1

Cheque drawn or made on a banker at a branch of the banker in the Territory

10 cents per instrument

2

Bill of exchange or promissory note (not being a cheque) drawn, made, negotiated, presented for payment, or paid, in the Territory

10 cents per instrument

3

Hire‑purchase agreement entered into by the owner in the Territory

11/4 % of the purchase price under the agreement

4

Transfer, or an agreement for a transfer, of an estate in fee simple in land situated in the Territory

(a)   $1.25 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that does not exceed $14,000;

(b)   $1.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $14,000 but does not exceed $30,000;

(c)   $2.00 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $30,000 but does not exceed $60,000;

(d)   $2.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $60,000 but does not exceed $100,000; and

(e)   $3.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $100,000

5

Transfer, or an agreement for a transfer, of a Crown lease for a term exceeding 5 years of land situated in the Territory

(a)   $1.25 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that does not exceed $14,000;

(b)   $1.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $14,000 but does not exceed $30,000;

(c)   $2.00 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $30,000 but does not exceed $60,000;

(d)   $2.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $60,000 but does not exceed $100,000; and

(e)   $3.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land transferred or agreed to be transferred that exceeds $100,000

6

Lease (other than a Crown lease) of land situated in the Territory

(a)   35 cents for every $100, and for any fractional part of $100, of the total amount or value of the consideration by way of rent in respect of the lease for the term of the lease specified in the lease; and

(b)   35 cents for every $100, and for any fractional part of $100, of the total amount or value of any consideration (not being rent) given or agreed to be given in respect of the lease

6A

Crown lease of land situated in the Territory

(a)   $1.25 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land granted that does not exceed $14,000;

(b)   $1.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land granted that exceeds $14,000 but does not exceed $30,000;

(c)   $2.00 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land granted that exceeds $30,000 but does not exceed $60,000;

(d)   $2.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land granted that exceeds $60,000 but does not exceed $100,000; and

(e)   $3.50 for every $100, and for any fractional part of $100, of the part of the value of the interest in the land granted that exceeds $100,000

7

Transfer or assignment, or an agreement for a transfer or assignment, of a lease, other than a Crown lease for a term exceeding 5 years, of land situated in the Territory

(a)   $1.25 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that does not exceed $14,000;

(b)   $1.50 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $14,000 but does not exceed $30,000;

(c)   $2.00 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $30,000 but does not exceed $60,000;

(d)   $2.50 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $60,000 but does not exceed $100,000; and

(e)   $3.50 for every $100, and for any fractional part of $100, of the part of the total amount or value of any consideration given or agreed to be given in respect of the transfer or assignment that exceeds $100,000;

8

Transfer of a marketable security, being a marketable security that, immediately before the date on which the instrument of transfer was executed, was registered in a register kept by a company or unit trust in the Territory

15 cents for every $25, and for any fractional part of $25, of the unencumbered value of the marketable security

9

Loan security that is connected with the Territory

(a)   Where the amount payable or repayable under or secured by the loan security does not exceed $15,000 or, if that amount is not fixed, where the maximum amount that is or may become payable or repayable under or that is secured by the loan security does not exceed $15,000—$5; or

(b)   where that amount or maximum amount exceeds $15,000—$5 for the first $15,000 and 40 cents for every $100, and for any fractional part of $100, in excess of the first $15,000

1

Cheque drawn on a form supplied or used by a banker in pursuance of an authority granted under Division 2 of Part III of the Australian Capital Territory Taxation (Administration) Act 1969

2

Bill of exchange or promissory note drawn or made by a Department of State of the Commonwealth

3

Bill of exchange or promissory note drawn or made by the Governor‑General

4

Bill of exchange or promissory note drawn or made by or on behalf of a public hospital, public benevolent institution, religious institution or public educational institution

5

Bill of exchange or promissory note drawn or made by a person who is:

(a)  a member of a diplomatic mission in Australia of the government of another country that does not impose stamp duty or any similar tax on bills of exchange and promissory notes or grants in relation to Australia an exemption from any such stamp duty or similar tax corresponding to this exemption; or

(b)  a member of his family forming part of his household,

being a person who is not an Australian citizen and is not ordinarily resident in Australia

6

Hire‑purchase agreement under which the purchase price does not exceed $100

7

Hire‑purchase agreement under which the owner is a registered owner

8

Hire‑purchase agreement under which the hirer is a public hospital, public benevolent institution, religious institution or public educational institution

9

Hire‑purchase agreement under which the hirer is:

(a)  a member of a diplomatic mission in Australia of the government of another country that does not impose stamp duty or any similar tax on hire‑purchase agreements or grants in relation to Australia an exemption from any such stamp duty or similar tax corresponding to this exemption; or

(b)  a member of his family forming part of his household,

being a person who is not an Australian citizen or is not ordinarily resident in Australia

11

Conveyance granted to the Commonwealth

12

Conveyance by which an estate or interest in land is transmitted:

(a)  (otherwise than under the Real Property Ordinance) by way of mortgage where:

(i)   an instrument constituting or evidencing the mortgage has been duly stamped; or

(ii)  no duty is payable in respect of such an instrument;

(b)  by way of discharge of mortgage; or

(c)  consequent on the death, bankruptcy or insolvency of the holder of the estate or interest

13

Conveyance of land on a sale by the Director of War Service Homes in pursuance of Part IV of the War Service Homes Act 1918‑1968

14

Conveyance to a person in pursuance of an order of a court under section 86 of the Matrimonial Causes Act 1959‑1966 or under section 22 of the Married Women’s Property Act, 1901 of the State of New South Wales in its application to the Territory

15

Conveyance to, or to trustees upon trust for, a public hospital, public benevolent institution, religious institution or public educational institution

16

Conveyance to the government of a country other than Australia

17

Conveyance to a member of a diplomatic mission in Australia of the government of another country that does not impose stamp duty or any similar tax on conveyances or grants in relation to Australia an exemption from any such stamp duty or similar tax corresponding to this exemption, being a person who is not an Australian citizen and is not ordinarily resident in Australia, where the land is to be used as premises for the purposes of the diplomatic mission or as the residence of the member of the diplomatic mission

18

Transfer or assignment of a lease of, or transfer of an estate in fee simple in, land, being a lease, or an estate in fee simple, as the case may be, held on trust, where the transfer or assignment:

(a)  is made in consequence of the appointment or retirement of a trustee of the trust or other change in trustees of the trust, in order to vest the lease, or the estate in fee simple, as the case may be, in the trustees of the trust who are for the time being entitled to hold it; and

(b)  is not made in connection with a scheme to avoid or reduce stamp duty

18A

Transfer or assignment of a lease of, or transfer of an estate in fee simple in, land, where the transfer or assignment:

(a)  is from a trustee to a person who contributed the purchase money for the conveyance of the land to the trustee; and

(b)  is not made in connection with a scheme to avoid or reduce stamp duty

18B

Conveyance of land held on trust, where:

(a)  the conveyance is made by the trustee to a beneficiary of the trust otherwise than for valuable consideration, and does not constitute a breach of trust;

(b)  stamp duty on the conveyance of the land to the trustee has been paid or was not payable; and

(c)  the first‑mentioned conveyance is not made in connection with a scheme to avoid or reduce stamp duty

18C

Crown lease to a non‑commercial Commonwealth authority

18D

Crown lease granted to the lessee of a previous Crown lease because of the surrender of the previous Crown lease, where the surrender was in connection with any one or more of the following:

(a)  changing the purpose for which the parcel of land to which the Crown lease relates may be used;

(b)  reducing rent to an amount not exceeding 5 cents per annum;

(c)  granting a single lease in respect of the parcel of land to which the previous Crown lease related and another parcel, or other parcels, of land to which another surrendered Crown lease, or other surrendered Crown leases, related;

(d)  granting separate leases in respect of separate parts of the parcel of land to which the previous Crown lease related;

(e)  changing a covenant requiring the carrying out of works on, or on unleased land adjacent to, the parcel of land to which the Crown lease relates;

(f)  granting a lease of a longer term;

(g)  correcting errors or omissions

18E

Crown lease granted under the Australian Capital Territory Rental Housing Scheme

18F

Transfer or assignment, or an agreement for a transfer or assignment, of a lease by or in the name of the Commonwealth

19

Transfer of a marketable security where the instrument of transfer bears statements made in respect of the sale and of the purchase of the marketable security to which the transfer relates under the Australian Capital Territory Taxation (Administration) Act 1969 or under a law of a State or another Territory relating to the imposition of stamp duty on transfers of marketable securities to the effect that stamp duty, if payable, has been or will be paid

20

Transfer of a marketable security issued by a municipal council or other local governing body or by a public authority constituted under a law of the Commonwealth or of a State or Territory

21

Transfer of a marketable security to, or to trustees upon trust for, a public hospital, public benevolent institution, religious institution or public educational institution

22

Transfer of a marketable security held on trust, where the transfer:

(a)  is made in consequence of the appointment or retirement of a trustee of the trust or other change in trustees of the trust, in order to vest the marketable security in the trustees of the trust who are for the time being entitled to hold it; and

(b)  is not made in connection with a scheme to avoid or reduce stamp duty

23

Transfer of a marketable security from an executor of a deceased person’s will or administrator of a deceased person’s estate to another executor of that will or administrator of that estate

24

Transfer of a marketable security to a beneficiary entitled to it under a will or to a person entitled to it under an intestacy

25

Transfer of a marketable security from a trustee to a person who contributed the purchase money for the transfer by which the trustee acquired the marketable security, where:

(a)  any stamp duty (whether under this or another Act or under a law of a State or another Territory) on, or any tax under the Australian Capital Territory Tax (Transfers of Marketable Securities) Act 1986 on the registration of, the transfer by which the trustee acquired the marketable security has been paid;

(b)  the instrument of transfer by which the trustee acquired the marketable security bears statements made in respect of the sale and of the purchase of the marketable security to which the transfer relates under the Australian Capital Territory Taxation (Administration) Act 1969 or under a law of a State or another Territory relating to the imposition of stamp duty on transfers of marketable securities to the effect that stamp duty, if payable, has been or will be paid;

(c)  no stamp duty (whether under this or another Act or under a law of a State or another Territory) was payable on, and no tax under the Australian Capital Territory Tax (Transfers of Marketable Securities) Act 1986 was payable on the registration of, the transfer by which the trustee acquired the marketable security; or

(d)  the trustee so acquired the marketable security upon its first issue, and the transfer is not made in connection with a scheme to avoid or reduce stamp duty

26

Transfer of a marketable security to a trustee to be held solely as trustee of the transferor without change in beneficial ownership, and a transfer by way of re‑transfer to the transferor, and the transfer is not made in connection with a scheme to avoid or reduce stamp duty

27

Transfer of a marketable security made solely for the purpose of:

(a)  qualifying the transferee as the director of a company to act and vote, as directed, on behalf of another company; or

(b)  re‑transferring the marketable security from that director to the other company,

being another company that:

(c)  controls the appointment or removal of all or a majority of the board of directors of that first‑mentioned company;

(d)  controls more than one‑half of the voting power in that first‑mentioned company; or

(e)  beneficially owns more than one‑half of the paid‑up capital of that first‑mentioned company

28

Transfer of a marketable security made solely for the purpose of rectifying a clerical error in an instrument of transfer

29

Transfer of a marketable security made solely by way of security or by way of re‑transfer to a person from another person who held the marketable security by way of security

30

Transfer of a marketable security by a broker to a person (not being a broker) who had, for the purpose of enabling the broker to fulfill a contract to sell marketable securities in the ordinary course of his business as a broker, transferred a marketable security of the same description to the broker in pursuance of an undertaking by the broker, in consideration of that transfer to the broker, subsequently to transfer a marketable security of the same description to that person

31

Transfer of a marketable security to:

(a)  a member of a diplomatic mission in Australia of the government of another country that does not impose stamp duty or any similar tax on transfers of marketable securities or grants in relation to Australia an exemption from any such stamp duty or similar tax corresponding to this exemption; or

(b)  a member of his family forming part of his household,

being a person who is not an Australian citizen and is not ordinarily resident in Australia

32

Loan security where the amount payable or repayable under or secured by the loan security does not exceed $500 or, if that amount is not fixed, where the maximum amount that is or may become payable or repayable under or that is secured by the loan security does not exceed $500

33

Loan security under which the borrower is the Commonwealth

34

Loan security under which the borrower is, or is a trustee of, a public hospital, public benevolent institution, religious institution or public educational institution

35

Loan security under which the borrower is:

(a)  a member of a diplomatic mission in Australia of the government of another country that does not impose stamp duty or any similar tax on loan securities or grants in relation to Australia an exemption from any such stamp duty or similar tax corresponding to this exemption; or

(b)  a member of the family of such a member of a diplomatic mission forming part of the household of the last‑mentioned member,

being a person who is not an Australian citizen and is not ordinarily resident in Australia

Australian Capital Territory Stamp Duty Act 1969

48, 1969

14 June 1969

1 July 1969 (see Gazette 1969, p. 3691)

Australian Capital Territory Stamp Duty Act 1972

68, 1972

31 Aug 1972

31 Aug 1972

—

Australian Capital Territory Stamp Duty Act (No. 2) 1972

94, 1972

18 Oct 1972

18 Oct 1972

S. 4

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9(1) and 10

Australian Capital Territory Stamp Duty Amendment Act 1981

124, 1981

30 Sept 1981

19 Aug 1981

S. 5

Australian Capital Territory Stamp Duty Amendment Act 1982

126, 1982

13 Dec 1982

13 Dec 1982

S. 4

Australian Capital Territory Stamp Duty Amendment Act 1985

170, 1985

16 Dec 1985

S. 5: 1 July 1969
Remainder: 1 Jan 1986

S. 8

Australian Capital Territory Stamp Duty Amendment Act 1986

147, 1986

11 Dec 1986

Ss. 4(h), 5(c), (d) and 6(2): 10 June 1986
Remainder: 1 Jan 1987

S. 6

Taxation Laws Amendment Act (No. 2) 1987

62, 1987

5 June 1987

S. 59 : 1 Aug 1987 (see Gazette 1987, No. S191) (a)

—

S. 3A...................................

ad. No. 62, 1987

S. 4......................................

am. No. 124, 1981; No. 170, 1985

S. 5......................................

rs. No. 124, 1981

S. 5A...................................

ad. No. 147, 1986

S. 6......................................

am. No. 124, 1981; No. 170, 1985

S. 7......................................

am. No. 124, 1981

S. 8......................................

ad. No. 170, 1985

Heading to First Schedule...

rep. No. 124, 1981

Heading to Schedule 1........

ad. No. 124, 1981

First Schedule.....................

am. No. 94, 1972; No. 124, 1981

Schedule 1..........................

am. No. 124, 1981; No. 170, 1985; No. 147, 1986

Heading to Second .............
Schedule

rep. No. 124, 1981

Heading to Schedule 2........

ad. No. 124, 1981

Second Schedule................

am. No. 68, 1972; No. 216, 1973

Schedule 2..........................

am. No. 126, 1982; No. 170, 1985; No. 147, 1986