Amount of Duty
$  c

ACKNOWLEDGMENT by executor or administrator in lieu of conveyance under section 83 of the Probate and Administration Act 1898, as amended.

10.00

The devisee.

AGREEMENT OR MEMORANDUM OF AN AGREEMENT, and not otherwise specifically charged with any duty:

(1)  Under hand only:

The parties thereto.

(a)  Whether the same is only evidence of a contract, or obligatory on the parties from its being a written instrument, including every schedule, receipt, or other matter put or indorsed thereon or annexed thereto.

2.00

(b)  Where divers letters are offered in evidence to prove any agreement between the writers thereof it shall be sufficient if any one of such letters is stamped with the duty of:

2.00

Exemptions: Any agreement or memorandum under hand:

(a)  (Repealed)

(b)  made between a master and any mariner of any ship or vessel for wages on any voyage coastwise from port to port in the State of New South Wales.

(2)  Under seal

10.00

Exemption—Any agreement made by a council (within the meaning of the Local Government Act 1993) with the Crown or with any corporation or person representing the Crown that would but for this exemption have been chargeable only with the said fixed duty of fifty cents or $10 is exempt from such duty.

AGREEMENT FOR THE SALE OR CONVEYANCE (INCLUDING EXCHANGE) OF ANY PROPERTY:

The same duty as on a conveyance of the property.

The purchaser or person deemed to be the purchaser, or the person to whom the property is agreed to be conveyed.

APPOINTMENT OF TRUSTEES:

For every appointment of a trustee by any instrument or by order of the Supreme Court or a Judge thereof.

10.00

The person making or executing the appointment (in the case of an instrument) and the trustee or trustees in any other case.

Exemptions:

(a)  The appointment of a trustee by a will.

(b)  Every instrument for the appointment of a trustee or trustees of property held in trust for any corporation or body of persons associated for religious, charitable, or educational purposes.

APPOINTMENT in execution of a power:

AWARD

BANK NOTES

BETTING TICKETS

BILL OF EXCHANGE, PROMISSORY NOTE AND CHEQUE

BILL OF LADING OR RECEIPT

CHARTER PARTY

COMPANIES

CONTRACT NOTE

CONVEYANCES OF ANY PROPERTY:

(1)  Upon every conveyance of any property (other than shares or rights to shares, CUFS or IRs or a mortgage referred to in paragraph (1) under the heading “Mortgage” herein or units in a unit trust scheme) on a sale for a consideration in money or money’s worth of not less than the unencumbered value of the property:

The purchaser or, in the case of an exchange, the person deemed to be the purchaser.

(a)  where the amount of such consideration does not exceed $14,000

$1.25 for every $100 or part thereof.

(b)  where the amount of such consideration exceeds $14,000 but does not exceed $30,000

$175 plus $1.50 for every $100 or part thereof by which the amount exceeds $14,000.

(c)  where the amount of such consideration exceeds $30,000 but does not exceed $80,000

$415 plus $1.75 for every $100 or part thereof by which the amount exceeds $30,000.

(d)  where the amount of such consideration exceeds $80,000 but does not exceed $300,000

$1,290 plus $3.50 for every $100 or part thereof by which the amount exceeds $80,000.

(e)  where the amount of such consideration exceeds $300,000 but does not exceed $1,000,000

$8,990 plus $4.50 for every $100 or part thereof by which the amount exceeds $300,000.

(f)  where the amount of such consideration exceeds $1,000,000

$40,490 plus $5.50 for every $100 or part thereof by which the amount exceeds $1,000,000.

(2)  Upon every conveyance of any property (other than shares or rights to shares, CUFS or IRs or a mortgage referred to in paragraph (1) under the heading “Mortgage” herein or units in a unit trust scheme) made without consideration in money or money’s worth:

The parties to the conveyance or any one or more of them.

On whichever is the greater of:

(a)  the unencumbered value of the property, or

(b)  the amount or value of all encumbrances (whether certain or contingent) subject to which the property is conveyed.

The same duty as on a conveyance under paragraph (1) above as if the greater of the amounts under paragraphs (a) and (b) opposite hereto were the amount of the consideration.

(3)  Upon every conveyance of any property (other than shares or rights to shares, CUFS or IRs or a mortgage referred to in paragraph (1) under the heading “Mortgage” herein or units in a unit trust scheme) made upon a bona fide consideration in money or money’s worth of less than the unencumbered value of the property:

The parties to the conveyance or any one or more of them.

On whichever is the greater of:

(a)  the unencumbered value of the property, or

(b)  the amount obtained by aggregating together:

(i)  the amount or value of the consideration ascertained in accordance with this Act, and

(ii)  the amount or value of all encumbrances (whether certain or contingent) subject to which the property is conveyed.

The same duty as on a conveyance under paragraph (1) above as if the greater of the amounts under paragraphs (a) and (b) opposite hereto were the amount of the consideration.

(3A)  Upon every conveyance of any property (other than shares or rights to shares, CUFS or IRs or a mortgage referred to in paragraph (1) under the heading “Mortgage” herein or units in a unit trust scheme) made upon a bona fide consideration in money or money’s worth of not less than the unencumbered value of the property, not being a conveyance on sale of the property:

The parties to the conveyance or any one or more of them.

On the amount obtained by aggregating together:

(a)  the amount or value of the consideration ascertained in accordance with this Act, and

(b)  the amount or value of all encumbrances (whether certain or contingent) subject to which the property is conveyed.

The same duty as on a conveyance under paragraph (1) above as if the aggregate of the amounts under paragraphs (a) and (b) opposite hereto were the amount of the consideration.

(3B)  On the transfer of shares, or the redemption and issue of shares, of any company, being shares which confer an entitlement to exclusive possession of a company title dwelling, whether or not the company is a NSW company or has a register of members in New South Wales.

The same duty as on a conveyance under paragraph (1), (2), (3) or (3A) above, as the case may require, as if a reference in those paragraphs to the unencumbered value of the property were a reference to the unencumbered value of the shares.

The same persons as are primarily liable on a conveyance under paragraph (1), (2), (3) or (3A) above, as the case may require.

(4)  Upon each of the following instruments:

(a)  

(i)  an instrument appointing a new trustee, or

(ii)  an instrument appointing an additional trustee, or

(iii)  an instrument by which a trustee retires from a trust without any new trustee being appointed in his place, or

(iv)  a declaration by an executor under section 11 of the Trustee Act 1925, as amended.

10.00

The parties to the instrument or any one or more of them.

(b)  A conveyance not made for valuable consideration and made to a beneficiary under and in conformity with the trusts contained in a conveyance, declaration of trust or other instrument on which ad valorem stamp duty imposed by an Act in force at the time of its execution has been paid or which, by an Act so in force, was exempt from stamp duty, but only to the extent that the conveyance to the beneficiary is a conveyance of property that the Chief Commissioner is satisfied is wholly or substantially the same as:

(i)  property that, at the time of the execution of the instrument containing the trusts, was held or to be held by the trustees upon those trusts and was property in respect of which that ad valorem duty was paid or that exemption applied,

(ii)  property representing the proceeds of re-investment of property referred to in paragraph (i) of this subparagraph, or

(iii)  property referred to in both paragraph (i) and paragraph (ii) of this subparagraph.

(c)  An instrument made or executed bona fide by way of completion or confirmation of title whereby no greater benefit, legal or equitable, accrues to the person in whose favour the instrument is made or executed than he originally had or was entitled to have by virtue of some other instrument which is duly stamped with ad valorem duty as a conveyance or declaration of trust.

(d)  A conveyance following upon a decree or order for foreclosure where ad valorem duty has been paid upon such decree or order

(e)  A conveyance whereby the apparent purchaser of property that is vested in him upon trust for the person who was the real purchaser and who has actually paid the purchase money therefor, conveys the same to the real purchaser.

10.00

The transferee.

(f)  A conveyance referred to in section 73 (2A) or (2AD)

2.00

The transferee.

(g)  A conveyance not made for valuable consideration and made to a beneficiary by a trustee under and in conformity with the trusts contained in a will or arising on an intestacy and in either case in respect of property on which death duty or duty under an Act imposing duties on the estates of deceased persons has been paid or which by such an Act is exempt from death duty or in respect of which no death duty is, by virtue of such an Act, chargeable

(h)  A conveyance first executed on or after 19 July 1985, not made for valuable consideration and made to a beneficiary by a trustee, being a conveyance of property the subject of a trust for sale contained in a will and in respect of property on which death duty or duty under an Act imposing duties on the estates of deceased persons has been paid or which, by such an Act, is exempt from death duty or in respect of which no death duty is, by virtue of such an Act, chargeable

10.00

The transferee.

(i)  Any instrument (being an instrument which, but for this subparagraph, would be chargeable with ad valorem duty) which amends or varies the effect of an instrument establishing a public unit trust scheme, where the firstmentioned instrument:

(i)  is not an instrument of the kind referred to in subparagraph (a),

(ii)  does not convey, or have the effect of conveying, any property the subject of the scheme to any person who is a trustee under the scheme or to any 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.

200.00

The parties to the instrument.

(j)–(k)  (Repealed)

(5)  Upon every conveyance made in conformity with an agreement where ad valorem duty has been paid on the agreement and the agreement is produced to the Chief Commissioner or he is satisfied that it has been duly stamped

2.00 or (if it be lower) the ad valorem duty as hereinbefore by this Act provided.

The transferee.

(6)  Upon a conveyance whereby a trustee of a superannuation scheme transfers to a member of the scheme on his retirement from the scheme a policy of insurance on the life of the member:

The transferee.

On the first of such transfers

3.00

On each subsequent transfer

2.00

(7)  Upon the conveyance of a lot within a strata plan where the Chief Commissioner is satisfied:

(a)  that the conveyance is part of an arrangement under which the transferee will take an interest in the lot conveyed similar in effect to and as a substitute for the interest he had in the lot immediately before the registration of the strata plan in which the lot is contained, and

(b)  that the transferee was, immediately before registration of the strata plan in which the lot is contained, entitled to exclusive occupation of the lot by reason of:

(i)  his being the registered owner of certain shares in a company that had a memorandum or articles of association conferring that entitlement upon the transferee,

(ia)  the transferee being the registered owner of units in a unit trust scheme that under the trust deed for the scheme conferred that entitlement on the transferee,

(ii)  his being a lessee having that entitlement conferred upon him under a duly stamped lease having a term exceeding fifty years, or

(iii)  his rights under an agreement where those rights were dependent upon his being a co-owner of a parcel within the meaning of that Act.

10.00

The transferee.

COPY OF INSTRUMENT:

Being a copy referred to in section 73D.

The same duty as the original instrument.

The person primarily liable in respect of the original instrument.

DECLARATION OF TRUST:

(1)  Any instrument declaring that a person in whom property is vested as the apparent purchaser thereof holds the same in trust for the person or persons who have actually paid the purchase-money therefor.

10.00

The person declaring the trust.

(2) (a)  Any instrument declaring that any property vested or to be vested in the person executing the instrument is or shall be held in trust for the person or persons or purpose or purposes mentioned therein notwithstanding that the beneficial owner or person entitled to appoint that property may not have joined therein or assented thereto.

200.00 or the same duty as would be chargeable if the instrument were a conveyance of the property comprised therein, whichever is the greater.

The person declaring the trust or the person directing the declaration of the trust.

(b)  Any instrument declaring that any property not identified therein and to be vested in the person executing the instrument shall be held in trust for the person or persons or purpose or purposes mentioned therein notwithstanding that the beneficial owner or person entitled to appoint that property may not have joined therein or assented thereto.

200.00

The person declaring the trust or the person directing the declaration of the trust.

(c)  (Repealed)

(3)  Any such instrument as aforesaid by which (a) the same trusts are declared as have been declared in respect of the same property by an instrument duly stamped with ad valorem duty under this Act or (b) the trusts declared are the same trusts as those upon or subject to which the same property was conveyed to the person declaring the trust by an instrument duly stamped with ad valorem duty under this Act or (c) the same trusts are declared as have been declared by a will in respect of the same property and any death duty payable in respect of that property by reason of the death of the testator who made such will has been paid.

10.00

The person declaring the trust.

(4)  (Repealed)

DEED:

(1)  Deed of any kind whatever not otherwise charged in this Schedule.

(2)  Any instrument which under the provisions of any statute is given the operation or effect of a deed before registration.

10.00

The parties to the deed, or any one of them.

DISCOUNT ARRANGEMENT other than a Short Term Discount Arrangement

DUPLICATE OR COUNTERPART of an agreement for the hire of a motion picture film.

DUPLICATE OR COUNTERPART of any instrument chargeable with any duty

2.00

The person chargeable on the original instrument.

EXCHANGE:

Any instrument effecting an exchange of any property or any instrument partly effecting such an exchange.

The same duty as on a conveyance.

The person to whom any property is conveyed by way of exchange.

In any other case

10.00

FORECLOSURE ORDER:

On the unencumbered value of the property included in the order.

The same duty as on a conveyance under paragraph (1) of the matter herein under the heading “Conveyances of any Property”.

The mortgagee.

GUARANTEE

HIRING ARRANGEMENT:

On the total amount payable under the hiring arrangement.

2.00 or an amount equal to 1½ per centum of such total amount payable under the hiring arrangement whichever is the greater, but in any case not exceeding $10,000 in respect of any one hiring arrangement, but only if the hiring arrangement precludes the inclusion within it of other goods in replacement of, or in addition to, the original goods to which it relates (whether the other goods are of a class the same as, or of a class different from, the original goods). (Any remaining fractional part of one cent shall be disregarded.)

The owner.

INSTALMENT PURCHASE ARRANGEMENTS

LEASE OR PROMISE OF OR AGREEMENT FOR LEASE OR HIRE of any Property not being a Ship or Vessel:

(1)  In respect of the total rent payable during the term without any consideration by way of premium, fine, or foregift:

Where such rent:

does not exceed $100

0.35

The lessee or tenant.

exceeds $100—for every $100 and also for any remaining fractional part of $100

0.35

(2)  In consideration of a sum of money by way of premium, fine, or foregift, without rent

(3)  In consideration of a sum of money by way of premium, fine, or foregift, and also of rent whether real or nominal

On the amount of premium

The same duty as on a conveyance under paragraph (1) under the heading “Conveyances of any Property” herein.

The lessee or tenant.

And on the rent

The same duty as on a lease under paragraph (1) hereof.

(4)  Where the consideration is nominal, or where there is no consideration in money or money’s worth

The same duty as would be chargeable on a conveyance under paragraph (1) under the heading “Conveyances of any Property” herein as if the unencumbered value of the lease in question were the amount of the consideration.

The lessee or tenant.

(5)  (Repealed)

(6)  Of any other kind whatsoever

10.00

The lessee or tenant.

(7)  A lease made subsequently to and in conformity with a contract or agreement to grant such lease duly stamped

2.00

(8)–(10)  (Repealed)

Exemptions:

(a)  A lease for a term of less than 1 year where the sole consideration is a rent of not more than $3,000.

(b)  A lease for a term of not less than 1 year where the sole consideration is a rent of not more than $3,000 per annum.

LETTER OF ALLOTMENT AND LETTER OF RENUNCIATION

LETTER OR POWER OF ATTORNEY or other instrument in the nature of:

LOAN INSTRUMENT

LOAN SECURITY:

(1)  Upon every loan security other than a mortgage referred to in paragraph (2):

Where the amount or the maximum amount that is or may become payable or repayable under or that is secured by the loan security does not exceed $16,000. (If the loan security is a debenture, an adhesive stamp may be used.)

5.00

The borrower or person bound.

Where that amount or maximum amount exceeds $16,000:

For the first $16,000

5.00

And, in addition, for every $1,000 and also for any remaining fractional part of $1,000 in excess of the first $16,000

4.00

(2)  A mortgage that is the subject of a caveat on which ad valorem duty has been paid

10.00

The mortgagor.

Exemptions:

(a)  Any loan security where that amount or that maximum amount does not exceed $500.

(a1)  Any loan security in respect only of additional advances secured by the loan security, if the total additional advances so secured do not exceed $10,000 in any 12 month period, not being the 12 month period after the initial advance.

(b)  An eligible mortgage under Schedule 2A where the eligible contract with which it is associated is eligible to be stamped under clause 11 or 28 of that Schedule.

(b1)  A loan security in support of any such eligible mortgage.

(c)  A mortgage created solely for the purpose of providing security in accordance with a condition imposed on the grant of bail in connection with criminal proceedings.

MORTGAGE:

(1)  Upon every transfer or assignment of any mortgage on a sale thereof for a consideration in money or money’s worth of not less than the unencumbered value of the mortgage:

The transferee or assignee.

For every $10 and also for any fractional part of $10 of the consideration for the transfer or assignment

0.06

(2)  Upon every transfer or assignment of any mortgage made without consideration in money or money’s worth:

The parties to the transfer or assignment or any one or more of them.

On the unencumbered value of the mortgage.

The same duty as would be chargeable under paragraph (1) above as if the unencumbered value of the mortgage were the amount of the consideration.

(3)  Upon every transfer or assignment of any mortgage made upon a consideration in money or money’s worth of less than the unencumbered value of the mortgage:

The parties to the transfer or assignment or any one or more of them.

On the unencumbered value of the mortgage.

The same duty as would be chargeable under paragraph (1) above as if the unencumbered value of the mortgage were the amount of the consideration.

(4)  Upon every transfer or assignment of any mortgage made without valuable consideration from an administrator or trustee to the person beneficially entitled thereto under and in conformity with the trusts contained in a conveyance, declaration of trust or other instrument on which stamp duty imposed by any Act in force at the time of its execution has been paid or which is exempt from stamp duty under such Act or with the trusts contained in a will or arising on an intestacy and in either case in respect of a mortgage on which death duty or duty under any Act imposing duties on the estates of deceased persons has been paid or which shall be exempt from death duty by such Act or in respect of which no death duty is, by virtue of such Act, chargeable.

10.00 or ad valorem duty at the rate of 6c for every $10 (or part thereof) of the unencumbered value of the mortgage, whichever is the lower.

The transferee or assignee.

MOTOR VEHICLE CERTIFICATE OF REGISTRATION:

On a motor vehicle certificate of registration:

(a)  for a motor vehicle, other than a motor vehicle to which paragraph (b) applies.

$2.50 for every $100 and also for any fractional part of $100 of the value of the motor vehicle.

The person in whose name the certificate is issued.

(b)  for a passenger vehicle, being a vehicle:

(i)  constructed primarily for the carriage of not more than 9 occupants, including a sedan, station wagon, coupe, convertible, four wheel drive vehicle with seats and windows, two wheel drive panel van with seats and windows, three wheel car, forward control passenger vehicle, small bus (seating not more than 9 persons, including the driver), motor home, and snow vehicle, but not including a motor cycle (with or without a side car), large bus (seating more than 9 persons, including the driver), hearse or invalid conveyances, and

(ii)  the value of which is not less than $45,000.

$1,350 plus $4.50 for every $100 and also for any fractional part of $100 by which the value of the motor vehicle exceeds $45,000.

PARTITION:

(1)  The principal or only instrument effecting a partition of any property.

A fixed duty of $10.00 and in addition a case where the divided parts of the property are unequal in unencumbered value the same ad valorem duty as if it were a conveyance of similar property of an unencumbered value equal to the amount by which the unencumbered value of the undivided share of each partitioner is exceeded by the unencumbered value of the divided part taken by him, and any amount paid or given or agreed to be paid or given for equality shall be deemed to be consideration for such conveyance.

The persons making the partition or any one or more of them.

(2)  In any other case

10.00

POLICIES OF INSURANCE not being a policy of life insurance:

(1)  (Repealed)

(2)  Upon every transfer or assignment otherwise than by way of mortgage or release of mortgage of any such policy as aforesaid (Adhesive stamp may be used.)

2.00

The transferee or assignee.

(3)  (Repealed)

Exemptions

POLICIES OF LIFE INSURANCE:

(1)  Upon every policy (other than a temporary or term insurance policy) where the sum insured exceeds $100 and does not exceed $2,000:

The company or person issuing the policy.

For every $200 and also for any fractional part of $200 of the sum insured

0.10

Where the sum insured exceeds $2,000:

For every $200 of the first $2,000 of such amount

0.10

And in addition thereto, for every $200 and also for any fractional part of $200 in excess of the first $2,000

0.20

(2)  Upon a temporary or term insurance policy

Five per centum of the first year’s premium on the policy.

Exemption: A policy of life insurance where the sum insured does not exceed $100.

(3)  (Repealed)

(4)  Upon every transfer or assignment of a policy of life insurance otherwise than by way of mortgage or release of mortgage.

The same duty as on a conveyance.

The transferee or assignee.

LIFE INSURANCE RIDERS:

Upon every life insurance rider

Five per centum of the first year’s premium on the life insurance rider.

The company or person issuing the life insurance rider.

REAL PROPERTY ACT 1900, as amended:

(1)  Application to bring land under the Act or to be registered under the Act as the proprietor of an estate in land where not otherwise liable to stamp duty not being a transmission application and not containing an application based on a possessory title.

10.00

The applicant.

(1A)  An application referred to in paragraph (1) which also contains an application based on a possessory title.

The same duty as on a possessory application.

The applicant.

(1B)  An application referred to in paragraph (1) which also contains an application based on a possessory title, where ad valorem duty is paid for a conveyance of the land.

10.00

The applicant.

(2)  Nomination:

Where application is made to bring land under the Act, and the applicant nominates any other person as the person for whose estate or interest a folio of the Register is to be created.

The same duty as would have been payable on a conveyance of such land from the applicant, and all other necessary parties, to the person nominated for the estate mentioned in such nomination.

The nominee.

(3)  Instrument of transfer:

(a)  Duty shall be charged in accordance with the provisions under the heading “Conveyances of any Property” herein upon and in respect of every instrument of transfer as a conveyance of the property therein, and the person or persons specified by such provisions for the case shall be primarily liable for the duty on the transfer.

(b)  By way of exchange of the property therein.

The same duty as on an exchange herein.

The transferee.

(c)  By way of partition or division.

The same duty as on a partition herein.

The persons making the partition.

(4)  Foreclosure order

The same duty as on a foreclosure order herein.

The mortgagee.

(5)  Instrument of lease or promise of or agreement therefor.

The same duty as on a lease.

The lessee.

(6)  Transfer or surrender of lease:

(a)  Duty shall be charged in accordance with the provisions under the “Conveyances of any Property” herein upon and in respect of the transfer or surrender as a conveyance of the property therein and the person or persons specified by such provisions for the case shall be primarily liable for the duty on the transfer or surrender.

(b)  By way of exchange of the property therein.

The same duty as on an exchange herein.

The transferee.

(c)  By way of partition or division.

The same duty as on a partition herein.

The persons making the partition.

(7)  Transfer of a mortgage or a charge made otherwise than by way of mortgage or discharge of mortgage.

The same duty as is payable on a conveyance.

The transferee.

(8)  Consent by an executor or administrator to a transmission application by a devisee or person entitled on intestacy.

10.00

The devisee or person entitled on intestacy.

(9)–(13)  (Repealed)

(14)  A transmission application to a devisee who is also the sole executor or administrator.

10.00

The applicant.

(15)  Possessory application.

The same duty as would be payable on an instrument of transfer to the applicant on a sale of the land to which the application relates for a consideration in money of not less than the unencumbered value of the land where that unencumbered value is the value ascertained as provided by section 73A of this Act.

The applicant.

Exemptions:

(a)  The same as in the case of conveyances and agreements relating to land not under the provisions of the Real Property Act 1900.

(b)  Any application for transmission other than an application for transmission to a devisee who is also the sole executor or administrator.

(c)  Any instrument of transfer of land brought under the provisions of the Real Property Act 1900 pursuant to section 31A of that Act, being a transfer by the person in whom the resumed land is vested by or under an Act or Act of the Parliament of the Commonwealth to the person entitled thereto immediately before it was so vested, but only if no compensation has been paid in respect of the resumption.

RECEIPT

RECEIPTS RETURN:

Upon the dutiable receipts required to be specified in a receipts return:

The person who is required to make out the receipts return.

(a)  Upon the total amount of dutiable receipts, not being dutiable receipts referred to in paragraph (b)

An amount equal to 0.06 per centum of the total amount of those dutiable receipts.

(b)  Upon a dutiable receipt where the amount received is a single amount of not less than $2,000,000 (or, where some other amount is prescribed, the prescribed amount)

1,200.00

REPLICA:

Upon every replica.

10.00 or the same duty as that with which the instrument the replica is intended to replace was charged, whichever is the lower.

The parties to the replica or any one or more of them.

SUPERANNUATION FUND INSTRUMENTS

DIRECTION AS TO ISSUE OR ALLOTMENT OF SHARES:

Any direction in writing executed for the purposes of subsection (1) of section 94A of this Act shall be chargeable with duty, as follows:

The person to whom the shares are to be issued or allotted.

(a)  If the direction is made upon a consideration in money or money’s worth of not less than the unencumbered value of the shares directed to be issued or allotted.

The same duty as is payable under paragraph (1) under the heading “Transfer of Shares” herein on a transfer of shares for a consideration of equal amount.

(b)  In any case other than that mentioned in the preceding subparagraph (a):

On the unencumbered value of the shares directed to be issued or allotted.

The same duty as is payable under paragraph (1) under the heading “Transfer of Shares” herein as if the unencumbered value of the shares directed to be issued or allotted were the amount of the consideration.

Exemption—A direction for the issue or allotment of shares in a mining company as defined in section 3 of this Act made upon a consideration in money or money’s worth of not less than the unencumbered value of the shares directed to be issued or allotted.

TRANSFER OF SHARES:

(1)  Upon the transfer of any shares or of the right to any shares in the stock or funds of a NSW company or a corporation or company incorporated outside Australia that has a share register in New South Wales wherein such share or right is registered on a sale thereof for a consideration in money or money’s worth of not less than the unencumbered value of the shares or the right to the shares comprised in the transfer:

The transferee.

(a)  (Repealed)

(b)  Where the shares transferred are shares of a corporation or company:

(i)  the shares of which are not listed on a recognized stock exchange, and

(ii)  which is not the legal or beneficial owner of land in New South Wales

Where the duty is $10, adhesive stamp may be used.

10.00
or ad valorem duty at the rate of 60c for every $100 (or part thereof) of the value of the shares or ad valorem duty at the rate of 60c for every $100 (or part thereof) of the consideration for the sale, whichever is the greatest.

(c)  In any other case:

For every $100 and also for any fractional part of $100 of the consideration for the transfer

0.60

Where the shares or the right to the shares comprised in the transfer are listed on the Sydney Stock Exchange, adhesive stamp may be used, which stamp shall be affixed and cancelled by the transferee as provided by this Act.

(2)  Upon the transfer of shares or of rights to shares made without consideration in money or money’s worth:

The parties to the transfer or any one or more of them.

On the unencumbered value of the shares or the rights to the shares comprised in the transfer.

The same duty as would be chargeable under paragraph (1) above as if the unencumbered value of the shares or the rights to the shares comprised in the transfer were the amount of the consideration.

(3)  Upon the transfer of shares or of rights to shares made upon a consideration in money or money’s worth of less than the unencumbered value of the shares or of the rights to shares comprised in the transfer:

The parties to the transfer or any one or more of them.

On the unencumbered value of the shares or the rights to the shares comprised in the transfer.

The same duty as would be chargeable under paragraph (1) above as if the unencumbered value of the shares or the rights to the shares comprised in the transfer were the amount of the consideration.

(4)  Upon the transfer of shares without valuable consideration to the person beneficially entitled thereto under and in conformity with the trusts contained in a conveyance, declaration of trust or other instrument on which ad valorem stamp duty imposed by an Act in force at the time of its execution has been paid or which, by an Act so in force, was exempt from stamp duty but only to the extent that the shares are any one or more of the following:

10.00
or ad valorem duty at the rate of 60c for every $100 (or part thereof) of the value of the shares, whichever is the lower.

The transferee.

(a)  the same shares as, at the time of the execution of the instrument creating the trusts, were held or to be held by the trustees upon those trusts and were shares in respect of which that ad valorem duty was paid or that exemption applied,

(b)  shares that the Chief Commissioner is satisfied represent the proceeds of re-investment of shares referred to in subparagraph (a) of this paragraph, and

(c)  bonus shares issued by reason of a holding of shares referred to in subparagraph (a) or (b) of this paragraph.

(5)  Where a transfer of shares includes a right to shares and the transfer is duly stamped in respect of such rights:

The transferee.

On any transfer necessary to vest such rights in the transferee.

2.00

(6)  Where as a consequence of a transfer of shares in a company that has been duly stamped, being a transfer not registered in the share register of the company, the transferee in that transfer is, upon a bonus issue or the issue of a right to shares subsequent to the transfer, entitled to other shares registered in the name of the transferor and the transferee pays the amount, if any, necessary to take up the other shares:

The transferee.

On any transfer necessary to vest those other shares in the transferee.

10.00
or ad valorem duty at the rate of 60c for every $100 (or part thereof) of the value of the shares, whichever is the lower.

(7)  Upon the transfer of shares without valuable consideration to the person beneficially entitled thereto under and in conformity with the trusts contained in a will or arising or an intestacy and in either case in respect of shares on which death duty or duty under an Act imposing duties on the estates of deceased persons has been paid or which, by such an Act, were exempt from death duty or in respect of which no death duty is, by virtue of such an Act, chargeable.

10.00
or ad valorem duty at the rate of 60c for every $100 (or part thereof) of the value of the shares, whichever is the lower.

The transferee.

(8)  Upon a transfer of shares first executed on or after 19 July 1985, not made for valuable consideration and made to a beneficiary by a trustee, being a transfer of shares the subject of a trust for sale contained in a will and in respect of shares on which the death duty or duty under an Act imposing duties on the estates of deceased persons has been paid or which, by such an Act, are exempt from death duty or in respect of which no death duty is, by virtue of such an Act, chargeable.

10.00
or ad valorem duty at the rate of 60c for every $100 (or part thereof) of the value of the shares, whichever is the lower.

The transferee.

(9)  In paragraphs (1)–(8) and in the following exemptions from the duties imposed by those paragraphs:

(a)  a reference to shares generally includes a reference to CUFS and IRs, and

(b)  a reference to shares in relation to any stock or fund includes a reference to CUFS and IRs in relation to that stock or fund.

Exemptions:

(a)  Any transfer of bonds, debentures, stock or Treasury Bills of the Commonwealth of Australia or the Government of New South Wales or the Government or Administration of any other State or any Territory of the Commonwealth or of debentures or stock of any public statutory body constituted under the law of the said Commonwealth or of New South Wales or of any other State or any Territory of the said Commonwealth.

(b)  Any transfer of shares in a mining company as defined in section 3 of this Act, on a sale thereof for a consideration in money or money’s worth of not less than the unencumbered value of such property sold.

(c)  (Repealed)

(d)  Any transfer of an interest in or charge over any bonds, debentures, stock or Treasury Bills of the Commonwealth of Australia or the Government of New South Wales or the Government or Administration of any other State or any Territory of the Commonwealth or any debentures or stock of any public statutory body constituted under the law of the Commonwealth or of New South Wales or of any other State or any Territory of the Commonwealth.

(e)  Any transfer of shares listed on a stock exchange in Australia if the transfer is for the sole purpose of:

(i)  lending the shares to the transferee, or

(ii)  returning shares previously borrowed from the transferee, being such shares as are necessary to restore the shareholding of the transferee to the exact number and class of shares of which the transferee would have otherwise become the registered holder, if the loan had not taken place, or

(iii)  a securities lending transaction.

(f)  Any transfer of shares to or by a prescribed corporation within the meaning of Division 28A of Part 3 that is:

(i)  a transfer to the prescribed corporation as trustee for the transferor,

(ii)  a transfer to the prescribed corporation as trustee for a person for whose benefit the shares were held by the transferor in trust immediately before the transfer, where the transferor is:

(A)  the Public Trustee,

(B)  a trustee company within the meaning of the Trustee Companies Act 1964,

(C)  a corporation that is constituted under the law of another State or of a Territory of the Commonwealth and, in the opinion of the Chief Commissioner, corresponds in that State or Territory to the Public Trustee or a trustee company referred to in subparagraph (B), or

(D)  any of the following:

(1)  a nominee corporation (being a corporation whose principal business is the business of holding shares as a trustee or nominee),

(2)  a corporation, person or class of persons prescribed by the regulations,

(iii)  a transfer by the prescribed corporation, as trustee, to the person recorded by it as the person for whose benefit the shares are held by it in trust,

(iv)  a transfer by the prescribed corporation, as trustee, to another person as trustee for:

(A)  the person recorded by the prescribed corporation as the person for whose benefit the shares were held by it in trust, or

(B)  the beneficial owner of the shares purchased under a relevant transaction upon which duty was paid or which was exempt from duty and on whose behalf the prescribed corporation held the shares in trust,

      where the new trustee is:

(C)  the Public Trustee,

(D)  a trustee company within the meaning of the Trustee Companies Act 1964,

(E)  a corporation that is constituted under the law of another State or of a Territory of the Commonwealth and, in the opinion of the Chief Commissioner, corresponds in that State or Territory to the Public Trustee or a trustee company referred to in subparagraph (D), or

(F)  any of the following:

(1)  a nominee corporation (being a corporation whose principal business is the business of holding shares as a trustee or nominee),

(2)  a corporation, person or class of persons prescribed by the regulations,

(v)  a transfer by the prescribed corporation, as trustee, to a person (not being a person referred to in subparagraph (iii) or a new trustee referred to in subparagraph (iv)) who is the beneficial owner of the shares purchased under a relevant transaction upon which duty has been paid or which is exempt from duty, and on whose behalf the prescribed corporation held the shares in trust, or

(vi)  a transfer which is, in accordance with the rules and practices of the London Stock Exchange, a stock loan transaction.

(g)  A transfer, to or by any of the following nominee companies, of a marketable security or right in respect of shares:

(i)  a nominee company that holds marketable securities solely for the purpose of facilitating marketable security transaction settlements by a broker as defined in section 97A,

(ii)  SECH Nominees Pty Ltd,

(iii)  CHESS Depositary Nominees Pty Ltd,

(iv)  a nominee company prescribed by the regulations.

(h)  A transfer of shares comprising a buy-back of shares in accordance with Division 4B of Part 2.4 of the Corporations Law by a NSW company, unless the buy-back is effected by the purchaser pursuant to an arrangement or understanding that the purchaser is to issue a number of shares:

(i)  calculated by reference to the number of shares bought back, and

(ii)  at an issue price calculated by reference to the buy-back price of the shares bought back, and

(iii)  to, or at the direction of, the seller of the shares bought back.

SHORT TERM DEALERS RETURN:

Upon:

(a)  in the case of a short term dealer who is not a prescribed short term dealer and who is not a member of a group—the amount comprising one-third of the sum of the short term liabilities in respect of his Australian based operations at the close of each day during the month or the longer period, as the case may be, to which the return relates divided by the number of days in that month, or that longer period, as the case may be

(b)  in the case of a short term dealer who is not a prescribed short term dealer and who is a member of a group—the amount comprising one-third of the sum of the short term liabilities of the group in respect of their Australian based operations at the close of each day during the month or the longer period, as the case may be, to which the return relates divided by the number of days in that month, or that longer period, as the case may be

(c)  in the case of a prescribed short term dealer—the amount comprising the sum of the credit balances in his short term dealer’s account at the close of each day during the month or the longer period, as the case may be, to which the return relates divided by the number of days in that month or that longer period, as the case may be

An amount equal to 0.005 per centum per month or longer period, as the case may be, of such amount.

The short term dealer.