New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 2 July 2008
- Act 47 of 1920
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
1A. Application of this Act after commencement of Duties Act 1997 on 1 July 1998
2. Repeal of Acts, savings etc
3. Definitions
3AA. Taxation Administration Act 1996
3A. Calculation of time
4. Charge of duties
4A. Minimum amount of duty
5. (Repealed)
5A. Construing duties in old currency
6. Duties to be denoted etc in accordance with Act and regulations
6A. (Repealed)
7. Schedules part of Act
7A. Extent of exemptions in Act
PART 2 - ADMINISTRATION
Division 1 - General
8-10. (Repealed)
11. Stamps to be provided
12. Licences to deal in stamps
12A. Use of adhesive stamps
13, 14. (Repealed)
15. Refunds--failed instruments and spoiled or unused duty stamps
Division 2 - Hardship Review Board
15A. Waiver, deferral and writing off of duty in hardship cases
15B-15F. (Repealed)
PART 3 - DUTIES ON INSTRUMENTS
Division 1 - General provisions
16. How instruments are to be written and stamped
17. Instruments to be separately charged with duty in certain cases
18. As to the use of appropriated stamps
19. (Repealed)
20. Chief Commissioner may call for and refuse to proceed without evidence
21. Penalty for not fully setting forth facts
22. Cancellation of adhesive stamps
23. Fine in relation to adhesive stamps or to any duty
24. Penalty for registering instrument not duly stamped
25. Terms on which instruments may be stamped after execution
26. Execution of instruments
27. Terms on which unstamped or insufficiently stamped instruments may be received in evidence
28. Secondary evidence of unstamped and other instruments
29. Inadmissibility of unstamped and other instruments
30. Rule as to instruments executed out of New South Wales
31. Contingent stamp duties
32. (Repealed)
33. Marketable securities to be valued
34. Effect of statement of value
35. Action by Chief Commissioner after assessing document
35A. Stamping taken to constitute an assessment
35B-36. (Repealed)
37. Deficient duty may be recovered
38. Stamp duty a debt to the Crown
38A. (Repealed)
38B. Instruments executed by Public Trustee
38C. Payment of duty by return in certain cases
38D. The Taxline system
38E. Assessment and stamping of instruments under the Taxline system
38F. Fines relating to adhesive labels
39. Variation instruments
Division 2 - Agreements
40. Duty on certain agreements under hand may be denoted by adhesive stamp
40A. Options
40B. Put and call options to buy property
40C. Put and call options not proceeded with
Division 3 - Agreements for sale or conveyance
41. Agreements for sale or conveyance to be chargeable as conveyance etc
41A. Effect of reduction in purchase price
42. Instruments effecting conveyance or sale--special provisions
43. Conveyances of, or agreements for, goods, wares or merchandise generally
43A. Goods, wares or merchandise included in or connected with a conveyance or agreement for the sale or conveyance of other property
43B. Certain goods, wares or merchandise exempt from section 43A
Division 3A - Transactions otherwise than by dutiable instruments
44. Transactions to which this Division applies
44A. Payment of duty on statements in absence of dutiable instruments
44B. Splitting of transactions
44C. Effect of execution of dutiable instruments
44D. Aiding and abetting
44E. (Repealed)
44F. Ascertainment of value of property
Division 3B - First home purchase scheme
45. Administration of the scheme
Division 3C - Rental-purchase schemes
45AA. Rental-purchase schemes
Division 3D - Flood-prone housing scheme
45AB. Administration of the scheme
Division 3E - The Public Equity Partnership Arrangement and the Rent/Buy Scheme
45AC. Definitions
45AD. Liability to duty in respect of housing schemes to which this Division applies
Divisions 4-9 - (Repealed)
None
Division 10 - Conveyances
65. Definition of conveyance and convey
66. Duty on conveyances
66A. Agreements and conveyances on sale--concession for purchases of private dwelling houses
66B. Conveyance to or from joint tenants
66C. Conveyance subject to an option
66D. Transfer or conveyance of certain land by way of mortgage
66E. Conveyance between married couples
66F. Exemption for assignment of rent to vendor of land
66G. Conveyance back to bankrupt by trustee
66H. Intergenerational rural transfers
67. (Repealed)
68. Ascertainment of the value of property conveyed
69. How ad valorem duty to be calculated in respect of marketable securities
70. How conveyance in consideration of a debt or subject to future payment, to be charged
71. As to the sale of an annuity or right not before in existence
72. Where several instruments, one only to be charged with ad valorem duty
73. Certain conveyances not chargeable with ad valorem duty
73AA. Exemption from or reduction in duty for certain conveyances
Division 11 - Conveyances by possessory application
73A. Valuation of land in possessory application
73B. Waiver of certain duties
Division 11A - Copies of instruments
73C. Definitions
73D. Certain copies of instruments to be dutiable
Division 12 - Deeds of assignment
74. Duty on certain deeds of assignment
Division 13 - Discount arrangements
74A. Definitions
74B, 74C. (Repealed)
74CAA. Charging of duty on and application of Division to instruments etc made on or after 1.1.1983
Division 14 - Divorce--family law instruments
74CA. Definitions
74CB. Certain instruments exempt from duty
74CC. Special provisions as to motor vehicles
74CD. Refunds
Division 15 - Hiring arrangements
74D. Definitions
74E. Instrument to be made out
74F. Payment of duty on hiring arrangements by return
74G. Total amount not readily ascertainable
74H. Exemption from duty
74I. Hire purchase agreements dutiable only under this Division
Division 16 - Duplicates or counterparts
75. As to duplicates or counterparts
Division 17 - Instalment purchase arrangements
75A. Interpretation and duty on instalment purchase arrangements
75B-75E. (Repealed)
75F. Charging of duty on and application of Division to instruments etc made on or after 1.1.1983
Division 18 - Leases
76. Definition of lease
77. Leases, how to be charged in respect of produce etc
78. Duty not to be charged on penal rents
78A. Leases, term to be assessed
78B. Refund of part of duty on early determination of certain leases
78C. Duty to be paid on certain variations of lease
78D. Duty payable in respect of rental variations
78E. Lease of real property--maximum duty payable
78F. Exemption from duty--residential leases
78FA. Exemption from duty--leases of accommodation for aged and disabled persons
78G. (Repealed)
79. Leases, how to be charged in respect of royalty
80. (Repealed)
Division 19 - Superannuation
81. Definitions
81A. Duty on certain instruments relating to superannuation
82. Duty on certain conveyances of property between certain superannuation funds
82AA. Duty on certain conveyances of property to trustees or custodians of superannuation funds or trusts
82AB. Duty on certain conveyances of securities to trustees or custodians of superannuation schemes or trusts
Division 20 - (Repealed)
None
Division 21 - Loan securities
83. Definitions
84. Limited and unlimited loan securities
84A. Charging of loan securities for repayment by periodical payments
84B. Collateral security
84C. Subsequent mortgages
84CA. Unregistered mortgage protected by caveat
84CAA. Refinancing of loans
84CAB. (Repealed)
84CAC. Exemption for certain home loan transactions
84D. Duty on subscriptions under instruments which secure debentures
84E. Debentures not liable to duty if mortgage duly stamped
84EA. Re-issue of certificates of debentures not liable to duty
84EB. Loan securities associated with certain consumer credit contracts
84EBAA. Farm machinery and commercial vehicles
84EBA. Exemption for loan securities of companies with regional headquarters in NSW
84EC. Exemption of certain debentures and related instruments from duty
84F. Loan security in respect of property in and out of the State
Division 21A - Mortgage-backed securities
84FA. Charging of duty on issue etc of mortgage-backed securities
Division 21B - Loan-backed securities
84FB. Charging of duty on issue etc of loan-backed securities
Division 22 - Motor vehicle certificates of registration
84G. Duty on motor vehicle certificates of registration
84GA. Refund of duty--certificates of registration of stolen motor vehicles
Division 23 - Partitions or divisions
85. Partition or division of any property
Division 24 - Policies of insurance etc
86. Definitions
86A. (Repealed)
87. Insurance to which this Division does not apply
87A. (Repealed)
88. Exemption from duty--property etc outside New South Wales
88AA. (Repealed)
88A. Registration of persons carrying on insurance business
88B. Monthly returns and payment of duty
88C. Apportionment of premiums
88D. Duty payable by insured in certain circumstances
88E. Giving of undertakings by certain persons
88F. Variation of time for furnishing returns
88G. Returns by certain New South Wales residents where life policy issued outside New South Wales
88H. Returns by certain New South Wales insurers where life policy issued outside New South Wales
88I. Application of secs 88G and 88H to companies
88J. Stamping of foreign policies
88K. Reduction of duty on certain returns
88L. Keeping of records by registered persons
88M. Denotion of stamp duty
88N. Set-off or refund of duty on refund of premium
88O. Penalty for registering unstamped assignment or transfer of policy
88P. Exemption from duty of certain instruments
89-89AB. (Repealed)
Division 25 - Replicas
89B. Replica instruments
Division 25A - Transfer of units in unit trust schemes
90. Definitions
91. Duty on certain transfers of units in unit trust schemes
92. Prohibition on registration of transfers etc
93. Effect of payment of duty in a place outside New South Wales
94. Concessional rates of duty
Division 26 - Shares--issue or allotment by direction
94A. Issue of shares by direction
Division 26A - SCH-regulated transfers
Subdivision 1 - Duty on certain SCH-regulated transfers
94B. Definitions
94C. Application of Division (Duty on certain SCH-regulated transfers)
94D. Liability to duty of SCH-regulated transfers
94E. SCH participant liable to pay duty
94F. Record of SCH-regulated transfers
94G. Particulars to be included by relevant SCH participant in transfer document
94H. Relevant SCH participant's identification code equivalent to stamping
94I. Returns to be lodged and duty paid
Subdivision 2 - The securities clearing house
94J. Registration as the securities clearing house
94K. Monthly return
94L. Returns to be kept by SCH
94M. Disclosure to SCH of information
Division 27 - Shares--transfer
Subdivision 1 - Off market share transfers
95-96. (Repealed)
96A. Duty on certain transfers of shares
96B. Duty on transfers of listed shares
Subdivision 2 - Requirement to stamp transfer of marketable securities before registration
97. Transfer of shares liable to duty not to be registered unless duly stamped
Subdivision 3 - Transfers involving brokers
97A. Definitions and application of Subdivision 3
97AA. Sales and purchases to be recorded
97AB. Returns to be lodged and duty paid
97AC. Endorsement as to payment of duty
97AD. Dealer to have power to recover duty
97ADA. (Repealed)
97ADB. Sales and purchases to be recorded by options traders
97ADC. Returns to be lodged and duty paid
97ADD. (Repealed)
97ADE. Sales and purchases to be recorded by futures brokers
97ADF. Returns to be lodged and duty paid
97ADG. (Repealed)
97ADH. Sales and purchases to be recorded by warrant-issuers
97ADI. Returns to be lodged and duty paid
Division 27A - Takeovers of New South Wales public companies
97ADJ. Definitions
97ADK. Entitlement to voting shares arising from capital reduction or rights alteration
97ADL. Form of statement
97ADM. Assessment and payment of duty
97ADN. Offences relating to statements
Division 28 - Transfer etc of certain mortgages and debentures
97AE. Charging of duty on transfer etc of certain mortgages
97B. Assignment of mortgages etc to be marked before registration
Division 28A - Transfer of shares--London Stock Exchange
97C. Definitions
97D. Declarations by the Governor
97E. Duty payable in relation to relevant transactions
Division 29 - Returns of financial institutions etc
Subdivision 1 - Preliminary
98. Definitions
98A. Receipts to which this Division does not apply
98B. Crown bound by Division etc
Subdivision 2 - Constitution of groups
98BA. Definitions
98C. Membership of a group of persons engaged in provision of finance
98D. Grouping of corporations
98E. Grouping where employees used in another business
98F. Grouping of commonly controlled businesses
98G. Smaller groups subsumed into larger groups
98H. Beneficiaries under discretionary trusts
Subdivision 3 - Duty in relation to receipts returns
98I. Registration
98J. Return to be made out in respect of dutiable receipts
98JA. Return made out by group member in respect of group dutiable receipts
98K. Transactions with unregistered persons
98L. Payment by person, other than designated person, of duty on receipts other than by stamping
98LA. Liability to lodge or deposit money
98M. Circumstances in which secs 98K and 98L do not apply
98MA. Receipts returns not required for periods after 1 July 2001
Subdivision 4 - Short term dealings
98N. Application for certification as short term dealer
98O. Certification as a short term dealer
98P. Short term dealer's account
98Q. Cancellation of certificate as short term dealer
98R. Return to be made out in respect of short term liabilities
98RA. Return relating to contraventions
98S. Exemption from payment of certain duty
Subdivision 5 - Miscellaneous
98T. Applications for exempt accounts
98U. Exempt accounts
98V. (Repealed)
98W. Duty can be passed on
99. (Repealed)
Division 30 - Acquisitions of company and unit trust interests dutiable as conveyances of land
99A. Definitions
99B. Acquisitions to which this Division does not apply
99C. Statement of acquisition of land use entitlement
99D. Assessment and payment of duty--statement of acquisition of land use entitlement
99E. Statement of entitlement concerning designated landholder
99F. Assessment and payment of duty--statement of relevant acquisition of an interest etc
99G. Ascertainment of value of property
99H. Date of first execution of statements under this Division
99I. Offences relating to statements
99J. Rescission of agreement for sale or conveyance of land
99K. Application of Division to certain financial arrangements
PARTS 4, 5 - (Repealed)
None
PART 6 - MISCELLANEOUS
125. Valuation of property
125A. Ascertainment of value of certain interests
125AA. (Repealed)
125B. Ascertainment of value of property subject to powers etc
126. Payment of expense of obtaining valuation
127. Valuation of shares
127A. Particulars as to shares in companies etc
127B. Default assessment of stamp duty
127C-142. (Repealed)
143. No abatement of legal proceedings
144. Construction of Act
145. Application of Act to persons or bodies having Crown immunity
144A. Savings, transitional and other provisions
146. Regulations
SCHEDULE 1
SCHEDULE 2
SCHEDULE 2A
SCHEDULE 2B
SCHEDULE 2C
SCHEDULE 2D
Third-Ninth Schedules - (Repealed)
SCHEDULE 10