Part 2301 Registration of transactions and instruments
(1) A person must not register in a register of legal or beneficial interests in dutiable property a dutiable transaction, an instrument that effects a dutiable transaction or an instrument chargeable with duty unless:(a) it is duly stamped, or(b) it is stamped by the Chief Commissioner or in a manner approved by the Chief Commissioner, or(c) it bears an endorsement, or is otherwise effected, in accordance with an approval under section 37 of the Taxation Administration Act 1996.Maximum penalty: 100 penalty units.
(2) (Repealed)
304 Receipt of instruments in evidence
(1) An instrument that effects a dutiable transaction or is chargeable with duty under this Act is not available for use in law or equity for any purpose and may not be presented in evidence in a court or tribunal exercising civil jurisdiction unless:(a) it is duly stamped, or(b) it is stamped by the Chief Commissioner or in a manner approved by the Chief Commissioner.(2) A court or tribunal may admit in evidence an instrument that effects a dutiable transaction, or is chargeable with duty in accordance with the provisions of this Act, and that does not comply with subsection (1):(a) if the instrument is after its admission transmitted to the Chief Commissioner in accordance with arrangements approved by the court or tribunal, or(b) if (where the person who produces the instrument is not the person liable to pay the duty) the name and address of the person so liable is forwarded, together with the instrument, to the Chief Commissioner in accordance with arrangements approved by the court or tribunal.(3) A court or tribunal may admit in evidence an unexecuted copy of an instrument that effects a dutiable transaction, or is chargeable with duty in accordance with the provisions of this Act, if the court or tribunal is satisfied that:(a) the instrument of which it is a copy is duly stamped, or is stamped in a manner approved by the Chief Commissioner, or(b) the copy is duly stamped under section 299.
(1) The Chief Commissioner may, for the purpose of determining whether a person is liable for duty or determining a person’s liability for duty:(a) require the person, by notice in writing given to the person, to provide a valuation of property prepared by a registered valuer or to provide such other evidence of the value of property as the Chief Commissioner considers appropriate, or(b) obtain a valuation of property, or(c) rely on a valuation of property prepared for any purpose (whether or not for the purpose of determining liability for duty) by a registered valuer or other person the Chief Commissioner is satisfied is properly qualified to provide evidence of the value of property.(2) The Chief Commissioner may assess duty on the basis of a valuation or evidence referred to in subsection (1).(3) If a person is liable to pay duty under this Act that is chargeable by reference to the value of property, the Chief Commissioner may recover from the person the cost of obtaining a valuation of the property under this section.(4) In this section:registered valuer has the meaning given by the Valuers Act 2003.
306 Ascertainment of value of certain interests
If it is necessary for the purpose of assessing duty under this Act to ascertain the value of:(a) any estate or annuity or interest for the life of any person, or(b) any estate or annuity or interest determinable on or subject to any contingency or the happening of any event, or(c) any estate or annuity or interest in remainder expectant on the death of any person or expectant on or subject to any contingency or the happening of any event,regard may be had in ascertaining the value of any such property to the death of the person having the life estate or annuity or interest or the happening of the contingency or event at any time before the assessment of duty is actually made.
(1) The Chief Commissioner may impound any instrument that ought to be but is not stamped or is insufficiently stamped.(2) The Chief Commissioner may retain any impounded instrument until the duty or any interest or penalty tax, or all such amounts, have been paid.
308 Application of Act to Crown
(1) This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Legislature of New South Wales permits, the Crown in all its other capacities.(2) However, the Crown in right of New South Wales is not liable to pay duty unless this Act or any other Act expressly imposes a liability on the Crown in that capacity to pay duty.(3) A person or body listed in Schedule 2 is liable to pay duty under this Act, even if the person or body represents the Crown. This section does not operate to exempt any such person or body from liability to pay duty under this Act.(4) (Repealed)(5) This section does not exempt any person or body from any liability to pay duty chargeable under Chapter 8.Note. However, section 259 (1) (a) provides that insurance covering only property of the Crown is exempt from duty.(6) For avoidance of doubt, in this section, the Crown includes any statutory body representing the Crown.(7) The Governor may, by proclamation published on the NSW legislation website, amend Schedule 2 to insert, omit or substitute the name of any person or body.