PART I-PRELIMINARY PART I-PRELIMINARY
SECTION 13 SECTION 13 ORDER IN COUNCIL
W. G. MACK, Administrator
WHEREAS by subsection 1 of section 31B of The Stamp Acts 1894 to 1968, it is among other things enacted that, in sections 31c, 31o, 31E and 31F of the said Acts unless inconsistent with the context or subject- matter, "Co-rresponding Act" means any law in force in any State or Territory of the Commonwealth which is declared by the Governor in Council by Proclamation published in the Gazette to be a "Corresponding Act" for the purposes of the said sections 3lc, 31D, 31E and 31F: Now, therefore, I, Sir. WILLIAM GEORGE MACK, the Administrator aforesaid, acting by and with the advice of the Executive Council and in pursuance of the power and authority vested in me by the said Acts do by this my Proclamation hereby declare each law set forth in the Schedule hereto and in force in the Australian Capital Territory to be a "Corresponding Act" for the purposes of sections 31c, 31o, 31E and 31F of The Stamp Acts 1894 to 1968.
Given under my Hand and Seal at Government House, Brisbane, this twenty-sixth day of June, in the year of Our Lord one thousand nine hundred and sixty-nine, and in the eighteenth year of Her Majesty's reign.
By Command, GORDON W. CHALK.
Goo SAVE THE QUEEN!
THE ScHEDULE
Title of Act State or Territory of the
Commonwealth in which Act is in force Australian Capital· Territory Taxation (Administration) Australian . Capital Territory
Act 1969
Australian Capital Territory Tax (Purchases of Marketable Australian Capital Territory Securities) Act 1969
Australian Capital Territory Tax (Sales of Marketable Australian Capital Territory Securities) Act 1969
Australian Capital Territory Stamp Duty Act 1969 Australian Capital Territory Published in Gazette 28 June 1969, p. 1146.
191
REGULATION 38A OF mE LAND TAX REGULATIONS, 1936
"38A. The fee payable by an applicant for a certificate pursuant to section 37 of the Act shall be two dollars ($2) for each certificate issued by the Commissioner. Such fee shall be paid by affixing to the application an adhesive duty stamp issued pursuant to The Stamp Acts 1894 to 1968, of an amount equal to the total amount of the fees payable by the applicant."
SECTION 14 OF mE MONEY LENDERS ACT 1916-1973
"14. Restriction as to obtaining a loan. ( 1) Except as hereinafter in this section provided, it shall not be lawful for any person to charge, recover, or receive directly or indirectly, or as a partner with any other person, any moneys-
(i) For or in _respect of the making, procuring, negotiating or obtaining of any loan, or of any proposal, application or offer to make, procure, negotiate or obtain any loan, or for or in respect of the collection of repayments of any loan;
(ii) For or in respect of any recommendation which such person shall make or cause to be made or agree or offer to make or cause to be made that any loan should or may or should not or may not be made to any person;
(iii) For or in respect of any report which such person may make or cause to be made or agree or offer to make or cause to be made as to the financial status of any person (hereinafter referred to as "the said person") or as to the suitability of any person (hereinafter also referred to as "the said person") as a person to whom money may be advanced on loan if the said report is to be or may be or is intended to be used as a basis for making or refusing to make a loan to the said person; or
(iv) For or in respect of any inquiries which such person may make or cause to be made or agree or offer to make or cause to be made into or concerning the financial staJtus of any person (hereinafter referred to as "the said person") or the suitability of any person (hereinafter also referred to as
"the said person") as a person to whom money may be advanced on loan if the information obtained or to be obtained as a result of such enquiries is to be or may be or is intended to be used as a basis for making or refusing to make a loan to the said person or as a basis for recommending or refusing to recommend the making of a loan to the said person or as a basis for making any report as to the financial status of the said person or as to the suitability of the said person as a person to whom money may be advanced on loan:
192
Provided that the lender may charge and recover from the borrower costs, fees, and charges-
( a) paid or payable by the lender in respect of the preparation by a solicitor or conveyancer of documents evidencing the contract of loan in question or of any suretyship in relation
thereto, ·
(b) assessed and paid or assessed and payable (whichever is the less) by the lender in respect of stamp duties or registration fees payable under any Act in respect of the loan in question or in respect of documents relating (wholly or in part) thereto and, in the latter case, attributable to· the loan in question, (c) paid by the lender in respect of a valuation obtained in
connexion with the loan in question,
(d) in a reasonable amount paid by the lender for a reasonable purpose (including that of collection fees) in connexion with the loan in question:
Provided further, that the total sums so charged in respect of any costs, fees, or charges included in paragraphs (c) and/ or (d) shall not exceed such per centum of the amount of the principal sum actually lent as may from time to time be prescribed.
(2) Every contract made or entered into ortransaction entered into or performed in breach of or with intent to evade or avoid this section
shall· be absolutely void: ·
Moreover, any money or money's worth directly or indirectly paid or allowed to or received by any person in contravention of this section may, notwithstanding any contract or agreement to the contrary, be recovered by the borrower from such person.
(3) Any person guilty of an offence against this section shall be liable to a penalty of not exceeding two hundred dollars, and in addition upon conviction the court may order him to repay any moneys charged, recovered, or received by him contrary to the provisio:t;ts of this section."
INDEX TO
STAMP ACT 1894-1979
AND
REGULATIONS THEREUNDER
A
Accident assurance. See Policy.
Account of notes in circulation, bank to deliver ..
Accountant, public, Assistant Commissioner and each Deputy Commissioner to be a
Action for recovery of penalties, limitation of time for Adhesive stamp-
duty on bill of lading may be denoted by duty on charter party may be denoted by fixation of and cancellation of form of application . . . . . . general direction as to cancellation of ..
marine policies issued in Queensland ..
may be marked for purposes of identification not to be defaced . . . . . . . . . . on bills of exchange, promissory notes and bills of lading ..
on foreign bills of exchange and promissory notes, provision as to
payment of duty, when only to be denoted by . . . . person to whom bills of exchange payable on demand, etc. is
presented, may affix regulations as to cancellation of use on bill of exchange of ..
when duty on agreement under hand may be denoted by Advances, security for further, how charged
Aggregation of settlements
Agreement. See also Contract; Conveyance; Hire-Purchase;
Lease; Mortgage.
certain, to be charged as conveyances on sale for option or right of purchase, duty chargeable may be made between Commissioner and owner or any memorandum of agreement, rate of duty
or contract -rescinded within thirty days, abatement of ad valorem duty
to grant mortgage, duty chargeable under hand, duty on-
may be denoted by adhesive stamp ..
not otherwise specifically charged with duty Annuity-
conveyance in consideration of, how to be charged duty on bond, etc., given to secure . . . .
not created by actual grant or conveyance, as to duty upon sale of
security for payment of, how to be charged Appeal, against assessment of Commissioner Application for registration-Motor Vehicles-
accompanied by declaration as to value duty on
meaning of
Application for transfer of registration- meaning of
Applications for stamps Appointment of-
Commissioner, Assistant Commissioner, Deputies, assessors, etc.
inspectors ..
new trustee. See Trustee.
85630-0
s. 58 7 78
43 33 reg. 22 f. A s. 18 Sch. I reg. 23
23 ..
ss. 39, 43 s. 40
13 41 83 (I) 39 (3) 32 68 61 (4)
54 54 (3) 32A (4) Sch. I ..
s. 54 (7) 66 32
4, Sch. I 51
4,Sch.I 56 67 (2) 24 57 A (4) 57 A (I)
2 2 regs. 4, SA
s. 5 9
Page
75
s
88 51 30 136 151 12 91 136 136 45, 51 46 10 46 89 46 26 83 77
68 68 27 91 70 83 26 6, 91 64 6, 91 73 83 15 74 74 5
6 125, 126 7 9
194
Appropriated stamps
Assessment of duty by Commissioner- appeal against
provision as to . . . .
INDEX
remedy in case of insufficient . . . . . . when person lodging instrument deemed notified of Assessors, appointment of
Assignment, duty on. See Conveyance; Mortgage Assistant Commissioner-
appointment of . . . . • . duties, powers and remuneration of Assurance, included in term " insurance " ..
Auctioneers and Commission Agents Acts, appointed under.
See Power or Letter of Attorney.
Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, fidelity bond. See Bond; Covenant;
Debenture; and Mortgage.
Averment in legal proceedings, evidence of Award, duty on
B
Bank-
meaning of term . . . . . . . . . . . . . . promissory notes payable on demand, issued by, subject to
annual composition
receiving foreign draft may affix adhesive stamps thereto stamp duty payable on forms by . . . . . . to forward monthly return to Commissioner showing detail;
of bills of exchange used by it Banking companies, commission to Bill of-
exchange- duty on foreign-
ad valorem duties upon, may be denoted by adhesive stamps
duty in receipt of, when payable provisions as to stamping meaning of term . . . . . .
one only, of a set, need be stamped . . . . . . payable on demand, etc., fixed duty on may be denoted
by adhesive stamp
penalty for issuing, paying, etc., unstamped . . . . refund of money or replacement of old form upon
application to Commissioner
regulations, making of relating to use of previously stamped forms
regulations re impressing stamp by printer use of adhesive stamp on ..
lading-
duty on . . . . . . . . may be stamped with adhesive stamp meaning of term . . . . not to be stamped after execution sale-
Bond-
duty on. See Conveyance; Mortgage.
not to be registered unless duly stamped original produced
covenant or instrument relating to annuity . . . . given as security for due execution of office or of kind not otherwise specified, duty on
or recognizance stamp duty on Branch office-
Commissioner to supervise working of establishment of ..
s. 20 24
.so 22
22 (7i,'reg. ioA
5
5 7 2
78A ••
4, Sch. I
reg. 31 s. 58
40 (4) reg. 39
36 6
s. 4, Sch. I 39 38 40 ..
36, reg. 31 42 39 41 reg. SA
s. 83 (2) 83 ..
39 (3) 4,Sch.I 43
2 43 44
4, Sch. I 4, Sch. I 4, Sch. I 4,Sch.I Sch.I
s. 8 6
Page 12 15 12 88 13, 136 7
7 8
88 6, 91
141 75 46 143 142 126
6, 91 46 45 46 44, 141 47 45 46 126 89 89 45 6, 91 51 5 51 51
6, 91 6, 91 6, 91 6, 91 91 8 8
INDEX
Broker-
delivery by of marketable security upon sale before complet- ion and stamping of transfer
meaning of term Broker's agent-
meaning of term
Budget account, exemption from stamp duty of agreement relating to
Business-
transfer of, liability to account for duty upon
Cancellation of adhesive stamps- on agreement under hand on charter-party ..
c
provision as. to . . . . . . . . . . . . upon bill of exchange payable upon demand, etc., drawn
in the State
upon foreign bills of exchange and promissory notes ..
upon unstamped bill of exchange payable on demand, etc., presented for payment
Charter-party-
duty on .. .. .. ..
duty on, may be denoted by adhesive stamps meaning of term ..
Cheque. See also Bill of exchange.
impressment of duty by printer
Clerk of Petty Sessions, as to payment of duties on documents registered with
Commissioner. See also Assistant Commissioner and Deputy Commissioner.
account of company in duplicate to, shall comprise of appeal against assessment of
appointment of .. .. .. .. .. ..
authorized person to inspect books, records, etc., of public officer
deputies are subject to . . . . . . . . . . may agree to composition for duty on accident policies ..
may authorize inspector to require production of documents may be required to assess duty ..
may cancel printer's licence . . . . . . may collect tax on receipts for Commonwealth
may disclose matters to taxation departments . . . . may enter into agreement with owner in hire-purchase
agreement
may inquire into amount of consideration or value ..
may issue permit to Company enabling delivery of accounts in respect of securities
may issue licences for sale of stamps . . . . may make allowance for stamps rendered useless may prescribe duties of officers
may reassess duty . . . . . . . . . . may refund money or replace old forms or make allowance
upon application to
may revoke authority given to bank meaning of term . . . .
not liable to refund or allowance in respect of forms in certain case
not to be required to give certain evidence power as to denoting stamps . . . . powers over officers as to administration
retain unstamped instrument until payment of duty thereon salary of . . . . . . . . . . . .
stamp duty to be paid to, in respect of securities statements to be lodged by registered persons with time allowed for delivery of account to
to observe secrecy . . . . . .
to provide stamp dies or plates, etc. . . . . . . to register credit or rental business upon application to supervise working, etc., of branch officers ..
valuation where consideration doubted by Commissioner of Main Roads to pay duty to Treasury
s. 31A (I) 3!B (I) 3!B (I) Sch. I
s. 54A ..
32 33 18 39 40 41
4, Sch. I 33
2 83 45
reg. 15A s. 24
5 29 7 48A
9 22 reg. 37 S. 8A
10 ..
32A (4) 23 reg. !5A
s. 73 75 reg. 16 8. 80 reg, 8A
s. 37 2 reg. 39
s. 10 (2) 21, reg. 32 reg. 17
s. 28 5 reg. !5A
s. 358 reg. 15A s. 10
74 ..
35A, reg. 40 8 ..
51c ..
57 A (7)
195
Page 20 21 21 91
70
26 30 12 45 46 46
6, 91 30 3 89 51
131 15 7 19 8 57 9 12 142 8 9 27 14 131 87 87 135 88 126
!42 2 143 9 12, 142 135 18 7 131 36 131 9 87 34, 144 8 65 75
196 INDEX
Commissions-
to banking companies to licensed vendors
Commutation of duty on debentures, etc., of local bodies Company-
acquisition in Queensland of property without stamped contract, memorandum of association deemed the contract
appointment for receipt of dividends, etc. See Power or Letter of Attorney.
case of voluntary disposition to a duty on Constitutions ..
production of documents by . . . . . . . . relief from conveyance or transfer duty upon amalgamation
or reconstruction of
winding-up of, nature of conveyance upon Composition-
bank notes to be subject to annual for duty on accident policies Consideration-
declaration re, on conveyance . . . . . . doubted by Commissioner, valuation in case of in respect of marketable securities
true, on sale of property
Constructing authority, duty where property vested in Continuous insurance-
instrument of payment of renewal premium on payment for deemed to be renewal of policy Contract-
agreement under hand only, duty on . . . . certain, to be charged as conveyance on sale ..
for sale of property, duty on . . . . . . time payment, procedure as to stamping to avoid duty
Contract or agreement rescinded within thirty days, abatement of ad va/orum duty
Contract note. See also Stock.
for stock and marketable security, provisions re transactions meaning of term ..
rate of duty
Conveyance or Transfer. See also Transfer.
by way of exchange, gift, partition, affidavit necessary certain contracts and agreements to be charged as declaration-
as to live stock and movable chattels of consideration
decree or order of Court . . . . . . . . duty in respect of property locally situate in Queensland duty on, how calculated-
transferee's improvements ..
transfers in blank void . . . . . . where consideration consists of debt due, etc. . . where consi4~ration consists of periodical payments where consideration consists of stock or securities ..
where person having contracted to purchase, but not having obtained conveyance, contracts to sell to other person
where property is conveyed to joint purchasers by separate instruments
where property is conveyed to purchaser in separate parcels by different instruments
where there are several instruments to complete pur- chasers' title
form of declaration . . . . . . . . . . instrument of, production of contract, on stamping ..
instrument securing annuity, etc., when deemed instrument of meaning of term . . . . . . . .
nature of, upon winding-up of company or transfer-
by way of security. See Mortgage.
instrument, .whereby property is transferred or vested, when to be charged as
of stock or marketable security, duty on on sale of property generally, duty on
Page
reg. 6 126
5 125
s. 69 85
54 (4) 69
51A 64
Sch. I 91
s. 9 9
49c 59
49B 59
58 75
48A 57
f. I 158
s. Sic 65
50 63
49 58
49A 58
47A (2) 55
47A (1) 55
4, Sch. I 6, 91
54 68
54 (1). 68
reg. 15 129
s. 81 88
54 (7) 70
31A , , 20
31A (4) 20
4, Sch. I 6, 91
reg. 12 129
s. 54 68
reg. 11 128
f. I 158
s. 57 73
54 (5). 69
5lo .. 65
53 (5) 67
52 65
51 64
50 63
53 (4) . 66
53 (2) 66
53 (1) 66
53 (3) 66
reg. 14 f. F 129, 154 regs. 10, 11, 12 127, 128, 129
s. 56 73
49 58
49B 59
57 73
4, Sch. I 6, 91
4, Sch. I 6, 91