Federal Register of Legislation - Australian Government

Primary content

Act No. 48 of 1969 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 18 Nov 2009
Start Date 31 Dec 1973
End Date 12 Dec 1982
Date of repeal 15 Mar 2007
Repealed by Statute Law Revision Act 2007

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969
- Reprinted as at 19 December 1973 (HISTACT CHAP 1897 #DATE 19:12:1973)

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969-1973 - TABLE OF PROVISIONS

TABLE


AUSTRALIAN CAPITAL TERRITORY

STAMP DUTY ACT 1969-1973

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Incorporation
4. Imposition of stamp duty
5. Rates of stamp duty
6. Exemptions from stamp duty
7. Adjustment of stamp duty

THE SCHEDULES

FIRST SCHEDULE

Rates of Stamp Duty

SECOND SCHEDULE

Exemptions from Stamp Duty

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969-1973 - SECT. 1.
Short title.

SECT

AUSTRALIAN CAPITAL TERRITORY

STAMP DUTY ACT 1969-1973
An Act relating to the Imposition of Stamp Duty on certain Instruments having a connexion with the Australian Capital Territory.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Australian Capital Territory Stamp Duty Act 1969-1973.*

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969-1973 - SECT. 3.
Incorporation.

SECT

3. The Australian Capital Territory Taxation (Administration) Act 1969 is incorporated and shall be read as one with this Act.

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969-1973 - SECT. 4.
Imposition of stamp duty.

SECT

4. Subject to this Act, stamp duty is imposed on the instruments included in the classes of instruments specified in the First Schedule to this Act.

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969-1973 - SECT. 5.
Rates of stamp duty.

SECT

5. The rate of stamp duty on an instrument included in a class of instruments specified in the second column of the First Schedule to this Act is the rate specified in the third column of that Schedule opposite to the reference to that class of instruments.

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969-1973 - SECT. 6.
Exemptions from stamp duty.

SECT

6. (1) Stamp duty is not imposed on an instrument included in a class of instruments specified in the Second Schedule to this Act.

(2) Stamp duty is not imposed on an instrument for which an exemption from stamp duty is provided by the Bankruptcy Act 1966-1968 or the Commonwealth Inscribed Stock Act 1911-1966.

(3) Stamp duty is not imposed on an instrument included in a prescribed class of instruments executed by an authority of the Commonwealth or of a Territory prescribed for the purposes of this subsection.

(4) Stamp duty is not imposed on an instrument that is a counterpart or copy of another instrument that has been duly stamped.

(5) Stamp duty is not imposed on a cheque drawn before the date of commencement of this Act.

(6) Stamp duty is not imposed on a bill of exchange or promissory note (not being a cheque) by reason of its negotiation, presentment for payment or payment if it has already been duly stamped by reason of its drawing, making, presentment for payment or earlier negotiation.

(7) Stamp duty is not imposed on a bill of exchange or promissory note (not being a cheque) drawn or made before the date of commencement of this Act by reason of its negotiation, presentment for payment or payment on or after that date.

(8) Stamp duty is not imposed on an instrument (not being a bill of exchange or promissory note) executed before the commencement of this Act.

(9) Stamp duty is not imposed on a lease, or on an instrument of transfer of an estate in fee simple in land or of a lease, for which an agreement in writing has been executed before the commencement of this Act.

(10) For the purposes of this section-

(a) where a bill of exchange or promissory note is dated, the bill or note shall, unless the contrary is shown, be deemed to have been drawn or made on that date; and

(b) an instrument shall be deemed to have been executed on the date on which the last party to the instrument appears to have executed it.

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969-1973 - SECT. 7.
Adjustment of stamp duty.

SECT

7. Where an amount of stamp duty payable on a hire-purchase agreement is an amount that is not a multiple of Five cents, the amount of stamp duty payable is the nearest amount that is a multiple of Five cents, except where the amount of stamp duty is equally near to two amounts that are multiples of Five cents, in which case, the amount of stamp duty payable is the next lower amount that is a multiple of Five cents.

-----------

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969-1973 - FIRST SCHEDULE

SCH



THE SCHEDULES
Amended by No. 94, 1972, s. 3.
FIRST SCHEDULE
Section 5

RATES OF STAMP DUTY ------------------------------------------------------------------------------ --
First Column Second Column Third Column
Item No. Class of Instruments Rate of Stamp Duty
------------------------------------------------------------------------------ --

1 Cheque drawn or made on a banker
at a branch of the banker in the
Territory 5 cents
2 Bill of exchange or promissory
note (not being a cheque) drawn,
made, negotiated, presented for
payment, or paid, in the
Territory 5 cents
3 Hire-purchase agreement entered
into by the owner in the
Territory 11/4 per centum 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 $1 for every $100, and for any
fractional part of $100, of the
value of the interest in the
land transferred or agreed to
be transferred
5 Transfer, or an agreement for a
transfer, of a Crown lease for a
term exceeding five years of
land situated in the Territory $1 for every $100, and for any
fractional part of $100, of the
value of the interest in the
land transferred or agreed to
be transferred
6 Lease of land situated in the
Territory $1 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, and 30
cents for every $100, and for
any fractional part of $100, of
the total amount or value of
the consideration by way of
rent for the term of the lease
specified in the lease
7 Transfer or assignment, or an
agreement for a transfer or
assignment, of a lease, other
than a Crown lease for a term
exceeding five years, of land
situated in the Territory $1 for every $100, and for any
fractional part of $100, of the
total amount or value of any
consideration given or agreed
to be given in respect of the
transfer or assignment
8 Transfer of a marketable
security that is registered in a
register kept by a company in
the Territory 15 cents for every $25, and for
any fractional part of $25, of
the unencumbered value of the
marketable security ------------------------------------------------------------------------------ --

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969-1973 - SECOND SCHEDULE

SCH

Amended by No. 68, 1972, s. 3; and No. 216, 1973, s. 3.
SECOND SCHEDULE
Section 6

EXEMPTIONS FROM STAMP DUTY
------------------------------------------------------------------------------ --
Item No. Class of Exempt Instruments
------------------------------------------------------------------------------ --

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
10 Conveyance by or in the name of the Commonwealth
11 Conveyance granted to the Commonwealth
12 Conveyance by which an estate or interest in land is transmitted by
way of mortgage or security only or 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

* * * * * * * *
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 made in consequence of the
appointment or retirement of a trustee or other change in trustees in
order to vest the marketable security in the trustees for the time
being entitled to hold it
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 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) stamp duty (whether under this or another Act or under a law
of a State or another Territory) on the transfer by which the trustee
acquired the marketable security was not payable; or
(d) the trustee so acquired the marketable security upon its
first issue
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
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 ------------------------------------------------------------------------------ --
------------------------------------------------------------------------------ --

AUSTRALIAN CAPITAL TERRITORY STAMP DUTY ACT 1969-1973 - NOTE


NOTE
1. The Australian Capital Territory Stamp Duty Act 1969-1973 comprises the Australian Capital Territory Stamp Duty Act 1969 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of Assent commencement
----------------------------------------------------------------------------

Australian Capital
Territory Stamp Duty Act
1969 No. 48, 1969 14 June 1969 1 July 1969 (see
Gazette 1969, p. 3691)
Australian Capital
Territory Stamp Duty Act
1972 No. 68, 1972 31 Aug 1972 31 Aug 1972
Australian Capital
Territory Stamp Duty Act
(No. 2) 1972 No. 94, 1972 18 Oct 1972 18 Oct 1972
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------