Stamp Duties Act 1920 No 47
Repealed version for 1 March 2008 to 1 July 2008 (accessed 22 December 2014 at 18:47)
Tenth Schedule

Tenth Schedule Savings, transitional and other provisions

(Section 144A)

Part 1A Preliminary

1A   Regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

State Revenue Legislation Further Amendment Act 1995

State Revenue Legislation (Miscellaneous Amendments) Act 1996

State Revenue Legislation Amendment Act 1997

State Revenue Legislation Further Amendment Act 1997

Traffic Legislation Amendment Act 1997, but only in relation to the amendments made to this Act

State Revenue Legislation (Miscellaneous Amendments) Act 1998

State Revenue Legislation Further Amendment Act 2000

State Revenue Legislation Amendment Act 2002

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 1B Effect of repeal of Act

1B   Repeal of Act does not affect operation of exemption

(1)  Despite the repeal of the Stamp Duties (Churches) Amendment Act 1977, section 4 of that Act continues to have effect and is taken to have been transferred to this Act.
(2)  Section 4 of the Stamp Duties (Churches) Amendment Act 1977 is a transferred provision to which section 30A of the Interpretation Act 1987 applies.

Part 1 Stamp Duties (Amendment) Act 1987

1   Loan securities

The amendments made to this Act by Schedule 8 to, and section 4 of, the Stamp Duties (Further Amendment) Act 1986 and the amendments made to this Act by Schedule 3 to, and section 4 of, the Stamp Duties (Amendment) Act 1987 do not apply to a loan security executed before 1 January 1987.

2   Acquisitions of company and unit trust interests

Division 30 of Part 3 does not apply to or in respect of:
(a)  an interest or land use entitlement acquired in a landholder, being a private company, on or after 21 November 1986 if it was acquired pursuant to an agreement entered into before that date, or
(b)  an interest or land use entitlement acquired in a landholder, being a private unit trust scheme, on or after the date of assent to the Stamp Duties (Amendment) Act 1987 if it was acquired pursuant to an agreement entered into before that date.

Part 2 Stamp Duties (Amendment) Act 1988

3   Acquisition of certain interests not chargeable with duty

No duty is chargeable under Division 30 of Part 3 in respect of the acquisition prior to 1 September 1988 of an interest in a landholder in so far as the landholder’s interest in land was that of a lessee or a mortgagee, chargee or other encumbrancee.

4   Duty in respect of certain guarantees

(1)  A guarantee executed before 16 May 1988 is to be taken to be duly stamped if it has been stamped with the duty applicable to a guarantee which does not relate to more than one distinct matter within the meaning of section 17, even though it may relate to several such distinct matters.
(2)  Despite section 17, a guarantee executed on or after 16 May 1988 having more than one guarantor is liable to duty in respect of:
(a)  not more than one joint guarantee contained in the instrument, and
(b)  each guarantor in the instrument,
and is not otherwise liable to duty as a guarantee.

5   Charging of leases in respect of produce

Section 77 (2), as amended by the Stamp Duties (Amendment) Act 1988, applies to a lease whether executed before, on or after 1 January 1989.

6   Charging of duty in respect of certain loan securities

The provisions of section 84 (3B) and (3C), as inserted by the Stamp Duties (Amendment) Act 1988, apply to:
(a)  a loan security executed on or after 1 January 1989, and
(b)  a guarantee or indemnity whether executed before, on or after 1 January 1989.

7   Exemption from duty—certain agreements entered into by tenants of the Department of Housing

(1)  Paragraph (35) of the General Exemptions from Stamp Duty under Part 3 in the Second Schedule does not apply to an agreement for sale or conveyance, or a conveyance, entered into by a purchaser pursuant to an application made on or before 29 November 1987 to purchase the land the subject of the agreement or conveyance.
(2)  An agreement for sale or conveyance of the kind referred to in paragraph (35) of the General Exemptions from Stamp Duty under Part 3 in the Second Schedule which was executed on or after 1 February 1988 but in respect of which the property the subject of the agreement was not conveyed until on or after 1 May 1988 is exempt from duty.

Part 3 Stamp Duties (Amendment) Act 1989

8   Application of Div 24 of Part 3

(1)  Division 24 of Part 3 (as inserted by the Stamp Duties (Amendment) Act 1989) applies in respect of a premium payable for a policy of insurance issued on or after 1 November 1989 or the renewal of which takes effect on or after that day.
(2)  If a policy of insurance took effect before 1 November 1989 but is varied on or after that day, the policy is, in respect of any premium payable because of the variation, to be taken for the purposes of Division 24 of Part 3 (as inserted by the Stamp Duties (Amendment) Act 1989) to have taken effect on the date of the variation.
(3)  Except as provided by this clause, Division 24 of Part 3, as in force before 1 November 1989, continues to apply to and in respect of insurance which took effect before that day.

9   Persons taken to be registered under Div 24 of Part 3

A person who, immediately before 1 November 1989, was an approved person under section 88AA and who, after that day, is required to be a registered person for the purposes of Division 24 of Part 3 or carries on business as a life insurer is to be taken, on and from that day (subject to this Act), to be such a registered person.

Part 4 Stamp Duties (Further Amendment) Act 1989

10   Application of amendments relating to financial institutions duty

The amendments made to this Act by section 3 of, and Schedule 1 (6) and (10) (g) and (h) to, the Stamp Duties (Further Amendment) Act 1989 do not apply to a dutiable receipt within the meaning of section 98 (1) which is received before 1 December 1989.

11   Pending objections

(1)  In this clause:

former appeal provisions means the provisions of Part 5 as in force immediately before the commencement of Schedule 1 (7) (b) to the Stamp Duties (Further Amendment) Act 1989.

new appeal provisions means the provisions of Part 5, as amended by the Stamp Duties (Further Amendment) Act 1989.

(2)  An objection made under the former appeal provisions before the commencement of the new appeal provisions is to be dealt with as an objection under the new appeal provisions, unless subclause (3) otherwise provides.
(3)  Subclause (2) does not apply to an objection made under the former appeal provisions if an objector has required a case to be stated to the Supreme Court before, or the time for requiring a case to be stated has expired before, the commencement of the new appeal provisions.

Part 5 Stamp Duties (Amendment) Act 1990

12   Application of amendments—generally

(1)  A provision of this Act as in force before the amendment of the provision by the Stamp Duties (Amendment) Act 1990 continues to apply to an instrument referred to in the provision which was executed before the date on which the amendment commenced or is to be taken to have commenced, except as provided by this Part.
(2)  An amendment made by the Stamp Duties (Amendment) Act 1990 does not apply to an instrument the subject of the amendment which was executed before the date on which the amendment commenced or is to be taken to have commenced, except as provided by this Part.

13   Conveyances—special trusts

The amendment made to section 73AA (6) by the Stamp Duties (Amendment) Act 1990 applies to a conveyance whenever executed.

14   Loan securities—guarantees, indemnities and other instruments

The amendments made by the Stamp Duties (Amendment) Act 1990 to section 84 (3C) apply to guarantees and indemnities which were executed before 1 June 1990 but do not apply to instruments referred to in that subsection as other instruments which were executed before 1 June 1990.

15   Statements of relevant acquisitions of interests etc

The amendments made by the Stamp Duties (Amendment) Act 1990 to section 99F (2) apply to a prior acquisition (within the meaning of section 99A (1)) whenever effected and to an instrument whenever executed.

16   Options to acquire corporate debt securities

The exemption provided for in the Second Schedule in paragraph (41) of the General Exemptions from Stamp Duty under Part 3 applies to a transfer of, or an agreement for the transfer of, an option to acquire a corporate debt security made on or after 5 January 1990.

Part 6 Stamp Duties (Further Amendment) Act 1990

17   Definition of cheque

In this Part, cheque has the same meaning as in the Cheques and Payment Orders Act 1986 of the Commonwealth and includes a payment order within the meaning of that Act and a banker’s draft.

18   Refund of duty paid on cheque forms

(1)  A person may apply to the Chief Commissioner for a refund of stamp duty paid before 1 October 1990 by the person in respect of a document intended for use as a cheque but which has not been drawn as a cheque before that date.
(2)  An application must be made by means of the approved form.
(3)  An application must be made before 1 July 1991.
(4)  The Chief Commissioner must, in respect of an application, make a refund of duty unless the Chief Commissioner is satisfied that no refund is payable.
(5)  Section 15 and Regulations 26–32A of the Stamp Duties Regulations 1934 do not apply to or in respect of a refund under this clause.

19   Use of certain cheques from 1 October 1990

A cheque on which stamp duty is expressed to have been paid may be drawn or otherwise dealt with on or after 1 October 1990 even though no such duty has been paid or duty paid has been refunded.

Part 7 Stamp Duties (Miscellaneous Amendments) Act 1990

20   Application of amendments—generally

(1)  A provision of this Act as in force before the amendment of the provision by the Stamp Duties (Miscellaneous Amendments) Act 1990 continues to apply to an instrument referred to in the provision which was executed, or a transaction referred to in the provision that was entered into, before the date on which the amendment commenced or is taken to have commenced, except as provided by this Part.
(2)  An amendment made by the Stamp Duties (Miscellaneous Amendments) Act 1990 does not apply to an instrument which was executed, or a transaction which was entered into, before the date on which the amendment commenced or is taken to have commenced, except as provided by this Part.

21   Instruments amending approved superannuation schemes

An instrument which has the sole purpose of amending an approved superannuation scheme is taken to be duly stamped if, on or after 1 May 1990 and before 1 January 1991, a $20 adhesive stamp was affixed to it.

22   Time for recovery of fines and penalties

Section 13 (2A) applies in respect of a fine or penalty imposed at any time before or after the commencement of that subsection and interest which has accrued at any time before or after that commencement on any such fine or penalty.

23   Loan security duty (small advances)

The amendments made by Schedule 1 (26), (27) and (28) to the Stamp Duties (Miscellaneous Amendments) Act 1990 apply in respect of advances made on or after 1 January 1991.

24   Policies of insurance etc

The amendments made by Schedule 1 (32) and (33) to the Stamp Duties (Miscellaneous Amendments) Act 1990 apply in respect of premiums received after 1 January 1991 in relation to disability income insurance whether or not that insurance was effected before that date.

25   Exemption of certain conveyances

(1)  Section 10A of the Land Tax Management Act 1956, as in force immediately before the commencement of section 73AA of this Act (as enacted by the Stamp Duties (Amendment) Act 1989), continues to apply to and in respect of a conveyance executed before that commencement.
(2)  Section 73AA of this Act, as in force immediately before the commencement of Schedule 2D, continues to apply to and in respect of a conveyance of the kind to which clause 4 or 5 of that Schedule applies, executed before that commencement.

Part 8 Stamp Duties (Amendment) Act 1991

26   Application of amendments—generally

(1)  A provision of this Act as in force before the amendment of the provision by the Stamp Duties (Amendment) Act 1991 continues to apply to an instrument referred to in the provision which was executed, or a transaction referred to in the provision which was entered into, before the date on which the amendment commenced or is taken to have commenced, except as provided by this Part.
(2)  An amendment made by the Stamp Duties (Amendment) Act 1991 does not apply to an instrument which was executed, or a transaction which was entered into, before the date on which the amendment commenced or is taken to have commenced, except as provided by this Part.

27   Removal of provisions concerning abolished duties

Without limiting section 30 of the Interpretation Act 1987, an amendment made by section 3 of, and Schedule 3 to, the Stamp Duties (Amendment) Act 1991 does not affect a liability to duty existing before the date of assent to that Act of any instrument.

28   Refunds—failed instruments and spoiled or unused duty stamps

An application made under section 15 as in force immediately before 1 January 1992 which had not been finally determined before that date is taken to be an application under that section as in force after that date.

Part 9 Stamp Duties (Amendment) Act 1992

29   Application of amendments—generally

(1)  A provision of this Act as in force before the amendment of the provision by the Stamp Duties (Amendment) Act 1992 continues to apply to an instrument referred to in the provision which was executed, or a transaction referred to in the provision which was entered into, before the date on which the amendment commenced or is taken to have commenced, except as provided by this Part.
(2)  An amendment made by the Stamp Duties (Amendment) Act 1992 does not apply to an instrument which was executed, or a transaction which was entered into, before the date on which the amendment commenced or is taken to have commenced, except as provided by this Part.

30   Objections to assessments—section 68

Section 68 (as amended by the Stamp Duties (Amendment) Act 1992) applies to assessments made before or after the commencement of the amendment.

31   Separation agreements between former de facto partners—section 74CB

Section 74CB (as amended by the Stamp Duties (Amendment) Act 1992) applies to separation agreements, and conveyances referred to in section 74CB (3) (as so amended), made within 3 months before the commencement of the amendment or at any time after that commencement.

Part 10 State Revenue Legislation (Further Amendment) Act 1992

32   Application of amendments—generally

(1)  A provision of this Act as in force before the amendment of the provision by the State Revenue Legislation (Further Amendment) Act 1992 continues to apply to an instrument referred to in the provision which was executed, or a transaction referred to in the provision which was entered into, before the date on which the amendment commenced or is taken to have commenced, except as provided by this Part.
(2)  An amendment made to this Act by the State Revenue Legislation (Further Amendment) Act 1992 does not apply to an instrument which was executed, or a transaction which was entered into, before the date on which the amendment commenced or is taken to have commenced, except as provided by this Part.

33   Duty on unit trust dealings—section 98A

Section 98A (d) (iii) (as amended by the State Revenue Legislation (Further Amendment) Act 1992) applies to a dealing carried out before or after the commencement of the provision.

34   Admissibility in evidence

Section 41, as amended by the State Revenue Legislation (Further Amendment) Act 1992, applies to an agreement executed before or after the commencement of the amendment, but not so as to affect the use of evidence admitted before that commencement.
Editorial note. Clauses 35 and 36 were proposed to be inserted by item (5) of Part 1 of Sch 6 to the State Revenue Legislation (Further Amendment) Act 1992 No 86. The amendment was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 1997 No 55.

Part 11 State Revenue Legislation (Amendment) Act 1994

37   Application of amendments generally

(1)  A provision of this Act as in force before the amendment of the provision by the State Revenue Legislation (Amendment) Act 1994 continues to apply to an instrument referred to in the provision which was executed, or a transaction referred to in the provision which was entered into, before the date on which the amendment commenced or is taken to have commenced, except as provided by this Part.
(2)  An amendment made to this Act by the State Revenue Legislation (Amendment) Act 1994 does not apply to an instrument which was executed, or a transaction which was entered into, before the date on which the amendment commenced or is taken to have commenced, except as provided by this Part or the amendment.

38   Short term dealings

(1)  A transaction that falls within paragraph (b) of the definition of short term dealing, as substituted by the State Revenue Legislation (Amendment) Act 1994, in section 98 (1) and that occurred on or after 24 September 1993 is taken to be a short term dealing to which Division 29 of Part 3 applied as from the date on which the transaction occurred.
(2)  A transaction that falls within paragraph (e) of the definition of short term dealing, as substituted by the State Revenue Legislation (Amendment) Act 1994, in section 98 (1) and that occurred on or after 9 November 1993 is taken to be a short term dealing to which Division 29 of Part 3 applied as from the date on which the transaction occurred.

39   Rollovers—sec 98A (cb)

Section 98A (cb) is taken to have commenced on, and not to have had effect before, 1 July 1994, despite section 2 of the State Revenue Legislation (Amendment) Act 1994.

Part 12 State Revenue Legislation Amendment Act 1995

40   Application of amendments

(1)  A provision of this Act as in force before the amendment of the provision by the State Revenue Legislation Amendment Act 1995 continues to apply to an instrument referred to in the provision that was executed, or a transaction referred to in the provision that was entered into, before 1 July 1995.
(2)  An amendment made to this Act by the State Revenue Legislation Amendment Act 1995 does not apply to an instrument that was executed, or a transaction that was entered into, before 1 July 1995.

Part 13 State Revenue Legislation Further Amendment Act 1995

41   Definition

In this Part, amending Act means the State Revenue Legislation Further Amendment Act 1995.

42   Regulation concerning ADRs

Clause 5 of the Stamp Duties Regulation 1991 is unaffected by the repeal of section 44 (3) by the State Revenue Legislation (Amendment) Act 1994, and continues to have effect (and is taken always to have had effect) for the purposes of section 44 (3), as inserted by the amending Act, and may be amended or repealed accordingly.

43   Contract splitting for transactions beginning before 1.1.1996

Section 41 (3B), as in force immediately before 1 January 1996, is taken to apply to any transaction of the kind referred to in that subsection (being a transaction in respect of which the first agreement for the sale or conveyance of property was executed before 1 January 1996) as if that subsection had not been amended by the amending Act.

44   Transfer of functions from Treasurer to Chief Commissioner

Any decision made before 1 January 1996 by the Treasurer under section 66H is taken to have been made by the Chief Commissioner of Stamp Duties.

45   Transfer of functions from Minister to Chief Commissioner

Anything done before 1 January 1996 by or in relation to either of the Ministers referred to in paragraphs (24) and (32) of the General Exemptions from Stamp Duty in the Second Schedule are taken to have been done by or in relation to the Chief Commissioner of Stamp Duties.

Part 14 State Revenue Legislation (Miscellaneous Amendments) Act 1996

46   Application of amendments

(1)  A provision of this Act as in force before the amendment of the provision by the State Revenue Legislation (Miscellaneous Amendments) Act 1996 continues to apply to an instrument referred to in the provision that was executed, or a transaction referred to in the provision that was entered into, before the amendment took effect, except as provided by regulations made under Part 1A.
(2)  An amendment made to this Act by the State Revenue Legislation (Miscellaneous Amendments) Act 1996 does not apply to an instrument that was executed, or a transaction that was entered into, before the amendment took effect, except as provided by regulations made under Part 1A.

Part 15 State Revenue Legislation Amendment Act 1997

47   Stamp duty on policies of insurance

(1)  The amendments made to Division 24 of Part 3 by the State Revenue Legislation Amendment Act 1997 apply to:
(a)  premiums paid on or after 1 July 1997, and
(b)  premiums paid on or after 7 May 1997 and before 1 July 1997 for policies of insurance and renewals of policies of insurance that take effect on or after 1 July 1997.
(1A)  However, the amendments referred to in subclause (1) do not apply to premiums paid in relation to Class 2 insurance within the meaning of section 86 (1), being:
(a)  premiums received on or after 7 May 1997 for a policy of insurance, or for the renewal of a policy of insurance, that was current before that date but not fully paid and that had a period of cover that extended past 1 July 1997, or
(b)  premiums due before 1 July 1997 but received on or after that date.
(2)  Stamp duty on a premium to which subclause (1) (b) applies that would otherwise be payable before 1 July 1997 is not payable before that date.

Part 16 State Revenue Legislation Further Amendment Act 1997

48   Stamp duty on certain regulated contracts

(1)  This clause applies:
(a)  to a loan security the date of first execution of which occurs on or after 1 November 1996 and before 1 July 1997, and
(b)  as if the Consumer Credit (New South Wales) Code had not commenced, and
(c)  despite section 84EB as in force before 1 July 1997.
(2)  In this clause, regulated contract means:
(a)  a regulated contract within the meaning of the Credit Act 1984 other than a contract deemed by section 73 of that Act to be a regulated contract that would not otherwise be a regulated contract, or
(b)  a contract that would be a regulated contract referred to in paragraph (a):
(i)  if section 18 (1) of that Act had not been enacted, and
(ii)  if the amount of $35,000 were prescribed for the purposes of section 5 (4) of that Act.
(3)  Notwithstanding any other provision of this Act, duty is not chargeable in respect of a loan security in so far as it secures the payment or repayment of an amount payable or repayable under a regulated contract.

Part 17 State Revenue Legislation (Miscellaneous Amendments) Act 1998

49   Abolition of liability for death duties

(1)  Any liability for the payment of death duty under this Act existing before 17 December 1991 (the date of assent to the Stamp Duties (Amendment) Act 1991) is extinguished.
(2)  A person is not entitled to a refund of any death duty paid under this Act before the commencement of this clause.

Part 18 State Revenue Legislation Amendment Act 2002

50   Application of Act to further advances on mortgages

(1)  Division 21 of Part 3 does not apply to advances made on or after the commencement of Schedule 1 [23] to the State Revenue Legislation Amendment Act 2002 if the advances are secured only by a loan security within the meaning of section 83.
(2)  This clause applies whether or not the loan security would, if first executed on or after 1 July 1998, be a mortgage within the meaning of section 205 of the Duties Act 1997 (despite section 1A (8) of this Act).
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