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					                            Version No. 153
                         Stamps Act 1958
                            Act No. 6375/1958
          Version incorporating amendments as at 1 July 1999


                      TABLE OF PROVISIONS

Section                                                                 Page
  1.      Short Title and commencement                                     1
  2.      Repealed                                                         1
  3.      Definitions                                                      2
  3A.     Act binds State Bank                                            12

PART 1—COLLECTION OF FEES BY STAMPS                                          13
  4.      Definition                                                         13
  5.      Certain fees payable to the Government to be collected by stamps   13
  6.      Stamps to be impressed or adhesive                                 14
  7.      Power to Governor in Council to order fees to be paid in money
          instead of stamps                                                  14
  8.      Documents requiring payment of fees not to be evidence without
          receipt of fees                                                    15
  9.      Documents not properly stamped to be invalid                       16
  10.     Court to note document not duly stamped                            16
  11.     Where stamps are required, officer to see that they are attached   17
  12.     Penalty for issuing documents not stamped or failing to cancel
          stamps etc.                                                        17
  13.     Proof in proceedings for penalties                                 18
  14.     Power to justices to mitigate penalties in certain cases           19
  15.     Nothing to interfere with power of Governor in Council etc. to
          alter fees etc.                                                    19
  16.     Regulations                                                        19

PART 2—COLLECTION OF DUTIES BY STAMPS                                        21
Division 1—Grant of Stamp Duties                                             21
  17.     Granting, evasion and non-payment of duties                        21
  17A.    Recovery of duties                                                 22
  18.     All duties to be paid according to the provisions of this Act      23
  19.     Power to Governor in Council to order duties to be paid in money
          instead of stamps                                                  23




                                       i
Section                                                                Page

  20.     Documents requiring payment of duty not to be evidence
          without receipt of duty                                          24
Division 2—General Provisions                                              24
  21. How instruments to be written and stamped                            24
  22. Instruments to be separately charged with duty in certain cases      25
  23. Use of appropriated stamps                                           25
  24. Facts affecting duty to be set forth in instruments                  26
  24AA. Comptroller may obtain Valuer-General valuation of land            27
  24A. Continuing offences                                                 27
  25. Money in foreign currency to be valued                               27
  26. Valuation of marketable securities and rights in respect of shares   28
  26A. Arrangements that reduce the unencumbered value of marketable
       securities and rights in respect of shares                          29
  27. Effect of statement of value                                         31
  28. Stamping of instruments after execution                              32
  28A. Remission of penalty                                                33
  29. Unstamped instruments receivable in evidence in any court on
       payment of duty and penalty                                         33
  30. Instrument not duly stamped inadmissible                             34
  31. In certain cases payment of duty on some other instrument to be
       denoted                                                             35
  32. Expression of opinion as to duty by Comptroller of Stamps            35
  32AA. Refunds                                                            38
  32A. Refunds to be paid to person entitled                               40
  32B. Application of section 32A to proceedings                           41
  33. Default assessments                                                  42
  33A. Objections                                                          43
  33B. Reviews                                                             45
  33C. Proceedings on references and appeals                               46
  33D. Reviews concerning the value of land                                46
  33E. Repealed                                                            47
  33F. Appeals to Court                                                    47
  33G. Effect of reference or appeal on payment of amounts                 47
  33GAA. Assessment of duty on two or more documents                       48
  33GA. Repealed                                                           48
  34. Evidence by affidavit etc.                                           48
  35. Public officers to permit rolls books etc. to be inspected           49
  36. Inspection of documents etc.                                         49
  37. Unstamped instruments not to be received by public officers          51
  38. How duties to be denoted                                             52
  39. General direction as to the cancellation of adhesive stamps          52
  40. Failure to appropriate moneys received as duty                       53
  40A. Power to authorize payment of duty on a return system               54
  41. Offset of overpaid duty by return                                    56




                                      ii
Section                                                                       Page

Division 2A—Approval of special return arrangements                             58
  42.     Definition                                                            58
  43.     Approval of special return arrangements                               58
  44.     Application for approval                                              59
  45.     Conditions of approval                                                59
  46.     Gazettal or service of notices                                        60
  47.     Effect of approval                                                    60
Division 3—Special Provision                                                    61

(1)–(3) Repealed                                                                61
  48–55.     Repealed                                                           61
(4) Transfer of Marketable Securities; Direction as to Certain Shares           61
  55A. Application of subdivision                                               61
  55B. Liability to pay duty in respect of transfers of marketable
       securities                                                               62
  56. Stamping of transfers of marketable securities etc.                       63
  56A. Assignment of interest under will etc.                                   64
  56B. Partition of marketable securities                                       65
  57. Transfer, how stamped                                                     65
  58. Repealed                                                                  66
  59. Statements of sales of marketable securities etc.                         66
  59A. Definitions                                                              70
  60. Issue or allotment of shares by direction                                 75
(4A) Marketable securities general                                              76
  60A. Definitions                                                              77
(4AA) Duty on sales and purchases by brokers                                    79
  60B.    Sales and purchases to be recorded                                    79
  60C.    Returns to be lodged and duty paid                                    83
  60D.    Endorsement as to payment of duty                                     88
  60E.    Power to dealer to recover duty from vendor etc.                      89
(4AB) Duty on certain SCH-regulated transfers                                   89
  60EA.      Application of subdivision                                         89
  60EB.      Transfer documents treated as instruments of transfer              91
  60EC.      SCH participant liable to pay duty                                 91
  60ED.      Record of SCH-regulated transfers                                  91
  60EE.      Particulars to be included by relevant participant in transfer
             document                                                           93
  60EF.      Relevant SCH participant's identification code equivalent to
             stamping                                                           93
  60EG.      Report to be made and duty paid                                    93



                                       iii
Section                                                                Page

  60EH.      Refund for error transaction                                 95
(4AC) The Securities Clearing House                                       95
  60EI.   Registration as the securities clearing house                   95
  60EJ. Monthly return                                                    96
  60EK. Particulars reported by participants to be kept by SCH            97
  60EL.   Disclosure to SCH of information                                97
(4B) Registration of Transfer of Shares &c. by Corporations               97
  60F. Transfers of marketable securities not to be registered unless duly
       stamped                                                             97
(4C) Duty on Transactions on Branch and other Registers                   99
  60G. Definitions                                                        99
  60H. Returns to be lodged by companies                                 100
(5) Duty on sales and purchases by futures members                       102
  60I. Repealed                                                          102
  60J. Application of subdivision                                        103
  60K. Sales and purchases by futures members                            103
  60L. Returns by futures members                                        104
  61, 62. Repealed                                                       105
(5B) Takeovers of Victorian public companies                             106
  62F.    Definitions                                                    106
  62G.    Statement on entitlement to voting shares                      107
  62H.    Form of statement                                              108
  62I.    Assessment and payment of duty                                 109
  62J.    Offences relating to statements                                109
(6) Conveyance of Real Property and Land Transfer                        110
  63. Definitions                                                      110
  63A. Conveyance to be accompanied by statutory declaration by
       transferor                                                      115
  63B. Refurbished lots                                                116
  64. A lease with covenant for future transfer to be deemed a present
       transfer                                                        117
  64A. Statement on transfer to trustee as beneficial owner            118
  64B. Statement on change of beneficial ownership                     120
  65. Assignment of interest under will etc. deemed conveyance on sale122
  66. Transfer of Crown leasehold deemed conveyance or transfer of
       real property                                                   123
  67. Conveyance giving effect to more than one sale                   123
  67A. Duty in respect of 2 or more transactions                       124
  68. Conveyances as a result of single transaction                    129
  69. Instruments executed in order to evade duty absolutely void      131


                                       iv
Section                                                                       Page

  70. Duty on conveyance to be denoted by impressed stamp                      131
  71. Family farm exemption                                                    132
  71A. Exemptions and rebates on purchase of first dwelling                    135
  71B. Exemption for first home buyers                                         140
  72. Certain deductions to be made before assessment                          146
  73–74A. Repealed                                                             149
(7) Duty on change of control of certain land-owning corporations
and unit trusts                                                                150
  75.     Definitions                                                          150
  75A.    Refund of duty to trustee                                            157
  75B.    Valuation of real property                                           158
  75C.    Notice may be registered on title                                    158
  75D.    Charge on real property                                              162
  75E.    Power of sale                                                        162
  75F.    Application of proceeds of sale                                      163
  75G.    When statement to be lodged                                          164
  75H.    Statement chargeable with duty                                       165
  75I.    Corporations to which this subdivision applies                       167
  75J.    Meaning of relevant acquisition                                      170
  75K.    Meaning of "interest", "majority interest" and "further interest"    171
  75L.    How dutiable value is determined                                     173
  75M.    Liability for duty                                                   175
  75N.    Unit trust schemes                                                   175
  75O.    Subdivision not to apply in certain circumstances                    178
(8) Lease or Agreement for a Lease                                             179
  76.  Definitions                                                             179
  77.  Agreement to be charged as if a lease                                   179
  78.  How leases to be charged in respect of produce etc.                     180
  79.  Duty chargeable where instrument of lease relates also to other
       matters                                                                 181
  80. Refund of part of duty on certain leases                                 181
  81. Directions as to duty in certain cases                                   182
  82. Lessee, transferee etc. liable to payment of duty                        182
  83. Additional duty where rental under lease re-appraised                    183
  83A. Application                                                             184
(9) Instrument of Settlement                                                   187
  84. Definition                                                               187
  85. Payment                                                                  187
  86–91. Repealed                                                              188
(10) Repealed                                                                  188
  92–94.     Repealed                                                          188




                                        v
Section                                                                  Page

(11) Insurance and Assurance Business                                     188
  95. Definitions                                                         188
  96. Companies etc. carrying on insurance business to be registered      192
  97. Returns and payments of duty to Comptroller of Stamps               193
  98. Premiums                                                            197
  99. Premiums on which stamp duty payable                                200
  100–103. Repealed                                                       203
  104. Duty on open policies                                              203
  105. Power to summon and examine witnesses                              204
  106–110. Repealed                                                       204
  110A.    Duty to be payable by insured in certain circumstances         205
  110B.    Undertaking by unregistered company etc.                       207
  111. Refund of overpaid duty                                            207
(11A) Policies of Life Insurance                                          208
  111A.    Definitions                                                    209
  111B.    Life insurers to execute policies of life insurance            209
  111C.    Certain additional benefits to be disregarded                  210
  111D.    Special provisions for payment of duty by approved insurers    210
(11B) Transport Accident Charges                                          211
  111E.    Definitions                                                    211
  111F.    Returns by Commission                                          212
  111G.    Commission to keep records                                     213
  111GA.   Refund of duty if transport accident charge refunded           214
(11C) Superannuation Funds                                                214
  111H.    Definitions                                                    214
  111I.    Instruments relating to superannuation                         215
  111J.    Transfer of property from one superannuation fund to
           another                                                        216
  111K.    Transfers to trustees or custodians of superannuation funds or
           trusts                                                         217
(12) Betting Instruments                                                  217
  112. Definitions                                                        217
  113, 114. Repealed                                                      220
  115. Automatic recorder                                                 221
  115A.     Approval to use automatic recorder                            221
  115B.     Penalty for unauthorized use of automatic recorder            221
  116. Repealed                                                           221
  117. Betting-tickets and betting-books                                  222
  118. Production and inspection of betting-tickets etc.                  226
  119. Weekly periods for betting tax purposes                            228
  120. Bookmaker's statements                                             228



                                     vi
Section                                                                 Page

  121. Payment and recovery of stamp duties upon bookmaker's
        statements                                                       234
  121AA. Production of betting-books                                     235
  121A.     Suspension of certificates                                   235
  122. Repealed                                                          236
  123. Penalties                                                         236
  124. Frauds                                                            237
  125. Returns by racing clubs etc.                                      237
  126. Notice of sports meetings                                         237
  127. Enforcement of penalties in case of racing clubs etc.             238
  128. When information for offence may be laid                          238
  128A.     Stamp duty on illegal bookmaking                             238
  129. Subdivision not to operate so as to render lawful any unlawful
        betting etc.                                                     240
  130. Regulations                                                       240
(13) Counterpart of Instrument                                           241
  131. Counterpart to be stamped as original instrument etc.             241
(13A) Rental Business                                                    243
  131AA. Definitions                                                     243
  131AB. Persons carrying on rental business to be registered            248
  131AC. Statements to be lodged by registered persons with
          Comptroller                                                    249
  131AD. Registered persons to keep records                              254
  131ADA. Repealed                                                       254
  131AE. Penalties                                                       255
  131AF. Transactions with unregistered persons                          256
  131AFA. Repealed                                                       257
  131AG. Undertaking to pay duty                                         258
(14) Instalment Purchase Agreements                                      259
  131A.    Definitions                                                   259
  131B.    Imposition of duty on instalment purchase agreement           261
  131C.    Declaration of "approved vendors"                             261
  131D.    Repealed                                                      264
  131E.    Preparation of instrument                                     264
  131F.    Counterparts not separately chargeable                        266
  131G.    Penalty                                                       266
  132–136. Repealed                                                      258
(15) Repealed                                                            265
  137. Repealed                                                          265
(16) Motor vehicle and heavy trailer registration                        266
  137A.    Definitions                                                   266


                                    vii
Section                                                                 Page

  137AB.   Lodgment of statement of dutiable value                         268
  137AC.   Who is liable to pay the duty?                                  269
  137AD.   When does duty become payable?                                  269
  137AE.   What is the dutiable value of a motor vehicle or heavy trailer? 269
  137AF.   Prohibition on registration of motor vehicles and heavy
           trailers                                                        270
  137AG.   Registration of motor traders and dealers                       270
  137AH.   Cessation of business and cancellation of registration          271
  137AI.   Register of used car dealers                                    271
  137AJ.   Endorsement of code number on application                       271
  137AK.   Monthly returns and payment of duty                             272
  137AL.   Recovery of duty by registered used car dealer                  273
  137AM.   Unauthorised endorsement of code number                         273
  137AN.   Duty on statement of change of use                              273
  137AO.   Duty on statement of acquisition                                274
  137AP.   Entitlement to refund                                           275
  137AQ.   Transitional provision                                          275
(16A) Repealed                                                            275
  137CA–137CC. Repealed                                                   275
(17) Mortgage, Bond, Debenture or Covenant                                276
  137D.  Definitions                                                      276
  137DA. Charges secured on property in and outside Victoria              280
  137DB. Caveats                                                          283
  137E.  Charge on security for marketable security                       284
  137EA. Penalty when mortgage not stamped as required                    284
  137F.  Charge on security for future advances                           284
  137G.  Charge on security for repayment by periodical payments          287
  137H.  As to transfers and further charges                              287
  137I.  Collateral security                                              288
  137IA. Stamping collateral security as primary security                 289
  137J.  Payment and denoting of duty                                     289
  137K.  Foreign securities may be stamped without penalty                290
  137L.  Repealed                                                         289
  137LA. Subsequent mortgages                                             290
  137M.  Duty on subscriptions under instruments which secure
         debenture holders                                                291
  137MA. Application for exemption from stamp duty payable on
         mortgage                                                         294
  137MB. Exemption for certain corporate debentures                       295
  137MBA. Exemption of certain debentures and related instruments
         from duty                                                        297
  137MC. Refinancing of loans                                             299
  137N.  Definitions                                                      301




                                    viii
Section                                                                 Page

(17A) Mortgage-backed securities                                         304
  137NA. Definitions                                                     304
  137NB. Exemption from duty                                             308
(18)—Financial Sector (Transfers of Business)                            309
  137O.    Statement on transfer of property                             309
  137P.    Duty not chargeable in respect of certain transfers           310
(19) Repealed                                                            310

(20) Exemptions                                                          311
  137Q.    Limit of application of provisions of this Act                311
  137R.    Corporate reconstructions                                     313
  137S.    Exemption: special trusts and land tax                        313
  137T.    Managed investment schemes                                    314

PART 3—ADMINISTRATION, LICENCES, OFFENCES,
REGULATIONS, ETC.                                                        316
  138. Definition                                                        316
  139. Duties to be managed by Comptroller of Stamps                     316
  140. Administration                                                    316
  140A.    Secrecy provisions                                            317
  140AA. Repealed                                                        318
  140B.    Comptroller to keep register of certain registrations         319
  140C.    Power to extend period for payment of duty                    320
  141. Notice of discontinuance of dies                                  321
  142. Duty stamps only to be used for purposes of this Act              323
  143. Comptroller of Stamps to appoint distributors of stamps           323
  144. Appointment of sellers of duty stamps                             324
  145. Granting of licences to deal in stamps                            325
  146. How licence to be notified                                        326
  147. Discount or commission                                            326
  148. Bankruptcy, insolvency or death of licensee                       326
  149. Allowance for spoiled stamps                                      328
  150. Allowance for misused stamps                                      332
  151. Repurchase by Minister of stamps not wanted                       333
  152. Penalty on unauthorized persons holding themselves out as
        dealers in stamps                                                334
  153. No person except distributor to deal in stamps without licence    334
  154. Penalty for unauthorized dealing in stamps                        335
  155. Penalty for hawking stamps                                        335
  156. Penalty for fraudulently removing, selling etc. stamps            336
  157. Defacement of adhesive stamps                                     337
  158. Proceedings not to be quashed for want of form etc.               337
  159. Stay of proceedings and reward of informer                        337


                                     ix
Section                                                              Page

  160.  Applications of penalties                                     338
  161.  Criminal offences relating to stamps                          338
  162.  Entry and search where offence suspected                      340
  163.  Further proceedings for the detection of forged stamps        341
  164.  Mode of proceeding when stamps are seized                     342
  165.  Licensed person in possession of forged stamps                343
  166.  Proceedings for the detection of stamps stolen or obtained
        fraudulently                                                  344
  166AA. Comptroller may require information                          345
  166A.     Warrant to enter and search premises                      346
  166AB. Comptroller may seek injunction                              348
  166AC. Garnishee                                                    348
  166AD. Service of process in recovery proceedings                   350
  166B.     Evidence                                                  350
  166C.     Judicial notice                                           355
  166D.     Payments from Consolidated Fund                           356
  166E.     Supreme Court—limitation of jurisdiction                  356
  167. Regulations                                                    356
                            __________________

SCHEDULES                                                             358
SCHEDULE 1—Repealed                                                   356
SCHEDULE 2                                                            359
SCHEDULE 3                                                            360
SCHEDULE 4—Warrant to enter premises                                  398




NOTES                                                                 399
1. General Information                                                399
2. Table of Amendments                                                400
3. Explanatory Details                                                420




                                     x
                                        Version No. 153
                                      Stamps Act 1958
                                         Act No. 6375/1958
                         Version incorporating amendments as at 1 July 1999

                          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                    1. Short Title and commencement
amended by
Nos 6450
s. 6(1) (as
                                This Act may be cited as the Stamps Act 1958,
amended by                      and shall come into operation on a day to be fixed
No. 6489
s. 4(Sch. item
                                by proclamation of the Governor in Council
14(c)(i)), 7193                 published in the Government Gazette.
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(l), 9541
s. 8, 9662
s. 2(a)-(f),
10118
ss 10(2), 12(3),
10256
s. 18(1)(a).
S. 2                            *          *           *          *           *
repealed by
No. 17/1993
s. 13(1)(a).




                   AB-30/6/99                    1
                       Stamps Act 1958
                                                                     s. 3
                      Act No. 6375/1958

     3. Definitions                                                No. 5204 s. 3.

             In this Act unless inconsistent with the context or   S. 3
                                                                   amended by
             subject-matter—                                       No. 44/1994
                                                                   s. 4.


             "associate" has the same meaning as in section 9      S. 3 def. of
                                                                   "associate"
                  of the Corporations Law;                         inserted by
                                                                   No. 86/1997
                                                                   s. 15.

             "Australian register" has the same meaning as         S. 3 def. of
                                                                   "Australian
                 in the Corporations Law;                          register"
                                                                   inserted by
                                                                   No. 103/1998
                                                                   s. 19(2)(a).


             "books" includes any register or other record of      S. 3 def. of
                                                                   "books"
                 information and any accounting records            inserted by
                 (within the meaning of the Corporations Law       No. 9991
                                                                   s. 27(1),
                 however compiled, recorded or stored and          amended by
                 also includes any other document;                 No. 119/1994
                                                                   s. 33(9)(a)(i).



             "broker" means a person who is a broker within        S. 3 def. of
                                                                   "broker"
                 the meaning of the Business Rules of              inserted by
                 Australian Stock Exchange Limited;                No. 44/1994
                                                                   s. 4,
                                                                   substituted by
                                                                   No. 103/1998
                                                                   s. 19(1).


             "broker's agent" means any agent or employee          S. 3 def. of
                                                                   "broker's
                 of any person who is a broker within the          agent"
                 meaning of any corresponding Act and who          inserted by
                                                                   No. 44/1994
                 is carrying on business for and on behalf of      s. 4.
                 that person in Victoria;




AB-30/6/99                     2
                                      Stamps Act 1958
 s. 3
                                     Act No. 6375/1958

S. 3 def. of                 "Comptroller" and "Comptroller of Stamps"
"Comptroller"                   mean Commissioner of State Revenue under
and
"Comptroller                    the Taxation Administration Act 1997;
of Stamps"
inserted by
No. 40/1997
s. 138(Sch. 2
item 13.1).


S. 3 def. of                 "corresponding Act" means any law in force in
"correspond-
ing Act"                         any State or Territory of the Commonwealth
inserted by                      in respect of which there is in force a
No. 44/1994
s. 4.                            proclamation of the Governor in Council
                                 declaring that law to be a "corresponding
                                 Act" for the purposes of subdivision (4A) of
                                 Division 3 of Part II or for the purposes of
                                 this Act;
S. 3 def. of                 "counterpart" includes a duplicate;
"counterpart"
inserted by
No. 7268
s. 2(1).

S. 3 def. of                 "CUFS" means any interest, issued by or on
"CUFS"
inserted by                     behalf of CHESS Depositary Nominees Pty
No. 42/1996                     Ltd, that provides beneficial ownership in
s. 22(1).
                                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" means a broker or a broker's agent
"dealer"
inserted by                      within the meaning of this Act or any
No. 44/1994                      corresponding Act;
s. 4.




                AB-30/6/99                    3
                      Stamps Act 1958
                                                                    s. 3
                     Act No. 6375/1958

             "de facto spouse" means a person who is living       S. 3 def. of
                  with a person of the opposite sex as if they    "de facto
                                                                  spouse"
                  were married although they are not;             inserted by
                                                                  No. 103/1998
                                                                  s. 19(2)(a).

             "die" includes any plate type tool machine or        S. 3 def. of
                                                                  "die"
                  implement whatever used under the direction     amended by
                  of the Minister (whether or not used for any    No. 6910
                                                                  s. 2(a)(b).
                  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;
             "error transaction" means each of the following      S. 3 def. of
                                                                  "error
                 transfers—                                       transaction"
                                                                  inserted by
                   (a) an SCH-regulated transfer made to          No. 44/1994
                                                                  s. 4.
                       reverse an SCH-regulated transfer that
                       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         S. 3 def. of
                                                                  "foreign
                  section 9 of the Corporations Law;              company"
                                                                  inserted by
                                                                  No. 44/1994
                                                                  s. 4.


             "forge" and "forged" include respectively
                  counterfeit and counterfeited;
             "futures member" means a futures broker within       S. 3 def. of
                                                                  "futures
                  the meaning of the Corporations Law who is      member"
                  carrying on business in Victoria;               inserted by
                                                                  No. 101/1995
                                                                  s. 37.




AB-30/6/99                    4
                                         Stamps Act 1958
 s. 3
                                        Act No. 6375/1958

S. 3 def. of                   "futures contract" has the same meaning as in
"futures                            the Corporations Law;
contract"
inserted by
No. 101/1995
s. 37.

S. 3 def. of                   "identification code", in relation to an SCH
"identification
code"                               participant, means a code that, for the
inserted by                         purposes of the SCH business rules, is the
No. 44/1994
s. 4.                               SCH participant's identification code, or one
                                    of the SCH participant's identification codes,
                                    as the case may be;
                               "instrument" includes every written document;
S. 3 def. of                   "instalment warrant" means a warrant—
"instalment
warrant"
inserted by
                                     (a) that is issued by the warrant issuer in
No. 103/1998                             accordance with the Business Rules of
s. 19(2)(a).
                                         Australian Stock Exchange Limited;
                                         and
                                     (b) that is an option contract within the
                                         meaning of section 9 of the
                                         Corporations Law; and
                                     (c) that provides beneficial ownership in
                                         respect of marketable securities that are
                                         quoted on the market operated by
                                         Australian Stock Exchange Limited;
                                         and
                                     (d) that provides legal ownership of
                                         marketable securities to the warrant
                                         holder on payment of the final
                                         instalment, being a payment that the
                                         warrant holder makes under the terms
                                         of issue of the warrant;




                  AB-30/6/99                    5
                      Stamps Act 1958
                                                                    s. 3
                     Act No. 6375/1958

             "IR" means any security, not being an option         S. 3 def. of
                 contract within the meaning of section 9 of      "IR"
                                                                  inserted by
                 the Corporations Law, issued by a trustee        No. 42/1996
                 that provides—                                   s. 22(2)(a),
                                                                  substituted by
                   (a) beneficial ownership, to the holder of     No. 32/1999
                                                                  s. 4(a).
                       the security, of marketable securities
                       that are quoted on the market operated
                       by Australian Stock Exchange Limited;
                       and
                   (b) legal ownership of the marketable
                       securities to the holder of the security
                       on payment of the final instalment,
                       being a payment that the holder is
                       obliged to make under the terms of
                       issue of the security;
             "marketable security" means—                         S. 3 def. of
                                                                  "marketable
                                                                  security"
                   (a) any stock or share of any municipal        substituted by
                       council or other corporation or            Nos 6791
                                                                  s. 2(a), 7416
                       company or society;                        s. 10(b),
                                                                  amended by
                   (b) any debenture debenture stock bond         Nos 12/1989
                       note or other security of a Government     s. 4(1)(Sch.
                                                                  item 111.1) (as
                       or of any municipal or other corporation   amended by
                       company or society, whether                No. 13/1990
                                                                  s. 38(2)(s)),
                       constituting a charge on the assets of     42/1996
                       the Government municipal or other          s. 22(2)(b)(i)(ii)
                       corporation company or society or not;     (3)(a),
                                                                  103/1998 s.
                                                                  19(2)(b).
                   (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;
                   (f) any instalment warrant;
             "material" includes every sort of material upon
                 which words or figures can be expressed;


AB-30/6/99                    6
                                       Stamps Act 1958
 s. 3
                                      Act No. 6375/1958

                              "money" includes all sums expressed in
                                 Australian or in any other currency;
S. 3 def. of                  "odd lot" means a parcel of marketable securities
"odd lot"
inserted by                       or rights in respect of shares which is, under
No. 44/1994                       the rules of the stock exchange on which the
s. 4.
                                  sale or purchase is effected, required to be
                                  bought or sold through an odd lot specialist;
S. 3 def. of                  "odd lot specialist" means a broker who is
"odd lot
specialist"                       approved by the Comptroller of Stamps on
inserted by                       the recommendation of the stock exchange of
No. 44/1994
s. 4.                             which he is a member as an odd lot specialist
                                  for the purposes of this Part;
                              "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;
S. 3 def. of                  "proper SCH transfer" has the same meaning as
"proper SCH
transfer"                         in section 9 of the Corporations Law;
inserted by
No. 44/1994
s. 4.


S. 3 def. of                  "public unit trust scheme" means a unit trust
"public unit
trust scheme"                     scheme—
inserted by
No. 42/1996                         (a) any of the units of which are listed for
s. 22(3)(b),
substituted by
                                        quotation on Australian Stock
No. 47/1999                             Exchange Limited or on a recognised
s. 11(a).                               stock exchange; or
                                    (b) that is the subject of a deed that is an
                                        approved deed for the purposes of


                 AB-30/6/99                    7
                      Stamps Act 1958
                                                                    s. 3
                     Act No. 6375/1958

                      Division 5 of Part 7.12 of the
                      Corporations Law or a corresponding
                      law, but only if—
                        (i) some or all of its units have been
                            offered to the public; and
                        (ii) no fewer than 50 persons hold
                             units in it; or
                   (c) that is a managed investment scheme
                       within the meaning of Chapter 5C of
                       the Corporations Law and in respect of
                       which—
                        (i) some or all of its units have been
                            offered to the public; and
                        (ii) no fewer than 50 persons hold
                             units in it; or
                   (d) that is exempted from the requirements
                       of Part 7.12 of the Corporations Law
                       and in respect of which—
                        (i) some or all of its units have been
                            offered to the public; and
                        (ii) no fewer than 50 persons hold
                             units in it; or
                   (e) that, in the opinion of the Comptroller,
                       will be a public unit trust scheme
                       within 12 months after the Comptroller
                       gives written notification of that
                       opinion to a person who has requested
                       the Comptroller to express that opinion
                       in relation to the unit trust scheme;
             "recognised stock exchange" means a stock            S. 3 def. of
                                                                  "recognised
                 exchange recognised in accordance with the       stock
                 Business Rules of Australian Stock               exchange"
                                                                  inserted by
                 Exchange Limited;                                No. 47/1999
                                                                  s. 11(b).




AB-30/6/99                    8
                                         Stamps Act 1958
 s. 3
                                        Act No. 6375/1958


                                "regulations" means regulations made under this
                                    Act;
S. 3 def. of                    "related body corporate" and "related
"related
corporation"                         corporation" have the same meaning as
inserted by                          "related body corporate" has in the
No. 8157
s. 12(1)(f),                         Corporations Law;
amended by
Nos 9699
s. 23,
119/1994
s. 33(9)(a)(ii),
substituted as
"related body
corporate"
and "related
corporation"
by No.
32/1999 of
S. 3 def.
s. 4(b).
"relevant
                                "relevant company" means—
company"
inserted by
                                      (a) a Victorian registered company; or
No. 44/1994
s. 4.                                 (b) a foreign company with a registered
                                          office under the Corporations Law that
                                          is situated in Victoria;
S. 3 def. of                    "relevant SCH participant", in relation to the
"relevant SCH
participant"                         SCH-regulated transfer, means the SCH
inserted by                          participant who is, according to subdivision
No. 44/1994
s. 4.                                (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" means any right
"right in
respect of                           whether actual prospective or contingent of
shares"                              any person to have issued to him any
substituted by
No. 6791                             marketable security whether or not on
s. 2(b).                             payment of any money or other consideration
                                     for such marketable security;




                   AB-30/6/99                    9
                      Stamps Act 1958
                                                                  s. 3
                     Act No. 6375/1958

             "SCH" means the securities clearing house          S. 3 def. of
                registered by the Comptroller of Stamps         "SCH"
                                                                inserted by
                under subdivision (4AC);                        No. 44/1994
                                                                s. 4.
             "SCH business rules" has the same meaning as       S. 3 def. of
                                                                "SCH
                in section 9 of the Corporations Law;           business
                                                                rules"
                                                                inserted by
                                                                No. 44/1994
                                                                s. 4.




             "SCH participant" has the same meaning as in       S. 3 def. of
                                                                "SCH
                section 9 of the Corporations law;              participant"
                                                                inserted by
                                                                No. 44/1994
                                                                s. 4.


             "SCH-regulated transfer" has the same meaning      S. 3 def. of
                                                                "SCH-
                as in section 9 of the Corporations Law;        regulated
                                                                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" of a marketable security includes a     S. 3 def. of
                                                                "transfer"
                  buy-back of shares in accordance with         inserted by
                  Division 2 of Part 2J.1 of the Corporations   No. 47/1999
                                                                s. 11(c).
                  Law;
             "transfer document" has the same meaning as in     S. 3 def. of
                                                                "transfer
                  section 1097 of the Corporations Law;         document"
                                                                inserted by
                                                                No. 44/1994
                                                                s. 4.




AB-30/6/99                    10
                                      Stamps Act 1958
 s. 3
                                     Act No. 6375/1958

S. 3 def. of                "transfer identifier", in relation to an SCH-
"transfer                        regulated transfer, means the distinctive code
identifier"
inserted by                      assigned to the transfer as required by SCH;
No. 44/1994
S. 3 def. of                "transfer value", in relation to an SCH-regulated
s. 4.
"transfer
value"                           transfer of a marketable security, means—
inserted by
No. 44/1994                        (a) in the case of a transfer on sale—the
s. 4.
                                       total consideration for the sale or the
                                       unencumbered market value of the
                                       security at the date of the sale,
                                       whichever is the greater; or
                                  (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" means any arrangements
"unit trust
scheme"                          made for the purpose, or having the effect, of
inserted by                      providing, for persons having funds available
No. 6791
s. 2(c).                         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" means a broker or a broker's
"Victorian
dealer"                         agent;
inserted by
No. 44/1994
s. 4.


S. 3 def. of                "Victorian registered company" means a body
"Victorian
registered                      that is registered or taken to be registered, as
company"                        a company under the Corporations Law of
inserted by
No. 44/1994                     Victoria;
s. 4.




               AB-30/6/99                    11
                      Stamps Act 1958
                                                                s. 3A
                     Act No. 6375/1958

             "warrant-issuer" means a person who is a         S. 3 def. of
                 warrant-issuer under the Business Rules of   "warrant-
                                                              issuer"
                 Australian Stock Exchange Limited.           inserted by
                                                              No. 103/1998
                                                              s. 19(2)(a).

    3A. Act binds State Bank                                  S. 3A
                                                              inserted by
                                                              No. 29/1988
             This Act binds the State Bank of Victoria.       s. 56(1).



                     _______________




AB-30/6/99                     12
                                       Stamps Act 1958
 s. 4
                                      Act No. 6375/1958


                        PART I—COLLECTION OF FEES BY STAMPS

No. 5204 s. 4.        4. Definition
                              In this Part—
S. 4 def. of                  "fees" includes all fees dues duties taxes and
"fees"
amended by                         charges payable to the Crown or the
No. 9549                           Consolidated Fund of Victoria under any of
s. 2(1)(Sch.
item 206).                         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.
Nos 5204 s. 5,        5. Certain fees payable to the Government to be collected
5842 s. 2.
S. 5
                         by stamps
amended by
Nos 10118                     From and after such time or respective times as
s. 4(1),                      the Governor in Council heretofore by notice
65/1987
s. 4(a).
                              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—
S. 5(a)                        (a) all fees payable to the Crown or the
amended by
No. 9549                           Consolidated Fund of Victoria or to the
s. 2(1)(Sch.                       several officers of Government, in the
item 206).
                                   several courts and offices, in respect of
                                   matters or things to be done or performed
                                   under the several enactments (as amended by


                 AB-30/6/99                    13
                            Stamps Act 1958
                                                                         s. 6
                           Act No. 6375/1958

                       any Act) specified in the Second Schedule or
                       any corresponding previous enactments; and
                    (b) all fees payable to the Crown or the           S. 5(b)
                                                                       amended by
                        Consolidated Fund of Victoria or to any        Nos 9549
                        officers of the Government under any other     s. 2(1)(Sch.
                                                                       item 206),
                        enactment now or hereafter in force which      65/1987
                        the Governor in Council by any such notice     s. 4(b).

                        in the Government Gazette directs to be
                        collected by stamps, in money or in any
                        prescribed manner.
     6. Stamps to be impressed or adhesive                             No. 5204 s. 6.

                All or any stamps to be used under this Part shall
                be impressed or adhesive as the Governor in
                Council directs.
     7. Power to Governor in Council to order fees to be paid          No. 5204 s. 7.

        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).

             (2) Any fees under this Part that are paid in money—      S. 7(2)
                                                                       substituted by
                                                                       No. 10118
                                                                       s. 4(2)(b),
                                                                       amended by
                                                                       No. 65/1987
                                                                       s. 4(d).

                    (a) subject to paragraph (b), shall be paid in     S. 7(2)(a)
                                                                       amended by
                        money to a person, or person included in a     No. 18/1994
                        class of persons, declared by order of the     s. 66(Sch. 2
                                                                       item 22.1).
                        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
                        impressed stamp or impressed stamps or in


AB-30/6/99                         14
                                            Stamps Act 1958
 s. 8
                                           Act No. 6375/1958

                                       such other manner as is specified in the
                                       Order the amount of fees paid; or
S. 7(2)(b)                         (b) in the case of fees payable in a court, may be
amended by
No. 10256                              paid in money to a person, or person
s. 4(1)(a).                            included in a class of persons, declared, by
                                       order of the Treasurer and the Attorney-
                                       General published in the Government
                                       Gazette to be an officer whose duty it is to
                                       receive payment of fees by way of money.
                              (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.
S. 7(4)                       (4) Such fees and damages shall be recoverable with
amended by
No. 6739 s. 2.                    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.
No. 5204 s. 8.        8. Documents requiring payment of fees not to be
                         evidence without receipt of fees
S. 8(1)                       (1) After the time named in the Order of the Governor
amended by
Nos 10118                         in Council authorized by the last preceding section
s. 4(2)(c),                       to be made no instrument to which the Order
18/1994
s. 66(Sch. 2                      applies and in respect of which any fee is payable
items 22.2,                       by any law in force at the time of the
22.3).
                                  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
                                  person to whom a declaration under section


                 AB-30/6/99                        15
                           Stamps Act 1958
                                                                           s. 9
                          Act No. 6375/1958

                 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.
             (2) The provisions of the next succeeding section           S. 8(2)
                                                                         amended by
                 shall with such adaptations as are necessary            No. 6505 s. 2.
                 extend and apply to the provisions of this section.
     9. Documents not properly stamped to be invalid                     No. 5204 s. 9.

             (1) Subject to this section, a document that ought,         S. 9(1)
                                                                         substituted by
                 under this Part, to bear a stamp or be denoted as       No. 10118
                 prescribed, shall not be of any validity unless it is   s. 4(3)(a).

                 properly stamped or denoted as prescribed.
             (2) If any such document is through mistake or              S. 9(2)
                                                                         amended by
                 inadvertence received lodged filed or used without      Nos 7332
                 being properly stamped, or if it appears upon any       s. 2(Sch. 1
                                                                         item 105),
                 such document being tendered in evidence or for         57/1989
                 any other purpose that the same through                 s. 3(Sch. item
                                                                         184.1).
                 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.
    10. Court to note document not duly stamped                          No. 5204 s. 10.
                                                                         S. 10
                 Except in criminal proceedings any document             amended by
                                                                         Nos 10118
                 which ought to be but is not, under this Part, duly     s. 4(3)(b)(i)(ii),
                 stamped or denoted as prescribed shall not nor,         57/1989
                                                                         s. 3(Sch. item
                 though no objection is raised thereunto, shall any      184.2).
                 court allow such document to be used until such
                 document has been first duly stamped or denoted
                 as prescribed.


AB-30/6/99                         16
                                              Stamps Act 1958
 s. 11
                                             Act No. 6375/1958

No. 5204 s. 11.        11. Where stamps are required, officer to see that they are
S. 11                      attached
amended by
No. 10118                       (1) Every officer whose duty it is to receive any fee or
s. 4(3)(c)(i)–
(iii).
                                    sum of money for any matter or thing to be done
                                    or performed for which payment is made by
                                    stamps—
                                     (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.
S. 11(2)                        (2) An officer whose duty it is to receive a fee or sum
inserted by
No. 10118                           of money for any matter or thing to be done or
s. 4(3)(c)(iii),                    performed for which payment is made in money or
substituted by
No. 10256                           in any prescribed manner shall, before doing or
s. 4(1)(b),                         performing the matter or thing, comply with the
amended by
No. 65/1987                         prescribed requirements with respect to denoting
s. 4(e)(i)(ii).                     or certifying an instrument or document, recording
                                    a receipt or otherwise recording the payment.
No. 5204 s. 12.        12. Penalty for issuing documents not stamped or failing
S. 12
amended by
                           to cancel stamps etc.
No. 9662
s. 23(a).                           Every person who without lawful excuse (the
                                    proof whereof shall be upon such person)—
S. 12(a)                             (a) files issues receives procures or delivers any
amended by
No. 10118                                instrument or serves or executes any writ rule
s. 4(3)(d).                              order matter or proceeding not properly


                   AB-30/6/99                        17
                       Stamps Act 1958
                                                                     s. 13
                      Act No. 6375/1958

                  stamped or denoted as prescribed as required
                  by this Act; or
              (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.
    13. Proof in proceedings for penalties                         No. 5204 s. 13.

             In any proceeding for the recovery of any penalty
             under this Part—
              (a) the production of any instrument unstamped       S. 13(a)
                                                                   amended by
                  or stamped with an insufficient stamp or the     No. 10118
                  stamp of which is not properly or sufficiently   s. 4(3)(e)(i).

                  obliterated and cancelled and which is not
                  denoted as prescribed under this Part; or
              (b) the proof of any instrument having been          S. 13(b)
                                                                   amended by
                  unstamped or not sufficiently stamped and        No. 10118
                  not denoted as prescribed under this Part at     s. 4(3)(e)(ii).

                  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
                        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


AB-30/6/99                    18
                                         Stamps Act 1958
 s. 14
                                        Act No. 6375/1958

                                          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).
No. 5204 s. 14.       14. Power to justices to mitigate penalties in certain cases
S. 14
amended by                     Where any person is convicted before the
Nos 7876
s. 2(3),                       Magistrates' Court in any penalty incurred under
57/1989                        this Part, the court may, in the case of a first
s. 3(Sch. item
184.3).                        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.
No. 5204 s. 15.       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.
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—


                  AB-30/6/99                     19
                      Stamps Act 1958
                                                                   s. 16
                     Act No. 6375/1958

              (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;
             (aa) prescribing the manner of denoting,            S. 16(aa)
                                                                 inserted by
                  certifying, recording a receipt or otherwise   No. 10118
                  recording the payment of fees or money;        s. 4(3)(f),
                                                                 substituted by
                                                                 No. 10256
                                                                 s. 4(2).



             (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-30/6/99                    20
                                             Stamps Act 1958
 s. 17
                                            Act No. 6375/1958


                       PART II—COLLECTION OF DUTIES BY STAMPS

                                  Division 1—Grant of Stamp Duties
No. 5204 s. 17.       17. Granting, evasion and non-payment of duties
                               (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.
S. 17(3)                       (3) All persons who neglect evade or attempt to evade
amended by
No. 6739 s. 3,                     payment of any of the several duties specified in
substituted by                     this Act or of any other stamp duties which may
No. 9317
s. 4(1),                           from time to time be chargeable by law shall
amended by                         besides being subject to such penalties as this Act
No. 9991 s. 4.
                                   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(4)                       (4) Where an instrument which relates to property in
inserted by
No. 9413 s. 2,                     Victoria or to any matter or thing done or to be
amended by                         done in any part of Victoria is executed and held
No. 9502
s. 2(a)(b).                        in some place outside Victoria the provisions of
                                   this Act shall extend and apply to the instrument


                  AB-30/6/99                        21
                           Stamps Act 1958
                                                                          s. 17A
                          Act No. 6375/1958

                 notwithstanding that the instrument is not in
                 Victoria in all respects as if the instrument were
                 executed in Victoria.
  17A. Recovery of duties                                               S. 17A
                                                                        inserted by
                                                                        No. 9317
             (1) Duty shall be deemed when it becomes due and           s. 4(2).
                 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—
                  (a) irrespective of the amount of duty, in the        S. 17A(2)(a)
                                                                        amended by
                      Magistrates' Court; or                            No. 57/1989
                                                                        s. 3(Sch. item
                                                                        184.4).

                  (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.
             (5) In any proceedings in the Magistrates' Court for       S. 17A(5)
                                                                        substituted by
                 the recovery of duty it shall be sufficient if in      No. 9541 s. 2,
                 addition to the particulars prescribed by rules of     amended by
                                                                        No. 57/1989
                 court the particulars of demand specify—               s. 3(Sch. item
                                                                        184.5(a)(b)).




AB-30/6/99                        22
                                             Stamps Act 1958
 s. 18
                                            Act No. 6375/1958

                                    (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.
No. 5204 s. 18.       18. All duties to be paid according to the provisions of this
                          Act
                               (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.
S. 18(2)                       (2) The Third Schedule and everything therein
amended by
No. 9549                           contained shall be read and construed as part of
s. 2(1)(Sch.                       this Part.
item 207).


No. 5204 s. 19.       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


                  AB-30/6/99                         23
                           Stamps Act 1958
                                                                          s. 20
                          Act No. 6375/1958

                 the duties under this Part shall be paid in money to
                 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.
    20. Documents requiring payment of duty not to be                   No. 5204 s. 20.

        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

    21. How instruments to be written and stamped                       No. 5204 s. 21.

             (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-30/6/99                        24
                                             Stamps Act 1958
 s. 22
                                            Act No. 6375/1958

                               (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.
No. 5204 s. 22.       22. Instruments to be separately charged with duty in
S. 22
amended by
                          certain cases
No. 88/1986
s. 4.                              Except where express provision to the contrary is
                                   made by this or any other Act—
                                    (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 last-
                                        mentioned consideration or considerations as
                                        if it was a separate instrument made for such
                                        consideration or considerations only; and
S. 22(c)                            (c) an instrument relating or giving effect to two
inserted by
No. 88/1986                             or more transactions shall be separately and
s. 4.                                   distinctly charged with duty in respect of
                                        each transaction as if it contained a duly
                                        executed instrument in respect of each
                                        transaction.
No. 5204 s. 23.       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-30/6/99                        25
                             Stamps Act 1958
                                                                           s. 24
                            Act No. 6375/1958

             (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.
    24. Facts affecting duty to be set forth in instruments              Nos 5204
                                                                         s. 24, 6104
                                                                         s. 2.
             (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.
             (2) Every person who with intent to defraud Her             S. 24(2)
                                                                         amended by
                 Majesty—                                                Nos 9065 s. 5,
                                                                         9662 s. 23(b).


                *             *           *           *           *      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.
        (2A) A person, shall not fail to make a full and true            S. 24(2A)
                                                                         inserted by
             disclosure as required by this Act of the material          No. 10256
             facts necessary to enable the Comptroller of                s. 5(b).

             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-30/6/99                          26
                                             Stamps Act 1958
 s. 24AA
                                            Act No. 6375/1958

S. 24AA           24AA. Comptroller may obtain Valuer-General valuation of
inserted by             land
No. 47/1999
s. 12.                         (1) If—
                                    (a) a transferee of land provides any information
                                        to the Comptroller as to the value of the land;
                                        and
                                    (b) the Comptroller considers that the value is
                                        understated—
                                   the Comptroller may refer the matter to the
                                   Valuer-General for valuation of the land.
                               (2) The transferee must pay the cost of a valuation by
                                   the Valuer-General under sub-section (1) if—
                                    (a) the Valuer-General's valuation exceeds the
                                        value provided by the transferee by 15% or
                                        more; and
                                    (b) the transferee does not object to the
                                        assessment of duty based on the valuation or,
                                        if the transferee does object, the valuation as
                                        determined on objection, appeal or review
                                        exceeds the value provided by the transferee
                                        by 15% or more.
S. 24A              24A. Continuing offences
inserted by
No. 10256
s. 5(c).
                                   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.
No. 5204 s. 25.       25. Money in foreign currency to be valued
                                   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


                  AB-30/6/99                        27
                           Stamps Act 1958
                                                                            s. 26
                          Act No. 6375/1958

                 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                  Nos 5204
                                                                          s. 26, 6104
        respect of shares                                                 s. 3.

             (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
                 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.
             (4) For the purposes of this Act the unencumbered            S. 26(4)
                                                                          inserted by
                 value of any marketable security or right in respect     No. 8176
                 of shares shall be determined upon the assumption        s. 57(1).

                 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


AB-30/6/99                         28
                                         Stamps Act 1958
 s. 26A
                                        Act No. 6375/1958

                               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)                   (5) The Comptroller may if he thinks fit
inserted by
No. 8176                       notwithstanding anything contained in the
s. 57(1).                      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.
S. 26A          26A. Arrangements that reduce the unencumbered value of
inserted by
No. 32/1999          marketable securities and rights in respect of shares
s. 5.
                           (1) In computing for the purposes of this Act the
                               unencumbered value of any marketable security or
                               right in respect of shares of a company, the
                               Comptroller of Stamps may include the value of
                               any assets formerly owned or controlled by the
                               company if—
                                (a) those assets were transferred to the
                                    ownership or control of the transferee of the
                                    marketable security or right in respect of
                                    shares or to an associated person of the
                                    transferee before the transfer of the
                                    marketable security or right in respect of
                                    shares; and
                                (b) those assets are necessary for the continuing
                                    operation of the company after the transfer of
                                    the marketable security or right in respect of
                                    shares; and



              AB-30/6/99                        29
                           Stamps Act 1958
                                                                        s. 26A
                          Act No. 6375/1958

                  (c) the value of the marketable security or right
                      in respect of shares was reduced following
                      the transfer of ownership or control of assets
                      because the proceeds of that transfer were
                      not retained by the company.
             (2) In determining whether assets are necessary for
                 the continuing operation of a company the
                 Comptroller may take into account—
                  (a) whether or not the assets were removed from
                      the company's premises after the transfer of
                      ownership or control;
                  (b) whether or not the assets continued to be
                      used by the company under an arrangement
                      with the transferee.
             (3) This section does not apply if the Comptroller is
                 satisfied that the transfer of ownership or control
                 of assets—
                  (a) was part of the normal business operations of
                      the transferee; or
                  (b) was not part of a scheme or arrangement to
                      reduce duty payable on the transfer of the
                      marketable security or right in respect of
                      shares.
             (4) In this section—
                 "associated person" means a person who is
                      associated with another person in accordance
                      with any of the following provisions—
                        (a) persons are associated persons if they
                            are related persons;
                        (b) natural persons are associated persons if
                            they are partners in a partnership to
                            which the Partnership Act 1958
                            applies;



AB-30/6/99                          30
                                         Stamps Act 1958
 s. 27
                                        Act No. 6375/1958

                                     (c) private companies are associated
                                         persons if common shareholders have a
                                         majority interest in each private
                                         company;
                                     (d) trustees are associated persons if any
                                         person is a beneficiary common to the
                                         trusts (not including a public unit trust)
                                         of which they are trustees;
                                     (e) a private company and a trustee are
                                         associated persons if a related body
                                         corporate of the company (within the
                                         meaning of the Corporations Law) is a
                                         beneficiary of the trust (not including a
                                         public unit trust) of which the trustee is
                                         a trustee;
                               "private company" means a corporation that is
                                    not limited by shares, or whose shares are not
                                    listed on Australian Stock Exchange Limited
                                    or a recognised stock exchange;
                               "related persons" means persons who are related
                                    for the purposes of subdivision (7) of
                                    Division 31.
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
                               statement is untrue and that the instrument is in
                               fact insufficiently stamped.




                  AB-30/6/99                    31
                           Stamps Act 1958
                                                                         s. 28
                          Act No. 6375/1958

    28. Stamping of instruments after execution                        Nos 5204
                                                                       s. 28, 6104
                                                                       s. 4(1)(a)(2).

             (1) Save where other express provision is made in this    S. 28(1)
                                                                       amended by
                 Act, any unstamped or insufficiently stamped          No. 9662
                 instrument may be stamped after the execution         s. 23(c)(i)(ii).

                 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.
             (2) Save where other express provision is made in this    S. 28(2)
                                                                       amended by
                 Act in the case of such instruments as are            No. 6791 s. 3.
                 chargeable with ad valorem duty—
                  (a) the instrument unless it is written upon duly    S. 28(2)(a)
                                                                       amended by
                      stamped material shall be duly stamped with      No. 9662
                      the proper ad valorem duty before the            s. 19(b).

                      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;
                  (b) where the opinion of the Comptroller of          S. 28(2)(b)
                                                                       amended by
                      Stamps with respect to any such instrument       Nos 8006
                      has been required, the instrument shall be       s. 2(a), 9413
                                                                       s. 4(3).
                      stamped in accordance with the assessment
                      of the Comptroller of Stamps within the time
                      specified in the notice of the assessment:
                 Provided that where in the case of an instrument
                 of conveyance or transfer on sale of any real
                 property the instrument is first executed with the
                 intent that it should be held in escrow and a


AB-30/6/99                        32
                                             Stamps Act 1958
 s. 28A
                                            Act No. 6375/1958

                                   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              28A. Remission of penalty
inserted by
No. 119/1994
s. 21.
                                   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.
No. 5204 s. 29.       29. Unstamped instruments receivable in evidence in any
                          court on payment of duty and penalty
S. 29(1)                       (1) Upon the production of an instrument chargeable
amended by
No. 9413                           with any duty as evidence in any court of civil
s. 3(1)(a)–(c).                    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)                       (2) If the instrument is one (other than a bill of
amended by
No. 9413                           exchange or promissory note) which may legally
s. 3(2).                           be stamped after the execution thereof, it may on


                  AB-30/6/99                         33
                           Stamps Act 1958
                                                                          s. 30
                          Act No. 6375/1958

                 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          S. 29(3)(c)
                                                                        amended by
                      the name or title of the cause or proceeding      No. 65/1987
                      in which and of the party from whom he            s. 5(a).

                      received the said duty and penalty and the
                      date and the description of the instrument;
                      and
                  (d) pay to the Comptroller of Stamps the money        S. 29(3)(d)
                                                                        substituted by
                      received by the officer for the duty and          No. 65/1987
                      penalty.                                          s. 5(b).

             (4) Upon production to the Comptroller of Stamps of        S. 29(4)
                                                                        amended by
                 any instrument in respect of which any duty or         No. 65/1987
                 penalty has been paid as aforesaid together with       s. 5(c).

                 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                        No. 5204 s. 30.

                 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-30/6/99                        34
                                            Stamps Act 1958
 s. 31
                                           Act No. 6375/1958

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              32. Expression of opinion as to duty by Comptroller of
s. 32, 6104
s. 5.                     Stamps2
                               (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)                 (1A) A person requiring an opinion under sub-section
inserted by
No. 88/1986                    (1) more than two months after the execution of
s. 5(1).                       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.




                  AB-30/6/99                        35
                           Stamps Act 1958
                                                                         s. 32
                          Act No. 6375/1958

             (2) If the Comptroller of Stamps is of opinion that the
                 instrument is not chargeable with any duty, such
                 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   S. 32(3)
                                                                       amended by
                 instrument is chargeable with duty, he shall assess   No. 9413
                 the duty with which it is in his opinion chargeable   s. 4(1).

                 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.
        (3A) As soon as conveniently may be after an                   S. 32(3A)
                                                                       inserted by
             assessment is made under this section the                 No. 9413
             comptroller shall cause notice in writing of the          s. 4(2),
                                                                       substituted by
             assessment and of the amount to be paid to be             No. 9662
             served either personally or by post on the person         s. 19(c).

             liable to pay it or on the lodging party.
        (3B) The amount specified in the notice shall be               S. 32(3B)
                                                                       inserted by
             payable on or before the date specified in the            No. 9413
             notice together with any other amount which may           s. 4(2).

             be payable in accordance with any other provision
             of this Act.
        (3C) The omission to give any such notice shall not            S. 32(3C)
                                                                       inserted by
             invalidate the assessment and calculation made by         No. 9413
             the Comptroller.                                          s. 4(2).

        (3D) If an amount specified in a notice of assessment          S. 32(3D)
                                                                       inserted by
             under this section is not paid on or before the date      No. 10256
             for payment specified in the notice, there is             s. 6(1).

             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


AB-30/6/99                        36
                                            Stamps Act 1958
 s. 32
                                           Act No. 6375/1958

                                  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 first-mentioned amount is paid.
S. 32(3E)                (3E) The Comptroller may, if the Comptroller thinks
inserted by
No. 10256                     fit, mitigate or remit any penalty payable under
s. 6(1).                      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)                      (7) The Comptroller may, on his or her own motion or
substituted by
No. 76/1992                       at the request of any person whether before or
s. 34(1).                         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-30/6/99                        37
                           Stamps Act 1958
                                                                           s. 32AA
                          Act No. 6375/1958


             (8) The Comptroller of Stamps may, by notice in             S. 32(8)
                                                                         inserted by
                 writing given to a person who made an application       No. 88/1986
                 under sub-section (1A) (whether or not the              s. 5(2).

                 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       S. 32(9)
                                                                         inserted by
                 section applies as if the notice had been served        No. 88/1986
                 under sub-section (3A).                                 s. 5(2).

32AA. Refunds                                                            S. 32AA
                                                                         inserted by
                                                                         No. 104/1993
             (1) Proceedings for the refund or recovery of a             s. 38.
                 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 sub-
                      section (2); and
                  (b) the Comptroller has not, within the period of
                      3 months after the application was lodged—
                        (i) refunded the amount; or



AB-30/6/99                         38
                                         Stamps Act 1958
 s. 32AA
                                        Act No. 6375/1958

                                      (ii) applied the amount in accordance with
                                           sub-section (6)(d); or
                                     (iii) refunded part of the amount and applied
                                           the remainder in accordance with sub-
                                           section (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)                 (5) Sub-sections (1) and (2) do not apply to a person
amended by
No. 42/1996                    if the person claims to be entitled to receive a
s. 29(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—




              AB-30/6/99                        39
                           Stamps Act 1958
                                                                          s. 32A
                          Act No. 6375/1958

                        (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
                            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                            S. 32A
                                                                        inserted by
                                                                        No. 76/1992
             (1) The Comptroller must not make a refund of duty         s. 35.
                 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 sub-
                 section (1)(b) applies—



AB-30/6/99                        40
                                            Stamps Act 1958
 s. 32B
                                           Act No. 6375/1958

                                 (a) the applicant must—
                                       (i) not later than 90 days after receiving the
                                           refund, reimburse each other person for
                                           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)                   (5) In this section, "charge" includes pass on.
inserted by
No. 104/1993
s. 39.


S. 32B           32B. Application of section 32A to proceedings
inserted by
No. 104/1993
s. 40.
                                Section 32A applies in respect of proceedings
                                (within the meaning of section 32AA) for the


               AB-30/6/99                         41
                          Stamps Act 1958
                                                                         s. 33
                         Act No. 6375/1958

                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
                 (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.
    33. Default assessments                                            No. 5204 s. 33.
                                                                       S. 33
                                                                       amended by
                                                                       No. 8006
                                                                       s. 2(b),
                                                                       substituted by
                                                                       No. 8274 s. 19.

             (1) Where—                                                S. 33(1)
                                                                       amended by
                                                                       Nos 10256
                 (a) any person fails or neglects duly to furnish to   s. 6(2)(a)(c),
                     or lodge with the Comptroller of Stamps any       88/1986 s. 6.
                     statement return or other document as and
                     when he is required to do so by or under this
                     Act;
                 (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          S. 33(1)(c)
                                                                       amended by
                     suspect that any person is liable to pay any      Nos 9413 s. 5,
                     duty under this Act; or                           10256
                                                                       s. 6(2)(b).



                 (d) the Comptroller has reason to believe or          S. 33(1)(d)
                                                                       inserted by
                     suspect that a person is required to be           No. 10256
                     registered and, if so registered, would be        s. 6(2)(c).

                     liable to pay any duty under this Act—
                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



AB-30/6/99                       42
                                             Stamps Act 1958
 s. 33A
                                            Act No. 6375/1958

                                   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
                                   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)                       (5) Where an amount specified in a notice of
inserted by
No. 9991 s. 5.                     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 first-
                                   mentioned amount is paid.
S. 33(6)                       (6) The Comptroller may if he thinks fit mitigate or
inserted by
No. 9991 s. 5.                     remit any penalty payable under this section.
S. 33A              33A. Objections
inserted by
No. 8274 s. 19.




                  AB-30/6/99                        43
                           Stamps Act 1958
                                                                         s. 33A
                          Act No. 6375/1958

             (1) A person who is dissatisfied with any assessment      S. 33A(1)
                 made by the Comptroller of Stamps under this Act      amended by
                                                                       No. 10118
                 may, within 60 days after service of notice of the    s. 11(1).
                 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.
             (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) If an objection concerns the value of any land, the   S. 33A(4)
                                                                       substituted by
                 Comptroller must refer the matter to the Valuer-      No. 47/1999
                 General for a valuation of that land, whether or      s. 13.

                 not a valuation was obtained from the Valuer-
                 General under section 24AA(1) in respect of that
                 land.
             (5) The objector must pay the cost of the valuation       S. 33A(5)
                                                                       inserted by
                 under sub-section (4) if—                             No. 47/1999
                                                                       s. 13.
                  (a) the objector had provided any information to
                      the Comptroller as to the value of the land;
                      and
                  (b) the Valuer-General's valuation exceeds the
                      value provided by the objector by 15% or
                      more; and




AB-30/6/99                        44
                                             Stamps Act 1958
 s. 33B
                                            Act No. 6375/1958

                                    (c) the valuation as determined on the objection,
                                        or on appeal or review, exceeds the value
                                        provided by the objector by 15% or more.


S. 33B              33B. Reviews
inserted by
No. 8274 s. 19.
                               (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(1)(a)                        (a) in writing request the Comptroller to refer
amended by
Nos 10155                               the decision to the Victorian Civil and
s. 78(1)(a),                            Administrative Tribunal for review; or
91/1994
s. 30(a),
substituted by
No. 52/1998
s. 311(Sch. 1
item 82.1).


                                    (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.
                               (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)                      (3) Notwithstanding the provisions of sub-section (2),
amended by
No. 10155                          the Comptroller may within 30 days after
s. 78(1)(b).                       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—


                  AB-30/6/99                         45
                           Stamps Act 1958
                                                                           s. 33C
                          Act No. 6375/1958

                  (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.
  33C. Proceedings on references and appeals                             S. 33C
                                                                         inserted by
                                                                         No. 8274 s. 19.
             (1) Upon any review or appeal under this Act—
                  (a) unless the Court or the Tribunal otherwise         S. 33C(1)(a)
                                                                         amended by
                      orders, the objector shall be limited to the       Nos 10155
                      grounds stated in his objection and the            s. 78(1)(c),
                                                                         91/1994
                      Comptroller shall be limited to the grounds        s. 30(b)(i)(ii),
                      upon which he has disallowed the objection;        52/1998
                                                                         s. 311(Sch. 1
                      and                                                item 82.2).

                  (b) the burden of proving that the assessment is
                      excessive shall lie upon the objector.
             (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. Reviews concerning the value of land                              S. 33D
                                                                         inserted by
                                                                         No. 8274 s. 19,
             (1) If any matter is raised in a review under this Act in   amended by
                 relation to the value of land, the Tribunal has the     Nos 10155
                                                                         s. 78(1)(c),
                 same powers with respect to that matter as it has       91/1994
                 in a review under Part III of the Valuation of          s. 30(c)–(e),
                                                                         substituted by
                 Land Act 1960 and the provisions of that Part,          No. 52/1998
                 with any necessary modifications, apply                 s. 311(Sch. 1
                 accordingly.                                            item 82.3).

             (2) The powers of the Tribunal under sub-section (1)
                 are in addition to its powers and functions under
                 this Act and the Victorian Civil and
                 Administrative Tribunal Act 1998.


AB-30/6/99                        46
                                             Stamps Act 1958
 s. 33F
                                            Act No. 6375/1958

S. 33E                            *           *            *           *           *
inserted by
No. 8274 s. 19,
amended by
Nos 10155
s. 78(1)(d),
91/1994
s. 30(f)–(h),
repealed by
No. 52/1998
s. 311(Sch. 1
item 82.4).


S. 33F               33F. Appeals to Court
inserted by
No. 8274 s. 19.
                               (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.
                               (2) The costs of the appeal shall be in the discretion of
                                   the Court.
S. 33G              33G. Effect of reference or appeal on payment of amounts
inserted by
No. 8274 s. 19.
                               (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-30/6/99                        47
                           Stamps Act 1958
                                                                          s. 33GAA
                          Act No. 6375/1958

33GAA. Assessment of duty on two or more documents                      S. 33GAA
                                                                        inserted by
                 If the Comptroller of Stamps has assessed the duty     No. 88/1986
                 payable on two or more instruments and                 s. 7.

                 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.
                *           *           *           *           *       S. 33GA
                                                                        inserted by
                                                                        No. 10155
                                                                        s. 78(1)(e),
                                                                        repealed by
                                                                        No. 52/1998
                                                                        s. 311(Sch. 1
                                                                        item 82.4).

    34. Evidence by affidavit etc.                                      No. 5204 s. 34.
                                                                        S. 34
             (1) Where a person executes, or is involved or             substituted by
                                                                        No. 9991 s. 6.
                 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-30/6/99                        48
                                               Stamps Act 1958
 s. 35
                                              Act No. 6375/1958

                                   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
S. 35(1)                       (1) All public officers having in their custody any
amended by
No. 9662                           rolls books records papers documents or
s. 19(d)(e).                       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(2)                       (2) Every person who refuses to permit such
amended by
No. 9662                           inspection shall for every such refusal be liable to
s. 23(d).                          a penalty not exceeding 10 penalty units.
S. 35(3)                          *             *          *           *           *
inserted by
No. 9662
s. 19(f),
repealed by
No. 9991
s. 27(2)(a).

No. 5204 s. 36.       36. Inspection of documents etc.
S. 36(1)                       (1) The Comptroller of Stamps, or any officer
amended by
No. 9662                           authorized by the Comptroller of Stamps in
s. 19(g).                          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-30/6/99                         49
                           Stamps Act 1958
                                                                         s. 36
                          Act No. 6375/1958

                 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.
             (2) Any person who—                                        S. 36(2)
                                                                        amended by
                                                                        No. 9662
                  (a) in contravention of this section fails neglects   s. 23(e).
                      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-30/6/99                        50
                                             Stamps Act 1958
 s. 37
                                            Act No. 6375/1958

                                   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.
S. 36(6)                          *            *           *            *           *
inserted by
No. 9662
s. 19(h),
repealed by
No. 9991
s. 27(2)(b).

No. 5204 s. 37.       37. Unstamped instruments not to be received by public
S. 37
substituted by
                          officers
No. 7204
s. 6(d),                       (1) Where a person is under a duty to receive enrol
amended by                         enter or record any original instrument or a copy
No. 7268
s. 2(2),
                                   of any original instrument he shall not if the
substituted by                     original instrument is chargeable with duty under
No. 8006 s. 3.
                                   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-30/6/99                         51
                          Stamps Act 1958
                                                                         s. 38
                         Act No. 6375/1958

                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.
    38. How duties to be denoted                                       No. 5204 s. 38.

                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;
                  (b) when the whole or any part of the duty is        S. 38(b)
                                                                       amended by
                      denoted by an adhesive stamp, such adhesive      No. 88/1986
                      stamp shall be cancelled by the person by        s. 8.

                      whom the instrument is first executed or by a
                      person who witnesses that execution;
                  (c) in default of such cancellation, the person so   S. 38(c)
                                                                       amended by
                      executing the instrument shall be liable to a    No. 9662
                      penalty not exceeding 1 penalty unit.            s. 23(f).

    39. General direction as to the cancellation of adhesive           No. 5204 s. 39.

        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-30/6/99                        52
                                             Stamps Act 1958
 s. 40
                                            Act No. 6375/1958

                                    (b) unless it is otherwise proved that the stamp
                                        appearing on the instrument was affixed
                                        thereto at the proper time.
S. 39(2)                       (2) Every officer or person who being required by law
amended by
No. 9662                           to cancel an adhesive stamp wilfully neglects or
s. 23(g).                          refuses duly and effectually to do so in manner
                                   aforesaid shall be liable to a penalty not exceeding
                                   1 penalty unit.
No. 5204 s. 40.       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-30/6/99                        53
                            Stamps Act 1958
                                                                           s. 40A
                           Act No. 6375/1958

                 proceedings appear to be due together with the
                 costs of the proceedings.
  40A. Power to authorize payment of duty on a return                    S. 40A
                                                                         inserted by
       system                                                            No. 8006 s. 4.



             (1) The Comptroller of Stamps upon application in           S. 40A(1)
                                                                         amended by
                 the prescribed form by a person or a class of           Nos 9662
                 persons may by notice published in the                  s. 19(i),
                                                                         27/1995
                 Government Gazette declare that person or that          s. 4(a)(b).
                 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),
                                                                         repealed by
                                                                         No. 32/1999
                                                                         s. 6(1)(a).


             (3) An authorized person—
                    (a) may in the prescribed manner endorse any         S. 40A(3)(a)
                                                                         amended by
                        instrument within the class of instruments in    No. 32/1999
                        relation to which he has been declared an        s. 6(1)(b)(i).

                        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 or to be exempt
                        from duty (as the case may be);
                    (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


AB-30/6/99                          54
                                               Stamps Act 1958
 s. 40A
                                              Act No. 6375/1958

                                        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;
S. 40A(3)(c)                        (c) shall make records of endorsements in the
amended by
No. 32/1999                             form and containing the particulars
s. 6(1)(b)(ii).                         determined by the Comptroller of Stamps
                                        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.
S. 40A(4)                      (4) An authorized person must not—
amended by
No. 9662
s. 23(h),
                                    (a) knowingly endorse an instrument under sub-
substituted by                          section (3)(a) with an amount of duty less
No. 32/1999
s. 6(2).
                                        than the amount with which it is chargeable
                                        under this Act; or
                                    (b) fail to comply in any other way with sub-
                                        section (3)(a) or (c) or the regulations.
                                   Penalty:    5 penalty units.
S. 40A(4A)                (4A) An authorized person must not fail to comply with
inserted by
No. 32/1999                    sub-section (3)(b).
s. 6(2).
                                   Penalty:    20 penalty units plus an amount equal
                                               to double the amount that would have
                                               been payable if the sub-section had
                                               been complied with.
S. 40A(5)                      (5) A person other than an authorized person who
amended by
No. 9662                           endorses an instrument in any manner whatsoever
s. 23(i).                          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.




                  AB-30/6/99                         55
                             Stamps Act 1958
                                                                         s. 41
                            Act No. 6375/1958

                 Penalty:    10 penalty units or six months
                             imprisonment or both.
             (6) A charge for any offence under this section may       S. 40A(6)
                                                                       amended by
                 be filed at any time within three years after the     No. 57/1989
                 date on which the offence was committed.              s. 3(Sch. item
                                                                       184.6(a)(b)).


             (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.
        (7A) Nothing in sub-section (7) prevents the                   S. 40A(7A)
                                                                       inserted by
             Comptroller from recovering any duty chargeable           No. 32/1999
             on an instrument under this Act.                          s. 6(3).

             (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.
    41. Offset of overpaid duty by return                              S. 41
                                                                       inserted by
                                                                       No. 31/1997
                                                                       s. 13.



             (1) If an authorized person pays an amount to the         S. 41(1)
                                                                       amended by
                 Comptroller under section 40A(3)(b) in respect of     No. 32/1999
                 a period that is greater than the total amount of     s. 6(4).

                 duty with which each instrument endorsed by the
                 person under section 40A(3)(a) during that period
                 is chargeable under this Act as a result of—


AB-30/6/99                         56
                                  Stamps Act 1958
s. 41
                                 Act No. 6375/1958

                          (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 (being a
                         period within 3 years after the date on which the
                         overpayment was made) 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-30/6/99                        57
                          Stamps Act 1958
                                                                        s. 42
                         Act No. 6375/1958

   Division 2A—Approval of special return arrangements                Pt 2 Div. 2A
                                                                      (Heading and
                                                                      ss 42–47)
                                                                      inserted by
                                                                      No. 86/1997
                                                                       s. 16.

    42. Definition                                                    S. 42
                                                                      inserted by
                                                                      No. 86/1997
                 In this Division—                                    s. 16.
                 "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.
    43. Approval of special return arrangements                       S. 43
                                                                      inserted by
                                                                      No. 86/1997
             (1) The Comptroller, by written notice, may give         s. 16.
                 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-30/6/99                        58
                                         Stamps Act 1958
 s. 44
                                        Act No. 6375/1958

                           (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.
S. 44             44. Application for approval
inserted by
No. 86/1997
s. 16.
                           (1) An application for an approval under section 43
                               must be made to the Comptroller in a form
                               approved by the Comptroller.
                           (2) The Comptroller may grant or refuse an
                               application for an approval under section 43.
S. 45             45. Conditions of approval
inserted by
No. 86/1997
s. 16.
                           (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;
                                (f) if the approval provides an exemption from a
                                    requirement for the stamping of instruments,
                                    conditions as to the endorsement of the
                                    instruments;



              AB-30/6/99                        59
                             Stamps Act 1958
                                                                          s. 46
                            Act No. 6375/1958

                  (g) conditions requiring the person or agent to
                      whom the approval was given to keep
                      specified records.
    46. Gazettal or service of notices                                  S. 46
                                                                        inserted by
                                                                        No. 86/1997
                 A written notice under section 43(1) or 45(1) may      s. 16.
                 be given by—
                  (a) publishing it in the Government Gazette; or
                  (b) serving it on the person or agent to whom it
                      relates.
    47. Effect of approval                                              S. 47
                                                                        inserted by
                                                                        No. 86/1997
             (1) If an approval is given under section 43 to a          s. 16.
                 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—
                 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;


AB-30/6/99                         60
                                                Stamps Act 1958
 s. 55A
                                               Act No. 6375/1958

                                                 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, sub-
                                      sections (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.3




                     (4) Transfer of Marketable Securities; Direction as to Certain
                                                Shares
S. 55A                 55A. Application of subdivision
inserted by
No. 7416
s. 10(c),
substituted by
No. 9502
s. 3(1).

S. 55A(1)                         (1) The provisions of this subdivision do not apply to
amended by
No. 44/1994                           an SCH-regulated transfer to which subdivision
s. 5(1)(a)(i)(ii).                    (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.
S. 55A(2)                         (2) Where the Comptroller of Stamps is satisfied that
amended by
Nos 9662                              duty has been paid or will be paid under this Act
s. 6(1)(a)(i),                        on a transfer of a marketable security or a right in
10067 s. 4(a).
                                      respect of shares in a State, Territory or country in
                                      respect of which a proclamation under section
                                      60G is in force—




                     AB-30/6/99                         61
                       Stamps Act 1958
                                                                      s. 55B
                      Act No. 6375/1958

              (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
              (b) where the duty is paid or payable outside         S. 55A(2)(b)
                                                                    amended by
                  Victoria and would but for the provisions of      No. 9662
                  this clause by payable in Victoria and the        s. 6(1)(a)(ii).

                  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             S. 55B
                                                                    inserted by
       marketable securities                                        No. 9502
                                                                    s. 3(2).
             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
             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.




AB-30/6/99                    62
                                            Stamps Act 1958
 s. 56
                                           Act No. 6375/1958




Nos 5204             56. Stamping of transfers of marketable securities etc.
s. 56, 6104
s. 13.

S. 56(1)                      (1) A transfer of a marketable security or right in
amended by
Nos 6791 s. 5,                    respect of shares that is liable to duty under this
9502 s. 3(3),                     Act shall be stamped by the persons liable to pay
substituted by
No. 88/1986                       duty—
s. 9(a).
                                   (a) within three months after the transfer has
                                       been executed; or
                                   (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.
S. 56(1A)                (1A) For the purposes of sub-section (1) a transfer of a
inserted by
No. 10067                     marketable security or right in respect of shares
s. 4(b),                      which is effected by an instrument which is a
amended by
Nos 88/1986                   sufficient transfer under Division 3 of Part 7.13 of
s. 9(b),                      the Corporations Law shall be deemed to have
119/1994
s. 33(9)(b).                  been executed on the day upon which the stamp of
                              the transferee's broker was affixed to the
                              instrument.
S. 56(2)                      (2) If any transfer of a marketable security or right in
amended by
Nos 7416                          respect of shares to which this subdivision applies
s. 10(d), 9502                    is not duly stamped within the appropriate period
s. 3(4), 9662
s. 23(l).                         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.




                 AB-30/6/99                        63
                           Stamps Act 1958
                          Act No. 6375/1958

  56A. Assignment of interest under will etc.                             S. 56A
                                                                          inserted by
             (1) Every instrument by which the right or interest of       No. 6791 s. 6,
                 any person—                                              amended by
                                                                          No. 9662
                                                                          s. 6(1)(b)
                  (a) under the will or codicil of any deceased           (i)–(iii).
                      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.
             (2) Where a transfer of a marketable security or right       S. 56A(2)
                                                                          inserted by
                 in respect of shares is executed in respect of which     No. 9662
                 a right or interest referred to in sub-section (1)       s. 6(1)(b)(iv).

                 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-30/6/99                         64
                                             Stamps Act 1958
    57
 s. 56B
                                            Act No. 6375/1958

S. 56B              56B. Partition of marketable securities
inserted by
No. 7204                       (1) In determining the duty to be paid upon any
s. 4(1),                           transfer executed to give effect to a partition or
substituted by
No. 9662                           division of any marketable securities or rights in
s. 6(1)(c).                        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.
S. 56B(2)                      (2) Where a transfer of a marketable security is made
substituted by
No. 10256                          to a shareholder of a company in the course of any
s. 8(1).                           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—
                                    (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.
No. 5204 s. 57.       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-30/6/99                        65
                            Stamps Act 1958
                                                                          s. 59
                           Act No. 6375/1958

             (2) The duty on any other transfer of a marketable
                 security or right in respect of shares shall be
                 denoted by an impressed stamp.
             (3) Every adhesive stamp on a transfer on sale             S. 57(3)
                                                                        amended by
                 aforesaid shall be cancelled by any person liable to   No. 9662
                 pay the duty on the transfer.                          s. 6(1)(d).

                *            *           *           *             *    S. 58
                                                                        repealed by
                                                                        No. 7416
                                                                        s. 10(e).



    59. Statements of sales of marketable securities etc.               Nos 5204
                                                                        s. 59, 6104
                                                                        s. 14.


      (1AA) In this section a reference to a disposal of                S. 59(1AA)
                                                                        inserted by
            marketable securities or rights in respect of shares        No. 27/1995
            is deemed to be a reference to a disposal by                s. 5,
                                                                        amended by
            transfer of a marketable security as described in           No. 101/1995
            paragraph (a), (b), (c) or (d) of clause 1 in heading       s. 38(a)(b).

            IV(A) of the Third Schedule.
             (1) Every person (including any trustee company)           S. 59(1)
                                                                        substituted by
                 who disposes of any marketable securities or           No. 6791 s. 7,
                 rights in respect of shares shall—                     amended by
                                                                        Nos 7416
                                                                        s. 10(f), 9662
                    (a) furnish to the Comptroller of Stamps not        s. 6(1)(e)(i)(vi).
                        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—
                         (i) of all dispositions made by him            S. 59(1)(a)(i)
                                                                        amended by
                             (whether on his own behalf or as agent     Nos 6910 s. 3,
                             for another) during the last preceding     7047 s. 3(a),
                                                                        9662 s. 6(1)(e)
                             month of any marketable securities or      (ii).
                             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-30/6/99                         66
                                             Stamps Act 1958
 s. 59
                                            Act No. 6375/1958

                                             executed or no stamp duty was paid;
                                             and
S. 59(1)(a)(ii)                          (ii) of all dispositions of marketable
amended by
No. 7142 s. 2,                                securities or rights in respect of shares
substituted by                                made or effected by himself as trustee
No. 9662
s. 6(1)(e)(iii).                              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;
S. 59(1)(a)(iii)                        (iii) of all acquisitions effected or made by
inserted by
No. 7047                                      him (whether on his own behalf or as
s. 3(b),                                      agent for another) during the last
amended by
Nos 7142 s. 2,                                preceding month of debentures or other
9662 s. 6(1)(e)                               marketable securities payable to bearer
(iv).
                                              and transferred by delivery without the
                                              execution of any instrument of transfer;
                                              and
S. 59(1)(b)                         (b) pay to the Comptroller of Stamps as stamp
amended by
No. 9662                                duty on such statement a sum equal to the
s. 61(1)(e)(v).                         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.
S. 59(1)                        *             *            *           *            *
Proviso
repealed by
No. 7416
s. 10(g).

S. 59(1A)                  (1A) For the purposes of sub-section (1) every trustee
inserted by
No. 9662                        who is—
s. 6(1)(e)(vi),
amended by                          (a) notified of a disposition of a right or interest
No. 9911
s. 2(a).
                                        in a marketable security or right in respect of
                                        shares which he holds on behalf of a person;
                                        or



                   AB-30/6/99                       67
                       Stamps Act 1958
                                                                       s. 59
                      Act No. 6375/1958

              (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.
        (1B) For the purposes of sub-section (1), if—                S. 59(1B)
                                                                     inserted by
                                                                     No. 47/1999
               (a) marketable securities or rights in respect of     s. 14(1).
                   shares are vested in a person as trustee; and
              (b) the beneficial interest in those marketable
                  securities or rights in respect of shares is
                  transferred to that person—
             the person is deemed to have disposed of those
             marketable securities or rights in respect of shares.
        (1C) For the purposes of sub-section (1), if—                S. 59(1C)
                                                                     inserted by
                                                                     No. 47/1999
               (a) marketable securities or rights in respect of     s. 14(1).
                   shares are vested in a person; and
              (b) the person enters into an agreement for the
                  disposal of those marketable securities or
                  rights in respect of shares to another person
                  as trustee; and
               (c) before any instrument of transfer is executed,
                   the first-mentioned person is appointed
                   trustee in place of the other person—
             the person is deemed to have disposed of those
             marketable securities or rights in respect of shares.
        (1D) For the purposes of sub-section (1), if—                S. 59(1D)
                                                                     inserted by
                                                                     No. 47/1999
               (a) marketable securities or rights in respect of     s. 14(1).
                   shares are vested in a person; and
              (b) the marketable securities or rights in respect
                  of shares become subject to a trust for



AB-30/6/99                     68
                                            Stamps Act 1958
 s. 59
                                           Act No. 6375/1958

                                       another by reason of a declaration of trust by
                                       that person—
                                  the person is deemed to have disposed of those
                                  marketable securities or rights in respect of shares.
                              (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)                      (3) The statement so stamped shall be—
amended by
No. 7416
s. 10(h).
                                   (a) returned to the person making the statement;
                                       and
                                   (b) retained by him for a period of at least three
                                       years.
S. 59(4)                      (4) Any person who pays any amount to the
amended by
No. 7416                          Comptroller of Stamps under this section may—
s. 10(i).
                                   (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)                        (b) recover such amount from the said purchaser
amended by
Nos 7876                               in the Magistrates' Court as a civil debt
s. 2(3),                               recoverable summarily or in any court of
57/1989
s. 3(Sch. item                         competent jurisdiction.
184.7).
S. 59(5)                      (5) Any person who fails to comply with any of the
inserted by
Nos 7416                          provisions of this section shall be guilty of an
s. 10(j), 9662                    offence and for every such offence shall be liable
s. 23(m).
                                  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-30/6/99                        69
                            Stamps Act 1958
                                                                          s. 59A
                           Act No. 6375/1958

             (6) This section does not apply to—                        S. 59(6)
                                                                        inserted by
                    (a) a relevant transaction within the meaning of    No. 7416
                        section 59A the particulars of which are        s. 10(k),
                                                                        substituted by
                        required to be furnished to the Comptroller     No. 9911
                        of Stamps pursuant to section 59A; or           s. 2(b).

                    (b) any sale by a Victorian dealer to which the     S. 59(6)(b)
                                                                        amended by
                        provisions of subdivision (4AA) apply; or       No. 44/1994
                                                                        s. 5(1)(b)(c).


                    (c) an SCH-regulated transfer to which              S. 59(6)(c)
                                                                        inserted by
                        subdivision (4AB) applies.                      No. 44/1994
                                                                        s. 5(1)(c).


  59A. Definitions                                                      S. 59A
                                                                        inserted by
                                                                        No. 9911 s. 3.
             (1) In this section unless inconsistent with the context
                 or subject-matter—
                *            *           *           *           *      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             S. 59A(1)
                                                                        def. of
                     State or of a Territory declared under sub-        "correspond-
                     section (2A) to be a corresponding law for         ing law"
                                                                        inserted by
                     the purposes of this section;                      No. 10256
                                                                        s. 7(1)(a).


                 "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-30/6/99                         70
                                          Stamps Act 1958
 s. 59A
                                         Act No. 6375/1958

                                "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)                       "relevant transaction" means a disposition of
def. of
"relevant                            marketable securities or rights in respect of
transaction"                         shares of a municipal or other corporation,
amended by
No. 10256                            company or society which has a register in
s. 7(1)(b).                          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)             (2A) The Governor in Council may, by notice published
inserted by
No. 10256                   in the Government Gazette, declare a law of
s. 7(1)(c).                 another State or of a Territory to be a
                            corresponding law for the purposes of this section.
S. 59A(3)                   (3) A declaration under sub-section (2) or (2A) may at
amended by
No. 10256                       any time be revoked by the Governor in Council
s. 7(1)(d).                     by notice published in the Government Gazette.
                            (4) Where a person to whom this section applies—
S. 59A(4)(a)                     (a) is notified of a disposition to another person
amended by
No. 10256                            of a right or interest in a marketable security
s. 7(1)(e).                          or right in respect of shares which the first-
                                     mentioned person holds as trustee on behalf
                                     of a person; or
S. 59A(4)(b)                     (b) is directed to hold a marketable security or
amended by
No. 10256                            right in respect of shares on behalf of a
s. 7(1)(e).



               AB-30/6/99                        71
                           Stamps Act 1958
                                                                          s. 59A
                          Act No. 6375/1958

                      person other than a person on behalf of
                      whom the first-mentioned person holds that
                      security or right—
                 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            S. 59A(5)(a)
                                                                        amended by
                      statement in the prescribed form verified in      No. 10256
                      the prescribed manner setting out the             s. 7(1)(f).

                      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.
             (7) Sub-section (5) does not apply to or in respect of a
                 relevant transaction where the disposition to
                 which the relevant transaction relates—




AB-30/6/99                        72
                                          Stamps Act 1958
 s. 59A
                                         Act No. 6375/1958

                                 (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)                   (ab) is in respect of marketable securities or rights
inserted by
No. 10256                            in respect of shares of a municipal or other
s. 7(1)(g).                          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)                     (d) is made or effected by a jobber to a broker
amended by
Nos 10256                            who acquired the marketable securities or
s. 7(1)(h)(i),                       rights in respect of shares as principal where,
88/1986
ss 10(a)(i)(ii),                     within ten clear days (not including any day
11(1)(a).                            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-30/6/99                    73
                          Stamps Act 1958
                                                                           s. 59A
                         Act No. 6375/1958

                  (e) is made or effected by a broker as principal       S. 59A(7)(e)
                      within ten clear days (not including any day       substituted by
                                                                         No. 10256
                      on which The Stock Exchange is closed for          s. 7(1)(j),
                      business) after the broker acquired those          amended by
                                                                         No. 88/1986
                      marketable securities or rights in respect of      s. 11(1)(a).
                      shares as principal—
                        (i) to a jobber; or
                       (ii) to another broker as principal where,        S. 59A(7)(e)(ii)
                                                                         amended by
                            within ten such clear days after the         No. 88/1986
                            acquisition, the other broker disposed       s. 11(1)(a).

                            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     S. 59A(7)(ea)
                                                                         inserted by
                      Victorian dealer within the meaning of             No. 9991
                      section 60A; or                                    s. 7(1).

                  (f) is made or effected by a jobber to another
                      jobber.
             (8) Where a relevant transaction is made—                   S. 59A(8)
                                                                         amended by
                                                                         No. 10256
                                                                         s. 7(1)(m).



                  (a) by a person to whom this section applies as        S. 59A(8)(a)
                                                                         amended by
                      trustee for a broker to the person as trustee      No. 10256
                      for a jobber; or                                   s. 7(1)(k).

                  (b) by a person to whom this section applies as        S. 59A(8)(b)
                                                                         amended by
                      trustee for a jobber to the person as trustee      No. 10256
                      for a broker; or                                   s. 7(1)(l).

                  (c) by a person to whom this section applies as        S. 59A(8)(c)
                                                                         inserted by
                      trustee for another person to the first-           No. 10256
                      mentioned person as trustee for a broker who       s. 7(1)(m),
                                                                         amended by
                      acquired the marketable securities or rights       No. 88/1986
                      in respect of shares as principal where,           ss 10(b)(i)(ii),
                                                                         11(1)(a).
                      within ten clear days (not including any day
                      on which The Stock Exchange is closed for
                      business) after acquisition, the broker


AB-30/6/99                        74
                                             Stamps Act 1958
 s. 60
                                            Act No. 6375/1958

                                        disposed of the broker's beneficial interest in
                                        those marketable securities or rights; or
S. 59A(8)(d)                        (d) by a person to whom this section applies as
inserted by
No. 10256                               trustee for a broker as principal within ten
s. 7(1)(m),                             such clear days after acquisition to the person
amended by
No. 88/1986                             as trustee for another person—
ss 10(c),
11(1)(a).

                                   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)                      (9) A person to whom this section applies shall, for
amended by
No. 10256                          the purposes of this Act, keep such books as are
s. 7(1)(n).                        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.
No. 5204 s. 60.       60. Issue or allotment of shares by direction
S. 60
amended by
Nos 6455 s. 2,
6839
s. 4(Sch. 1
Pt 3(n)).

S. 60(1)                       (1) Where—
amended by
Nos 9662
s. 23(n), 9699
                                    (a) any person; or
s. 23,
119/1994 s.
                                    (b) the nominees of any person; or
33(9)(c).
                                    (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


                  AB-30/6/99                        75
                           Stamps Act 1958
                          Act No. 6375/1958

                 company issues or allots any of such shares to any
                 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       S. 60(1)
                                                                      Proviso (i)
                      respect of shares in regard to which an         amended by
                      instrument of transfer has been executed and    No. 9662
                                                                      s. 6(1)(f)(i).
                      is required to be and is duly stamped
                      pursuant to this Act; or
                  (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   S. 60(2)
                                                                      amended by
                 by the nominator and denoted by an impressed         No. 9662
                 stamp.                                               s. 6(1)(f)(ii).

                                                                      Pt 2 Div. 3
                 (4A) Marketable securities general                   Subdiv. (4A)
                                                                      (Heading)
                                                                      inserted by
                                                                      No. 7416
                                                                      s. 10(l),
                                                                      substituted by
                                                                      No. 44/1994
                                                                      s. 5(1)(d).
                                                                      Pt 2 Div. 3
                                                                      Subdiv. (4A)
                                                                      (ss 60A–60E)
                                                                      inserted by
                                                                      No. 7416
                                                                      s. 10(l).




AB-30/6/99                        76
                                             Stamps Act 1958
 s. 60A
                                            Act No. 6375/1958

S. 60A             60A. Definitions
inserted by
No. 7416
s. 10(l).


S. 60A(1)                        *             *           *           *             *
amended by
No. 10067
s. 4(c),
repealed by
No. 44/1994
s. 5(1)(e).

S. 60A(1A)               (1A) The Governor in Council may, by proclamation
inserted by
No. 10067                     published in the Government Gazette, declare any
s. 4(d),                      law in force in any State or Territory of the
amended by
No. 44/1994                   Commonwealth to be a "corresponding Act" for
s. 5(1)(f).                   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)                     (2) The provisions of this subdivision and subdivision
amended by
Nos 8465                          (4AA) and the charge for duty on the return
s. 15, 44/1994                    referred to therein shall apply to and have effect
s. 5(1)(g)(h).
                                  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)                     (3) For the purposes of this subdivision and
inserted by
No. 9413                          subdivision (4AA) and of the Third Schedule,
s. 6(1),                          Heading IV(A)—
amended by
No. 44/1994
s. 5(1)(i).
                                     (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—




                 AB-30/6/99                          77
                     Stamps Act 1958
                                                                     s. 60A
                    Act No. 6375/1958

                   (i) having been issued for a fixed term
                       which has not expired, it is, at or after
                       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


AB-30/6/99                   78
                                           Stamps Act 1958
 s. 60B
                                          Act No. 6375/1958

                                      expired or not having been issued for a fixed
                                      term, is repayable forthwith upon the request
                                      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)                    (4) A marketable security that is sold or purchased is
inserted by
No. 9413                         not short-dated if it is of a prescribed class of
s. 6(1).                         marketable security.
S. 60A(5)                    (5) For the purposes of this subdivision and
inserted by
No. 47/1999                      subdivision (4AA) and of the Third Schedule,
s. 14(2).                        Heading IV(A), a reference to a sale or purchase
                                 of marketable securities or rights in respect of
                                 shares includes a reference to a transaction that, on
                                 completion by the parties, results in a company
                                 buying-back its own shares in accordance with
                                 Division 2 of Part 2J.1 of the Corporations Law.
Pt 2 Div. 3
Subdiv. (4AA)           (4AA) Duty on sales and purchases by brokers
(Heading)
inserted by
No. 44/1994
s. 5(1)(j).


S. 60B            60B. Sales and purchases to be recorded
inserted by
No. 7416
s. 10(l).


S. 60B(1)                    (1) Subject to sub-sections (3), (4), (4A), (5) and
amended by
Nos 7830                         (5A), a Victorian dealer shall forthwith on a sale
s. 4(a),                         or purchase being made, or being deemed to have
65/1988
s. 4(1),                         been made, whether within or without Victoria—
42/1996 s.
23(1).                            (a) pursuant to an order lodged with him in
                                      Victoria; or
                                  (b) on his own account or behalf—




                AB-30/6/99                        79
                           Stamps Act 1958
                                                                          s. 60B
                          Act No. 6375/1958

                 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;
                       (iv) the quantity and full description of the    S. 60B(1)(b)(iv
                                                                        ) amended by
                            marketable security or right in respect     No. 9413
                            of shares including, if the amount of       s. 6(2).

                            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


AB-30/6/99                        80
                                                 Stamps Act 1958
 s. 60B
                                                Act No. 6375/1958

                                            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
                                            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)                            (a) the transfer in respect of which would be
amended by
No. 10118                                   exempt from duty under clause (2), (3) or
s. 6(3).                                    (15) of the exemptions under Heading IV(A)
                                            of the Third Schedule;
S. 60B(4)(b)                            (b) by Her Majesty in right of the State of
amended by
Nos 10219                                   Victoria or by any municipality, the
s. 11(11)(a),                               Municipal Association of Victoria, the
65/1987
s. 27(1)(a),                                Western Metropolitan Market Trust or any
29/1988                                     authority under the Water Act 1989;
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),
47/1999
s. 14(3)(a)(i)(ii).




                      AB-30/6/99                        81
                           Stamps Act 1958
                                                                        s. 60B
                          Act No. 6375/1958

                  (c) for any religious charitable or educational     S. 60B(4)(c)
                      purpose or by any corporation or body of        substituted by
                                                                      No. 9120 s. 4.
                      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.
        (4A) Sub-section (1) does not apply to any purchase of        S. 60B(4A)
                                                                      inserted by
             a marketable security, being a share in a Victorian      No. 42/1996
             registered company, where the company buys back          s. 23(2),
                                                                      amended by
             the share as permitted by Division 2 of Part 2J.1 of     No. 47/1999
             the Corporations Law (other than a buy-back that         s. 14(3)(b).

             is effected by the purchaser under one or more
             agreements, arrangements or understandings that
             the purchaser will issue shares).
             (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              S. 60B(5A)
                                                                      inserted by
             purchase of marketable securities or rights in           No. 65/1988
             respect of shares to which subdivision (5) applies.      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   S. 60B(7)
                                                                      substituted by
                 a legible written form, or so as to be readily       No. 44/1994
                 convertible into such a form, for a period of not    s. 5(2).

                 less than 3 years from the date of the sale or
                 purchase.
             (8) The Comptroller may require a Victorian dealer to
                 keep such additional records of such sales or
                 purchases as he considers necessary.



AB-30/6/99                        82
                                                Stamps Act 1958
 s. 60C
                                               Act No. 6375/1958

S. 60B(9)                       (9) A Victorian dealer who fails to make or keep such
amended by                          a record or such additional records as required by
No. 9662
s. 23(o).                           the Comptroller shall be guilty of an offence
                                    against this Act.
                                    Penalty:    10 penalty units.
S. 60B(10)                 (10) A Victorian dealer shall at reasonable times permit
amended by
No. 9662                        the Comptroller or any inspector or other officer
s. 23(p).                       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:    10 penalty units.
S. 60C               60C. Returns to be lodged and duty paid
inserted by
No. 7416
s. 10(l),
                                (1) A Victorian dealer must—
amended by
Nos 7830
                                     (a) not later than Thursday of each week lodge
s. 4(b), 8157                            with the Comptroller a return in duplicate of
s. 3(2), 9413
s. 6(3), 9662
                                         the sales and purchases to which section 60B
s. 23(q),                                applies made by the Victorian dealer
88/1986
ss 11(1)(b), 12,
                                         otherwise than on the dealer's own account
52/1995                                  or behalf or on behalf of a futures member
s. 4(1),
substituted by
                                         and required to be included in a return under
No. 101/1995                             sub-section (3), during the last preceding
s. 39.                                   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) 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 of4, 5—
                                           (i) if the total consideration is less than
                                               $100, 3·5 cents for every $25 and also

                   AB-30/6/99                         83
                          Stamps Act 1958
                                                                        s. 60C
                         Act No. 6375/1958

                           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
                      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


AB-30/6/99                        84
                                   Stamps Act 1958
s. 60C
                                  Act No. 6375/1958

                                (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—
                                (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



         AB-30/6/99                        85
                           Stamps Act 1958
                                                                         s. 60C
                          Act No. 6375/1958

                       (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
                      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 sub-
                 section (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




AB-30/6/99                         86
                           Stamps Act 1958
                          Act No. 6375/1958

                  (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
                 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.




AB-30/6/99                         87
                             Stamps Act 1958
                                                                          s. 60D
                            Act No. 6375/1958

  60D. Endorsement as to payment of duty                                S. 60D
                                                                        inserted by
             (1) On the making of a record relating to a sale or        No. 7416
                 purchase in accordance with section 60B(1), or the     s. 10(l),
                                                                        amended by
                 making of a sale or purchase to which section          Nos 9662
                 60B(1) does not apply by virtue of the operation of    s. 23(r),
                                                                        65/1988
                 section 60B(4), (5) or (5A), the Victorian dealer      s. 4(3),
                 must—                                                  substituted by
                                                                        No. 44/1994
                  (a) if the transfer on the sale or purchase is not    s. 6.

                      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
                      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—


AB-30/6/99                         88
                                       Stamps Act 1958
    60EA
 s. 60E
                                      Act No. 6375/1958

                              (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.
S. 60E            60E. Power to dealer to recover duty from vendor etc.
inserted by
No. 7416
s. 10(l).
                             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—
                              (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)          (4AB) Duty on certain SCH-regulated transfers
(Heading and
ss 60EA–
60EH)
inserted by
No. 44/1994
s. 7.


S. 60EA          60EA. Application of subdivision
inserted by
No. 44/1994
s. 7.
                             This subdivision applies to an SCH-regulated
                             transfer of a marketable security only where—
                              (a) the transfer is a proper SCH transfer; and



                AB-30/6/99                    89
                     Stamps Act 1958
                    Act No. 6375/1958

             (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)
                                                                    amended by
                                                                    No. 42/1996
                  (i) a share, or a right or CUFS in respect of     s. 24(1)(a)–(c)
                      a share, in a Victorian registered            (2)(a)(b),
                                                                    substituted by
                      company; or                                   No. 103/1998
                                                                    s. 20.
                  (ii) a share, or a right or CUFS in respect of
                       a share, in a corporation incorporated
                       outside Australia, being a share that is
                       kept on the Australian register kept in
                       Victoria; or
                 (iii) a right or interest (whether described as
                       a unit or sub-unit or otherwise), or a
                       CUFS in respect of a right or interest,
                       of a beneficiary under a unit trust
                       scheme, being a right or interest that is
                       registered on a register kept in Victoria;
                       or
                 (iv) a right or interest (whether described as
                      a unit or sub-unit or otherwise), or a
                      CUFS in respect of a right or interest,
                      of a beneficiary under a unit trust
                      scheme, being a right or interest that is
                      not registered on a register kept in
                      Australia but in respect of which the
                      manager (or, if there is no manager, the
                      trustee) of the unit trust scheme—
                       (A) is a Victorian registered company;
                           or
                       (B) is a natural person resident in
                           Victoria; or
                  (v) an IR in respect of a share in a
                      Victorian registered company; or



AB-30/6/99                   90
                                         Stamps Act 1958
    60EC
 s. 60EB
                                        Act No. 6375/1958

                                     (vi) an instalment warrant providing
                                          beneficial ownership in respect of
                                          shares in a Victorian registered
                                          company; and
                                (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).
S. 60EB        60EB. Transfer documents treated as instruments of transfer
inserted by
No. 44/1994
s. 7.
                               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.
S. 60EC        60EC. SCH participant liable to pay duty
inserted by
No. 44/1994
s. 7.
                           (1) Where duty is chargeable in respect of an SCH-
                               regulated 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
                               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        60ED. Record of SCH-regulated transfers
inserted by
No. 44/1994
s. 7.
                           (1) A record must be made in accordance with this
                               section immediately on the making of an SCH-



              AB-30/6/99                         91
                          Stamps Act 1958
                                                                            s. 60ED
                         Act No. 6375/1958

                regulated 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
                 (g) the amount of duty chargeable in accordance          S. 60ED(3)(g)
                                                                          amended by
                     with the Heading IV(A) of the Third                  No. 27/1995
                     Schedule in respect of the transfer; and             s. 6.

                 (h) if ad valorem duty is not chargeable in
                     respect of the transfer, a statement of the
                     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




AB-30/6/99                        92
                                           Stamps Act 1958
 s. 60EE
                                          Act No. 6375/1958

                                 (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.
S. 60EE        60EE. Particulars to be included by relevant participant in
inserted by
No. 44/1994          transfer document
s. 7.
                               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.
S. 60EF        60EF. Relevant SCH participant's identification code
inserted by
No. 44/1994          equivalent to stamping
s. 7.
                               When the relevant SCH participant's identification
                               code is included in the transfer document for an
                               SCH-regulated transfer to which this subdivision
                               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       60EG. Report to be made and duty paid
inserted by
No. 44/1994
s. 7.




              AB-30/6/99                         93
                             Stamps Act 1958
                            Act No. 6375/1958

             (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
                      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


AB-30/6/99                         94
                                            Stamps Act 1958
    60EI
 s. 60EH
                                           Act No. 6375/1958

                                  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.
S. 60EH          60EH. Refund for error transaction
inserted by
No. 44/1994
s. 7.
                                  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.
Pt 2 Div. 3
Subdiv. (4AC)                    (4AC) The Securities Clearing House
(Heading and
ss 60EI–60EL)
inserted by
No. 44/1994
s. 7.



S. 60EI           60EI. Registration as the securities clearing house
inserted by
No. 44/1994
s. 7.
                              (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.
                              (2) The registration is subject to conditions
                                  determined by the Comptroller from time to time
                                  and notified to SCH by writing.
S. 60EI(3)                    (3) Except as provided in sub-section (4), the
substituted by
No. 101/1995                      registration continues in force until cancelled by
s. 40.                            the Comptroller of Stamps on the application of
                                  the body.
S. 60EI(4)                    (4) The Comptroller of Stamps may, by notice in
inserted by
No. 101/1995                      writing given to the body, suspend the registration
s. 40.                            of the body for a specified period for


                 AB-30/6/99                         95
                           Stamps Act 1958
                          Act No. 6375/1958

                 contravention of, or failure to comply with, a
                 provision of this subdivision or a condition of
                 registration.
 60EJ. Monthly return                                                  S. 60EJ
                                                                       inserted by
                                                                       No. 44/1994
             (1) SCH must, on or before the 15th day of each           s. 7.
                 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 SCH-
                      regulated 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).
             (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.



AB-30/6/99                        96
                                             Stamps Act 1958
    60EL
 s. 60EK
                                            Act No. 6375/1958

                               (5) The Comptroller may at any time remit any
                                   penalty duty, or part of any penalty duty, payable
                                   under this section.
S. 60EK           60EK. Particulars reported by participants to be kept by SCH
inserted by
No. 44/1994
s. 7.
                                   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.


S. 60EL            60EL. Disclosure to SCH of information
inserted by
No. 44/1994
s. 7.
                                   Nothing in this Act prevents the disclosure to SCH
                                   of information acquired in, or in connection with,
                                   the administration of this Part.
Pt 2 Div. 3
Subdiv. (4B)       (4B) Registration of Transfer of Shares &c. by Corporations
(Heading and
s. 60F)
inserted by
No. 7416
s. 10(l).
S. 60F               60F. Transfers of marketable securities not to be registered
inserted by
No. 7416                  unless duly stamped
s. 10(l).
                               (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—
S. 60F(1)(a)                        (a) in the case of a transfer to which subdivision
amended by
No. 119/1994                            (4) or (4AB) of this Division applies and
s. 22(a).                               which is liable to duty under this Act—
S. 60F(1)(a)(i)                           (i) unless a proper transfer has been
amended by
No. 44/1994                                   delivered to the corporation company or
s. 8(1)(a).                                   society wherein, in the case of a transfer
                                              by way of sale, the consideration
                                              therefor is expressed in terms of money


                  AB-30/6/99                        97
                           Stamps Act 1958
                                                                           s. 60F
                          Act No. 6375/1958

                            and the actual date of sale and the date
                            or dates of execution by the transferor
                            and transferee are set out; and
                       (ii) unless the transfer is duly stamped or an    S. 60F(1)(a)(ii)
                                                                         amended by
                            officer of the company, corporation or       No. 44/1994
                            society has, by notice in writing,           s. 8(1)(b),
                                                                         substituted by
                            expressed the opinion that the transfer      No. 119/1994
                            is, by reason of the exemptions under        s. 22(b),
                                                                         amended by
                            heading IV in the Third Schedule, other      No. 31/1997
                            than clause (5) (except paragraph (b),       s. 14.

                            (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
                  (b) in the case of a transfer to perfect a sale or     S. 60F(1)(b)
                                                                         amended by
                      purchase to which subdivision (4AA)                Nos 44/1994
                      applies—                                           s. 8(1)(c),
                                                                         119/1994
                                                                         s. 22(c).


                        (i) unless a proper transfer has been            S. 60F(1)(b)(i)
                                                                         amended by
                            delivered to the corporation company or      No. 44/1994
                            society; and                                 s. 8(1)(a).

                       (ii) unless the transfer is under sub-section
                            (3) of section 60D deemed to have been
                            duly stamped.
             (2) After a transfer other than an SCH-regulated            S. 60F(2)
                                                                         amended by
                 transfer of any marketable security or of any right     Nos 7830
                 in respect of shares has been registered recorded       s. 4(c),
                                                                         44/1994
                 or entered in the books of the corporation              s. 8(1)(a)(d),
                 company or society in Victoria the transfer and, if     119/1994
                                                                         s. 22(d).
                 applicable, the notice of the officer of the
                 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


AB-30/6/99                         98
                                          Stamps Act 1958
 s. 60G
                                         Act No. 6375/1958

                                any particular case the Comptroller of Stamps
                                allows.
S. 60F(2A)             (2A) SCH must keep the prescribed particulars of each
inserted by
No. 44/1994                 SCH-regulated transfer for not less than 5 years
s. 8(2).                    after the transfer is made and must provide to the
                            Comptroller of Stamps such particulars of the
                            transfer as the Comptroller requires.
S. 60F(3)                   (3) If any corporation company or society contravenes
amended by
No. 9662                        or fails to observe any of the provisions of this
s. 23(s).                       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.
                            (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.
Pt 2 Div. 3
Subdiv. (4C)     (4C) Duty on Transactions on Branch and other Registers
(Heading and
ss 60G, 60H)
inserted by
No. 7830
s. 5(1),
amended by
No. 10256
s. 7(2).

S. 60G
inserted by
                 60G. Definitions6
No. 7830
s. 5(1).




               AB-30/6/99                        99
                            Stamps Act 1958
                                                                           s. 60H
                           Act No. 6375/1958

                *            *            *           *              *   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).

             (2) The Governor in Council may by proclamation             S. 60G(2)
                                                                         amended by
                 published in the Government Gazette proclaim a          No. 10067
                 State or Territory of the Commonwealth or any           s. 4(f).

                 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                                 S. 60H
                                                                         inserted by
                                                                         No. 7830
                                                                         s. 5(1).



             (1) A company incorporated or taken to be                   S. 60H(1)
                                                                         amended by
                 incorporated in Victoria must, not later than the       No. 9699 s. 23,
                 14th day of each month, lodge a return containing       substituted by
                                                                         No. 10256
                 such particulars and information as is prescribed       s. 7(4),
                 in respect of all entries made in the preceding         amended by
                                                                         No. 119/1994
                 month on a register kept by the company, whether        s. 33(9)(e),
                 within or outside the State, for a transfer,            substituted by
                                                                         No. 27/1995
                 including an SCH-regulated transfer, of a               s. 7(2).
                 marketable security if7—
                    (a) there is an instrument of transfer and the
                        instrument is not duly stamped and is not
                        exempt from duty; or
                    (b) the transfer is an SCH-regulated transfer and
                        the duty payable under this Act on the
                        transfer has not been paid.




AB-30/6/99                         100
                                          Stamps Act 1958
 s. 60H
                                         Act No. 6375/1958

                            (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.
S. 60H(3A)             (3A) Where duty has already been paid under this Act
inserted by
No. 9502                    on a transfer with respect to which a return has
s. 3(5).                    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.
                            (4) The duty chargeable on a return lodged in
                                accordance with this section shall be payable by
                                the company which lodges the return under sub-
                                section (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.
S. 60H(6)                   (6) A company which—
amended by
No. 9662
s. 23(t)(i).
                                 (a) neglects or fails to lodge a return as required
                                     by this section;
                                 (b) lodges a return which is false in any material
                                     particular; or



               AB-30/6/99                        101
                           Stamps Act 1958
                          Act No. 6375/1958

                  (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.
             (7) A company shall at all reasonable times permit the     S. 60H(7)
                                                                        amended by
                 Comptroller or any inspector or other officer          No. 10256
                 authorized by him to enter on premises to inspect      s. 7(5).

                 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.
             (8) A company or any director or employé of such           S. 60H(8)
                                                                        amended by
                 company who fails or refuses to comply with any        No. 9662
                 of the provisions of sub-section (7) shall be liable   s. 23(t)(ii).

                 to a penalty not exceeding 10 penalty units for
                 every offence.
                                                                        Pt 2 Div. 3
     (5) Duty on sales and purchases by futures members                 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.
                                                                        31/1997 s. 15.




AB-30/6/99                        102
                                              Stamps Act 1958
    60K
 s. 60J
                                             Act No. 6375/1958

S. 60I                           *             *            *            *            *
inserted by
No. 65/1988
s. 5 amended
by No.
44/1994 s.
8(3), repealed
by No.
101/1995
s. 41.
S. 60J              60J. Application of subdivision
inserted by
No. 65/1988
s. 5.
                                  This subdivision applies to a sale or purchase of
                                  marketable securities or rights in respect of shares
                                  if the sale or purchase—
                                     (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.


S. 60K             60K. Sales and purchases by futures members
inserted by
No. 65/1988
s. 5.
                              (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
                                     (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



                 AB-30/6/99                          103
                             Stamps Act 1958
                                                                          s. 60L
                            Act No. 6375/1958

                  (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.
             (3) A futures member—                                      S. 60K(3)
                                                                        amended by
                                                                        No. 42/1996
                  (a) must comply with a requirement under sub-         s. 25.
                      section (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:    10 penalty units.
  60L. Returns by futures members                                       S. 60L
                                                                        inserted by
                                                                        No. 65/1988
                                                                        s. 5.



             (1) A futures member must, not later than the 7th day      S. 60L(1)
                                                                        substituted by
                 of each month—                                         No. 101/1995
                                                                        s. 42(1).
                  (a) lodge with the Comptroller of Stamps a
                      return in the prescribed form of sales and




AB-30/6/99                        104
                                            Stamps Act 1958
 s. 60L
                                           Act No. 6375/1958

                                       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.
S. 60L(2)                     (2) A futures member is not required to lodge a return
substituted by
No. 101/1995                      under sub-section (1) in respect of a month if sub-
s. 42(1).                         section (1)(a) does not apply to the futures
                                  member in respect of that month.
                              (3) A futures member is not required to pay stamp
                                  duty under sub-section (1) in respect of sales or

                 AB-30/6/99                        105
                            Stamps Act 1958
                                                                              s. 62F
                           Act No. 6375/1958

                 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
        (5B) Takeovers of Victorian public companies                        Subdiv. (5B)
                                                                            (Heading and
                                                                            ss 62F–62J)
                                                                            inserted by
                                                                            No. 86/1997
                                                                            s. 17.



   62F. Definitions                                                         S. 62F
                                                                            inserted by
                                                                            No. 86/1997
             (1) In this subdivision—                                       s. 17.
                 "capital reduction" means—
                        (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


AB-30/6/99                         106
                                         Stamps Act 1958
 s. 62G
                                        Act No. 6375/1958

                                     (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)8;
                               "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.
S. 62G          62G. Statement on entitlement to voting shares
inserted by
No. 86/1997
s. 17.
                           (1) If—
                                (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



              AB-30/6/99                       107
                          Stamps Act 1958
                         Act No. 6375/1958

                  (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.
  62H. Form of statement                                                 S. 62H
                                                                         inserted by
                                                                         No. 86/1997
                The statement required to be lodged under section        s. 17.
                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
                            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


AB-30/6/99                       108
                                         Stamps Act 1958
    62J
 s. 62I
                                        Act No. 6375/1958

                                (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.
S. 62I           62I. Assessment and payment of duty
inserted by
No. 86/1997
s. 17.
                           (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.
S. 62J           62J. Offences relating to statements
inserted by
No. 86/1997
s. 17.
                               A person must not—



              AB-30/6/99                       109
                             Stamps Act 1958
                                                                          s. 63
                            Act No. 6375/1958

                  (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:    50 penalty units.


                                                                        Nos 5204
     (6) Conveyance of Real Property and Land Transfer                  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 as
                                                                        Pt Div. 3
                                                                        Subdiv. (6)
                                                                        (Heading and
                                                                        ss 63–72) by
                                                                        No. 9662 s. 7.
    63. Definitions                                                     S. 63
                                                                        substituted by
                                                                        Nos 9662 s. 7,
             (1) In this subdivision and in the provisions of the       9991 s. 8(1).
                 Third Schedule under Heading VI—
                 "conveyance" includes transfer;
                 "convey" includes transfer;
                 "real property" includes any estate or interest in
                      real property;
                 "real property used for primary production"
                      means real property or property used
                      primarily for—


AB-30/6/99                        110
                                              Stamps Act 1958
 s. 63
                                             Act No. 6375/1958

                                           (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;
S. 63(1) def. of                    "relative", in relation to a natural person, means a
"relative"
inserted by                              person who is—
No. 103/1993
s. 4(1).                                   (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
                                    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.



                   AB-30/6/99                        111
                          Stamps Act 1958
                                                                          s. 63
                         Act No. 6375/1958

             (3) Except as otherwise provided in this Act—              S. 63(3)
                                                                        amended by
                                                                        No. 10118
                                                                        s. 7(1)(a)(b).


                  (a) a reference in this subdivision or in the         S. 63(3)(a)
                                                                        amended by
                      provisions of the Third Schedule under            No. 10067
                      Heading VI to real property or property           s. 5(1).

                      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—
                       (i) that, by reason of the sale of or            S. 63(3)(a)(i)
                                                                        amended by
                           agreement to transfer the real property      No. 86/1997
                           or property to the transferee, are sold or   s. 18(a)(i).

                           transferred to the transferee or a person
                           who is related to the transferee (within
                           the meaning of section 75(3)); or
                       (ii) the sale or transfer of which to the        S. 63(3)(a)(ii)
                                                                        amended by
                            transferee or any other person forms, in    No. 86/1997
                            the opinion of the Comptroller of           s. 18(a)(ii).

                            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
                                the real property or property by
                                reason of paragraph (a); or




AB-30/6/99                       112
                                     Stamps Act 1958
 s. 63
                                    Act No. 6375/1958

                                       (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
S. 63(3)(c)                  (c) where the consideration for the sale of real
inserted by
No. 10118                        property or property includes an amount in
s. 7(1)(b).                      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.
S. 63(3A)             (3A) For the purposes of sub-section (3)(b), in
inserted by
No. 86/1997                determining the amount for which real property,
s. 19.                     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.
S. 63(3B)             (3B) An interest, agreement or arrangement referred to
inserted by
No. 86/1997                in sub-section (3A) is not to be disregarded if the
s. 19.                     Comptroller is satisfied that it was not granted or


              AB-30/6/99                    113
                          Stamps Act 1958
                                                                        s. 63
                         Act No. 6375/1958

                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     S. 63(3C)
                                                                      inserted by
             for the purposes of sub-section (3B), the                No. 86/1997
             Comptroller may have regard to—                          s. 19.

                  (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
                  (c) the Comptroller of Stamps is satisfied that
                      the real property is used for primary
                      production—


AB-30/6/99                       114
                                          Stamps Act 1958
 s. 63A
                                         Act No. 6375/1958

                                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.
S. 63A           63A. Conveyance to be accompanied by statutory
inserted by
No. 9991              declaration by transferor
s. 9(1).
                            (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—
S. 63A(3)(a)                     (a) that, by reason of the conveyance of the real
amended by
No. 86/1997                          property, no chattels were sold or transferred
s. 18(b).                            to the transferee or another person in the
                                     circumstances referred to in section 63(3)(a);
                                     or


               AB-30/6/99                        115
                           Stamps Act 1958
                                                                            s. 63B
                          Act No. 6375/1958

                  (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.
  63B. Refurbished lots                                                   S. 63B
                                                                          inserted by
                                                                          No. 119/1994
                                                                          s. 23.



             (1) A reference to the consideration for the sale of real    S. 63B(1)
                                                                          amended by
                 property that is a lot on a plan of subdivision          No. 10/1996
                 within the meaning of the Subdivision Act 1988           s. 22.

                 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
                  (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


AB-30/6/99                        116
                                            Stamps Act 1958
 s. 64
                                           Act No. 6375/1958

                                        (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
                                  conversion of an existing building for which such
                                  a permit or approval is required.
S. 64                64. A lease with covenant for future transfer to be deemed
substituted by
No. 9662 s. 7.           a present transfer
                              (1) Any lease for which any consideration other than
                                  the rent reserved is paid or agreed to be paid, and


                 AB-30/6/99                        117
                           Stamps Act 1958
                                                                          s. 64A
                          Act No. 6375/1958

                 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.
  64A. Statement on transfer to trustee as beneficial owner             S. 64A
                                                                        inserted by
                                                                        No. 10256
             (1) Where—                                                 s. 9(1).
                  (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
                      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


AB-30/6/99                        118
                                           Stamps Act 1958
 s. 64A
                                          Act No. 6375/1958

                                  (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.
S. 64A(3)                     (3) Where—
substituted by
No. 47/1999
s. 15.
                                  (a) real property is vested in a person; and
                                  (b) the real property becomes subject to a trust
                                      for another by reason of a declaration of trust
                                      by that person—
                                 the person shall, not later than 14 days after the
                                 real property becomes subject to the trust—



                 AB-30/6/99                       119
                           Stamps Act 1958
                                                                          s. 64B
                          Act No. 6375/1958

                  (c) furnish to the Comptroller of Stamps a
                      statement in the prescribed form
                      accompanied by a statutory declaration
                      setting out the prescribed particulars; and
                  (d) 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
                      from the person to the other.
             (4) The payment of the duty on a statement under sub-
                 section (1), (2) or (3) shall be denoted on the
                 statement by an impressed stamp.
  64B. Statement on change of beneficial ownership                      S. 64B
                                                                        inserted by
                                                                        No. 86/1997
             (1) A person who is a party to a transaction entered       s. 20.
                 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.
             (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.




AB-30/6/99                       120
                                      Stamps Act 1958
s. 64B
                                     Act No. 6375/1958

                      (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.
                      (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—


         AB-30/6/99                        121
                           Stamps Act 1958
                                                                         s. 65
                          Act No. 6375/1958

                  (a) a body corporate becoming an externally-
                      administered 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               S. 64B(9)(d)
                                                                       amended by
                      cancellation of units in a unit trust scheme,    No. 32/1999
                      otherwise than as part of a scheme or            s. 7(1).

                      arrangement that, in the opinion of the
                      Comptroller, was made with a collateral
                      purpose of reducing the stamp duty
                      otherwise payable under this section; or
                  (e) any of the circumstances referred to in
                      section 64A.
        (10) Sub-section (9)(d) as amended by section 7(1) of          S. 64B(10)
                                                                       inserted by
             the Stamps (Amendment) Act 1999 applies to a              No. 32/1999
             change in beneficial ownership occurring on or            s. 7(2).

             after 4 January 1999.
    65. Assignment of interest under will etc. deemed                  S. 65
                                                                       substituted by
        conveyance on sale                                             No. 9662 s. 7.

             (1) Every instrument by which the right or interest of    S. 65(1)
                                                                       amended by
                 any person—                                           No. 65/1988
                                                                       s. 21(1)(a).
                  (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,
                 be chargeable as a conveyance of the real property


AB-30/6/99                       122
                                            Stamps Act 1958
 s. 66
                                           Act No. 6375/1958

                                  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.
S. 66                66. Transfer of Crown leasehold deemed conveyance or
substituted by
No. 9662 s. 7.           transfer of real property
                              (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.
S. 67                67. Conveyance giving effect to more than one sale
substituted by
No. 9662 s. 7.
                              (1) Where a conveyance of real property gives effect
                                  both to a sale to an original purchaser and a


                 AB-30/6/99                        123
                             Stamps Act 1958
                                                                          s. 67A
                            Act No. 6375/1958

                 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 sub-
                      purchaser 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:    10 penalty units or imprisonment for
                             three months.
             (3) The duty payable on a conveyance of real property      S. 67(3)
                                                                        inserted by
                 shall be borne by the transferee and any contract      No. 9725 s. 3.
                 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 transactions9                       S. 67A
                                                                        inserted by
                                                                        No. 119/1994
             (1) If—                                                    s. 24.
                  (a) a person ("the vendor") agrees to transfer
                      any real property ("the agreement") to

AB-30/6/99                        124
                                    Stamps Act 1958
s. 67A
                                   Act No. 6375/1958

                               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—
                           (a) if there was a consideration for the
                               agreement or transaction in respect of which
                               duty is chargeable—

         AB-30/6/99                        125
                          Stamps Act 1958
                                                                          s. 67A
                         Act No. 6375/1958

                        (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
                      (iii) as trustee for the transferee under a trust
                            recorded in writing on or before the
                            entering into of the agreement; or



AB-30/6/99                       126
                                    Stamps Act 1958
s. 67A
                                   Act No. 6375/1958

                           (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)—
                           (a) the second person acquires rights or an
                               interest in the real property; and




         AB-30/6/99                        127
                           Stamps Act 1958
                                                                            s. 67A
                          Act No. 6375/1958

                  (b) the rights or interest of the first person in the   S. 67A(6)(b)
                      real property are increased.                        amended by
                                                                          No. 27/1995
                                                                          s. 8.




             (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);
                "spouse" includes de facto spouse.                        S. 67A(7) def.
                                                                          of "spouse"
                                                                          inserted by
                                                                          No. 31/1997
                                                                          s. 16(1).


             (8) This section as in force immediately before the          S. 67A(8)
                                                                          inserted by
                 commencement of section 16(1) of the State               No. 31/1997
                 Taxation Acts (Amendment) Act 1997 applies to            s. 16(2).




AB-30/6/99                        128
                                            Stamps Act 1958
 s. 68
                                           Act No. 6375/1958

                                  a transfer executed on or after that commencement
                                  in pursuance of an agreement entered into before
                                  that commencement.



S. 68                68. Conveyances as a result of single transaction
substituted by
Nos 9662 s. 7,
88/1986
                              (1) Subject to sub-sections (3), (4) and (6), if there are
s. 13(1).                         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—




                 AB-30/6/99                        129
                            Stamps Act 1958
                                                                           s. 68
                           Act No. 6375/1958

                    (a) where interests in the real property are
                        conveyed by separate instruments to different
                        transferees—the Comptroller of Stamps is
                        satisfied—
                         (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.
                *             *           *           *             *    S. 68(5)
                                                                         repealed by
                                                                         No. 47/1999
                                                                         s. 16.



             (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


AB-30/6/99                         130
                                              Stamps Act 1958
 s. 69
                                             Act No. 6375/1958

                                  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.
S. 69                69. Instruments executed in order to evade duty
substituted by
No. 9662 s. 7.           absolutely void
                                  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.
S. 70                70. Duty on conveyance to be denoted by impressed stamp
substituted by
No. 9662 s. 7.
                                  The duty upon any conveyance shall be paid to the
                                  Comptroller of Stamps and denoted by an
                                  impressed stamp.


                 AB-30/6/99                        131
                           Stamps Act 1958
                                                                           s. 71
                          Act No. 6375/1958

    71. Family farm exemption                                            S. 71
                                                                         substituted by
                                                                         No. 9662 s. 7,
                                                                         amended by
                                                                         Nos 9726
                                                                         s. 2(a)(b),
                                                                         65/1988
                                                                         s. 21(1)(b),
                                                                         repealed by
                                                                         No. 27/1995
                                                                         s. 9(a),
                                                                         new s. 71
                                                                         inserted by
                                                                         No. 86/1997
                                                                         s. 21.


             (1) This section applies to an instrument of                S. 71(1)
                                                                         amended by
                 conveyance executed on or after 2 December 1997         No. 48/1998
                 of real property that is land referred to in section    s. 11(a)(i).

                 9(1)(ga), (h) or (ha) of the Land Tax Act 1958
                 if—
                  (a) the transferor is—                                 S. 71(1)(a)
                                                                         substituted by
                                                                         No. 32/1999
                        (i) a natural person; or                         s. 8(a).
                       (ii) a trustee for a natural person; or
                       (iii) a company all the shares in which are
                             owned by natural persons who are
                             relatives of each other; and
                  (b) the transferee of the property is—
                        (i) a relative of a natural person referred to   S. 71(1)(b)(i)
                                                                         amended by
                            in paragraph (a); or                         No. 32/1999
                                                                         s. 8(b)(i).


                       (ii) a trustee under a fixed trust, the
                            beneficiaries of which are limited to—
                            (A) a present or future relative of a        S. 71(1)(b)
                                                                         (ii)(A)
                                natural person referred to in            amended by
                                paragraph (a); or                        No. 32/1999
                                                                         s. 8(b)(i).



                            (B) a charitable institution; or


AB-30/6/99                        132
                                             Stamps Act 1958
 s. 71
                                            Act No. 6375/1958

S. 71(1)(b)                                    (C) a present or future relative of a
(ii)(C)                                            natural person referred to in
amended by
No. 32/1999                                        paragraph (a) and a charitable
s. 8(b)(i).                                        institution; or
S. 71(1)(b)                                    (D) a present or future relative of a
(ii)(D)
amended by                                         natural person referred to in
No. 32/1999                                        paragraph (a) and a natural person
s. 8(b)(i).
                                                   referred to in paragraph (a); or
S. 71(1)(b)                                    (E) a charitable institution and a
(ii)(E)
amended by                                         natural person referred to in
No. 32/1999                                        paragraph (a); or
s. 8(b)(i).


S. 71(1)(b)                                    (F) a present or future relative of a
(ii)(F)
amended by                                         natural person referred to in
No. 32/1999                                        paragraph (a), a natural person
s. 8(b)(i).
                                                   referred to in paragraph (a) and a
                                                   charitable institution; or
S. 71(1)(b)(iii)                         (iii) a trustee under a discretionary trust the
substituted by
No. 48/1998                                    terms of which do not allow the
s. 11(a)(ii),                                  distribution of the whole or any part of
amended by
No. 32/1999                                    the capital of the trust that comprises
s. 8(b)(ii).                                   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); or
S. 71(1)(b)(iv)                          (iv) a natural person referred to in paragraph
inserted by
No. 32/1999                                   (a)(iii).
s. 8(b)(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



                   AB-30/6/99                       133
                             Stamps Act 1958
                                                                          s. 71
                            Act No. 6375/1958

                 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
                    (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).10



        (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—




AB-30/6/99                         134
                                        Stamps Act 1958
 s. 71A
                                       Act No. 6375/1958

                                     (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—
                                     (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;
S. 71(16) def.                *           *           *            *             *
of "single
farming
enterprise"
repealed by
No. 48/1998
s. 11(c).

S. 71A             71A. Exemptions and rebates on purchase of first
inserted by
No. 9726 s. 3.          dwelling11


S. 71A(1)–                    *           *           *            *             *
71A(3A)
repealed.12

S. 71A(3B)               (3B) A person is, or two or more persons together are,
inserted by
No. 10256                     an eligible person for the purposes of this section
s. 10(1).                     in relation to a conveyance of real property if the
                              Comptroller of Stamps is satisfied—




                 AB-30/6/99                    135
                          Stamps Act 1958
                                                                          s. 71A
                         Act No. 6375/1958

                  (a) that the person, or each of the persons, is an    S. 71A(3B)(a)
                      eligible beneficiary within the meaning of        substituted by
                                                                        No. 109/1986
                      the State Concessions Act 1986; and               s. 6(Sch.
                                                                        item 11).


                  (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      S. 71A(3B)(c)
                                                                        amended by
                      exceed $130 000; and                              Nos 10/1996
                                                                        s. 23(1)(a),
                                                                        48/1998
                                                                        s. 12(1)(a).


                  (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
                      respect of a conveyance by reason of being
                      an eligible person under this sub-section.
             (4) Where, in relation to an instrument of conveyance      S. 71A(4)
                                                                        amended by
                 of real property on which at the date the              No. 9991
                 conveyance was made, there was a dwelling—             s. 10(2)(a).

                  (a) the transferee is an eligible person for the
                      purposes of this section; and
                  (b) the value of the real property does not exceed    S. 71A(4)(b)
                                                                        amended by
                      $100 000—                                         Nos 10/1996
                                                                        s. 23(1)(b),
                                                                        48/1998
                                                                        s. 12(1)(b).


                the transferee may make application in writing to
                the Comptroller of Stamps for an exemption from
                stamp duty payable on the conveyance.




AB-30/6/99                       136
                                              Stamps Act 1958
 s. 71A
                                             Act No. 6375/1958

S. 71A(5)                       (5) Where, in relation to an instrument of conveyance
amended by                          of real property on which at the date the
Nos 9991
s. 10(2)(b),                        conveyance is made there was a dwelling—
27/1995
s. 9(c),                             (a) the transferee is an eligible person for the
10/1996                                  purposes of this section; and
s. 23(1)(c)(ii),
48/1998
s. 12(1)(d).
S. 71A(5)(b)                         (b) the value of the real property exceeds
substituted by
No. 48/1998                              $100 000 but does not exceed $130 000—
s. 12(1)(c).


                                    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—
                                    28 600   22 P
                                           −
                                       3     300
                                    where P is the value of the real property.
S. 71A(6)                       (6) Where, in relation to an instrument of conveyance
amended by
No. 9991                            of real property on which at the date on which the
s. 10(2)(c).                        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—
                                     (a) the transferee is an eligible person for the
                                         purposes of this section; and
S. 71A(6)(b)                         (b) the aggregate of the value of the real property
amended by
Nos 10/1996                              at the time the conveyance was made and the
s. 23(1)(d),                             cost of the construction of the dwelling does
48/1998
s. 12(1)(e).                             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.




                   AB-30/6/99                        137
                           Stamps Act 1958
                                                                          s. 71A
                          Act No. 6375/1958

             (7) Where, in relation to an instrument of conveyance      S. 71A(7)
                 of real property on which at the time the              amended by
                                                                        Nos 9991
                 conveyance was made there was not a dwelling           s. 10(2)(d),
                 but on which at the date of the application to the     27/1995
                                                                        s. 9(d),
                 Comptroller of Stamps under this section there is a    substituted by
                 dwelling—                                              No. 10/1996
                                                                        s. 23(2),
                  (a) the transferee is an eligible person for the      amended by
                                                                        No. 48/1998
                      purposes of this section; and                     s. 12(1)(g).

                  (b) the aggregate of the value of the real property   S. 71A(7)(b)
                                                                        substituted by
                      at the time the conveyance was made and the       No. 48/1998
                      cost of the construction of the dwelling          s. 12(1)(f).

                      exceeds $100 000 but does not exceed
                      $115 000—
                 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—
                        22(130 000 − P)
                 SD ×
                        7 ⋅ 2 P − 60 000
                 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.




AB-30/6/99                       138
                                           Stamps Act 1958
 s. 71A
                                          Act No. 6375/1958

S. 71A(8)                   (8) Where, in relation to an instrument of conveyance
amended by                      of real property on which at the time the
No. 9911
s. 6(2),                        conveyance was made there was not a dwelling
repealed by                     but on which at the date of the application to the
No. 27/1995
s. 9(b), new                    Comptroller of Stamps under this section there is a
s. 71A(8)                       dwelling—
inserted by
No. 48/1998                        (a) the transferee is an eligible person for the
s. 12(2).
                                       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 $115 000 but does not exceed
                                       $130 000—
                                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—
                                         11(130 000 − P)
                                SD ×
                                         3(3 P − 217 000)
                                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.
S. 71A(8A)–                    *             *           *            *            *
71A(9)
repealed.13


                       (10) An application under this section shall be
                            accompanied by a statutory declaration by the




               AB-30/6/99                         139
                            Stamps Act 1958
                                                                      s. 71B
                           Act No. 6375/1958

                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.
                *            *          *          *           *    S. 71A(14)
                                                                    inserted by
                                                                    No. 88/1986
                                                                    s. 14, repealed
                                                                    by No.
                                                                    27/1995
                                                                    S. 9(b).
                                                                    s. 71A(15)
                *            *          *          *           *    inserted by
                                                                    No. 65/1988
                                                                    s. 6, repealed
                                                                    by No.
                                                                    27/1995

  71B. Exemption for first home buyers14
                                                                    s. 9(b).
                                                                    S. 71B
                                                                    inserted by
                                                                    No. 65/1988
             (1) In this section—                                   s. 7.




AB-30/6/99                       140
                                             Stamps Act 1958
 s. 71B
                                            Act No. 6375/1958

S. 71B(1) def.                    "dependent child", in relation to a person, means
of "dependent                         a child under the age of 18 years in the
child"
inserted by                           custody, care and control of, and ordinarily
No. 27/1995                           resident with, the person;
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.
S. 71B(2)                        *             *           *            *           *
repealed by
No. 27/1995
s. 10(b).



                              (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—
                                     (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


                 AB-30/6/99                         141
                      Stamps Act 1958
                                                                      s. 71B
                     Act No. 6375/1958

                      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
             (d) that, having regard to such information as the     S. 71B(3)(d)
                                                                    substituted by
                 Comptroller deems sufficient, the person's         No. 27/1995
                 taxable income, or the sum of the persons'         s. 10(c),
                                                                    amended by
                 taxable incomes, during the current financial      No. 10/1996
                 year is not likely to exceed, if the person has,   s. 23(3)(a)(i)
                                                                    (A)(B).
                 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
                 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 does not       S. 71B(3)(g)
                                                                    amended by
                 exceed $165 000; and                               Nos 10/1996
                                                                    s. 23(3)(a)(ii),
                                                                    48/1998
                                                                    s. 12(3)(a),
                                                                    32/1999 s. 9.

             (h) that the person has not, or none of the
                 persons has, received a refund or exemption
                 under this section.




AB-30/6/99                  142
                                              Stamps Act 1958
 s. 71B
                                             Act No. 6375/1958

                                (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
S. 71B(4)(b)                         (b) the value of the real property does not exceed
amended by
No. 48/1998                              $115 000—
s. 12(3)(b).


                                    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.
S. 71B(5)                       (5) If, in relation to an instrument of conveyance (not
amended by
Nos 10/1996                         being a conveyance in respect of which section
s. 23(3)(b)(ii),                    63(3)(c) applies) of real property on which at the
48/1998
s. 12(3)(d).                        date the conveyance is made there was a
                                    dwelling—
                                     (a) the transferee is an eligible person for the
                                         purposes of this section; and
S. 71B(5)(b)                         (b) the value of the real property exceeds
amended by
No. 10/1996                              $115 000 but does not exceed $165 000—
s. 23(3)(b)(i),
substituted by
No. 48/1998
s. 12(3)(c),
amended by
No. 32/1999
s. 9.



                                    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—
                                             256 P
                                    8448 −
                                             5000


                   AB-30/6/99                        143
                          Stamps Act 1958
                                                                        s. 71B
                         Act No. 6375/1958

                where P is the value of the real property.
             (6) If—                                                  S. 71B(6)
                                                                      amended by
                                                                      Nos 10/1996
                 (a) section 63(3)(c) applies in respect of the       s. 23(3)(c)(ii),
                     determination of stamp duty on a conveyance      48/1998
                                                                      s. 12(3)(f).
                     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
                 (d) the value of the real property exceeds           S. 71B(6)(d)
                                                                      amended by
                     $115 000 but does not exceed $165 000—           No. 10/1996
                                                                      s. 23(3)(c)(i),
                                                                      substituted by
                                                                      No. 48/1998
                                                                      s. 12(3)(e),
                                                                      amended by
                                                                      No. 32/1999
                                                                      s. 9.



                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—
                        256(165 000 − P)
                SD ×
                       100(3 P − 217 000)
                where—
                 SD is the amount of stamp duty paid or payable
                    (but for this sub-section) on the instrument of
                    conveyance.
                  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.


AB-30/6/99                       144
                                              Stamps Act 1958
 s. 71B
                                             Act No. 6375/1958

                                (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
S. 71B(7)(b)                         (b) the aggregate of the value of the real property
amended by
No. 48/1998                              at the time the conveyance was made and the
s. 12(3)(g).                             cost of the construction of the dwelling does
                                         not exceed $115 000—
                                    the transferee may make application in writing to
                                    the Comptroller of Stamps for a refund of the
                                    stamp duty paid on the conveyance.
S. 71B(8)                       (8) If, in relation to an instrument of conveyance of
amended by
Nos 10/1996                         real property on which at the time the conveyance
s. 23(3)(d)(ii),                    is made there was not a dwelling but on which at
48/1998
s. 12(3)(i).                        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
S. 71B(8)(b)                         (b) the aggregate of the value of the real property
amended by
No. 10/1996                              at the time the conveyance was made and the
s. 23(3)(d)(i),                          cost of the construction of the dwelling
substituted by
No. 48/1998                              exceeds $115 000 but does not exceed
s. 12(3)(h),                             $165 000—
amended by
No. 32/1999
s. 9.

                                    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—




                   AB-30/6/99                       145
                             Stamps Act 1958
                                                                        s. 72
                            Act No. 6375/1958

                         256(165 000 − P)
                 SD ×
                        100(3 P − 217 000)
                 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.
    72. Certain deductions to be made before assessment               S. 72
                                                                      substituted by
                                                                      No. 9662 s. 7.



AB-30/6/99                        146
                                            Stamps Act 1958
 s. 72
                                           Act No. 6375/1958

                              (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.
S. 72(2)                      (2) Where a conveyance of any real property is made
substituted by
No. 10256                         to a shareholder of a company in the course of any
s. 8(2),                          distribution of assets of the company in
amended by
No. 10/1996                       consequence of the winding up of the company by
s. 24(1).                         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—
                                   (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.
S. 72(3)                      (3) Before a conveyance of real property is made to a
inserted by
No. 10/1996                       shareholder of a company in the course of a
s. 24(2).                         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
                                  real property for the purposes of the assessment of
                                  stamp duty (if any) payable on the conveyance.


                 AB-30/6/99                        147
                           Stamps Act 1958
                                                                          s. 72
                          Act No. 6375/1958

             (4) The Comptroller may grant an application under         S. 72(4)
                 sub-section (3) only if satisfied that the company     inserted by
                                                                        No. 10/1996
                 is not being wound up as part of an arrangement        s. 24(2).
                 or scheme devised with the collateral purpose of
                 reducing the stamp duty otherwise payable on the
                 conveyance of the real property.
             (5) In considering whether or not he or she is satisfied   S. 72(5)
                                                                        inserted by
                 for the purpose of sub-section (4), the Comptroller    No. 10/1996
                 may have regard to—                                    s. 24(2).

                  (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;
                       (iii) a related corporation of the company or
                             the shareholder;
                       (iv) a substantial shareholder (within the
                            meaning of Part 6.7 of the Corporations


AB-30/6/99                        148
                                             Stamps Act 1958
 s. 72
                                            Act No. 6375/1958

                                              Law) of a person referred to in sub-
                                              paragraph (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.
S. 72(6)                      (6) If the Comptroller grants an application under sub-
inserted by
No. 10/1996                       section (3), he or she must, in assessing the stamp
s. 24(2).                         duty (if any) payable on the conveyance, deduct
                                  from the value of the real property—
                                     (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.
Ss 73–74A                        *             *           *           *             *
repealed by
No. 9662 s. 7.




                 AB-30/6/99                         149
                          Stamps Act 1958
                                                                          s. 75
                         Act No. 6375/1958

     (7) Duty on change of control of certain land-owning               Pt 2 Div. 3
                  corporations and unit trusts                          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. 6(1).

    75. Definitions                                                     New s. 75
                                                                        inserted by
                                                                        No. 65/1987
             (1) In this subdivision—                                   s. 6.



                "acquire", in relation to an interest in a              S. 75(1) def. of
                                                                        "acquire"
                    corporation to which this subdivision               amended by
                    applies, includes, without limiting the             Nos 119/1994
                                                                        s. 33(9)(f),
                    generality of the expression, acquire an            32/1999
                    interest by virtue of—                              s. 10(1).

                       (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


AB-30/6/99                       150
                      Stamps Act 1958
s. 75
                     Act No. 6375/1958

                      (iii) the making of a compromise or
                            arrangement under Part 5.1 of the
                            Corporations Law which has been
                            approved by the court, not being a
                            compromise or arrangement that
                            the Comptroller of Stamps is
                            satisfied was made with the
                            intention of defeating the
                            operation of this subdivision; 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;




        AB-30/6/99          151
                       Stamps Act 1958
                                                                         s. 75
                      Act No. 6375/1958

             "corporation" has the same meaning as in the              S. 75(1) def. of
                 Corporations Law;                                     "corporation"
                                                                       amended by
             "director" has the same meaning as in the                 S. 75(1) def. of
                                                                       No. 119/1994
                                                                       "director"
                                                                       s. 33(9)(g).
                  Corporations Law;                                    amended by
                                                                       No. 119/1994
                                                                       s. 33(9)(g).




             "discretionary trust" means—
                   (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;


AB-30/6/99                   152
                                  Stamps Act 1958
s. 75
                                 Act No. 6375/1958

                        "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)—
                          (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 sub-
                                   paragraph (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)—


        AB-30/6/99                       153
                           Stamps Act 1958
                                                                         s. 75
                          Act No. 6375/1958

                        (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;
                      (iv) the spouse of the person and a spouse
                           of any person referred to in sub-
                           paragraphs (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


AB-30/6/99                       154
                                          Stamps Act 1958
 s. 75
                                         Act No. 6375/1958

                                           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—
                                     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.
S. 75(4)                    (4) For the purposes of sub-section (3), persons are
amended by
No. 42/1996                     not related persons in relation to an acquisition of
s. 29(b).                       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.
                            (5) For the purposes of sub-sections (2) and (3)—
                                 (a) a spouse includes a de facto spouse; and
S. 75(5)(b)                      (b) a majority shareholder in relation to a
amended by
No. 119/1994                         corporation is a person who has a substantial
s. 33(9)(h).                         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—




               AB-30/6/99                        155
                          Stamps Act 1958
                                                                        s. 75
                         Act No. 6375/1958

                  (a) as if the winding up were carried out in
                      accordance with the memorandum and
                      articles of association of the corporation and
                      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


AB-30/6/99                       156
                                         Stamps Act 1958
 s. 75A
                                        Act No. 6375/1958

                               the exercise of any power or discretion or
                               otherwise, and in particular a person that may
                               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.
S. 75A          75A. Refund of duty to trustee
inserted by
No. 65/1987
s. 6(1).
                               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

              AB-30/6/99                         157
                            Stamps Act 1958
                                                                            s. 75B
                           Act No. 6375/1958

                 for that statement to be lodged shall be refunded to
                 the trustee.
  75B. Valuation of real property                                         S. 75B
                                                                          inserted by
                                                                          No. 65/1987
             (1) The Comptroller of Stamps may—                           s. 6(1).
                  (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.
  75C. Notice may be registered on title                                  S. 75C
                                                                          inserted by
                                                                          No. 65/1987
                                                                          s. 6(1).



             (1) If, in relation to the acquisition of an interest in a   S. 75C(1)
                                                                          amended by
                 corporation—                                             Nos 65/1988
                                                                          s. 21(1)(c),
                  (a) a statement has been lodged with the                18/1989
                      Comptroller of Stamps under section 75G(1)          s. 13(Sch. 2
                                                                          item 84(a)).
                      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—


AB-30/6/99                         158
                                          Stamps Act 1958
 s. 75C
                                         Act No. 6375/1958

                                the Comptroller may, if the corporation or a
                                subsidiary as defined in section 75I(5) is the
                                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.
S. 75C(2)                   (2) While the recordings under sub-section (1) are
amended by
No. 18/1989                     recorded in the Register, the Registrar of Titles
s. 13(Sch. 2                    must not register an instrument affecting the real
item 84(b)
(i)(ii)).                       property unless—
                                 (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.




               AB-30/6/99                        159
                           Stamps Act 1958
                                                                         s. 75C
                          Act No. 6375/1958

             (3) An instrument registered in accordance with sub-      S. 75C(3)
                 section (2)(a) has effect, in relation to the         amended by
                                                                       No. 18/1989
                 recordings made under sub-section (1), as if it had   s. 13(Sch. 2
                 been registered before the recordings were made.      item 84(c)).

             (4) If an instrument referred to in sub-section (2)(b)    S. 75C(4)
                                                                       amended by
                 affecting real property is registered by the          No. 18/1989
                 Registrar of Titles, the recordings made in           s. 13(Sch. 2
                                                                       item 84(d)(i)–
                 accordance with sub-section (1) shall be deemed       (iii)).
                 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.
             (5) When—
                  (a) the duty and any penalty in respect of which     S. 75C(5)(a)
                                                                       amended by
                      a recording has been made in the Register        No. 18/1989
                      has been paid; or                                s. 13(Sch. 2
                                                                       item 84(e)).



                  (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.
             (6) The Registrar shall make the appropriate              S. 75C(6)
                                                                       amended by
                 recordings in the Register to give effect to the      No. 18/1989
                 notice and thereupon the real property ceases to be   s. 13(Sch. 2
                                                                       item 84(f)).
                 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.

AB-30/6/99                       160
                                            Stamps Act 1958
                                           Act No. 6375/1958

                              (8) The Comptroller must not deliver a notice in
                                  relation to a corporation or subsidiary under sub-
                                  section (1) or, if the Comptroller has delivered
                                  such a notice, must withdraw the notice if, on an
                                  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.
S. 75C(10)               (10) A person whose interests are affected by a
substituted by
No. 52/1998                   decision of the Comptroller under sub-section (8)
s. 311(Sch. 1                 may apply to the Victorian Civil and
item 82.5).
                              Administrative Tribunal for review of the
                              decision.
S. 75C(11)               (11) An application for review must be made within
inserted by
No. 52/1998                   28 days after the later of—
s. 311(Sch. 1
item 82.5).                        (a) the day on which the decision is made;
                                   (b) if, under the Victorian Civil and
                                       Administrative Tribunal Act 1998, the
                                       person requests a statement of reasons for the
                                       decision, the day on which the statement of
                                       reasons is given to the person or the person is
                                       informed under section 46(5) of that Act that
                                       a statement of reasons will not be given.




                 AB-30/6/99                        161
                           Stamps Act 1958
                                                                              75E
                                                                           s. 75D
                          Act No. 6375/1958

  75D. Charge on real property                                           S. 75D
                                                                         inserted by
                 If a recording has been made on a folio of the          No. 65/1987
                 Register in relation to any real property, any duty     s. 6(1),
                                                                         amended by
                 and any penalty to which the notice relates is a        Nos 18/1989
                 charge on the real property and the charge              s. 13(Sch. 2
                                                                         item 84(g)(i)
                 continues in force until the duty and any penalty       (ii)), 32/1999
                 are paid, the Comptroller of Stamps withdraws the       s. 10(2).

                 notice given under section 75C(1) or the recording
                 is deleted, whichever first occurs.
  75E. Power of sale                                                     S. 75E
                                                                         inserted by
                                                                         No. 65/1987
             (1) If—                                                     s. 6(1).
                  (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
                  (c) a recording has been made on a folio of the        S. 75E(1)(c)
                                                                         substituted by
                      Register under section 75C in relation to the      No. 18/1989
                      real property—                                     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.
             (2) A copy of a notice under sub-section (1) shall be       S. 75E(2)
                                                                         amended by
                 served on the registered proprietor of the real         No. 18/1989
                 property and such other persons as appear from          s. 13(Sch. 2
                                                                         item 84(i)).
                 the Register to be affected, which service may be


AB-30/6/99                        162
                                         Stamps Act 1958
 s. 75F
                                        Act No. 6375/1958

                               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           75F. Application of proceeds of sale
inserted by
No. 65/1987
s. 6(1).
                               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
                                    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-30/6/99                        163
                           Stamps Act 1958
                                                                           s. 75G
                          Act No. 6375/1958

                  (c) the conveyance shall vest the real property        S. 75F(c)
                      sold in the purchaser as completely and            amended by
                                                                         No. 18/1989
                      effectually as if the conveyance had been          s. 13(Sch. 2
                      executed by the owner of the real property         item 84(j)).
                      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
                  (d) the Registrar of Titles shall, upon production     S. 75F(d)
                                                                         amended by
                      of the conveyance, register it and,                No. 18/1989
                      notwithstanding any provisions of the              s. 13(Sch. 2
                                                                         item 84(k)).
                      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
                      certificate of title is lost or not produced, in
                      which case a new certificate of title for such
                      real property shall be issued.
  75G. When statement to be lodged                                       S. 75G
                                                                         inserted by
                                                                         No. 65/1987
             (1) If by a relevant acquisition a person acquires a        s. 6(1).
                 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



AB-30/6/99                        164
                                         Stamps Act 1958
 s. 75H
                                        Act No. 6375/1958

                               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
                                (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.
S. 75H          75H. Statement chargeable with duty
inserted by
No. 65/1987
s. 6(1).
                           (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


              AB-30/6/99                        165
                          Stamps Act 1958
                                                                        s. 75H
                         Act No. 6375/1958

                  (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—
                   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.



AB-30/6/99                       166
                                          Stamps Act 1958
 s. 75I
                                         Act No. 6375/1958

                            (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            75I. Corporations to which this subdivision applies
inserted by
No. 65/1987
s. 6(1).
                            (1) This subdivision applies to a relevant acquisition
                                of shares in a corporation that is—
S. 75I(1)(a)                     (a) a corporation, other than a corporation shares
amended by
No. 119/1994                         in the capital of which are listed on
s. 33(9)(i).                         Australian Stock Exchange Limited; and
                                 (b) a land-holder within the meaning in sub-
                                     section (2).
                            (2) A corporation is a land-holder for the purposes of
                                this subdivision if at the time of a relevant
                                acquisition—
                                 (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 sub-



               AB-30/6/99                        167
                           Stamps Act 1958
                                                                          s. 75I
                          Act No. 6375/1958

                      section (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
                       (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;
                  (d) if the corporation is a holding company           S. 75I(4)(d)
                                                                        amended by
                      within the meaning of section 9 of the            No. 119/1994
                      Corporations Law, the shareholding of that        s. 33(9)(j).

                      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



AB-30/6/99                        168
                                          Stamps Act 1958
 s. 75I
                                         Act No. 6375/1958

S. 75I(4)(f)                      (f) any prescribed property unless it is shown to
amended by                            the Comptroller's satisfaction that a reason
No. 27/1995
s. 11(1).                             for the corporation's ownership is not for the
                                      purpose of defeating the object of this
                                      subdivision; and
S. 75I(4)(g)                     (g) any property declared by the Comptroller in
inserted by
No. 27/1995                          writing given to the corporation within
s. 11(1).                            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)                     (a) a subsidiary corporation within the meaning
amended by
No. 119/1994                         of section 9 of the Corporations Law; or
s. 33(9)(k).


                                 (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


               AB-30/6/99                        169
                           Stamps Act 1958
                                                                            s. 75J
                          Act No. 6375/1958

                            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
                      corporation that is a subsidiary of the first-
                      mentioned 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.
   75J. Meaning of relevant acquisition                                   S. 75J
                                                                          inserted by
                                                                          No. 65/1987
             (1) An acquisition by a person is a relevant                 s. 6(1).
                 acquisition for the purposes of this subdivision—



AB-30/6/99                        170
                                         Stamps Act 1958
 s. 75K
                                        Act No. 6375/1958

                                (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
                               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.
S. 75K          75K. Meaning of "interest", "majority interest" and
inserted by
No. 65/1987          "further interest"
s. 6(1).
                           (1) For the purposes of section 75G, a person acquires
                               an interest in a corporation if the person, or the


              AB-30/6/99                        171
                           Stamps Act 1958
                          Act No. 6375/1958

                 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.
             (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


AB-30/6/99                        172
                                          Stamps Act 1958
 s. 75L
                                         Act No. 6375/1958

                                     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           75L. How dutiable value is determined
inserted by
No. 65/1987
s. 6(1).
                            (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—
                                 (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;
S. 75L(3)(b)                     (b) for the purposes of section 75H(1)(b)(ii), is
amended by
No. 65/1988                          the same proportion of the value of the real
s. 21(1)(d).                         property in Victoria to which the corporation


               AB-30/6/99                        173
                           Stamps Act 1958
                          Act No. 6375/1958

                      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
                      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



AB-30/6/99                       174
                                            Stamps Act 1958
    75N
 s. 75M
                                           Act No. 6375/1958

                                  corporation is liable) if the corporation were to be
                                  wound up after the acquisition.
S. 75M             75M. Liability for duty
inserted by
No. 65/1987
s. 6(1).
                              (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.
S. 75N             75N. Unit trust schemes
inserted by
No. 65/1987
s. 6(1).
                              (1) In this section—


S. 75N(1) def.                    "private unit trust scheme" means a unit trust
of "private
unit trust                             scheme if, at the time of the acquisition of a
scheme"                                unit, the deed relating to the scheme—
amended by
No. 119/1994                             (a) has not been approved for the purposes
s. 33(9)(l).
                                             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


                 AB-30/6/99                        175
                           Stamps Act 1958
                                                                           s. 75N
                          Act No. 6375/1958

                       (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—
                  (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



AB-30/6/99                        176
                                    Stamps Act 1958
s. 75N
                                   Act No. 6375/1958

                                (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
                               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-30/6/99                        177
                           Stamps Act 1958
                                                                            s. 75O
                          Act No. 6375/1958

             (5) The extent of the undivided share in real property       S. 75N(5)
                 referred to in sub-section (4) is the same               amended by
                                                                          No. 27/1995
                 proportion of the value of the real property             s. 11(2).
                 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.
             (6) A unit trustee has a majority interest in another        S. 75N(6)
                                                                          amended by
                 corporation or private unit trust scheme if he or        No. 27/1995
                 she has a shareholding in the corporation or unit        s. 11(2).

                 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
                 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.
  75O. Subdivision not to apply in certain circumstances                  S. 75O
                                                                          inserted by
                                                                          No. 65/1987
                 This subdivision does not apply to or in relation        s. 6(1).
                 to—
                  (a) an acquisition by a person of an interest in a
                      corporation relating to property if a


AB-30/6/99                        178
                                           Stamps Act 1958
 s. 76
                                          Act No. 6375/1958

                                    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.       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.
No. 5204 s. 77.       77. Agreement to be charged as if a lease


                  AB-30/6/99                      179
                           Stamps Act 1958
                                                                          s. 78
                          Act No. 6375/1958

             (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        S. 77(3)
                                                                        amended by
                 tenancy (whether expressed as a weekly monthly         No. 7332
                 quarterly half-yearly or yearly tenancy or             s. 2(Sch. 1
                                                                        item 107).
                 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.             No. 5204 s. 78.

             (1) Where the consideration or any part of the             S. 78(1)
                                                                        amended by
                 consideration for which a lease is granted or          No. 6791 s. 9.
                 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.
             (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.


AB-30/6/99                        180
                                             Stamps Act 1958
 s. 79
                                            Act No. 6375/1958

                               (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 subject-
                                   matter 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              79. Duty chargeable where instrument of lease relates
s. 79, 6104
s. 20.                    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
                                   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.
No. 5204 s. 80.       80. Refund of part of duty on certain leases15
S. 80
amended by                         Where stamp duty has been paid upon any lease or
No. 17/1993
s. 4(1).                           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


                  AB-30/6/99                        181
                           Stamps Act 1958
                                                                          s. 81
                          Act No. 6375/1958

                 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                          Nos 5204
                                                                        s. 81, 6104
                                                                        s. 21.
             (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.
                *           *            *           *           *      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.
    82. Lessee, transferee etc. liable to payment of duty               No. 5204 s. 82.

                 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

AB-30/6/99                        182
                                             Stamps Act 1958
 s. 83
                                            Act No. 6375/1958

                                   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)                       (1) Where, pursuant to sub-paragraph (b) of paragraph
amended by
No. 65/1988                        (2) under Heading VIII in the Third Schedule,
s. 21(1)(e).                       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
                                   payable thereunder at any time before the date
                                   when the first re-appraisement becomes effective.
S. 83(2)                       (2) Whenever the rent is re-appraised or a re-
amended by
No. 9065                           appraised rent is further re-appraised and thereby
s. 3(a)(b).                        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



                  AB-30/6/99                        183
                           Stamps Act 1958
                                                                          s. 83A
                          Act No. 6375/1958

                 notwithstanding that such additional consideration
                 does not exceed the rate of $130 per annum.
             (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 re-                 S. 83(3A)
                                                                        inserted by
             appraised rent is further re-appraised and thereby         No. 8006 s. 5,
             the rent is decreased, the Comptroller of Stamps           amended by
                                                                        No. 119/1994
             shall upon application in writing made to him              s. 26.
             within 3 years of the decrease becoming effective
             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.
             (4) Every person who contravenes or fails to comply        S. 83(4)
                                                                        amended by
                 with the provisions of this section shall be liable    No. 9662
                 to a penalty of not more than 10 penalty units.        s. 23(u).

  83A. Application                                                      S. 83A
                                                                        inserted by
                                                                        No. 9413 s. 9.
             (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.


AB-30/6/99                        184
                                    Stamps Act 1958
s. 83A
                                   Act No. 6375/1958

                      (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
                               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


         AB-30/6/99                       185
                           Stamps Act 1958
                                                                          s. 83A
                          Act No. 6375/1958

                 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         S. 83A(5)(a)
                                                                        amended by
                      amount estimated under sub-section (2) or         No. 65/1988
                      sub-section (3)(b)—additional stamp duty          s. 21(1)(f).

                      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
                      to the said paragraph (2)(b) 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.
             (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


AB-30/6/99                        186
                                         Stamps Act 1958
 s. 84
                                        Act No. 6375/1958

                               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.
Nos 5204
ss 83–90,                         (9) Instrument of Settlement
6104
ss 4(1)(b), 12,
24, 26, 27.
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(Sch.
5 item 171),
9541
ss 3(a)(b), 4,
substituted as
Pt 2 Div. 3
Subdiv. (9)
(Heading and
ss 84, 85) by
No. 9662
s. 10(1).
S. 84                 84. Definition
substituted by
No. 9662
s. 10(1).
                               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.
S. 85                 85. Payment
substituted by
No. 9662
s. 10(1).



                  AB-30/6/99                    187
                          Stamps Act 1958
                                                                       s. 95
                         Act No. 6375/1958

             (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.
             (2) The stamp duty upon any instrument of settlement
                 shall be paid within three months after the
                 execution of the instrument by the settlor.
                *          *           *           *            *    Ss 86–91
                                                                     repealed by
                                                                     No. 9662
                                                                     s. 10(1).



                *          *           *           *            *    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(Sch. 5
                                                                     items 172–
                                                                     174), 9662
                                                                     ss 19(k),
                                                                     23(v)(w),
                                                                     10087
                                                                     s. 3(1)(Sch. 1
                                                                     item 228),
                                                                     repealed by
                                                                     No. 10256
                                                                     s. 17(a).

                                                                     Pt 2 Div. 3
              (11) Insurance and Assurance Business                  Subdiv. (11)
                                                                     (Heading)
                                                                     substituted by
                                                                     No. 9208
                                                                     s. 3(m).


    95. Definitions                                                  No. 5204 s. 94.

                For the purposes of this Part, unless inconsistent
                with the context or subject-matter—




AB-30/6/99                      188
                                       Stamps Act 1958
 s. 95
                                      Act No. 6375/1958

S. 95 def. of                  *        *            *           *           *
"annual
licence"
repealed by
No. 9208
s. 3(a)(i).
S. 95 def. of                  "accident compensation business" means—
"accident
compensa-
tion
                                    (a) the issuing of insurance policies by
business"                               authorised insurers for the purposes of
inserted by
No. 50/1993
                                        the Accident Compensation
s. 113(1)(a).                           (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
                                        20A of the Accident Compensation
                                        Act 1985;
S. 95 def. of                  "assurance or insurance business" means—
"assurance or
insurance
business"
                                    (a) the granting or issuing of any assurance
substituted by                          or insurance policies other than policies
No. 6450
s. 2(1) (as
                                        of life assurance and insurance against
amended by                              damage by hail to cereal and fruit crops;
No. 6489 s. 4),
amended by                          (b) the acceptance either directly or
Nos 6552
s. 2(1)(a),
                                        indirectly of any premium renewal
88/1986                                 premium or consideration for or in
s. 15(1)(a),
28/1988
                                        respect of the granting or issuing or
s. 8(a)(i),                             keeping alive or in force of any
17/1993                                 assurance or insurance policy to which
s. 5(1)(a),
50/1993                                 paragraph (a) applies;
s. 113(1)(b).
                                    (c) the receiving of any letter or declaration
                                        of interest attaching to any such policy
                                        issued at any time in Victoria or
                                        elsewhere; and
                                    (d) the carrying out by means of assurance
                                        or insurance effected out of Victoria of
                                        any written verbal or implied contract



                  AB-30/6/99                  189
                      Stamps Act 1958
                                                                    s. 95
                     Act No. 6375/1958

                       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;
             *          *           *           *           *     S. 95 def. of
                                                                  "employers'
                                                                  liability
                                                                  insurance"
                                                                  repealed by
                                                                  No. 6552
                                                                  s. 2(1)(b).

             "firm of persons" includes any association of
                  underwriters carrying on marine assurance or
                  insurance business through a managing
                  underwriter solely;
             "marine assurance or insurance" means                S. 95 def. of
                                                                  "marine
                 assurance or insurance of a hull of a floating   assurance or
                 vessel other than a hull of a vessel which is    insurance"
                                                                  inserted by
                 used primarily for commercial purposes;          No. 6450
                                                                  s. 2(1) (as
                                                                  amended by
                                                                  No. 6489 s. 4),
                                                                  substituted by
                                                                  No. 88/1986
                                                                  s. 15(1)(b).

             *          *           *           *          *      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).




AB-30/6/99                   190
                                        Stamps Act 1958
 s. 95
                                       Act No. 6375/1958

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).

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" includes as well as any policy any
"policy"
amended by                          instrument in the nature of a policy an open
No. 65/1988                         policy an insurance cover or any instrument
s. 21(1)(g).
                                    in any manner covering any insurance or
                                    assurance;
S. 95 def. of                  "registered company" means a company, person
"registered
company"                            or firm of persons which or who is for the
inserted by                         time being registered or deemed to be
No. 9208
s. 3(a)(ii).                        registered under this subdivision;




                  AB-30/6/99                   191
                      Stamps Act 1958
                                                                     s. 96
                     Act No. 6375/1958

             "transport assurance or insurance" means              S. 95 def. of
                  assurance or insurance of goods or               "transport
                                                                   assurance or
                  merchandise, or of the freights on goods or      insurance"
                  merchandise, carried by railway, road,           inserted by
                                                                   No. 6450
                  vehicle, aeroplane or sea;                       s. 2(1) (as
                                                                   amended by
                                                                   No. 6489 s. 4),
                                                                   amended by
                                                                   No. 88/1986
                                                                   s. 15(1)(c).

             "workers compensation insurance" means                S. 95 def. of
                                                                   "workers
                 accident insurance or indemnity which             compensatio
                 indemnifies—                                      n insurance"
                                                                   inserted by
                                                                   No. 10118
                   (a) an employer against liability in relation   s. 8(1),
                       to workers compensation under the           substituted by
                                                                   No. 10191
                       Workers Compensation Act 1958 or            s. 276,
                       under any other Act or at common law        amended by
                       or otherwise;                               No. 50/1993
                                                                   s. 113(1)(c).
                   (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.
    96. Companies etc. carrying on insurance business to be        No. 5204 s. 95.
                                                                   S. 96
        registered                                                 amended by
                                                                   Nos 6450
                                                                   s. 2(2) (as
                                                                   amended by
                                                                   No. 6489 s. 4),
                                                                   6552 s. 2(2),
                                                                   9059
                                                                   s. 2(1)(Sch.
                                                                   item 57),
                                                                   substituted by
                                                                   No. 9208 s. 2.




AB-30/6/99                   192
                                               Stamps Act 1958
 s. 97
                                              Act No. 6375/1958

S. 96(1)                       (1) A company, person or firm of persons whether
amended by                         corporate or unincorporate (which expression in
Nos 9662
s. 23(x), 10089                    this subdivision includes the State Insurance
s. 4(1).                           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
                                   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.
No. 5204 s. 96.       97. Returns and payments of duty to Comptroller of
S. 97
substituted by
                          Stamps
No. 9208 s. 2.



                  AB-30/6/99                        193
                           Stamps Act 1958
                                                                        s. 97
                          Act No. 6375/1958

             (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 eight-
                      twelfths 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.
             (2) A registered company shall on or before the          S. 97(2)
                                                                      amended by
                 twenty-first day of each calendar month after the    Nos 10118
                 31st day of January 1979 and before February         s. 8(2)(a),
                                                                      10191 s. 276.
                 1985 and each calendar month after July 1985—
                  (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
                  (b) pay in cash to the Comptroller of Stamps as     S. 97(2)(b)
                                                                      amended by
                      stamp duty on the return an amount equal to     No. 76/1992
                      10 per centum of the amount of all premiums     s. 30(1)(a).

                      chargeable with stamp duty under this
                      subdivision received by that company, during
                      the last preceding calendar month.



AB-30/6/99                       194
                                         Stamps Act 1958
 s. 97
                                        Act No. 6375/1958

S. 97(2A)                 (2A) A registered company shall, on or before the
inserted by                    21st day of each calendar month after January
No. 10118
s. 8(2)(b),                    1985 and before August 1985—
amended by
No. 10191                        (a) lodge with the Comptroller of Stamps a
s. 276.                              return in the prescribed form verified in the
                                     prescribed manner showing—
S. 97(2A)(a)(i)                       (i) the total amount of premiums for
amended by
No. 10191                                 workers compensation insurance in
s. 276.                                   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
                                (b) pay in cash to the Comptroller of Stamps as
                                    stamp duty on the return—
S. 97(2A)(b)(i)                       (i) an amount equal to 3·5 per centum of
amended by
No. 10191                                 the amount of premiums for workers
s. 276.                                   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) 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.




                  AB-30/6/99                    195
                           Stamps Act 1958
                                                                        s. 97
                          Act No. 6375/1958

             (3) Where a registered company does not, in respect      S. 97(3)
                 of a month, in accordance with this section, lodge   amended by
                                                                      No. 9662
                 with the Comptroller of Stamps a return and pay      s. 23(y),
                 an amount due not later than the 21st day of the     substituted by
                                                                      No. 9991
                 succeeding month, an amount of 10 per centum of      s. 11(1).
                 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,         S. 97(3A)
                                                                      inserted by
             mitigate or remit a debt payable under sub-section       No. 9991
             (3).                                                     s. 11(1).

             (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
                 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


AB-30/6/99                       196
                                            Stamps Act 1958
 s. 98
                                           Act No. 6375/1958

                                   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)                 (8A) Where the Comptroller of Stamps is satisfied that,
inserted by
No. 65/1988                    in the circumstances in a particular case, it is not
s. 8(1).                       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)                 (8B) An agreement under sub-section (8A) may be
inserted by
No. 65/1988                    cancelled by the Comptroller of Stamps by notice
s. 8(1).                       in writing given to the registered company.
                               (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
S. 98
substituted by                 (1) For the purposes of this subdivision—
No. 9208 s. 2.




                  AB-30/6/99                       197
                          Stamps Act 1958
                                                                        s. 98
                         Act No. 6375/1958

                  (a) a reference to premiums is a reference to the   S. 98(1)(a)
                      gross premiums including any commissions        substituted by
                                                                      No. 65/1987
                      or any fire service levies paid or payable in   s. 7, amended
                      connection with insurance by an insurer or      by No.
                                                                      32/1999 s. 11.
                      any other person; and
                  (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              S. 98(2)
                                                                      substituted by
                 document relating to a premium due or to be paid     Nos 9413
                 in respect of any policy—                            s. 11, 10118
                                                                      s. 8(3),
                                                                      amended by
                  (a) set out as a separate part of the amount        No. 76/1992
                      required to be paid—                            s. 30(2)(b) (as
                                                                      amended by
                                                                      No. 17/1993
                                                                      s. 12).


                       (i) in relation to a premium for workers       S. 98(2)(a)(i)
                                                                      amended by
                           compensation insurance in respect of       No. 10191
                           policies issued, renewed or taken out on   s. 276.

                           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 per centum of the premium payable;
                           and
                       (ii) in relation to any other premium—an       S. 98(2)(a)(ii)
                                                                      amended by
                            amount designated as stamp duty being     No. 76/1992
                            an amount not exceeding 10 per centum     s. 30(2)(a).

                            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—



AB-30/6/99                       198
                                             Stamps Act 1958
 s. 98
                                            Act No. 6375/1958

S. 98(2)(b)(i)                            (i) in relation to a premium for workers
amended by                                    compensation insurance in respect of
No. 10191
s. 276.                                       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)                          (ii) in relation to any other premium—an
amended by
No. 76/1992                                   amount on account of stamp duty being
s. 30(2)(b) (as                               an amount not exceeding 9·091 per
amended by
No. 17/1993                                   centum of the amount of premium
s. 12).                                       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—
                                    (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;




                  AB-30/6/99                       199
                           Stamps Act 1958
                                                                         s. 99
                          Act No. 6375/1958

                  (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      S. 98(3)(e)
                                                                       inserted by
                      on by an organisation registered under           No. 65/1988
                      Part VI of the National Health Act 1953 of       s. 8(2).

                      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.
             (4) A failure to comply with any provision of this
                 subdivision does not render any contract of
                 insurance or assurance illegal or invalid.
    99. Premiums on which stamp duty payable                           No. 5204 s. 98.
                                                                       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.




AB-30/6/99                       200
                                             Stamps Act 1958
                                            Act No. 6375/1958

S. 99(1)                      (1) For the purposes of section 97, the premiums
amended by                        chargeable with stamp duty are all premiums for
No. 88/1986
s. 15(1)(d),                      assurance or insurance business that are applicable
substituted by                    to—
No. 103/1998
s. 21(1).                            (a) property in Victoria; or
                                     (b) a risk, contingency or event concerning an
                                         act or omission that, in the normal course of
                                         events, may occur within or partly within
                                         Victoria.
S. 99(2)                         *             *           *           *           *
repealed by
No. 103/1998
s. 21(2).


S. 99(3)                      (3) For the purposes of section 97, premiums for
inserted by
No. 10191                         workers compensation insurance in respect of the
s. 276,                           issue, renewal or taking out of policies that take
amended by
No. 65/1987                       effect at or after four o'clock in the afternoon on
s. 8.                             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.
S. 99(4)                      (4) Where a premium is payable after four o'clock in
inserted by
No. 10191                         the afternoon on 30 June 1985 for workers
s. 276.                           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
                                      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.


                 AB-30/6/99                         201
                            Stamps Act 1958
                                                                            s. 99
                           Act No. 6375/1958

             (5) Where a registered company paid an amount in             S. 99(5)
                 respect of stamp duty in respect of a premium for        inserted by
                                                                          No. 10191
                 workers compensation insurance in respect of a           s. 276,
                 period commencing before and ending after four           substituted by
                                                                          No. 10256
                 o'clock in the afternoon on 30 June 1985, the            s. 11(1).
                 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
                                                       7PT
                        accordance with the formula          ; and
                                                      207A
                    (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).




AB-30/6/99                         202
                                              Stamps Act 1958
    104
 s. 99
                                             Act No. 6375/1958

S. 99(7)                       (7) Where an application is made in accordance with
inserted by                        sub-section (5)—
No. 10191
s. 276,                               (a) if the application is for a rebate, the amount
substituted by
No. 10256                                 of the rebate shall be deducted from the
s. 11(2).                                 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.
S. 99(8)                       (8) A person who paid to a registered company an
inserted by
No. 10191                          amount in respect of stamp duty in respect of a
s. 276,                            premium, being an amount that the registered
amended by
No. 10256                          company is entitled to have refunded or rebated to
s. 11(3)(a).                       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.
S. 99(9)                       (9) A registered company to which an application is
inserted by
No. 10191                          made under sub-section (8) shall, out of moneys
s. 276,                            refunded or rebated to it under sub-section (5) in
amended by
No. 10256                          respect of the premium, refund to the applicant the
s. 11(3)(b).                       amount paid in respect of stamp duty paid to the
                                   registered company by the applicant in respect of
                                   that premium.
Ss 100–103                        *            *           *           *           *
repealed.16


No. 5204             104. Duty on open policies
s. 103.
S. 104                             If the amount of premium payable or chargeable in
amended by
No. 6450                           account or paid or charged in account in respect of
s. 2(8) (as                        any letters or declarations of interest in or
amended by
No. 6489 s. 4).                    attaching to any policy or insurance cover or any
                                   open policy is not stated therein, the amount of

                  AB-30/6/99                         203
                           Stamps Act 1958
                                                                         s. 105
                          Act No. 6375/1958

                 premium on which duty is payable shall be
                 estimated and determined by the Comptroller of
                 Stamps.
   105. Power to summon and examine witnesses                          No. 5204
                                                                       s. 104.


             (1) The Comptroller of Stamps may summon any              S. 105(1)
                                                                       amended by
                 chairman director manager secretary actuary           No. 9208
                 accountant or clerk or any officer or person          s. 3(c)(i)(ii).

                 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
                 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 subject-
                 matter 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.
             (5) Every person who being duly summoned fails or         S. 105(5)
                                                                       amended by
                 neglects to appear before the Comptroller of          Nos 9208
                 Stamps at the time and place appointed for the        s. 3(d), 9662
                                                                       s. 23(z).
                 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




AB-30/6/99                       204
                                                 Stamps Act 1958
 s. 110A
                                                Act No. 6375/1958

                                       penalty of not more than 10 penalty units to be
                                       recovered by the Comptroller of Stamps.
Ss 106–109                            *           *           *           *              *
repealed.17


S. 110                                *           *           *           *              *
amended by
Nos 6450
s. 2(11) (as
amended by
No. 6489 s. 4),
9065 s. 6,
9208 s. 3(e)(i)–
(iv), 9662 s.
23(aa), 9991 s.
11(2), 88/1986
s. 15(1)(e)(i)(ii),
76/1992
s. 30(1)(b),
repealed by
No. 103/1998
s. 21(3).


S. 110A                110A. Duty to be payable by insured in certain
inserted by
No. 7830 s. 8.               circumstances
S. 110A(1)                         (1) Every company person or firm of persons whether
amended by
Nos 9208                               corporate or unincorporate not being a registered
s. 3(f), 9991                          company which or who obtains effects or renews
s. 11(3).
                                       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.




                      AB-30/6/99                       205
                           Stamps Act 1958
                          Act No. 6375/1958

             (2) Every return under sub-section (1) is liable to       S. 110A(2)
                 stamp duty at the rate of 10 per centum of the        amended by
                                                                       Nos 8157
                 amount of any premium whatsoever paid or              s. 6(3), 8465
                 payable in respect of the assurance or insurance      s. 6(3),
                                                                       76/1992
                 referred to in sub-section (1) and for the purposes   s. 30(1)(c).
                 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:
                 Provided that the Comptroller may allow a rebate      S. 110A(2)
                                                                       Proviso
                 of stamp duty at the rate of 10 per centum of such    amended by
                 proportion of the said premium as is in his opinion   No. 76/1992
                                                                       s. 30(1)(c).
                 properly attributable to the assurance or insurance
                 of property outside Victoria or of risks,
                 contingencies or events occurring outside
                 Victoria.
             (3) Upon lodging the return under sub-section (1) the     S. 110A(3)
                                                                       amended by
                 person who lodges the return shall pay in cash to     No. 9208
                 the Comptroller of Stamps the amount of stamp         s. 3(g).

                 duty payable under the last preceding sub-section.
             (4) Where a person does not lodge a return in             S. 110A(4)
                                                                       amended by
                 accordance with this section, an amount of 10 per     Nos 9208
                 centum of the amount of stamp duty that would         s. 3(h), 9662
                                                                       s. 23(ab),
                 have been due on that return is a debt due and        substituted by
                 payable by that person to Her Majesty and may be      No. 9991
                                                                       s. 11(4).
                 recovered in accordance with this Act.
        (4A) The Comptroller of Stamps may, if he thinks fit,          S. 110A(4A)
                                                                       inserted by
             mitigate or remit a debt payable under sub-section        No. 9991
             (4).                                                      s. 11(4).

             (5) This section does not apply to accident               S. 110A(5)
                                                                       amended by
                 compensation business or insurance against            Nos 88/1986
                 damage by hail to cereal and fruit crops or to        s. 15(1)(f),
                                                                       28/1988
                 marine insurance or to any assurance or insurance     s. 8(b),
                 in respect of which a policy of life insurance is     17/1993
                                                                       s. 5(2),
                 required to be made out under the next succeeding     50/1993
                 subdivision.                                          s. 113(2).




AB-30/6/99                       206
                                            Stamps Act 1958
    111
 s. 110B
                                           Act No. 6375/1958

S. 110B           110B. Undertaking by unregistered company etc.
inserted by
No. 9991                      (1) A company, person or firm of persons whether
s. 11(5).                         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
                                  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
                    111. Refund of overpaid duty18
s. 36.
S. 111
substituted by
No. 9208
s. 3(i).




                 AB-30/6/99                       207
                           Stamps Act 1958
                          Act No. 6375/1958

             (1) A registered company or a company, person or           S. 111(1)
                 firm of persons to whom section 110A applies is        substituted by
                                                                        No. 76/1992
                 entitled to a refund of duty if the registered         s. 36,
                 company refunds, or there is refunded to the           repealed by
                                                                        No. 104/1993
                 company, person or firm of persons, the whole or       s. 41(1)(b),
                 part of a premium in respect of which duty has         new s. 111(1)
                                                                        inserted by
                 been paid.                                             No. 32/1999
                                                                        S. 12.
                                                                        s. 111(1A)
        (1A) The refund is the duty paid on the amount of the           inserted by
             premium refunded.                                          No. 76/1992
                                                                        s. 36,
                                                                        repealed by
                                                                        No. 104/1993
                                                                        s. 41(1)(b),
                                                                        new
                                                                        s. 111(1A)
                                                                        inserted by
                                                                        No. 32/1999
                                                                        s. 12.
             (2) Where the Comptroller is of the opinion that it is
                 unduly onerous to require a company, person or
                 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.
                                                                        Pt 2 Div. 3
                  (11A) Policies of Life Insurance                      Subdiv. (11A)
                                                                        (Heading and
                                                                        ss 111A–
                                                                        111D)
                                                                        inserted by
                                                                        No. 7204
                                                                        s. 7(b).




AB-30/6/99                       208
                                              Stamps Act 1958
    111B
 s. 111A
                                             Act No. 6375/1958

S. 111A           111A. Definitions
inserted by
No. 7204                          In this subdivision—
s. 7(b),
substituted by                    "insurance against accident" means insurance
No. 32/1999
s. 13.
                                       under which payment is agreed to be made
                                       on the death of a person only from accident
                                       or violence or otherwise from a natural cause
                                       or as compensation for personal injury;
                                  "life insurance" means insurance or assurance in
                                        respect of—
                                        (a) a life or lives; or
                                        (b) any event or contingency relating to or
                                            depending on a life or lives—
                                       of a person who is, or persons who are,
                                       domiciled in Victoria at the time the policy is
                                       issued, but does not include insurance
                                       against accident.
S. 111B           111B. Life insurers to execute policies of life insurance
inserted by
No. 7204
s. 7(b),
                              (1) A person who receives or takes credit for a
amended by                        premium or consideration for a contract of life
No. 9662
s. 23(ac)(ad),
                                  insurance must, within 3 months after receiving or
substituted by                    taking credit for the premium or consideration,
No. 32/1999                       make out and execute a duly stamped policy of
s. 13.
                                  life insurance.
                                  Penalty:    2 penalty units and double the amount
                                              of duty that would have been payable
                                              on the policy.
                              (2) A person must not make, execute, or deliver out,
                                  or pay or allow in account, or agree to pay or
                                  allow in account any money on or in respect of
                                  any policy of life insurance that is not duly
                                  stamped.




                 AB-30/6/99                        209
                             Stamps Act 1958
                                                                          s. 111D
                            Act No. 6375/1958

                 Penalty:    2 penalty units and double the amount
                             of duty that would have been payable
                             on the policy.
 111C. Certain additional benefits to be disregarded                    S. 111C
                                                                        inserted by
                                                                        No. 7204
                 In determining the sum insured by any policy of        s. 7(b).
                 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               S. 111D
                                                                        inserted by
       insurers                                                         No. 7204
                                                                        s. 7(b).
             (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
                 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


AB-30/6/99                        210
                                           Stamps Act 1958
 s. 111E
                                          Act No. 6375/1958

                                      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.
Pt 2 Div. 3
Subdiv. (11B)                    (11B) Transport Accident Charges
(Heading and
ss 111E–
111G)
inserted by
No. 17/1993
s. 6.


S. 111E          111E. Definitions
inserted by
No. 17/1993
s. 6.
                                 In this sub-division—
                                 "transport accident charge" means a transport
                                      accident charge applicable to a motor vehicle
                                      under Part 7 of the Transport Accident Act



                AB-30/6/99                        211
                         Stamps Act 1958
                        Act No. 6375/1958

                    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                                         S. 111F
                                                                     inserted by
                                                                     No. 17/1993
             (1) The Commission—                                     s. 6.
                 (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
                 (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


AB-30/6/99                     212
                                         Stamps Act 1958
    111G
 s. 111F
                                        Act No. 6375/1958

                                               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.
S. 111G        111G. Commission to keep records
inserted by
No. 17/1993
s. 6.
                               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 sub-
                                    division; and
                                (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.

              AB-30/6/99                        213
                           Stamps Act 1958
                                                                          s. 111H
                          Act No. 6375/1958

111GA. Refund of duty if transport accident charge refunded             S. 111GA
                                                                        inserted by
             (1) The Commission is entitled to a refund of duty if      No. 32/1999
                 it refunds the whole or part of a transport accident   s. 14.

                 charge included in a return on which duty has
                 been paid.
             (2) The refund is the duty paid by reference to the
                 amount of the charge refunded.
                                                                        Pt 2 Div. 3
                    (11C) Superannuation Funds                          Subdiv. (11C)
                                                                        (Heading and
                                                                        ss 111H, 111I)
                                                                        inserted by
                                                                        No. 119/1994
                                                                        s. 29,
                                                                        substituted as
                                                                        Pt 2 Div. 3
                                                                        Subdiv. (11C)
                                                                        (Heading and
                                                                        ss 111H–
                                                                        111K) by
                                                                        No. 32/1999
                                                                        s. 15.




 111H. Definitions                                                      S. 111H
                                                                        substituted by
                                                                        No. 32/1999
                 In this subdivision—                                   s. 15.
                 "complying approved deposit fund" means an
                     entity that is a complying approved deposit
                     fund in accordance with section 43 of the
                     Superannuation Industry (Supervision) Act
                     1993 of the Commonwealth;
                 "complying superannuation fund" means an
                     entity that is a complying superannuation
                     fund in accordance with section 42 of the
                     Superannuation Industry (Supervision) Act
                     1993 of the Commonwealth and an exempt
                     public sector superannuation scheme;
                 "eligible rollover fund" means an entity that is
                      an eligible rollover fund in accordance with
                      section 242 of the Superannuation Industry


AB-30/6/99                        214
                                       Stamps Act 1958
 s. 111I
                                      Act No. 6375/1958

                                   (Supervision) Act 1993 of the
                                   Commonwealth and includes an entity the
                                   trustee of which is satisfied will be an
                                   eligible rollover fund within 12 months after
                                   the date on which a liability to duty arises (or
                                   would otherwise arise);


                              "pooled superannuation trust" means an entity
                                  that is a pooled superannuation trust in
                                  accordance with section 44 of the
                                  Superannuation Industry (Supervision) Act
                                  1993 of the Commonwealth.
S. 111I            111I. Instruments relating to superannuation
substituted by
No. 32/1999
s. 15.
                              The following instruments are exempt from
                              duty—
                               (a) an instrument that establishes, or that amends
                                   provisions governing, a superannuation fund,
                                   an approved deposit fund, a pooled
                                   superannuation trust or an eligible rollover
                                   fund, being a fund or trust that, in the
                                   opinion of the trustees, will be a complying
                                   superannuation fund, a complying approved
                                   deposit fund, a pooled superannuation trust
                                   or an eligible rollover fund 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 that, 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;




                 AB-30/6/99                   215
                           Stamps Act 1958
                                                                          s. 111J
                          Act No. 6375/1958

                  (c) an instrument that is executed in order to set
                      out or vary the terms of custodial
                      arrangements concerning a complying
                      superannuation fund, a complying approved
                      deposit fund, a pooled superannuation trust
                      or an eligible rollover fund (whether or not
                      the instrument contains any other terms) or
                      concerning a fund or trust that, in the opinion
                      of the trustees, will be a complying
                      superannuation fund, a complying approved
                      deposit fund, a pooled superannuation trust
                      or an eligible rollover fund within 12 months
                      after the instrument takes effect.
  111J. Transfer of property from one superannuation fund               S. 111J
                                                                        inserted by
        to another                                                      No. 32/1999
                                                                        s. 15.
             (1) Duty is not chargeable on an instrument for the
                 transfer of property from one superannuation fund
                 to another if the Comptroller of Stamps is satisfied
                 that—
                  (a) the transfer is made from a complying
                      superannuation fund or from a fund that was
                      a complying superannuation fund within the
                      period of 12 months before the transfer was
                      made; and
                  (b) the transfer is made to a complying
                      superannuation fund or to a superannuation
                      fund that, in the opinion of the trustees, will
                      be a complying superannuation fund within
                      12 months after the transfer is made; and
                  (c) the transfer 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 fund from which the property
                      is transferred and the person's becoming a
                      member of, or otherwise becoming entitled



AB-30/6/99                        216
                                            Stamps Act 1958
 s. 112
                                           Act No. 6375/1958

                                       to benefits in respect of, the fund to which
                                       the property is transferred.
                              (2) In this section, "complying superannuation
                                  fund" includes a complying approved deposit
                                  fund and an eligible rollover fund.
S. 111K           111K. Transfers to trustees or custodians of superannuation
inserted by
No. 32/1999             funds or trusts
s. 15.
                              (1) Duty is not chargeable on an instrument for the
                                  transfer of property to a trustee or custodian of a
                                  complying superannuation fund, a complying
                                  approved deposit fund, a pooled superannuation
                                  trust or an eligible rollover fund, or a fund or trust
                                  that, in the opinion of the trustees, will be a
                                  complying superannuation fund, a complying
                                  approved deposit fund, a pooled superannuation
                                  trust or an eligible rollover fund within 12 months
                                  after the transfer takes effect, where there is no
                                  change in the beneficial ownership of the property.
                              (2) A transfer of property to or from a trustee or
                                  custodian of a pooled superannuation trust in
                                  exchange for the issue or redemption of units in
                                  the trust does not, for the purposes of this section,
                                  effect a change in the beneficial ownership of the
                                  property.

                                        (12) Betting Instruments
Nos 5204            112. Definitions
s. 111, 5741
s. 15(c).
                                  In this subdivision unless inconsistent with the
                                  context or subject-matter—
S. 112 def. of                   *            *           *            *           *
"Authority"
repealed by
No. 10256
s. 12(a)(i).




                 AB-30/6/99                        217
                       Stamps Act 1958
                                                                    s. 112
                      Act No. 6375/1958

             "automatic recorder" means equipment in              S. 112 def. of
                 respect of which an approval under section       "automatic
                                                                  recorder"
                 115 is in force;                                 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    S. 112 def. of
                                                                  "betting-
                  record of a bet or of the issue of a betting    book"
                  ticket, by means of an automatic recorder;      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         S. 112 def. of
                                                                  "bookmaker"
                 on his own account or as employee or agent       amended by
                 of any other person) carries on the business     Nos 6791
                                                                  s. 16(a),
                 or vocation of or acts as a bookmaker or turf    73/1996
                 commission agent or any person who gains         s. 92(a)(i),
                                                                  48/1998
                 or endeavours to gain his livelihood wholly      s. 14.
                 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;


AB-30/6/99                   218
                                        Stamps Act 1958
 s. 112
                                       Act No. 6375/1958

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" has the same meaning as in section three
"club"
amended by                         of the Lotteries Gaming and Betting Act
No. 8181                           1966;
s. 2(1)(Sch.
item 174(a)).

S. 112 def. of                "club betting permit" has the same meaning as
"club betting
permit"                            in the Racing Act 1958;
inserted by
No. 97/1998
s. 31.


S. 112 def. of                "future double" means a bet made by the
"future
double"                            nomination of a combination of two horses
inserted by                        on the chance that such horses shall fill first
No. 6791
s. 16(c).                          places in any two races other than races to be
                                   decided at the same race meeting or on the
                                   same day;
S. 112 def. of                "promoter" has the same meaning as in section
"promoter"
amended by                        thirty of the Lotteries Gaming and Betting
No. 8181                          Act 1966;
s. 2(1)(Sch.
item 174(b)).




                 AB-30/6/99                   219
                      Stamps Act 1958
                                                                  s. 112
                     Act No. 6375/1958

             "race-course" has the same meaning as in section   S. 112 def. of
                 three of the Lotteries Gaming and Betting      "race course"
                                                                amended by
                 Act 1966;                                      No. 8181
                                                                s. 2(1)(Sch.
                                                                item 174(a)).

             "race-meeting" has the same meaning as in          S. 112 def. of
                                                                "race-
                 section three of the Lotteries Gaming and      meeting"
                 Betting Act 1966 and includes a "picnic        amended by
                                                                No. 8181
                 race-meeting" and a "mixed sports              s. 2(1)(Sch.
                 gathering" as defined in the Racing Act        item 174(a)).

                 1958;
             "racing club" means club association society or    S. 112 def. of
                                                                "racing club"
                  body of persons corporate or unincorporate    amended by
                  formed for promoting or controlling horse-    No. 10256
                                                                s. 12(a)(ii).
                  racing pony-racing or harness-racing or for
                  holding race-meetings;
             *         *           *           *          *     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        S. 112 def. of
                                                                "sports"
                 thirty of the Lotteries Gaming and Betting     amended by
                 Act 1966;                                      No. 8181
                                                                s. 2(1)(Sch.
                                                                item 174(b)).


             "sports ground" has the same meaning as            S. 112 def. of
                                                                "sports
                 "ground" has in section thirty of the          ground"
                 Lotteries Gaming and Betting Act 1966.         amended by
                                                                No. 8181
                                                                s. 2(1)(Sch.
                                                                item 174(b)).




AB-30/6/99                   220
                                                 Stamps Act 1958
 s. 115
                                                Act No. 6375/1958

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. 114
s. 9(a).                             *            *           *           *           *
amended by
No. 7332
s. 2(Sch. 1
item 106),
repealed by
No. 65/1988
s. 9(a).



Nos 5204                115. Automatic recorder
s. 114, 5741
s. 15(e).
                                  (1) The Comptroller of Stamps—
S. 115
repealed by                              (a) may approve, for the purposes of this
No. 9991
s. 12(b), new                                subdivision, equipment by which bets may
s. 115                                       be recorded and betting-tickets issued; and
inserted by
No. 10118                                (b) may revoke any such approval.
s. 9(2).
                                  (2) Notice of an approval, or revocation of an
                                      approval, under sub-section (1) shall be published
                                      in the Government Gazette.
S. 115A               115A. Approval to use automatic recorder
inserted by
No. 10118
s. 9(2).
                                  (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).
S. 115B               115B. Penalty for unauthorized use of automatic recorder
inserted by
No. 10118
s. 9(2).
                                      A person shall not issue betting-tickets by means
                                      of an automatic recorder unless an approval for

                     AB-30/6/99                         221
                            Stamps Act 1958
                                                                          s. 117
                           Act No. 6375/1958

                that person to use the automatic recorder under
                section 115A is in force.
                *            *             *          *            *    S. 116
                                                                        amended by
                                                                        No. 10118
                                                                        s. 9(3)(a),
                                                                        repealed by
                                                                        No. 65/1988
                                                                        s. 9(a).


   117. Betting-tickets and betting-books                               Nos 5204
                                                                        s. 121, 5566
                                                                        s. 2(2)(a), 5741
                                                                        s. 15(g), 5793
                                                                        s. 6(1)(a)–(c).


             (1) A bookmaker who makes a bet with a person on a         S. 117(1)
                                                                        amended by
                 race-course or, as the case may be, on premises        No. 6791
                 specified in a club betting permit or a sports         s. 18(a)(b),
                                                                        substituted by
                 ground where the amount wagered by the backer          No. 10118
                 is paid to the bookmaker at the time the bet is        s. 9(3)(b),
                                                                        amended by
                 made—                                                  No. 97/1998
                                                                        s. 32(a).
                    (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            S. 117(1A)
                                                                        inserted by
             double on a betting-ticket as prescribed for that          No. 10118
             purpose shall be deemed to be sufficient                   s. 9(3)(b).

             compliance with sub-section (1).




AB-30/6/99                         222
                                              Stamps Act 1958
 s. 117
                                             Act No. 6375/1958

S. 117(2)                      (2) A betting-ticket shall—
substituted by
No. 10118                             (a) be in the form and of such size and colour
s. 9(3)(b).                               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)                      (4) In respect of bets made or placed by or on behalf
substituted by
Nos 6791                           of a bookmaker on race-courses, premises
s. 18(c), 10118                    specified in club betting permits or sports grounds
s. 9(3)(c),
amended by                         (whether the amount wagered by the backer is or
No. 97/1998                        is not then paid to the bookmaker) the
s. 32(b).
                                   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-30/6/99                         223
                           Stamps Act 1958
                                                                         s. 117
                          Act No. 6375/1958

                        (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          S. 117(4A)
                                                                       inserted by
             respect to the writing out or issuing of betting-         No. 37/1994
             tickets, other than future double betting tickets, do     s. 234.

             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    S. 117(5)
                                                                       amended by
                 form and the regulations shall regulate the use of    Nos 65/1987
                 such betting-books and shall prescribe the part or    s. 9(2),
                                                                       27/1995
                 parts of betting-books and of records of bets or of   s. 12(a).
                 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.
             (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   S. 117(6)(a)
                                                                       amended by
                      clerk employed as aforesaid to enter             No. 6791
                      forthwith in the betting-book of such            s. 18(d).

                      bookmaker the prescribed particulars with


AB-30/6/99                        224
                                             Stamps Act 1958
 s. 117
                                            Act No. 6375/1958

                                        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)                        (c) fails to enter forthwith in the betting-book of
amended by
No. 6791                                such bookmaker the prescribed particulars
s. 18(d).                               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)                      (7) Every person who without the authority of the
amended by
No. 9662                           Comptroller of Stamps (the proof of which
s. 23(ae)(ii).                     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.
S. 117(8)                      (8) Every bookmaker or person employed by or acting
amended by
No. 9662                           for a bookmaker who—
s. 23(ae)(iii).




                  AB-30/6/99                        225
                          Stamps Act 1958
                                                                          s. 118
                         Act No. 6375/1958

                  (a) uses as a betting-book any book or paper          S. 117(8)(a)
                      other than a betting-book in the prescribed       amended by
                                                                        No. 27/1995
                      form; or                                          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                 S. 117(8A)
                                                                        inserted by
             under section 115A is in force, or a person                No. 10118
             employed by or acting for such a bookmaker, is             s. 9(3)(d).

             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 sub-
             section (4)(b) in respect of that bet.
             (9) Every bookmaker shall when so required by the          S. 117(9)
                                                                        amended by
                 Comptroller of Stamps produce to the said              Nos 6791
                 Comptroller for examination and for retention by       s. 18(e),
                                                                        27/1995
                 the said Comptroller for as long as he deems           s. 12(c).
                 necessary any betting-book or future double
                 betting-tickets and duplicates thereof.
        (10) A bookmaker in respect of whom an approval                 S. 117(10)
                                                                        repealed by
             under section 115A is in force shall, when so              No. 9991
             required by the Comptroller of Stamps, produce to          s. 12(c), new
                                                                        s. 117(10)
             the Comptroller for examination and for retention          inserted by
             by the Comptroller for as long as the Comptroller          No. 10118
                                                                        s. 9(3)(e).
             deems necessary, any records made by the
             bookmaker by means of an automatic recorder.
   118. Production and inspection of betting-tickets etc.               Nos 5204
                                                                        s. 122, 5793
                                                                        s. 6(1)(d), 6104
                                                                        s. 37.




AB-30/6/99                       226
                                            Stamps Act 1958
 s. 118
                                           Act No. 6375/1958

S. 118(1)                     (1) Any officer authorized by the Comptroller of
amended by                        Stamps in writing for the purpose (whether
No. 10118
s. 9(3)(f).                       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.
S. 118(2)                     (2) The Comptroller of Stamps and any officer
substituted by
No. 97/1998                       authorised by the Comptroller in writing for the
s. 33.                            purpose (whether generally or in any particular
                                  case) may on any day on which betting is being
                                  conducted—
                                   (a) at a race-course or sports ground; or
                                   (b) at premises specified in a club betting permit,
                                       in accordance with the permit—
                                  enter any part of the race-course, sports ground or
                                  premises and may require from the proprietor or a
                                  servant or agent of the proprietor or from a
                                  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)                     (3) Every person who fails neglects or refuses to
amended by
Nos 9662                          produce for inspection any documents or
s. 23(af),                        automatic recorder or to give any assistance when
10118
s. 9(3)(g).                       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-30/6/99                       227
                           Stamps Act 1958
                                                                          s. 119
                          Act No. 6375/1958

                 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            S. 118(4)
                                                                        inserted by
                 reasonable grounds that a bookmaker has failed,        No. 9991 s. 13,
                 neglected or refused to produce for inspection any     amended by
                                                                        No. 10118
                 documents or automatic recorder or to give any         s. 9(3)(h).
                 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.
   119. Weekly periods for betting tax purposes                         Nos 5204
                                                                        s. 123, 5566
                                                                        s. 2(1).


             (1) For the purposes of this subdivision each period of    S. 119(1)
                                                                        amended by
                 seven days beginning with Monday and ending            No. 49/1987
                 with Sunday, both days inclusive, is referred to as    s. 26(a)(i)(ii).

                 a weekly period.
                *           *           *            *           *      S. 119(2)
                                                                        repealed by
                                                                        No. 10256
                                                                        s. 12(c).



   120. Bookmaker's statements                                          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. 38.




AB-30/6/99                        228
                                              Stamps Act 1958
 s. 120
                                             Act No. 6375/1958

S. 120(1)                      (1) Every bookmaker who as such during any weekly
amended by                         period in any year makes any bet on any race-
Nos 49/1987
s. 26(b),                          course, on any sports ground or on any premises
97/1998                            specified in club betting permits shall before the
s. 34(1)(a).
                                   expiration of seven days after the termination of
                                   such weekly period—
S. 120(1)(a)                          (a) furnish to the Comptroller of Stamps a
amended by
No. 10118                                 bookmaker's statement in the prescribed
s. 9(3)(i).                               form, signed by the bookmaker setting
                                          forth—
S. 120(1)(a)(i)                            (i) the aggregates of the amounts wagered
amended by
Nos 6791                                       by backers in all bets made by the
s. 19(a)(i),                                   bookmaker as such—
8270 s. 2,
97/1998
s. 34(1)(b).
                                               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
                                               Sandown Park greyhound racing sports
                                               ground; and
                                               at premises specified in club betting
                                               permits
                                               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.19

S. 120(1)(a)(v)                            (v) any other prescribed particulars;
inserted by
No. 10118
s. 9(3)(i).




                  AB-30/6/99                         229
                          Stamps Act 1958
                                                                         s. 120
                         Act No. 6375/1958


                  (b) (except as provided in sub-section (3) of this   S. 120(1)(b)
                                                                       substituted by
                      section) lodge with the Comptroller of           No. 6791
                      Stamps with the said statement—                  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             S. 120(1A)
                                                                       inserted by
             bookmaker makes any future double bet on any              No. 6791
             race-course, on any sports ground or on any               s. 19(b),
                                                                       amended by
             premises specified in club betting permits the            Nos 73/1996
             bookmaker shall furnish the bookmaker's                   s. 92(b),
                                                                       97/1998
             statement required by the provisions of the last          s. 34(2).
             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.
             (2) For the purposes of this section—
                  (a) the amount of any bet which is cancelled or
                      called off in accordance with any relevant

AB-30/6/99                       230
                                            Stamps Act 1958
 s. 120
                                           Act No. 6375/1958

                                       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)                     (3) (a) Where during any weekly period in any year
substituted by
No. 6791                              a bookmaker—
s. 19(c),
amended by                               (i) has not as such made any bets in
No. 49/1987
s. 26(b).
                                             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.
                              (4) The Comptroller of Stamps may require any
                                  bookmaker to furnish within such time as the said
                                  Comptroller thinks fit such further or other


                 AB-30/6/99                        231
                           Stamps Act 1958
                                                                           s. 120
                          Act No. 6375/1958

                 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            S. 120(6)(a)
                                                                         amended by
                     respect of any weekly period to furnish a           No. 6791
                     bookmaker's statement or a statement or to          s. 19(d).

                     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
                      period, unless he proves to the satisfaction of
                      the said Comptroller that the amount for
                      which the bookmaker is actually liable is less


AB-30/6/99                        232
                                             Stamps Act 1958
 s. 120
                                            Act No. 6375/1958

                                        than the said sum, in which case the duty
                                        payable shall be assessed at such less
                                        amount.
S. 120(7)                      (7) Any bookmaker who with intent to evade the
amended by
No. 9662                           payment of the whole or part of any stamp duty
s. 23(ag)(i).                      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)                      (8) Any bookmaker in whose betting-book any
amended by
No. 9662                           person, and any person who in the betting-book of
s. 23(ag)(ii).                     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)                      (9) Any bookmaker who—
amended by
No. 9662
s. 23(ag)(iii).
                                    (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
                                        incorrect incomplete or misleading
                                        information or particulars—



                  AB-30/6/99                       233
                          Stamps Act 1958
                                                                       s. 121
                         Act No. 6375/1958

                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         S. 120(10)
                                                                     amended by
             respect of any weekly period a bookmaker's              No. 6791
             statement or any statement under this section if the    s. 19(e).

             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                    Nos 5204
                                                                     s. 125, 5566
        bookmaker's statements                                       ss 2(2), 5(1),
                                                                     5741 s. 15(f).


             (1) The stamp duties payable upon any bookmaker's       S. 121(1)
                                                                     amended by
                 statement, if not paid before the expiration of     Nos 9019
                 seven days after the termination of the weekly      s. 2(1)(Sch.
                                                                     item 203),
                 period in respect of which they are chargeable,     9317 s. 5(a),
                 shall become a debt due and payable to Her          49/1987
                                                                     s. 26(c).
                 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-30/6/99                       234
                                         Stamps Act 1958
 s. 121AA
                                        Act No. 6375/1958

                                     temporary certificate until the stamp duty and
                                     such additional sum are duly paid.
S. 121(3)                  (3) Notwithstanding anything in the last preceding
amended by
No. 27/1995                    sub-section the Comptroller of Stamps may where
s. 13.                         good cause is shown for the delay forgo the whole
                               or any part of such additional sum.
S. 121(4)                  (4) Upon the payment of the stamp duty and such
amended by
No. 27/1995                    additional sum (so far as such additional sum has
s. 13.                         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      121AA. Production of betting-books
inserted by
No. 65/1987
s. 10.
                               If—
                                (a) a bookmaker fails to comply with a
                                    requirement under section 166AA to produce
                                    any betting-book or any part of any betting-
                                    book; 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        121A. Suspension of certificates
inserted by
No. 10256
s. 12(d).
                           (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-30/6/99                        235
                            Stamps Act 1958
                                                                           s. 123
                           Act No. 6375/1958

                 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.
                *             *           *           *            *      S. 122
                                                                          amended by
                                                                          No. 9662
                                                                          s. 23(ah),
                                                                          repealed by
                                                                          No. 65/1988
                                                                          s. 9(a).



   123. Penalties                                                         No. 5204
                                                                          s. 128.
                 Every bookmaker who is guilty of any                     S. 123
                                                                          amended by
                 contravention of or failure to comply with any of        No. 9662
                 the provisions of this subdivision shall (save as        s. 23(ai).
                 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-30/6/99                         236
                                        Stamps Act 1958
 s. 125
                                       Act No. 6375/1958

Nos 5204            124. Frauds
s. 129, 5566
s. 10(2), 5793                Every person who practises or is concerned in any
s. 5(1)(b).                   fraudulent act contrivance or device not specially
S. 124
amended by
                              provided for by law with intent to defraud Her
Nos 9576                      Majesty of any stamp duty under this subdivision
s. 11(1),
65/1988
                              or heading XV of the Third Schedule shall be
s. 9(b).                      guilty of an indictable offence and liable to
                              imprisonment for a term of not more than twelve
                              months.
Nos 5204            125. Returns by racing clubs etc.
s. 130, 5741
s. 15(k).
                              The—
S. 125
substituted by                 (a) committee or other managing body of any
No. 97/1998
s. 35.                             racing club conducting meetings on any race-
                                   course; and
                               (b) any person who has the management and
                                   control of any race-course; and
                               (c) the holder of a club betting permit; and
                               (d) the promoter of any sports on any sports
                                   ground—
                              must 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)
                              a bookmaker's clerk on—
                               (e) the race-course; or
                                (f) the premises; or
                               (g) the sports ground—
                              (as the case requires) and must set out in the return
                              the other matters that are prescribed (if any).
No. 5204            126. Notice of sports meetings
s. 131.




                 AB-30/6/99                    237
                           Stamps Act 1958
                                                                          s. 127
                          Act No. 6375/1958

             (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.
             (2) Every such promoter who is guilty of any               S. 126(2)
                                                                        amended by
                 contravention of or failure to comply with this        No. 9662
                 section shall be liable to a penalty of not more       s. 23(aj).

                 than 10 penalty units.
   127. Enforcement of penalties in case of racing clubs etc.           No. 5204
                                                                        s. 132.
             (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.
             (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                        No. 5204
                                                                        s. 133.
                 A charge for any offence under this subdivision        S. 128
                                                                        amended by
                 may be filed at any time within three years from       No. 57/1989
                 and after the date on which the offence was            s. 3(Sch. item
                                                                        184.8(a)(b)).
                 committed.
 128A. Stamp duty on illegal bookmaking                                 S. 128A
                                                                        inserted by
                                                                        No. 19/1986
             (1) In this section—                                       s. 15.




AB-30/6/99                        238
                                             Stamps Act 1958
 s. 128A
                                            Act No. 6375/1958

S. 128A(1)                         "appropriate officer" means—
def. of
"appropriate                             (a) in the case of the Supreme Court—the
officer"                                     Prothonotary;
amended by
No. 57/1989
s. 3(Sch. item
                                         (b) in the case of the County Court—the
184.9).                                      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;
S. 128A(1) def.                    "illegal bookmaking" means an offence against
of "illegal
bookmaking"                              section 18 or 23 or 66B of the Lotteries
amended by                               Gaming and Betting Act 1966;
No. 77/1994
s. 6.


                                   "stamp duty liability" means liability under sub-
                                       section (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


                  AB-30/6/99                       239
                            Stamps Act 1958
                                                                           s. 129
                           Act No. 6375/1958

                        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).
   129. Subdivision not to operate so as to render lawful any            No. 5204
                                                                         s. 135.
        unlawful betting etc.
                 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                                                      Nos 5204
                                                                         s. 136, 5566
                                                                         s. 4(2), 5741
             (1) The Governor in Council may make regulations            s. 15(l), 5793
                 for or with respect to—                                 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).

                    (b) the form size colour and numbering of
                        betting-tickets;




AB-30/6/99                         240
                                          Stamps Act 1958
 s. 131
                                         Act No. 6375/1958

                                 (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;
                                 (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)                   (2) Any such regulations may prescribe a penalty of
amended by
No. 9662                        not more than 5 penalty units for any
s. 23(ak).                      contravention of or failure to comply with any
                                such regulation.

                                  (13) Counterpart of Instrument
Nos 5204          131. Counterpart to be stamped as original instrument etc.
s. 137, 6104
s. 40.
                               The counterpart of an instrument chargeable with
                               duty pursuant to the Third Schedule shall not be
                               deemed duly stamped unless—



               AB-30/6/99                       241
                      Stamps Act 1958
                     Act No. 6375/1958

              (a) it is stamped as an original instrument; or
              (b) it is stamped with a particular stamp          S. 131(b)
                                                                 amended by
                  denoting that the full and proper duty has     No. 65/1988
                  been paid upon the original instrument of      s. 10(1)(a).

                  which it is the counterpart:
             Provided that notwithstanding anything in section   S. 131
                                                                 Proviso
             twenty-eight of this Act the counterpart of an      amended by
             instrument chargeable with duty upon which          No. 65/1988
                                                                 s. 10(1)(b).
             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
             such duty has been paid upon the original
             instrument.




AB-30/6/99                   242
                                              Stamps Act 1958
 s. 131AA
                                             Act No. 6375/1958

Pt 2 Div. 3                                (13A) Rental Business
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 12–
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–
S. 131AA
131AG) by          131AA. Definitions
substituted
No. 10118 by
No. 10118
s. 10(1).
s. 10(1).
                                (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;
S. 131AA(1)                         "hire purchase agreement" means an agreement
def. of "hire-
purchase                                 for the bailment of goods under which the
agreement"                               bailee may buy the goods or under which the
inserted by
No. 65/1988                              property in the goods may pass to the bailee
s. 11(1).                                or under which any provision for credit of


                   AB-30/6/99                        243
                      Stamps Act 1958
                                                                    s. 131AA
                     Act No. 6375/1958

                  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;
             "prescribed amount" in relation to a statement       S. 131AA(1)
                                                                  def. of
                 under section 131AC means—                       "prescribed
                                                                  amount"
                   (a) where the statement relates to a month     amended by
                                                                  Nos 10256
                       before July 1985—$7500; and                s. 13(1)(a),
                                                                  88/1986
                   (b) where the statement relates to a month     s. 17(a)(b),
                       after June 1985 and before January         65/1987
                                                                  s. 11(a),
                       1986—$7500; and                            42/1996
                                                                  s. 26(1)(a).
                   (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


                   (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;



AB-30/6/99                   244
                                     Stamps Act 1958
 s. 131AA
                                    Act No. 6375/1958

S. 131AA(1)                 "prescribed period" in relation to a statement
def. of                         under section 131AC means—
"prescribed
period"                           (a) where the statement relates to a month
amended by
Nos 10256                             before July 1985—the period
s. 13(1)(b),                          commencing on 1 January 1985 and
65/1987
s. 11(b),                             ending on 30 June 1985;
42/1996
s. 26(1)(b).                      (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
                                      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



               AB-30/6/99                   245
                      Stamps Act 1958
                                                                      s. 131AA
                     Act No. 6375/1958

                       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;
             "rental agreement" means an agreement for—             S. 131AA(1)
                                                                    def. of
                                                                    "rental
                   (a) letting, bailing or otherwise giving         agreement"
                       rights to use goods other than books; or     inserted by
                                                                    No. 31/1997
                   (b) acquiring the rights of the lessor, bailor   s. 17(1).
                       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
                       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



AB-30/6/99                   246
                                             Stamps Act 1958
 s. 131AA
                                            Act No. 6375/1958

                                        conjunction with a lease of, or licence to
                                        occupy or use, any real property;
S. 131AA(1)                        "special rental agreement" means an agreement
def. of
"special rental                        for—
agreement"
amended by                                (a) letting, bailing or otherwise giving
No. 10256
s. 13(1)(c).
                                              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 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.
S. 131AA(3)                    (3) A reference in this subdivision to a right to use
inserted by
No. 31/1997                        goods includes a reference to cases in which—
s. 17(2).
                                    (a) the right to use the goods was granted in
                                        Victoria; or
                                    (b) any of the negotiations with respect to the
                                        grant of the right to use the goods were
                                        undertaken in Victoria; or



                  AB-30/6/99                        247
                             Stamps Act 1958
                                                                         s. 131AB
                            Act No. 6375/1958

                  (c) the goods were delivered in Victoria to the
                      grantee of the right to use those goods.
131AB. Persons carrying on rental business to be registered            S. 131AB
                                                                       substituted by
                                                                       No. 10118
                                                                       s. 10(1).



             (1) A person to whom this section applies must not in     S. 131AB(1)
                                                                       amended by
                 Victoria carry on any rental business (whether or     No. 65/1988
                 not the person carries on any other business) or      s. 11(2).

                 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-30/6/99                        248
                                             Stamps Act 1958
 s. 131AC
                                            Act No. 6375/1958

S. 131AB(5)                    (5) In sub-section (1), "person to whom this section
inserted by                        applies" means a person who, in the month
No. 65/1988
s. 11(3),                          preceding the month in which the question arises,
amended by                         received in respect of rental business carried on by
No. 42/1996
s. 26(2).                          the person in Victoria (whether or not the person
                                   carries on any other business) an amount
                                   exceeding $6000.
S. 131AC          131AC. Statements to be lodged by registered persons with
substituted by
No. 10118                Comptroller20
s. 10(1).


S. 131AC(1)                    (1) A registered person, not later than the 21st day of
amended by
Nos 10256                          each calendar month, must lodge with the
s. 13(2),                          Comptroller of Stamps a statement in the form
103/1993
s. 5(1)(a)–(c),                    approved by the Comptroller showing—
119/1994
s. 27(a),                           (a) the total amount received during the
42/1996                                 preceding month in respect of—
s. 26(3)(a)(b),
substituted by
No. 31/1997
                                          (i) rental agreements entered into before
s. 17(3).                                     1 January 1997 (other than hire-
                                              purchase 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




                  AB-30/6/99                        249
                           Stamps Act 1958
                                                                         s. 131AC
                          Act No. 6375/1958

                  (c) the total amount received during the
                      preceding month in respect of—
                        (i) rental agreements entered into before
                            1 January 1997 (other than hire-
                            purchase 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 sub-
                      paragraph (ii).
             (2) A registered person must, not later than the 21st     S. 131AC(2)
                                                                       amended by
                 day of each calendar month, pay in cash to the        No. 119/1994
                 Comptroller of Stamps—                                s. 27(b),
                                                                       substituted by
                                                                       No. 31/1997
                  (a) in respect of rental agreements referred to in   s. 17(3).
                      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 sub-
                            section (1)(a)(i) is equal to or greater
                            than $6000, an amount determined in



AB-30/6/99                        250
                                Stamps Act 1958
s. 131AC
                               Act No. 6375/1958

                                 accordance with the following
                                 formula—
                                 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 sub-
                                 section (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
                                     sub-section (1)(a)(i); and
                                   B is the total amount referred to in
                                     sub-section (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


           AB-30/6/99                  251
                            Stamps Act 1958
                                                                           s. 131AC
                           Act No. 6375/1958

                             $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, 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-30/6/99                         252
                                             Stamps Act 1958
 s. 131AC
                                            Act No. 6375/1958

S. 131AC(3B)                     *            *            *           *             *
inserted by
No. 76/1992
s. 37,
repealed by
No. 104/1993
s. 41(1)(c).

                              (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—
                                     (a) any transaction effected or evidenced by an
                                         instrument to which subdivision (14) applies;
S. 131AC
(4)(aa)
                                  (aa) a hire purchase agreement21—
inserted by
No. 65/1987
                                          (i) that is a credit contract within the
s. 13(2),                                     meaning of the Consumer Credit
substituted by
No. 42/1996
                                              (Victoria) Code under which the
s. 26(5).                                     amount of credit does not exceed
                                              $35 000; or
                                          (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);
S. 131AC                          (ab) rental business (other than special rental
(4)(ab)
inserted by                            agreements) in respect of which stamp duty
No. 103/1993                           of a similar nature has been paid under a law
s. 5(2).
                                       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);
S. 131AC(4)(b)                       (b) the grant of the right to the use of goods
amended by
No. 119/1994                             beneficially owned by a corporation to
s. 33(9)(m).                             another corporation which is by virtue of
                                         section 50 of the Corporations Law related to
                                         that first-mentioned corporation; or


                 AB-30/6/99                         253
                           Stamps Act 1958
                                                                          s. 131AD
                          Act No. 6375/1958

                  (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.
             (5) This section, as amended by section 17(3) of the       S. 131AC(5)
                                                                        inserted by
                 State Taxation Acts (Amendment) Act 1997,              No. 31/1997
                 applies to a statement relating to January 1997 and    s. 17(4).

                 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                               S. 131AD
                                                                        substituted by
                                                                        No. 10118
             (1) A registered person—                                   s. 10(1).
                  (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-30/6/99                       254
                                               Stamps Act 1958
 s. 131AE
                                              Act No. 6375/1958

                                        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          131AE. Penalties
substituted by
No. 10118
s. 10(1).


S. 131AE(1)                    (1) Where a registered person does not, in respect of a
amended by
Nos 10256                          month, in accordance with section 131AC, or in
s. 13(3)(a)(b),                    respect of another period, in accordance with
65/1988
s. 11(5).                          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-30/6/99                        255
                           Stamps Act 1958
                                                                         s. 131AF
                          Act No. 6375/1958

131AF. Transactions with unregistered persons                          S. 131AF
                                                                       substituted by
             (1) Where any person domiciled or resident in             No. 10118
                 Victoria transacts or offers to transact any          s. 10(1).

                 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-30/6/99                       256
                                            Stamps Act 1958
 s. 131AF
                                           Act No. 6375/1958

                                  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 sub-
                                  section (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;
S. 131AF(7)(c)                     (c) with the Crown or any person acting on
amended by
No. 88/1986                            behalf of the Crown whether in right of the
s. 18.                                 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-30/6/99                        257
                            Stamps Act 1958
                                                                         s. 131AG
                           Act No. 6375/1958

                *            *           *           *           *     S. 131AFA
                                                                       inserted by
                                                                       No. 9991 s. 16,
                                                                       repealed by
                                                                       No. 10118
                                                                       s. 10(1).


131AG. Undertaking to pay duty                                         S. 131AG
                                                                       inserted by
                                                                       No. 8624
             (1) A person carrying on any rental business (whether     s. 2(2),
                 within or outside Victoria) who is not a registered   amended by
                                                                       Nos 9065
                 person and is not required to be a registered         s. 4(a)(b), 9699
                 person may give an undertaking in accordance          s. 23, 9850
                 with the prescribed form and manner to the            s. 97(a),
                                                                       substituted by
                 Comptroller of Stamps to make such payments to        No. 10118
                 the Comptroller of Stamps in respect of such          s. 10(1).

                 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.
             (4) If an undertaking given by a person under this        S. 131AG(4)
                                                                       inserted by
                 section is accepted by the Comptroller, the person    No. 65/1987
                 is deemed for the purposes of section 131AF to be     s. 12.

                 a registered person unless the person withdraws
                 the undertaking in accordance with sub-section (3)


AB-30/6/99                         258
                                          Stamps Act 1958
 s. 131A
                                         Act No. 6375/1958

                                or the Comptroller withdraws his or her
                                acceptance of the undertaking in accordance with
                                that sub-section.
Pt 2 Div. 3
Subdiv. (14)                   (14) Instalment Purchase Agreements
(Heading and
ss 132–136)
repealed by
No. 6450
s. 6(4) (as
amended by
No. 6489
s. 4(Sch. item
14(c)(iv))).
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(Sch. item
14(c)(ii))).

S. 131A            131A. Definitions
inserted by
No. 6450
s. 6(2) (as
                                In this subdivision unless inconsistent with the
amended by                      context or subject-matter—
No. 6849
s. 4(Sch. item
14(c)(ii))).


S. 131A def. of                *           *           *           *           *
"credit
purchase
agreement"
substituted by
Nos 6552 s. 3,
6739 s. 6(1),
amended by
No. 7500
s. 3(a),
repealed by
No. 65/1987
s. 13(1)(a).




                  AB-30/6/99                    259
                      Stamps Act 1958
                                                                   s. 131A
                     Act No. 6375/1958

             "goods" includes all chattels personal other than   S. 131A def. of
                 money, livestock books and things in action,    "goods"
                                                                 amended by
                 and includes any fixture severable from the     No. 6494
                 realty;                                         s. 3(a).

             *          *          *           *           *     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).


             "instalment purchase agreement" means a             S. 131A def. of
                                                                 "instalment
                  rental agreement;                              purchase
                                                                 agreement"
                                                                 substituted by
                                                                 No. 65/1987
                                                                 s. 13(1)(b) (as
                                                                 amended by
                                                                 No. 65/1988
                                                                 s. 24(1)(a)).



             "purchase price" in relation to a rental            S. 131A def. of
                                                                 "purchase
                 agreement means the price at which the          price"
                 goods the subject-matter of the agreement       substituted by
                                                                 No. 65/1987
                 might have been purchased for cash at the       s. 13(1)(c).
                 time of entering into the rental agreement;
             "purchaser" means the person to whom goods          S. 131A def. of
                                                                 "purchaser"
                 are bailed or agreed to be bailed under an      amended by
                 instalment purchase agreement;                  No. 65/1987
                                                                 s. 13(1)(d).



             "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

AB-30/6/99                   260
                                             Stamps Act 1958
 s. 131B
                                            Act No. 6375/1958

                                        further payment or on the payment of a
                                        nominal periodical or other amount;
S. 131A def. of                    "vendor" means the person by whom goods are
"vendor"
amended by                             bailed or agreed to be bailed under an
No. 65/1987                            instalment purchase agreement.
s. 13(1)(e).


S. 131B            131B. Imposition of duty on instalment purchase agreement
inserted by
No. 6450
s. 6(2) (as
                               (1) Subject to this subdivision and to the exemptions
amended by                         contained in the Heading "XIX INSTALMENT
No. 6489
s. 4(Sch. item
                                   PURCHASE AGREEMENT" in the Third
14(c)(ii))).                       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.
                               (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:
S. 131B(2)                         Provided that where the vendor is a person not
Proviso
amended by                         bound by the provisions of this Act the liability to
No. 6494 s. 4.                     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.
S. 131C            131C. Declaration of "approved vendors"
inserted by
No. 6450
s. 6(2) (as
                               (1) The Governor in Council may by Order published
amended by                         in the Government Gazette declare any person
No. 6489
s. 4(Sch. item
                                   carrying on business as a vendor of goods under
14(c)(ii))).                       instalment purchase agreements to be an
                                   "approved vendor" for the purposes of this
                                   subdivision and the Governor in Council may in



                  AB-30/6/99                       261
                          Stamps Act 1958
                                                                          s. 131C
                         Act No. 6375/1958

                like manner at any time revoke any such
                declaration.
             (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.
             (3) Every approved vendor who enters into any              S. 131C(3)
                                                                        amended by
                 instalment purchase agreement within the relevant      No. 6791 s. 20
                 period shall—
                  (a) furnish to the Comptroller of Stamps not          S. 131C(3)(a)
                                                                        substituted by
                      later than the 14th day of each month a           No. 7500
                      statement in duplicate in the prescribed form     s. 3(c).

                      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
                  (b) pay in cash to the Comptroller of Stamps as       S. 131C(3)(b)
                                                                        substituted by
                      stamp duty on that statement a sum equal to       No. 7500
                      1·2 per centum of the difference between the      s. 3(c),
                                                                        amended by
                      sums set out in the statement; and                Nos 8157
                                                                        s. 7(2), 8465
                                                                        s. 8(2), 9662
                                                                        s. 16(1).

                  (c) keep or cause to be kept in Victoria sufficient   S. 131C(3)(c)
                                                                        inserted by
                      books and records to enable him to calculate      No. 7500
                      accurately the total amounts which are to be      s. 3(c).




AB-30/6/99                       262
                                             Stamps Act 1958
 s. 131C
                                            Act No. 6375/1958

                                         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.
S. 131D                          *             *           *           *             *
inserted by
No. 6450
s. 6(2) (as
amended by
No. 6489
s. 4(Sch. item
14(c)(ii))),
amended by
No. 7332
(Sch. 1 item
108), repealed
by No. 8006
s. 8(2).




                 AB-30/6/99                         263
                           Stamps Act 1958
                                                                          s. 131E
                          Act No. 6375/1958

 131E. Preparation of instrument                                        S. 131E
                                                                        inserted by
             (1) The vendor of any goods under an instalment            No. 6450
                 purchase agreement (whether or not an approved         s. 6(2) (as
                                                                        amended by
                 vendor) shall, where the purchase price is not less    No. 6489
                 than $20, at or before the time of the making of       s. 4(Sch. item
                                                                        14(c)(ii))).
                 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;




AB-30/6/99                        264
                                          Stamps Act 1958
 s. 131E
                                         Act No. 6375/1958

                                      (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;
                                 (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".
S. 131E(4)                  (4) The vendor or, if the vendor's rights under the
amended by
No. 65/1987                     agreement are assigned to any other person, that
s. 13(1)(f).                    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(5)                  (5) This section does not apply to an instalment
inserted by
No. 10256                       purchase agreement to which an exemption under
s. 14.                          Heading XIX in the Third Schedule applies.




               AB-30/6/99                       265
                       Stamps Act 1958
                                                                      s. 131F
                      Act No. 6375/1958

 131F. Counterparts not separately chargeable                       S. 131F
                                                                    inserted by
             Notwithstanding anything in this Act a counterpart     No. 6450
             of an original instrument of instalment purchase,      s. 6(2) (as
                                                                    amended by
             which original instrument is chargeable with duty      No. 6489
             under this subdivision, shall not be chargeable        s. 4(Sch. item
                                                                    14(c)(ii))).
             with duty as an original instrument or counterpart
             of an instrument.
 131G. Penalty                                                      S. 131G
                                                                    inserted by
                                                                    No. 6450
             Every person who contravenes or fails to comply        s. 6(2) (as
             with any of the provisions of this subdivision shall   amended by
                                                                    No. 6489 s. 4
             be guilty of an offence and liable to a penalty of     (Sch. item
             not more than 2 penalty units and in addition a        14(c)(ii))),
             penalty of not more than double the amount of          amended by
                                                                    No. 9662
             duty that would have been payable if this              s. 23(ap).
             subdivision had been complied with.
             *          *           *           *           *       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
      (16) Motor vehicle and heavy trailer registration             Subdiv. (16).22
                                                                    Pt 2 Div. 3
                                                                    Subdiv. (16)
                                                                    (Heading)
                                                                    substituted by
                                                                    No. 103/1998
                                                                    s. 22.


 137A. Definitions                                                  S. 137A
                                                                    substituted by
                                                                    No. 103/1998
             In this subdivision and Heading XXI in the Third       s. 22.
             Schedule—
             "application for registration" means an
                 application for registration of a motor vehicle
                 or heavy trailer under the Road Safety Act
                 1986 if—


AB-30/6/99                   266
                                Stamps Act 1958
s. 137A
                               Act No. 6375/1958

                             (a) the vehicle or trailer has not previously
                                 been registered under that Act; or
                             (b) the person in whose name the vehicle or
                                 trailer is to be registered differs from
                                 the person in whose name the vehicle or
                                 trailer was last registered;
                       "application for transfer of registration" means
                           an application for the transfer of registration
                           of a motor vehicle or heavy trailer under the
                           Road Safety Act 1986;
                       "heavy trailer" means a trailer or semi-trailer
                           within the meaning of the Road Safety Act
                           1986 with an MRC exceeding 4·5 tonnes;
                       "licensed motor car trader" has the same
                            meaning as in the Motor Car Traders Act
                            1986;
                       "motor vehicle" means a motor vehicle within
                           the meaning of the Road Safety Act 1986;
                       "MRC" has the same meaning as in the Schedule
                          to the Road Transport Charges (Australian
                          Capital Territory) Act 1993 of the
                          Commonwealth;
                       "passenger car" means—
                             (a) a motor vehicle constructed principally
                                 for the carriage of passengers; or
                             (b) a motor vehicle that—
                                   (i) is designed principally for the
                                       conveyance of not more than
                                       8 adults; and
                                  (ii) is constructed either on a truck
                                       chassis or with special features for
                                       off-road operation—
                            but does not include—


          AB-30/6/99                   267
                           Stamps Act 1958
                                                                          s. 137AB
                          Act No. 6375/1958

                        (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
                        (e) a motor vehicle constructed for the
                            carriage of passengers and equipped to
                            seat more than 8 adults (including the
                            driver);
                 "registered operator" has the same meaning as
                      in the Road Safety Act 1986;
                 "registered used car dealer" means a person
                      registered under section 137AG;
                 "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.
137AB. Lodgment of statement of dutiable value                          S. 137AB
                                                                        substituted by
                                                                        No. 103/1998
             (1) A person who is required by law to make an             s. 22.
                 application for registration or transfer of
                 registration of a motor vehicle or heavy trailer
                 under the Road Safety Act 1986 must lodge with
                 the application a statement of the dutiable value of
                 the motor vehicle or heavy trailer, unless the
                 application is exempt from duty under this Act.
             (2) A statement of the dutiable value is to be in a form
                 approved by the Comptroller.




AB-30/6/99                        268
                                              Stamps Act 1958
 s. 137AC
                                             Act No. 6375/1958

S. 137AC           137AC. Who is liable to pay the duty?
substituted by
No. 103/1998                    (1) Duty on an application for registration of a motor
s. 22.                              vehicle or heavy trailer is payable by the applicant
                                    for registration.
                                (2) Duty on an application for transfer of registration
                                    of a motor vehicle or heavy trailer is payable by
                                    the acquirer of the vehicle or trailer.
S. 137AD           137AD. When does duty become payable?
substituted by
No. 103/1998
s. 22.
                                    Duty becomes payable on the making of the
                                    application for registration or transfer of
                                    registration of the motor vehicle or heavy trailer.
S. 137AE           137AE. What is the dutiable value of a motor vehicle or heavy
substituted by
No. 103/1998              trailer?
s. 22,
amended by                      (1) Subject to sub-section (2), the "dutiable value"
No. 32/1999
s. 16(1)(2) (ILA
                                    of a motor vehicle or heavy trailer is—
s. 39B(1)).
                                     (a) the consideration in money or money's worth
                                         given for the acquisition of the motor vehicle
                                         or heavy trailer; or
                                     (b) the price at which the motor vehicle or heavy
                                         trailer might reasonably be sold, free from
                                         encumbrances, in the open market—
                                    whichever is the greater.
S. 137AE(2)                     (2) The dutiable value of a motor vehicle that—
inserted by
No. 32/1999
s. 16(2).
                                     (a) is a taxi-cab within the meaning of the
                                         Transport Act 1983; and
                                     (b) is specially converted to provide wheelchair
                                         access to and egress from the vehicle; and
                                     (c) is capable of carrying at least one occupied
                                         wheelchair; and




                   AB-30/6/99                        269
                           Stamps Act 1958
                                                                          s. 137AF
                          Act No. 6375/1958

                  (d) has not previously been registered in Victoria
                      or elsewhere—
                 is the value determined in accordance with sub-
                 section (1) less $24 000 or such other amount as is
                 prescribed.
137AF. Prohibition on registration of motor vehicles and                S. 137AF
                                                                        substituted by
       heavy trailers                                                   No. 103/1998
                                                                        s. 22.
             (1) The registration authority must not register a
                 motor vehicle or heavy trailer unless—
                  (a) a statement of the dutiable value of the motor
                      vehicle or heavy trailer is lodged in
                      accordance with section 137AB and duty is
                      duly paid on the application; or
                  (b) the application for registration of the motor
                      vehicle or heavy trailer is exempt from duty
                      under this Act.
             (2) In this section "registration authority" means
                 the person who has the responsibility for the
                 registration of motor vehicles or heavy trailers in
                 Victoria.
137AG. Registration of motor traders and dealers                        S. 137AG
                                                                        substituted by
                                                                        No. 103/1998
             (1) The Comptroller of Stamps, on written application      s. 22.
                 by a licensed motor car trader or a special dealer,
                 must register the trader or dealer as a registered
                 used car dealer and give the trader or dealer a code
                 number.
             (2) The Comptroller must give written notice of
                 registration to the trader or dealer.
             (3) Registration has effect on and from the date
                 specified in the notice under sub-section (2).




AB-30/6/99                        270
                                          Stamps Act 1958
 s. 137AH
                                         Act No. 6375/1958

S. 137AH       137AH. Cessation of business and cancellation of registration
inserted by
No. 103/1998                (1) A registered used car dealer who—
s. 22.
                                 (a) ceases to be a licensed motor car trader or
                                     special dealer (as the case may be); or
                                 (b) wishes to cease being registered under
                                     section 137AG—
                                must give written notice to the Comptroller of
                                Stamps before or forthwith on so ceasing and must
                                lodge the return required to be lodged under
                                section 137AK and pay the duty required to be
                                paid on that return, on or before the 21st day of the
                                month following the month in which the notice is
                                given.
                            (2) The Comptroller may cancel the registration of a
                                registered used car dealer—
                                 (a) on receipt of a notice under sub-section (1);
                                     or
                                 (b) if the Comptroller is satisfied that the dealer
                                     has ceased to be a licensed motor car trader
                                     or special dealer (as the case may be).
S. 137AI       137AI. Register of used car dealers
inserted by
No. 103/1998
s. 22.
                            (1) The Comptroller must keep a register of registered
                                used car dealers.
                            (2) Anyone may inspect the register without charge at
                                the Comptroller's principal office during the hours
                                that office is open to the public.
S. 137AJ       137AJ. Endorsement of code number on application
inserted by
No. 103/1998
s. 22.
                                When a registered used car dealer disposes of a
                                motor vehicle or heavy trailer that is registered
                                under the Road Safety Act 1986 to another
                                person (whether or not the dealer is the registered
                                operator of the vehicle or trailer), the dealer must
                                endorse the dealer's code number on the


               AB-30/6/99                        271
                             Stamps Act 1958
                                                                         s. 137AK
                            Act No. 6375/1958

                 application for transfer of registration of the
                 vehicle or trailer.
                 Penalty:    100 penalty units.
137AK. Monthly returns and payment of duty                             S. 137AK
                                                                       inserted by
                                                                       No. 103/1998
             (1) A registered used car dealer must, on or before the   s. 22.
                 21st day of each month—
                  (a) lodge a return with the Comptroller of
                      Stamps; and
                  (b) pay to the Comptroller as stamp duty on the
                      return an amount equal to the duty that
                      would have been payable under this Act on
                      applications for transfer of registration of
                      motor vehicles and heavy trailers disposed of
                      by the dealer during the preceding month,
                      but for exemption (4) under Heading XXI in
                      the Third Schedule.
             (2) A "nil" return must be lodged if nothing has
                 happened in the preceding month to require the
                 registered used car dealer to pay duty under this
                 section.
             (3) The Comptroller may require a return under this
                 section to be verified in the manner approved by
                 the Comptroller.
             (4) If a registered used car dealer does not comply       S. 137AK(4)
                                                                       inserted by
                 with this section, the Comptroller may recover as     No. 47/1999
                 a debt in a court of competent jurisdiction—          s. 17.

                  (a) the amount payable under sub-section (1)(b)
                      and interest at the rate of 20% per annum
                      from the date on which payment was due; or
                  (b) $25—
                 whichever is the greater.




AB-30/6/99                        272
                                            Stamps Act 1958
 s. 137AL
                                           Act No. 6375/1958

S. 137AK(5)                 (5) The Comptroller may mitigate or remit a debt
inserted by                     payable under sub-section (4).
No. 47/1999
s. 17.


S. 137AL       137AL. Recovery of duty by registered used car dealer
inserted by
No. 103/1998
s. 22.
                            (1) A registered used car dealer may require a person
                                who acquires a motor vehicle or heavy trailer from
                                the dealer to pay the dealer an amount equal to the
                                duty payable by the dealer under section
                                137AK(1)(b) by reference to the motor vehicle or
                                heavy trailer.
                            (2) The requirement is duly made if it is contained in
                                a written request given to the person that specifies
                                the amount of the duty.
                            (3) If the amount is not paid to the registered used car
                                dealer, the dealer may recover it from the person
                                as a debt.
S. 137AM       137AM. Unauthorised endorsement of code number
inserted by
No. 103/1998
s. 22.
                                A person must not endorse the code number of a
                                registered used car dealer on an application for
                                transfer of registration of a motor vehicle or heavy
                                trailer unless the person is required to do so by or
                                under this subdivision.
                                Penalty:    100 penalty units.
S. 137AN       137AN. Duty on statement of change of use
inserted by
No. 103/1998
s. 22.
                            (1) This section imposes duty if—
                                 (a) there is a change in the predominant use of a
                                     motor vehicle or heavy trailer the last
                                     application for registration or transfer of
                                     registration of which was exempt from duty
                                     under Heading XXI in the Third Schedule
                                     because of the use of the vehicle or trailer;
                                     and



               AB-30/6/99                        273
                           Stamps Act 1958
                                                                           s. 137AO
                          Act No. 6375/1958

                  (b) an application for registration or transfer of
                      registration of the vehicle or trailer in
                      Victoria is not made in connection with the
                      change of use.
             (2) Within 14 days after there is a change in the
                 predominant use of a motor vehicle or heavy
                 trailer of the kind referred to in sub-section (1),
                 the registered operator of the vehicle or trailer
                 must—
                  (a) lodge with the Comptroller of Stamps a
                      statement of the change in the use; and
                  (b) pay duty at the rate of $8 per $200, or part, of
                      the dutiable value of the vehicle or trailer at
                      the time the change occurred.
137AO. Duty on statement of acquisition                                  S. 137AO
                                                                         inserted by
                                                                         No. 103/1998
             (1) This section imposes duty on the acquisition of a       s. 22.
                 motor vehicle or heavy trailer if an application for
                 transfer of registration of the vehicle or trailer is
                 not made within the time required for the
                 lodgment of that application under the Road
                 Safety Act 1986 or regulations under that Act.
             (2) If a person acquires a motor vehicle or heavy
                 trailer and does not make an application for
                 transfer of registration of the vehicle or trailer
                 within the time required for the lodgment of that
                 application under the Road Safety Act 1986 or
                 regulations under that Act, the person must, within
                 7 days after the expiry of that time—
                  (a) lodge with the Comptroller of Stamps a
                      statement of the acquisition; and
                  (b) pay duty at the rate of $8 per $200, or part, of
                      the dutiable value of the vehicle or trailer at
                      the time of the acquisition.




AB-30/6/99                        274
                                          Stamps Act 1958
 s. 137AP
                                         Act No. 6375/1958

                            (3) If an application referred to in sub-section (2) is
                                subsequently made and duty is paid on the
                                application or the application is not chargeable
                                with duty, the person is entitled to a refund of duty
                                paid on the statement under sub-section (2).
S. 137AP       137AP. Entitlement to refund
inserted by
No. 103/1998
s. 22.
                            (1) A person is entitled to a refund of duty paid by the
                                person on an application for registration or
                                transfer of registration of a motor vehicle or heavy
                                trailer if—
                                 (a) the application is exempt from or not
                                     chargeable with duty; or
                                 (b) after the duty is paid the application is
                                     refused; or
                                 (c) after the duty is paid—
                                       (i) the proposed acquisition of the motor
                                           vehicle or heavy trailer does not
                                           proceed; and
                                       (ii) the vehicle or trailer has been returned
                                            to the person from whom it was
                                            proposed to be acquired; and
                                      (iii) all money refundable as a result of the
                                            acquisition not proceeding has been
                                            refunded to the person who proposed to
                                            acquire the vehicle or trailer.
                            (2) A person is entitled to a refund of that part of the
                                duty paid by the person on an application for
                                registration or transfer of registration of a motor
                                vehicle or heavy trailer that is overpaid.
S. 137AQ       137AQ. Transitional provision
inserted by
No. 103/1998
s. 22.
                                For the purposes of exemption (4) under
                                Heading XXI in the Third Schedule, a reference to
                                a previous application to transfer registration of a


               AB-30/6/99                        275
                          Stamps Act 1958
                                                                        s. 137D
                         Act No. 6375/1958

                motor vehicle or heavy trailer includes a reference
                to a previous notice of acquisition of the vehicle
                or trailer within the meaning of section 137A as in
                force immediately before the commencement of
                section 22 of the State Taxation (Further
                Amendment) Act 1998.
                *          *           *           *           *      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)
                                                                      (Sch. 1 item
                                                                      230), repealed
                                                                      by No. 10118
                                                                      s. 12(1).
                                                                      Pt 2 Div. 3
         (17) Mortgage, Bond, Debenture or Covenant                   Subdiv. (17)
                                                                      (Heading and
                                                                      ss 137D–
                                                                      137N)
                                                                      inserted by
                                                                      No. 7204
                                                                      s. 6(b).


 137D. Definitions                                                    S. 137D
                                                                      inserted by
                                                                      No. 7204
             (1) In this subdivision and under the Heading XXII in    s. 6(b).
                 the Third Schedule—
                "collateral security" includes any debenture          S. 137D(1)
                                                                      def. of
                     issued under or pursuant to an instrument of     "collateral
                     mortgage or trust which has been duly            security"
                                                                      inserted by
                     stamped and any auxiliary additional or          No. 7268
                     substituted security;                            s. 4(1)(a).

                "mortgage" means a security by way of mortgage        S. 137D(1)
                                                                      def. of
                    or charge for the payment of any definite and     "mortgage"
                    certain sum of money advanced or lent at the      amended by
                                                                      No. 7585
                    time or previously due or owing, or forborne      s. 7(a)(b).




AB-30/6/99                       276
                           Stamps Act 1958
s. 137D
                          Act No. 6375/1958

                       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;
                        (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


          AB-30/6/99              277
                          Stamps Act 1958
                                                                          s. 137D
                         Act No. 6375/1958

                           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;
                *           *           *           *               *   S. 137D(1)
                                                                        def. of
                                                                        "foreign
                                                                        security"
                                                                        amended by
                                                                        No. 65/1987
                                                                        s. 16, repealed
                                                                        by No.
                                                                        32/1999 s. 17.


             (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.
             (3) This subdivision in relation to bonds or covenants     S. 137D(3)
                                                                        inserted by
                 shall apply and shall be deemed to have always         No. 7268
                 applied only to bonds or covenants which secure        s. 4(1)(b),
                                                                        amended by
                 the payment of a definite and certain sum of           No. 7585
                 money advanced or lent at the time or previously       s. 7(c).

                 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).




AB-30/6/99                       278
                                          Stamps Act 1958
 s. 137D
                                         Act No. 6375/1958

S. 137D(3A)            (3A) Where an instrument of variation is executed
inserted by                 varying the principal sum secured by a mortgage
No. 9413
s. 12(1).                   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)         (3AA) Where a notice of variation of the principal sum
inserted by
No. 10256                  secured by a mortgage of property of a company is
s. 15(1)(a).               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)            (3B) Stamp duty payable on an instrument or notice of
inserted by
No. 9413                    variation of a mortgage shall be denoted by an
s. 12(1),                   impressed stamp.
amended by
No. 10256
s. 15(1)(b).


S. 137D(4)                  (4) For the purposes of this subdivision a mortgage
inserted by
No. 7268                        bond debenture or covenant, whether executed
s. 4(1)(b).                     before or after the enactment of this subdivision
                                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


               AB-30/6/99                       279
                           Stamps Act 1958
                                                                          s. 137DA
                          Act No. 6375/1958

                      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         S. 137D(5)
                                                                        inserted by
                 the Government Gazette, may declare a public           No. 31/1997
                 statutory authority constituted under the laws of      s. 18.

                 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 Victoria23            S. 137DA
                                                                        inserted by
                                                                        No. 9662
             (1) If under an instrument to which this subdivision       s. 17(1),
                 applies money to be paid or repaid, or which is        amended by
                                                                        No. 9991 s. 19,
                 ultimately recoverable, is secured wholly or in part   substituted by
                 on property out of Victoria, duty shall, subject to    No. 65/1987
                 this section, be payable under this subdivision on     s. 17.

                 the full amount secured.
             (2) If the Comptroller of Stamps is satisfied that any     S. 137DA(2)
                                                                        amended by
                 duty of a like nature to duty payable under sub-       No. 65/1988
                 section (1) has been paid or, but for an exemption     s. 13(a)(i).

                 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 sub-
                 section (1) shall be reduced by—




AB-30/6/99                        280
                                            Stamps Act 1958
 s. 137DA
                                           Act No. 6375/1958

S. 137DA(2)(a)                     (a) the same proportion of the duty payable
amended by                             under sub-section (1) as the value of the
No. 28/1988
s. 4.                                  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)                     (b) the actual amount of the duty that is paid or
amended by
No. 65/1988                            that, but for the exemption, would be payable
s. 13(a)(ii).                          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
                                        (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


                 AB-30/6/99                       281
                     Stamps Act 1958
                                                                  s. 137DA
                    Act No. 6375/1958

                 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
                 (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.




AB-30/6/99                  282
                                             Stamps Act 1958
 s. 137DB
                                            Act No. 6375/1958

S. 137DA(5)                   (5) If, in relation to an instrument of mortgage which
inserted by                       does not secure any money on property in
No. 65/1988
s. 13(b).                         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.
S. 137DB         137DB. Caveats
inserted by
No. 10256
s. 15(2) (as
                              (1) A caveat under the Transfer of Land Act 1958 in
amended by                        respect of a mortgage is chargeable with duty—
No. 65/1987
s. 27(3)(a)).

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.
S. 137DB(4)                   (4) If a caveat is denoted not chargeable with duty,
inserted by
No. 65/1987                       production of the caveat is evidence that the
s. 21(1)(b).                      caveat is not chargeable with duty.


                 AB-30/6/99                        283
                               Stamps Act 1958
                                                                              s. 137EA
                              Act No. 6375/1958

 137E. Charge on security for marketable security                           S. 137E
                                                                            inserted by
                   A security for the transfer or re-transfer of any        No. 7204
                   marketable security is to be charged with the same       s. 6(b).

                   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                        S. 137EA
                                                                            inserted by
                                                                            No. 9413
                   Where a mortgage is not stamped as required by           s. 12(2).
                   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                               S. 137F
                                                                            inserted by
                                                                            No. 7204
             (1) A security for the payment or repayment of money           s. 6(b).
                 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)       (a) Where such total amount is unlimited the         S. 137F(2)
                                                                            substituted by
                           security is to be available for such an amount   No. 8157
                           only as the ad valorem duty denoted thereon      s. 9(3),
                                                                            amended by
                           extends to cover; but where any advance is       No. 8465
                           made in excess of the amount covered by          s. 11(3).

                           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—
                   *            *           *            *              *   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—


AB-30/6/99                            284
                                        Stamps Act 1958
 s. 137F
                                       Act No. 6375/1958

                                         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)              (2A) Stamp duty is not to be charged in respect of a
inserted by
No. 10256                     security in so far as it secures the payment or
s. 15(3) (as                  repayment of an amount24—
amended by
No. 65/1987
s. 27(4)),
                                (a) under a credit contract (within the meaning
substituted by                      of the Consumer Credit (Victoria) Code)
Nos 65/1987                         under which the amount of credit does not
s. 18, 42/1996
s. 27(1),                           exceed $35 000; or
amended by
No. 31/1997                     (b) under a contract that, but for the Consumer
s. 19(1).
                                    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)              (2B) Sub-section (2A), as amended by section 19(1) of
inserted by
No. 31/1997                   the State Taxation Acts (Amendment) Act 1997,
s. 19(2).                     applies in respect of a security given on or after 1
                              November 1996.
S. 137F(2C)              (2C) Sub-section (2A) does not apply to a security
inserted by
No. 86/1997                   given on or after 1 November 1997 in so far as it
s. 23.                        secures the payment or repayment of an amount
                              that was provided for the purposes of—


                 AB-30/6/99                    285
                           Stamps Act 1958
                                                                           s. 137F
                          Act No. 6375/1958

                  (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              S. 137F(2D)
                                                                         inserted by
             dwelling house" means—                                      No. 86/1997
                                                                         s. 23.
                  (a) a building that is designed, or is designed
                      principally, as a separate residence for one
                      family or person; or
                  (b) an apartment, flat or other part of a building
                      that is so designed.
             (3) Where the original security is deposited or             S. 137F(3)
                                                                         amended by
                 recorded in the Office of Titles or any other public    No. 18/1989
                 office in which registration is required, any           s. 13(Sch. 2
                                                                         item 84(l)).
                 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
                 of the amount in respect whereof the security is
                 chargeable with ad valorem duty.
             (5) For the purposes of this section the total amount       S. 137F(5)
                                                                         inserted by
                 secured or to be secured shall be deemed to be not      No. 7268
                 in any way limited and to be of an unlimited            s. 4(1)(c).

                 amount if the amount secured or to be secured is


AB-30/6/99                        286
                                             Stamps Act 1958
 s. 137G
                                            Act No. 6375/1958

                                   capable of being varied in a manner which
                                   prevents the amount secured or to be secured from
                                   presently being determined.
S. 137F(6)                     (6) For the purposes of sub-section (3) a reproduction
inserted by
No. 9413                           of an instrument or of a recording of an instrument
s. 13(1),                          within the meaning of section 53 of the Evidence
amended by
No. 18/1989                        Act 1958 purporting to be signed—
s. 13(Sch. 2
item 84(m)).                        (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. 137F(6)(c)                       (c) in the case of an instrument lodged at the
amended by
No. 9699 s. 23.                         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            137G. Charge on security for repayment by periodical
inserted by
No. 7204                 payments
s. 6(b).
                                   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.
S. 137H            137H. As to transfers and further charges
inserted by
No. 7204
s. 6(b).
                                   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


                  AB-30/6/99                        287
                           Stamps Act 1958
                                                                           s. 137I
                          Act No. 6375/1958

                 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                                              S. 137I
                                                                         inserted by
                                                                         No. 7204
                                                                         s. 6(b),
                                                                         amended by
                                                                         No. 7268
                                                                         s. 4(1)(d)(e),
                                                                         substituted by
                                                                         No. 7317 s. 5,
                                                                         amended by
                                                                         No. 9991
                                                                         s. 20(1),
                                                                         substituted by
                                                                         No. 65/1987
                                                                         s. 19.


             (1) If an instrument of security for money is duly          S. 137I(1)
                                                                         amended by
                 stamped under this Act or under the law of another      No. 32/1999
                 State or of a Territory of the Commonwealth (in         s. 18.

                 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




AB-30/6/99                        288
                                           Stamps Act 1958
 s. 137IA
                                          Act No. 6375/1958

                                      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
                                 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        137IA. Stamping collateral security as primary security
inserted by
No. 10256
s. 15(5) (as
                                 A counterpart of an original security or an
amended by                       instrument of collateral security for moneys
No. 65/1987
s. 27(3)(b)).
                                 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           137J. Payment and denoting of duty
inserted by
No. 7204
s. 6(b),
                                 The duty payable under this Act on or in relation
amended by                       to any mortgage, bond, debenture, covenant or
No. 88/1986
s. 22(b).
                                 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.

                AB-30/6/99                        289
                       Stamps Act 1958
                                                                     s. 137LA
                      Act No. 6375/1958

 137K. Foreign securities may be stamped without penalty           S. 137K
                                                                   inserted by
             The Comptroller of Stamps may at any time,            No. 7204
             without reference to the date thereof, allow any      s. 6(b).

             foreign security to be stamped without the
             payment of any penalty, upon being satisfied in
             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.
             *          *           *           *           *      S. 137L
                                                                   inserted by
                                                                   No. 7204
                                                                   s. 6(b),
                                                                   amended by
                                                                   No. 9662
                                                                   s. 23(aq),
                                                                   repealed by
                                                                   No. 32/1999
                                                                   s. 19.

137LA. Subsequent mortgages                                        S. 137LA
                                                                   inserted by
                                                                   No. 7430
             Where a subsequent mortgage contains a covenant       s. 2(1),
             which confers upon the mortgagee a right whether      amended by
                                                                   Nos 8157
             absolute or contingent to pay to a prior mortgagee    s. 9(4), 8465
             the amount owing under a prior mortgage and           s. 11(4),
             providing that any payment so made will be            88/1986
                                                                   s. 22(c).
             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.




AB-30/6/99                   290
                                              Stamps Act 1958
 s. 137M
                                             Act No. 6375/1958




S. 137M            137M. Duty on subscriptions under instruments which
inserted by
No. 7204                 secure debenture holders25
s. 6(b).


S. 137M(1)                      (1) Where any borrowing corporation is a party to any
amended by
Nos 7268                            instrument of mortgage or trust which is made for
s. 4(1)(f), 9911                    the purpose of securing holders of debentures the
s. 7(1).
                                    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)                      (2) An undertaking given by a borrowing corporation
amended by
Nos 7268                            and a trustee for the holders of debentures under
s. 4(1)(g), 8157                    sub-section (1) shall be under seal and—
s. 9(5)(a)(b),
8465 s. 11(5)
(a)(b), 9911
s. 7(1),
substituted by
No. 9991
s. 21(1).
S. 137M(2)(a)                        (a) shall bind the trustee and the borrowing
amended by
No. 65/1988                              corporation to lodge with the Comptroller of
s. 14(1)(a).                             Stamps not later than the 15th day of each
                                         month a statutory declaration setting forth
                                         the total amount subscribed for in Victoria in


                   AB-30/6/99                       291
                        Stamps Act 1958
                                                                       s. 137M
                       Act No. 6375/1958

                   respect of debentures issued under the
                   instrument of mortgage or trust during the
                   preceding month of the year; and
               (b) shall bind the borrowing corporation to pay       S. 137M(2)(b)
                                                                     amended by
                   to the Comptroller of Stamps not later than       No. 65/1988
                   the 15th day of each month eighty cents           s. 14(1)(b).

                   ($0.80) for every $200 and for any fractional
                   part of $200 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 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   S. 137M(2A)
                                                                     inserted by
             circumstances of a particular case it is not            No. 10256
             reasonable to require a statutory declaration and       s. 15(6).

             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.
        (2B) In sub-section (2), a reference to amounts              S. 137M(2B)
                                                                     inserted by
             repayable at call includes a reference to moneys        No. 88/1986
             repayable on demand at the expiration of a term of      s. 23.

             three months or less and, if not demanded,
             thereafter repayable at call.



AB-30/6/99                    292
                                         Stamps Act 1958
 s. 137M
                                        Act No. 6375/1958

S. 137M(3)                 (3) Where a person resident or domiciled in Victoria
inserted by                    becomes the holder of a debenture referred to in
No. 9991
s. 21(2),                      sub-section (1) which was subscribed for outside
amended by                     Victoria, the debenture is chargeable, on the date
Nos 10256
s. 15(7),                      on which that person becomes the holder of the
65/1988                        debenture, with an amount of duty under this
s. 14(2).
                               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
                               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)                 (4) In this section, a reference to an amount
inserted by
No. 9991                       subscribed for in respect of debentures includes a
s. 21(2).                      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)                 (5) In this section, "exempt debenture" means a
inserted by
No. 65/1988                    debenture that is a debenture on which stamp duty
s. 14(3),                      is not payable by reason of section 137MBA or a
amended by
No. 76/1992                    debenture that forms or is to form part of an issue
s. 31.                         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



              AB-30/6/99                        293
                         Stamps Act 1958
                                                                         s. 137MA
                        Act No. 6375/1958

                 (d) the face value of each debenture is or is to be
                     not less than $100 000; and
                 (e) the debentures are or are to be issued only to    S. 137M(5)(e)
                                                                       amended by
                     persons who carry on a business of buying or      No. 119/1994
                     selling debentures, bonds or covenants or         s. 33(9)(n).

                     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.
137MA. Application for exemption from stamp duty payable               S. 137MA
                                                                       inserted by
      on mortgage                                                      No. 9850
                                                                       s. 98(1).


             *             *           *           *            *      S. 137MA(1)
                                                                       repealed by
                                                                       No. 27/1995
                                                                       s. 14.


        (1A) If—                                                       S. 137MA(1A)
                                                                       inserted by
                                                                       No. 65/1988
                                                                       s. 15.



                 (a) in relation to a conveyance of real property a    S. 137MA
                                                                       (1A)(a)
                     person is, or persons are, an eligible person     amended by
                     for the purposes of section 71A or 71B; and       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



AB-30/6/99                      294
                                            Stamps Act 1958
 s. 137MB
                                           Act No. 6375/1958

                                property or the construction of a dwelling on the
                                real property.
S. 137MA(1B)           (1B) A reference in sub-section (1A)(b) to an eligible
inserted by
No. 49/1997                 person who mortgages real property includes a
s. 10(2).                   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
                                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.
S. 137MA(6)                 (6) This section, as amended by section 10 of the
inserted by
No. 49/1997                     State Taxation Acts (Further Amendment) Act
s. 10(3).                       1997 applies to refinancing mortgages entered into
                                on or after 1 May 1997.
S. 137MB       137MB. Exemption for certain corporate debentures
inserted by
No. 88/1986
s. 24(1).
                            (1) A corporation that has made or intends to make a
                                prescribed issue may apply in writing to the


               AB-30/6/99                        295
                             Stamps Act 1958
                                                                           s. 137MB
                            Act No. 6375/1958

                 Comptroller of Stamps for an exemption from, or
                 refund of, stamp duty paid or payable on—
                  (a) a debenture, bond or covenant that is—             S. 137MB(1)(a
                                                                         ) amended by
                                                                         No. 65/1988
                        (i) a security that is part of a prescribed      s. 16.
                            issue; or
                       (ii) a collateral security for a prescribed
                            issue; or
                  (b) any instrument of trust for the sole purpose       S. 137MB(1)(b
                                                                         ) amended by
                      of securing holders of debentures, bonds or        No. 65/1988
                      covenants that are securities forming the          s. 16.

                      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—


AB-30/6/99                        296
                                           Stamps Act 1958
 s. 137MBA
                                          Act No. 6375/1958

                                  (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
                                  (d) the face value of each debenture, bond or
                                      covenant is not less than $100 000; and
S. 137MB(6)(e                     (e) the debentures, bonds or covenants are
) amended by
No. 119/1994                          issued only to persons who carry on a
s. 33(9)(o).                          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.
S. 137MBA       137MBA. Exemption of certain debentures and related
inserted by
No. 76/1992           instruments from duty26
s. 32.
                             (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—




                AB-30/6/99                        297
                           Stamps Act 1958
                                                                       s. 137MBA
                          Act No. 6375/1958

                        (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
                            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.




AB-30/6/99                       298
                                           Stamps Act 1958
 s. 137MC
                                          Act No. 6375/1958

S. 137MC         137MC. Refinancing of loans
inserted by
No. 10/1996                   (1) In this section—
s. 25,
substituted by                    "refinancing mortgage" means a mortgage that
No. 49/1997
s. 11,
                                       secures the amount of the balance
amended by                             outstanding immediately before the
No. 86/1997                            execution of that mortgage under an earlier
s. 26,
substituted by                         duly stamped mortgage to the same borrower
No. 32/1999                            (whether or not over the same property) that
s. 20.
                                       is discharged or to be discharged as part of
                                       the arrangements for the new mortgage.
                              (2) For the purposes of sub-section (1), mortgages are
                                  created to secure an advance to the same borrower
                                  if, either directly by the mortgages themselves or
                                  indirectly through one or more collateral
                                  arrangements, the same person obtains the
                                  advances secured by them.
                              (3) A refinancing mortgage is taken to have been
                                  stamped with ad valorem duty as a mortgage in
                                  respect of the amount required to discharge the
                                  earlier mortgage (being an amount in relation to
                                  which mortgage duty has been paid or in relation
                                  to which an exemption from duty has been
                                  obtained), except as provided by sub-section (5).
                              (4) If an advance is refinanced by more than one
                                  lender, so that mortgages given to the lenders
                                  together secure the balance outstanding under an
                                  earlier mortgage, the definition of "refinancing
                                  mortgage" in sub-section (1) is to be construed as
                                  though—
                                   (a) the reference to a mortgage securing the
                                       outstanding balance were a reference to the
                                       aggregate of such mortgages; and
                                   (b) each lender were the holder of a refinancing
                                       mortgage.



                 AB-30/6/99                       299
                           Stamps Act 1958
                                                                        s. 137MC
                          Act No. 6375/1958

             (5) If, as provided by sub-section (4), each of a
                 number of lenders is the holder of a refinancing
                 mortgage, a refinancing mortgage held by each
                 lender is taken to have been duly stamped with ad
                 valorem duty as a mortgage in respect of an
                 amount equal to the same proportion of the
                 amount required to discharge the earlier mortgage
                 as the amount secured by that mortgage bears to
                 the total amount secured by the refinancing
                 mortgages held by all the lenders.
             (6) If each of 2 or more refinancing mortgages
                 severally secures the same advance—
                  (a) the provisions of sub-section (3) or (5), as
                      the case may be, apply to such one of the
                      mortgages as the Comptroller of Stamps
                      determines; and
                  (b) no duty is chargeable in respect of any of the
                      others (insofar as it is a refinancing
                      mortgage) but the Comptroller may denote
                      any of them in a manner approved by the
                      Comptroller.
             (7) For the purposes of section 137I—
                  (a) a refinancing mortgage that is taken, by the
                      operation of sub-section (3) or (5), to be duly
                      stamped is in either case the "stamped
                      instrument"; and
                  (b) duty is taken to have been paid on it to the
                      extent provided by whichever of those sub-
                      sections applies.
             (8) Duty at the rate of $0 80 per $200 or part of $200
                 is payable on the amount by which the advance
                 made under a refinancing mortgage (not being a
                 mortgage on which, by virtue of sub-section
                 (6)(b), no duty is chargeable) exceeds—



AB-30/6/99                       300
                                              Stamps Act 1958
 s. 137N
                                             Act No. 6375/1958

                                     (a) the amount required to discharge the earlier
                                         mortgage; or
                                     (b) the proportion of that amount referred to in
                                         sub-section (5), in the case of a refinancing
                                         to which sub-section (4) applies.
                                (9) If the number of original borrowers is reduced, the
                                    remaining borrower or borrowers is or are taken to
                                    be the same borrower or the same person for the
                                    purposes of sub-section (1) or (2).
S. 137N             137N. Definitions
inserted by
No. 7204
s. 6(b),
                                (1) For the purposes of this subdivision and the
substituted by                      provisions of the Third Schedule under the
No. 9662 s. 18,
amended by
                                    Heading "XXII MORTGAGE, BOND,
No. 10118                           DEBENTURE OR COVENANT" and the
s. 10(3)(a)–(d).                    interpretation of "Marketable security" where used
                                    in this subdivision or those provisions—
S. 137N(1)(a)                        (a) "borrowing corporation", "company",
amended by
Nos 9699                                 "corporation" and "share" have the same
s. 23,                                   respective meanings as they have in the
119/1994
s. 33(9)(p).                             Corporations Law;
S. 137N(1)(b)                        (b) "declared institution" means an institution
amended by
No. 9725                                 declared by the Comptroller of Stamps by
s. 4(1).                                 notice published in the Government Gazette
                                         to be an institution for the purposes of sub-
                                         paragraph (vi) of the interpretation of
                                         "debenture" in paragraph (c);
S. 137N(1)(c)                        (c) "debenture" includes debenture stock,
amended by
No. 9699 s. 23                           bonds, notes and any other document
(as amended                              evidencing or acknowledging indebtedness
by No. 9902
s. 2(1)).                                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—



                   AB-30/6/99                       301
                 Stamps Act 1958
                                                                s. 137N
                Act No. 6375/1958

              (i) a document that merely acknowledges         S. 137N(1)(c)(i
                  the receipt of money by a corporation in    ) amended by
                                                              No. 119/1994
                  a case where, in respect of the money,      s. 33(9)(q).
                  the corporation issues, in compliance
                  with section 1023 of the Corporations
                  Law, a document prescribed by sub-
                  section (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;
             (iv) a document that merely evidences or         S. 137N(1)
                                                              (c)(iv)
                  acknowledges the indebtedness of a          amended by
                  bank, an authorized dealer in the short-    Nos 9850
                                                              s. 97(b),
                  term money market or a dealer in the        65/1987
                  unofficial short-term money market in       s. 20(1).

                  respect of a deposit or a loan—
                  (A) for a term not exceeding 185 days;
                      or
                  (B) repayable at call; or
                  (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—



AB-30/6/99              302
                                      Stamps Act 1958
 s. 137N
                                     Act No. 6375/1958

                                        (A) the money is deposited with, or
                                            lent to, the bank, society or
                                            institution by a person otherwise
                                            than in the course of a money-
                                            lending 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;
S. 137N(1)(d)                 (d) "authorized dealer in the short-term
substituted by
No. 10118                         money market" means a corporation that,
s. 10(3)(c),                      under section 65(1)(a) of the Corporations
amended by
No. 119/1994                      Law is declared, or deemed to be declared, to
s. 33(9)(r).                      be an authorized dealer in the short-term
                                  money market;
S. 137N(1)(e)                 (e) "bank" means a bank within the meaning of
inserted by
No. 10118                         section 5 of the Banking Act 1959 of the
s. 10(3)(c).                      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)(f)                 (f) "dealer in the unofficial short-term money
substituted by
No. 10118                         market" means—
s. 10(3)(c).
                                   (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



                 AB-30/6/99                  303
                          Stamps Act 1958
                                                                         s. 137NA
                         Act No. 6375/1958

                          purposes of this subdivision under sub-
                          section (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
                      (iii) a body corporate which is registered as    S. 137N(1)
                                                                       (f)(iii)
                            a short-term money market operator for     inserted by
                            the purposes of the Financial              No. 65/1987
                                                                       s. 20(2).
                            Institutions Duty Act 1982.
             (2) The Comptroller of Stamps may, by notice              S. 137N(2)
                                                                       inserted by
                 published in the Government Gazette, revoke—          No. 10118
                                                                       s. 10(3)(d).
                  (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).
                                                                       Pt 2 Div. 3
                 (17A) Mortgage-backed securities                      Subdiv. (17A)
                                                                       (Heading and
                                                                       ss 137NA,
                                                                       137NB)
                                                                       inserted by
                                                                       No. 17/1988
                                                                       s. 3.

137NA. Definitions                                                     S. 137NA
                                                                       inserted by
                                                                       No. 17/1988
                In this subdivision—                                   s. 3.
                "mortgage" means an instrument of mortgage or
                    charge—




AB-30/6/99                      304
                                    Stamps Act 1958
 s. 137NA
                                   Act No. 6375/1958

                                 (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;
S. 137NA                    "mortgage-backed security" means—
def. of
"mortgage-
backed
                                 (a) an instrument issued or made in respect
security"                            of an entitlement or interest of a person
amended by
No. 65/1988
                                     in—
s. 21(1)(i).
                                      (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



               AB-30/6/99                  305
                 Stamps Act 1958
                                                              s. 137NA
                Act No. 6375/1958


              (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
                  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


AB-30/6/99              306
                                     Stamps Act 1958
 s. 137NA
                                    Act No. 6375/1958

                                      published in the Government Gazette to
                                      be instruments to which an exemption
                                      under this subdivision does not apply;
S. 137NA                    "pool of mortgages" means a pool or collection
def. of
"pool of                        of assets—
mortgages"
amended by                        (a) that consists only of mortgages; or
No. 104/1995
s. 6(Sch. 1                       (b) that—
item 24).
                                       (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
                                                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.




               AB-30/6/99                  307
                       Stamps Act 1958
                                                                      s. 137NB
                      Act No. 6375/1958

137NB. Exemption from duty                                          S. 137NB
                                                                    inserted by
             Duty is not chargeable under this Act in respect       No. 17/1988
             of—                                                    s. 3.

              (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 mortgage-
                  backed 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 mortgage-
                        backed 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
              (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



AB-30/6/99                   308
                                           Stamps Act 1958
 s. 137O
                                          Act No. 6375/1958

                                        (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.
Pt 2 Div. 3
Subdiv. (18)            (18)—Financial Sector (Transfers of Business)
(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),
new Pt 2 Div.
3 Subdiv. (18)
(Heading and
ss 137O,
137P) inserted
by No.
47/1999 s. 18.
New s. 137O       137O. Statement on transfer of property
inserted by
No. 47/1999
s. 18.
                              (1) A receiving body to whom any property is
                                  transferred under Part 3 of the Financial Sector
                                  (Transfers of Business) Act 1999 of the
                                  Commonwealth must lodge a statement with the
                                  Comptroller in accordance with sub-section (2) if
                                  duty would have been chargeable under this Act
                                  had an instrument for the conveyance, transfer or
                                  assignment of the property to the receiving body
                                  as beneficial owner been executed.
                              (2) A statement under this section—
                                   (a) must be in the form approved by the
                                       Comptroller; and
                                   (b) must specify the property transferred and the
                                       value of that property as at the day on which



                 AB-30/6/99                       309
                             Stamps Act 1958
                                                                         s. 137P
                            Act No. 6375/1958

                      the property became the property of the
                      receiving body27.
             (3) Subject to section 137P, the receiving body must
                 pay to the Comptroller as duty on the statement a
                 sum equal to the amount of stamp duty that would
                 have been payable if an instrument for the
                 conveyance, transfer or assignment of the property
                 to the receiving body as beneficial owner had been
                 executed.
             (4) The statement must be lodged and duty paid
                 within 3 months after the day on which the
                 property became the property of the receiving
                 body.
             (5) The payment of duty on a statement under this
                 section is to be denoted by an impressed stamp.
             (6) A receiving body must not—
                  (a) fail to lodge a statement in accordance with
                      this section; or
                  (b) lodge a statement that, to the body's
                      knowledge, is false or misleading in a
                      material particular.
                 Penalty:    500 penalty units.
             (7) In this section and section 137P—
                 "receiving body" has the same meaning as in the
                      Financial Sector (Transfers of Business) Act
                      1999 of the Commonwealth.
 137P. Duty not chargeable in respect of certain transfers              New s. 137P
                                                                        inserted by
                                                                        No. 47/1999
             (1) Duty is not chargeable on a statement under            s. 18.
                 section 137O in respect of a transfer of property if
                 the transfer is of a class that, under guidelines
                 approved for the time being by the Minister, is a
                 class of transfer in respect of which duty is not
                 chargeable.


AB-30/6/99                        310
                                               Stamps Act 1958
 s. 137Q
                                              Act No. 6375/1958

                                (2) If duty has been paid on a statement in respect of a
                                    transfer referred to in sub-section (1), the
                                    Comptroller must refund that duty.
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.


Pt 2 Div. 3
Subdiv. (20)                                  (20) Exemptions
(Heading and
S. 137Q)
inserted by
No. 9541 s. 6.


S. 137Q             137Q. Limit of application of provisions of this Act
inserted by
No. 9541 s. 6,                      The provisions of this Act shall not apply to an
amended by
Nos 9662                            instrument whether executed before or after the
s. 19(p)(i)(ii),                    commencement of the Stamps (Miscellaneous
9991 s. 22(a).
                                    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;




                   AB-30/6/99                        311
                         Stamps Act 1958
                                                                       s. 137Q
                        Act No. 6375/1958

                 (b) the Commissioner of State Revenue to            S. 137Q(b)
                     secure or guarantee the payment of tax          amended by
                                                                     No. 40/1997
                     (within the meaning of the Pay-roll Tax Act     s. 138(Sch. 2
                     1971) (whether by way of instalments or         item 13.2(a)).

                     otherwise) pursuant to section 21 of the Pay-
                     roll Tax Act 1971;
                 (c) the Commissioner of State Revenue to            S. 137Q(c)
                                                                     amended by
                     secure or guarantee the payment of tax          Nos 65/1988
                     (within the meaning of the Land Tax Act         s. 21(1)(k),
                                                                     40/1997
                     1958) (whether by way of instalments or         s. 138(Sch. 2
                     otherwise) pursuant to section 91, 91B or       item 13.2(b)).

                     91C of the Land Tax Act 1958;
                 (d) the Comptroller of Stamps to secure or          S. 137Q(d)
                                                                     inserted by
                     guarantee the payment of duty (whether by       No. 9662
                     way of instalments or otherwise) pursuant to    s. 19(p)(ii).

                     section 140C;
                 (e) the Commissioner of State Revenue to            S. 137Q(e)
                                                                     inserted by
                     secure or guarantee the payment of licence      No. 9991
                     fees (whether by way of instalments or          s. 22(b),
                                                                     amended by
                     otherwise) pursuant to section 7A of the        No. 40/1997
                     Business Franchise (Tobacco) Act 1974;          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).


                 (g) the Commissioner within the meaning of the      S. 137Q(g)
                                                                     inserted by
                     Financial Institutions Duty Act 1982 to         No. 9991
                     secure or guarantee the payment of duty         s. 22(b).

                     (whether by way of instalments or otherwise)
                     pursuant to section 49 of that Act.




AB-30/6/99                      312
                                           Stamps Act 1958
 s. 137R
                                          Act No. 6375/1958

S. 137R          137R. Corporate reconstructions
inserted by
No. 28/1988                  (1) An instrument executed after the commencement
s. 5.                            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
                                 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          137S. Exemption: special trusts and land tax
inserted by
No. 74/1991
s. 27.


S. 137S(1)                   (1) An instrument for the conveyance of real property
amended by
No. 40/1997                      executed after the commencement of section 26 of
s. 138(Sch. 2                    the Land Tax (Revision) Act 1991 is exempt
item 13.3).
                                 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.
                             (2) If duty under this Act has been paid on an
                                 instrument that, under sub-section (1), is exempt


                AB-30/6/99                       313
                          Stamps Act 1958
                                                                          s. 137T
                         Act No. 6375/1958

                from duty, the Comptroller of Stamps must refund
                any duty paid that, by reason of that exemption, is
                not payable.
 137T. Managed investment schemes                                       S. 137T
                                                                        inserted by
                                                                        No. 47/1999
             (1) The following are exempt from duty under this          s. 19.
                 Act—
                  (a) an instrument for the transfer of property to a
                      responsible entity if the Comptroller of
                      Stamps is satisfied that the transfer is a
                      necessary consequence of an undertaking to
                      which Division 11 of Part 11.2 of the
                      Corporations Law applies becoming a
                      registered scheme within the meaning of that
                      Division;
                  (b) an instrument for the transfer of property
                      from a responsible entity of a managed
                      investment scheme or a trustee of a
                      responsible entity to a custodian or agent of
                      the responsible entity;
                  (c) an instrument for the transfer of property as a
                      consequence of a change of the responsible
                      entity of a managed investment scheme;
                  (d) an instrument that—
                        (i) amends, varies or replaces an
                            instrument that establishes or governs a
                            managed investment scheme; and
                       (ii) does not transfer, or have the effect of
                            transferring, any property to a person
                            who does not hold units in the scheme;
                            and
                      (iii) does not have the effect of reducing the
                            number of persons who hold units in
                            the scheme;



AB-30/6/99                       314
                                    Stamps Act 1958
s. 137T
                                   Act No. 6375/1958

                            (e) an instrument of settlement—
                                 (i) made by a trustee in respect of property
                                     that, immediately before the settlement,
                                     is held by the trustee as trustee of a
                                     public unit trust scheme; and
                                 (ii) under which the property is to be held
                                      on trust for the responsible entity of a
                                      managed investment scheme.
                       (2) In this section—
                          "managed investment scheme" means a
                             managed investment scheme within the
                             meaning of Chapter 5C of the Corporations
                             Law, and includes a public unit trust scheme;
                          "responsible entity" has the same meaning as in
                               the Corporations Law.
                                   _______________




          AB-30/6/99                       315
                       Stamps Act 1958
                                                                      s. 138
                      Act No. 6375/1958


  PART III—ADMINISTRATION, LICENCES, OFFENCES,
               REGULATIONS, ETC.

   138. Definition                                                  No. 5204
                                                                    s. 138.
             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               No. 5204
                                                                    s. 139.
             The Comptroller of Stamps—                             S. 139
                                                                    amended by
              (a) shall have the care and management of all         No. 119/1994
                                                                    s. 28.
                  stamps and stamp duties;
              (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.
   140. Administration                                              No. 5204
                                                                    s. 140.
             The Comptroller has the general administration of      S. 140
                                                                    amended by
             this Act and the regulations.                          Nos 7317 s. 6,
                                                                    7830 s. 10(a),
                                                                    9502 s. 5,
                                                                    9549 s.
                                                                    2(1)(Sch. item
                                                                    208),
                                                                    substituted by
                                                                    No. 40/1997
                                                                    s. 138(Sch. 2
                                                                    item 13.4).




AB-30/6/99                    316
                                              Stamps Act 1958
 s. 140A
                                             Act No. 6375/1958

S. 140A            140A. Secrecy provisions
inserted by
No. 7585 s. 8,                 (1) The Comptroller of Stamps or any person
amended by                         authorized by him may communicate any
Nos 7830
s. 10(b), 9413                     information respecting the affairs of any person
s. 14(a)–(c),                      disclosed or obtained under the provisions of this
9662 ss 19(q),
23(ar), 9698                       Act to—
s. 14(7), 9699
s. 23,
substituted by
No. 9766 s. 6.

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)                         (d) the Commissioner for Corporate Affairs or a
substituted by
No. 9991 s. 23.                           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)                     (db) any member of the police force;
inserted by
No. 9991 s. 23.

S. 140A                           (dba) a member of the Australian Federal Police;
(1)(dba)
inserted by
No. 103/1993
s. 8.

S. 140A(1)(dc)                     (dc) the Director of Consumer Affairs or a person
inserted by
No. 9991 s. 23.                         authorized by him;




                  AB-30/6/99                         317
                           Stamps Act 1958
                                                                        s. 140A
                          Act No. 6375/1958

                (dd) the Business Licensing Authority or a person     S. 140A(1)(dd)
                     authorised by that Authority;                    inserted by
                                                                      No. 9991 s. 23,
                                                                      substituted by
                                                                      Nos 86/1994
                                                                      s. 48, 52/1998
                                                                      s. 311(Sch. 1
                                                                      item 82.6(a)).


               (dda) a member of the Estate Agent's Council or        S. 140A(1)
                                                                      (dda)
                     Victorian Civil and Administrative Tribunal      inserted by
                     or a person authorised by that Council or        No. 52/1998
                                                                      s. 311(Sch. 1
                     Tribunal;                                        item 82.6(a)).

                (de) a member of the Bookmakers and                   S. 140A(1)(de)
                                                                      inserted by
                     Bookmakers Clerks Registration Committee         No. 88/1986
                     or a person authorised by the Committee;         s. 25.

                *            *          *          *           *      S. 140A(1)(e)
                                                                      amended by
                                                                      No. 104/1986
                                                                      s. 122(Sch.
                                                                      item 4),
                                                                      repealed by
                                                                      No. 52/1998
                                                                      s. 311(Sch. 1
                                                                      item 82.6(b)).


                    (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      S. 140A(2)
                                                                      amended by
                 Taxation (Reciprocal Powers) Act 1987 a person       No. 37/1987
                 shall not—                                           s. 10(2)(b)(i).




AB-30/6/99                        318
                                                Stamps Act 1958
 s. 140B
                                               Act No. 6375/1958

S. 140A(2)(a)                          (a) make a record of, divulge or communicate to
amended by                                 any person or publish any information or any
No. 37/1987
s. 10(2)(b)(ii).                           document or part of a document obtained by
                                           him in connexion with the administration or
                                           execution of this Act; or
                                       (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
                                           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.
                                    Penalty:    10 penalty units.
S. 140AA                           *             *           *            *           *
inserted by
No. 23/1986
s. 3, repealed
by No.
40/1997 s.
138(Sch. 2
item 13.5).
S. 140B             140B. Comptroller to keep register of certain registrations
inserted by
No. 9413 s. 15.
                                (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;




                   AB-30/6/99                         319
                           Stamps Act 1958
                                                                          s. 140C
                          Act No. 6375/1958

                  (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
                 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                       S. 140C
                                                                        inserted by
                                                                        No. 9662 s. 20.
             (1) Where—
                  (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      S. 140C(1)(b)
                                                                        amended by
                      Stamps whether before or after the expiration     No. 10256
                      of that period for a determination under this     s. 18(1)(d).

                      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


AB-30/6/99                        320
                                          Stamps Act 1958
 s. 141
                                         Act No. 6375/1958

                                     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
                                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          141. Notice of discontinuance of dies
s. 141.
S. 141                          Whenever the Comptroller of Stamps determines
amended by
No. 119/1994                    to discontinue the use of any die and provide a
s. 28.                          new die to be used in lieu thereof and gives public

               AB-30/6/99                       321
                      Stamps Act 1958
                                                                     s. 141
                     Act No. 6375/1958

             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
             with the discontinued die shall be deemed to be
             not duly stamped:
             Provided that—
              (a) if any instrument stamped as last aforesaid      S. 141
                                                                   Proviso (a)
                  and first executed after the day so stated at    amended by
                  any place out of Victoria is brought to the      No. 119/1994
                                                                   s. 28.
                  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;
              (b) all persons having in their possession any       S. 141
                                                                   Proviso (b)
                  material stamped with the discontinued die       amended by
                  which by reason of the providing of such         No. 119/1994
                                                                   s. 28.
                  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.



AB-30/6/99                    322
                                          Stamps Act 1958
 s. 142
                                         Act No. 6375/1958

No. 5204          142. Duty stamps only to be used for purposes of this Act
s. 142.
                            (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
                                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          143. Comptroller of Stamps to appoint distributors of
S. 143.
                       stamps
S. 143(1)                   (1) The Comptroller of Stamps shall appoint persons
amended by
No. 119/1994                    to be distributors of stamps under this Act who—
s. 28.
                                 (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)                   (2) The Comptroller of Stamps may at any time
amended by
No. 119/1994                    revoke any such appointment.
s. 28.




               AB-30/6/99                        323
                           Stamps Act 1958
                                                                          s. 144
                          Act No. 6375/1958

   144. Appointment of sellers of duty stamps                           No. 5204
                                                                        s. 144.


             (1) The Comptroller of Stamps may appoint any              S. 144(1)
                                                                        amended by
                 person in the public service of Victoria to sell and   No. 119/1994
                 distribute stamps and forms impressed with             s. 28.

                 stamps at any place named in the appointment,
                 and may at any time revoke any such appointment.
             (2) The Comptroller of Stamps may authorize any            S. 144(2)
                                                                        amended by
                 person or class of persons in the public service of    No. 119/1994
                 Victoria to sell and distribute stamps and forms       s. 28.

                 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.
             (3) The Comptroller of Stamps may, pursuant to any         S. 144(3)
                                                                        amended by
                 arrangement made between the Government of the         No. 119/1994
                 Commonwealth and the Government of Victoria,           s. 28.

                 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.
             (4) Any manager of a bank or branch bank or any            S. 144(4)
                                                                        amended by
                 barrister and solicitor or any other person may if     No. 6611 s. 3.
                 so authorized by the Comptroller of Stamps in
                 writing sell and distribute stamps and forms
                 impressed with stamps.
             (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.


AB-30/6/99                        324
                                            Stamps Act 1958
 s. 145
                                           Act No. 6375/1958

Nos 5204            145. Granting of licences to deal in stamps
s. 145, 6104
s. 6.
S. 145(1)                     (1) The Comptroller of Stamps may at his discretion
amended by
No. 119/1994                      grant a licence to any person to deal in stamps at
s. 28.                            any place or places to be named in such licence.
S. 145(2)                     (2) Every person to whom any such licence is granted
amended by
Nos 119/1994                      shall enter into a bond to Her Majesty in a penal
s. 28, 42/1996                    sum of $200 with a condition that such licensed
s. 29(c).
                                  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.
                              (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.




                 AB-30/6/99                        325
                           Stamps Act 1958
                                                                          s. 146
                          Act No. 6375/1958

   146. How licence to be notified                                       No. 5204
                                                                         s. 146.
                 Every person who is licensed to deal in stamps          S. 146
                 shall, unless authorized in writing to the contrary     amended by
                                                                         No. 9662
                 by the Minister—                                        s. 23(as).



                  (a) cause to be painted or printed at full length in   S. 146(a)
                                                                         amended by
                      Roman capital letters 25 millimetres at least      S.R. No.
                      in height and of a proper and proportionate        315/1973
                                                                         reg. 2.
                      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                      No. 5204
                                                                         s. 148.
             (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


AB-30/6/99                        326
                                         Stamps Act 1958
 s. 148
                                        Act No. 6375/1958

                                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
                                insolvency (as the case may be), bring or send
                                such stamps to the chief office.
S. 148(2)                   (2) The Comptroller of Stamps or some officer
amended by
No. 119/1994                    authorized by him may in any such case pay to the
s. 28.                          person bringing or sending any stamps the amount
                                of the duty thereon deducting therefrom the proper
                                discount or commission.
S. 148(3)                   (3) The person who brings or sends such stamps shall
amended by
No. 119/1994                    prove to the satisfaction of the Comptroller of
s. 28.                          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.




               AB-30/6/99                       327
                       Stamps Act 1958
                                                                      s. 149
                      Act No. 6375/1958

   149. Allowance for spoiled stamps                                No. 5204
                                                                    s. 149.
             Subject to the regulations and to the production of    S. 149
             such evidence by affidavit or otherwise as the         amended by
                                                                    No. 119/1994
             Comptroller of Stamps requires, allowance shall        s. 28.
             be made by the Comptroller of Stamps for—
              (a) the stamp on any material inadvertently and       S. 149(a)
                                                                    amended by
                  undesignedly spoiled obliterated or by any        No. 35/1996
                  means rendered unfit for the purpose              s. 453(Sch. 1
                                                                    item 77).
                  intended before any instrument written
                  thereon is executed by any party, if for such
                  stamp no money or other consideration has
                  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           S. 149(b)
                                                                    amended by
                  used or affixed to any material but which has     No. 6505 s. 2.
                  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:



AB-30/6/99                   328
                              Stamps Act 1958
s. 149
                             Act No. 6375/1958

                          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
                          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


         AB-30/6/99                  329
                  Stamps Act 1958
                                                                s. 149
                 Act No. 6375/1958

                   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;
               (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:




AB-30/6/99               330
                                        Stamps Act 1958
 s. 149
                                       Act No. 6375/1958

                               Provided that—
                                (a) in the case of an executed instrument—
S. 149                               (i) the instrument is given up to be
Proviso (a)(i)
amended by                               cancelled or, if the instrument has been
Nos 9413                                 lodged at the office of the Registrar-
s. 13(2), 9699
s. 23, 18/1989                           General, the office of the Registrar of
s. 13(Sch. 2                             Titles or the office of the Commissioner
item 84(n)).
                                         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
                                         Titles or the Commissioner for
                                         Corporate Affairs (as the case requires);
S. 149                              (ii) the application for relief is made within
Proviso (a)(ii)
amended by                               3 years after the date of the instrument
No. 104/1993                             or, if it is not dated, within 3 years after
s. 42(a)(i).
                                         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


                  AB-30/6/99                    331
                           Stamps Act 1958
                                                                            s. 150
                          Act No. 6375/1958

                       (iii) no action has been brought or suit
                             commenced in which the instrument
                             could or would have been given or
                             offered in evidence; and
                  (b) in the case of stamped material not having          S. 149
                                                                          Proviso (b)
                      any executed instrument written thereon and         amended by
                      of an adhesive stamp not affixed to any             No. 104/1993
                                                                          s. 42(a)(ii).
                      material, the application for relief is made
                      within 3 years after the stamp has been
                      spoiled as aforesaid.
   150. Allowance for misused stamps                                      Nos 5204
                                                                          s. 150, 6104
                                                                          s. 7.


             (1) When any person has inadvertently used for an            S. 150(1)
                                                                          amended by
                 instrument liable to duty a stamp of greater value       Nos 104/1993
                 than was necessary or has inadvertently used any         s. 42(b),
                                                                          119/1994
                 stamp for an instrument not liable to any duty, the      s. 28.
                 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.
             (2) In any case in which allowance is made for spoiled       S. 150(2)
                                                                          amended by
                 or misused stamps the Comptroller of Stamps may          No. 119/1994
                 give in lieu thereof other stamps of the same            s. 28.

                 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.




AB-30/6/99                        332
                                            Stamps Act 1958
 s. 151
                                           Act No. 6375/1958

S. 150(3)                     (3) When any person has used an adhesive stamp for
amended by                        an instrument liable to duty and such duty is
No. 119/1994
s. 28.                            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(4)                     (4) For the purposes of sub-sections (1) and (3) where
inserted by
No. 9413                          an instrument has been lodged at the office of the
s. 13(3),                         Registrar-General, the office of the Registrar of
amended by
Nos 9699                          Titles or the office of the Commissioner for
s. 23, 65/1988                    Corporate Affairs it shall be a sufficient
s. 21(1)(l),
18/1989                           compliance with the provisions of those sub-
s. 13(Sch. 2                      sections that a reproduction of an instrument or of
item 84(o)).
                                  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.
No. 5204            151. Repurchase by Minister of stamps not wanted
s. 151.
S. 151                            When any person is possessed of a stamp which
amended by
No. 119/1994                      has not been spoiled or rendered unfit or useless
s. 28.                            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—
                                   (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



                 AB-30/6/99                       333
                       Stamps Act 1958
                                                                     s. 152
                      Act No. 6375/1958

              (c) that the stamp was so purchased within the       S. 151(c)
                  period of 3 years next preceding the             amended by
                                                                   No. 104/1993
                  application at the chief office or from some     s. 42(c).
                  person duly appointed to sell and distribute
                  stamps or duly licensed to deal in stamps.
   152. Penalty on unauthorized persons holding themselves         No. 5204
                                                                   s. 152.
        out as dealers in stamps                                   S. 152
                                                                   amended by
             Every person who is not duly appointed to sell and    No. 9662
             distribute stamps or duly licensed to deal in         s. 23(at).
             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     No. 5204
                                                                   s. 153.
        licence                                                    S. 153
                                                                   amended by
             No person, other than such distributor of stamps      Nos 119/1994
             as aforesaid or such persons as are authorized by     s. 28, 42/1996
                                                                   s. 29(d).
             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:
             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


AB-30/6/99                   334
                                            Stamps Act 1958
 s. 154
                                           Act No. 6375/1958

                                  impressed thereon without having obtained any
                                  such licence as aforesaid to sell or deal in stamps.
No. 5204            154. Penalty for unauthorized dealing in stamps
s. 154.


S. 154(1)                     (1) Every person who—
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)                     (2) If in any proceeding for any such offence it
amended by
Nos 9662                          appears that any stamp which has been sold or
s. 23(au)(ii),                    exchanged or offered for sale or exchange is
57/1989 s. 3
(Sch. item                        forged, although the same has not been so alleged
184.10).                          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            155. Penalty for hawking stamps
s. 155.


S. 155(1)                     (1) Every person whether licensed to deal in stamps or
amended by
No. 9662                          not who hawks or carries about or offers for sale
s. 23(av)(i).                     or exchange any stamps shall be liable to a penalty
                                  of 2 penalty units irrespective of any penalty to




                 AB-30/6/99                        335
                           Stamps Act 1958
                                                                           s. 156
                          Act No. 6375/1958

                 which if unlicensed he is or may be liable for
                 dealing in stamps without a licence.
             (2) It shall be lawful for any person without any other     S. 155(2)
                                                                         amended by
                 warrant than this Act to apprehend any person so        No. 57/1989
                 offending and take him or cause him to be taken         s. 3(Sch. item
                                                                         184.11).
                 before a bail justice or the Magistrates' Court to be
                 dealt with according to law.
             (3) If the offender does not immediately on his             S. 155(3)
                                                                         amended by
                 conviction pay the said penalty of 2 penalty units      No. 9662
                 he shall be committed to prison for a term of not       s. 23(av)(ii).

                 more than three months unless the penalty is
                 sooner paid.
             (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        S. 155(5)
                                                                         amended by
                 against in the manner hereinbefore mentioned the        No. 9662
                 said penalty of 2 penalty units shall be recoverable    s. 23(av)(iii).

                 in the same manner as any other penalty imposed
                 by this Act.
   156. Penalty for fraudulently removing, selling etc. stamps           No. 5204
                                                                         s. 156.
                 Every person who—                                       S. 156
                                                                         amended by
                  (a) fraudulently removes or causes to be               No. 9662
                                                                         s. 23(aw).
                      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

AB-30/6/99                        336
                                           Stamps Act 1958
 s. 157
                                          Act No. 6375/1958

                                   (c) practises or is concerned in any fraudulent
                                       act or contrivance or device not specially
                                       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          157. Defacement of adhesive stamps
s. 157.
S. 157                         Every person who by any writing in any manner
amended by
No. 9662                       defaces any adhesive stamp before it is used shall
s. 23(ax).                     be liable to a penalty of not more than 1 penalty
                               unit:
                               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          158. Proceedings not to be quashed for want of form etc.
s. 158.
                               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)(Sch.
item 203),
repealed by
No. 9317
s. 5(d).

                            (2) The Minister may at his discretion—
S. 159(2)(a)                       (a) stay or compound proceedings for any
amended by
No. 9317                               pecuniary penalty;
s. 5(e).


                                   (b) mitigate the same;



               AB-30/6/99                         337
                           Stamps Act 1958
                                                                        s. 160
                          Act No. 6375/1958

                  (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                                     Nos 5204
                                                                      s. 160, 6104
                                                                      s. 8(2).
                 All penalties recovered under this Act, including
                                                                      S. 160
                 all amounts paid under sub-section (3) of the last   amended by
                 preceding section shall be paid into the             Nos 9019
                                                                      s. 2(1)(Sch.
                 Consolidated Fund.                                   item 204),
                                                                      9317 s. 5(f).


   161. Criminal offences relating to stamps                          No. 5204
                                                                      s. 161.



             (1) Every person who—                                    S. 161(1)
                                                                      amended by
                                                                      No. 9576
                  (a) forges a die or stamp or any part of a die or   s. 11(1).
                      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-30/6/99                       338
                                       Stamps Act 1958
s. 161
                                      Act No. 6375/1958

                                  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)                 (2) Every person who—
amended by
No. 9576
s. 11(1).
                              (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-30/6/99                      339
                           Stamps Act 1958
                                                                          s. 162
                          Act No. 6375/1958

                      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                        No. 5204
                                                                        s. 162.



             (1) On evidence given before a magistrate on oath or       S. 162(1)
                                                                        amended by
                 by affidavit that there is just cause to suspect any   No. 57/1989
                 person of being guilty of any of the offences          s. 3(Sch. item
                                                                        184.12(a)(b)).
                 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-30/6/99                        340
                                            Stamps Act 1958
 s. 163
                                           Act No. 6375/1958

                                  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)                     (3) If upon such search any of the said several matters
amended by
No. 57/1989                       and things are found, the same may be seized and
s. 3(Sch. item                    carried away in order that they may be produced in
184.13(a)(b)).
                                  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.
No. 5204            163. Further proceedings for the detection of forged
s. 163.
                         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-30/6/99                       341
                           Stamps Act 1958
                                                                         s. 164
                          Act No. 6375/1958

                 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—                                      S. 163(4)
                                                                        amended by
                                                                        No. 9662
                  (a) refuses to permit any such search or seizure      s. 23(ay).
                      as is referred to in this or the last preceding
                      section to be made as aforesaid; or
                  (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                       No. 5204
                                                                        s. 164.
             (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-mentioned person or any person employed by

AB-30/6/99                        342
                                          Stamps Act 1958
 s. 165
                                         Act No. 6375/1958

                                him to mark such stamps before the removal
                                thereof.
S. 164(2)                   (2) If the person in whose custody or possession any
amended by
No. 119/1994                    stamps are so found and seized is or within a
s. 28.                          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.
No. 5204          165. Licensed person in possession of forged stamps
s. 165.
                                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.




               AB-30/6/99                       343
                           Stamps Act 1958
                                                                           s. 166
                          Act No. 6375/1958

   166. Proceedings for the detection of stamps stolen or
        obtained fraudulently
             (1) If any stamps are known or supposed to be               S. 166(1)
                                                                         substituted by
                 concealed or deposited in a place in Victoria, a        No. 57/1989
                 magistrate may, on reasonable suspicion that the        s. 3(Sch. item
                                                                         184.14).
                 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.
        (1A) On being arrested, such a person must be brought            S. 166(1A)
                                                                         inserted by
             before a bail justice or the Magistrates' Court to be       No. 57/1989
             dealt with according to law.                                s. 3(Sch. item
                                                                         184.14).



             (2) If such person omits or refuses to account for the      S. 166(2)
                                                                         amended by
                 possession of such stamps or is unable                  No. 119/1994
                 satisfactorily to account for the possession thereof,   s. 28.

                 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.
             (3) Any stamps so condemned shall be kept by the            S. 166(3)
                                                                         amended by
                 Comptroller of Stamps for the space of six months       No. 119/1994
                 and afterwards cancelled and destroyed or               s. 28.

                 disposed of as the Comptroller of Stamps thinks
                 fit:
                 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



AB-30/6/99                        344
                                         Stamps Act 1958
 s. 166AA
                                        Act No. 6375/1958

                               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
                               deal in stamps, such stamps may be delivered up
                               to him.
S. 166AA       166AA. Comptroller may require information
inserted by
No. 88/1986
s. 26(1).
                            (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)           (1A) A person is not excused from complying with a
inserted by
No. 65/1988                 requirement to give evidence under sub-section
s. 17.                      (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


               AB-30/6/99                       345
                             Stamps Act 1958
                                                                           s. 166A
                            Act No. 6375/1958

                 declaration and the Comptroller or authorised
                 officer may administer an oath for that purpose.
             (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                              S. 166A
                                                                         inserted by
                                                                         No. 9991
                                                                         s. 27(3).



             (1) If a magistrate is satisfied, by the evidence on oath   S. 166A(1)
                                                                         amended by
                 or by affidavit of the Comptroller of Stamps, that      No. 57/1989
                 there is reasonable ground for suspecting that          s. 3(Sch. item
                                                                         184.15(a)(b)).
                 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-30/6/99                        346
                                            Stamps Act 1958
 s. 166A
                                           Act No. 6375/1958

                                       Comptroller of Stamps or a person
                                       authorized by the Comptroller of Stamps to
                                       receive them.
S. 166A(2)                    (2) Every warrant under sub-section (1) may be in the
amended by
No. 57/1989                       form or to the effect of the Fourth Schedule and
s. 3(Sch. item                    shall not be granted except in accordance with
184.16).
                                  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
                                   (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


                 AB-30/6/99                       347
                             Stamps Act 1958
                                                                          s. 166AB
                            Act No. 6375/1958

                      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                                  S. 166AA
                                                                        inserted by
                                                                        No. 10256
                 If a person is carrying on a business and, under       s. 16,
                 this Act, is required to be registered in respect of   re-numbered
                                                                        as s. 166AB
                 that business but is not so registered, the            by No.
                 Comptroller of Stamps may, whether or not              88/1986
                 proceedings for an offence are issued, apply by        s. 26(2).

                 summons to the Supreme Court for an injunction
                 restraining the person from carrying on that
                 business without being registered.
166AC. Garnishee                                                        S. 166AC
                                                                        inserted by
                                                                        No. 65/1987
             (1) The Comptroller of Stamps may, by notice in            s. 22.
                 writing require—
                  (a) a person by whom any money is due or
                      accruing or may become due to a taxpayer;
                      or
                  (b) a person who holds or may subsequently
                      hold money for or on account of a taxpayer;
                      or


AB-30/6/99                        348
                                        Stamps Act 1958
s. 166AC
                                       Act No. 6375/1958

                             (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 sub-
                            section 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.
                        (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 sub-
                            section (1), the Comptroller shall forthwith give

           AB-30/6/99                        349
                           Stamps Act 1958
                                                                          s. 166AD
                          Act No. 6375/1958

                 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                       S. 166AD
                                                                        inserted by
                                                                        No. 103/1993
             (1) Despite any Act or rule of court to the contrary, in   s. 9.
                 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—
                  (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                                                         S. 166B
                                                                        inserted by
                                                                        No. 9991
             (1) A certificate purporting to be under the hand of       s. 27(3).
                 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;
                  (b) an assessment of stamp duty with which an
                      instrument or statement is chargeable has
                      been made;




AB-30/6/99                          350
                                         Stamps Act 1958
 s. 166B
                                        Act No. 6375/1958

                                (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)           (1A) The production of a notice of assessment, or a
inserted by
No. 88/1986                document under the hand of the Comptroller of
s. 27.                     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.
S. 166B(2)                 (2) A certificate purporting to be under the hand of
amended by
No. 65/1988                    the Secretary of the Bookmakers and Bookmakers'
s. 18.                         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



              AB-30/6/99                        351
                           Stamps Act 1958
                                                                       s. 166B
                          Act No. 6375/1958

                 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
                      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

AB-30/6/99                        352
                                     Stamps Act 1958
s. 166B
                                    Act No. 6375/1958

                           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—
                           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.



          AB-30/6/99                        353
                           Stamps Act 1958
                                                                           s. 166B
                          Act No. 6375/1958

             (7) A document purporting to be a betting ticket that       S. 166B(7)
                 bears the name of a bookmaker and that purports         amended by
                                                                         No. 10118
                 to be written up and cancelled in the manner            s. 9(3)(j).
                 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.
             (8) A certificate purporting to be under the hand of
                 the Comptroller of Stamps certifying that a
                 document bearing a particular number is a betting-
                 book, 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             S. 166B(9A)
                                                                         inserted by
             automatic recorder that bears the name of a                 No. 10118
             bookmaker and other participants prescribed under           s. 9(3)(k).

             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



AB-30/6/99                        354
                                         Stamps Act 1958
 s. 166C
                                        Act No. 6375/1958

                               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        166C. Judicial notice
inserted by
No. 9991
s. 27(3).
                           (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.
                           (2) In this section, "court" includes a person
                               authorized by law or by consent of parties to
                               receive evidence.


              AB-30/6/99                        355
                          Stamps Act 1958
                                                                          s. 166E
                         Act No. 6375/1958

 166D. Payments from Consolidated Fund                                  S. 166D
                                                                        inserted by
                If the Comptroller of Stamps becomes liable to          No. 88/1986
                pay amounts in accordance with the provisions of        s. 28.

                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                         S. 166E
                                                                        inserted by
                                                                        No. 104/1993
                It is the intention of this section to alter or vary    s. 43.
                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.
   167. Regulations                                                     No. 5204
                                                                        s. 167.
             (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.
        (1A) Any such regulations may prescribe a penalty of            S. 167(1A)
                                                                        inserted by
             not more than 5 penalty units for any                      No. 6611 s. 4,
             contravention of or failure to comply with any             amended by
                                                                        No. 9662
             such regulation.                                           s. 23(az).




AB-30/6/99                        356
                                    Stamps Act 1958
                                   Act No. 6375/1958

S. 167(2)                     *      *         *       *   *
repealed by
No. 6886 s. 3.

                                  __________________




                 AB-30/6/99              357
                  Stamps Act 1958
                                               Sch. 1
                 Act No. 6375/1958


                  SCHEDULES

             *     *         *       *   *   Sch. 1
                                             repealed by
                                             No. 17/1993
                                             s. 13(1)(b).



                 _______________




AB-30/6/99             358
                                         Stamps Act 1958
 Sch. 2
                                        Act No. 6375/1958


Sections 4, 5,                          SECOND SCHEDULE
15.
Nos 5842 s. 2,     1. Administration and Probate Act 1958.
6104 s. 10.
Sch. 2             2. County Court Act 1958.
amended by
Nos 8427           3. Magistrates' Court Act 1989.
s. 12, 59/1986
s. 143(2),         4. Marriage Act 1958.
110/1986
                              *            *            *       *   *
s. 140(2),
57/1989            6. Mineral Resources Development Act 1990.
s. 3(Sch. item
184.17),           7. Public Works Act 1958, Part II.
92/1990
s. 128(Sch. 1      8. Supreme Court Act 1986.
item 26.1).


                                         _______________




                 AB-30/6/99                      359
                             Stamps Act 1958
                                                                                     Sch. 3
                            Act No. 6375/1958


                            THIRD SCHEDULE                                        Sections 17,
                                                                                  18, 93, 124,
                                                                                  131.
There shall be charged and paid for the use of Her Majesty upon and for the
                                                                                  Nos 5769
several instruments hereinafter specified the several stamp duties hereinafter    s. 50(a), 5958
specified and there shall be charged and paid for the use of Her Majesty upon     s. 2(a), 6021
and for those several instruments which are hereinafter specified as being        s. 2, 6104
chargeable with additional stamp duties the said additional stamp duties:         s. 11, 6161
                                                                                  s. 8.
                *               *              *              *               *   Sch. 3
                                                                                  Headings 1–3
                                                                                  repealed.28

                                                                                  Sch. 3
                     IV—MARKETABLE SECURITIES                                     (Heading 4
                                                                                  exemptions
                 Except as otherwise provided in this Act, a reference in the     and
                                                                                  expressions)
                 provisions under this Heading to the value of any marketable     amended by
                 security or right in respect of shares is a reference—           Nos 6455
                                                                                  s. 2(1)(Sch. 1
                    (a) in relation to a transfer on sale of the marketable       Pt 3(m)), 6494
                        security or right—                                        s. 5(a), 6552
                                                                                  s. 4(1)(a)(i)(ii),
                           (i) to the consideration for the sale; or              6716 s. 2
                                                                                  (Sch. 2), 6739
                          (ii) to the unencumbered value of the marketable        s. 7(b), 6791
                               security or right on the date of the sale—         s. 21(1) (a),
                                                                                  6839 s. 4(1)
                        whichever is the greater; and                             (Sch. 1 Pt
                                                                                  3(n)), 6910
                    (b) in any other case, to the unencumbered value of the
                                                                                  s. 7(1)(c)(i)(ii),
                        marketable security or right on the day of the            7047 s. 5(c),
                        execution of the transfer by the transferee.              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).




AB-30/6/99                            360
                                                Stamps Act 1958
 Sch. 3
                                               Act No. 6375/1958

Sch. 3
                             (A)—TRANSFER OF MARKETABLE SECURITIES
(Heading 4(A)
exemptions                       1. Upon the transfer (other than a transfer to perfect a sale or
and                                 purchase to which subdivision (4AA) of Division 3 of Part II
expressions)
                                    applies) of a marketable security, being—
substituted by
No. 9662                              (a) a share, or a right in respect of a share, in a company
s. 6(2),
amended by
                                          within the meaning of the Corporations Law
Nos 9725                                  incorporated in Victoria or in a body corporate formed
s. 4(2), 9895                             or established under an Act; or
s. 2(1)(Sch. 1
item 11(b)),                          (b) a share, or an interest in a share, in a corporation
9911 ss 4,                                incorporated outside Australia, being a share that is
9(1), 10005                               kept on the Australian register kept in Victoria; or
s. 10(1)(a),
10118 ss 5(1),                        (c) a right or interest (whether described as a unit or sub-
6(1), 10219                               unit or otherwise) of a beneficiary under a unit trust
s. 11(11)(b)(ii),
10256 ss 7(6),                            scheme, being a right or interest that is registered on a
18(6)(a),                                 register kept in Victoria; or
88/1986
ss 24(2), 29,                         (d) a right or interest (whether described as a unit or sub-
30, 34(a),                                unit or otherwise) of a beneficiary under a unit trust
28/1988 ss 6,                             scheme, being a right or interest that is not registered
7(1)(a),                                  on a register kept in Australia but in respect of which
29/1988
s. 56(3)(a),
                                          the manager (or, if there is no manager, the trustee) of
65/1988                                   the unit trust scheme—
s. 20(2)(a),
81/1989                                      (i) is a Victorian registered company; or
s. 3(Sch. item
48.2), 44/1994
                                            (ii) is a natural person resident in Victoria; or
s. 8(4)(a)–(c)                       (da) an IR in respect of a share in a Victorian registered
(5)(6),
119/1994
                                          company; or
ss 30, 31,
                                     (db) an instalment warrant providing beneficial ownership
33(9)(s),
27/1995                                   in respect of shares in a Victorian registered
s. 15(a)–(c),                             company—
52/1995
s. 4(2)(a)–(c),                       (e) subject to paragraph (f), where the value of the
42/1996                                   marketable security or right in respect of shares
s. 28(1)(a)(b)                            comprised in the transfer29—
(i)(ii)(2)