of payment of the duty payable in
another State or in a Territory; or
(ii) the instrument is not so produced
within that period but the Comptroller
is satisfied within that period or such
further period as the Comptroller
determines that the person has paid
such duty and taken all reasonable steps
so to produce the instrument together
with proof of payment of such duty;
(d) if paragraph (c)(i) is not complied with and
paragraph (c)(ii) does not apply—
(i) the assessment is payable at the
expiration of the period of 3 months
after it was issued together with a
penalty under section 28(1); and
(ii) no reduction shall be allowed for any
duty payable in another State or in a
Territory; and
AB-26/5/98
276
s. 137DA
Stamps Act 1958
Act No. 6375/1958
s. 137DB
(iii) the instrument is available only for the
amount in respect of which duty has
been paid under paragraph (a) as if the
instrument related to property only in
Victoria until the assessment and
penalty (if any) are paid in full.
S. 137DA(5)
inserted by
No. 65/1988
s. 13(b).
S. 137DB
inserted by
No. 10256
s. 15(2).
(5) If, in relation to an instrument of mortgage which
does not secure any money on property in
Victoria, a person liable to pay the duty or a duly
qualified legal practitioner acting for such a
person, satisfies the Comptroller of Stamps that
the instrument does not secure any money wholly
or partly on property in Victoria and that he or she
is not aware of any intention that the instrument
secure any money on property in Victoria, the duty
payable on the instrument is $10 and shall be
denoted by an impressed stamp.
137DB. Caveats
(1) A caveat under the Transfer of Land Act 1958 in
respect of a mortgage is chargeable with duty—
S. 137DB(1)(a)
repealed by
No. 65/1987
s. 21(1)(a).
*
*
*
*
*
(b) if the mortgage is chargeable with ad
valorem duty but is not stamped with ad
valorem duty—of the same amount as is
chargeable on the mortgage.
(2) The duty payable on a caveat to which this section
applies shall be denoted by an impressed stamp
and must be paid within the period within which
the mortgage to which it relates may be stamped
without penalty.
(3) If a caveat is not stamped as required by this
subdivision, the amount to be paid is the amount
of duty payable on the caveat together with a
penalty equal to double the amount of that duty.
AB-26/5/98
277
Stamps Act 1958
Act No. 6375/1958
(4) If a caveat is denoted not chargeable with duty,
production of the caveat is evidence that the
caveat is not chargeable with duty.
137E. Charge on security for marketable security
A security for the transfer or re-transfer of any
marketable security is to be charged with the same
duty as similar security for a sum of money equal
in amount to the value of such marketable
security.
137EA. Penalty when mortgage not stamped as required
Where a mortgage is not stamped as required by
this Act the amount to be paid shall be the amount
of the duty payable on the mortgage together with
a penalty equal to double the amount of that duty.
137F. Charge on security for future advances
(1) A security for the payment or repayment of money
to be lent, advanced, or paid, or which may
become due upon an account current either with or
without money previously due is to be charged,
where the total amount secured or to be ultimately
recoverable is in any way limited, with the same
duty as a security for the amount so limited.
(2)
AB-26/5/98
(a) Where such total amount is unlimited the
security is to be available for such an amount
only as the ad valorem duty denoted thereon
extends to cover; but where any advance is
made in excess of the amount covered by
that duty the security shall be chargeable
with additional duty in respect of so much of
the advance as is in excess of the amount
covered by the duty previously paid as
follows—
278
s. 137E
S. 137DB(4)
inserted by
No. 65/1987
s. 21(1)(b).
S. 137E
inserted by
No. 7204
s. 6(b).
S. 137EA
inserted by
No. 9413
s. 12(2).
S. 137F
inserted by
No. 7204
s. 6(b).
S. 137F(2)
substituted by
No. 8157
s. 9(3),
amended by
No. 8465
s. 11(3).
Stamps Act 1958
Act No. 6375/1958
s. 137F
*
S. 137F(2)(a)
(i)(ii)
repealed by
No. 88/1986
s. 22(a).
*
*
*
*
(iii) if the amount covered by the duty is
$10 000 or more than $10 000—80
cents for every $200 or fractional part
of $200 of the amount of the excess.
(b) For the purposes of the payment of additional
duty provided for in paragraph (a) any
advance made in excess of the amount
covered by the duty duly denoted on the
instrument shall for the purposes of section
28 be deemed to be a new and separate
instrument bearing date on the day on which
the additional advance was made or the
additional stamp duty paid, whichever is the
earlier date, but so as not to otherwise affect
the instrument as a security.
S. 137F(2A)
inserted by
No. 10256
s. 15(3),
substituted by
Nos 65/1987
s. 18, 42/1996
s. 27(1),
amended by
No. 31/1997
s. 19(1).
(2A)
22
Stamp duty is not to be charged in respect of a
security in so far as it secures the payment or
repayment of an amount—
(a) under a credit contract (within the meaning
of the Consumer Credit (Victoria) Code)
under which the amount of credit does not
exceed $35 000; or
(b) under a contract that, but for the Consumer
Credit (Victoria) Act 1995, would have
been a credit contract within the meaning of
the Credit Act 1984 relating to a
commercial vehicle or farm machinery
(within the meaning of that Act).
S. 137F(2B)
inserted by
No. 31/1997
s. 19(2).
(2B) Sub-section (2A), as amended by section 19(1) of
the State Taxation Acts (Amendment) Act 1997,
applies in respect of a security given on or after 1
November 1996.
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279
Stamps Act 1958
Act No. 6375/1958
(2C) Sub-section (2A) does not apply to a security
given on or after 1 November 1997 in so far as it
secures the payment or repayment of an amount
that was provided for the purposes of—
s. 137F
S. 137F(2C)
inserted by
No. 86/1997
s. 23.
(a) the acquisition of a private dwelling house or
land on which to erect a private dwelling
house; or
(b) the erection of a private dwelling house or
the addition of accommodation to a private
dwelling house.
(2D) For the purposes of sub-section (2C), "private
dwelling house" means—
(a) a building that is designed, or is designed
principally, as a separate residence for one
family or person; or
S. 137F(2D)
inserted by
No. 86/1997
s. 23.
(b) an apartment, flat or other part of a building
that is so designed.
(3) Where the original security is deposited or
recorded in the Office of Titles or any other public
office in which registration is required, any
duplicate or counterpart of the original instrument
may be stamped with such additional duty, and
such stamping shall have the same effect as if the
stamps had been impressed or affixed upon the
original instrument.
(4) No money to be advanced for the insurance of any
property comprised in any such security or for
keeping up any policy of life insurance comprised
in the security, or for effecting in lieu thereof any
new policy, or for the renewal of any grant or
lease of any property comprised in the security
upon the dropping of any life whereon the
property is held, shall be reckoned as forming part
AB-26/5/98
280
S. 137F(3)
amended by
No. 18/1989
s. 13(Sch. 2
item 84(l)).
Stamps Act 1958
Act No. 6375/1958
s. 137G
of the amount in respect whereof the security is
chargeable with ad valorem duty.
S. 137F(5)
inserted by
No. 7268
s. 4(1)(c).
(5) For the purposes of this section the total amount
secured or to be secured shall be deemed to be not
in any way limited and to be of an unlimited
amount if the amount secured or to be secured is
capable of being varied in a manner which
prevents the amount secured or to be secured from
presently being determined.
S. 137F(6)
inserted by
No. 9413
s. 13(1),
amended by
No. 18/1989
s. 13(Sch. 2
item 84(m)).
(6) For the purposes of sub-section (3) a reproduction
of an instrument or of a recording of an instrument
within the meaning of section 53 of the Evidence
Act 1958 purporting to be signed—
(a) in the case of an instrument lodged in the
office of the Registrar-General—by the
Registrar-General;
(b) in the case of an instrument lodged in the
Office of Titles—by the Registrar of Titles;
or
S. 137(6)(c)
amended by
No. 9699 s. 23.
(c) in the case of an instrument lodged at the
office of the Commissioner for Corporate
Affairs—by the Commissioner for Corporate
Affairs—
shall be deemed to be a duplicate of that
instrument.
S. 137G
inserted by
No. 7204
s. 6(b).
137G. Charge on security for repayment by periodical
payments
A security for the payment of any rent charge,
annuity, or periodical payments, by way of
repayment or in satisfaction or discharge of any
loan, advance, or payment intended to be so
repaid, satisfied, or discharged, is to be charged
with the same duty as a similar security for the
payment of the sum of money so lent, advanced,
or paid.
AB-26/5/98
281
Stamps Act 1958
Act No. 6375/1958
137H. As to transfers and further charges
No security by way of further charge for money or
marketable security added to money or marketable
security previously secured by a duly stamped
instrument, is to be charged with any duty, by
reason of containing any further or additional
security for the money or marketable security
previously secured, or the interest, or dividend
thereof, or any new covenant, proviso, power,
stipulation, or agreement in relation thereto, or any
further assurance of the property comprised in the
previous security.
137I. Collateral security
(1) If an instrument of security for money is duly
stamped (in this sub-section called "the stamped
instrument") and there are one or more other
instruments that are security for the same money,
the duty chargeable in respect of each of those
other instruments shall be reduced—
(a) if each such other instrument is security for
the whole of the same money, by the amount
of duty that was paid on the stamped
instrument; and
(b) if any of such other instruments is security
for part of the same money, by an amount
equal to the same proportion of the duty that
was paid on the stamped instrument as the
amount for which that other instrument is
security bears to the amount for which the
stamped instrument is security.
(2) Despite sub-section (1), an instrument of security
that is collateral to another instrument of security
that is deemed to be duly stamped under section
137D(4)(d), is deemed to be duly stamped to the
AB-26/5/98
282
s. 137H
S. 137H
inserted by
No. 7204
s. 6(b).
S. 137I
inserted by
No. 7204
s. 6(b),
substituted by
No. 7317 s. 5,
amended by
No. 9991
s. 20(1),
substituted by
No. 65/1987
s. 19.
Stamps Act 1958
Act No. 6375/1958
s. 137IA
extent that it secures all or part of the same money
as that other instrument secures.
(3) In this section, "duty" includes duty paid under
the law of any other State or of a Territory of the
Commonwealth.
S. 137IA
inserted by
No. 10256
s. 15(5).
137IA. Stamping collateral security as primary security
A counterpart of an original security or an
instrument of collateral security for moneys
secured by a primary security is deemed to be the
original or primary security and to be duly
stamped to the amount of duty denoted on it if—
(a) upon application by or on behalf of a person
who is a party to the original or primary
security, the Comptroller of Stamps is
satisfied that the original or primary security
has been lost, destroyed or cannot reasonably
be produced; and
(b) the Comptroller denotes the counterpart or
collateral security in the prescribed manner.
S. 137J
inserted by
No. 7204
s. 6(b),
amended by
No. 88/1986
s. 22(b).
S. 137K
inserted by
No. 7204
s. 6(b).
137J. Payment and denoting of duty
The duty payable under this Act on or in relation
to any mortgage, bond, debenture, covenant or
trust deed shall be payable by the mortgagor or
person bound and shall in the case of any
mortgage, bond, debenture or covenant to secure
the payment of an amount in excess of $10 000
and in the case of any statutory declaration
relating to debentures issued under a trust deed be
denoted by an impressed stamp.
137K. Foreign securities may be stamped without penalty
The Comptroller of Stamps may at any time,
without reference to the date thereof, allow any
foreign security to be stamped without the
payment of any penalty, upon being satisfied in
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Stamps Act 1958
Act No. 6375/1958
s. 137L
any manner that he may think proper that it was
not made or issued and has not been transferred,
assigned, or negotiated within Victoria, and that
no interest has been paid thereon in Victoria.
137L. Penalty for issuing etc. foreign security not duly
stamped
Every person who in Victoria makes, issues,
assigns, transfers, or negotiates, or pays any
interest upon any foreign security, not being duly
stamped, shall be liable to a penalty not exceeding
10 penalty units.
137LA. Subsequent mortgages
Where a subsequent mortgage contains a covenant
which confers upon the mortgagee a right whether
absolute or contingent to pay to a prior mortgagee
the amount owing under a prior mortgage and
providing that any payment so made will be
directly secured by the subsequent mortgage, the
subsequent mortgage shall in the first instance be
charged with duty without regard to the provisions
of such covenant, but in the event of a payment
being made under the covenant, the subsequent
mortgage shall be deemed to be a new and
separate mortgage bearing date on the day on
which the payment was made and shall be
chargeable with duty at the rate of 80 cents for
every $200 or fractional part of $200 but so as not
otherwise to affect the subsequent mortgage as a
security.
137M. Duty on subscriptions under instruments which
secure debenture holders23
(1) Where any borrowing corporation is a party to any
instrument of mortgage or trust which is made for
the purpose of securing holders of debentures the
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S. 137L
inserted by
No. 7204
s. 6(b),
amended by
No. 9662
s. 23(aq).
S. 137LA
inserted by
No. 7430
s. 2(1),
amended by
Nos 8157
s. 9(4), 8465
s. 11(4),
88/1986
s. 22(c).
S. 137M
inserted by
No. 7204
s. 6(b).
S. 137M(1)
amended by
Nos 7268
s. 4(1)(f), 9911
s. 7(1).
Stamps Act 1958
Act No. 6375/1958
s. 137M
borrowing corporation and the trustee for the
holders of debentures may give an undertaking in
the prescribed form to the Comptroller of Stamps
and thereupon, subject to this section, the
instrument of mortgage or trust shall not be liable
to duty under this subdivision and any debenture
issued pursuant to any such instrument in respect
of any amount subscribed for in Victoria shall be
deemed to be duly stamped in accordance with the
requirements of this subdivision and any
debenture issued in respect of any amount
subscribed for outside Victoria shall not be
chargeable with duty under this subdivision unless
it is assigned transferred or in any manner
negotiated in Victoria.
S. 137M(2)
amended by
Nos 7268
s. 4(1)(g), 8157
s. 9(5)(a)(b),
8465 s. 11(5)
(a)(b), 9911
s. 7(1),
substituted by
No. 9991
s. 21(1).
(2) An undertaking given by a borrowing corporation
and a trustee for the holders of debentures under
sub-section (1) shall be under seal and—
S. 137M(2)(a)
amended by
No. 65/1988
s. 14(1)(a).
(a) shall bind the trustee and the borrowing
corporation to lodge with the Comptroller of
Stamps not later than the 15th day of each
month a statutory declaration setting forth
the total amount subscribed for in Victoria in
respect of debentures issued under the
instrument of mortgage or trust during the
preceding month of the year; and
S. 137M(2)(b)
amended by
No. 65/1988
s. 14(1)(b).
(b) shall bind the borrowing corporation to pay
to the Comptroller of Stamps not later than
the 15th day of each month eighty cents
($0.80) for every $200 and for any fractional
part of $200 so subscribed for in respect of
debentures (other than exempt debentures)
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Stamps Act 1958
Act No. 6375/1958
s. 137M
under that instrument in Victoria during the
preceding month of the year where the
amounts are not repayable at call or on the
expiration of a term of three months or less
and forty cents ($0.40) for every $2000 and
for any fractional part of $2000 so subscribed
for in respect of debentures (other than
exempt debentures) under that instrument in
Victoria during the preceding month of the
year where the amounts are repayable at call
or on the expiration of a term of three
months or less.
(2A) If the Comptroller of Stamps is satisfied that in the
circumstances of a particular case it is not
reasonable to require a statutory declaration and
payment under sub-section (2) each month, the
Comptroller may agree to accept statutory
declarations and payments at such times and
relating to such periods as the Comptroller thinks
fit but any such agreement may be cancelled by
the Comptroller by notice in writing given to the
trustee and the borrowing corporation.
S. 137M(2A)
inserted by
No. 10256
s. 15(6).
(2B) In sub-section (2), a reference to amounts
repayable at call includes a reference to moneys
repayable on demand at the expiration of a term of
three months or less and, if not demanded,
thereafter repayable at call.
S. 137M(2B)
inserted by
No. 88/1986
s. 23.
(3) Where a person resident or domiciled in Victoria
becomes the holder of a debenture referred to in
sub-section (1) which was subscribed for outside
Victoria, the debenture is chargeable, on the date
on which that person becomes the holder of the
debenture, with an amount of duty under this
subdivision equal to the amount of duty that
would be chargeable under this subdivision (other
than under this section) if the debenture had been
issued on that date unless ad valorem duty has
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S. 137M(3)
inserted by
No. 9991
s. 21(2),
amended by
Nos 10256
s. 15(7),
65/1988
s. 14(2).
Stamps Act 1958
Act No. 6375/1958
s. 137M
been paid or is payable in another State or in a
Territory of the Commonwealth in respect of the
issue of or subscription for the debenture or it is
an exempt debenture.
S. 137M(4)
inserted by
No. 9991
s. 21(2).
(4) In this section, a reference to an amount
subscribed for in respect of debentures includes a
reference to an amount represented by debentures
issued upon the conversion or renewal of an
existing holding of debentures or other marketable
securities.
S. 137M(5)
inserted by
No. 65/1988
s. 14(3),
amended by
No. 76/1992
s. 31.
(5) In this section, "exempt debenture" means a
debenture that is a debenture on which stamp duty
is not payable by reason of section 137MBA or a
debenture that forms or is to form part of an issue
that the Comptroller of Stamps is satisfied is an
issue, or an issue forming part of a series of issues,
where—
(a) the total face value of debentures issued or to
be issued under the issue or series of issues is
not less than $10 000 000; and
(b) the issue, or series of issues, is or is to be
made during a period not exceeding six
months; and
(c) the issue, or each issue, consists or is to
consist of not less than 20 debentures; and
(d) the face value of each debenture is or is to be
not less than $100 000; and
S. 137M(5)(e)
amended by
No. 119/1994
s. 33(9)(n).
(e) the debentures are or are to be issued only to
persons who carry on a business of buying or
selling debentures, bonds or covenants or
shares or prescribed interests within the
meaning of the Corporations Law, whether
as principal or agent and whether or not that
business is part of, or is carried on in
conjunction with, any other business.
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Stamps Act 1958
Act No. 6375/1958
s. 137MA
137MA. Application for exemption from stamp duty payable
on mortgage
*
*
*
*
*
S. 137MA
inserted by
No. 9850
s. 98(1).
S. 137MA(1)
repealed by
No. 27/1995
s. 14.
S. 137MA(1A)
inserted by
No. 65/1988
s. 15.
(1A) If—
(a) in relation to a conveyance of real property a
person is, or persons are, an eligible person
for the purposes of section 71A or 71B; and
S. 137MA
(1A)(a)
amended by
No. 49/1997
s. 10(1).
(b) the eligible person mortgages the real
property—
the eligible person may make application in
writing to the Comptroller of Stamps for an
amount by way of refund of, or an exemption
from, stamp duty paid or payable, but for this
section, on the mortgage in respect of money
secured by the mortgage and used or proposed to
be used for the purpose of purchasing the real
property or the construction of a dwelling on the
real property.
(1B) A reference in sub-section (1A)(b) to an eligible
person who mortgages real property includes a
reference to an eligible person who enters into a
refinancing mortgage (within the meaning of
section 137MC(1)) in respect of real property.
(2) An application under this section shall be
accompanied by a statutory declaration by the
AB-26/5/98
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S. 137MA(1B)
inserted by
No. 49/1997
s. 10(2).
Stamps Act 1958
Act No. 6375/1958
s. 137MB
applicant verifying the statements in the
application.
(3) Where an application is made under this section,
the Comptroller of Stamps shall, if he is satisfied
that the applicant is entitled to an exemption from,
or refund of, stamp duty, grant the exemption or
make the refund accordingly.
(4) A person shall not, in connexion with an
application under this section, make a statement
that, to his knowledge, is false or misleading in a
material particular.
Penalty:
10 penalty units or imprisonment for
six months or both.
(5) Where a person is convicted of an offence against
sub-section (4), the person is liable, by way of
further penalty, to pay an amount equal to double
the amount of duty that, but for the offence, would
have been payable.
(6) This section, as amended by section 10 of the
State Taxation Acts (Further Amendment) Act
1997 applies to refinancing mortgages entered into
on or after 1 May 1997.
S. 137MA(6)
inserted by
No. 49/1997
s. 10(3).
S. 137MB
inserted by
No. 88/1986
s. 24(1).
137MB. Exemption for certain corporate debentures
(1) A corporation that has made or intends to make a
prescribed issue may apply in writing to the
Comptroller of Stamps for an exemption from, or
refund of, stamp duty paid or payable on—
S. 137MB(1)(a
) amended by
No. 65/1988
s. 16.
(a) a debenture, bond or covenant that is—
(i) a security that is part of a prescribed
issue; or
(ii) a collateral security for a prescribed
issue; or
AB-26/5/98
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Stamps Act 1958
Act No. 6375/1958
(b) any instrument of trust for the sole purpose
of securing holders of debentures, bonds or
covenants that are securities forming the
whole or any part of a prescribed issue.
(2) An application under sub-section (1) must be
accompanied by a statutory declaration made on
behalf of the corporation verifying the making of,
or intention to make, a prescribed issue.
(3) If the Comptroller of Stamps is satisfied that the
corporation has made or intends to make the
prescribed issue, the Comptroller may grant the
exemption or make the refund.
(4) A person must not, in or in connexion with an
application under this section, make a statement
that the person knows is false or misleading in a
material particular.
Penalty:
10 penalty units or imprisonment for
six months or both.
(5) A person who is convicted of an offence against
sub-section (4) is liable, by way of further penalty,
to pay an amount equal to double the amount of
duty that, but for the offence, would have been
payable.
(6) In this section, "prescribed issue" means an
issue, or series of issues, by a corporation of
debentures, bonds or covenants of the corporation
where—
(a) the total face value of debentures, bonds and
covenants so issued is not less than
$10 000 000; and
(b) the issue, or series of issues, is made during a
period not exceeding 6 months; and
(c) each issue consists of not less than
20 debentures, bonds or covenants; and
AB-26/5/98
290
s. 137MB
S. 137MB(1)(b
) amended by
No. 65/1988
s. 16.
Stamps Act 1958
Act No. 6375/1958
s. 137MBA
(d) the face value of each debenture, bond or
covenant is not less than $100 000; and
S. 137MB(6)(e
) amended by
No. 119/1994
s. 33(9)(o).
S. 137MBA
inserted by
No. 76/1992
s. 32.
(e) the debentures, bonds or covenants are
issued only to persons who carry on a
business of buying or selling debentures,
bonds or covenants or shares or prescribed
interests within the meaning of the
Corporations Law, whether as principal or
agent and whether or not that business is part
of, or is carried on in conjunction with, any
other business.
137MBA. Exemption of certain debentures and related
instruments from duty24
(1) In this section—
"financial corporation" means a corporation
whose sole or principal business is that of the
provision of finance to the public;
"related corporation", in relation to a financial
corporation, means a corporation that is
deemed to be related to the financial
corporation by virtue of section 50 of the
Corporations Law.
(2) Subject to sub-section (3), but despite any other
provision of this Act—
(a) stamp duty is not payable on—
(i) a debenture issued by a financial
corporation or a related corporation
pursuant to an instrument of trust to
which the financial corporation or
related corporation is a party and which
protects the interests of the holders of
the debentures; or
(ii) a debenture issued by a financial
corporation or a related corporation the
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Stamps Act 1958
Act No. 6375/1958
s. 137MC
repayment in respect of which is
secured by a mortgage, bond or
covenant executed by the financial
corporation or related corporation; and
(b) stamp duty under this subdivision is not
payable on—
(i) an instrument of trust to which a
financial corporation or a related
corporation is a party and which
protects the interests of the holders of
debentures issued by the financial
corporation or related corporation
pursuant to the instrument; or
(ii) a mortgage, bond or covenant executed
by a financial corporation or a related
corporation to secure the repayment of
debentures issued by the financial
corporation or related corporation.
(3) Sub-section (2) applies to a debenture issued, or
an instrument of trust, or a mortgage, bond or
covenant executed, by a related corporation only
in so far as the debenture is issued, or the
instrument of trust or mortgage, bond or covenant
is executed, for the purpose of raising funds to be
used by a financial corporation.
137MC. Exemption for re-financed loans
(1) In this section—
"refinancing mortgage" means a mortgage to
secure a loan the arrangements for which
include the discharge of an earlier mortgage
securing an earlier loan if—
(a) the borrower is the same as under the
earlier loan; and
(b) either—
AB-26/5/98
292
S. 137MC
inserted by
No. 10/1996
s. 25,
substituted by
No. 49/1997
s. 11.
Stamps Act 1958
Act No. 6375/1958
s. 137MC
(i) duty under Heading XXII in the
Third Schedule was paid in
respect of the earlier mortgage and
it was duly stamped; or
(ii) the earlier mortgage was exempt
from duty under this Act.
(2) A person who enters into a refinancing mortgage
may apply in writing to the Comptroller of Stamps
for an exemption from, or refund of, an amount of
stamp duty paid or payable in respect of the
mortgage calculated in accordance with this
section.
(3) An application under this section must be
accompanied by a statutory declaration verifying
the statements made in the application.
(4) The amount of stamp duty in respect of which a
person is entitled to an exemption or refund under
this section is to be determined in accordance with
the following formula—
A = B− C
where—
A is the amount of the exemption or refund;
B is the stamp duty paid or payable (but for this
section) in respect of the refinancing mortgage;
C is the amount of stamp duty that would have
been paid or payable if the loan secured by the
refinancing mortgage had been reduced by the
amount of the principal outstanding under the
earlier loan immediately before the execution of
the refinancing mortgage.
(5) If an application is made under this section and the
Comptroller is satisfied that the applicant is
entitled to an exemption from or a refund of stamp
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Stamps Act 1958
Act No. 6375/1958
s. 137N
duty, the Comptroller must grant the exemption or
make the refund accordingly.
(6) A person must not, in connection with an
application under this section, make a statement
that, to the person's knowledge, is false or
misleading in a material particular.
Penalty:
10 penalty units or imprisonment for
6 months or both.
(7) If a person is convicted of an offence against subsection (6), the person is liable, by way of further
penalty, to pay an amount equal to double the
amount of duty that, but for the offence, would
have been payable.
(8) This section, as substituted by section 11 of the
State Taxation Acts (Further Amendment) Act
1997, applies in respect of a refinancing mortgage
entered into on or after 1 May 1997 and section
137MC, as in force immediately before the
commencement of section 11 of the State
Taxation Acts (Further Amendment) Act 1997,
applies in respect of a mortgage entered into
before 1 May 1997.
137N. Definitions
(1) For the purposes of this subdivision and the
provisions of the Third Schedule under the
Heading "XXII MORTGAGE, BOND,
DEBENTURE OR COVENANT" and the
interpretation of "Marketable security" where used
in this subdivision or those provisions—
(a) "borrowing corporation", "company",
"corporation" and "share" have the same
respective meanings as they have in the
Corporations Law;
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294
S. 137MC(8)
amended by
No. 86/1997
s. 26.
S. 137N
inserted by
No. 7204
s. 6(b),
substituted by
No. 9662 s. 18,
amended by
No. 10118
s. 10(3)(a)–(d).
S. 137N(1)(a)
amended by
Nos 9699
s. 23,
119/1994
s. 33(p).
Stamps Act 1958
Act No. 6375/1958
s. 137N
(b) "declared institution" means an institution
declared by the Comptroller of Stamps by
notice published in the Government Gazette
to be an institution for the purposes of subparagraph (vi) of the interpretation of
"debenture" in paragraph (c);
S. 137N(1)(b)
amended by
No. 9725
s. 4(1).
S. 137N(1)(c)
amended by
No. 9699 s. 23
(as amended
by No. 9902
s. 2(1)).
(c) "debenture" includes debenture stock,
bonds, notes and any other document
evidencing or acknowledging indebtedness
of a corporation in respect of money that is
or may be deposited with or lent to the
corporation, whether constituting a charge on
property of the corporation or not, but does
not include—
S. 137N(1)(c)(i
) amended by
No. 119/1994
s. 33(9)(q).
(i) a document that merely acknowledges
the receipt of money by a corporation in
a case where, in respect of the money,
the corporation issues, in compliance
with section 1023 of the Corporations
Law, a document prescribed by subsection (2) of that section and complies
with the other requirements of that
section;
(ii) an order for the payment of money;
(iii) a bill of exchange or a promissory note;
S. 137N(1)
(c)(iv)
amended by
Nos 9850
s. 97(b),
65/1987
s. 20(1).
(iv) a document that merely evidences or
acknowledges the indebtedness of a
bank, an authorized dealer in the shortterm money market or a dealer in the
unofficial short-term money market in
respect of a deposit or a loan—
(A) for a term not exceeding 185 days;
or
(B) repayable at call; or
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Stamps Act 1958
Act No. 6375/1958
s. 137N
(C) for a term not exceeding 185 days
and thereafter at call;
(v) a document, not being an
acknowledgment of indebtedness of a
corporation in respect of money that is
deposited with or lent to the
corporation, that does not create
indebtedness; or
(vi) a document that merely evidences or
acknowledges the receipt of money by a
bank or a registered building society or
by a declared institution that lends
money in the ordinary course of its
business where—
(A) the money is deposited with, or
lent to, the bank, society or
institution by a person otherwise
than in the course of a moneylending business or in the course
of a money-lending business if the
only money-lending business
carried on by that person is
depositing money with or lending
money to that bank, society or
institution; and
(B) the money is not so deposited or
lent under an invitation to the
public to deposit or lend moneys
within a specified period;
(d) "authorized dealer in the short-term
money market" means a corporation that,
under section 65(1)(a) of the Corporations
Law is declared, or deemed to be declared, to
be an authorized dealer in the short-term
money market;
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296
S. 137N(1)(d)
substituted by
No. 10118
s. 10(3)(c),
amended by
No. 119/1994
s. 33(9)(r).
Stamps Act 1958
Act No. 6375/1958
s. 137N
(e) "bank" means a bank within the meaning of
section 5 of the Banking Act 1959 of the
Commonwealth as amended and in force for
the time being or a bank constituted under a
law of a State or Territory; and
S. 137N(1)(e)
inserted by
No. 10118
s. 10(3)(c).
S. 137N(1)(f)
substituted by
No. 10118
s. 10(3)(c).
(f) "dealer in the unofficial short-term money
market" means—
(i) a body corporate that, under section
131AG(2) as in force immediately
before the commencement of section 10
of the Stamps (Amendment) Act
1984, is declared to be a dealer in the
unofficial short-term money market,
unless the declaration is revoked for the
purposes of this subdivision under subsection (2); or
(ii) a body corporate declared by the
Comptroller of Stamps by notice
published in the Government Gazette to
be, for the purposes of this subdivision,
a dealer in the unofficial short-term
money market; or
S. 137N(1)
(f)(iii)
inserted by
No. 65/1987
s. 20(2).
(iii) a body corporate which is registered as
a short-term money market operator for
the purposes of the Financial
Institutions Duty Act 1982.
S. 137N(2)
inserted by
No. 10118
s. 10(3)(d).
(2) The Comptroller of Stamps may, by notice
published in the Government Gazette, revoke—
(a) for the purposes of this subdivision, a
declaration made under section 131AG(2) as
in force immediately before the
commencement of section 10 of the Stamps
(Amendment) Act 1984; or
(b) a declaration made under sub-section
(1)(f)(ii).
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Stamps Act 1958
Act No. 6375/1958
(17A) Mortgage-backed securities
137NA. Definitions
In this subdivision—
s. 137NA
Pt 2 Div. 3
Subdiv. (17A)
(Heading and
ss 137NA,
137NB)
inserted by
No. 17/1988
s. 3.
S. 137NA
inserted by
No. 17/1988
s. 3.
"mortgage" means an instrument of mortgage or
charge—
(a) of an estate or interest—
(i) in land (whether within or outside
Victoria), including a leasehold
interest in any such land; or
(ii) in property, or property of a class,
(whether within or outside
Victoria) declared by Order of the
Governor in Council published in
the Government Gazette to be
property, or a class of property, to
which this subdivision applies;
and
(b) that contains the conditions (if any)
declared by Order of the Governor in
Council published in the Government
Gazette to be the required conditions
for the purposes of this subdivision;
"mortgage-backed security" means—
(a) an instrument issued or made in respect
of an entitlement or interest of a person
in—
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298
S. 137NA def.
of "mortgagebacked
security"
amended by
No. 65/1988
s. 21(1)(i).
Stamps Act 1958
Act No. 6375/1958
s. 137NA
(i) a right or entitlement of a
mortgagee or any other right or
entitlement in respect of a
mortgage or pool of mortgages; or
(ii) money payable by a mortgagor
under a mortgage or pool of
mortgages (whether or not on the
same terms and conditions as
apply under the mortgage)—
whether or not the holder of the
instrument is entitled to a transfer or
assignment of the mortgage or pool of
mortgages; or
(b) an instrument that—
(i) is a debenture (within the meaning
of section 137N), promissory note,
bill of exchange, stock, bond, note
or other document creating,
evidencing or acknowledging
indebtedness; and
(ii) is issued or made by a
corporation—
the payments under which are derived
by the corporation substantially, or to
the extent declared by Order of the
Governor in Council published in the
Government Gazette, from the receipts,
whether of capital or income, from a
mortgage or pool of mortgages; or
(c) an instrument of a class declared by
Order of the Governor in Council
published in the Government Gazette to
be mortgage-backed securities; or
(d) an instrument by which an interest in or
mortgage or charge over an instrument
AB-26/5/98
299
Stamps Act 1958
Act No. 6375/1958
s. 137NA
mentioned in paragraph (a), (b) or (c) is
created—
but does not include—
(e) a mortgage (other than a mortgage
referred to in paragraph (d)); or
(f) an instrument of transfer of a mortgage;
or
(g) an instrument of declaration of trust; or
(h) an instrument of a class declared by
Order of the Governor in Council
published in the Government Gazette to
be instruments to which an exemption
under this subdivision does not apply;
"pool of mortgages" means a pool or collection
of assets—
(a) that consists only of mortgages; or
(b) that—
(i) consists substantially, or to the
extent declared by Order of the
Governor in Council published in
the Government Gazette, of
mortgages or of money paid under
mortgages, or both mortgages and
such money; and
(ii) may include—
(A) cash; and
(B) investments of a kind
referred to in section 4(1)(a),
(b), (c), (d), (e), (f), (g), (h),
(i), (ia), (j), (k) or (o) of the
Trustee Act 1958 as in force
immediately before the
commencement of section 4
AB-26/5/98
300
S. 137NA
def. of "pool
of
mortgages"
amended by
No. 104/1995
s. 6(Sch. 1
item 24).
Stamps Act 1958
Act No. 6375/1958
s. 137NB
of the Trustee and Trustee
Companies (Amendment)
Act 1995; and
(C) assets of a class of assets
declared by Order of the
Governor in Council
published in the Government
Gazette to be assets for the
purposes of this subdivision.
S. 137NB
inserted by
No. 17/1988
s. 3.
137NB. Exemption from duty
Duty is not chargeable under this Act in respect
of—
(a) the issue, making or endorsement of a
mortgage-backed security; or
(b) the transfer, assignment, mortgaging or
charging of, or other dealing in, a mortgagebacked security; or
(c) the discharge, cancellation or termination of
a mortgage-backed security; or
(d) a mortgage or charge of a mortgage or pool
of mortgages or part of a pool of mortgages
for the purpose of creating, issuing,
marketing or securing a mortgage-backed
security—
(i) to a person entitled to a mortgagebacked security or a trustee or agent for
such a person; or
(ii) by or to a person who issues, makes or
endorses a mortgage-backed security; or
(iii) to a person who provides security
(whether as guarantor, surety or
otherwise) to a person entitled to a
mortgage-backed security or a trustee or
agent for such a person; or
AB-26/5/98
301
Stamps Act 1958
Act No. 6375/1958
s. 137NB
(e) the issue, making, endorsement, transfer,
assignment, mortgaging or charging of, or
other dealing in an instrument, or instrument
of a class—
(i) issued or made for the purpose of or in
connection with creating, issuing,
marketing or securing payments under
mortgage-backed securities; and
(ii) declared by Order of the Governor in
Council published in the Government
Gazette to be an instrument, or class of
instrument, to which an exemption
under this section applies.
AB-26/5/98
*
*
*
*
*
Pt 2 Div. 3
Subdiv. (18)
(Heading and
s. 137O)
inserted by
No. 7204
s. 8(1),
amended by
Nos 9541 s. 5,
9662 s. 19(n),
10256
s. 18(1)(b),
repealed by
No. 65/1987
s. 21(1)(c).
*
*
*
*
*
Pt 2 Div. 3
Subdiv. (19)
(Heading and
s. 137P)
inserted by
No. 7204
s. 8(1),
amended by
Nos 7268
s. 5(1)(a), 9662
s. 19(o), 10256
s. 18(1)(c),
65/1988
s. 2(i)(j),
repealed by
No. 49/1997
s. 12.
302
Stamps Act 1958
Act No. 6375/1958
s. 137Q
(20) Exemptions
Pt 2 Div. 3
Subdiv. (20)
(Heading and
S. 137Q)
inserted by
No. 9541 s. 6.
S. 137Q
inserted by
No. 9541 s. 6,
amended by
Nos 9662
s. 19(p)(i)(ii),
9991 s. 22(a).
137Q. Limit of application of provisions of this Act
The provisions of this Act shall not apply to an
instrument whether executed before or after the
commencement of the Stamps (Miscellaneous
Amendment) Act 1981 given to or executed by—
(a) the Commissioner of Probate Duties to
secure or guarantee the payment of probate
duty (whether by way of instalments or
otherwise) pursuant to section 10A of the
Probate Duty Act 1962 (as in force
immediately before the commencement of
section 5 of the Probate Duty Act 1977) or
section 38A or 38B of the Probate Duty Act
1962;
S. 137Q(b)
amended by
No. 40/1997
s. 138(Sch. 2
item 13.2(a)).
(b) the Commissioner of State Revenue to
secure or guarantee the payment of tax
(within the meaning of the Pay-roll Tax Act
1971) (whether by way of instalments or
otherwise) pursuant to section 21 of the Payroll Tax Act 1971;
S. 137Q(c)
amended by
Nos 65/1988
s. 21(1)(k),
40/1997
s. 138(Sch. 2
item 13.2(b)).
(c) the Commissioner of State Revenue to
secure or guarantee the payment of tax
(within the meaning of the Land Tax Act
1958) (whether by way of instalments or
otherwise) pursuant to section 91, 91B or
91C of the Land Tax Act 1958;
S. 137Q(d)
inserted by
No. 9662
s. 19(p)(ii).
(d) the Comptroller of Stamps to secure or
guarantee the payment of duty (whether by
way of instalments or otherwise) pursuant to
section 140C;
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303
Stamps Act 1958
Act No. 6375/1958
s. 137R
(e) the Commissioner of State Revenue to
secure or guarantee the payment of licence
fees (whether by way of instalments or
otherwise) pursuant to section 7A of the
Business Franchise (Tobacco) Act 1974;
*
*
*
*
*
(g) the Commissioner within the meaning of the
Financial Institutions Duty Act 1982 to
secure or guarantee the payment of duty
(whether by way of instalments or otherwise)
pursuant to section 49 of that Act.
137R. Corporate reconstructions
(1) An instrument executed after the commencement
of section 5 of the Stamps (Amendment) Act
1988 is exempt to the extent determined by the
Minister from duty under this Act if it is an
instrument of a class that, under guidelines
approved for the time being by the Minister, is a
class of instrument arising out of a bona fide
corporate reconstruction.
(2) If duty under this Act has been paid on an
instrument that, under sub-section (1), is exempt
or partially exempt from duty, the Comptroller of
Stamps must refund any duty paid that, by reason
of the exemption, is not payable.
(3) The Minister must, before 31 October in each
year, cause to be laid before each House of the
Parliament, a report of exemptions and partial
exemptions approved and refunds made under this
section in the preceding financial year, including
AB-26/5/98
304
S. 137Q(e)
inserted by
No. 9991
s. 22(b),
amended by
No. 40/1997
s. 138(Sch. 2
item 13.2(c)).
S. 137Q(f)
inserted by
No. 9991
s. 22(b),
repealed by
No. 36/1997
s. 20(4).
S. 137Q(g)
inserted by
No. 9991
s. 22(b).
S. 137R
inserted by
No. 28/1988
s. 5.
Stamps Act 1958
Act No. 6375/1958
s. 137S
the name of each corporation that has had the
benefit of an exemption, partial exemption or
refund and the amount of stamp duty that would
have been payable but for the exemption or partial
exemption and the amount of any refund.
S. 137S
inserted by
No. 74/1991
s. 27.
137S. Exemption: special trusts and land tax
(1) An instrument for the conveyance of real property
executed after the commencement of section 26 of
the Land Tax (Revision) Act 1991 is exempt
from duty under this Act if it is an instrument in
respect of which the Commissioner of State
Revenue has given a certificate under that section.
S. 137S(1)
amended by
No. 40/1997
s. 138(Sch. 2
item 13.3).
(2) If duty under this Act has been paid on an
instrument that, under sub-section (1), is exempt
from duty, the Comptroller of Stamps must refund
any duty paid that, by reason of that exemption, is
not payable.
_______________
AB-26/5/98
305
Stamps Act 1958
Act No. 6375/1958
s. 138
PART III—ADMINISTRATION, LICENCES, OFFENCES,
REGULATIONS, ETC.
No. 5204
s. 138.
138. Definition
In this Part unless inconsistent with the context or
subject-matter—
"duty" or "duties" includes a fee or fees under
Part I and a duty or duties under Part II.
139. Duties to be managed by Comptroller of Stamps
The Comptroller of Stamps—
(a) shall have the care and management of all
stamps and stamp duties;
No. 5204
s. 139.
S. 139
amended by
No. 119/1994
s. 28.
(b) shall provide proper and sufficient dies or
other implements for expressing and
denoting such and so many stamps of
different values as are from time to time
required for the purposes of this Act;
(c) shall cause such adhesive stamps as are
required for the purposes of this Act to be
made and sold; and
(d) shall have all necessary powers and
authorities for carrying this Act into
execution.
No. 5204
s. 140.
140. Administration
The Comptroller has the general administration of
this Act and the regulations.
AB-26/5/98
306
S. 140
amended by
Nos 7317 s. 6,
7830 s. 10(a),
9502 s. 5,
9549 s. 2(1),
substituted by
No. 40/1997
s. 138(Sch. 2
item 13.4)
Stamps Act 1958
Act No. 6375/1958
s. 140A
S. 140A
inserted by
No. 7585 s. 8,
amended by
Nos 7830
s. 10(b), 9413
s. 14(a)–(c),
9662 ss 19(q),
23(ar), 9698
s. 14(7), 9699
s. 23,
substituted by
No. 9766 s. 6.
140A. Secrecy provisions
(1) The Comptroller of Stamps or any person
authorized by him may communicate any
information respecting the affairs of any person
disclosed or obtained under the provisions of this
Act to—
S. 140A(1)
(a)(b)
repealed by
No. 37/1987
s. 10(2)(a).
*
*
*
*
*
(c) the Valuer-General appointed under Part I of
the Valuation of Land Act 1960 or to any
person authorized by him with respect to the
valuation of any property for the purposes of
this Act;
S. 140A(1)(d)
substituted by
No. 9991 s. 23.
(d) the Commissioner for Corporate Affairs or a
person authorized by him;
S. 140A(1)(da)
inserted by
No. 9991 s. 23,
repealed by
No. 37/1987
s. 10(2)(a).
*
S. 140A(1)(db)
inserted by
No. 9991 s. 23.
*
*
*
*
(db) any member of the police force;
S. 140A
(1)(dba)
inserted by
No. 103/1993
s. 8.
(dba) a member of the Australian Federal Police;
S. 140A(1)(dc)
inserted by
No. 9991 s. 23.
(dc) the Director of Consumer Affairs or a person
authorized by him;
AB-26/5/98
307
Stamps Act 1958
Act No. 6375/1958
s. 140A
(dd) the Estate Agents Licensing Authority or a
member of the Estate Agents' Council or the
Estate Agents Disciplinary and Licensing
Appeals Tribunal or a person authorised by
that Authority, Council or Tribunal;
S. 140A(1)(dd)
inserted by
No. 9991 s. 23,
substituted by
No. 86/1994
s. 48.
(de) a member of the Bookmakers and
Bookmakers Clerks Registration Committee
or a person authorised by the Committee;
S. 140(1)(de)
inserted by
No. 88/1986
s. 25.
(e) any member of the Motor Car Traders
Licensing Authority established under the
Motor Car Traders Act 1986; or
S. 140(1)(e)
amended by
No. 104/1986
s. 122.
(f) any special commission (within the meaning
of the Evidence (Commissions) Act 1982)
where—
(i) the Comptroller of Stamps has received
a request in writing for information
from the special commission; and
(ii) the Treasurer has given written
approval to the Comptroller of Stamps
of the communication of that
information.
(2) Except as provided in sub-section (1) or in the
Taxation (Reciprocal Powers) Act 1987 a person
shall not—
S. 140A(2)
amended by
No. 37/1987
s. 10(2)(b)(i).
(a) make a record of, divulge or communicate to
any person or publish any information or any
document or part of a document obtained by
him in connexion with the administration or
execution of this Act; or
S. 140A(2)(a)
amended by
No. 37/1987
s. 10(2)(b)(ii).
(b) be required to produce in court any document
connected with the administration or
execution of this Act in his custody in the
course of his employment or to divulge or
communicate to any court any matter or
AB-26/5/98
308
Stamps Act 1958
Act No. 6375/1958
s. 140B
thing coming under his notice in the course
of his employment—
unless the production, divulgence, communication
or publication is made—
(c) with the consent of the person from whom
the information or document was obtained;
(d) in connexion with the administration or
execution of this Act or the regulations; or
(e) for the purpose of any legal proceedings
arising out of this Act or the regulations or of
any report of any such proceedings.
S. 140AA
inserted by
No. 23/1986
s. 3, repealed
by No.
40/1997
s. 138(Sch. 2
item 13.5).
S. 140B
inserted by
No. 9413 s. 15.
Penalty:
10 penalty units.
*
*
*
*
*
140B. Comptroller to keep register of certain registrations
(1) The Comptroller shall cause to be kept a
register—
(a) of approved insurers for the purposes of
subdivision (11A) of Division 3 of Part II;
(b) of registered persons for the purposes of
subdivision (13A) of Division 3 of Part II;
and
(c) of approved vendors for the purposes of
subdivision (14) of Division 3 of Part II.
(2) The register shall be available at the office of the
Comptroller for inspection by members of the
public during ordinary office hours.
(3) The inspection of the register or the giving by the
Comptroller of any information recorded in the
AB-26/5/98
309
Stamps Act 1958
Act No. 6375/1958
s. 140C
register shall not be construed as making a record
of or divulging or communicating information
within the meaning of section 140A(2).
140C. Power to extend period for payment of duty
(1) Where—
S. 140C
inserted by
No. 9662 s. 20.
(a) under this Act, stamp duty on an instrument
is required or permitted to be paid at any
time before the expiration of a period
without the payment of a penalty; and
(b) an application is made to the Comptroller of
Stamps whether before or after the expiration
of that period for a determination under this
section—
the Comptroller of Stamps may, if he thinks fit,
determine that the period be extended by such
further period as he specifies and, where he makes
such a determination, may make any or all of the
following determinations—
(c) a determination that the stamp duty payable
on the instrument be paid by such
instalments on such dates as he specifies;
(d) a determination that interest is payable on the
amount of stamp duty payable on the
instrument that is outstanding from time to
time at such rate not exceeding 20 per
centum per annum as he specifies;
(e) a determination that such security for the
payment of stamp duty and any interest
payable pursuant to a determination under
paragraph (d) be given to him as the
Comptroller of Stamps specifies.
(2) Where an instrument to which a determination
under sub-section (1) applies is not stamped
before the expiration of the period referred to in
AB-26/5/98
310
S. 140C(1)(b)
amended by
No. 10256
s. 18(1)(d).
Stamps Act 1958
Act No. 6375/1958
s. 141
the determination, the instrument may be stamped
on payment of the unpaid duty, any interest
payable in accordance with a determination made
under paragraph (d) of that sub-section and a
penalty of double the amount of duty payable on
the instrument.
(3) Notwithstanding that, in accordance with a
determination made under sub-section (1), stamp
duty on an instrument is payable by instalments,
the instrument is not duly stamped until the total
amount of stamp duty payable on the instrument
has been paid.
(4) The Comptroller of Stamps may if he thinks fit
mitigate or remit any penalty payable under this
section or any interest payable in accordance with
a determination under sub-section (1).
(5) The payment of a penalty on stamping is to be
denoted on the instrument by a particular stamp.
(6) In this section, "instrument" includes any return,
statement, note or memorandum required to be
stamped under this Act.
No. 5204
s. 141.
141. Notice of discontinuance of dies
Whenever the Comptroller of Stamps determines
to discontinue the use of any die and provide a
new die to be used in lieu thereof and gives public
notice thereof in the Government Gazette, then
from and after any day to be stated in the notice
(such day not being within two months after the
same is so published) such new die shall be the
only lawful die for denoting the duty chargeable in
any case in which the discontinued die would have
been used if it had not been so discontinued, and
every instrument first executed by any person or
bearing date after the day so stated and stamped
S. 141
amended by
No. 119/1994
s. 28.
AB-26/5/98
311
Stamps Act 1958
Act No. 6375/1958
s. 142
with the discontinued die shall be deemed to be
not duly stamped:
Provided that—
(a) if any instrument stamped as last aforesaid
and first executed after the day so stated at
any place out of Victoria is brought to the
Comptroller of Stamps within fourteen days
after it has been received in Victoria, then
upon proof of the facts to the satisfaction of
the Comptroller of Stamps the stamp thereon
shall be cancelled, and the instrument shall
be stamped with the same amount of duty by
means of the lawful die without the payment
of any penalty;
S. 141
Proviso (a)
amended by
No. 119/1994
s. 28.
(b) all persons having in their possession any
material stamped with the discontinued die
which by reason of the providing of such
new die has been rendered useless may at
any time within six months after the day
mentioned in such notice send the same to
the chief office, and the Comptroller of
Stamps may thereupon cause the stamps on
such material to be cancelled and the same
material or, if the Comptroller of Stamps
thinks fit, any other material to be stamped
with the new die in lieu of and to an equal
amount with the stamps so cancelled.
S. 141
Proviso (b)
amended by
No. 119/1994
s. 28.
142. Duty stamps only to be used for purposes of this Act
(1) No document or instrument shall be deemed or
taken to be duly or properly stamped with an
adhesive stamp to denote the payment of any fee
or duty unless the words "stamp duty" are printed
on and form part of such stamp.
(2) Notwithstanding anything in the last preceding
sub-section, if before the thirtieth day of June One
AB-26/5/98
312
No. 5204
s. 142.
Stamps Act 1958
Act No. 6375/1958
s. 143
thousand nine hundred and one any document or
instrument chargeable with or liable to the
payment of any fee or duty by stamps is stamped
with a Victorian adhesive stamp or stamps on
which the words "stamp duty" are not printed and
form part of the stamp, then on application at any
time to the Comptroller of Stamps such document
or instrument, if the face value of the stamp or
stamps thereon is sufficient, may pursuant to the
provisions of this Act be stamped with a particular
stamp denoting that it is duly stamped, and
thereupon such document shall be admissible in
evidence and available for all purposes
notwithstanding any objection relating to fees or
stamps or duty thereon.
No. 5204
S. 143.
143. Comptroller of Stamps to appoint distributors of
stamps
S. 143(1)
amended by
No. 119/1994
s. 28.
(1) The Comptroller of Stamps shall appoint persons
to be distributors of stamps under this Act who—
(a) shall sell such of the said stamps as are
required; and
(b) shall keep an account of the number
denomination and amount thereof according
as they receive and sell them.
S. 143(2)
amended by
No. 119/1994
s. 28.
No. 5204
s. 144.
(2) The Comptroller of Stamps may at any time
revoke any such appointment.
144. Appointment of sellers of duty stamps
S. 144(1)
amended by
No. 119/1994
s. 28.
(1) The Comptroller of Stamps may appoint any
person in the public service of Victoria to sell and
distribute stamps and forms impressed with
stamps at any place named in the appointment,
and may at any time revoke any such appointment.
AB-26/5/98
313
Stamps Act 1958
Act No. 6375/1958
(2) The Comptroller of Stamps may authorize any
person or class of persons in the public service of
Victoria to sell and distribute stamps and forms
impressed with stamps at any specified place,
subject to the consent of the Comptroller of
Stamps administering the department in which the
person so authorized is employed, and may at any
time revoke any such authorization.
s. 145
S. 144(2)
amended by
No. 119/1994
s. 28.
(3) The Comptroller of Stamps may, pursuant to any
arrangement made between the Government of the
Commonwealth and the Government of Victoria,
authorize any person or class of persons in the
service of the Commonwealth to sell and
distribute stamps and forms impressed with
stamps, and may at any time revoke any such
authorization.
S. 144(3)
amended by
No. 119/1994
s. 28.
(4) Any manager of a bank or branch bank or any
barrister and solicitor or any other person may if
so authorized by the Comptroller of Stamps in
writing sell and distribute stamps and forms
impressed with stamps.
S. 144(4)
amended by
No. 6611 s. 3.
(5) Notwithstanding anything in this Act it shall be
lawful for the persons so appointed or authorized
to sell and distribute without a licence stamps and
forms impressed with stamps.
(6) In this section "public service" includes the
railway service the police force and officers of the
Parliament.
145. Granting of licences to deal in stamps
(1) The Comptroller of Stamps may at his discretion
grant a licence to any person to deal in stamps at
any place or places to be named in such licence.
AB-26/5/98
314
Nos 5204
s. 145, 6104
s. 6.
S. 145(1)
amended by
No. 119/1994
s. 28.
Stamps Act 1958
Act No. 6375/1958
s. 146
(2) Every person to whom any such licence is granted
shall enter into a bond to Her Majesty in a penal
sum of $200 with a condition that such licensed
person does not sell or offer for sale or exchange
or keep or have in his possession for the purpose
of sale or exchange any stamps other than such as
he has purchased or procured at the chief office or
from some person duly appointed to sell and
distribute stamps or duly licensed to deal in
stamps, or from some person authorized by the
Comptroller of Stamps as provided in this Act to
sell and distribute stamps without a licence.
S. 145(2)
amended by
Nos 119/1994
s. 28, 42/1996
s. 29(c).
(3) One such licence and one such bond only shall be
required for any number of persons in partnership.
(4) Every such licence shall—
(a) specify the proper full name and place of
abode or business of the person to whom the
same is granted; and
(b) contain a true description of every house or
shop in or at which he is by such licence
authorized to deal in duty stamps—
and such person shall not be thereby authorized or
entitled to deal in stamps in or at any house shop
or place not specified and described in his licence.
(5) The Minister may whenever he thinks fit by notice
in writing signed by him revoke and make void
any such licence.
No. 5204
s. 146.
146. How licence to be notified
Every person who is licensed to deal in stamps
shall, unless authorized in writing to the contrary
by the Minister—
S. 146
amended by
No. 9662
s. 23(as).
S. 146(a)
amended by
S.R. No.
315/1973
reg. 2.
(a) cause to be painted or printed at full length in
Roman capital letters 25 millimetres at least
in height and of a proper and proportionate
AB-26/5/98
315
Stamps Act 1958
Act No. 6375/1958
s. 147
breadth on some conspicuous place on the
outside of the front of every house or shop in
or at which he is licensed to deal in stamps
and so that the same may be at all times
plainly and distinctly visible and legible his
proper full name together with the words
"licensed to sell duty stamps"; and
(b) continue such names and words so painted as
aforesaid during all the time that he
continues licensed as aforesaid—
and for every neglect or omission in any of the
matters shall be liable to a penalty of not more
than 1 penalty unit:
Provided that in the case of several persons
licensed as aforesaid in partnership it shall be
sufficient if the full name of one only of such
persons is painted or printed in manner aforesaid.
147. Discount or commission
No. 5204
s. 147.
Upon the sale of stamps such discount or
commission as the Governor in Council directs
shall be allowed to purchasers thereof who are
licensed to sell duty stamps.
148. Bankruptcy, insolvency or death of licensee
(1) If any person licensed to deal in stamps dies or
becomes bankrupt or insolvent or if the licence of
any person to deal in stamps expires or is revoked
and any such person at the time of his death
bankruptcy or insolvency or at the expiration or
revocation of his licence has in his possession any
stamps, such person or his executor or
administrator or the trustee receiver or assignee
under his bankruptcy or insolvency may, within
three months after the expiration or revocation of
such licence or next after such death bankruptcy or
AB-26/5/98
316
No. 5204
s. 148.
Stamps Act 1958
Act No. 6375/1958
s. 149
insolvency (as the case may be), bring or send
such stamps to the chief office.
S. 148(2)
amended by
No. 119/1994
s. 28.
(2) The Comptroller of Stamps or some officer
authorized by him may in any such case pay to the
person bringing or sending any stamps the amount
of the duty thereon deducting therefrom the proper
discount or commission.
S. 148(3)
amended by
No. 119/1994
s. 28.
(3) The person who brings or sends such stamps shall
prove to the satisfaction of the Comptroller of
Stamps or such authorized officer—
(a) that the same were actually in the possession
of the person so dying or becoming bankrupt
or insolvent or whose licence has expired or
been revoked for the purpose of sale at the
time when such person died or became
bankrupt or insolvent or when such licence
expired or was revoked; and
(b) that such stamps were purchased or procured
by the person to whom such licence was
granted at the chief office, or from some
person duly appointed to sell and distribute
stamps or duly licensed to deal in stamps or
authorized to sell and distribute stamps
without a licence.
No. 5204
s. 149.
149. Allowance for spoiled stamps
S. 149
amended by
No. 119/1994
s. 28.
Subject to the regulations and to the production of
such evidence by affidavit or otherwise as the
Comptroller of Stamps requires, allowance shall
be made by the Comptroller of Stamps for—
S. 149(a)
amended by
No. 35/1996
s. 453(Sch. 1
item 77).
(a) the stamp on any material inadvertently and
undesignedly spoiled obliterated or by any
means rendered unfit for the purpose
intended before any instrument written
thereon is executed by any party, if for such
stamp no money or other consideration has
AB-26/5/98
317
Stamps Act 1958
Act No. 6375/1958
s. 149
been paid or given to the legal practitioner or
other person employed to transact the
business intended to have been carried into
execution thereby or to the person by whom
the same was written;
(b) any adhesive stamp which has never been
used or affixed to any material but which has
been inadvertently and undesignedly spoiled
or rendered unfit for use;
(c) the stamp used or intended to be used for any
bill of exchange or promissory note signed
by or on behalf of the drawer or intended
drawer but not—
(i) delivered out of his hands to the payee
or intended payee or any person on his
behalf; or
(ii) deposited with any person as a security
for the payment of money; or
(iii) in any way negotiated issued or put in
circulation or made use of in any other
manner whatever—
which, being a bill of exchange, has not been
accepted by the drawee:
Provided that the material on which any such
stamp is stamped does not bear any signature
intended as or for the acceptance of any bill
of exchange or promissory note to be
afterwards written thereon;
(d) the stamp used or intended to be used for any
bill of exchange or promissory note signed
by or on behalf of the drawer thereof but
which from any omission or error has been
spoiled or rendered useless, although the
same, being a bill of exchange, has been
presented for acceptance or accepted or
AB-26/5/98
318
S. 149(b)
amended by
No. 6505 s. 2.
Stamps Act 1958
Act No. 6375/1958
s. 149
endorsed or, being a promissory note, has
been delivered to the payee:
Provided that another completed and duly
stamped bill of exchange or promissory note
is produced identical in every particular
except in the correction of such error or
omission as aforesaid with the spoiled bill or
note;
(e) the stamp used for—
(i) an instrument executed by any party
thereto but afterwards found to be
absolutely void in law from the
beginning;
(ii) an instrument executed by any party
thereto but afterwards found unfit by
reason of any error or mistake therein
for the purpose originally intended;
(iii) an instrument executed by any party
thereto but which, by reason of the
death without having executed the same
of any person by whom it is necessary
that it should be executed or of the
refusal of any such person to execute
the same or to advance any money
intended to be thereby secured, cannot
be completed so as to effect the
intended transaction in the form
proposed;
(iv) an instrument executed by any party
thereto which, for want of the execution
thereof by some material and necessary
party and his inability or refusal to sign
the same, is in fact incomplete and
insufficient for the purpose for which it
was intended;
AB-26/5/98
319
Stamps Act 1958
Act No. 6375/1958
s. 149
(v) an instrument executed by any party
thereto which, by reason of the refusal
of any person to act under the same or
by the refusal or non-acceptance of any
office thereby granted, totally fails of
the intended purpose;
(vi) an instrument executed by any party
thereto which, for want of enrolment or
registration within the time required by
law, becomes null and void;
(vii) an instrument executed by any party
thereto which becomes useless in
consequence of the transaction intended
to be thereby effected being effected by
some other instrument duly stamped;
(viii) an instrument executed by any party
thereto which is inadvertently and
undesignedly spoiled and in lieu
whereof another instrument made
between the same parties and for the
same purpose is executed and duly
stamped:
Provided that—
(a) in the case of an executed instrument—
(i) the instrument is given up to be
cancelled or, if the instrument has been
lodged at the office of the RegistrarGeneral, the office of the Registrar of
Titles or the office of the Commissioner
for Corporate Affairs a reproduction of
an instrument or a recording of an
instrument within the meaning of
section 53 of the Evidence Act 1958
purporting to be signed by the
Registrar-General, the Registrar of
AB-26/5/98
320
S. 149
Proviso (a)(i)
amended by
Nos 9413
s. 13(2), 9699
s. 23, 18/1989
s. 13(Sch. 2
item 84(n)).
Stamps Act 1958
Act No. 6375/1958
s. 149
Titles or the Commissioner for
Corporate Affairs (as the case requires);
S. 149
Proviso (a)(ii)
amended by
No. 104/1993
s. 42(a)(i).
(ii) the application for relief is made within
3 years after the date of the instrument
or, if it is not dated, within 3 years after
the execution thereof by the person by
whom it was first or alone executed,
except—
where from unavoidable circumstances any
instrument for which another instrument has
been substituted cannot be given up to be
cancelled within the aforesaid period, and in
that case within 3 years after the date or
execution of the substituted instrument;
where the spoiled instrument has become
void for want of enrolment or registration,
and in that case within 3 years next after it
has so become void;
where the spoiled instrument has been sent
abroad, and in that case within 3 years after it
has been received back in any part of
Victoria; and
(iii) no action has been brought or suit
commenced in which the instrument
could or would have been given or
offered in evidence; and
S. 149
Proviso (b)
amended by
No. 104/1993
s. 42(a)(ii).
(b) in the case of stamped material not having
any executed instrument written thereon and
of an adhesive stamp not affixed to any
material, the application for relief is made
within 3 years after the stamp has been
spoiled as aforesaid.
AB-26/5/98
321
Stamps Act 1958
Act No. 6375/1958
150. Allowance for misused stamps
AB-26/5/98
s. 150
Nos 5204
s. 150, 6104
s. 7.
(1) When any person has inadvertently used for an
instrument liable to duty a stamp of greater value
than was necessary or has inadvertently used any
stamp for an instrument not liable to any duty, the
Comptroller of Stamps may, on application made
within 3 years after the date of the instrument, or,
if it is not dated, within 3 years after the execution
thereof by the person by whom it was first or
alone executed, and upon the instrument if liable
to any duty being restamped with the proper duty,
cancel and allow as spoiled the stamp so misused.
S. 150(1)
amended by
Nos 104/1993
s. 42(b),
119/1994
s. 28.
(2) In any case in which allowance is made for spoiled
or misused stamps the Comptroller of Stamps may
give in lieu thereof other stamps of the same
denomination and value or, if required and he
thinks proper, stamps of any other denomination
to the same amount and value or, at his discretion,
the same value in money, deducting the proper
allowance on the purchase of stamps of the like
description.
S. 150(2)
amended by
No. 119/1994
s. 28.
(3) When any person has used an adhesive stamp for
an instrument liable to duty and such duty is
required by this Act to be denoted by an impressed
stamp the Comptroller of Stamps may, upon the
instrument being impressed with the proper duty,
cancel and allow as spoiled the adhesive stamp so
misused.
S. 150(3)
amended by
No. 119/1994
s. 28.
322
Stamps Act 1958
Act No. 6375/1958
s. 151
(4) For the purposes of sub-sections (1) and (3) where
an instrument has been lodged at the office of the
Registrar-General, the office of the Registrar of
Titles or the office of the Commissioner for
Corporate Affairs it shall be a sufficient
compliance with the provisions of those subsections that a reproduction of an instrument or of
a recording of an instrument within the meaning
of section 53 of the Evidence Act 1958 purporting
to be signed by the Registrar-General, the
Registrar of Titles or the Commissioner for
Corporate Affairs (as the case requires) is stamped
in lieu of the instrument.
S. 150(4)
inserted by
No. 9413
s. 13(3),
amended by
Nos 9699
s. 23, 65/1988
s. 21(1)(l),
18/1989
s. 13(Sch. 2
item 84(o)).
No. 5204
s. 151.
151. Repurchase by Minister of stamps not wanted
When any person is possessed of a stamp which
has not been spoiled or rendered unfit or useless
for the purpose intended, but for which he has no
immediate use, the Comptroller of Stamps may if
he in his discretion thinks fit repay to him the
amount or value of such stamp in money,
deducting the proper discount, upon his delivering
up the stamp to be cancelled and proving to the
satisfaction of the Comptroller of Stamps—
S. 151
amended by
No. 119/1994
s. 28.
(a) that it was purchased by him with a bona fide
intention to use it; and
(b) that he has paid the full value thereof without
any deduction (except only the amount of
such discount); and
S. 151(c)
amended by
No. 104/1993
s. 42(c).
(c) that the stamp was so purchased within the
period of 3 years next preceding the
application at the chief office or from some
person duly appointed to sell and distribute
stamps or duly licensed to deal in stamps.
AB-26/5/98
323
Stamps Act 1958
Act No. 6375/1958
152. Penalty on unauthorized persons holding themselves
out as dealers in stamps
Every person who is not duly appointed to sell and
distribute stamps or duly licensed to deal in
stamps who writes paints or marks or causes or
procures to be written painted or marked or
permits or suffers to continue written painted or
marked upon any part of his house or shop either
in the inside or on the outside thereof or upon any
board or any material whatever exposed to public
view whether the same is affixed to his house or
shop or not any word or words importing or
signifying or intended to import or signify that he
is a vendor of or dealer in duty stamps shall, for
every day on which such offence is committed or
continued, be liable to a penalty not exceeding 1
penalty unit.
153. No person except distributor to deal in stamps without
licence
No person, other than such distributor of stamps
as aforesaid or such persons as are authorized by
the Comptroller of Stamps to sell and distribute
stamps without a licence, shall sell or deal in
stamps in Victoria without having obtained from
the Comptroller of Stamps a licence for that
purpose which is in force and unrevoked at the
time of such sale or dealing:
s. 153
No. 5204
s. 152.
S. 152
amended by
No. 9662
s. 23(at).
No. 5204
s. 153.
S. 153
amended by
Nos 119/1994
s. 28, 42/1996
s. 29(d).
Provided that it shall be lawful for any person
employed to prepare write or engross any deed or
instrument liable to stamp duty to charge his
employer with the amount of the stamp or stamps
impressed thereon without having obtained any
such licence as aforesaid to sell or deal in stamps.
154. Penalty for unauthorized dealing in stamps
AB-26/5/98
324
No. 5204
s. 154.
Stamps Act 1958
Act No. 6375/1958
s. 155
(1) Every person who—
S. 154(1)
amended by
No. 9662
s. 23(au)(i).
(a) not being duly appointed or authorized to sell
and distribute stamps or duly licensed to deal
in stamps, deals in any manner in stamps in
any part of Victoria; or
(b) being duly licensed to deal in stamps, deals
in any manner in stamps at any house shop or
place not specified and described in his
licence—
shall for every such offence be liable to a penalty
of not more than 2 penalty units.
S. 154(2)
amended by
Nos 9662
s. 23(au)(ii),
57/1989 s. 3
(Sch. item
184.10).
(2) If in any proceeding for any such offence it
appears that any stamp which has been sold or
exchanged or offered for sale or exchange is
forged, although the same has not been so alleged
in the charge, a conviction shall be made against
the offender for a sum of not more than 10 penalty
units.
(3) Nothing in this section shall exempt any person
from the legal consequences of selling uttering or
having in possession any forged stamp knowing
the same to be forged.
No. 5204
s. 155.
155. Penalty for hawking stamps
S. 155(1)
amended by
No. 9662
s. 23(av)(i).
(1) Every person whether licensed to deal in stamps or
not who hawks or carries about or offers for sale
or exchange any stamps shall be liable to a penalty
of 2 penalty units irrespective of any penalty to
which if unlicensed he is or may be liable for
dealing in stamps without a licence.
AB-26/5/98
325
Stamps Act 1958
Act No. 6375/1958
(2) It shall be lawful for any person without any other
warrant than this Act to apprehend any person so
offending and take him or cause him to be taken
before a bail justice or the Magistrates' Court to be
dealt with according to law.
(3) If the offender does not immediately on his
conviction pay the said penalty of 2 penalty units
he shall be committed to prison for a term of not
more than three months unless the penalty is
sooner paid.
s. 156
S. 155(2)
amended by
No. 57/1989
s. 3(Sch. item
184.11).
S. 155(3)
amended by
No. 9662
s. 23(av)(ii).
(4) All stamps which are found in the possession of
any such offender shall be forfeited and may be
taken possession of by any person authorized by
the Minister or by any member of the police force
and shall be delivered to the Minister to be
disposed of as he thinks fit.
(5) If the offender is not apprehended and proceeded
against in the manner hereinbefore mentioned the
said penalty of 2 penalty units shall be recoverable
in the same manner as any other penalty imposed
by this Act.
156. Penalty for fraudulently removing, selling etc. stamps
Every person who—
(a) fraudulently removes or causes to be
removed from any document any adhesive
stamp fixed thereon, or affixes a stamp so
removed to any other document or paper; or
(b) sells or offers for sale any adhesive stamp
which has to his knowledge been
fraudulently removed from any instrument,
or utters any instrument having thereon any
adhesive stamp which has to his knowledge
been so removed; or
(c) practises or is concerned in any fraudulent
act or contrivance or device not specially
AB-26/5/98
326
S. 155(5)
amended by
No. 9662
s. 23(av)(iii).
No. 5204
s. 156.
S. 156
amended by
No. 9662
s. 23(aw).
Stamps Act 1958
Act No. 6375/1958
s. 157
provided for with intent to defraud Her
Majesty of any stamp duty—
shall be liable, over and above any other penalty to
which he is liable, to a penalty of not more than
10 penalty units.
No. 5204
s. 157.
157. Defacement of adhesive stamps
Every person who by any writing in any manner
defaces any adhesive stamp before it is used shall
be liable to a penalty of not more than 1 penalty
unit:
S. 157
amended by
No. 9662
s. 23(ax).
Provided that any person may, with the express
sanction of the Minister and in the manner and in
conformity with the conditions prescribed, write
upon an adhesive stamp before it is used for the
purpose of identification thereof.
No. 5204
s. 158.
158. Proceedings not to be quashed for want of form etc.
Proceedings to be had or taken under this Act shall
not be quashed or vacated for want of form or
removed by certiorari.
159. Stay of proceedings and reward of informer
S. 159(1)
amended by
No. 9019
s. 2(1),
repealed by
No. 9317
s. 5(d).
*
*
*
*
(2) The Minister may at his discretion—
S. 159(2)(a)
amended by
No. 9317
s. 5(e).
(a) stay or compound proceedings for any
pecuniary penalty;
(b) mitigate the same;
AB-26/5/98
327
*
Stamps Act 1958
Act No. 6375/1958
s. 160
(c) reward any person who informs him of any
offence against this Act or assists in the
recovery of any penalty.
(3) The Comptroller of Stamps may, without
instituting proceedings against any person for the
recovery of any pecuniary penalty for which
provision is made in this Act or the regulations,
demand and receive the amount of such penalty or
such reduced amount (not being less than the
prescribed minimum penalty, if any) as he thinks
fit from such person, whereupon—
(a) if such person pays such amount to the
Comptroller within fourteen days after the
demand, no proceedings shall be taken
against him in relation to the offence;
(b) if such person does not so pay such amount,
the Comptroller may cause proceedings to be
instituted in relation to the offence.
160. Applications of penalties
All penalties recovered under this Act, including
all amounts paid under sub-section (3) of the last
preceding section shall be paid into the
Consolidated Fund.
161. Criminal offences relating to stamps
(1) Every person who—
(a) forges a die or stamp or any part of a die or
stamp; or
(b) without lawful excuse (the proof of which
lawful excuse shall lie on the person
accused) makes an impression or any part of
an impression upon any material with a
AB-26/5/98
328
Nos 5204
s. 160, 6104
s. 8(2).
S. 160
amended by
Nos 9019
s. 2(1), 9317
s. 5(f).
No. 5204
s. 161.
S. 161(1)
amended by
No. 9576
s. 11(1).
Stamps Act 1958
Act No. 6375/1958
s. 161
forged die or forges the impression or any
part of the impression of any die upon any
instrument; or
(c) with intent to defraud stamps or marks any
document with any forged stamp or die; or
(d) knowingly sells or exposes for sale or utters
or uses any forged stamp or forged part of a
stamp or any forged impression or part of an
impression of any stamp or die; or
(e) knowingly and without lawful excuse (the
proof of which lawful excuse shall lie on the
person accused) has in his possession—
(i) any forged die or stamp or part of a die
or stamp; or
(ii) any stamp or part of a stamp which has
been fraudulently cut torn or otherwise
removed from any material; or
(iii) any stamp which has been fraudulently
mutilated; or
(iv) any stamped material out of which any
name sum date or other matter or thing
has been fraudulently erased or
otherwise either really or apparently
removed; or
(f) causes or procures or knowingly aids abets or
assists in the doing of any of such acts—
shall be guilty of an indictable offence and shall
be liable to imprisonment for a term of not more
than fifteen years.
S. 161(2)
amended by
No. 9576
s. 11(1).
(2) Every person who—
(a) fraudulently cuts tears or in any way removes
from any stamped material any stamp or the
impression of any stamp or die with the
AB-26/5/98
329
Stamps Act 1958
Act No. 6375/1958
s. 162
intent that any use should be made of the
same or of any part thereof; or
(b) fraudulently mutilates any stamp with intent
that any use should be made of any part of
such stamp; or
(c) fraudulently fixes or places upon any
instrument or material or upon any stamp any
stamp or part of a stamp which, whether
fraudulently or not, has been cut torn or in
any way removed from any other stamped
material or out of or from any other stamp; or
(d) fraudulently erases or otherwise really or
apparently removes from any stamped
material any name sum date or other matter
or thing whatsoever thereon written with
intent that any use should be made of the
stamp upon such material; or
(e) causes or procures or knowingly aids abets or
assists in the doing of any of such acts—
shall be guilty of an indictable offence and shall
be liable to imprisonment for a term of not more
than three years.
(3) In this section "die" includes any plate type tool
or implement which can be used as a die or any
part of any such plate type tool or implement.
162. Entry and search where offence suspected
(1) On evidence given before a magistrate on oath or
by affidavit that there is just cause to suspect any
person of being guilty of any of the offences
mentioned in the last preceding section, the
magistrate may grant a warrant under his hand to
authorize any member of the police force to enter
into any dwelling-house room workshop outhouse
AB-26/5/98
330
No. 5204
s. 162.
S. 162(1)
amended by
No. 57/1989
s. 3(Sch. item
184.12(a)(b)).
Stamps Act 1958
Act No. 6375/1958
s. 163
or other building or place belonging to or
occupied by the suspected person or where he is
suspected of being or having been in any way
engaged or concerned in the commission of any
such offence, or of secreting any forged die or
stamp or any machinery implements or utensils
applicable to the commission of any such offence,
or where any forged die or stamp is suspected to
be kept, and to search the same.
(2) If on demand of admittance and notice of such
warrant any outer door of any such dwelling-house
workshop outhouse or other building or place or
any inner door thereof is not opened, some
authorized person may break open the same.
S. 162(3)
amended by
No. 57/1989
s. 3(Sch. item
184.13(a)(b)).
No. 5204
s. 163.
(3) If upon such search any of the said several matters
and things are found, the same may be seized and
carried away in order that they may be produced in
evidence against any offender, and shall
afterwards, whether produced in evidence or not,
by order of the court before which such offender is
tried or in case there is no such trial within a
period of six months by order of the Magistrates'
Court be delivered over to the Minister to be
defaced or destroyed or otherwise disposed of as
he thinks fit.
163. Further proceedings for the detection of forged
stamps
(1) On information given to the Comptroller of
Stamps that there is reasonable cause to suspect
that any person appointed to sell or distribute
stamps or being or having been licensed to deal in
stamps has in his possession any forged stamps,
the Comptroller of Stamps may by warrant under
his hand authorize any person to enter between the
hours of nine in the morning and seven in the
evening into any dwelling-house room shop
AB-26/5/98
331
Stamps Act 1958
Act No. 6375/1958
s. 164
warehouse outhouse or other building of or
belonging to any such suspected person.
(2) If on demand of admittance and notice of such
warrant any outer door of any such dwelling-house
room shop warehouse outhouse or other building
or any inner door thereof is not opened, such
authorized person may break open the same and
search for and seize any stamps that may be found
in any such place as aforesaid or elsewhere in the
custody or possession of such suspected person.
(3) All members of the police force shall, upon the
request of any person acting under any warrant
such as is referred to in this or the last preceding
section, aid and assist in the execution thereof.
(4) Every person who—
(a) refuses to permit any such search or seizure
as is referred to in this or the last preceding
section to be made as aforesaid; or
S. 163(4)
amended by
No. 9662
s. 23(ay).
(b) assaults opposes molests or obstructs any
person employed or acting in the execution
or under the authority of any such warrant or
aiding or assisting in the execution thereof—
and every member of the police force who upon
any such request as aforesaid refuses or neglects to
aid and assist in the execution of any such warrant
as aforesaid shall be liable to a penalty not
exceeding 10 penalty units.
164. Mode of proceeding when stamps are seized
(1) The person who is intrusted with the execution of
any such warrant as aforesaid shall if required give
to the person in whose custody or possession any
stamps are found and seized an acknowledgment
of the number particulars and amount of the
stamps so seized, and shall permit such last-
AB-26/5/98
332
No. 5204
s. 164.
Stamps Act 1958
Act No. 6375/1958
s. 165
mentioned person or any person employed by him
to mark such stamps before the removal thereof.
S. 164(2)
amended by
No. 119/1994
s. 28.
No. 5204
s. 165.
(2) If the person in whose custody or possession any
stamps are so found and seized is or within a
period of six months has been a licensed dealer in
stamps, he shall be entitled to claim and receive in
money from the Comptroller of Stamps the
amount of such of the stamps so seized as are
found to be genuine (deducting therefrom the
proper discount), and also to receive the value of
the material whereon the same are impressed
according to the rates at which material of the like
quality and description is sold by the Comptroller
of Stamps, or if the Comptroller of Stamps thinks
fit such of the stamps so seized as are found to be
genuine may be returned to the person from whose
custody or possession the same have been taken
with such reasonable amends as the Comptroller
of Stamps thinks fit to award.
165. Licensed person in possession of forged stamps
If any forged stamps are found in the possession of
any person appointed to sell and distribute stamps
or being or having within a period of six months
been licensed to deal in stamps, such person shall
be deemed and taken unless the contrary is
satisfactorily proved to have had the same in his
possession knowing them to be forged and with
the intent to sell use or utter them, and shall be
liable to all penalties and punishments imposed or
inflicted by law upon persons selling using
uttering or having in possession forged stamps
knowing the same to be forged.
No. 5204
s. 166.
166. Proceedings for the detection of stamps stolen or
obtained fraudulently
AB-26/5/98
333
Stamps Act 1958
Act No. 6375/1958
(1) If any stamps are known or supposed to be
concealed or deposited in a place in Victoria, a
magistrate may, on reasonable suspicion that the
stamps have been stolen or fraudulently obtained,
issue a warrant for the seizure thereof and for the
arrest of the person in whose possession or
custody the stamps may be found.
S. 166(1)
substituted by
No. 57/1989
s. 3(Sch. item
184.14).
(1A) On being arrested, such a person must be brought
before a bail justice or the Magistrates' Court to be
dealt with according to law.
S. 166(1A)
inserted by
No. 57/1989
s. 3(Sch. item
184.14).
(2) If such person omits or refuses to account for the
possession of such stamps or is unable
satisfactorily to account for the possession thereof,
or if it does not appear that the same were
purchased by him at the chief office or from some
person duly appointed or authorized to sell and
distribute stamps or duly licensed to deal in
stamps, such stamps of which no account or no
satisfactory account is given or which do not
appear to have been so purchased as aforesaid
shall be forfeited to Her Majesty and shall be
accordingly condemned and delivered over to the
Comptroller of Stamps.
S. 166(2)
amended by
No. 119/1994
s. 28.
(3) Any stamps so condemned shall be kept by the
Comptroller of Stamps for the space of six months
and afterwards cancelled and destroyed or
disposed of as the Comptroller of Stamps thinks
fit:
S. 166(3)
amended by
No. 119/1994
s. 28.
Provided that if at any time within six months
after such condemnation any person makes out to
the satisfaction of the Comptroller of Stamps that
any stamps so condemned were stolen or
otherwise fraudulently obtained from him and that
the same were purchased by him at the chief office
or from some person duly appointed or authorized
to sell and distribute stamps or duly licensed to
AB-26/5/98
334
Stamps Act 1958
Act No. 6375/1958
s. 166AA
deal in stamps, such stamps may be delivered up
to him.
S. 166AA
inserted by
No. 88/1986
s. 26(1).
166AA. Comptroller may require information
(1) The Comptroller of Stamps may, by notice in
writing, require any person—
(a) to furnish the Comptroller with such
information as the Comptroller requires; or
(b) to attend and give evidence before the
Comptroller or any officer of the public
service employed in the administration or
execution of this Act and authorised by the
Comptroller on that behalf—
for the purpose of inquiring into or ascertaining
the person's, or any other person's, liability or
entitlement under this Act and may require the
person to produce all books, documents and other
papers in the custody or under the control of the
person relating to that liability or entitlement.
S. 166AA(1A)
inserted by
No. 65/1988
s. 17.
(1A) A person is not excused from complying with a
requirement to give evidence under sub-section
(1) on the ground that the evidence might tend to
incriminate the person but, if the person claims,
before giving the evidence, that the evidence
might tend to incriminate the person, the evidence
is not admissible against the person in criminal
proceedings, other than proceedings under this
section or other proceedings in respect of the
falsity of the evidence.
(2) The Comptroller may require the information or
evidence to be given on oath or by affirmation
either orally or in writing or by statutory
declaration and the Comptroller or authorised
officer may administer an oath for that purpose.
AB-26/5/98
335
Stamps Act 1958
Act No. 6375/1958
s. 166A
(3) The regulations may prescribe scales of expenses
to be allowed to persons required to attend under
this section.
(4) A person must not fail to comply with a
requirement of the Comptroller under this section.
Penalty:
10 penalty units or imprisonment for
six months, or both and 1 penalty unit
for each day on which the offence
continues after conviction.
166A. Warrant to enter and search premises
(1) If a magistrate is satisfied, by the evidence on oath
or by affidavit of the Comptroller of Stamps, that
there is reasonable ground for suspecting that
there are on particular premises any books which
are relevant to the assessment of stamp duty, the
magistrate may issue a warrant authorizing any
member of the police force together with any other
person named in the warrant—
(a) to enter those premises (using such force as
is necessary for the purpose);
(b) to search the premises and to break open and
search any cupboard, drawer, chest, trunk,
box, package or other receptacle, whether a
fixture or not, in the premises;
(c) to take possession of, or secure against
interference, any books that appear to be
relevant to the assessment of stamp duty; and
(d) to deliver any books, possession of which is
so taken, into the possession of the
AB-26/5/98
336
S. 166A
inserted by
No. 9991
s. 27(3).
S. 166A(1)
amended by
No. 57/1989
s. 3(Sch. item
184.15(a)(b)).
Stamps Act 1958
Act No. 6375/1958
s. 166A
Comptroller of Stamps or a person
authorized by the Comptroller of Stamps to
receive them.
S. 166A(2)
amended by
No. 57/1989
s. 3(Sch. item
184.16).
(2) Every warrant under sub-section (1) may be in the
form or to the effect of the Fourth Schedule and
shall not be granted except in accordance with
sub-section (1).
(3) Where, under this section, a person takes
possession of, or secures against interference, any
books, and a person has a lien on the books, the
taking of possession of the books or the securing
of the books against interference does not
prejudice the lien.
(4) Where, under this section, a person takes
possession of, or secures against interference, any
books, that person or any person to whose
possession they were delivered under paragraph
(d) of sub-section (1)—
(a) may make copies of, or take extracts from,
the books;
(b) may require any person who was party to the
compilation of the books to make a statement
providing any explanation that that person is
able to provide as to any matter relating to
the compilation of the books or as to any
matter to which the books relate;
(c) may retain possession of the books for such
period as is necessary to enable them to be
inspected, and copies of, or extracts from,
them to be made or taken by or on behalf of
the Comptroller of Stamps; and
AB-26/5/98
337
Stamps Act 1958
Act No. 6375/1958
s. 166AB
(d) during that period shall permit a person who
would be entitled to inspect any one or more
of those books if they were not in the
possession of the first-mentioned person to
inspect at all reasonable times such of those
books as that person would be so entitled to
inspect.
(5) A person shall not—
(a) refuse to permit any such search or seizure as
is referred to in this section to be made; or
(b) assault, oppose, molest or obstruct any
person employed or acting in the execution
or under the authority of a warrant under
sub-section (1) or aiding or assisting in the
execution thereof.
Penalty:
100 penalty units.
(6) The powers conferred by this section are in
addition to, and not in derogation of, any other
powers conferred by law.
166AB. Comptroller may seek injunction
If a person is carrying on a business and, under
this Act, is required to be registered in respect of
that business but is not so registered, the
Comptroller of Stamps may, whether or not
proceedings for an offence are issued, apply by
summons to the Supreme Court for an injunction
restraining the person from carrying on that
business without being registered.
166AC. Garnishee
(1) The Comptroller of Stamps may, by notice in
writing require—
(a) a person by whom any money is due or
accruing or may become due to a taxpayer;
or
AB-26/5/98
338
S. 166AA
inserted by
No. 10256
s. 16,
re-numbered
as s. 166AB
by No.
88/1986
s. 26(2).
S. 166AC
inserted by
No. 65/1987
s. 22.
Stamps Act 1958
Act No. 6375/1958
s. 166AC
(b) a person who holds or may subsequently
hold money for or on account of a taxpayer;
or
(c) a person who holds or may subsequently
hold money on account for some other
person for payment to a taxpayer; or
(d) a person having authority from some other
person to pay money to a taxpayer—
to pay to the Comptroller forthwith upon the
money becoming due or being held, or within such
further time as the Comptroller allows, the money
or so much of the money as is sufficient to pay the
duty due by the taxpayer or the fine and costs, if
any, imposed by a court on the taxpayer in respect
of an offence against this Act.
(2) The Comptroller must cause a copy of a notice
under sub-section (1) to be sent by post to the
taxpayer at the taxpayer's last known place of
abode or business.
(3) A person must not fail to comply with a notice
under sub-section (1).
Penalty:
50 penalty units.
(4) If an amount referred to in sub-section (1) is less
than the amount of the duty due by the taxpayer,
the person served with the notice under that subsection shall pay to the Comptroller, in reduction
of the amount of the duty due, the amount payable
by that person to the taxpayer.
(5) A person making any payment under this section
shall be deemed to have been acting under the
authority of the taxpayer and of all other persons
concerned, and, by operation of this section, is
indemnified in respect of the payment.
AB-26/5/98
339
Stamps Act 1958
Act No. 6375/1958
s. 166AD
(6) If the duty due by the taxpayer, or the fine and
costs, if any, imposed by a court on it in respect of
an offence against this Act, are paid before any
payment is made under a notice given under subsection (1), the Comptroller shall forthwith give
notice of the payment to the person served with
the notice under that sub-section.
(7) In this section—
"duty" includes any penalty, interest, judgment
debt and costs in respect of duty;
"taxpayer" means a person liable to pay duty
under this Act or an amount in respect of any
liability under this Act.
166AD. Service of process in recovery proceedings
(1) Despite any Act or rule of court to the contrary, in
any proceedings for the recovery of any amount
due under this Act, including any judgement debt
and costs in respect of that amount, any process
may, without leave of court, be served on a
person—
S. 166AD
inserted by
No. 103/1993
s. 9.
(a) personally; or
(b) by post; or
(c) by such other method as is permitted by any
Act or rule of court.
(2) Unless the contrary is proved, service of the
process by post is deemed to have been effected
2 days after the date of posting.
166B. Evidence
(1) A certificate purporting to be under the hand of
the Comptroller of Stamps certifying that—
(a) a person named in the certificate is liable to
pay stamp duty in respect of an instrument or
statement specified in the certificate;
AB-26/5/98
340
S. 166B
inserted by
No. 9991
s. 27(3).
Stamps Act 1958
Act No. 6375/1958
(b) an assessment of stamp duty with which an
instrument or statement is chargeable has
been made;
(c) notice of an assessment of stamp duty was
duly served on a person named in the
certificate on a particular day;
(d) the amount specified in the certificate was,
on the date of the certificate, payable as
stamp duty by a person named in the
certificate;
(e) a person named in the certificate is, or is not,
registered or licensed under this Act;
(f) a return or statement has or has not been
submitted by or on behalf of a person named
in the certificate;
(g) a return or statement was submitted by or on
behalf of a person on a particular day; or
(h) an amount of stamp duty specified in the
certificate has been paid by or on behalf of a
person named in the certificate—
shall be admissible in evidence in any proceedings
against a person under this Act and, in the absence
of evidence to the contrary, shall be proof of the
matters stated in the certificate.
S. 166B(1A)
inserted by
No. 88/1986
s. 27.
(1A) The production of a notice of assessment, or a
document under the hand of the Comptroller of
Stamps purporting to be a copy of a notice of
assessment, is conclusive evidence of the due
making of the assessment and (except in
proceedings on appeal against or review of the
assessment) that the amount and all particulars of
the assessment are correct.
AB-26/5/98
341
Stamps Act 1958
Act No. 6375/1958
(2) A certificate purporting to be under the hand of
the Secretary of the Bookmakers and Bookmakers'
Clerks Registration Committee certifying that a
certificate of registration issued under the Racing
Act 1958 is, or has been, in force in respect of a
period, being a certificate of registration of a
person as—
(a) a bookmaker;
(b) a bookmaker's clerk; or
(c) a bookmaker's course agent—
shall be admissible in evidence in any proceedings
against that person under this Act and, in the
absence of evidence to the contrary, shall be proof
that the person is a bookmaker, bookmaker's clerk
or bookmaker's course agent in respect of the
period to which the certificate relates.
(3) The production of a document or a copy of a
document purporting to be under the hand of the
Comptroller of Stamps or purporting to have been
initialled by the Comptroller (that document or
copy purporting to be a notice or a copy of a
notice specifying any liability of a person to pay
stamp duty under this Act or to be a copy of a
determination made under this Act)—
(a) shall be conclusive evidence of the due
exercise of any act required by this Act to be
done or performed by the Comptroller for the
purpose of ascertaining the liability so
specified or making the determination; and
(b) except in proceedings on review or appeal,
shall be conclusive evidence of the
correctness of any calculations upon which
that liability is ascertained or on which that
determination is based and, in proceedings
on review or appeal, shall be sufficient
AB-26/5/98
342
s. 166B
S. 166B(2)
amended by
No. 65/1988
s. 18.
Stamps Act 1958
Act No. 6375/1958
s. 166B
evidence of the correctness of those
calculations.
(4) The production of a document purporting to be
under the hand of the Comptroller of Stamps (that
document purporting to be a copy of or extract
from any document, instrument, statement or
return furnished to, or of any document issued by,
the Comptroller of Stamps), shall for all purposes
be sufficient evidence of the matter therein set
forth, without producing the original.
(5) In any proceedings against a person under this Act
for failing or neglecting duly to furnish a
statement or return, a certificate purporting to be
under the hand of the Comptroller of Stamps
certifying that a statement or return has not been
received shall be admissible in evidence in those
proceedings and, in the absence of evidence to the
contrary, shall be proof that the defendant has
failed or neglected duly to furnish the statement or
return.
(6) In any proceedings against a person for failing or
neglecting to furnish the Comptroller of Stamps or
an officer authorized by the Comptroller of
Stamps with any information required by the
Comptroller of Stamps or the officer in pursuance
of section 36 or 118, a certificate purporting to be
under the hand of the Comptroller of Stamps
certifying that—
(a) the defendant was so required to furnish the
Comptroller of Stamps or the officer with
information of the nature specified in the
certificate; and
(b) the defendant failed or neglected duly to
furnish the information as and when required
by the Comptroller of Stamps or the
officer—
AB-26/5/98
343
Stamps Act 1958
Act No. 6375/1958
s. 166B
shall be admissible in evidence in those
proceedings and, in the absence of evidence to the
contrary shall be proof of the matters stated in the
certificate.
(7) A document purporting to be a betting ticket that
bears the name of a bookmaker and that purports
to be written up and cancelled in the manner
prescribed for the purposes of section 117(1) or to
have been issued in the form prescribed and
numbered as prescribed for the purposes of section
117(2), shall be admissible in evidence in any
proceedings against a person under this Act and,
in the absence of evidence to the contrary, be
proof that the document is a betting ticket issued
by that bookmaker.
S. 166B(7)
amended by
No. 10118
s. 9(3)(j).
(8) A certificate purporting to be under the hand of
the Comptroller of Stamps certifying that a
document bearing a particular number is a bettingbook, or a part of a betting-book, issued to a
bookmaker on a particular day shall be admissible
in evidence in any proceedings against a person
under this Act and, in the absence of evidence to
the contrary, shall be proof of the matters stated in
the certificate.
(9) A document that is a part of a betting-book
prescribed for the purposes of section 117(5) that
bears a number of a betting-book issued to a
bookmaker and is lodged by the bookmaker with
the Comptroller of Stamps under that sub-section,
shall be admissible in evidence in any proceedings
against the person under this Act and, in the
absence of evidence to the contrary, be proof that
the entries in the document were made by or at the
direction of the bookmaker.
(9A) A document purporting to be a record made by an
automatic recorder that bears the name of a
AB-26/5/98
344
S. 166B(9A)
inserted by
No. 10118
s. 9(3)(k).
Stamps Act 1958
Act No. 6375/1958
s. 166C
bookmaker and other participants prescribed under
section 117(4)(b) shall be admissible in evidence
in any proceedings against a person under this Act
and, in the absence of evidence to the contrary, be
proof that the document is such a record and was
made by or at the direction of that bookmaker.
(10) A document in the form prescribed for the
purposes of section 120 that purports to bear a
cash register imprint showing an amount of stamp
duty received shall be admissible in evidence in
any proceedings against a person under this Act
and, in the absence of evidence to the contrary,
proof that an amount of stamp duty equal to the
amount so shown has been paid in respect of that
document and that no other amount of stamp duty
has been received in respect of that document.
(11) A certificate purporting to be under the hand of
the Comptroller of Stamps certifying that on a day
specified in the certificate an officer of the public
service named in the certificate was a delegate of
the Comptroller of Stamps under section 140 to
whom such powers and functions of the
Comptroller of Stamps as are specified in the
certificate had been delegated on terms, if any, so
specified shall be admissible in evidence in any
proceedings against a person under this Act and,
in the absence of evidence to the contrary, shall be
proof of the matters stated in the certificate.
S. 166C
inserted by
No. 9991
s. 27(3).
166C. Judicial notice
(1) All courts shall take judicial notice of the official
signature of a person who is or has been the
Comptroller of Stamps or a Deputy Comptroller of
Stamps and of the fact that that person is or was
the Comptroller of Stamps or a Deputy
Comptroller of Stamps.
AB-26/5/98
345
Stamps Act 1958
Act No. 6375/1958
s. 167
(2) In this section, "court" includes a person
authorized by law or by consent of parties to
receive evidence.
166D. Payments from Consolidated Fund
If the Comptroller of Stamps becomes liable to
pay amounts in accordance with the provisions of
this Act, those amounts shall be paid from the
Consolidated Fund which is hereby to the
necessary extent appropriated accordingly.
166E. Supreme Court—limitation of jurisdiction
It is the intention of this section to alter or vary
section 85 of the Constitution Act 1975 to the
extent necessary to prevent the Supreme Court
entertaining proceedings of a kind to which
section 32AA(1) applies, except as provided in
that section.
S. 166E
inserted by
No. 104/1993
s. 43.
No. 5204
s. 167.
167. Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) prescribing forms for the purposes of this
Act including forms of certificates or receipts
to be given for fees and duties received,
whether in separate form or impressed upon
the documents to which such fees or duties
relate (and all such forms or forms to the like
effect shall be sufficient in law); and
(b) all matters which by this Act are required or
permitted to be prescribed or which are
necessary or expedient to be prescribed for
carrying out or giving effect to this Act or for
the better securing of the revenue of the
Crown as it may be affected by this Act.
AB-26/5/98
S. 166D
inserted by
No. 88/1986
s. 28.
346
Stamps Act 1958
Act No. 6375/1958
S. 167(1A)
inserted by
No. 6611 s. 4,
amended by
No. 9662
s. 23(dz).
S. 167(2)
repealed by
No. 6886 s. 3.
(1A) Any such regulations may prescribe a penalty of
not more than 5 penalty units for any
contravention of or failure to comply with any
such regulation.
*
*
*
_______________
AB-26/5/98
347
*
*
Stamps Act 1958
Act No. 6375/1958
Sch. 2
SCHEDULES
*
*
*
*
*
Sch. 1
repealed by
No. 17/1993
s. 13(1)(b).
_______________
Sections 4, 5,
15.
SECOND SCHEDULE
1. Administration and Probate Act 1958.
Nos 5842 s. 2,
6104 s. 10.
2. County Court Act 1958.
Sch. 2
amended by
Nos 59/1986
s. 143(2),
110/1986
s. 140(2),
57/1989
s. 3(Sch. item
184.17),
92/1990
s. 128(Sch. 1
item 26.1).
3. Magistrates' Court Act 1989.
4. Marriage Act 1958.
*
*
*
6. Mineral Resources Development Act 1990.
7. Public Works Act 1958, Part II.
8. Supreme Court Act 1986.
_______________
AB-26/5/98
348
*
*
Stamps Act 1958
Act No. 6375/1958
Sch. 3
Sections 17,
18, 93, 124,
131.
Nos 5769
s. 50(a), 5958
s. 2(a), 6021
s. 2, 6104
s. 11, 6161
s. 8.
Sch. 3
Headings 1–3
repealed.25
THIRD SCHEDULE
There shall be charged and paid for the use of Her Majesty upon and for the
several instruments hereinafter specified the several stamp duties hereinafter
specified and there shall be charged and paid for the use of Her Majesty upon
and for those several instruments which are hereinafter specified as being
chargeable with additional stamp duties the said additional stamp duties:
*
Sch. 3
(Heading 4
exemptions
and
expressions)
amended by
Nos 6455
s. 2(1)(Sch. 1
Pt 3(m)), 6494
s. 5(a), 6552
s. 4(1)(a)(i)(ii),
6716 s. 2
(Sch. 2), 6739
s. 7(b), 6791
s. 21(1) (a),
6839 s. 4(1)
(Sch. 1 Pt
3(n)), 6910
s. 7(1)(c)(i)(ii),
7047 s. 5(c),
7120 s. 2(c),
7204 s. 4(2)
(a)–(d), 7315
s. 3(Sch. 1
Pt B), 7416
s. 10(m)(i)–
(iv), 7585
s. 9(a)–(f),
7698 s. 69(c),
8006 s. 9,
8157
ss 3(1)(a)(i)(ii)
(b)(i)(ii)(c)
(i)(ii), 11(2),
9208 s. 5,
9413 ss 6(4),
16(a)(b), 9502
s. 3(6),
substituted by
No. 9662
s. 6(2).
*
*
*
*
IV—MARKETABLE SECURITIES
Except as otherwise provided in this Act, a reference in the
provisions under this Heading to the value of any marketable
security or right in respect of shares is a reference—
(a) in relation to a transfer on sale of the marketable
security or right—
(i) to the consideration for the sale; or
(ii) to the unencumbered value of the marketable
security or right on the date of the sale—
whichever is the greater; and
(b) in any other case, to the unencumbered value of the
marketable security or right on the day of the
execution of the transfer by the transferee.
AB-26/5/98
349
Stamps Act 1958
Act No. 6375/1958
(A)—TRANSFER OF MARKETABLE SECURITIES
1. Upon the transfer of a marketable security, being—
(a) a share, or a right in respect of a share, in a company
within the meaning of the Corporations Law
incorporated in Victoria or in a body corporate formed
or established under an Act;
(b) a share, or an interest in a share, in a corporation
incorporated outside Australia if its principal
Australian register is in Victoria, or, if it does not keep
a principal Australian register, its registered office is
in Victoria;
(c) a right or interest (whether described as a unit or subunit or otherwise) of a beneficiary under a unit trust
scheme the principal register of which is in Victoria;
or
(d) a right or interest (whether described as a unit or subunit or otherwise) of a beneficiary under a unit trust
scheme in relation to which no register exists in
Australia and—
(i) that has as the manager of the scheme a person
principally resident in Victoria; or
(ii) that does not have a manager but has a trustee
that is a person principally resident in
Victoria—
not being a transfer to perfect a sale or purchase to
which subdivision (4AA) of Division 3 of Part II
applies; or
(da) an IR in respect of a share in a Victorian registered
company; or
(e)
26
subject to paragraph (f), where the value of the
marketable security or right in respect of shares
comprised in the transfer—
(i) in the case of a marketable security, or right in
respect of shares, listed on the Australian Stock
Exchange Limited—
(A) does not exceed $100—a stamp duty at
the rate of 7 cents for every $25 and also
for any fractional part of $25;
AB-26/5/98
350
Sch. 3
Sch. 3
(Heading 4(A)
exemptions
and
expressions)
amended by
Nos 9725
s. 4(2), 9895
s. 2(1)(Sch. 1
item 11(b)),
9911 ss 4,
9(1), 10005
s. 10(1)(a),
10118 ss 5(1),
6(1), 10219
s. 11(11)(b)(ii),
10256 ss 7(6),
18(6)(a),
88/1986
ss 24(2), 29,
30, 34(a),
28/1988 ss 6,
7(1)(a),
29/1988
s. 56(3)(a),
65/1988
s. 20(2)(a),
81/1989
s. 3(Sch. item
48.2), 44/1994
s. 8(4)(a)–(c)
(5)(6),
119/1994
ss 30, 31,
33(9)(s),
27/1995
s. 15(a)–(c),
52/1995
s. 4(2)(a)–(c),
42/1996
s. 28(1)(a)(b)
(i)(ii)(2)(a)(b),
84/1996
s. 467(Sch. 6
item 12.1),
86/1997
s. 24.
Stamps Act 1958
Act No. 6375/1958
Sch. 3
(B) exceeds $100—a stamp duty at the rate
of 30 cents for every $100 and also for
any fractional part of $100;
(ii) in any other case—
(A) does not exceed $100—a stamp duty at
the rate of 14 cents for every $25 and
also for any fractional part of $25;
(B) exceeds $100—a stamp duty at the rate
of 60 cents for every $100 and also for
any fractional part of $100—
of the value of that marketable security or right
in respect of shares;
(f) where the marketable securities transferred are sold
for a consideration in money or money's worth of not
less than their unencumbered value and are
marketable securities which are, on the day of their
sale, short-dated—in respect of each month and also
of any fractional part of a month of the period
commencing on the day on which the marketable
securities are sold and ending—
(i) where the marketable securities were issued for
a fixed term which has not expired—on the
earliest day on which they are repayable at or
after the expiration of the fixed term; or
(ii) where the marketable securities were issued for
a fixed term which has expired or where the
marketable securities were not issued for a fixed
term—on the earliest day on which they are
repayable—
a stamp duty at the rate of 2·5 cents for every $100
and also for any fractional part of $100 of the
consideration for the sale;
*
*
*
*
*
1A. Upon an SCH-regulated transfer of a marketable security to
which subdivision (4AB) of Division 3 of Part II applies—a
stamp duty at the rate of 30 cents27 for every $100 and also
for any fractional part of $100 of the value of that
marketable security.
2.
AB-26/5/98
28
Upon an instrument by or under which a person holding a
marketable security or right in respect of shares solely as
351
Stamps Act 1958
Act No. 6375/1958
trustee becomes the holder of the marketable security or
right free of the trust—where the value of the marketable
security or right—
(a) in the case of a marketable security, or right in respect
of shares, listed on the Australian Stock Exchange
Limited—
(i) does not exceed $100—a stamp duty at the rate
of 7 cents for every $25 and also for any
fractional part of $25;
(ii) exceeds $100—a stamp duty at the rate of 30
cents for every $100 and also for any fractional
part of $100;
(b) in any other case—
(i) does not exceed $100—a stamp duty at the rate
of 14 cents for every $25 and also for any
fractional part of $25;
(ii) exceeds $100—a stamp duty at the rate of 60
cents for every $100 and also for any fractional
part of $100—
of the value of that marketable security or right.
Exemptions—
(1) Any transfer of any marketable security or right in respect of
shares which is made to a beneficiary entitled thereto under a
will or on an intestacy or to a beneficiary in satisfaction of
such an entitlement or to the personal representative of such
a beneficiary.
(2) Any transfer of shares or of any right in respect of shares in a
registered co-operative for a consideration in money or
money's worth of not less than the unencumbered value of
the shares or the right in respect of shares comprised in the
transfer, or any transfer (whether for any consideration or
not) of shares or rights in respect of shares in any registered
co-operative housing society.
(3) Any transfer of—
(a) marketable securities not being—
AB-26/5/98
352
Sch. 3
Stamps Act 1958
Act No. 6375/1958
Sch. 3
(i) shares within the meaning of the Corporations
Law in the share capital of a corporation; or
(ii) rights or interests (whether described as units or
sub-units or otherwise) of a beneficiary under a
unit trust scheme; or
(iii) IRs; or
(iv) CUFS; or
(b) rights in respect of shares not being rights in respect
of—
(i) shares within the meaning of the Corporations
Law in the share capital of a corporation; or
(ii) rights or interests (whether described as units or
sub-units or otherwise) of a beneficiary under a
unit trust scheme; or
(iii) IRs; or
(iv) CUFS—
for a consideration in money or money's worth of not less
than the unencumbered value thereof.
(4) Any transfer of any marketable security which the
Comptroller of Stamps is satisfied is made by any person by
way of security but that is not a transfer to secure the rights
of a purchaser or intended purchaser of the marketable
securities under a contemplated sale or is made by way of retransfer to such person.
(5) Any transfer hereinafter in this paragraph specified which is
in accordance with the provisions of section 32 stamped with
a particular stamp denoting that the instrument is not
chargeable with duty or which the Comptroller of Stamps by
a notice published in the Government Gazette declares to be
not chargeable with duty—
(a) a transfer of any marketable security or right in
respect of shares made in consequence of the
appointment or retirement of any trustee or other
change in trustees and in order to vest the security or
right in the trustees for the time being entitled to hold
the security or right;
(b) a transfer of any marketable security which is made by
a Victorian executor or administrator of a deceased
person's estate to an executor or administrator (not
AB-26/5/98
353
Stamps Act 1958
Act No. 6375/1958
being a Victorian executor or administrator) of the
same deceased person's estate or vice versa;
(c) a transfer of any marketable security or right in
respect of shares from a nominee or trustee to the
person beneficially entitled thereto where such person
has contributed the purchase money therefor and
either a duly stamped transfer has been executed in
respect thereof to such nominee or trustee or such
nominee or trustee has acquired it upon the first issue
thereof;
a person shall for the purposes of this sub-paragraph
be deemed to have contributed the purchase money
for a marketable security or right in respect of shares
if he contributed the purchase money for a marketable
security or right which in the opinion of the
Comptroller of Stamps is at the date of the relevant
transfer represented by the marketable security or
right which is the subject-matter of the transfer in
question. A duly stamped transfer shall be deemed to
have been executed in respect of the marketable
security or right if—
(i) the transfer was executed in Victoria at a time
when such transfers were not chargeable with
duty; or
(ii) a transfer was duly stamped in accordance with
the law of any other State or Territory of the
Commonwealth which is in the opinion of the
Comptroller substantially similar to the law in
force in Victoria;
(d) a transfer of any marketable security or right in
respect of shares which is made for the sole purpose
of—
(i) vesting it in the transferee for sale and delivery;
(ii) effecting its return to the transferee from whom
it has been previously borrowed;
(iii) qualifying the transferee as nominee director to
act and vote on behalf of a holding company as
it directs or re-transferring it to such company;
or
(iv) rectifying an error;
AB-26/5/98
354
Sch. 3
Stamps Act 1958
Act No. 6375/1958
Sch. 3
(e) a transfer of any marketable security or right in
respect of shares to Her Majesty (in right of the State
of Victoria otherwise than to the State Bank of
Victoria) or to any municipality, the Municipal
Association of Victoria, the Western Metropolitan
Market Trust, any Authority under the Water Act
1989 any union under the Weights and Measures
Act 1958;
(f) a transfer of any marketable security or right in
respect of shares made by or on behalf of a transferor
outside Australia to a trustee or nominee in Victoria as
part of a scheme or arrangement approved by the
Treasurer to facilitate dealings outside Australia in
any entitlement founded upon or arising out of such
marketable security or right or made by the said
trustee or nominee by way of re-transfer to such
transferor;
(g) a transfer of any marketable security or right in
respect of shares for any religious charitable or
educational purpose or to or in trust for any
corporation or body of persons associated for any
such purpose;
(h) a transfer of any marketable security or right in
respect of shares to the representative in Australia of
the Government of another country, a foreign consul,
or a trade commissioner of any part of the British
Commonwealth of Nations;
(i) a transfer of any marketable security or right in
respect of shares to or by a person to whom section
59A applies;
(j) a transfer of any marketable security or right in
respect of shares to or by SECH Nominees Pty. Ltd.
(6) A transfer of a marketable security or right in respect of
shares that is subject to a trust to a beneficiary of the trust, if
the beneficiary was a beneficiary when the marketable
security or right was first vested in a trustee of the trust and
the trust was not created by a declaration of trust by the
person in whom the marketable security or right was vested
immediately before it vested in the trustee and the transfer
is—
(a) to the beneficiary absolutely; or
AB-26/5/98
355
Stamps Act 1958
Act No. 6375/1958
(b) to that beneficiary, as trustee of another trust of which
all the beneficiaries are natural persons who were
beneficiaries of that other trust when the marketable
security or right was first vested in a trustee of the
first-mentioned trust—
if, where the marketable security or right was first
transferred to a trustee of the first-mentioned trust, the
transfer was duly stamped under this Act or was not liable to
duty.
(7) A transfer of a marketable security or right in respect of
shares made in consideration of marriage where—
(a) the parties to the marriage and their issue or any of
them are the sole beneficiaries; or
(b) if there are other beneficiaries, the Comptroller of
Stamps is satisfied that the marriage is the sole and
real consideration for the transfer—
and the transfer is made before the marriage or after the
marriage but in pursuance of an agreement in writing made
before the marriage.
(8) A transfer of any marketable security or right in respect of
shares to or in trust for any institution organization or body
of persons whether corporate or unincorporate certified in
writing by the Commissioner under the Gift Duty Act 1971
to be exempt from payment of gift duty under section
14(1)(e) of that Act.
(9) A transfer of any marketable security or right in respect of
shares by way of gift to any fund or scheme established for
the principal purpose of making provision by way of
superannuation payments, annuities, pensions, gratuities,
allowances, lump sum payments, benefits, assistance or the
like for the directors, officers, servants or employés of any
employer or employers on the termination of their office or
service whether by death or otherwise or on their withdrawal
from membership of such fund or scheme or during their
incapacity for work attributable to illness or accident or for
the widows or children or dependants or legal personal
representatives of any such directors, officers, servants or
employés or for any persons duly selected or nominated for
that purpose pursuant to the provisions of such fund or
scheme.
(10) A transfer of any marketable security or right in respect of
shares by way of gift to any fund or scheme established for
AB-26/5/98
356
Sch. 3
Stamps Act 1958
Act No. 6375/1958
Sch. 3
the principal purpose of making provision by way of
superannuation payments including pensions, lump sum
payments or the like (not being a transfer described in
paragraph (9)) where the terms and conditions applicable to
the fund or scheme are approved by the Minister having
regard to the number of persons (being not less than 20)
contributing to the fund the amounts of their contributions,
the amounts of the benefits provided for, and such other
matters as the Minister thinks fit.
(11) A transfer of any marketable security or right in respect of
shares by way of gift to any fund or scheme established for
the principal purpose of making provision by way of
superannuation payments including pensions, lump sum
payments or the like (not being a transfer described in
paragraph (9)) where the terms and conditions applicable to
the fund or scheme are approved by the Minister having
regard to the occupation of members, the relationship of the
trustee to members, the source and amount of contributions
to be made to the fund, the benefits to be provided to
members from the fund, the persons to be entitled to benefit
from the fund, the terms and conditions under which the
benefits are to be paid from the fund and such other matters
as the Minister thinks fit.
(12) A transfer of a marketable security held by a company if—
(a) the transfer is made to a shareholder of the company
in the course of any distribution of assets of the
company in consequence of the reduction of the
capital of the company other than a reduction of
capital made in consequence of the redemption of
redeemable preference shares; and
(b) the Comptroller of Stamps is satisfied that the transfer
does not arise from arrangements or a scheme devised
for the principal purpose of taking advantage of the
benefit of this exemption.
(13) A transfer of a marketable security or right in respect of
shares where the Comptroller of Stamps is satisfied that—
(a) the transfer is made solely to transfer the marketable
security or right to a trustee under an instrument of
settlement;
(b) the instrument of settlement is made by reason of the
breakdown of the marriage of the settlor;
(c) the transferor is or was a party to the marriage; and
AB-26/5/98
357
Stamps Act 1958
Act No. 6375/1958
(d) no person other than a party to the marriage or a child
of a party or of both parties to the marriage is a
beneficiary under the instrument of settlement.
(14) A transfer of a marketable security or right in respect of
shares from one person to another person, from two persons
to one of those persons or from one person to himself and
another person where—
(a) both the persons are married to each other; or
(b) both the persons have been married to each other and
the Comptroller of Stamps is satisfied that the transfer
was made by reason of the breakdown of the marriage;
or
(c) the persons are a man and a woman who—
(i) are living together on a permanent and bona
fide domestic basis; or
(ii) have been living together on such a basis and
the Comptroller of Stamps is satisfied that the
transfer was made by reason of the breakdown
of the relationship—
and no other person takes or is entitled to take an interest in
the property in pursuance of the transfer.
(15) A transfer of a mortgage-backed certificate within the
meaning of the Trustee Act 1958 or a guaranteed certificate
within the meaning of that Act.
(16) Any transfer of a marketable security made by the transferor
to a trustee or nominee to be held solely as trustee or
nominee of the transferor without any change in beneficial
ownership or made by way of re-transfer to such transferor.
(17) Any transfer of a marketable security to or from a nominee
company established by a Victorian dealer or an SCH
participant solely for the purpose of facilitating settlement of
transactions relating to marketable securities entered into in
the ordinary course of business.
(18) An error transaction in respect of a marketable security to
which subdivision (4AB) of Division 3 of Part II applies.
(19) A transfer of a marketable security made solely for the
purpose of a security lending transaction.
(20) A transfer of a marketable security, being a share in a
corporation, to the corporation where the corporation buys
AB-26/5/98
358
Sch. 3
Stamps Act 1958
Act No. 6375/1958
Sch. 3
back the share as permitted by Division 4B of Part 2.4 of the
Corporations Law, not being a transfer as part of a capital
reduction (within the meaning of section 62F) to which
subdivision (5B) of Division 3 of Part II applies.
Sch. 3
(Heading 4(B)
expression
and
exemption)
substituted by
No. 9662
s. 6(2),
amended by
Nos 9761 s. 3,
114/1994
s. 33(9)(t).
(B)—DIRECTION AS TO ISSUE OR ALLOTMENT OF SHARES
Any instrument being a direction, given to
any company within the meaning of the
Corporations Law by any person—
(i) who; or
(ii) the nominees of whom; or
(iii) who or whose nominees; or
(iv) who and whose nominees—
is or are entitled to have issued or allotted to
him or to them or to him or them or to him
and them any shares in the company, to issue
or allot any such shares to his nominees or to
any other person (other than himself or his
trustee or legal personal representative)—















The same duty as on a
transfer of marketable
securities referred to in
sub-heading (A) under
this heading
Exemption—
Any instrument being a direction for the issue or allotment
of shares in any company where such direction is given by
the underwriter in any contract for underwriting shares upon
the first issue thereof by the company made for consideration
in money or money's worth of not less than the
unencumbered value of the shares directed to be issued or
allotted.
Sch. 3
(Heading 5
and
expressions)
amended by
No. 7315 s. 3
(Sch. 1 Part
B), repealed
by No. 9662
s. 21(b).
Nos 5581, s. 2,
5769 s. 50(d),
6104 s. 18.
*
*
*
*
*
VI—CONVEYANCE OF REAL PROPERTY AND LAND TRANSFER
Except as otherwise provided in this Act, a reference in the
provisions under this Heading to the value of real property
or property is a reference—
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Stamps Act 1958
Act No. 6375/1958
(a) in relation to a conveyance on sale of the real property
or property—
(i) to the consideration for the sale; or
(ii) to the amount for which the real property or
property might reasonably have been sold if it
had been sold, free from encumbrances, in the
open market on the date of the sale—
whichever is the greater; and
(b) in any other case, to the amount for which the real
property or property might reasonably have been sold
if it had been sold, free from encumbrances, in the
open market on the date of the conveyance, direction,
consent or application.
(A)—CONVEYANCE OF REAL PROPERTY
If the value of the property is not less than the amount shown
in column 1 of an item in the Table under this heading and,
if an amount is shown in column 2 of that item, not more
than the amount shown in column 2 of that item, the duty
payable is the amount determined to the nearest whole dollar
(or, if the amount is an amount of dollars and fifty cents, to
the nearest dollar below that amount) in accordance with
column 3 of that item.
AB-26/5/98
360
Sch. 3
(Heading 6(A)
and
expressions)
amended by
Nos 6450
s. 4(1)(a), 8157
s. 4(1)(a)(b),
8465 s. 3(1),
substituted by
No. 9662 s. 9,
amended by
No. 9850
s. 99(1),
substituted by
No. 9991
s. 24(1),
65/1987
s. 23(1).
Stamps Act 1958
Act No. 6375/1958
Sch. 3
No. 6104 s. 19.
(B)—LAND TRANSFER (under the Transfer of Land Act 1958)
Sch. 3
(Heading 6(B)
and
expressions)
amended by
Nos 6450
s. 4(1)(b), 8157
s. 4(2)(a)(b),
8465 s. 3(2),
substituted by
No. 9662 s. 9,
amended by
No. 9850
s. 99(2)(3),
substituted by
No. 9991
s. 24(1),
amended by
No. 10087
s. 3(1)(Sch. 1
item 231(a)),
substituted by
No. 65/1987
s. 23(1).
If the value of the property is not less than the amount shown
in column 1 of an item in the Table under this heading and,
if an amount is shown in column 2 of that item, not more
than the amount shown in column 2 of that item, the duty
payable on—
(a) every direction under Division 1 of Part II or Division
5 or 6 of Part IV of the Transfer of Land Act 1958
for the certificate to issue to any person other than the
applicant on a transfer of the land mentioned or
referred to in the direction;
(b) every consent to an application whereby the
consenting party relinquishes any estate or interest;
(c) every application to bring land under the Act by any
person who has acquired the land without having paid
the duties in respect of the conveyance of the land to
him or her; and
(d) every transfer of land—
is the amount determined to the nearest whole dollar (or, if
the amount is an amount of dollars and fifty cents, to the
nearest dollar below that amount) in accordance with column
3 of that item.
Sch. 3
(Heading 6(B))
(Table)
substituted by
No. 48/1998
s. 13(1). 29
THE TABLE
AB-26/5/98
Item
Column 1
Column 2
Column 3
1
$0
$20 000
2
$20 001
$115 000
3
$115 001
$870 000
4
$870 001
1·40% of the value
of the property
$280 and 2·40% of
that part of the
value of the
property that
exceeds $20 000
$2560 and 6·00% of
that part of the
value of the
property that
exceeds $115 000
5·5% of the value of
the property".
361
Stamps Act 1958
Act No. 6375/1958
Sch. 3
Exemptions applying to (A) and (B)—
(1) Any grant from the Crown of Crown lands in Victoria.
(2) Every instrument for the conveyance of real property to Her
Majesty (in right of the State of Victoria) or to the Minister
for Conservation, Forests and Lands the Minister of Public
Works or any Corporation established under the Transport
Act 1983 or to any public department of the State of
Victoria or of the Commonwealth of Australia or to any
municipality, the Municipal Association of Victoria, the
Western Metropolitan Market Trust any Authority under the
Water Act 1989; or to any person on behalf of any of the
same.
(3) Any instrument dedicating a free and perpetual right of way
to the use of the public and not containing any provision by
which such instrument could otherwise become liable to
duty.
(4) Any instrument for the conveyance of real property to or in
trust for any registered friendly society or any corporation or
body of persons associated for religious charitable or
educational purposes, and any instrument for declaring or
defining the trust or for appointing new trustees in respect of
the real property so conveyed.
*
*
*
*
*
(6) Any instrument for the conveyance of real property by the
Director of Defence Service Homes to any purchaser within
the meaning of section 4 of the Commonwealth Act known
as the Defence Service Homes Act 1918 and any
amendments thereof or to the personal representative of any
such purchaser which is an instrument for the conveyance of
real property acquired by the said Director from such
purchaser.
(7) Any instrument for the conveyance of real property to the
Director of Housing.
*
AB-26/5/98
*
*
362
*
*
Sch. 3
(Heading 6
exemptions)
amended by
Nos 6910
s. 7(1)(d), 7047
s. 5(d), 7120
s. 2(d), 7698
s. 69(d), 8181
s. 2(1), 9549
s. 2(1),
substituted by
No. 9662 s. 9,
amended by
Nos 9725
ss 2(1),
4(3)(a)–(i),
9761 s. 3,
9895 s. 2(1),
9911 ss 5,
9(2)(3), 10005
s. 10(1)(b),
10087 s. 3(1)
(Sch. 1 item
231(b)), 10219
s. 11(11)(b)(iii),
10256
s. 18(2)(6)(b),
88/1986
s. 34(b),
28/1988
s. 7(1)(b),
29/1988
s. 56(3)(b),
65/1988
ss 20(2)(b),
21(1)(m),
44/1989
s. 41(Sch. 2
item 38.2),
81/1989
s. 3(Sch. item
48.3), 17/1993
s. 8(a)(i)(ii),
103/1993
s. 4(2),
119/1994
s. 33(9)(u),
60/1995
s. 28(5)(b),
84/1996
s. 467(Sch. 6
item 12.2),
86/1997
s. 25.
Stamps Act 1958
Act No. 6375/1958
Sch. 3
(9) Any instrument for the conveyance of real property to the
representative in Australia of the government of another
country, a foreign consul, or a trade commissioner of any
part of the British Commonwealth.
(10) Any instrument for the conveyance of real property that is
subject to a trust to a beneficiary of the trust, if the
beneficiary was a beneficiary when the real property was
first vested in a trustee of the trust and the trust was not
created by a declaration of trust by the person in whom the
real property was vested immediately before it vested in the
trustee and the conveyance is—
(a) to the beneficiary absolutely; or
(b) to that beneficiary, as trustee of another trust of which
all the beneficiaries are natural persons who were
beneficiaries of that other trust when the real property
was first vested in a trustee of the first-mentioned
trust—
if, when the real property was first conveyed to a trustee of
the first-mentioned trust, the conveyance was duly stamped
under this Act or was not liable to duty.
(11) Any instrument for the conveyance of real property made in
consideration of marriage where—
(i) the parties to the marriage and their issue or any of
them are the sole beneficiaries; or
(ii) if there are other beneficiaries, the Comptroller of
Stamps is satisfied that the marriage is the sole and
real consideration for the conveyance—
and the instrument is made before the marriage or after the
marriage but in pursuance of an agreement in writing made
before the marriage.
(12) Any instrument for the conveyance of real property by way
of gift to or in trust for any institution organization or body
of persons whether corporate or unincorporate certified in
writing by the Commissioner under the Gift Duty Act 1971
to be exempt from payment of gift duty under section
14(1)(e) of that Act.
(13) Any instrument for the conveyance of real property by way
of gift to any fund or scheme established for the principal
purpose of making provision by way of superannuation
payments, annuities, pensions, gratuities, allowances, lump
sum payments, benefits, assistance or the like for the
AB-26/5/98
363
Stamps Act 1958
Act No. 6375/1958
directors, officers, servants or employés of any employer or
employers on the termination of their office or service
whether by death or otherwise or on their withdrawal from
membership of such fund or scheme or during their
incapacity for work attributable to illness or accident or for
the widows or children or dependants or legal personal
representatives of any such directors, officers, servants or
employés or for any persons duly selected or nominated for
that purpose pursuant to the provisions of such fund or
scheme.
(14) Any instrument for the conveyance of real property by way
of gift to any fund or scheme established for the principal
purpose of making provision by way of superannuation
payments including pensions, lump sum payments or the like
(not being an instrument as described in paragraph (13))
where the terms and conditions applicable to the fund or
scheme are approved by the Minister having regard to the
number of persons (being not less than 20) contributing to
the fund the amounts of their contributions, the amounts of
the benefits provided for, and such other matters as the
Minister thinks fit.
(15) Any instrument for the conveyance of real property by way
of gift to any fund or scheme established for the principal
purpose of making provision by way of superannuation
payments including pensions, lump sum payments or the like
(not being an instrument described in paragraph (13)) where
the terms and conditions applicable to the fund or scheme
are approved by the Minister having regard to the
occupation of members or the relationship of the trustee to
members the source and amount of contributions to be made
to the fund the benefits to be provided to members from the
fund the persons to be entitled to benefits from the fund the
terms and conditions under which the benefits are to be paid
from the fund and such other matters as the Minister thinks
fit.
(16) Any instrument for the conveyance of real property to a
beneficiary entitled thereto under a will or on an intestacy or
to a beneficiary in satisfaction of such entitlement or to the
personal representative of such a beneficiary.
(17) Any instrument for the conveyance of real property from a
nominee or trustee to the person beneficially entitled thereto
where such person has contributed the purchase money
therefor and a duly stamped conveyance has been executed
in respect thereof to such nominee or trustee.
AB-26/5/98
364
Sch. 3
Stamps Act 1958
Act No. 6375/1958
Sch. 3
(18) Any instrument for the conveyance of real property which is
made by the transferor to a trustee or nominee to be held
solely as trustee or nominee of the transferor without any
change in beneficial ownership or made by way of retransfer to such transferor.
(19) Any instrument for the conveyance of any real property held
by a company if—
(a) the conveyance is made to a shareholder of the
company in the course of any distribution of assets of
the company in consequence of the reduction of the
capital of the company other than a reduction of
capital made in consequence of the redemption of
redeemable preference shares; and
(b) the Comptroller of Stamps is satisfied that the transfer
does not arise from arrangements or a scheme devised
for the principal purpose of taking advantage of the
benefit of this exemption.
(20) Any instrument for the conveyance of real property from one
person to another person, from two persons to one of those
persons or from one person to himself and another person
where—
(a) both the persons are married to each other; or
(b) both the persons have been married to each other and
the Comptroller of Stamps is satisfied that the
instrument was made by reason of the breakdown of
the marriage; or
(c) the persons are a man and a woman who—
(i) are living together on a permanent and bona
fide domestic basis; or
(ii) have been living together on such a basis and
the Comptroller of Stamps is satisfied that the
instrument was made by reason of the
breakdown of the relationship—
and no other person takes or is entitled to take an
interest in the property in pursuance of the instrument.
(21) Any instrument for the conveyance of real property made by
joint tenants to themselves as tenants in common in equal
shares or by tenants in common in equal shares to themselves
as joint tenants.
AB-26/5/98
365
Stamps Act 1958
Act No. 6375/1958
(22) Any instrument for the conveyance of real property where
the Comptroller of Stamps is satisfied that the instrument is
for the sole purpose of rectifying an error and is in
substitution for another instrument on which stamp duty has
been paid.
(23) Any instrument for the conveyance of real property where
the Comptroller of Stamps is satisfied that the instrument is
made solely in consequence of the appointment or retirement
of any trustee or other change in trustees and in order to vest
the real property in the trustees for the time being entitled to
hold the real property.
(24) An instrument—
(a) for the conveyance of real property to the Official
Trustee in Bankruptcy in the official capacity of the
Official Trustee or to a registered trustee in
bankruptcy in the official capacity of registered trustee
or to a trustee under a deed of assignment or
arrangement; or
(b) of reconveyance of real property by the Official
Trustee in Bankruptcy in the official capacity of the
Official Trustee or by a registered trustee in
bankruptcy in the official capacity of registered trustee
or by a trustee under a deed of assignment or
arrangement.
(25) Any instrument for the conveyance of real property made in
pursuance of section 474 of the Corporations Law, section
13 of the Administration and Probate Act 1958, or section
51 of the Trustee Act 1958.
(26) Any decree or order of a court or the Registrar of Titles by
which real property is vested in a person by reason only of
the foreclosure of a mortgage.
(27) Any instrument for the conveyance of real property where
the Comptroller of Stamps is satisfied that—
(a) the instrument for the conveyance is made solely to
convey the real property to a trustee under an
instrument of settlement;
(b) the instrument of settlement is made by reason of the
breakdown of the marriage of the settlor;
(c) the transferor under the instrument for the conveyance
is or was a party to the marriage; and
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Sch. 3
Stamps Act 1958
Act No. 6375/1958
Sch. 3
(d) no person other than a party to the marriage or a child
of a party or of both parties to the marriage is a
beneficiary under the instrument of settlement.
Sch. 3
(Heading 7
and
expressions)
amended by
Nos 6450 s. 4
(as amended
by No. 6489
s. 4), 8157
s. 4(3)(a)(b),
8465 s. 3(3),
repealed by
No. 9662 s. 8.
*
AB-26/5/98
*
*
367
*
*
Stamps Act 1958
Act No. 6375/1958
Sch. 3
VIII—LEASES
No. 6104 s. 23.
Lease, assignment of lease or agreement for a lease of any lands or tenements
for any definite or indefinite term—
$ c.
(1) Where the consideration or any part of the
consideration not being by way of rent moving
either to the lessor, assignor or to any other person
consists of any money or marketable security—
in respect of such consideration for every $100, and
also for any fractional part of $100
1.20
(2) Where the consideration or any part of the
consideration is any rent—
(a)
in respect of a lease for any definite term of
less than twelve months, exceeding in the
aggregate $130—
in respect of such consideration for every
$100, and also for any fractional part of $100
(b) in respect of a lease for any definite term of
not less than twelve months, at a rate
exceeding $130 per annum—
in respect of the total of such consideration
for the full term of the lease, for every $100,
and also for every fractional part of $100
(c)
in respect of a lease for any indefinite term, at
a rate exceeding $130 per annum—
in respect of such consideration whether
reserved as a yearly rent or otherwise, for
every $100, and also for every fractional part
of $100 per annum
0.60
0.60
1.20
(3) Partition or division of the interest of a lessee under
a lease of lands or tenements, where any
consideration is given for equality:
Instrument for effecting same—
where the amount or value of the consideration
paid or given or agreed to be paid or given for
equality exceeds $20—
in respect of such consideration for every $100, and
also for any fractional part of $100
AB-26/5/98
368
1.20
Sch. 3
(Heading 8
and
exemptions)
amended by
Nos 6552
s. 4(1)(b)(i)(ii),
6739 s. 7(c)(i)
(ii), 6791
s. 21(1)(b),
6910 s. 7(1)(e)
(i)(ii), 7047
s. 5(e), 7120
s. 2(e), 7585
s. 10(a), 7698
s. 69(e), 8157
s. 5(a)(b)(i)–
(iii)(c)(d)(i)(ii),
8181 s. 2(1)
(Sch. item
175(b)), 9725
s. 4(4)(a)(b),
9895 s. 2(1)
(Sch. 1 item
11(d)), 9921
s. 255, 10005
s. 10(1)(c),
10087 s. 3(1),
(Sch. 1 item
232(a)(b),
10118 s. 13,
10219
s. 11(11)
(b)(iv), 10256
s. 18(3)(a)–(c),
65/1987
s. 27(1)(b),
29/1988
s. 56(3)(c),
65/1988
s. 20(2)(c),
44/1989 s. 41
(Sch. 2 item
38.3), 81/1989
s. 3(Sch. item
48.4), 17/1993
s. 8(b)(i)(ii).
Stamps Act 1958
Act No. 6375/1958
Sch. 3
(4) For every transfer or assignment of any lease where the
consideration or any part of the consideration for such lease
is any rent at a rate exceeding $130 per annum—
(a) where the lease is for a definite term—
in respect of each year and fractional part of a year of
the unexpired portion of the term, $0.60, and in
addition in respect of each $100 and fractional part of
$100 of the yearly rent payable at the date of the
transfer or assignment whether reserved as a yearly
rent or otherwise, $0.60;
(b) where the lease is for an indefinite term—
$3.00, and in addition in respect of each $100 and
fractional part of $100 of the yearly rent payable at the
date of the transfer or assignment whether reserved as
a yearly rent or otherwise, $0.60.
*
*
*
*
*
Exemptions—
(1) Any mining lease or any transfer or assignment thereof or
any agreement for the right to enter upon or occupy and use
any land for mining purposes.
(2) Any lease granted or assigned to Her Majesty (in right of the
State of Victoria) or the Minister for Conservation, Forests
and Lands the Minister of Public Works or any Corporation
established under the Transport Act 1983 or any public
department of Victoria or of the Commonwealth of Australia
or any municipality, the Municipal Association of Victoria,
the Western Metropolitan Market Trust any Authority under
the Water Act 1989 any union under the Weights and
Measures Act 1958; or any person on behalf of any of the
same.
(3) Any lease granted or assigned to any registered friendly
society or for religious charitable or educational purposes or
to any corporation or body of persons associated for any
such purpose.
(4) Any sub-lease or assignment of a lease made by any person
by way of security or any re-assignment thereof to such
person.
AB-26/5/98
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Stamps Act 1958
Act No. 6375/1958
(5) Any lease granted or assigned to the representative in
Australia of the government of another country, a foreign
consul, or a trade commissioner of any part of the British
Commonwealth.
(6) Any lease assigned—
(a) to a beneficiary under a will to whom such lease was
bequeathed by a testator or was appropriated as part
of the residuary estate of the testator, or to the
personal representatives of such beneficiary; or
(b) to a person entitled to such lease under an intestacy or
pursuant to an appropriation thereunder.
(7) Any lease under the Closer Settlement Act 1938 or the
Land Act 1958 or any other Act or enactment in respect of
which a Crown grant in fee-simple is by law directed or
authorized to be made to the lessee upon payment of all
sums (whether referred to as rent or otherwise) reserved
thereby and upon compliance with the other covenants of the
lease.
(8) Any lease granted or assigned by a municipality pursuant to
the powers conferred by Part XLA of the Local
Government Act 1958.
(9) Any lease assigned by a company to a shareholder of the
company in the course of any distribution of assets of the
company in consequence of the winding up of the company
or of the reduction of the capital of the company.
(10) A lease or agreement for a lease of lands or tenements for
use only as a private dwelling.
AB-26/5/98
370
Sch. 3
Stamps Act 1958
Act No. 6375/1958
Sch. 3
IX—INSTRUMENT OF SETTLEMENT
Nos 5903
s. 3(b), 6104
S. 28.
An instrument of settlement includes—
(a) any instrument, other than a will or codicil, whether
voluntary or upon any good or valuable consideration
other than a bona fide adequate pecuniary
consideration and whether revocable or not whereby
any property is settled or agreed to be settled in any
manner whatsoever;
Sch. 3
(Heading 9
expressions
and
exemptions)
amended by
Nos 6450
s. 5(1)(a)–(g),
6494 s. 5(b),
6910
s. 7(1)(f)(i)(ii),
7047 s. 5(f),
7120 s. 2(f),
7204 s. 5(1),
7636 s. 3,
7698 s. 69(f),
8176 s. 57(2),
8203 s. 2(b),
8465 s. 4,
substituted by
No. 9662
s. 10(2),
amended by
Nos 9725
s. 4(5), 9911
s. 9(4), 9991
s. 25, 65/1988
s. 21(1)(n).
(b) any instrument declaring that the property vested in
the person executing the same shall be held in trust for
the person or persons mentioned therein;
(c) any instrument whereby an existing trust created
verbally is acknowledged evidenced or recorded either
by the creator of the trust or by the trustee in any case
where, if the trust had originally been created by an
instrument, stamp duty would have been chargeable
upon such instrument under either paragraph (a) or
paragraph (b) above;
(d) an instrument referred to in paragraph (a), (b) or (c)
above executed on or after 1 January 1984—
(i) upon which, at the date of execution, stamp
duty was not payable and to which an
exemption specified under this heading did not
apply; and
(ii) to which property is added or to which property
becomes subject, where, if the property had
been comprised in the instrument of settlement
at the date of its execution, stamp duty would
have been payable upon the instrument.
On an instrument of settlement
$200.00
Exemptions—
(1) Any instrument of settlement made before and in
consideration of marriage where the parties to the marriage
and their issue or any of them are the sole beneficiaries or
where if there are other beneficiaries the Comptroller of
Stamps is satisfied that the marriage is the sole and real
consideration for the benefits conferred.
(2) Any instrument whereby any property is settled or agreed to
be settled for any religious charitable or educational purpose
or in trust for any corporation or body of persons associated
AB-26/5/98
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Stamps Act 1958
Act No. 6375/1958
for any such purpose so far as the instrument relates to
property so settled or agreed to be settled.
(3) Any instrument whereby any property is settled or agreed to
be settled to or in trust for the benefit of any institution
organization or body of persons whether corporate or
unincorporate certified in writing by the Commissioner
under the Gift Duty Act 1971 to be exempt from payment of
gift duty under section 14(1)(e) of that Act so far as the
instrument relates to property so settled or agreed to be
settled.
(4) Any instrument which establishes or regulates or relates to
the establishment or regulation of any fund or scheme
established for the principal purpose of making provision by
way of superannuation payments, annuities, pensions,
gratuities, allowances, lump sum payment, benefits,
assistance or the like for the directors officers servants or
employees of any employer or employers on the termination
of their office or service whether by death or otherwise or on
their withdrawal from membership of such fund or scheme
or during their incapacity for work attributable to illness or
accident or for the widows or children or dependants or legal
personal representatives of any such directors officers
servants or employees or for any persons duly selected or
nominated for that purpose pursuant to the provisions of
such fund or scheme.
(5) Any instrument whereby any shares or rights in respect of
shares in any registered co-operative housing society are
settled on any person.
(6) Any instrument which establishes or regulates or relates to
the establishment or regulation of any fund or scheme
established for the principal purpose of making provision by
way of superannuation payments including pensions lump
sum payments or the like (not being an instrument as
described in paragraph (4) hereof) where the terms and
conditions applicable to the fund or scheme are approved by
the minister having regard to the number of persons (being
not less than twenty) contributing to the fund the amounts of
their contributions, the amounts of the benefits provided for,
and such other matters as the Minister thinks fit.
(7) Any instrument which establishes or regulates or relates to
the establishment or regulation of any fund or scheme
established for the principal purpose of making provision by
way of superannuation payments including pensions lump
AB-26/5/98
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Sch. 3
Stamps Act 1958
Act No. 6375/1958
Sch. 3
sum payments or the like (not being an instrument referred
to in Exemption (4) under this heading) where the terms and
conditions applicable to the fund or scheme are approved by
the Minister having regard to the occupation of members the
relationship of the trustee to members the source and amount
of contributions to be made to the fund the benefits to be
provided to members from the fund the persons to be
entitled to benefit from the fund the terms and conditions
under which benefits are to be paid from the fund and such
other matters as the Minister thinks fit.
(8) Any instrument of settlement where the Comptroller of
Stamps is satisfied that—
(a) the instrument of settlement is made by reason of the
breakdown of the marriage of the settlor; and
(b) no person other than a party to the marriage or a child
of a party or of both parties to the marriage is a
beneficiary under the instrument of settlement.
No. 6104 s. 32.
*
*
*
*
*
*
*
*
*
*
Sch. 3
(Heading 10
expressions
and
exemptions)
amended by
Nos 7317
s. 8(c)(i)(ii),
7876 s. 2(3),
8465 s. 5,
9662 s. 21(c),
9991 s. 26,
repealed by
No. 10256
s. 17(b).
Sch. 3
(Heading 11
and
expressions)
amended by
Nos 6450
s. 2(12), 6494
s. 2(2), 6611
s. 2(2), 7204
s. 7(c), 8157
s. 6(1), 8465
s. 6(1),
repealed by
No. 9208
s. 3(j).
AB-26/5/98
373
Stamps Act 1958
Act No. 6375/1958
XIA—POLICIES OF LIFE INSURANCE—
Where the sum insured does not exceed $2000—Twelve
cents ($0.12) for every $200 or fractional part of $200 of the
sum insured.
Where the sum insured exceeds $2000—$1.20 and for every
$200 or fractional part of $200 of the sum insured in excess
of $2000—Twenty-four cents ($0.24).
Provided that the duty payable on a temporary or term
insurance policy shall be five per centum of the first year's
premium on that policy.
Sch. 3
(Heading 11A
expressions
and
exemptions)
inserted by
No. 7204
s. 7(c),
amended by
No. 8465
s. 7(a)–(c).
Exemptions—
(1) Any cover note in pursuance of which a duly stamped policy
is issued within three months of the cover note.
(2) Any policy, under which the sum insured does not exceed
$200.
(3) Any policy of re-insurance.
*
*
*
*
*
XV—BOOKMAKERS' STATEMENTS31—
Upon any bookmaker's statement furnished to the
Comptroller of Stamps by any bookmaker in respect of bets
made by the bookmaker as such, whether the amount
wagered by the backer in any such bet is or is not paid to the
bookmaker at the time the bet is made,—
(a) in respect of the aggregate of the amounts wagered by
the backers in all such bets made at the Flemington
race-course, the Caulfield race-course, the Sandown
race-course, the Moonee Valley race-course, the
Royal Showgrounds race-course at Ascot Vale, the
Olympic Park greyhound racing sports ground and the
AB-26/5/98
374
Sch. 3
Headings
12–14
repealed.30
Stamps Act 1958
Act No. 6375/1958
Sch. 3
Sandown Park greyhound racing sports ground—an
amount equal to 2% of that aggregate;
(b) in respect of the aggregate of the amounts wagered by
the backers in all such bets made at all other racecourses and sports grounds in Victoria—an amount
equal to 1·5% of that aggregate;
*
*
*
*
*
*
*
*
*
*
For the purposes hereof—
the amount of any bet which is cancelled or called off
in accordance with any relevant rule practice or
direction of a racing club or sports promoter shall not
be included in any such aggregate; and
a bet for a win and a place or a "double" or "treble" or
other similar bet shall be deemed one bet only.
Sch. 3
(Heading 16
and
expression)
repealed by
No. 65/1988
s. 10(2).
Sch. 3
(Heading 17
and
expressions)
amended by
Nos 7315
s. 3(Sch. 1
Pt B), 7615
s.
22(a)(b)(i)(ii),
9253 s. 3,
10067
s. 7(1)(a)–(c),
substituted by
No. 115/1994
s. 141(1),
amended by
No. 25/1997
s. 13(a)–(d).
*
*
*
*
*
XVII—STATEMENTS AND RETURNS ON SALES OF
CATTLE
(1) Any statement written out or caused to be written out by the
owner of cattle or calves or the owner's agent or any
approved agent's return furnished to the Commissioner of
State Revenue under the Livestock Disease Control Act
1994 in respect of—
(a) the sale of any cattle, whether payment of the
purchase money for the sale is or is not made in full at
the time of the sale or is to be made by instalments or
is otherwise deferred, for every $20.00 and also for
any part of $20.00—
(i) of the amount of the purchase money for one
head of cattle or one carcase sold singly; or
(ii) of the total amount of the purchase money for
any number of cattle or carcases sold in one
lot—
AB-26/5/98
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Stamps Act 1958
Act No. 6375/1958
a stamp duty of five cents ($0.05);
(b) the sale of any calf—a stamp duty for each calf of
fifteen cents ($0.15).
(c) the sale of any cattle sold over the hooks where the
carcase is purchased on a weight sale basis after the
animal has been slaughtered whether payment of the
purchase money for the sale is or is not made in full at
the time of the sale or is to be made by instalments or
is otherwise deferred, for each carcase—
(i) in the case of a carcase weighing up to and
including 250 kilograms—a stamp duty of
ninety cents ($0.90); and
(ii) in the case of a carcase weighing more than 250
kilograms—a stamp duty of one dollar and
thirty cents ($1.30).
(2) The stamp duty for the amount of purchase money of any
one head of cattle or any one carcase whether sold singly or
as part of a lot must not exceed sixty cents ($0.60).
(3) In this Part—
"cattle" means any bull, cow, ox, steer, heifer or buffalo;
"calf" means any cattle less than 2 months of age.
PART XVIIA—STATEMENTS AND RETURNS ON SALES OF
SHEEP AND GOATS
Any statement written out or caused to be written out by the
owner of sheep or goats or the owner's agent or any
approved agent's return furnished to the Commissioner of
State Revenue under the Livestock Disease Control Act
1994 in respect of the sale of any sheep or goats or the
carcases of any sheep or goats sold over the hooks where the
carcase is purchased on a weight sale basis after the animal
has been slaughtered, whether the payment of the purchase
money for the sale is made or is not made in full at the time
of the sale or is to be made by instalments or is otherwise
deferred, a stamp duty of nine cents ($0.09).
AB-26/5/98
376
Sch. 3
(Heading 17A
and
expressions)
inserted by
No. 25/1997
s. 14.
Stamps Act 1958
Act No. 6375/1958
Sch. 3
No. 5708 s. 3.
XVIII—STATEMENTS AND RETURNS ON SALES OF PIGS—
Any statement written out or caused to be written out by the
owner of any pig or by the agent of the owner or any
approved agent's return furnished to the Comptroller of
Stamps under section 92(2) or 95(2) of the Livestock
Disease Control Act 1994 in respect of the sale of any pig
or the sale of the carcase of any pig sold over the hooks if
the carcase is purchased on a weight sale basis after the pig
has been slaughtered, whether payment of the purchase
money in respect of any such sale is or is not made in full at
the time of the sale or is to be made by instalments or is
otherwise deferred—
Sch. 3
(Heading 18
and
expressions)
amended by
Nos 7315 s. 3
(Sch. 1 Pt B),
7614 s. 22(a)
(b)(i)–(iv),
8411 s. 4(a)(b),
115/1994
s. 141(2)(a)–
(e).
For every $5 and also for any fractional part of $5—
(a) of the amount of the purchase money in respect of one
pig or the carcase of one pig sold singly; or
(b) of the total amount of the purchase money in respect
of any number of pigs or carcases of pigs sold in one
lot—
a stamp duty of Two cents ($0.02): Provided that the stamp
duty in respect of the amount of the purchase money of any
one pig or carcase whether sold singly or as part of a lot
shall not exceed Sixteen cents ($0.16).
Under this heading XVIII, "pig" means any boar sow
barrow or sucker.
AB-26/5/98
377
Stamps Act 1958
Act No. 6375/1958
Sch. 3
XIX—INSTALMENT PURCHASE AGREEMENT—
A stamp duty equal to 1·2 per centum of the purchase price.
Exemptions—
(1) Any instalment purchase agreement where the purchase
price is less than $20.
(2) Any instalment purchase agreement where the vendor is a
municipality, the Municipal Association of Victoria, the
Western Metropolitan Market Trust any Authority under the
Water Act 1989 or a union under the Weights and
Measures Act 1958.
AB-26/5/98
*
*
*
*
*
*
*
*
*
*
378
Sch. 3
(Heading 19
expression
and
exemptions)
inserted by
No. 6450
s. 6(3) (as
amended by
No. 6489 s. 4
(Sch. item
14(c)(iii)),
amended by
Nos 6910
s. 7(1)(g), 7047
s. 5(i), 7120
s. 2(g), 7332
s. 2(Sch. 1
item 109),
7500 s. 3(d),
7698 s. 69(g),
8157 s. 7(1),
8465 s. 8(1),
9662 s. 16(2),
9850 s. 100(1),
9895
s. 2(1)(Sch. 1
item 11(e)),
10219 s. 11(b)
(v), 10256
s. 18(6)(d),
65/1987
s. 13(3),
65/1988
s. 20(2)(d),
81/1989
s. 3(Sch. item
48.5).
Stamps Act 1958
Act No. 6375/1958
Sch. 3
*
No. 6104 s. 30.
*
*
Sch. 3
(Heading 20
expressions
and
exemptions)
amended by
Nos 6910
s. 7(1)(h), 7047
s. 5(j), 7120
s. 2(h), 7698
s. 69(h), 8181
s. 2(1), 8465
s. 9, 9662
s. 21(d), 9895
s. 2(1), 9921
s. 255, 10005
s. 10(1)(d),
10087 s. 3(1)
(Sch. 1 item
233), 10219
s. 11(11)(b)
(vi), repealed
by No. 10256
s. 17(b).
AB-26/5/98
379
*
*
Stamps Act 1958
Act No. 6375/1958
Sch. 3
XXI—APPLICATIONS FOR REGISTRATION OF AND NOTICES
OF ACQUISITION IN RESPECT OF MOTOR VEHICLES AND
COMMERCIAL TRAILERS—
(1) On every application for registration of a motor vehicle or
commercial trailer which has not previously been registered
in Victoria or elsewhere—
(a) in the case of a passenger car the market
value of which exceeds $35 000 but does
not exceed $45 000, for every $200 of that
market value and also for any fractional
part of $200 of that market value
$8.00
(b) in the case of a passenger car the market
value of which exceeds $45 000, every
$200 of that market value and also for any
fractional part of $200 of that market
value
$10.00
(c) in any other case, every $200 of the
market value of the motor vehicle or
commercial trailer, and also for any
fractional part of $200 of that market
value
$5.00
(2) On every other application for registration of a motor vehicle
or commercial trailer—
for every $200 of the market value of the
motor vehicle or commercial trailer in
respect of which the application is made
and also for any fractional part of $200 of
such market value
*
*
*
*
$8.00
*
(4) On every notice of acquisition of a motor vehicle or
commercial trailer—
for every $200 of the market value of the
motor vehicle or commercial trailer at the
date that the person giving the notice of
acquisition acquired possession of the
motor vehicle and also any fractional part
of $200 of such market value
$8.00
(5) On each motor vehicle or commercial trailer to the
registration or acquisition of which by a person paragraph 1
AB-26/5/98
380
Sch. 3
(Heading 21
and
expressions)
inserted by
No. 7193
s. 2(2),
amended by
Nos 7283
s. 11(a)(b),
7506
s. 24(f)(i)(ii),
7585 s. 10(b),
7698 s. 69(i),
7777 s. 5(2),
8157 s. 8,
8408 s. 65,
8465
s. 10(a)(b),
8747 s. 3,
9015
s. 25(3)(a)(b),
9120 s. 2(b)(iii)
(iv), 9317
ss 3(2), 6,
9318 s. 9,
9445 s. 3,
9548 s. 39(e)
(i)–(iii), 9662
s. 22(1), 9810
s. 21, 9911
s. 9(5), 9991
s. 17(8)(9),
10118 s. 11(5),
10219
s. 11(11)
(b)(vii), 10256
s. 18(4)(6)(e),
88/1986 ss 31,
32, 34(c)(i)(ii)
(d), 104/1986
s. 122(Sch.
item 4),
65/1987
ss 24(a)–(d),
26(j)(i)–(xi),
28/1988 s. 8(c)
(i)(ii), 65/1988
ss 19(1)(2),
20(2)(e),
21(2)(f)(i)–(iii),
67/1989
s. 5(1)–(3),
81/1989 s. 3
(Sch. item
48.6), 17/1993
s. 9, 44/1994
s. 9.
Stamps Act 1958
Act No. 6375/1958
Sch. 3
or 1A of the exemptions under this heading applied—where
that person commences to use the motor vehicle or
commercial trailer otherwise than solely for the purposes of
sale—
for every $200 of the market value of the
motor vehicle or commercial trailer on
the date on which that person first so uses
the motor vehicle or commercial trailer
and also for any fractional part of $200 of
that market value
$8.00
Exemptions—
1. An application to register a motor vehicle or commercial
trailer given by a licensed motor car trader who carries on a
business of dealing in motor vehicles or commercial trailers
if the application is made—
(a) in the course of and for the purpose of carrying on that
business; and
(b) solely for the purpose of the sale of the motor vehicle
or commercial trailer.
1A. An application to register a motor vehicle or commercial
trailer given by a licensed motor car trader who carries on a
business of dealing, for the purpose of sale by retail, in
motor vehicles or commercial trailers, if the application is
made—
(a) in the course of and for the purpose of carrying on that
business and solely or primarily for the purpose of
either or both of the following—
(i) the sale of the motor vehicle or commercial
trailer;
(ii) the use of the motor vehicle or commercial
trailer for the purpose of the sale of another
motor vehicle or commercial trailer of the same
class; or
(b) solely or primarily for the purpose of the provision of
the motor vehicle or commercial trailer to a secondary
educational institution for use for driver education
purposes.
1AA. A notice of acquisition of a motor vehicle or commercial
trailer made by a registered used car dealer who carries on a
AB-26/5/98
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Stamps Act 1958
Act No. 6375/1958
business of dealing in motor vehicles or commercial trailers
if the application is made—
(a) in the course of and for the purpose of carrying on that
business; and
(b) solely for the purpose of the sale of the motor vehicle
or commercial trailer.
1AB. A notice of acquisition of a motor vehicle or commercial
trailer made by a registered used car dealer who carries on a
business of dealing, for the purpose of sale by retail, in
motor vehicles or commercial trailers, if the application is
made—
(a) in the course of and for the purpose of carrying on that
business and solely or primarily for the purpose of
either or both of the following—
(i) the sale of the motor vehicle or commercial
trailer;
(ii) the use of the motor vehicle or commercial
trailer for the purpose of the sale of another
motor vehicle or commercial trailer of the same
class; or
(b) solely or primarily for the purpose of the provision of
the motor vehicle or commercial trailer to a secondary
educational institution for use for driver education
purposes.
1B. A notice of acquisition of a motor vehicle or commercial
trailer from a registered used car dealer by a person other
than a registered used car dealer if—
(a) stamp duty has been paid under this Act on an
application for registration, or a previous notice of
acquisition, of the motor vehicle or commercial
trailer; or
(b) the motor vehicle or commercial trailer has been used
otherwise than solely for sale and stamp duty has not
been paid under this Act on an application for
registration, or a previous notice of acquisition, of the
motor vehicle or commercial trailer.
1C. An application to register, or a notice of acquisition of, a
motor vehicle or commercial trailer made or given by a
person who is the holder of a licence under a law of another
State or of a Territory that corresponds to a licence under the
AB-26/5/98
382
Sch. 3
Stamps Act 1958
Act No. 6375/1958
Sch. 3
Motor Car Traders Act 1986 but is not the holder of a
licence under that Act where the application or notice is
made or given in the course of and for the purposes of
carrying on the business to which the licence relates.
2. An application for registration or a notice of acquisition
made or given by a person in relation to a motor vehicle or
commercial trailer if, on a transfer of registration of that
vehicle or trailer to that person, a fee would not be payable
under the Road Safety Act 1986 or regulations under that
Act.
3. Any application to register or notice of acquisition made or
given by an executor or administrator of or by any person
administering the estate of a deceased person if the
application or notice is made or given only for the purpose
of the transfer of the motor vehicle or commercial trailer to a
person beneficially entitled thereto or for the purpose of the
sale of the motor vehicle or commercial trailer in the course
of winding up the estate.
*
*
*
*
*
*
*
*
*
*
6. Any application to register or notice of acquisition relating
to a motor vehicle or commercial trailer that is made or
given solely for giving effect to a nomination made for the
purposes of the regulations under the Road Safety Act 1986
by all the owners of a motor vehicle or commercial trailer to
have the registration of the motor vehicle or commercial
trailer effected in the name of one of the owners only.
7. Any notice of acquisition relating to a motor vehicle or
commercial trailer given by a shareholder of a company in
the course of any distribution of assets of the company in
consequence of the winding up of the company or of the
reduction of the capital of the company.
8.
(1) An application to register or a notice of acquisition
made or given by a surviving spouse in respect of a
motor vehicle or commercial trailer which the
surviving spouse has acquired by reason of an
entitlement to the whole or part of the estate of the
deceased spouse.
(2) In this exemption a reference to the spouse of a person
includes a reference to a person of the opposite sex
who was, immediately before the death of the person,
AB-26/5/98
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Stamps Act 1958
Act No. 6375/1958
living with that person on a permanent and bona fide
domestic basis.
9. An application to register or a notice of acquisition where
the Comptroller of Stamps is satisfied that—
(a) the application or notice is made or given solely to
transfer a motor vehicle or commercial trailer to a
trustee under an instrument of settlement;
(b) the instrument of settlement is made by reason of the
breakdown of the marriage of the settlor;
(c) the person from whom the motor vehicle was acquired
was a party to the marriage; and
(d) no person other than a party to the marriage or a child
of a party or of both parties to the marriage is a
beneficiary under the instrument of settlement.
10. An application to register or a notice of acquisition that is
made or given to give effect to a transfer from one person to
another person, from two persons to one of those persons or
from one person to himself and another person where—
(a) both the persons are married to each other; or
(b) both the persons have been married to each other and
the Comptroller of Stamps is satisfied that the transfer
was made by reason of the breakdown of the marriage;
or
(c) the persons are a man and a woman who—
(i) are living together on a permanent and bona
fide domestic basis; or
(ii) have been living together on such a basis and
the Comptroller of Stamps is satisfied that the
transfer was made by reason of the breakdown
of the relationship—
and no other person takes or is entitled to take an interest in
the property in pursuance of the transfer.
11. A notice of acquisition made or given—
(a) by a person for whom, when a minor, a motor vehicle
or commercial trailer was acquired by another person
as nominee or trustee; and
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Sch. 3
Stamps Act 1958
Act No. 6375/1958
Sch. 3
(b) for the purposes of giving effect to the transfer of the
motor vehicle or trailer from the nominee or trustee to
that person after ceasing to be a minor.
12. A notice of acquisition of a motor vehicle or commercial
trailer that the Comptroller of Stamps is satisfied was made
or given solely in consequence of the appointment or
retirement of a trustee or other change in trustees and in
order to vest the motor car or commercial trailer in the
trustees for the time being entitled to hold the motor car or
commercial trailer.
13. An application to register a motor vehicle or commercial
trailer made or given by a person in whose name the motor
vehicle or commercial trailer was last registered outside
Victoria but within Australia if the Comptroller of Stamps
has issued a certificate stating that the Comptroller is
satisfied that the registration outside Victoria was not in any
way associated with the avoidance of duty under this Act.
Sch. 3
(Heading 21A
and
expressions)
inserted by
No. 9120
s. 3(3),
amended by
Nos 9427
s. 6(1)(Sch. 5
item 175(a)),
9911 s. 9(6),
repealed by
No. 10118
s. 12(2).
*
AB-26/5/98
*
*
385
*
*
Stamps Act 1958
Act No. 6375/1958
Sch. 3
XXII—MORTGAGE, BOND, DEBENTURE, OR COVENANT—
Upon every mortgage, bond, debenture or covenant and
upon every foreign security—
$ c.
Where the amount secured does not exceed
$10 000
4.00
Where the amount secured exceeds
$10 000—$4 for the first $10 000 and for
every additional $200 and for any fractional
part of $200 in excess of $10 000
0.80
Exemptions—
(1) Any mortgage bond debenture or covenant or any foreign
security to secure the repayment of an amount not exceeding
$200.
(2) Any mortgage bond debenture or covenant made or given
by a credit union within the meaning of the Financial
Institutions (Victoria) Code or registered co-operative
housing society.
(3) Any mortgage bond debenture or covenant given by any
corporation or body of persons incorporated or associated
for any religious charitable or educational purpose.
(4) Any mortgage, bond, debenture or covenant or any foreign
security made or given by—
(a) a Government of the Commonwealth or of a State or
Territory of the Commonwealth; or
(b) a public statutory authority constituted under the law
of Victoria, other than a declared public statutory
authority within the meaning of section 137D(5); or
(c) a public statutory authority constituted under the law
of the Commonwealth or of a State (other than
Victoria) or Territory of the Commonwealth; or
(d) the Municipal Association of Victoria.
(5) Any lien on a crop registered under Part VII of the
Instruments Act 1958.
(6) Any lien on wool or mortgage of stock registered under Part
VIII of the Instruments Act 1958.
(7) Any mortgage given to the Accident Compensation
Commission.
AB-26/5/98
386
Sch. 3
(Heading 22
expressions
and
exemptions)
inserted by
No. 7204
s. 6(c),
amended by
Nos 7317
s. 7(1)(a)–(c),
8157 s. 9(1),
8465 s. 11(1),
10118 s. 5(2),
10256
ss 15(8),
18(6)(f),
29/1988
s. 56(3)(d),
65/1988
s. 20(2)(f),
48/1992
s. 119,
17/1993 s. 10,
31/1997 s. 20,
84/1996
s. 467(Sch. 6
item 12.3).
Stamps Act 1958
Act No. 6375/1958
Sch. 3
(8) Any mortgage to secure an advance under the Wire Netting
Act 1958.
(9) Any mortgage given to a recognized institution within the
meaning of the Trustee Act 1958, being a mortgage of a
mortgage or a mortgage by way of deposit of a mortgage.
(10) Any guaranteed certificate within the meaning of the
Trustee Act 1958.
(11) A deed of cross guarantee approved by the Australian
Securities Commission for the purposes of an order under
section 313(6) of the Corporations Law.
Sch. 3
Headings
23, 24
repealed.32
*
*
*
_______________
AB-26/5/98
387
*
*
Stamps Act 1958
Act No. 6375/1958
Sch. 4
Section 166A.
FOURTH SCHEDULE
WARRANT TO ENTER PREMISES
To
the State of Victoria and to
a member of the Police Force of
WHEREAS it appears to me
, a Magistrate,
of
by the evidence on
oath/by affidavit* of
Comptroller of Stamps
under the Stamps Act 1958, that there is reasonable ground for suspecting
that there are in certain premises situated at
books which are
relevant to the assessment of stamp duty, this is to authorize you, with such
assistance as you may find necessary, to enter upon the premises situated as
aforesaid or otherwise and to search the premises and break open and search
any cupboard, drawer, chest, trunk, box, package or other receptacle whether
a fixture or not on the premises and to take possession of or secure against
interference any books and to deliver any books possession of which is so
taken into the possession of the Comptroller of Stamps or a person authorized
by the Comptroller of Stamps to receive them and for so doing this shall be
your warrant.
Given under my hand at
day of
19
this
.
*Strike out whichever is not applicable
৶৶৶৶৶৶৶৶৶৶৶৶৶৶৶
AB-26/5/98
388
Sch. 4
amended by
Nos 6450
s. 2(13), 6552
s. 2(5)(b),
repealed by
No. 9208
s. 3(k), new
Sch. 4
inserted by
No. 9991 s. 28,
amended by
No. 57/1989
s. 3(Sch. item
184.18(a)–(c)).
Stamps Act 1958
Act No. 6375/1958
Notes
NOTES
1. General Information
The Stamps Act 1958 was assented to on 30 September 1958 and came into
operation on 1 April 1959: Government Gazette 18 March 1959 page 893.
AB-26/5/98
389
Stamps Act 1958
Act No. 6375/1958
2. Table of Amendments
This Version incorporates amendments made to the Stamps Act 1958 by
Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Stamps (Amendment) Act 1958, No. 6450/1958 (as amended by No. 6489)
Assent Date:
25.11.58
Commencement Date:
1.12.58: Government Gazette 26.11.58 p. 3719
Current State:
All of Act in operation
Companies Act 1958, No. 6455/1958
Assent Date:
2.12.58
Commencement Date:
1.4.59: Government Gazette 4.3.59 p. 496
Current State:
All of Act in operation
Stamps (Amendment) Act 1959, No. 6494/1959 (as amended by No. 6716)
Assent Date:
24.8.59
Commencement Date:
S. 2 on 1.12.58: s. 2(3); rest of Act on 28.4.59
Current State:
All of Act in operation
Statute Law Revision Act 1959, No. 6505/1959
Assent Date:
5.5.59
Commencement Date:
1.4.59: s. 1(2)
Current State:
All of Act in operation
Stamps Act 1959, No. 6552/1959
Assent Date:
20.10.59
Commencement Date:
26.10.59: Government Gazette 21.10.59 p. 3091
Current State:
All of Act in operation
Stamps (Amendment) Act 1960, No. 6611/1960
Assent Date:
3.5.60
Commencement Date:
3.5.60
Current State:
All of Act in operation
Stamps (Amendment) Act 1961, No. 6739/1961
Assent Date:
11.4.61
Commencement Date:
24.4.61: Government Gazette 19.4.61 p. 1179
Current State:
All of Act in operation
Stamps (Further Amendment) Act 1961, No. 6791/1961 (as amended by
No. 6867)
Assent Date:
31.10.61
Commencement Date:
5.3.62: Government Gazette 25.2.62 p. 570
Current State:
All of Act in operation
Companies Act 1961, No. 6839/1961
Assent Date:
19.12.62
Commencement Date:
1.7.62: Government Gazette 21.2.62 p. 392
Current State:
All of Act in operation
AB-26/5/98
390
Notes
Stamps Act 1958
Act No. 6375/1958
Notes
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date:
8.5.62
Commencement Date:
1.8.62: Government Gazette 4.7.62 p. 2314
Current State:
All of Act in operation
Stamps (Amendment) Act 1962, No. 6910/1962
Assent Date:
7.11.62
Commencement Date:
7.11.62
Current State:
All of Act in operation
Stamps (Amendment) Act 1963, No. 7047/1963
Assent Date:
19.11.63
Commencement Date:
19.11.63
Current State:
All of Act in operation
Stamps (Exemptions) Act 1964, No. 7120/1964
Assent Date:
28.4.64
Commencement Date:
28.4.64
Current State:
All of Act in operation
Statute Law Revision Act 1964, No. 7142/1964
Assent Date:
5.5.64
Commencement Date:
5.5.64: subject to s. 3
Current State:
All of Act in operation
Stamps (Motor Car) Act 1964, No. 7193/1964
Assent Date:
9.12.64
Commencement Date:
14.12.64: Government Gazette 9.12.64 p. 3661
Current State:
All of Act in operation
Stamps Act 1964, No. 7204/1964
Assent Date:
15.12.64
Commencement Date:
Ss 1, 2, 4–8 on 4.1.65; s. 3 on 1.2.65: Government
Gazette 16.12.64 p. 3723
Current State:
All of Act in operation
Stamps Act 1965, No. 7268/1965
Assent Date:
25.5.65
Commencement Date:
25.5.65
Current State:
All of Act in operation
Valuation of Land (Appeals) Act 1965, No. 7276/1965
Assent Date:
1.6.65
Commencement Date:
1.12.65: Government Gazette 6.10.65 p. 3103
Current State:
All of Act in operation
Roads (Special Projects) Act 1965, No. 7283/1965
Assent Date:
1.6.65
Commencement Date:
1.7.65: Government Gazette 9.6.65 p.1867
Current State:
All of Act in operation
Decimal Currency Act 1965, No. 7315/1965
AB-26/5/98
391
Stamps Act 1958
Act No. 6375/1958
Assent Date:
Commencement Date:
Current State:
30.11.65
30.11.65: "Appointed day" 14.2.66
All of Act in operation
Stamps (Amendment) Act 1965, No. 7317/1965
Assent Date:
7.12.65
Commencement Date:
7.12.65
Current State:
All of Act in operation
Statute Law Revision Act 1965, No. 7332/1965
Assent Date:
14.12.65
Commencement Date:
15.3.65: subject to s. 3
Current State:
All of Act in operation
Stamps (Bills of Exchange) Act 1965, No. 7359/1965
Assent Date:
21.12.65
Commencement Date:
14.2.66: Government Gazette 12.1.66 p. 181
Current State:
All of Act in operation
Marketable Securities Act 1966, No. 7416/1966
Assent Date:
17.5.66
Commencement Date:
1.7.67: Government Gazette 31.5.67 p. 1894
Current State:
All of Act in operation
Stamps (Mortgages) Act 1966, No. 7430/1966
Assent Date:
24.5.66
Commencement Date:
24.5.66
Current State:
All of Act in operation
Stamps Act 1966, No. 7500/1966
Assent Date:
20.12.66
Commencement Date:
1.2.67: Government Gazette 21.12.66 p. 4258
Current State:
All of Act in operation
Motor Car (Trailers) Act 1966, No. 7506/1966
Assent Date:
20.12.66
Commencement Date:
22.5.67: Government Gazette 3.5.67 p. 1557
Current State:
All of Act in operation
Stamps (Amendment) Act 1967, No. 7543/1967
Assent Date:
17.3.67
Commencement Date:
1.2.67: s. 1(3)
Current State:
All of Act in operation
Stamps Act 1967, No. 7585/1967 (as amended by No. 7636)
Assent Date:
21.11.67
Commencement Date:
Ss 1, 4–10 on 1.12.67: Government Gazette 1.12.67
p. 3657; ss 2, 3 on 1.2.68: Government Gazette
13.12.67 p. 3731
Current State:
All of Act in operation
Swine Compensation Act 1967, No. 7614/1967
AB-26/5/98
392
Notes
Stamps Act 1958
Act No. 6375/1958
Notes
Assent Date:
Commencement Date:
Current State:
12.12.67
Pt 5 on 12.12.67: s. 1(2); rest of Act on 2.12.68:
Government Gazette 13.11.68 p. 3715
All of Act in operation
Cattle Compensation Act 1967, No. 7615/1967
Assent Date:
12.12.67
Commencement Date:
Pt 5 on 12.12.67: s. 1(2); rest of Act on 2.12.68:
Government Gazette 13.11.68 p. 3715
Current State:
All of Act in operation
Stamps (Exemptions) Act 1967, No. 7636/1967
Assent Date:
19.12.67
Commencement Date:
19.12.67
Current State:
All of Act in operation
West Moorabool Water Board Act 1968, No. 7698/1968
Assent Date:
7.5.68
Commencement Date:
20.6.68: Government Gazette 19.6.68 p. 2138
Current State:
All of Act in operation
Valuation of Land (Amendment) Act 1968, No. 7762/1968
Assent Date:
18.12.68
Commencement Date:
All of Act (except ss 2, 3) on 3.2.69: Government
Gazette 30.1.69 p. 236; ss 2, 3 on 1.7.69: Government
Gazette 27.6.69 p. 1919
Current State:
All of Act in operation
Motor Car (Further Amendment) Act 1968, No. 7777/1968
Assent Date:
18.12.68
Commencement Date:
Ss 1, 2, 4, 5, 9–12 on 30.1.69: Government Gazette
30.1.69 p. 236; ss 7, 13 on 1.3.69: Government Gazette
5.2.69 p. 239; ss 3, 6 on 1.4.69: Government Gazette
19.3.69 p. 763; s. 8 on 1.5.69: Government Gazette
19.3.69 p. 764
Current State:
All of Act in operation
Stamps (Amendment) Act 1969, No. 7830/1969
Assent Date:
13.5.69
Commencement Date:
S. 3(a)(d) on 1.2.69: s. 1(3); rest of Act on 1.6.69:
Government Gazette 14.5.69 p. 1309
Current State:
All of Act in operation
Justices (Amendment) Act 1969, No. 7876/1969
Assent Date:
25.11.69
Commencement Date:
All of Act (except ss 3, 5, 6, 7(k)(m)–(o)) on 1.4.70;
ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70: Government Gazette
25.2.70 p. 463
Current State:
All of Act in operation
Stamps (Mortgages) Act 1969, No. 7891/1969
AB-26/5/98
393
Stamps Act 1958
Act No. 6375/1958
Assent Date:
Commencement Date:
Current State:
2.12.69
1.1.70: Government Gazette 19.12.69 p. 4136
All of Act in operation
Stamps (Salary or Wages) Act 1970, No. 7952/1970
Assent Date:
7.4.70
Commencement Date:
1.7.70: Government Gazette 24.6.70 p. 2155
Current State:
All of Act in operation
Stamps Act 1970, No. 8006/1970
Assent Date:
24.11.70
Commencement Date:
1.1.71: Government Gazette 16.12.70 p. 3871
Current State:
All of Act in operation
Stamps (Receipt Duty Abolition) Act 1970, No. 8020/1970
Assent Date:
1.12.70
Commencement Date:
All of Act (except s. 3) on 1.12.70; s. 3 on 1.7.78:
Government Gazette 21.6.78 p. 1776
Current State:
All of Act in operation
Stamps (Credit Business) Act 1971, No. 8129/1971
Assent Date:
4.5.71
Commencement Date:
1.7.71: Government Gazette 23.6.71 p. 2138
Current State:
All of Act in operation
Stamps Act 1971, No. 8157/1971
Assent Date:
19.10.71
Commencement Date:
1.1.72: Government Gazette 1.12.71 p. 3736
Current State:
All of Act in operation
Gift Duty Act 1971, No. 8176/1971
Assent Date:
23.11.71
Commencement Date:
1.1.72: Government Gazette 8.12.71 p. 3784
Current State:
All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date:
23.11.71
Commencement Date:
23.11.71: s. 2(2)
Current State:
All of Act in operation
Stamps (Gifts and Settlements) Act 1971, No. 8203/1971
Assent Date:
7.12.71
Commencement Date:
1.1.72: Government Gazette 8.12.71 p. 3784
Current State:
All of Act in operation
Stamps (Bookmakers' Statements) Act 1972, No. 8270/1972
Assent Date:
9.5.72
Commencement Date:
5.6.72: Government Gazette 24.5.72 p. 1676
Current State:
All of Act in operation
Taxation Appeals Act 1972, No. 8274/1972
AB-26/5/98
394
Notes
Stamps Act 1958
Act No. 6375/1958
Notes
Assent Date:
Commencement Date:
Current State:
13.5.72
Ss 1, 2, Pt 1 (ss 3–15) on 1.1.77: Government Gazette
22.12.76 p. 3739; Pts 2, 3 (ss 16–28) on 1.9.78:
Government Gazette 9.8.78 p. 2593
All of Act in operation
Motor Car Traders Act 1973, No. 8408/1973
Assent Date:
17.4.73
Commencement Date:
Ss 1, 2, 7–13, 62 on 22.8.73: Government Gazette
15.8.73 p. 2942; rest of Act on 1.12.74: Government
Gazette 20.11.74 p. 4032
Current State:
All of Act in operation
Cattle Compensation Act 1973, No. 8411/1973
Assent Date:
17.4.73
Commencement Date:
17.4.73
Current State:
All of Act in operation
Magistrates' Courts Jurisdiction Act 1973, No. 8427/1973
Assent Date:
17.4.73
Commencement Date:
Ss 3, 6, 8(b), 10(1) (except (k)), 11 on 3.2.75:
Government Gazette 22.1.75 p. 122; rest of Act on
1.9.75: Government Gazette 30.7.75 p. 2705
Current State:
All of Act in operation
Stamps Act 1973, No. 8465/1973
Assent Date:
7.11.73
Commencement Date:
1.12.73: Government Gazette 14.11.73 p. 3755
Current State:
All of Act in operation
Stamps (Bills of Exchange) Act 1974, No. 8551/1974 (as amended by No. 8595)
Assent Date:
7.5.74
Commencement Date:
1.12.74: Government Gazette 27.11.74 p. 4099
Current State:
All of Act in operation
Stamps (Credit and Rental Business) Act 1974, No. 8624/1974
Assent Date:
10.12.74
Commencement Date:
5.6.74: s. 1(3)
Current State:
All of Act in operation
Stamps Act 1975, No. 8747/1975
Assent Date:
5.11.75
Commencement Date:
1.12.75: Government Gazette 26.11.75 p. 3889
Current State:
All of Act in operation
Racing (Amendment) Act 1976, No. 8885/1976
Assent Date:
19.10.76
Commencement Date:
19.10.76
Current State:
All of Act in operation
Motor Car (Amendment) Act 1977, No. 9015/1977
AB-26/5/98
395
Stamps Act 1958
Act No. 6375/1958
Assent Date:
Commencement Date:
Current State:
17.5.77
S. 25(3) on 26.10.77: Government Gazette 26.10.77
p. 3284
This information relates only to the provision/s
amending the Stamps Act 1958
Statute Law Revision Act 1977, No. 9019/1977
Assent Date:
17.5.77
Commencement Date:
17.5.77: subject to s. 2(2)
Current State:
All of Act in operation
Statute Law Revision Act 1977, No. 9059/1977
Assent Date:
29.11.77
Commencement Date:
29.11.77: subject to s. 2(2)
Current State:
All of Act in operation
Stamps (Amendment) Act 1977, No. 9065/1977
Assent Date:
29.11.77
Commencement Date:
S. 4 on 1.1.76: s. 1(3); rest of Act on 29.11.77:s. 1(3)
Current State:
All of Act in operation
Stamps (Amendment) Act 1978, No. 9120/1978 (as amended by No. 9991)
Assent Date:
16.5.78
Commencement Date:
All of Act (except s. 2(b)) on 1.7.78: Government
Gazette 14.6.78 p. 1644; s. 2(b) repealed by No. 9991
s. 30(1).
Current State:
All of Act in operation
Stamps (Amendment) Act 1978, No. 9208/1978
Assent Date:
12.12.78
Commencement Date:
1.1.79: s. 1(3)
Current State:
All of Act in operation
Cattle Compensation Act 1979, No. 9253/1979
Assent Date:
12.6.79
Commencement Date:
12.6.79
Current State:
All of Act in operation
Stamps (Amendment) Act 1979, No. 9317/1979
Assent Date:
18.12.79
Commencement Date:
All of Act (except s. 2) on 19.12.79; s. 2 on 1.1.80:
Government Gazette 19.12.79 p. 3955
Current State:
All of Act in operation
Motor Car (Fees) Act 1979, No. 9318/1979
Assent Date:
18.12.79
Commencement Date:
S. 3(d) on 1.11.78: s. 1(4); rest of Act on 1.1.80: s. 1(3)
Current State:
All of Act in operation
Motor Registration Act 1980, No. 9403/1980
AB-26/5/98
396
Notes
Stamps Act 1958
Act No. 6375/1958
Assent Date:
Commencement Date:
Current State:
20.5.80
Ss 1, 4, 6, 7 on 9.7.80: Government Gazette 9.7.80
p. 2357; rest of Act on 29.4.81: Government Gazette
29.4.81 p. 1367
All of Act in operation
Stamps (Amendment) Act 1980, No. 9413/1980
Assent Date:
20.5.80
Commencement Date:
21.5.80: Government Gazette 21.5.80 p. 1532
Current State:
All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980
Assent Date:
27.5.80
Commencement Date:
27.5.80: s. 6(2)
Current State:
All of Act in operation
Stamps (Amendment No. 2) Act 1980, No. 9445/1980
Assent Date:
2.12.80
Commencement Date:
1.1.81: Government Gazette 23.12.80 p. 4379
Current State:
All of Act in operation
Stamps (Amendment No. 3) Act 1980, No. 9502/1980
Assent Date:
23.12.80
Commencement Date:
1.1.81: Government Gazette 23.12.80 p. 4379
Current State:
All of Act in operation
Stamps (Miscellaneous Amendments) Act 1981, No. 9541/1981
Assent Date:
12.5.81
Commencement Date:
3.6.81: Government Gazette 3.6.81 p. 1780
Current State:
All of Act in operation
Statute Law Revision Act 1981, No. 9549/1981
Assent Date:
19.5.81
Commencement Date:
19.5.81: subject to s. 2(2)
Current State:
All of Act in operation
Crimes (Classification of Offences) Act 1981, No. 9576/1981
Assent Date:
26.5.81
Commencement Date:
1.9.81: Government Gazette 26.8.81 p. 2799
Current State:
All of Act in operation
Stamps (Transfer Duty Refund) Act 1981, No. 9612/1981
Assent Date:
1.12.81
Commencement Date:
1.12.81
Current State:
All of Act in operation
Stamps (Further Amendment) Act 1981, No. 9662/1981
Assent Date:
22.12.81
Commencement Date:
S. 22 on 26.11.81: s. 22(2); rest of Act (except s. 4) on
1.1.82: s. 1(3); s. 4 on 1.2.82: s. 4(3)
Current State:
All of Act in operation
Companies (Administration) Act 1981, No. 9698/1981
AB-26/5/98
397
Stamps Act 1958
Act No. 6375/1958
Assent Date:
Commencement Date:
Current State:
5.1.82
Ss 1, 2, 15 on 5.1.82: s. 2; rest of Act on 1.7.82:
Government Gazette 30.6.82 p. 2108
All of Act in operation
Companies (Consequential Amendments) Act 1981, No. 9699/1981 (as amended by
No. 9902)
Assent Date:
5.1.82
Commencement Date:
Ss 9, 14, 18 on 1.7.81: s. 2(2); s. 19 on 1.10.81: s. 2(3);
s. 22 on 5.1.82: s. 2(4); rest of Act on 1.7.82: s. 2(1)
Current State:
All of Act in operation
Stamps (Matrimonial Settlements) Act 1982, No. 9725/1982
Assent Date:
22.6.82
Commencement Date:
1.1.82: s. 1(3)
Current State:
All of Act in operation
Stamps (First Purchases of Land) Act 1982, No. 9726/1982
Assent Date:
22.6.82
Commencement Date:
3.4.82: s. 1(3)
Current State:
All of Act in operation
Companies (Consequential Amendments) Act 1982, No. 9761/1982
Assent Date:
13.7.82
Commencement Date:
S. 2 on 30.3.82: s. 2(2); rest of Act of 1.7.82: s. 1(2)
Current State:
All of Act in operation
Evidence (Commissions) Act 1982, No. 9766/1982
Assent Date:
13.7.82
Commencement Date:
13.7.82
Current State:
All of Act in operation
Motor Car (Registration and Drivers' Licences) Act 1982, No. 9810/1982
Assent Date:
14.12.82
Commencement Date:
S. 21 on 1.2.83: Government Gazette 26.1.83 p. 177
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958.
Financial Institutions Duty Act 1982, No. 9850/1982
Assent Date:
21.12.82
Commencement Date:
All of Act (except ss 96, 97, 101–103) on 1.12.82:
s. 1(2); ss 96, 97 on 1.1.83: s. 1(3); s. 101 on 1.2.83:
s. 1(4); s. 102 on 1.7.83: s. 1(5); s. 103 on 1.8.83:
s. 1(6).
Current State:
All of Act in operation
Water and Sewerage Authorities (Restructuring) Act 1983, No. 9895/1983
AB-26/5/98
398
Notes
Stamps Act 1958
Act No. 6375/1958
Notes
Assent Date:
Commencement Date:
Current State:
7.6.83
7.6.83
All of Act in operation
Stamps (Amendment) Act 1983, No. 9911/1983
Assent Date:
21.6.83
Commencement Date:
S. 6 on 3.4.82: s. 1(4); ss 1–5, 7, 9, 10 on 1.7.83; s. 8
on 2.7.83: Government Gazette 22.6.83 p. 1709
Current State:
All of Act in operation
Transport Act 1983, No. 9921/1983
Assent Date:
23.6.83
Commencement Date:
S. 255(Sch. 12) on 1.7.83: s. 1(2)(c)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Stamps (Further Amendment) Act 1983, No. 9991/1983
Assent Date:
9.12.83
Commencement Date:
S. 10 on 1.10.83: s. 3(2); ss 17(except (3)), 18, 21, 26,
29 on 1.1.84: s. 3(3); rest of Act on 9.12.83: s. 3(1)
Current State:
All of Act in operation
State Bank (Amendment) Act 1983, No. 10005/1983
Assent Date:
13.12.83
Commencement Date:
S. 8 on 1.7.83: s. 2(a); rest of Act on 13.12.83: s. 2(b)
Current State:
All of Act in operation
Stamps Act 1984, No. 10067/1984
Assent Date:
15.5.84
Commencement Date:
All of Act (except ss 5(1), 6(1), 7) on 15.5.84: s. 3;
s. 5(1) on 1.1.84: s. 5(2), 6(1) on 1.10.83: s. 6(2), 7 on
1.6.84: Government Gazette 30.5.84 p. 1674
Current State:
All of Act in operation
Statute Law Revision Act 1984, No. 10087/1984
Assent Date:
22.5.84
Commencement Date:
22.5.84: subject to s. 3(2)
Current State:
All of Act in operation
State Insurance Office Act 1984, No. 10089/1984
Assent Date:
22.5.84
Commencement Date:
18.9.84: Government Gazette 18.9.84 p. 3219
Current State:
All of Act in operation
Stamps (Amendment) Act 1984, No. 10118/1984 (as amended by No. 65/1987)
AB-26/5/98
399
Stamps Act 1958
Act No. 6375/1958
Assent Date:
Commencement Date:
Current State:
7.11.84
S. 11(2)(3)(5) on 1.1.84: s. 11(6); s. 7 on 1.1.84:
s. 7(2); ss 1–3, 8–11(1)(4)(6), 14 on 7.11.84: s. 2; ss 6,
12 on 15.11.84; ss 4, 13 on 1.12.84: Government
Gazette 14.12.84 p. 4054; s. 5 on 1.12.84: s. 5(5)
All of Act in operation
Administrative Appeals Tribunal Act 1984, No. 10155/1984
Assent Date:
20.11.84
Commencement Date:
Ss 1–66 on 5.12.84: Government Gazette 5.12.84
p. 4264; s. 70 on 11.2.85; ss 67–69, 81 on 1.3.85:
Government Gazette 30.1.85 p. 191; ss 71–79 on
15.8.85: Government Gazette 14.8.85 p. 3184; s. 80 on
18.11.87: Government Gazette 18.11.87 p. 3138
Current State:
All of Act in operation
Accident Compensation Act 1985, No. 10191/1985
Assent Date:
30.7.85
Commencement Date:
S. 276(Sch. 2) on 1.1.85: s. 2(6)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Water Acts (Amendment) Act 1985, No. 10219/1985
Assent Date:
3.12.85
Commencement Date:
Ss 4, 5, 7 on 30.6.85: s. 2(a); rest of Act on 3.12.85:
s. 2(b)
Current State:
All of Act in operation
Stamps and Business Franchise (Tobacco) (Amendment) Act 1985,
No. 10256/1985 (as amended by No. 65/1987)
Assent Date:
10.12.85
Commencement Date:
S. 8 on 1.1.82: s. 8(3); s. 11 on 30.6.85: s. 2(3); ss 15
(except (3)(4)), 17, 18(3)(5) on 1.1.86: s. 2(4); rest of
Act (except s. 4(1)) on 10.12.85: s. 2(1); s. 4(1) on
1.4.86: Government Gazette 5.3.86 p. 510
Current State:
All of Act in operation
Lotteries Gaming and Betting (Amendment) Act 1986, No. 19/1986
Assent Date:
22.4.86
Commencement Date:
Ss 1–4, 10–17 on 14.5.86: Government Gazette
14.5.86 p. 1373; ss 5(1)–(5), 6 on 1.7.86: Government
Gazette 25.6.86 p. 2239; s. 8(1)(a)(2)(b) on 6.8.86:
Government Gazette 6.8.86 p. 3011; s. 7 on 15.9.86:
Government Gazette 10.9.86 p. 3405; s. 9 on 8.12.86:
Government Gazette 3.12.86 p. 4540; ss 5(6)(7),
8(1)(b)(2)(a)(c)(3) on 1.4.87: Government Gazette
25.3.87 p. 695
Current State:
All of Act in operation
Taxation Acts (Reciprocal Assistance) Act 1986, No. 23/1986
AB-26/5/98
400
Notes
Stamps Act 1958
Act No. 6375/1958
Notes
Assent Date:
Commencement Date:
Current State:
22.4.86
22.4.86
All of Act in operation
Mental Health Act 1986, No. 59/1986
Assent Date:
3.6.86
Commencement Date:
Ss 1–3, 21, 23, Sch. 1 on 19.6.87: Government Gazette
17.6.87 p. 1538; rest of Act on 1.10.87: Government
Gazette 30.9.87 p. 2585
Current State:
All of Act in operation
Taxation Acts (Amendment) Act 1986, No. 88/1986
Assent Date:
9.12.86
Commencement Date:
S. 10 on 15.7.85: s. 2(2); s. 31 on 1.1.86: s. 2(4); s. 24
on 18.9.86: s. 2(3); s. 5 on 1.1.87: s. 2(5); rest of Act
(except ss 11, 12, 30) on 9.12.86: s. 2(1); ss 11, 12 on
1.2.87: Government Gazette 28.1.87 p. 180; s. 30 on
29.2.88: Government Gazette 24.2.88 p. 363
Current State:
All of Act in operation
Motor Car Traders Act 1986, No. 104/1986
Assent Date:
16.12.86
Commencement Date:
S. 122(Sch.) on 1.8.87: Government Gazette 29.7.87
p. 1993
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
State Concessions Act 1986, No. 109/1986
Assent Date:
16.12.86
Commencement Date:
Ss 1–6, Sch. items 3, 7, 8, 11 on 30.3.87: Government
Gazette 25.3.87 p. 695; Sch. items 1, 2, 4–6, 9, 10, 12
on 1.12.87: Government Gazette 18.11.87 p. 3072
Current State:
All of Act in operation
Supreme Court Act 1986, No. 110/1986
Assent Date:
16.12.86
Commencement Date:
1.1.87: s. 2
Current State:
All of Act in operation
Racing (Miscellaneous Amendments) Act 1986, No. 125/1986
Assent Date:
23.12.86
Commencement Date:
Ss 1–5, 9–12, 14 on 31.1.87: Government Gazette
21.1.87 p. 126; ss 6, 13(a)–(u)(w)–(z) on 17.5.87:
Government Gazette 13.5.87 p. 1087; ss 7, 8 on 1.8.87:
Government Gazette 15.7.87 p. 1860; s. 13(v) on
4.11.87: Government Gazette 4.11.87 p. 2944
Current State:
All of Act in operation
Taxation (Reciprocal Powers) Act 1987, No. 37/1987
AB-26/5/98
401
Stamps Act 1958
Act No. 6375/1958
Assent Date:
Commencement Date:
Current State:
12.5.87
11.6.87: Special Gazette (No. 24) 11.6.87 p. 1
All of Act in operation
Racing (Further Amendment) Act 1987, No. 49/1987
Assent Date:
22.9.87
Commencement Date:
23.9.87: Government Gazette 23.9.87 p. 2520
Current State:
All of Act in operation
Taxation Acts Amendment Act 1987, No. 65/1987 (as amended by No. 65/1988)
Assent Date:
12.11.87
Commencement Date:
S. 20(2) on 1.12.82: s. 2(1); s. 16 on 1.1.83: s. 2(2);
s. 27(2) on 7.11.84: s. 2(3); s. 8 on 30.6.85: s. 2(4);
s. 27(4) on 10.12.85: s. 2(5); s. 27(3) on 1.1.86: s. 2(6);
s. 25 on 23.12.86: s. 2(7); ss 1–5, 9, 10, 12, 13, 14(1),
15, 18, 20(1), 22–24, 26, 27(1), Pt 4 on 12.11.89:
s. 2(8); Pt 3 on 1.11.89: s. 2(9); ss 6, 14(2), 17, 19, 21
on 15.11.87: s. 2(10); ss 7, 11 on 1.1.88: s. 2(11).
Current State:
All of Act in operation
Stamps (Secondary Mortgage Market) Act 1988, No. 17/1988
Assent Date:
11.5.88
Commencement Date:
S. 3 on 7.6.88: Special Gazette (No. 48) 7.6.88 p. 1
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Stamps (Amendment) Act 1988, No. 28/1988
Assent Date:
17.5.88
Commencement Date:
S. 6 on 18.9.86: s. 2(1); s. 7 on 15.12.87: s. 2(2); s. 8
on 1.3.88: s. 2(3); rest of Act on 17.5.88: s. 2(4)
Current State:
All of Act in operation
State Bank Act 1988, No. 29/1988
Assent Date:
17.5.88
Commencement Date:
9.6.88: Government Gazette 8.6.88 p. 1582
Current State:
All of Act in operation
Stamps (Further Amendment) Act 1988, No. 65/1988
Assent Date:
9.12.88
Commencement Date:
S. 24(2) on 1.11.87: s. 2(2); s. 21(3)–(5) on 1.7.87:
s. 2(1); ss 11(1), 21(2), 24(1) on 12.1.87: s. 2(3); ss 9,
20, 22 on 1.12.88: s. 2(4); ss 11(5), 12, 19 on 1.1.89:
s. 2(5); rest of Act (except ss 11(5), 12, 19) on 9.12.88:
s. 2(6)
Current State:
All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989
(as amended by No. 13/1990)
AB-26/5/98
402
Notes
Stamps Act 1958
Act No. 6375/1958
Assent Date:
Commencement Date:
Current State:
9.5.89
S. 4(1)(Sch. 2 item 111.1) on 1.11.89: Government
Gazette 1.11.89 p. 2798
This information relates only to the provision/s
amending the Stamps Act 1958
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date:
16.5.89
Commencement Date:
3.2.92: Government Gazette 18.12.91 p. 3488
Current State:
All of Act in operation
Transport (Amendment) Act 1989, No. 44/1989
Assent Date:
6.6.89
Commencement Date:
S. 41(Sch. 2 items 38.1–38.3) on 1.7.89: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1989
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette
30.8.89 p. 2210; rest of Act on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Stamps (Motor Vehicles) Act 1989, No. 67/1989
Assent Date:
8.11.89
Commencement Date:
8.11.89
Current State:
All of Act in operation
Water (Consequential Amendments) Act 1989, No. 81/1989
Assent Date:
5.12.89
Commencement Date:
1.11.90: Government Gazette 15.8.90 p. 2473
Current State:
All of Act in operation
Mineral Resources Development Act 1990, No. 92/1990
Assent Date:
18.12.89
Commencement Date:
S. 128(Sch. 1 item 26) on 6.11.91: Government
Gazette 30.10.91 p. 2970
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Land Tax (Revision) Act 1991, No. 74/1991
Assent Date:
26.11.91
Commencement Date:
Ss 1–3, 19 on 26.11.91: s. 2(1); ss 5, 8, 10, 21, 22(2)
on 1.1.93: s. 2(2); s. 22(3) on 1.1.94: s. 2(3); rest of Act
on 1.1.92: s. 2(4)
Current State:
All of Act in operation
Financial Institutions (Victoria) Act 1992, No. 48/1992
AB-26/5/98
403
Stamps Act 1958
Act No. 6375/1958
Assent Date:
Commencement Date:
Current State:
30.6.92
S. 119 on 22.7.92: Government Gazette 22.7.92
p. 1874
This information relates only to the provision/s
amending the Stamps Act 1958
State Taxation (Amendment) Act 1992, No. 76/1992 (as amended by No. 17/1993)
Assent Date:
24.11.92
Commencement Date:
Ss 34–39 on 15.8.92: s. 2(3); ss 29, 30(2)(3) on
24.11.92: s. 2(1); ss 31–33 on 1.12.92: s. 2(4); s. 30(1)
on 1.1.93: s. 2(5)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Stamps (Amendment) Act 1993, No. 17/1993
Assent Date:
18.5.93
Commencement Date:
S. 13(2) on 7.6.88: s. 2(3); s. 12 on 24.11.92: s. 2(2);
rest of Act on 18.5.93: s. 2(1)
Current State:
All of Act in operation
Accident Compensation (WorkCover Insurance) Act 1993, No. 50/1993
Assent Date:
1.6.93
Commencement Date:
S. 113 on 16.6.93: Special Gazette (No. 39) 16.6.93
p. 1
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Stamps (Further Amendment) Act 1993, No. 103/1993 (as amended by
No. 119/1994)
Assent Date:
23.11.93
Commencement Date:
S. 4 on 7.9.93: s. 2(2); rest of Act (except ss 5, 6, 10)
on 23.11.93: s. 2(1); s. 5 on 1.12.93: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
State Taxation (Further Amendment) Act 1993, No. 104/1993
Assent Date:
23.11.93
Commencement Date:
Ss 38–44 on 15.10.93: s. 2(5); s. 37 on 23.11.93:
s. 2(1)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Financial Management Act 1994, No. 18/1994
Assent Date:
10.5.94
Commencement Date:
Pt 1(ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act
on 1.7.94: s. 2(2)
Current State:
All of Act in operation
Gaming and Betting Act 1994, No. 37/1994
AB-26/5/98
404
Notes
Stamps Act 1958
Act No. 6375/1958
Notes
Assent Date:
Commencement Date:
Current State:
2.6.94
S. 234 on 1.7.94: Government Gazette 23.6.94 p. 1669
This information relates only to the provision/s
amending the Stamps Act 1958
Stamps (Securities Clearing House) Act 1994, No. 44/1994
Assent Date:
7.6.94
Commencement Date:
Ss 1–3 on 7.6.94: s. 2(1); ss 4–8 on 1.7.94: s. 2(2); s. 9
on 1.10.94: s. 2(3)
Current State:
All of Act in operation
Lotteries Gaming and Betting (Betting) Act 1994, No. 77/1994
Assent Date:
22.11.94
Commencement Date:
Ss 1, 2 on 22.11.94: s. 2(1); rest of Act on 1.12.94:
Government Gazette 1.12.94 p. 3147
Current State:
All of Act in operation
Estate Agents (Amendment) Act 1994, No. 86/1994
Assent Date:
6.12.94
Commencement Date:
S. 48 on 1.2.95: Government Gazette 8.12.94 p. 3218
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Valuation of Land (Amendment) Act 1994, No. 91/1994
Assent Date:
6.12.94
Commencement Date:
S. 30 on 23.1.95: Government Gazette 19.1.95 p. 121
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Livestock Disease Control Act 1994, No. 115/1994
Assent Date:
20.12.94
Commencement Date:
S. 141 on 20.12.95: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
State Taxation (Amendment) Act 1994, No. 119/1994
Assent Date:
20.12.94
Commencement Date:
Pt 5 (ss 19–32), s. 33(9) on 20.12.94: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Stamps (Amendment) Act 1995, No. 27/1995
Assent Date:
30.5.95
Commencement Date:
S. 6 on 1.7.94: s. 2(2); rest of Act (except s. 12) on
30.5.95: s. 2(1); s. 12 on 1.7.95: s. 2(3)
Current State:
All of Act in operation
Stamps (Further Amendment) Act 1995, No. 52/1995
AB-26/5/98
405
Stamps Act 1958
Act No. 6375/1958
Assent Date:
Commencement Date:
Current State:
14.6.95
14.6.95
All of Act in operation
Trade Measurement (Administration) Act 1995, No. 60/1995
Assent Date:
20.6.95
Commencement Date:
S. 28(5)(a)–(c) on 1.1.96: Government Gazette 7.12.95
p. 3381
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
State Taxation (Further Amendment) Act 1995, No. 101/1995
Assent Date:
5.12.95
Commencement Date:
S. 28 on 20.12.94: s. 2(2); rest of Act (except ss 44, 45)
on 5.12.95: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Trustee and Trustee Companies (Amendment) Act 1995, No. 104/1995
Assent Date:
5.12.95
Commencement Date:
1.1.96: s. 2
Current State:
All of Act in operation
State Taxation (Omnibus Amendment) Act 1996, No. 10/1996
Assent Date:
25.6.96
Commencement Date:
S. 20 on 1.1.94: s. 2(2); s. 23 on 1.7.96: s. 2(3); rest of
Act (except s. 26) on 25.6.96: s. 2(1); s. 26 on 1.9.96:
Special Gazette (No. 91) 13.8.96 p. 3;
Current State:
All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 item 77) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
State Taxation (Further Omnibus Amendment) Act 1996, No. 42/1996
Assent Date:
12.11.96
Commencement Date:
Ss 22(2), 24(2), 28(1) on 1.7.96: s. 2(2); s. 26(3) on
1.1.97: s. 2(3); rest of Act on 12.11.96: s. 2(1)
Current State:
All of Act in operation
Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996
Assent Date:
17.12.96
Commencement Date:
S. 92 on 19.12.96: Government Gazette 19.12.96
p. 3251
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Co-operatives Act 1996, No. 84/1996
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Notes
Assent Date:
Commencement Date:
Current State:
23.12.96
S. 467(Sch. 6 items 12.1–12.3) on 1.10.97: Special
Gazette (No. 122) 1.10.97 p. 1
This information relates only to the provision/s
amending the Stamps Act 1958
Livestock Disease Control (Amendment) Act 1997, No. 25/1997
Assent Date:
20.5.97
Commencement Date:
Ss 13, 14 on 1.7.97: Government Gazette 26.6.97
p. 1432
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
State Taxation Acts (Amendment) Act 1997, No. 31/1997
Assent Date:
27.5.97
Commencement Date:
Ss 13–20 on 27.5.97: s. 2(4)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Gas Industry (Amendment) Act 1997, No. 36/1997
Assent Date:
3.6.97
Commencement Date:
S. 20(4) on 1.7.97: Special Gazette (No. 58) 3.6.97
p. 2
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
Taxation Administration Act 1997, No. 40/1997
Assent Date:
3.6.97
Commencement Date:
S. 138(Sch. 2 item 13) on 1.7.97: Government Gazette
12.6.97 p. 1330
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
State Taxation Acts (Further Amendment) Act 1997, No. 49/1997
Assent Date:
11.6.97
Commencement Date:
S. 12 on 1.5.97: s. 2(2); ss 10, 11 on 11.6.97: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
State Taxation (Amendment) Act 1997, No. 86/1997
Assent Date:
2.12.97
Commencement Date:
S. 26 on 11.6.97: s. 2(4); s. 19 on 10.10.97: s. 2(6);
ss 15, 16, 18, 20–25 on 2.12.97: s. 2(1); s. 17 on
1.1.98: s. 2(7)
Current State:
This information relates only to the provision/s
amending the Stamps Act 1958
State Taxation (Amendment) Act 1998, No. 48/1998
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Assent Date:
Commencement Date:
Current State:
26.5.98
S. 13 on 21.4.98: s. 2(3); ss 11, 14 on 26.5.98: s. 2(1)
This information relates only to the provision/s
amending the Stamps Act 1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Metric Conversion (Stamps Act) Regulations 1973, S.R. No. 315/1973
Date of Making:
30.10.73
Date of Commencement:
1.11.73: reg. 1
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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Notes
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Notes
3. Explanatory Details
1
S. 32: Section 44 of the State Taxation (Further Amendment) Act 1993,
No. 104/1993 reads as follows:
44. Transitional
Sections 32, 111, 131AC, 137AF and 137AFA of
the Principal Act, as in force immediately before
the commencement of this section, continue to
apply in relation to a payment made before that
commencement if, before that commencement—
(a) proceedings for the recovery of the payment
had been begun; and
(b) a person had made an application in writing
for a refund of the payment and—
(i) the Comptroller had not informed the
applicant whether he or she had found
the amount to have been overpaid; or
(ii) the Comptroller had informed the
applicant that he or she had not found
the amount to have been overpaid and,
within the period of 12 months
preceding that commencement, the
applicant had disputed that finding in
writing to the Comptroller.
2
Pt 2 Div. 3 Subdivs (1)–(3):
Nos 5204 ss 41–50, 5540 s. 2.
Pt 2 Div. 3 Subdiv. (1) (Heading and ss 41–50) amended by Nos 7047 s. 2,
7585 s. 4, 7830 s. 2, 8551 s. 2(a)(b)(c)(i)(ii)(d)(i)–(iii)(e)(f)(g)(i)–(iii)(h),
9662 ss 4(2), 23(j)(k), repealed by No. 10256 s. 17(a).
Pt 2 Div. 3 Subdiv. (2) (Heading and ss 50–53L) amended by Nos 6791
s. 4, 7204 s. 3(a)–(e), 7315 s. 3, 7317 s. 2(1), 7585 s. 2(1)(b), 7830 s. 3
(a)–(d), 7952 s. 2(a)(b), repealed by No. 8020 s. 3(1)(b), new Pt 2 Div. 3
Subdiv. (2) (Heading and ss 51–54B) inserted by No. 9662 s. 5, amended
by No. 9850 ss 101(1)–(3), 103(1)(2), repealed by No. 10256 s. 17(a).
Pt. 2 Div. 3 Subdiv. (3) (Heading and ss 54, 55) repealed by No. 9662
s. 19(j).
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3
S. 60C(1)(b): Section 43 of the State Taxation (Further Amendment) Act
1995, No. 101/1995 reads as follows:
43. Transitional—trading on dealer's own account
The exemption from duty under section 60C(1)(b)
of the Principal Act as in force immediately before
the commencement of section 39 of this Act
applies in relation to sales and purchases included
in a return lodged on or after 1 January 1996 but
only if the period of 10 clear days applicable to the
exemption ended before that date.
4
S. 60C(1)(b): Section 4(3) of the Stamps (Further Amendment) Act 1995,
No. 52/1995 reads as follows:
4. Reduction of marketable security duty
(3) The Principal Act as amended by this Act applies
in respect of transfers of marketable securities and
rights in respect of shares made or executed on or
after 1 July 1995 and the Principal Act as in force
immediately before the commencement of this
section continues to apply in respect of transfers of
marketable securities and rights in respect of
shares made or executed before 1 July 1995.
5
S. 60G: Section 7(3) of the Stamps (Amendment) Act 1995, No. 27/1995
reads as follows:
7. Duty on transactions on branch and other registers
(3) Sections 60G and 60H of the Principal Act as in
force immediately before the commencement of
this section continue to apply to a transfer of
shares—
(a) executed before that commencement; or
(b) executed after that commencement but in
accordance with a contract entered into
before that commencement.
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6
S. 60H(1): See note 5.
7
S. 62F(1) def. of "related persons": Section 75(3) specified which persons
are related for the purposes of subdivision (7).
8
S. 67A: Section 25 of the State Taxation (Amendment) Act 1994,
No. 119/1994 reads as follows:
25. Transitional provision for new section 67A
The Principal Act as amended by section 24 does
not apply to a transfer—
(a) executed before the commencement of this
section; or
(b) executed on or after that commencement in
pursuance of an agreement entered into
before that commencement.
9
S. 71A(1)–(3A):
S. 71A(1) repealed by No. 27/1995 s. 9(b).
S. 71A(2) substituted by No. 9911 s. 6(1), repealed by No. 27/1995 s. 9(b).
S. 71A(3) substituted by No. 9991 s. 10(1), repealed by No. 27/1995
s. 9(b).
S. 71A(3A) inserted by No. 9991 s. 10(1), amended by No. 10067 s. 6(1),
repealed by No. 27/1995 s. 9(b).
10
S. 71A(8)–(9):
S. 71A(8) amended by No. 9911 s. 6(2), repealed by No. 27/1995 s. 9(b).
S. 71A(8A) inserted by No. 9991 s. 10(2)(e), repealed by No. 27/1995
s. 9(b).
S. 71A(8B) inserted by No. 10256 s. 10(2), repealed by No. 27/1995
s. 9(b).
S. 71A(9) repealed by No. 27/1995 s. 9(b).
11
S. 80: Section 4(2) of the Stamps (Amendment) Act 1993, No. 17/1993
reads as follows:
4. Refund of part of duty on certain leases
(2) Section 80 of the Principal Act, as amended by
this Act, applies in respect of a surrender,
forfeiture or other determination whether
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occurring before or after the commencement of
section 4 of the Stamps (Amendment) Act 1993.
12
Ss 100–103:
S. 100 amended by Nos 6450 s. 2(4)–(6) (as amended by No. 6489 s. 4),
6455 s. 2, 6505 s. 2, 6611 s. 2(1), 6839 s. 4, 8157 s. 6(2), 8465 s. 6(2),
repealed by No. 9208 s. 3(b).
S. 101 repealed by No. 6552 s. 2(4).
S. 102 repealed by No. 9208 s. 3(b).
S. 103 amended by No. 9065 s. 5, repealed by No. 9208 s. 3(b).
13
Ss 106–109:
S. 106 amended by No. 8274 s. 21, repealed by No. 9208 s. 3(b).
S. 107 amended by No. 6450 s. 2(9) (as amended by No. 6489 s. 4),
repealed by No. 9208 s. 3(b).
S. 108 repealed by No. 9208 s. 3(b).
S. 109 amended by Nos 6450 s. 2(10) (as amended by No. 6489 s. 4), 6552
s. 2(5)(a), repealed by No. 9208 s. 3(b).
14
15
S. 111: See note 1.
S. 120(1)(a)(ii)–(iv):
S. 120(1)(a)(ii) repealed by No. 65/1988 s. 9(a).
S. 120(1)(a)(iii) substituted by No. 8791 s. 19(a)(ii), repealed by
No. 65/1988 s. 9(a).
S. 120(1)(a)(iv) substituted by Nos 8791 s. 19(a)(ii), 10118 s. 9(3)(i),
repealed by No. 65/1988 s. 9(a).
16
S. 131AC: See note 1.
17
S. 131AC(4)(aa): Section 26(6) of the State Taxation (Further Omnibus
Amendment) Act 1996, No. 42/1996 reads as follows:
26. Rental business duty
(6) Section 131AC(4)(aa) of the Principal Act, as
substituted by sub-section (5), applies in respect of
the period commencing on, and including,
1 November 1996 and section 131AC(4)(aa) as in
force immediately before the commencement of
sub-section (5) applies in respect of the period
before that day.
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18
19
20
S. 137AF: See note 1.
S. 137AFA: See note 1.
Ss 137AFA(1)(c)–(2):
S. 137AFA(1)(c) inserted by No. 76/1992 s. 39(1)(b), repealed by
No. 104/1993 s. 41(1)(f).
S. 137AFA(1)(d) inserted by No. 76/1992 s. 39(1)(b), repealed by
No. 104/1993 s. 41(1)(f).
S. 137AFA(2) inserted by No. 76/1992 s. 39(2), repealed by No. 104/1993
s. 41(1)(g).
21
S. 137DA: Section 10 of the Stamps (Further Amendment) Act 1993,
No. 103/1993 reads as follows:
10. Transitional provision for sections 137DA and
137DAA
Sections 137DA and 137DAA of the Principal Act
as amended or inserted by this Act apply to—
(a) instruments first executed after the
commencement of this section; and
(b) to advances made after that commencement
under, or secured by, instruments first
executed whether before or after that
commencement.
22
S. 137F(2A): Section 27(2) of the State Taxation (Further Omnibus
Amendment) Act 1996, No. 42/1996 reads as follows:
27. Exemption for credit contracts
(2) Section 137F(2A) of the Principal Act, as
substituted by sub-section (1), applies in respect of
all securities given on or after 1 November 1996
and section 137F(2A) as in force immediately
before the commencement of sub-section (1)
applies in respect of securities given before that
day.
23
S. 137M: Section 33 of the State Taxation (Amendment) Act 1992,
No. 76/1992 reads:
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33. Transitional provisions relating to debentures
(1) Section 137M of the Principal Act as amended by
this Act applies in relation to a borrowing
corporation whether the undertaking under subsection (1) of that section was given before or
after the commencement of this section.
(2) Section 137MBA of the Principal Act as inserted
by this Act applies in relation to debentures issued
on or after the commencement of this section.
24
25
S. 137MBA: See note 1.
Sch. 3 Headings 1–3:
Sch. 3 (Heading 1 expressions and exemptions) amended by Nos 6739
s. 7(a), 6910 s. 7(1)(a)(i)(ii), 7047 s. 5(a)(i)(ii), 7120 s. 2(a)(i)(ii), 7204
s. 2(1), 7359 s. 2, 7698 s. 69(a), 7830 s. 11(a)–(c), 8157 s. 2(1), 8465
s. 2(1), 8551 s. 3 (as amended by No. 8595 s. 2), 8747 s. 2(1), 9120 s. 2(a),
9317 s. 2(1), 9662 ss 3(1), 4(1), 9850 ss 96(1)(a)–(c), 102(1)(a)–(c), 9895
s. 2(1), 9911 s. 8(a)(b), 10219 s. 11(11) (b)(i), repealed by No. 10256
s. 17(b).
Sch. 3 (Heading 2 expressions and exemptions) amended by Nos 6450 s. 3
(as amended by No. 6489 s. 4), 6910 s. 7(b), 7047 s. 5(b)(i)(ii), 7120
s. 2(b)(ii), 7204 s. 3(f)(g)(i)–(iv), 7268 s. 3, 7315(Sch. 1), 7317 s. 2(2),
substituted by No. 7585 s. 3, amended by Nos 7698 s. 69(b), 7830
s. 3(e)(i)(ii), 7952 s. 2(c)(i)(ii), 8020 s. 2, repealed by No. 8020 s. 3(1)(c).
Sch. 3 (Heading 3 and expressions) repealed by No. 9662 s. 21(a).
26
27
28
Sch. 3 Heading 4(A) cl. 1(e): See note 3.
Sch. 3 Heading 4(A) cl. 1A: See note 3.
Sch. 3 Heading 4(A) cl. 2: See note 3.
29
Sch. 3 (Heading 6(B)) (Table): Section 13(2) of the State Taxation
(Amendment) Act 1998, No. xx/1998 reads as follows:
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13. Alteration of thresholds for marginal rates of
conveyance duty
The Table under Heading VI in the Third
Schedule to the Stamps Act 1958, as in force
immediately before the commencement of this
section, continues to apply to a transfer or other
instrument executed or made on or after that
commencement as a result of an agreement
entered into before that commencement.
30
Sch. 3 Headings 12–14:
No. 5741 s. 15(m).
Sch. 3 (Heading 12 and expressions) substituted by No. 6791, s. 21(1)(c),
amended by No. 7047 s. 5(g)(i)(ii), S.R. No. 315/1973 reg. 3(a), Act Nos
8885 s. 5, 9991 s. 12(d)(e), 10256 s. 12(f)(i), 88/1986 s. 16, 65/1987
s. 27(1)(c)(i)–(vi), repealed by No. 65/1988 s. 9(d)(i).
No. 5741 s. 15(m).
Sch. 3 (Heading 13 and exemption) repealed by No. 65/1988 s. 9(d)(i).
Sch. 3 (Heading 14 and expressions) substituted by No. 7047 s. 5(h),
amended by No. 7315 s. 3 (Sch. 1 Pt B), S.R. No. 315/1973 reg. 3(b),
repealed by No. 65/1988 s. 9(d)(i).
31
Sch. 3 Heading 15: Section 32(2) of the State Taxation (Amendment) Act
1994, No. 119/1994 reads as follows:
32. Bookmakers' statements
(2) Heading XV of the Third Schedule to the
Principal Act, as amended by sub-section (1),
applies in respect of bets made by a bookmaker on
or after 3 October 1994.
32
Sch. 3 Headings 23, 24:
Sch. 3 (Heading 23 and expressions) inserted by No. 7204 s. 8(3), amended
by Nos 7268 s. 5(1)(b)(i)–(iii), 7317 ss 7(2), 8(d), 7500 s. 3(e), 7698
s. 69(j), 7891 s. 2, 8465 s. 12, 9120 s. 2(c)(i)(ii), 9208 s. 3(n), 9427
s. 6(1)(Sch. 5 item 175(b)), 9541 s. 7, 9662 s. 21(e)(i)–(viii), 9895
s. 2(1)(Sch. 1 item 11(d)), 10118 ss 5(3), 6(2), 10219 s. 11(11)(b)(viii),
10256 ss 17(c), 18(5)(6)(g), repealed by No. 65/1987 s. 21(1)(d).
Sch. 3 (Heading 24 expressions and exemptions) inserted by No. 7204
s. 8(3), amended by Nos 7268 s. 6, 7317 s. 7(3), 7698 s. 69(k), 8465 s. 13,
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9208 s. 3(n), 9427 s. 6(1) (Sch. 5 item 175(b)), 9662 s. 21(f), 9895
s. 2(1)(Sch. 1 item 11(h)), 10118 s. 5(4), 10219 s. 11(11)(b)(ix), 10256
ss 15(4), 18(6)(h), 88/1986 ss 24(3), 33, 65/1987 s. 21(1)(e), 29/1988
s. 56(3)(e), 65/1988 s. 20(2)(g), 81/1989 s. 3 (Sch. item 48.7), 92/1990
s. 128(Sch. 1 item 26.2), repealed by No. 49/1997 s. 12.
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