{"id":"stamp-duty-act-1978","name":"Stamp Duty Act 1978","slug":"stamp-duty-act-1978","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30611,"registerId":"nt-stamp-duty-act-1978-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 8A","sectionType":"division","heading":"Relevant acquisitions in certain corporations","content":"Division 8A Relevant acquisitions in certain corporations\nand unit trust schemes entitled to land\n56C Interpretation ................................................................................. 48\n56CA Arrangement relating to certain entitlement ................................... 56\n56CAA Acquisition of interest by share transfer ......................................... 57\n56D Lodgement of statements by trustees............................................ 58\n56K When statement to be lodged ........................................................ 59\n56M Statement chargeable with duty .................................................... 61\n56N Corporation to which Division applies ............................................ 64\n56NA Linked entity .................................................................................. 64\n56NB Unencumbered value of land of corporation .................................. 64\n56P Meaning of relevant acquisition ..................................................... 65\n56Q Interest and significant interest in corporation ............................... 66\n56R How dutiable value determined ..................................................... 66\n56S Liability for duty.............................................................................. 67\n56T Unit trust schemes ......................................................................... 67\nDivision 8B Imposition of duty on statutory vesting and\nmerger vesting of dutiable property\n56W Duty on a statutory and merger vesting of dutiable property ......... 68\n57 Owner to pay duty ......................................................................... 68\n58 Registrar not to register unless duty paid ...................................... 69\n59 Assessment of duty payable on motor vehicle certificate of\nregistration ..................................................................................... 69\n59A Refund of duty if sale of motor vehicle cancelled........................... 71\n\nStamp Duty Act 1978 iv\n60 How duty denoted.......................................................................... 71\n61 Exemption to be claimed in declaration ......................................... 71\nDivision 15 Transactions otherwise than by dutiable\ninstruments\n83B Payment of duty on statement in absence of dutiable\ninstrument ...................................................................................... 71\n83C Stamping of other instruments related to same transaction ........... 72\n83E Aiding and abetting ........................................................................ 73\n84 Assessment of duty on instruments ............................................... 73\n85 Retaining and impounding of instruments ..................................... 73\n86 Creation of memorandum for the purpose of assessment ............. 74\n87 Exemption from duty on conveyance of family farming\nproperty to family members, family companies or family trusts ..... 75\n88 Interpretation ................................................................................. 77\n88A Application of Division ................................................................... 81\n89 First home owner concession ........................................................ 82\n89AA First home owner discount............................................................. 85\n89AAB Territory home owner discount ...................................................... 88\n89AAC Entitlement if eligible for first home owner grant and Territory\nhome owner discount .................................................................... 93\n89A Senior, pensioner and carer concession ....................................... 93\n90 Principal place of residence rebate................................................ 96\n90AA Meaning of qualifying home on and after 13 May 2014 ................. 99\n90A Reassessments in relation to first home owner grant and\nsenior, pensioner and carer concession or principal place of\nresidence rebate .......................................................................... 100\n90AB Reassessments in relation to first home owner grant and\nTerritory home owner discount .................................................... 101\n90B No multiple concessions .............................................................. 102\n90C Interpretation ............................................................................... 102\n90D Exemption for conveyance of residential land ............................. 103\n\nStamp Duty Act 1978 v\nDivision 3 Property settlements on breakdown of\nrelationship\n91 Exemption from duty.................................................................... 106\n91A Vesting of dutiable property in statutory trust for sale or\npartition ........................................................................................ 106\n91B Conveyance of property from statutory trust for sale to\nbeneficial owner........................................................................... 107\n92 Managed investment scheme conveyance .................................. 107\nDivision 5 Electric motor vehicle\n92A Concession for duty on registration of electric motor vehicle ....... 109\n93 Authorised stamps ....................................................................... 109\n94 Forgery etc. of authorised stamp ................................................. 110\n95 Regulatory offences..................................................................... 110\n96 Admissibility of unstamped instruments....................................... 110\n97 Former transitional provisions...................................................... 111\n97A Transitional provision (rates of duty)............................................ 111\n97B Transitional provision (dutiable property) ..................................... 112\n98 Regulations.................................................................................. 112\nPart 7 Transitional matters for Revenue\nLegislation Amendment Act 2009\n99 Application ................................................................................... 112\nPart 8 Transitional matters for Revenue and\nOther Legislation Amendment Act 2010\n100 Definition...................................................................................... 113\n101 Arrangement for provision of finance ........................................... 113\n102 Increase in first home owner concession and principal place of\nresidence rebate and new senior, pensioner and carer\nconcession................................................................................... 114\n","sortOrder":0},{"sectionNumber":"103","sectionType":"section","heading":"Extension of period for occupancy for entitlement to first home","content":"103 Extension of period for occupancy for entitlement to first home\nowner concession and principal place of residence rebate ......... 114\n104 Acquisition of interest by transfer of shares ................................. 115\n\nStamp Duty Act 1978 vi\nPart 9 Transitional matters for Revenue\nLegislation Amendment Act 2011\n105 Occupancy requirements – Commissioner may reassess\nearlier conveyance ...................................................................... 115\nPart 10 Transitional matters for Revenue and\nOther Legislation Amendment Act 2012\n106 Changes to home incentive schemes under Part 5, Division 2 .... 116\nPart 11 Transitional matters for Revenue and\nOther Legislation Amendment Act 2015\n107 Definition...................................................................................... 117\n108 Application of section 4A ............................................................. 117\n109 Changes to the definition of senior, pensioner and carer\nconcession in section 88.............................................................. 118\n110 Changes to life insurance provisions ........................................... 118\nPart 12 Transitional matters for Stamp Duty\nAmendment (First Home Owner Discount)\nAct 2016\n111 First home owner discount........................................................... 119\nPart 13 Transitional matters for Stamp Duty\nAmendment Act 2016\n112 Change to first home owner discount .......................................... 119\n113 No multiple concessions .............................................................. 120\nPart 14 Transitional matters for Revenue\nLegislation Amendment Act 2018\n114 Changes to resource interest provisions ..................................... 120\nPart 15 Transitional matters for Revenue\nLegislation Amendment Act 2019\n115 Transitional matters for Revenue Legislation Amendment\nAct 2019 ...................................................................................... 121\nPart 16 Transitional matters for Stamp Duty\nAmendment Act 2023\n116 Changes to dutiable property....................................................... 121\n\nStamp Duty Act 1978 vii\n","sortOrder":1},{"sectionNumber":"Part 17","sectionType":"part","heading":"Transitional matters for Revenue","content":"Part 17 Transitional matters for Revenue\nLegislation Amendment Act 2025\n117 Application of amendments ......................................................... 122\n\n____________________\nAs in force at 1 July 2025\n____________________\nSTAMP DUTY ACT 1978\nAn Act relating to stamp duty\n1 Short title\nThis Act may be cited as the Stamp Duty Act 1978.\n2 Commencement\nThis Act shall come into operation on 1 July 1978.\n4 Interpretation\n(1) In this Act:\naccident insurance, see section 37A.\nagreement, in relation to a conveyance, includes:\n(a) a memorandum of agreement; and\n(b) an arrangement or understanding, whether wholly or partly in\nwriting or otherwise and whether or not between all the parties\nto the agreement, constituting or forming part of the\napproved means approved for the purposes of this Act by the\nassociate, see subsection (2).\nauthorised stamp means a stamp approved by the Commissioner\nfor use under this Act to denote the payment of duty (or that no duty\nis payable).\nbeneficiary includes an object of a discretionary trust.\nbrother/sister – a person is the brother or sister of another if they\nhave one or both parents in common.\n\nStamp Duty Act 1978 2\nbuilding contractor, for Part 5, Division 2A, see section 90C(1).\nbusiness undertaking includes all business undertakings whether\nor not carried on with a view to profit.\nchange in control, of a corporation – a change in control of a\ncorporation occurs when a person, or a group of associates,\nbecomes able to exercise, or to control (directly or indirectly) the\nexercise of, a majority of the votes exercisable at meetings of the\ndirectors or shareholders of the corporation.\nchange in control, of a trust includes the following:\n(a) if a person has a power to appoint and revoke the\nappointment of the trustee:\n(i) a change of, or a change in control of, the person who\nhas the power; or\n(ii) a variation in, or the transfer or some other disposition\nof, the power;\n(b) a change of trustee, a change in control of a corporate trustee,\nor the appointment of an additional trustee;\n(c) a change of, or a change in control of, a person in a position to\nmake or influence (directly or indirectly) a decision to vest, or\nto refrain from vesting, an interest in the trust property in a\nbeneficiary.\ncompany includes a body, society, association, authority or\ninstitution, whether corporate or unincorporate, but does not include\na partnership.\nconsideration, in relation to a conveyance, means the\nconsideration for the conveyance without any deduction or discount\nfor the amount of GST (if any) payable in relation to the supply of\nthe property conveyed.\nconvertible Crown lease means a lease granted by or in the name\nof the Territory under the terms of which the lessee has the right to\nsurrender the lease in exchange for the grant of an estate in fee\nsimple in the land or part of the land held under the lease.\nconveyance includes the following:\n(a) the grant of property, but not the grant of a lease other than a\nconvertible Crown lease;\n(b) the transfer or assignment of property;\n\nStamp Duty Act 1978 3\n(c) the vesting of property in, or the accrual of property to, a\nperson;\n(d) the foreclosure of a mortgagor's equity of redemption in\nmortgaged property;\n(e) a transaction that is taken to be, or treated as, a conveyance\nunder this Act;\n(f) an agreement to make a conveyance;\n(g) an instrument effecting or evidencing a conveyance (including\na decree, judgment or order of a court);\n(h) an instrument, agreement, transaction or arrangement that\nwould operate as a conveyance but for a statutory condition\nrequiring Ministerial approval or registration.\nconveyee means a person to whom property is granted,\ntransferred or assigned, in whom property is vested, or to whom\nproperty accrues under a conveyance.\ndeclaration of trust means a declaration (other than a declaration\nby will or testamentary instrument) that property vested, or to be\nvested, in the declarant is, or is to be, held in trust and includes\nsuch a declaration whether made unilaterally or by agreement and\nwhether made with or without the knowledge of the beneficiaries.\ndeveloped, for Part 5, Division 2A, see section 90C(2).\ndiscretionary trust means a trust under which:\n(a) the identity of a beneficiary, or the quantum of the interest in\ntrust property to be taken by a beneficiary, is to be determined\nby the trustee or some other person; or\n(b) an interest in trust property vests if a discretion conferred\nunder the terms of the trust is not exercised; or\n(c) an interest in trust property has vested but is liable, under the\nterms of the trust, to be divested on the exercise of a\ndiscretion by the trustee or some other person;\nand includes a trust classified by regulation as a discretionary trust\nbut does not include a trust solely for charitable purposes or a trust\nof a class excluded by regulation from the ambit of this definition.\ndutiable instrument means an instrument:\n(a) that is classified as a dutiable instrument in Schedule 1; or\n\nStamp Duty Act 1978 4\n(b) that is liable to duty under any other provision of this Act.\ndutiable property means:\n(a) land; and\n(h) an option to purchase dutiable property or an interest in\ndutiable property; and\n(j) chattels, if part of a transaction in which other dutiable\nproperty is conveyed, acquired or created or the beneficial\nownership is changed, other than:\n(i) goods, wares or merchandise that are stock-in-trade; or\n(ii) materials held for use in manufacture; or\n(iii) goods under manufacture; or\n(iv) livestock; or\n(v) any motor vehicle in respect of which a motor vehicle\ncertificate of registration is or will, in the opinion of the\nCommissioner, be issued to the conveyee; or\n(vi) cash or money in an account at call; or\n(vii) negotiable instruments, and money on deposit with any\nperson,\nand includes an estate or interest (which may be a partnership\ninterest) in dutiable property.\ndutiable transaction – a transaction is a dutiable transaction if:\n(a) a liability to ad valorem duty is imposed under this Act in\nrespect of the transaction; or\n(b) an instrument effecting, or evidencing, the transaction is liable\nto ad valorem duty under this Act; or\n(c) the transaction was not effected by an instrument but, if it had\nbeen, the instrument would have been liable to ad valorem\nduty under this Act; or\n(d) a statement or return is required under this Act in relation to\nthe transaction and the statement or return is liable to\nad valorem duty.\ndutiable value, see section 4AB.\n\nStamp Duty Act 1978 5\nduty means stamp duty.\nentity A, for a merger vesting of property, see section 4E(2).\nentity B, for a merger vesting of property, see section 4E(4).\nexecute, in relation to an instrument, means sign the instrument\nand, if the instrument is under seal, sign and seal the instrument,\nand, for the purposes of this Act, an instrument is first executed the\nfirst time that it is signed or, as the case may require, signed and\nsealed, by any party to it, but an agreement made by acceptance of\nan offer contained in an instrument is first executed when the offer\nis accepted in writing.\nexempt entity, see section 4F.\nexempt instrument or transaction means an instrument or\ntransaction that:\n(a) is exempt from duty under Schedule 2 or any other provision\nof this Act; or\n(b) is exempted from duty under the regulations.\nfamily means 2 or more persons connected with each other by\nfamily relationships.\nfamily company means a company of which all shareholders are\nmembers of the same family.\nfamily relationship means any of the following relationships:\n(a) the relationship between a person and the person's spouse;\n(b) the relationship between a person and the person's child or\nremoter lineal descendant;\n(c) the relationship between a person and the child or remoter\nlineal descendant of the person's spouse;\n(d) the relationship between a person and the person's brother or\nsister;\n(e) the relationship between a person and the child or remoter\nlineal descendant of a brother or sister;\n(f) the relationship between a person and the spouse of a person\nwith whom a relationship exists under paragraph (b), (c), (d)\nor (e).\n\nStamp Duty Act 1978 6\nfamily trust means a trust whose beneficiaries are, and may only\nbe, any of the following in relation to a particular family:\n(a) members of the family;\n(b) family companies of the family.\nfarm-in agreement means a written agreement under which a\nperson is entitled to acquire an interest in (but not full ownership of)\na resource interest by carrying out exploration work, or contributing\na proportionate part of the cost of exploration work to be carried\nout, on the area of that resource interest after the date of the\nfarming land means land, or an estate or interest in land, that is\nfarming property.\nfarming property means property used solely or principally for\nfarming purposes and includes an estate or interest in such\nfarming purposes means:\n(a) the business of primary production; or\n(b) a purpose classified by regulation as a farming purpose.\nfinancial market has the same meaning as in section 767A of the\nCorporations Act 2001.\ngoods includes all chattels personal other than money or things in\naction.\nGovernment Business Division has the same meaning as in the\nFinancial Management Act 1995.\nGST has the same meaning as in the A New Tax System (Goods\nand Services Tax) Act 1999 of the Commonwealth.\ninstrument includes any document.\ninsurance means an undertaking of liability to make good, or\nindemnify against, loss or damage (including liability to pay\ndamages or compensation), or insuring the payment of money,\ncontingent upon the happening of a specified event, and includes:\n(a) the accepting of a premium in consideration of the granting,\nissuing or renewal of a policy of insurance; and\n\nStamp Duty Act 1978 7\n(b) the granting of a cover note or receiving of a letter or\ndeclaration of interest attaching to a policy of insurance; and\n(c) the carrying out, by means of insurance effected outside the\nTerritory, of a contract or undertaking in the Territory to effect\nthat insurance; and\n(ca) a life insurance rider;\nbut does not include:\n(d) re-insurance effected with another insurer; or\n(e) the insurance of the hull of a floating vessel that is being used\nprimarily for commercial purposes; or\n(f) the insurance of goods or merchandise or the freight of goods\nor merchandise, carried by sea, land or air.\ninsurer means a person that grants, issues or renews, or intends to\ngrant, issue or renew, a policy of insurance in respect of which duty\nis imposed.\ninterest in property includes the potential beneficial interest of an\nobject of a discretionary trust.\ninterposed trust, for Part 3, Division 8A, see section 56C(1).\nland means land in the Territory and includes:\n(a) an estate or interest in land; and\n(b) a lease of land or an interest in a lease of land; and\n(ba) a resource interest or an interest in a resource interest; and\n(c) a fixture to land (including a tenant's fixture or a fixture\nassociated with operations conducted, or formerly conducted,\non the land in relation to a resource interest).\nland-holding corporation means a land-holding corporation as\ndefined for Part 3, Division 8A and includes a unit trust scheme that\nis treated as a land-holding corporation for the purposes of that\nDivision.\nlease includes:\n(a) a lease granted under an Act; and\n(b) a sublease; and\n\nStamp Duty Act 1978 8\n(c) an agreement for a lease or sublease.\nlegislation includes subordinate legislation and an instrument\nmade under principal or subordinate legislation.\nlife insurance, see section 37A.\nlife insurance rider, see section 37A.\nlife insurer means a company carrying on the business of, or in\nrelation to, the issuing of, or the undertaking of liability under, life\npolicies and includes a person who receives or takes credit for a\npremium or consideration for any life insurance.\nlife policy means a policy effecting life insurance.\nlisted corporation, for Part 3, Division 8A, see section 56C(1).\nlisted unit trust scheme, for Part 3, Division 8A, see\nsection 56C(1).\nmajority shareholder, of a corporation, means a person who has a\nsubstantial holding (as defined in section 9 of the Corporations\nAct 2001) related to voting shares carrying 50% or more of the\nvotes attached to voting shares in the corporation.\nmarketable security means a marketable security not quoted on a\nrecognised financial market and includes:\n(a) a share in the capital of a company that is not quoted on a\nrecognised financial market; and\n(b) a right (whether existing or future and whether contingent or\nnot) of a person to have issued or transferred to the person a\nshare of a kind referred to in paragraph (a), whether on\npayment of money or other consideration or not; and\n(c) any right or interest (whether described as a unit, sub-unit or\notherwise) of a beneficiary under a unit trust scheme that is\nnot quoted on a recognised financial market.\nmerger vesting, of property, see section 4E.\nmerging entities, for a merger vesting of property, see\nsection 4E(2) or (3).\nmerging entity or entities, for a merger vesting of property, see\nsection 4E(4).\n\nStamp Duty Act 1978 9\nmining tenement means a statutory licence, lease or authorisation\nto explore for, recover or exploit a resource, other than petroleum,\nfound in or under the surface of the earth and includes a mineral\ntitle under the Mineral Titles Act 2010.\nNote for definition mining tenement\nA resource found under the surface of the earth includes a mineral or a\ngeothermal resource.\nmotor vehicle certificate of registration means a certificate of\nregistration issued on the registration or the transfer of the\nregistration of a motor vehicle under the Motor Vehicles Act 1949.\nnew home, for Part 5, Division 2A, see section 90C(1).\nobject, of a discretionary trust, means a person in whom an interest\nin the trust property might vest, or might be vested, under the terms\nof the trust.\npartnership acquisition, see section 27(2).\npartnership interest means a partnership interest as defined in\nPart 3, Division 3.\npetroleum interest means a lease, licence, permit, interest or\nother authority issued or granted in the Territory under any of the\n(a) the Petroleum Act 1984;\n(b) the Energy Pipelines Act 1981;\n(c) the Petroleum (Submerged Lands) Act 1981;\n(d) any other Act respecting:\n(i) the conveyance of petroleum by pipeline or the\nconstruction or operation of a pipeline to convey\npetroleum; or\n(ii) the exploration for, or the recovery or exploitation of,\npetroleum.\n\nStamp Duty Act 1978 10\npremium, in relation to insurance, means the gross amount\ncharged or payable in respect of the insurance (which amount does\nnot include any stamp duty paid or payable under this Act):\n(a) without deduction for an amount paid or payable or allowed or\nallowable by way of discount or commission to an agent or\nother person for securing or arranging that insurance for or on\nbehalf of the insurer; and\n(b) without any deduction or discount for the amount of GST (if\nany) payable in relation to the supply of the insurance,\nand includes an instalment of a premium.\nprimary production means:\n(a) the growing or cultivation of trees, crops or other vegetation\n(including fungi) for sale or for sale of their produce; or\n(b) the breeding, rearing or maintenance of living creatures for\nsale as food or for the production of skins, shells or bodily\nproduce for sale.\nproperty includes an estate or interest in property.\nrecognised financial market means a financial market that is a\nmember of the World Federation of Exchanges or is declared by\nregulation to be a recognised financial market.\nRegistrar means the Registrar within the meaning of the Motor\nVehicles Act 1949.\nrelated – a corporation is related to another corporation if they are\nrelated corporations under section 50 of the Corporations Act 2001.\nrelevant acquisition has the meaning in section 56P.\nrelevant entity, for a merger vesting of property, see section 4E(5).\nrent includes any amount of GST payable in relation to the supply\nof the property for which rent is paid or payable.\nresource interest means a mining tenement or a petroleum\nresponsible party, to a dutiable instrument or dutiable transaction,\nmeans the party responsible for the payment of duty on the\ninstrument or transaction and includes, where a dutiable transaction\nis not effected by a dutiable instrument, a person who would have\nbeen liable to pay duty on a dutiable instrument if such an\n\nStamp Duty Act 1978 11\ninstrument had existed.\nspouse includes de facto partner.\nstamp duty means duty imposed under this Act or the former\nStamp Duty Act 1978.\nstatutory vesting means the vesting of property by or under\nlegislation of the Commonwealth, a State or Territory of the\nCommonwealth or a jurisdiction outside Australia.\nsupply has the same meaning as in the A New Tax System (Goods\nand Services Tax) Act 1999 of the Commonwealth.\ntax avoidance scheme has the meaning in section 4B.\ntrust property includes both capital and income of a trust.\ntrustee includes the following:\n(a) a person constituted a trustee under an implied or constructive\ntrust;\n(b) an executor of the will, or an administrator of the estate, of a\ndeceased person;\n(c) a receiver, guardian, committee or manager of the property of\na person under a legal or other disability;\n(d) a receiver or manager of the property of a company or a\nliquidator of a company for the purpose of its winding-up.\nunencumbered value of property, see section 4A.\nunit trust scheme means any arrangements made for the purpose,\nor having the effect, of providing, for persons having funds available\nfor investment, facilities for the participation by them, as\nbeneficiaries under a trust, in any profits or income arising from the\nacquisition, holding, management or disposal of any property\nwhatsoever pursuant to that trust.\nunlisted unit trust scheme, for Part 3, Division 8A, see\nsection 56C(1).\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) A person is an associate of another if:\n(a) they are members of the same family; or\n\nStamp Duty Act 1978 12\n(b) they are related corporations; or\n(c) one is a corporation and the other is a director of, or a\nshareholder in, the corporation; or\n(d) they are both trustees of the same trust, or of different trusts\nwith a common beneficiary, or one is a trustee and the other is\na beneficiary of the same trust; or\n(e) a chain of relationships can be traced between them under\none or more of the above paragraphs.\n(3) Legislation is taken to provide for the statutory vesting of property if\nit makes a person or body the successor in title to property of\nanother person or body.\n(4) An instrument is duly stamped if the payment of duty on the\ninstrument or the non-liability of the instrument to duty is indicated\nby:\n(a) an authorised stamp on the instrument; or\n(b) an endorsement made on the instrument in a manner and\nform approved by the Commissioner.\n(5) Despite subsection (4), a policy of insurance is duly stamped when:\n(a) the duty imposed in relation to the policy has been paid; or\n(b) the policy is exempt from, or otherwise not liable for duty,\nunder this Act or another law in force in the Territory.\n","sortOrder":2},{"sectionNumber":"4A","sectionType":"section","heading":"Unencumbered value","content":"4A Unencumbered value\n(1) The unencumbered value of property is the full value of the property\nfree from encumbrances (including any GST payable on the supply\nof the property).\n(2) The unencumbered value of land is to be determined with regard to:\n(a) the use of the land that would best enhance its commercial\nvalue; and\n(b) commercial advantages (such as goodwill) that:\n(i) attach to the location or other aspects of the land; and\n(ii) would affect the price that a reasonable purchaser would\nbe willing to pay for the land; and\n\nStamp Duty Act 1978 13\n(c) information about the land that would, if known to a\nreasonable purchaser, affect the price the purchaser would be\nwilling to pay for the land.\nExamples\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"The value that accrues to premises because they have been licensed or","content":"1 The value that accrues to premises because they have been licensed or\napproved for a particular commercial purpose would be taken into account\nunder paragraph (b) in valuing the premises.\n","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Information about the results achieved from exploratory or other operations in","content":"2 Information about the results achieved from exploratory or other operations in\nthe area of a resource interest would be taken into account under\nparagraph (c) in valuing the resource interest.\n(3) Information relevant to the value of property will, for the purposes of\nvaluation, be regarded as an attribute of the property and not as a\nseparate form of property to which an independent value can be\nattributed.\n(4) An encumbrance includes:\n(a) a mortgage or charge; or\n(b) a debt or liability that might give rise to a right of recourse\nagainst the property; or\n(c) any agreement or arrangement (including a lease) that has the\neffect of reducing the value of the property unless the\nCommissioner is satisfied that the agreement or arrangement\nwas not created or entered into for a purpose (collateral or\notherwise) of reducing the value of the property;\nbut does not include an easement or restrictive covenant unless the\nCommissioner is of the opinion that it was created or entered into\nfor a purpose (collateral or otherwise) of reducing the value of the\n(4A) For the purpose of determining whether an agreement or\narrangement was created or entered into for a purpose (collateral or\notherwise) of reducing the value of the property, the Commissioner\nmay have regard to the following:\n(a) the length of time between the agreement or arrangement\nbeing made and the conveyance;\n(b) whether the parties to the agreement or arrangement are or\nhave been associates;\n(c) whether the parties to the agreement or arrangement are or\nhave been dealing with each other at arm's length;\n\nStamp Duty Act 1978 14\n(d) whether there is any commercial efficacy to the making of the\nagreement or arrangement other than to reduce the value of\nthe property;\n(e) whether the agreement or arrangement is in favour of the\nconveyee or an associate of the conveyee;\n(f) any other matters the Commissioner considers relevant.\n(5) For the purpose of assessing duty on a particular conveyance the\nCommissioner may, if satisfied that improvements on land subject\nto the conveyance have been built by, or at the expense of, the\nconveyee, reduce the unencumbered value of the land by an\namount that reflects, in the Commissioner's opinion, the value of the\nimprovements at the date of the conveyance.\n4AB Dutiable value\n(1) The dutiable value of dutiable property is:\n(a) if consideration is, or is to be, given for the property – the\namount or value of the consideration or the unencumbered\nvalue of the property (whichever is the greater); or\n(b) if no consideration is given for the property – the\nunencumbered value of the property.\n(2) If the amount of consideration is dependent on future\ncontingencies, the dutiable value of the property will be assessed\non the assumption that the contingencies will operate so as to\nmaximise the consideration to be given for the property.\n(3) However, if it is later shown, on an application for reassessment of\nduty, that the consideration actually given is less than the assumed\nconsideration, and there is no further scope for contingent increase,\nthe Commissioner may reassess the dutiable value of the property\ntaking into account the amount or value of the consideration\nactually given.\n(4) If:\n(a) dutiable property consists of an interest in an exploration\nmineral title or a petroleum interest relating to exploration; and\n(b) the conveyance of the interest arises out of the operation of a\nfarm-in agreement; and\n\nStamp Duty Act 1978 15\n(c) the exploration work, or the contribution to the cost of\nexploration work, in respect of which the right to the interest\narises under the farm-in agreement has actually been carried\nout or made;\nthen, for the purpose of assessing the dutiable value of the interest,\nits unencumbered value will be determined as at the date of the\nfarm-in agreement and the consideration will be taken to be the\namount by which the consideration given for the interest exceeds\nthe reasonable cost of the exploration work or (where the\nconsideration consists of a contribution to the cost of exploration\nwork) the relevant proportion of that reasonable cost.\nexploration mineral title means one of the following mineral titles\nunder the Mineral Titles Act 2010:\n(a) a mineral exploration licence;\n(b) a mineral exploration licence in retention;\n(c) an extractive mineral exploration licence.\n4AC Valuing certain interests in property\n(1) If property is held in common by 2 or more persons, the value of the\ninterest of an owner in the property is assessed by multiplying the\ntotal value of the property by a fraction representing the owner's\nproportionate share of ownership.\n(2) The interest of a joint owner of property is valued as if both or all\njoint owners were tenants in common in equal shares.\n(3) This section is applicable both to unencumbered and dutiable\nvalue.\n","sortOrder":5},{"sectionNumber":"4B","sectionType":"section","heading":"Tax avoidance schemes","content":"4B Tax avoidance schemes\n(1) In this section:\nscheme includes:\n(a) an agreement, arrangement or undertaking:\n(i) in whatever form; and\n(ii) wherever entered into, made or given; and\n(iii) whether unilateral, bilateral or multilateral; and\n\nStamp Duty Act 1978 16\n(iv) whether enforceable or not; and\n(b) an act done or omitted to be done, or a course of conduct\ncarried out or not or engaged in or not, by any person\nwhomever in any place wherever.\n(2) A tax avoidance scheme is a scheme of which a purpose (collateral\nor otherwise) is, in the Commissioner's opinion:\n(a) to avoid or reduce the duty that would be payable, apart from\nthe scheme, under this Act; or\n(b) to obtain the benefit of an exemption or concession from duty\nthat would not be available apart from the scheme.\n(3) In considering whether a scheme is a tax avoidance scheme, the\nCommissioner may have regard to any matter whatever that the\nCommissioner thinks is relevant.\n","sortOrder":6},{"sectionNumber":"4D","sectionType":"section","heading":"Surrender of property amounts to conveyance in certain","content":"4D Surrender of property amounts to conveyance in certain\ncircumstances\n(1) A person surrenders property:\n(a) if the person relinquishes, renounces or abandons the\n(b) if the person owns the property and it is cancelled, abrogated,\nforfeited or extinguished.\n(2) A surrender of property is a conveyance of the property if:\n(a) the surrender results in an accretion to the interest of\nsomeone (the conveyee) in property to which the surrender\nrelates; or\nThe surrender of a reversionary interest, or an interest in remainder.\n(b) the surrender removes a restriction on the right that someone\n(the conveyee) has to use the property to which the surrender\nrelates; or\nThe surrender of a lease over property.\n\nStamp Duty Act 1978 17\n( c) the surrender enables someone (the conveyee) to convey the\nproperty or substantially similar property to a third person.\nThe surrender of an easement.\n","sortOrder":7},{"sectionNumber":"4E","sectionType":"section","heading":"Merger vesting of property","content":"4E Merger vesting of property\n(1) This section prescribes circumstances in which there is a merger\nvesting of property.\n(2) A merger of 2 or more relevant entities (the merging entities) in\ncircumstances where another relevant entity (entity A) results as a\nconsequence of the merger is taken to be a merger vesting of all of\nthe property of the merging entities in entity A.\n(3) A merger of 2 or more relevant entities (the merging entities) with\nand into each other in circumstances where each of the merging\nentities continues in existence is taken to be a merger vesting in the\nmerging entities, jointly, of 50% (in value) of all of the property of\nthe merging entities.\n(4) The merger of 1 or more relevant entities (the merging entity or\nentities) with and into another entity (entity B) in any other\ncircumstances is taken to be a merger vesting of all of the property\nof the merging entity or entities in entity B.\nrelevant entity means a company or unit trust scheme.\n","sortOrder":8},{"sectionNumber":"4F","sectionType":"section","heading":"Exempt entities","content":"4F Exempt entities\nAn exempt entity is:\n(a) a public hospital; or\n(b) a public benevolent institution; or\n(c) a religious institution; or\n(d) a public education institution; or\n(e) a council, society, organisation or other body established or\ncarried on exclusively or principally for the promotion of the\ninterests of a school (other than a school carried on for profit);\nor\n\nStamp Duty Act 1978 18\n(f) a non-profit organisation having as its sole or dominant\npurpose a charitable, benevolent, philanthropic or patriotic\npurpose.\n","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Stamp duty","content":"Part 2 Stamp duty\n","sortOrder":10},{"sectionNumber":"5","sectionType":"section","heading":"Imposition of duty","content":"5 Imposition of duty\n(1) Stamp duty is imposed, in accordance with this Act:\n(a) on dutiable instruments; and\n(b) in respect of dutiable transactions.\n(2) However, duty is not imposed on, or in respect of, an exempt\ninstrument or transaction.\n","sortOrder":11},{"sectionNumber":"6","sectionType":"section","heading":"Rate of duty","content":"6 Rate of duty\nThe rate of duty is the rate specified in Schedule 1 for an instrument\nor transaction of the relevant class.\n","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Time for lodgement of instrument etc.","content":"9 Time for lodgement of instrument etc.\n(1) Subject to this Act, a dutiable instrument must be lodged with the\nCommissioner for the assessment of duty:\n(a) within 60 days after it is first executed; or\n(b) if it becomes legally effective without execution – within\n60 days after it becomes legally effective.\n(2) The obligation imposed by subsection (1) applies:\n(a) whether the instrument is first executed within or outside the\nTerritory; and\n(b) whether the instrument is within or outside the Territory.\n(3) However, the obligation to lodge a dutiable instrument for the\nassessment of duty does not extend to:\n(a) a motor vehicle certificate of registration; or\n\nStamp Duty Act 1978 19\n(b) a policy of insurance; or\n(c) an instrument that is exempt from duty under any of the\nfollowing provisions of Schedule 2:\n(i) items 9 to 13;\n(ii) item 15.\n(3A) In addition, the obligation to lodge and pay duty on a dutiable\ninstrument does not apply to a conveyance (other than a\nconveyance to which Division 8AB applies) or grant of a lease that\ndoes not proceed unless a subsequent sale or other disposition of\nthe dutiable property the subject of the transaction (the relevant\ntransaction):\n(a) is a sub-sale or transaction having the effect of a sub-sale,\neven if the subsequent conveyance is executed by the person\nwho was the vendor in the relevant transaction; or\n(b) is the result of a conveyance by direction, whether in writing or\nnot, initiated by the conveyee in the relevant transaction.\n(4) If the instrument is a statement or return it must be lodged on or\nbefore the last day allowed for its lodgement.\n(5) Duty on an instrument, or to be assessed by reference to an\ninstrument, must be paid on or before the last day allowed for\nlodgement of the instrument unless a later date is fixed in a notice\nof assessment of duty.\n(6) A person who is liable to duty on an instrument, or to be assessed\nby reference to an instrument, must ensure that:\n(a) the instrument is lodged with the Commissioner for the\nassessment of duty on or before the last day allowed for its\nlodgement; and\n(b) the duty is paid on or before the last day allowed for payment.\n(7) If this Act does not make a particular party to a dutiable transaction\nliable for payment of duty on the transaction, or an instrument\nrelated to the transaction, then all parties are jointly and severally\nliable for the payment of duty.\n\nStamp Duty Act 1978 20\n","sortOrder":13},{"sectionNumber":"9A","sectionType":"section","heading":"Unstamped instruments not to be registered","content":"9A Unstamped instruments not to be registered\nA person must not register, enrol or enter a dutiable instrument in\nan official register or record unless it is duly stamped.\n","sortOrder":14},{"sectionNumber":"9B","sectionType":"section","heading":"Liability to duty in respect of instruments outside Territory","content":"9B Liability to duty in respect of instruments outside Territory\nWhere an instrument that relates to property in the Territory or to a\nmatter or thing done or to be done in the Territory is executed and\nheld outside the Territory, this Act shall extend and apply to and in\nrelation to the instrument, notwithstanding that the instrument is not\nin the Territory, in all respects as if the instrument were executed in\nthe Territory.\n","sortOrder":15},{"sectionNumber":"9C","sectionType":"section","heading":"Copies of instruments","content":"9C Copies of instruments\n(1) In this section copy, in relation to an original instrument, includes:\n(a) a duplicate, facsimile, photocopy or counterpart of the original\ninstrument; and\n(b) an instrument that acknowledges, evidences or records the\nexistence or terms of the original instrument; and\n(c) an instrument that acknowledges, evidences or records the\ntransaction or a part of the transaction to which the original\ninstrument relates or related.\n(2) Where an original instrument has not been duly stamped or has\nbeen destroyed without being duly stamped, or otherwise cannot be\nproduced for stamping, a copy of the original instrument shall, for\nthe purposes of this Act, be chargeable with duty (including any\napplicable interest and penalty tax), as if it were the original\ninstrument and be deemed to have been executed by the person or\npersons who executed the original instrument at the same time as\nthe original instrument was executed.\n(3) Where a copy of an original instrument is duly stamped under this\nAct, the Commissioner shall, on application and production of the\ncopy, stamp any further copy of the original instrument with a\nparticular stamp denoting that it is duly stamped.\n","sortOrder":16},{"sectionNumber":"9D","sectionType":"section","heading":"Instruments not fully executed may be lodged for assessment","content":"9D Instruments not fully executed may be lodged for assessment\nSubject to this Act, where an instrument is required by this Act to be\nlodged with the Commissioner for assessment, the instrument may\nbe lodged and the duty assessed notwithstanding that the\ninstrument is not executed by all necessary parties to it and, if it is\n\nStamp Duty Act 1978 21\nlodged, the date of execution shall be taken to be, for all purposes,\nthe date of first execution of the instrument.\n","sortOrder":17},{"sectionNumber":"10","sectionType":"section","heading":"Duty on statutory corporations and Government Business","content":"10 Duty on statutory corporations and Government Business\nDivisions\nAn instrument to which a statutory corporation or a Government\nBusiness Division is a party is not exempt from stamp duty unless\nthe instrument is of a class exempted by or under this Act from\nduty.\n","sortOrder":18},{"sectionNumber":"11","sectionType":"section","heading":"Denotation of payment of duty","content":"11 Denotation of payment of duty\n(1) The payment of duty is denoted by authorised stamp or in some\nother way approved by the Commissioner.\n(2) If the tax officer responsible for stamping a document indicates the\namount of duty paid in handwriting placed on or near an authorised\nstamp, the handwriting is taken to form part of the authorised\nstamp.\n","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Single instrument relating to multiple transactions","content":"15 Single instrument relating to multiple transactions\nIf a single instrument relates to 2 or more distinct transactions in\nrespect of which duty is payable, the instrument is separately liable\nto duty in respect of each of those transactions.\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Multiple instruments relating to a single transaction","content":"16 Multiple instruments relating to a single transaction\n(1) If 2 or more instruments together relate to the same transaction,\nand both or all instruments are required to give effect to the\ntransaction, the instruments must be treated as a single instrument\nexecuted at the time when the instruments became legally effective.\nIf a conveyance consists of a written offer followed by a written acceptance, both\ninstruments would be treated as a single instrument of conveyance taking effect\non the date of the acceptance.\n(2) If one such instrument is duly stamped with the duty applicable to\nthe transaction as a whole, another instrument relating to the same\ntransaction and referring to the duly stamped instrument, will also\nbe regarded as duly stamped.\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Stamping of counterparts or copies","content":"17 Stamping of counterparts or copies\nThe Commissioner must, if satisfied that an instrument is a\ncounterpart or copy of an instrument that has been duly stamped,\nstamp the counterpart or copy with a stamp indicating that the\noriginal has been duly stamped.\n\nStamp Duty Act 1978 22\n","sortOrder":22},{"sectionNumber":"17A","sectionType":"section","heading":"Stamp duty on related instruments","content":"17A Stamp duty on related instruments\n(1) A conveyance to give effect to an agreement to convey dutiable\nproperty is to be stamped without payment (or further payment) of\nad valorem duty if:\n(a) the agreement is duly stamped as a conveyance; and\n(b) the conveyance is subsequent to, and in conformity with, the\nagreement; and\n(c) no further dutiable transaction affecting the dutiable property\nhas occurred between the date of the agreement and the date\nof the conveyance.\n(2) However:\n(a) the conveyee must be the person, identified in the agreement,\nto whom the dutiable property was agreed to be conveyed; or\n(b) the Commissioner must be satisfied that the person so\nidentified entered into the agreement as agent for the\nconveyee; or\n(c) the Commissioner must be satisfied that the person so\nidentified entered into the agreement on behalf of:\n(i) a corporation that was, as at the date of the agreement,\nyet to be incorporated or acquired by the person so\nidentified; or\n(ii) a trust that was, at the date of the agreement, yet to be\nestablished by the person so identified;\nand that the conveyee is the corporation or the trustee of the trust.\n(2A) In addition, a transfer of dutiable property is to be stamped without\npayment (or further payment) of ad valorem duty if:\n(a) an agreement for the conveyance of the property is duly\nstamped; and\n(b) the purchaser under the agreement and transferee under the\ntransfer:\n(i) are related under subsection (2B) when the agreement\nis made and when it is completed or settled; and\n\nStamp Duty Act 1978 23\n(ii) except for the trustee of a family trust mentioned in\nsubsection (2B)(c), will not hold the property as trustee;\nand\n(c) no valuable consideration is given by the transferee to the\npurchaser; and\n(d) the transfer occurs at the same time as, or proximately with,\nthe completion or settlement of the agreement.\n(2B) The purchaser and transferee are related if:\n(a) they are in a family relationship; or\n(b) one of them is an individual who is a shareholder of a family\ncompany and the other is the family company; or\n(c) one of them is a beneficiary in a family trust and the other is a\ntrustee of the family trust; or\n(d) they are related corporations.\n(3) In this section, a reference to a conveyance extends to a lease that\nis liable to ad valorem duty.\n","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Interpretation","content":"18 Interpretation\ncorporate group means a group of corporations that are related\nbecause each corporation in the group is the parent corporation or\na subsidiary of another corporation in the group.\ndormant, in relation to a corporation, means the corporation has\nnot, during a specified period:\n(a) had any assets or liabilities other than share capital for\nsubscriber shares or shares issued to replace subscriber\nshares of the same value on their redemption; or\n(b) been party to an agreement or a beneficiary or trustee of a\ntrust; or\n(c) issued or sold any shares or rights relating to shares other\nthan subscriber shares, rights relating to subscriber shares or\nshares issued to replace subscriber shares of the same value\non their redemption.\n\nStamp Duty Act 1978 24\ngroup corporation means a corporation that is a member of a\ncorporate group (whether because it is the parent corporation or\nsubsidiary of another member of the group).\nparent corporation means a corporation that owns at least 90% of\nthe shares issued in, and has the voting control over, one or more\nother corporations, other than in the capacity of a trustee.\nsubsidiary means a corporation under the control of another\ncorporation because at least 90% of its shares are owned, and\nvoting control over it is held, by:\n(a) another corporation; or\n(b) another corporation and one or more of its subsidiaries; or\n(c) one or more corporations that are subsidiaries of the same\ncorporation,\nother than in the capacity of a trustee.\n(2) For the purposes of this Division, a corporation has voting control\nover another corporation when it is in a position to cast, or control\nthe casting of, 90% or more of the maximum votes that can be cast\nat a general meeting of the other corporation other than under a\ndebenture or trust deed securing the issue of a debenture.\n","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Exemption: interposing new corporation between existing","content":"19 Exemption: interposing new corporation between existing\ncorporation and its shareholders\n(1) A conveyance of shares in a corporation (the target corporation)\nis not dutiable as the acquisition of a relevant interest in a land-\nholding corporation if:\n(a) the target corporation becomes, as a result of the conveyance,\nthe subsidiary of another corporation (the interposed\ncorporation); and\n(b) this section applies to the conveyance.\n(2) Subject to subsection (3), this section applies to a conveyance of\nshares if, and only if:\n(a) the interposed corporation is a corporation with limited liability;\nand\n(b) the interposed corporation was dormant from its registration\nuntil the resolution to acquire the shares in the target\ncorporation; and\n\nStamp Duty Act 1978 25\n(c) the interposed corporation acquires at least 90% of the issued\nshares in, and the voting control over, the target corporation\nas a result of the conveyance; and\n(d) at least 90% of the consideration for the conveyance of the\nshares in the target corporation consists of shares in the\ninterposed corporation that are issued to the shareholders of\nthe target corporation; and\n(e) the value of the consideration for the acquisition of the shares\nconveyed from each shareholder in the target corporation is\nequal to the value of the shares held by the shareholder\nimmediately before the shares were conveyed; and\n(f) immediately after the conveyance of the shares in the target\ncorporation at least 90% of the shares in the interposed\ncorporation consisted of the shares issued to the shareholders\nof the target corporation as consideration for the acquisition of\ntheir shares; and\n(g) if, because of the conveyance of shares, the interposed\ncorporation becomes the parent corporation of more than one\nsubsidiary – the same shareholders owned at least 90% of the\nissued shares in, and had voting control over, each of the\ntarget corporations before the conveyance took effect.\n(3) However, this section does not apply to a conveyance of shares if:\n(a) the conveyance is a tax avoidance scheme, or part of a tax\navoidance scheme; or\n(b) the Commissioner is of the opinion that the conveyance is a\nscheme, or part of a scheme, of which a purpose (collateral or\notherwise) is to frustrate the recovery of duty, tax or royalty\nthat is payable to the Territory.\n","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Exemption: conveyances and transfers between group","content":"20 Exemption: conveyances and transfers between group\ncorporations\n(1) Subject to subsections (2) and (4):\n(a) duty is not payable on a conveyance of dutiable property, or a\ntransfer of a motor vehicle certificate of registration, from\none group corporation to another group corporation; and\n(b) duty mentioned in Division 8A is not payable in respect of a\nrelevant acquisition if, and to the extent that, the relevant\nacquisition is the result of a conveyance of marketable\nsecurities from one group corporation to another group\ncorporation.\n\nStamp Duty Act 1978 26\n(2) Subsection (1) does not apply unless:\n(a) the conveyor or transferor did not hold, and the conveyee or\ntransferee will not hold, the property as trustee; and\n(b) the conveyor and conveyee, or the transferor and transferee,\nof the property are group corporations in the same corporate\ngroup; and\n(c) the conveyance or transfer has not been made pursuant to an\narrangement under which:\n(i) part or all of the consideration for the conveyance or\ntransfer has or is to be provided or received, directly or\nindirectly, by a person who is not a group corporation in\nthe same corporate group; or\n(ii) a group corporation in the same corporate group may\nprovide any of the consideration for the conveyance or\ntransfer other than in a manner specified in\nsubsection (3); or\n(iii) a group corporation is required to dispose of any of the\nconsideration through a payment or other disposition to:\n(A) a person other than a group corporation in the\nsame corporate group; or\n(B) a person other than by way of loan on ordinary\ncommercial terms; and\n(d) the property conveyed or transferred is, at the time of the\nconveyance or transfer, group property within the meaning of\nsection 21.\n(3) For the purposes of subsection (2)(c)(ii), consideration for the\nconveyance or transfer may be provided:\n(a) by a financial institution by way of loan on ordinary commercial\nterms; or\n(b) by a group corporation in the same corporate group; or\n(c) under an offer and sale of shares to the public in the\ncircumstances specified in section 23(4)(b).\n(4) Subsection (1) does not apply if:\n(a) the conveyance or transfer is a tax avoidance scheme, or part\nof a tax avoidance scheme; or\n\nStamp Duty Act 1978 27\n(b) the Commissioner is of the opinion that the conveyance or\ntransfer is a scheme, or part of a scheme, of which a purpose\n(collateral or otherwise) is to frustrate the recovery of duty, tax\nor royalty that is payable to the Territory.\n","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Meaning of group property in section 20","content":"21 Meaning of group property in section 20\nFor the purposes of section 20, property that is conveyed or\ntransferred is group property if:\n(a) the conveyor and conveyee, or the transferor and transferee,\nwere group corporations in the same corporate group before,\nand at all times since, the property was first wholly owned by a\ngroup corporation in the same corporate group (which may\nhave been the conveyor or transferor or another group\ncorporation); or\n(b) the conveyor and conveyee or the transferor and transferee:\n(i) were group corporations in the same corporate group\nbefore the property came into the ownership of the\nconveyor or transferor or another group corporation in\nthe same corporate group by way of a transaction for\nwhich duty, or an equivalent duty under a law of a State\nor another Territory of the Commonwealth that\ncorresponds with this Act, has been paid; and\n(ii) have been group corporations in the same corporate\ngroup at all times since the property has been\ncontinuously owned by the conveyor or transferor or the\nother group corporation; or\n(c) the conveyor and conveyee or transferor and transferee are\ninterposed corporation and target corporation (within the\nmeaning of section 19); or\n(d) the conveyee or transferee is the parent corporation of the\nconveyor or transferor and duty under Division 8A has been\npaid for by the conveyee or transferee acquiring its shares in\nthe conveyor or transferor; or\n(e) the conveyor and conveyee, or the transferor and transferee,\nhave been group corporations in the same corporate group for\nat least 3 years; or\n\nStamp Duty Act 1978 28\n(f) the conveyance or transfer is between 2 corporations of which\none is the parent corporation and the other its subsidiary and\nboth of the following conditions apply:\n(i) that the corporation that is the parent corporation\nbecame the parent corporation of the subsidiary either:\n(A) on the subsidiary's registration; or\n(B) after the subsidiary's registration and, if so, the\nsubsidiary has been dormant since that\nregistration;\n(ii) that the parent corporation has remained the parent\ncorporation of the subsidiary since the subsidiary's\nregistration or becoming the parent corporation of the\nsubsidiary until the conveyance or transfer of the\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Reassessment of duty","content":"23 Reassessment of duty\n(a) duty has been assessed on a conveyance, transfer or relevant\nacquisition on the basis that it is exempt from duty under\nsection 19 or 20; and\n(b) within 3 years after the conveyance, transfer or relevant\nacquisition:\n(i) the conveyor or conveyee, or the transferor or\ntransferee, ceases to be in the same corporate group; or\n(ii) part or all of the consideration for the property conveyed\nor transferred, or for the relevant acquisition, is provided\nor received other than in accordance with section 20,\nthe Commissioner must make a reassessment of the duty payable\non the conveyance, transfer or relevant acquisition as if the\nexemption from duty under section 19 or 20 had never applied to\nthe conveyance, transfer or relevant acquisition.\n(2) The Commissioner must make a reassessment under\nsubsection (1) even if:\n(a) the limitation period for making reassessments of tax under\nthe Taxation Administration Act 2007 has expired; or\n\nStamp Duty Act 1978 29\n(b) he or she has made a ruling under section 25 that the\nexemption from duty under section 19 or 20 applies to the\nconveyance, transfer or relevant acquisition.\n(3) If the Commissioner makes a reassessment under subsection (1),\nall corporations that belonged to the relevant corporate group at the\ntime the property was conveyed or transferred, or the relevant\nacquisition was made, are jointly and severally liable to pay the\nreassessed duty (including interest and penalty tax).\n(4) This section does not apply:\n(a) if the conveyor or conveyee, or transferor or transferee,\nceases to exist (other than under an arrangement, a\nsignificant purpose of which is to avoid the requirement that\nthe conveyor or conveyee, or the transferor or transferee,\nbelong to the same corporate group for the 3 year period\nreferred to in subsection (1)(b));\n(b) if:\n(i) the conveyor or conveyee, or transferor or transferee,\nceases to be a group corporation in the same corporate\ngroup because its shares, or the shares of another\ncorporation (which becomes a parent corporation)\ninterposed between the conveyor and conveyee, or the\ntransferor and transferee, are offered and sold to the\npublic; and\n(ii) the shares are quoted on a recognised financial market\nwithin 12 months after the offer to the public; or\n(c) if the conveyor or transferor ceases to be a group corporation\nin the same corporate group as the conveyee or transferee, or\nthe conveyee or transferee ceases to be a group corporation\nin the same corporate group as the conveyor or transferor, in\ncircumstances where the corporation ceasing to be in the\ncorporate group has, immediately before doing so, no assets\nor no assets other than cash, money in an account at call or\non deposit with any person or a negotiable instrument.\n(5) For the purposes of subsection (4)(a), a corporation that is\nregistered under the Corporations Act 2001 ceases to exist if it is\nderegistered under that Act.\n\nStamp Duty Act 1978 30\n","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Time for parties to give notice that reassessment required","content":"24 Time for parties to give notice that reassessment required\n(1) If an event specified in section 23(1)(b) occurs in relation to a\nconveyance, transfer or relevant acquisition referred to in\nsection 23(1)(a), a party to the conveyance, transfer or relevant\nacquisition must, within 30 days of the event occurring:\n(a) give notice to the Commissioner that the event has occurred;\nand\n(b) lodge with the Commissioner all documents necessary for the\nreassessment of duty.\n(2) If subsection (1) is not complied with, each party to the conveyance,\ntransfer or relevant acquisition is guilty of an offence.\nMaximum penalty: 500 penalty units.\n","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Application for ruling regarding proposed corporate re-","content":"25 Application for ruling regarding proposed corporate re-\nconstruction\n(1) A corporation that proposes to be a party to a conveyance, transfer\nor relevant acquisition referred to in section 19 or 20 may apply to\nthe Commissioner for a ruling whether the proposed conveyance,\ntransfer or relevant acquisition would be exempt from duty under\nthat section.\n(2) The application must be accompanied by all relevant information.\n(3) The Commissioner must give the applicant notice of the ruling.\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Application for exemption regarding corporate re-construction","content":"26 Application for exemption regarding corporate re-construction\n(1) The parties to a conveyance, transfer or relevant acquisition\nreferred to in section 19 or 20 may apply to the Commissioner for\nan exemption under that section from the payment of duty.\n(2) The application must be accompanied by all relevant information.\n(3) If the Commissioner is satisfied that the applicant is entitled to the\nexemption sought in the application, the Commissioner must grant\nthe exemption accordingly.\n\nStamp Duty Act 1978 31\n(4) If the Commissioner previously gave a ruling in favour of the\napplicant in relation to the relevant transaction, the Commissioner is\nbound by the ruling unless it appears to the Commissioner that:\n(a) the circumstances of the actual transaction differ in a material\nrespect from the circumstances of the proposed transaction as\ndisclosed in the application for the ruling (or the accompanying\ninformation); or\n(b) the applicant failed to disclose, or misrepresented, a material\nfact in the application for the ruling.\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Interpretation: partnership property and partnership interest","content":"27 Interpretation: partnership property and partnership interest\n(1) A reference in this Division to a partnership is a reference to the\nholding of property by the partners of a partnership for the\npartnership.\n(2) For the purposes of this Division, a person makes a partnership\nacquisition if the person acquires a partnership interest, within the\nmeaning of subsection (3), in a partnership that holds dutiable\n(3) A partner's partnership interest is:\n(a) if the partner has a partnership entitlement in a partnership\nunder which, in the ordinary course of determining the\npartner's entitlement to share in the profits of the partnership\nor obligation to contribute to the capital or losses of the\npartnership, the entitlement to share in the profits or obligation\nto contribute to capital or losses varies or may vary from time\nto time – the percentage that represents the proportion that\nthe value of the partner's entitlement as a partner bears to the\nvalue of the entitlements of all the partners in the partnership;\nor\n(b) if the partner is entitled only to share in the profits of the\npartnership and has given or is required to give consideration,\nor has made or is required to make a contribution to the\ncapital of the partnership, for the entitlement to share in the\nprofits – the percentage that represents the proportion that the\npartner's entitlement to the profits of the partnership bears to\nthe entitlements to the profits of the partnership of all the\npartners in the partnership; or\n\nStamp Duty Act 1978 32\n(c) if the percentage referred to in paragraph (a) or (b) does not\napply, the greater of:\n(i) the percentage of the capital of the partnership the\npartner has contributed or is obliged to contribute; or\n(ii) the percentage of the losses of the partnership the\npartner is required to bear.\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Acquiring a partnership interest","content":"28 Acquiring a partnership interest\n(1) A person acquires a partnership interest if:\n(a) a partnership (of which he or she becomes a partner) is\nformed; or\n(b) the person's partnership interest increases.\n(2) For the purposes of subsection (1):\n(a) a partnership may be formed by a change in the membership\nof a partnership or the merger of 2 or more partnerships; and\n(b) a person's partnership interest may increase:\n(i) under the terms of a partnership agreement; or\n(ii) on the retirement of a partner from a partnership; or\n(iii) on a change in the terms of a partnership agreement\neffecting a change in the interests of the partners; and\n(c) a partner's partnership entitlement referred to in\nsection 27(3)(a) does not increase if:\n(i) the person's entitlement to share in the profits of the\npartnership or obligation to contribute to the capital or\nlosses increases by reason only of the person's\nperformance as a partner; and\n(ii) there is no arrangement stating the extent of the future\nvariation to the partner's entitlement to share in the\nprofits of the partnership or obligation to contribute to the\ncapital or losses or the consideration for the variation.\n(3) The acquisition of a partnership interest (a partnership\nacquisition) is a conveyance.\n(4) The partnership interest is taken to be a proportionate interest in\ndutiable property held by or on behalf of the partnership equivalent\nto the percentage defining the extent of the partnership interest.\n\nStamp Duty Act 1978 33\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Value of partnership acquisition","content":"29 Value of partnership acquisition\n(1) Subject to subsections (2) and (3), the unencumbered value of a\npartner's partnership acquisition is determined by applying the\npartner's partnership interest to the unencumbered value of all the\ndutiable property held by the partnership.\n(2) Subject to sections 29AA and 29A, in determining the\nunencumbered value of a partner's partnership acquisition on the\nformation of a partnership, the unencumbered value of any dutiable\nproperty the partner contributed to the partnership on its formation\nis to be disregarded.\n(3) In determining the unencumbered value of a partner's partnership\nacquisition that is an increase in the partner's partnership interest\n(other than an increase in the partner's partnership interest on the\nformation of a partnership), the acquisition is taken to be the\nincrease in the partner's partnership interest.\n29AA Value of partnership acquisition if change in membership of\npartnership by admission of one or more new partners\nWhere a new partnership is formed by a change in the membership\nof a partnership by the admission of one or more new partners, the\nunencumbered value of a partner's partnership acquisition on the\nformation of the new partnership is determined by:\n(a) applying the partner's partnership interest to the\nunencumbered value of all dutiable property held by the new\npartnership on its formation; and\n(b) deducting from that:\n(i) if the partner was not a partner of the former\npartnership – the value that would be the unencumbered\nvalue of the partner's partnership acquisition in the new\npartnership on its formation if the dutiable property of the\npartnership comprised only the dutiable property (if any)\nthat the partner contributed to it on its formation; or\n(ii) if the partner was a partner in the former partnership –\nthe lesser of the following:\n(A) the value that would be the unencumbered value of\nthe partner's partnership acquisition in the new\npartnership on its formation if the dutiable property\nof that partnership comprised only the dutiable\nproperty of the former partnership;\n\nStamp Duty Act 1978 34\n(B) the value that represents the unencumbered value\nof the partner's partnership interest in the former\npartnership before the formation of the new\npartnership.\n","sortOrder":34},{"sectionNumber":"29A","sectionType":"section","heading":"Value of partnership acquisition where merger of 2 or more","content":"29A Value of partnership acquisition where merger of 2 or more\npartnerships\n(a) a person first makes a partnership acquisition on the merger\nof 2 or more partnerships; and\n(b) immediately before the merger, the person had a partnership\ninterest in one of the former partnerships; and\n(c) the unencumbered value of that partnership interest included\nall or part of the unencumbered value of the dutiable property\nof the former partnership which, on the merger, becomes\ndutiable property of the merged partnership.\n(2) The unencumbered value of the person's acquisition on the merger\nof the partnerships must be reduced by the lesser of:\n(a) the value that would be the unencumbered value of the\nperson's partnership acquisition in the merged partnership if\nthe dutiable property of the merged partnership comprised\nonly the dutiable property of the former partnership of which\nthe person was a partner; or\n(b) the value that represents the unencumbered value of the\nperson's partnership interest in the former partnership that\nbecomes the dutiable property of the merged partnership.\n","sortOrder":35},{"sectionNumber":"29B","sectionType":"section","heading":"Reduction of dutiable value of dutiable property if conveyed to","content":"29B Reduction of dutiable value of dutiable property if conveyed to\npartner on retirement or dissolution of partnership\n(1) This section applies if, because a person ceases to be a partner in\na partnership because he or she retires from the partnership or the\npartnership is dissolved, dutiable property of the partnership is\nconveyed or agreed to be conveyed to the person.\n(2) The unencumbered value of the dutiable property conveyed to the\nperson is to be reduced by an amount determined by applying the\nperson's partnership interest in the partnership to the\nunencumbered value of the dutiable property of the partnership\nimmediately before the person's retirement or the partnership's\ndissolution.\n\nStamp Duty Act 1978 35\n(3) If the unencumbered value of dutiable property is reduced under\nsubsection (2) to a value that is more than the consideration for the\ndutiable property, the amount of duty payable on the conveyance of\nthe dutiable property is:\n(a) subject to paragraph (b) – the amount of duty determined to\nbe payable on the reduced unencumbered value of the\ndutiable property; or\n(b) if the amount of duty determined to be payable on the reduced\nunencumbered value of the dutiable property is less\nthan $20 – $20.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Definitions","content":"37 Definitions\nIn this Division:\nAustralian insurer means an insurer that is:\n(a) a body corporate incorporated, or registered as a company,\nunder a law of the Commonwealth or of a State or Territory of\nthe Commonwealth; or\n(b) a body corporate that is registered as a foreign body, or as a\nforeign company, under a law of the Commonwealth or of a\nState or Territory of the Commonwealth; or\n(c) the Territory.\noverseas insurer means an insurer that is not an Australian\ninsurer.\n","sortOrder":37},{"sectionNumber":"37A","sectionType":"section","heading":"Life insurance and life insurance rider","content":"37A Life insurance and life insurance rider\n(1) In this Act:\naccident insurance means insurance insuring the payment of\nbenefits:\n(a) on the death of a person only from accident or violence or\notherwise than from a natural cause; or\n(b) as compensation for personal injury.\n\nStamp Duty Act 1978 36\nlife insurance means insurance insuring the payment of benefits\non death (other than accident insurance) or on the happening of a\ncontingency dependent upon the termination or continuance of\nhuman life, and includes:\n(a) insurance under an instrument evidencing a contract that is\nsubject to payment of premiums for a term dependent upon\nthe termination or continuance of human life; and\n(b) insurance under an instrument securing the grant of an\nannuity for a term dependent upon the termination or\ncontinuance of human life.\n(2) If a life policy also provides for the payment of benefits on the\noccurrence of a contingency or event that does not relate to or\ndepend on the termination or continuance of human life (life\ninsurance rider), then the additional insurance provided under or\nin accordance with the life policy is taken to be a life insurance rider\nand not life insurance.\n(3) Subsection (2) applies:\n(a) whether or not the life insurance and the life insurance rider\nare separate or distinct matters; and\n(b) whether or not payment of benefits under the life insurance\nrider component of the policy:\n(i) will or may reduce the benefits payable under the life\ninsurance component of the policy; or\n(ii) will or may terminate the policy.\n(4) The Commissioner may apportion the amount or proportion of a\npremium or other amount payable for a life policy that relates to a\nlife insurance rider if:\n(a) there is no separately identifiable part of the premium or other\namount apportioned to the rider; or\n(b) the Commissioner is not satisfied that the separately\nidentifiable part of the premium or other amount has been\ncorrectly apportioned to the rider.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Imposition of duty on policies of insurance","content":"38 Imposition of duty on policies of insurance\nStamp duty is payable on a policy of insurance in respect of:\n(a) property in the Territory; or\n\nStamp Duty Act 1978 37\n(b) a risk, contingency or event concerning an act or omission\nthat, in the normal course of events, may occur within or partly\nwithin the Territory; or\n(c) a life insurance rider in respect of a person whose principal\nplace of residence is in the Territory.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Australian insurers to be registered","content":"39 Australian insurers to be registered\n(1) An Australian insurer must not grant, issue or renew a policy of\ninsurance in respect of which duty is imposed unless the insurer is\nregistered under this Division.\n(2) Nothing in subsection (1) affects the liability of an Australian insurer\nfor duty imposed in respect of a policy of insurance granted, issued\nor renewed in contravention of this section.\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Register of Insurers","content":"40 Register of Insurers\nFor the purpose of this Division, the Commissioner shall keep a\nregister to be called \"Register of Insurers\".\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Registration","content":"41 Registration\n(1) An Australian insurer that intends to grant, issue or renew a policy\nof insurance on which duty is imposed may apply to the\nCommissioner for registration in the Register.\n(2) The Commissioner must, on receiving an application from an\ninsurer under subsection (1), register the insurer by entering the\nname of the insurer in the Register.\n(3) The Commissioner must notify the insurer of its registration under\nthis Division.\n(4) The Commissioner must revoke the registration of an insurer under\nthis Division on receiving notification of the winding-up of the\ninsurer, or on receiving an application from the insurer to revoke the\nregistration.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Returns in respect of insurance business","content":"42 Returns in respect of insurance business\nAn Australian insurer registered, or required to be registered, under\nthis Division must, within 21 days after the end of each month:\n(a) lodge with the Commissioner a return detailing all premiums\nreceived in that month by the insurer in respect of which duty\nis imposed; and\n\nStamp Duty Act 1978 38\n(b) pay the duty payable in respect of those premiums.\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Refund of duty for surrendered or cancelled insurance","content":"43 Refund of duty for surrendered or cancelled insurance\nIf an insurer pays duty in respect of a premium that is later refunded\nin whole or part to the insured because of cancellation of the policy\nof insurance, a refund of overpaid duty is to be made under the\nTaxation Administration Act 2007 if (and only if) the Commissioner\nis satisfied, on application by the insurer, that the refund would not\nresult in a windfall gain to the insurer.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Insurer may recover duty from the insured person","content":"44 Insurer may recover duty from the insured person\nNothing in this Act prevents an insurer from recovering duty paid or\npayable on a policy of insurance from the person who pays the\npremiums on the policy.\n","sortOrder":45},{"sectionNumber":"44A","sectionType":"section","heading":"Insurance granted, issued or renewed by overseas insurer","content":"44A Insurance granted, issued or renewed by overseas insurer\n(1) A person who effects insurance in respect of:\n(a) property in the Territory; or\n(b) a risk, contingency or event concerning an act or omission\nthat, in the normal course of events, may occur within or partly\nwithin the Territory;\nfor which a policy of insurance is or is to be granted, issued or\nrenewed (directly or indirectly) by an overseas insurer must, within\n30 days after effecting the insurance, lodge with the Commissioner\na return containing the approved particulars (including details of the\npremiums paid for policies of insurance in respect of which duty is\nimposed) and pay the relevant amount of duty.\n(2) The person who effects insurance to which this section applies and\nthe overseas insurer who granted, issued or renewed the policy of\ninsurance for that insurance are jointly and severally liable for the\nduty imposed in respect of the policy of insurance.\n","sortOrder":46},{"sectionNumber":"44B","sectionType":"section","heading":"Agents and brokers taken to be acting for insurer","content":"44B Agents and brokers taken to be acting for insurer\n(1) For the purposes of this Division, an insurance agent or insurance\nbroker who arranges for the grant, issue or renewal of a policy of\ninsurance (whether on behalf of the insurer or the person effecting\nthe insurance) is to be taken to have granted, issued or renewed\nthe policy on behalf of the insurer.\n\n","sortOrder":47},{"sectionNumber":"Div 7A","sectionType":"division","heading":"Apportionment of premiums etc. between Territory and other jurisdictions","content":"Division 7A Apportionment of premiums etc. between Territory and other jurisdictions\nStamp Duty Act 1978 39\n(2) Subsection (1) applies in relation to an insurance agent or\ninsurance broker (wherever the agent or broker carries on\nbusiness) whether or not the agent or broker is acting in pursuance\nof a binder within the meaning of section 761A of the Corporations\nAct 2001.\nDivision 7A Apportionment of premiums etc. between Territory\nand other jurisdictions\n","sortOrder":48},{"sectionNumber":"49A","sectionType":"section","heading":"Application of Division","content":"49A Application of Division\nThis Division applies to:\n(a) a policy of insurance in respect of:\n(i) property in the Territory and property in another place; or\n(ii) a risk, contingency or event concerning an act or\nomission that, in the normal course of events, may occur\nwithin or partly within the Territory or within or partly\nwithin another place or within or partly within the\nTerritory and another place; or\n(b) a policy of insurance that is a life insurance rider in respect of\npersons whose principal places of residence are variously in\nthe Territory and another place.\n","sortOrder":49},{"sectionNumber":"49B","sectionType":"section","heading":"Schedule of Apportionment","content":"49B Schedule of Apportionment\n(1) The Commissioner may adopt a Schedule of Apportionment for the\npurpose of apportioning premiums for insurance, or premiums paid\nfor specific classes of insurance, and other amounts in relation to\ninsurance in accordance with this Division.\n(2) The Schedule of Apportionment may be developed in consultation\nwith any person the Commissioner considers suitable.\n","sortOrder":50},{"sectionNumber":"49C","sectionType":"section","heading":"Apportionment in practice","content":"49C Apportionment in practice\n(1) Subject to this section, a premium or an amount is to be\napportioned in accordance with the Schedule of Apportionment\nadopted for the time being.\n(2) An insurer or an insured person may apply to the Commissioner to\napportion a premium or an amount on a basis other than that\nprovided by the Schedule of Apportionment and the Commissioner\nmay apportion the premium or amount on the other basis.\n\nStamp Duty Act 1978 40\n(3) If the Commissioner is not satisfied that a premium paid or another\namount in relation to a policy of insurance has been properly\napportioned for each risk insured, the Commissioner may\ndetermine the apportionment, reassess the liability to duty and\ncharge duty accordingly.\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Persons liable to pay duty","content":"50 Persons liable to pay duty\nSubject to this Act:\n(a) duty imposed on a conveyance is payable by the conveyee;\nand\n(b) duty imposed on a lease is payable by the lessee.\n","sortOrder":52},{"sectionNumber":"52A","sectionType":"section","heading":"Computation of duty where 2 or more instruments","content":"52A Computation of duty where 2 or more instruments\n(1) This section applies to the following instruments:\n(a) an instrument by which, or evidencing a transaction or part of\na transaction by which, dutiable property is conveyed; and\n(b) a statement under section 83B; and\n(c) a memorandum created for the purposes of section 86, where\nthe memorandum relates to an instrument under\nparagraph (a) or the failure to lodge a statement under\nsection 83B.\n(2) In this section, relevant transaction means a transaction which is\nor should be evidenced by an instrument referred to in\nsubsection (1)(b) or (c).\n(3) Where 2 or more instruments to which this section applies together\nform, or arise from, substantially one transaction or one series of\ntransactions, those instruments shall, unless the Commissioner is\nsatisfied that it would not be just and reasonable in the\ncircumstances, be chargeable with ad valorem duty as a single\ntransaction calculated at the rate appropriate to the dutiable\nproperty conveyed on the sum of the amounts by reference to\nwhich ad valorem duty on each of those instruments would, but for\nthis subsection, have been calculated, and that duty shall be\napportioned to the various instruments as determined by the\n\nStamp Duty Act 1978 41\n(4) Where a person conveys dutiable property to the same person\n(whether that person takes alone or with the same or different\npersons) by an instrument to which this section applies:\n(a) which has been, or appears to have been, executed within\n12 months of:\n(i) another such instrument; or\n(ii) a relevant transaction; or\n(b) being a statement under section 83B or a memorandum under\nsection 86 evidencing a relevant transaction which, in the\nopinion of the Commissioner, was entered into within\n12 months of:\n(i) another relevant transaction evidenced by such a\nstatement or memorandum; or\n(ii) the execution of an instrument referred to in\nparagraph (a),\nit shall be presumed, unless the Commissioner is satisfied to the\ncontrary, that the instruments arose out of one transaction or one\nseries of transactions.\n(5) Where ad valorem duty has been paid in respect of an instrument\nreferred to in subsection (3), the duty otherwise payable under that\nsubsection shall be reduced by the amount of duty already paid.\n(6) Except as provided by subsection (5), this section does not operate\nto reduce the duty payable on any instrument.\n","sortOrder":53},{"sectionNumber":"56A","sectionType":"section","heading":"Refund or remission of duty if transaction does not proceed","content":"56A Refund or remission of duty if transaction does not proceed\netc.\n(a) duty has been paid, or is payable, on a conveyance (other\nthan a conveyance to which Division 8AB applies) or on the\ngrant of a lease; and\n(b) the conveyance or grant does not proceed:\n(i) because of non-execution by an essential party,\nnon-fulfilment of a condition precedent or the operation\nof some provision of the instrument; or\n\nStamp Duty Act 1978 42\n(ii) because the entitlements purportedly conferred by the\nconveyance or grant are extinguished by rescission,\ncancellation or annulment of the conveyance or grant;\nthe Commissioner must refund the duty paid or remit the duty\npayable (as the case requires).\n(1A) Subsection (1) does not apply in relation to the grant of a lease if\nthe lessee or an associate of the lessee has occupied the leased\nproperty (or property substantially the same as the leased\nproperty), except as a result of the sale of the property to the lessee\nor associate, after the date when the grant did not proceed.\n(1B) In addition, the Commissioner must remit the duty assessed (but\nnot paid) on a dutiable instrument if, under section 9(3A), there is\nno obligation to pay duty on the instrument because the transaction\ndoes not proceed.\n(2) A refund or remission of duty may only be made or granted under\nthe Taxation Administration Act 2007 on an application:\n(a) made within 90 days (or a longer period allowed by the\nCommissioner) after it first became apparent that the\nconveyance or grant would not proceed (which, in the case of\nrescission, cancellation or annulment, will be taken to be the\ndate of the rescission, cancellation or annulment); and\n(b) supported by all documents relevant to the application and\nsuch other evidence as the Commissioner may require.\n(3) All instruments evidencing a transaction in respect of which duty\nhas, in pursuance of this section, been remitted or refunded shall\nhave a note of that fact endorsed on them by the Commissioner\nand, on being so endorsed, they shall have no effect in law or in\nequity to convey dutiable property or grant a lease.\n(4) This section does not apply to or in relation to a transaction where\nthe Commissioner is of the opinion that a subsequent sale or other\ndisposition of the dutiable property the subject of the transaction:\n(a) is a sub-sale or a transaction having the effect of a sub-sale,\nnotwithstanding that the subsequent conveyance is executed\nby the person who was the vendor in that first-mentioned\ntransaction; or\n(b) is the result of a conveyance by direction, whether in writing or\nnot, initiated by the conveyee in that transaction.\n(5) If duty has been remitted or refunded under subsection (1) or (1B)\nfor a transaction, and the Commissioner subsequently forms the\n\nDivision 8AAA Changes in beneficiaries and trustees of discretionary trusts\nStamp Duty Act 1978 43\nopinion there has been a subsequent sale or other disposition of\nthe dutiable property the subject of the transaction of a type\nmentioned in subsection (4)(a) or (b), the instruments evidencing\nthe transaction remain liable to duty.\n(6) An assessment may be made under subsection (5) even though the\nperiod of limitation for making reassessments has expired.\nDivision 8AA Declarations of trust\n56BA Declaration of trust\n(1) A declaration of trust is a conveyance.\n(2) The declaration is to be assessed for duty as a conveyance to the\ndeclarant of all the dutiable property subject to the trust\n(irrespective of whether the declarant has, or may acquire, a\nbeneficial interest under the trust).\nDivision 8AAA Changes in beneficiaries and trustees of\ndiscretionary trusts\n56BAB Imposition of duty on addition or change of beneficiary under\ndiscretionary trust\n(1) The following transactions are conveyances for the re-constitution\nof a trust:\n(a) the addition of a person or class of persons as a beneficiary or\nbeneficiaries of a discretionary trust;\n(b) the sale (or other disposition) of a beneficial interest (or\npotential beneficial interest) by a beneficiary of a discretionary\ntrust;\n(c) an amendment or variation to the terms of a non-discretionary\ntrust that has the effect of creating a discretionary trust.\n(2) Such a conveyance is to be assessed for duty as a conveyance of\nall the dutiable property subject to the trust.\n(3) All the trustees and any person who becomes a beneficiary as a\nresult of the conveyance are jointly and severally liable for the duty\npayable on the conveyance.\n(4) A transaction is not dutiable under this section if:\n(a) all the existing beneficiaries, and all new beneficiaries, are\nmembers of the same family; or\n\nStamp Duty Act 1978 44\n(b) the Commissioner is satisfied the transaction is not a tax\n56BAC Imposition of duty where change in beneficiary and trustee\nunder discretionary trust\n(1) Subject to this section, if:\n(a) a change in control of a corporate beneficiary under a\ndiscretionary trust and a change in control of the discretionary\ntrust occur within a 12-month period; and\n(b) the changes arise from one transaction or one series of\ntransactions or substantially from one transaction or one\nseries of transactions;\nthe changes in control together constitute a conveyance occurring\non the date of the later of the changes.\n(2) The conveyance is to be regarded as a conveyance for the\nreconstitution of the trust and is to be assessed for duty as a\nconveyance of all the dutiable property subject to the trust.\n(3) The beneficiary subject to the change in control, and all the\ntrustees, are jointly and severally liable for the duty imposed on the\n(4) However, duty is not payable if the Commissioner is satisfied that\nthe concurrent or consecutive changes in control are not a tax\n56BB Definitions\nIn this Division:\ncall option has the meaning in section 56BC(1)(a).\noption property means the dutiable property that is common to the\ncall option and the put option.\nput option has the meaning in section 56BC(1)(b).\n56BC Duty payable on call and put option\n(a) there is a conveyance to a person (the first person) of an\noption (the call option) to require another person (the\n\nStamp Duty Act 1978 45\nsecond person) to convey to the first person, or to a person\nwith whom the first person has an agreement, arrangement or\nunderstanding (a third person), dutiable property; and\n(b) the second person has an option (the put option) to require\nthe first person or a third person referred to in paragraph (a) to\nbe the conveyee in a conveyance of the dutiable property from\nthe second person.\n(2) The conveyance of the call option is taken to be a conveyance of\nthe option property from the second person to the first person and\nduty is payable by the first person accordingly.\n(3) The conveyance of the option property is taken to have occurred\nwhen the later of the conveyance of the call option occurs or the put\noption comes into existence.\n(4) Duty is payable by the first person under subsection (2):\n(a) regardless of when the call option or the put option is\nexercisable; and\n(b) even though the call option or the put option is exercisable\nover dutiable property in addition to the option property.\n(5) The duty imposed is payable on the greater of:\n(a) the sum of the consideration for the conveyance of the call\noption over the option property and the consideration for the\nexercise of the call option over the option property; or\n(b) the unencumbered value of the option property.\n(6) If, as a result of the exercise of the call option or the put option, the\noption property is conveyed from the second person to the first\nperson, the ad valorem duty payable on the conveyance is reduced\nby the amount of duty paid or payable by the first person under\nsubsection (2).\n(7) If the option property is conveyed to a third person, the reduction of\nad valorem duty available to the first person under subsection (6)\nwill only extend to the third person if the Commissioner is satisfied:\n(a) that:\n(i) the first person was, at the time of the transfer of the call\noption, acting as agent of the third person; or\n\nStamp Duty Act 1978 46\n(ii) the third person is a corporation or the trustee of a trust\nthat the first person was, at the time of the transfer of the\ncall option, in the process of incorporating, establishing\nor acquiring; and\n(b) that there has been no sub-sale or other dutiable dealing with\nthe option property between the time of the transfer of the call\noption and the conveyance to the third person.\n56BD Duty payable if neither option exercised\n(a) both the call option and the put option expire without being\nexercised; and\n(b) the failure to exercise either option is not a tax avoidance\nscheme or part of a tax avoidance scheme; and\n(c) the option property has not been conveyed to a third person\nreferred to in section 56BC(1)(a) (whether as a result of the\nexercise of the call option or the put option or otherwise).\n(2) Duty is payable on the last conveyance of the call option as an\noption to purchase the dutiable property the subject of the call\noption.\n(3) The duty imposed is payable by the last conveyee of the call option.\n(4) However, the conveyee liable to pay duty under subsection (3) is\nentitled to a remission or refund of an amount equal to the\ndifference between:\n(a) the amount of duty paid or payable on the call option by the\nconveyee under section 56BC(2); and\n(b) the amount of duty paid or payable on the call option by the\nconveyee under subsection (3).\n(5) A refund or remission of duty may only be made or granted under\nthe Taxation Administration Act 2007 on an application:\n(a) made within 90 days (or a longer period allowed by the\nCommissioner) after the expiry of the put or call option\n(whichever is last to expire); and\n(b) supported by all documents relevant to the application and\nsuch other evidence as the Commissioner may require.\n\nStamp Duty Act 1978 47\n56BE Circumstances in which duty is not payable\n(1) Duty is not payable on a conveyance under section 56BC if the\nconveyance of the call option occurred, and the put option came\ninto existence, before 23 June 2004.\n(2) Duty is not payable under section 56BC(2) if the Commissioner is\nsatisfied that:\n(a) the call option and the put option are part of a scheme of call\noptions and put options granted by the proprietors of a\nbusiness, the only purpose of which is to facilitate the\ncontinuation of the business by one or some of the proprietors\n(the continuing proprietors); and\n(b) the call options and put options forming the scheme are only\nexercisable on the occurrence of a specified event that would\ncause the continuing proprietors to seek to acquire the interest\nin the business of another of the proprietors; and\n(c) the call option and the put option are not a tax avoidance\nscheme or part of a tax avoidance scheme.\n(3) In subsection (2):\nproprietor, of a business, means a natural person who is:\n(a) if the business is a partnership – a partner in the business; or\n(b) if the business is a company – a shareholder in the business;\nor\n(c) if the business is a unit trust scheme – a unit holder in the\nbusiness; or\n(d) if paragraphs (a), (b) and (c) do not apply – a person\ndetermined by the Commissioner to be a proprietor of the\nbusiness.\n\nStamp Duty Act 1978 48\nDivision 8A Relevant acquisitions in certain corporations and\nunit trust schemes entitled to land\n","sortOrder":54},{"sectionNumber":"56C","sectionType":"section","heading":"Interpretation","content":"56C Interpretation\nacquire, in relation to an interest or a shareholding in a land-\nholding corporation, includes acquire the interest or shareholding in\nany of the following ways:\n(a) the allotment or issue of a share, not being the issue of a\nshare to a member on registration of the corporation;\n(b) the redemption, surrender or cancellation of a share;\n(c) the variation, abrogation or alteration of a right pertaining to a\nshare;\n(ca) the payment of an amount owing for a share;\n(cb) a declaration of trust over shares;\n(cc) if shares are held subject to a discretionary trust – the addition\nof a beneficiary or class of beneficiaries to the existing\nbeneficiaries under the trust;\n(cd) if shares are held subject to a discretionary trust – a change in\ncontrol of a corporate beneficiary under the trust and a change\nin control of the trust if both changes:\n(i) occur within a 12 month period; and\n(ii) arise from (or substantially from) one transaction or one\nseries of transactions;\n(ce) a statutory vesting of shares;\n(cf) a merger vesting of shares;\nbut does not include an acquisition:\n(d) that occurs solely as the result of:\n(i) the appointment of a receiver or trustee in bankruptcy; or\n(ii) the appointment of a liquidator; or\n\nStamp Duty Act 1978 49\n(iii) the making of a compromise or arrangement under\n","sortOrder":55},{"sectionNumber":"Part 5","sectionType":"part","heading":"1 of the Corporations Act 2001 that:","content":"Part 5.1 of the Corporations Act 2001 that:\n(A) has been made with the corporation's creditors or a\nclass of them; and\n(B) has been approved by the court; and\n(C) is not a tax avoidance scheme or part of a tax\navoidance scheme; or\n(iv) the distribution of the estate of a deceased person,\nincluding an acquisition that occurs as the result of:\n(A) a will, a codicil or an order of a court varying or\nmodifying the provisions of a will or codicil; or\n(B) an intestacy or an order of a court varying or\nmodifying the application, in relation to the estate of\na deceased person, of the provisions of a law\nrelating to the distribution of the assets of persons\nwho die intestate.\ncorporation has the same meaning as in the Corporations\nAct 2001.\ndirector has the same meaning as in the Corporations Act 2001.\nentitled means beneficially entitled.\ninterest has the meaning in section 56Q, and includes a significant\ninterposed trust, see section 124-1045 of the Income Tax\nAssessment Act 1997 (Cth).\nland includes anything fixed to the land (irrespective of whether it\nwould be regarded as a fixture at common law).\nlinked entity, of a corporation, has the meaning in\nsection 56NA(1).\nlisted corporation means a corporation that is on the official list of\na recognised financial market if the listing is not a tax avoidance\nscheme or part of a tax avoidance scheme.\nlisted unit trust scheme means a unit trust scheme that is on the\nofficial list of a recognised financial market if the listing is not a tax\n\nStamp Duty Act 1978 50\nrelevant period, in relation to a relevant acquisition, means:\n(a) the period of 3 years ending on the date of the relevant\nacquisition; or\n(b) if a person makes a relevant acquisition because the person\nacquires an interest by exercising a right to acquire the\ninterest – the period commencing 3 years before the day on\nwhich the person or a related person acquired the right to\nacquire the interest and ending on the date of the relevant\nacquisition.\nshare means a share in the share capital of a corporation and\nincludes stock and an interest in a share or stock, and\nshareholding has a corresponding meaning.\nsignificant interest has the meaning in section 56Q(4).\nunit means a right or interest, whether described as a unit or sub-\nunit or otherwise, of a beneficiary under a unit trust scheme, and\nincludes an interest in a unit.\nunit trustee means a trustee of a unit trust scheme.\nunlisted unit trust scheme means a unit trust scheme that is not a\nlisted unit trust scheme.\n(3) For the purposes of this Division, the following persons are related:\n(a) natural persons who are spouses of each other, or who are\nrelated as parent and child;\n(b) related corporations;\n(c) trustees of the same trust, or of different trusts if there is a\nbeneficiary common to both trusts;\n(d) a natural person and a corporation if the natural person is a\nmajority shareholder, director or secretary of the corporation\nor a related corporation;\n(e) a natural person and a trustee of a trust of which the natural\nperson is a beneficiary;\n(f) a corporation and a trustee of a trust of which:\n(i) the corporation, or a majority shareholder, director or\nsecretary of the corporation, is a beneficiary; or\n(ii) a related corporation is a beneficiary;\n\nStamp Duty Act 1978 51\n(g) persons who acquire interests in a corporation by virtue of\nacquisitions that together form or arise from substantially one\ntransaction or one series of transactions;\n(h) in relation to the acquisition of an interest in a corporation by a\ndeclaration of trust over shares – the trustees and\nbeneficiaries of the trust;\n(i) in relation to an acquisition of an interest in a corporation by\nvirtue of the addition of a beneficiary or class of beneficiaries\nto the existing beneficiaries under a discretionary trust – the\ntrustees of, and the additional beneficiary or class of\nbeneficiaries under, the trust.\n(4) But a person will not be regarded as related to another if the\nCommissioner is satisfied that they are not, and have not been,\nacting in concert in relation to the acquisition of interests in a\ncorporation.\n(6) For the purposes of this Division, and subject to section 56CA, the\nentitlement of a person to participate as a shareholder in the\ndistribution of the property of a corporation on a winding up of the\ncorporation is an entitlement to an amount calculated as if:\n(a) the winding up were carried out in accordance with the\nconstitution or rules of the corporation and the law relevant to\nthe winding up, as the constitution or rules and law exist at the\ntime of the winding up; or\n(b) the person (whether acting alone or together with related\npersons) had, immediately before the winding up, paid up any\nuncalled amount for the shares in the corporation and\nexercised all powers and discretions exercisable by the\nperson (whether acting alone or together with related persons)\nby reason of having acquired an interest in the corporation to:\n(i) effect or compel an alteration to the constitution or rules;\nor\n(ii) vary the rights conferred by shares in the corporation; or\n(iii) effect or compel the substitution or replacement of\nshares in the corporation with other shares in the\ncorporation,\nin such manner as to maximize that amount,\n\nStamp Duty Act 1978 52\nwhichever of the amounts under paragraph (a) or (b) results in the\ngreater amount, unless the Commissioner determines, where the\ncalculation under paragraph (b) results in the greater amount, that\nthe amount of the entitlement should be calculated under\nparagraph (a).\n(7) For the purposes of this Division, and subject to section 56CA, the\nentitlement of a person on the distribution of a trust shall be\ndetermined as the greatest entitlement that the person could derive\nat any time from the trust whether by the fulfilment of a condition,\nthe outcome of a contingency or the exercise of a power or\ndiscretion or otherwise and, in particular, a person that may benefit\nfrom, or the trust property of another trust that may comprise or be\naugmented by a benefit from, a discretionary trust shall be deemed\nto be entitled to or comprise, or be augmented by:\n(a) the property subject to the discretionary trust, unless the\nCommissioner determines otherwise; or\n(b) such part of that property as the Commissioner determines.\n(9) Farming land is not to be taken into account as land of a land-\nholding corporation for the purpose of assessing duty on a relevant\nacquisition if:\n(a) the transaction would, assuming it were a conveyance of the\nfarming land between the parties to the relevant acquisition,\nbe exempt from duty under section 87; and\n(b) the parties acquiring the relevant interest intend that the\nfarming land will continue to be used solely or principally for\nfarming purposes; and\n(c) the parties from whom the relevant interest is acquired held\nthe relevant interest for at least 5 years before the date of the\nrelevant acquisition or the land-holding corporation acquired\nthe farming land before those parties acquired their interest in\nit.\n(10) For this Division, if an interest or a shareholding in a corporation is\nacquired by virtue of a declaration of trust over shares:\n(a) the interest or shareholding vested or to be vested in the\ndeclarant is taken to be the interest or shareholding acquired;\nand\n(b) the declarant is taken to be the person who acquired the\n\nStamp Duty Act 1978 53\n(c) the acquisition is taken to have occurred at the time the\ndeclaration is made.\n(11) For this Division, if an interest or a shareholding in a corporation is\nacquired by virtue of the addition of a beneficiary or class of\nbeneficiaries to the existing beneficiaries under a discretionary\ntrust:\n(a) the interest or shareholding over which the trust is declared is\ntaken to be the interest or shareholding acquired; and\n(b) the trustees are taken to be the persons who acquired the\n(c) the acquisition is taken to have occurred at the time of the\naddition.\n(11A) For this Division, the addition of a beneficiary or class of\nbeneficiaries to the existing beneficiaries under a discretionary trust\nincludes any of the following:\n(a) the addition of a beneficiary who is a natural person or a body\ncorporate;\n(b) the addition of a class of beneficiaries the members of which\nare natural persons, bodies corporate or both;\n(c) the addition of a person or class of persons in whom the whole\nor part of the trust property vests if the trustee does not make\na determination to vest that whole or part;\n(d) the transfer or other disposition by a beneficiary of his or her\nbeneficial interest under the trust.\n(11B) If the effect of an amendment or variation of the terms of a\nnon-discretionary trust is to create a discretionary trust, this Division\napplies in relation to the discretionary trust as if, at the time the\namendment or variation is made:\n(a) there are beneficiaries or classes of beneficiaries already\nexisting under the discretionary trust; and\n(b) the beneficiaries or classes of beneficiaries under the\ndiscretionary trust are added to the existing beneficiaries or\nclasses of beneficiaries.\n\nStamp Duty Act 1978 54\n(12) For this Division, if an interest or a shareholding in a corporation is\nacquired by virtue of a change in control of a beneficiary under, and\na change of or in control of a trustee of, a discretionary trust\nmentioned in paragraph (cd) of the definition of acquire:\n(a) the interest or shareholding over which the trust is declared is\ntaken to be the interest or shareholding acquired; and\n(b) the trustees are taken to be the persons who acquired the\n(c) the acquisition is taken to have occurred at the time of the\nlater of the changes.\n(13) For this Division, if an interest or a shareholding in a corporation is\nacquired by virtue of a statutory vesting:\n(a) the interest or shareholding that vests in the person or body\nconcerned is taken to be the interest or shareholding acquired;\nand\n(b) the person or body in whom the interest or shareholding vests\nis taken to be the person or body who acquired the interest or\n(c) the acquisition is taken to have occurred at the time the law by\nor under which the vesting occurs determines when the\ninterest or shareholding vests in the person or body.\n(14) The following provisions apply to a merger vesting of shares in a\nland-holding corporation:\n(a) for a merger vesting mentioned in section 4E(2):\n(i) a 100% shareholding in each of the merging entities is\ntaken to be the shareholding acquired; and\n(ii) entity A is taken to be the person who acquired the\nmerger is completed;\n(b) for a merger vesting mentioned in section 4E(3):\n(i) a 50% shareholding in each of the merging entities is\ntaken to be the shareholding acquired; and\n(ii) the merging entities are taken together to be the persons\nwho acquired the shareholding; and\n\nStamp Duty Act 1978 55\nmerger is completed;\n(c) for a merger vesting mentioned in section 4E(4):\n(i) a 100% shareholding in, or in each of, the merging entity\nor entities is taken to be the shareholding acquired; and\n(ii) entity B is taken to be the person who acquired the\nmerger is completed.\n(15) Subsection (16) applies to an acquisition of an interest in a\ncorporation if all of the following conditions are satisfied:\n(a) the acquisition is made only for one of the following purposes:\n(i) to enable the person (other than the corporation) from\nwhom the interest is acquired to obtain finance under an\narrangement (the finance arrangement), whether by\nway of renewal of the finance arrangement or otherwise;\n(ii) to enable the person to obtain an extension of the period\nfor which finance was obtained under the finance\narrangement;\n(i) the acquisition alone does not constitute a significant\ninterest in the corporation;\n(ii) an amount was deducted from the duty charged on a\nstatement lodged under section 56K in relation to the\nacquisition under section 56M(2)(c)(ix).\n(16) For this Division, if the conditions in subsection (15) are satisfied:\n(a) the person from whom the interest is acquired is taken to be\nstill holding the interest; and\n(b) the person acquiring the interest is taken not to be holding the\n(17) Subsection (16) ceases to have effect in relation to the persons\nmentioned in that subsection at the earlier of the following:\n(a) the enforcement or termination of the finance arrangement;\n\nStamp Duty Act 1978 56\n(b) the person mentioned in subsection (16)(b) is required under\nsection 56K(7) to relodge a statement.\n56CA Arrangement relating to certain entitlement\n(1) This section applies if the Commissioner is satisfied:\n(a) any of the following entitlements of a person is reduced\n(including reduced to nil) as a direct or indirect result of an\narrangement:\n(i) an entitlement in the distribution of the property of a\ncorporation as a shareholder on the winding up of the\ncorporation as described in section 56C(6);\n(ii) an entitlement on the distribution of a trust as described\nin section 56C(7); and\n(b) one of the following (a relevant transaction) occurs:\n(i) an acquisition of an interest or shareholding by a person\nin a land-holding corporation;\n(ii) an event that would be such an acquisition apart from\nthe arrangement.\n(2) Unless the Commissioner is satisfied the arrangement is not a tax\navoidance scheme or part of a tax avoidance scheme:\n(a) the arrangement must be disregarded for the purposes of this\nAct in relation to the relevant transaction; and\n(b) the Commissioner may determine that, in relation to the\nrelevant transaction, on a specified date:\n(i) the person has made an acquisition of an interest or\nshareholding in the land-holding corporation that\nis 100% or a lesser specified percentage; or\n(ii) the person has an entitlement to receive 100%, or a\nlesser specified percentage, of the unencumbered value\nof the property of the corporation or trust mentioned in\nsubsection (1)(a).\nExample for subsection (2)(a) and (b)(i)\nAn amendment of the constitution of a corporation has the effect of reducing to nil\nthe entitlement of all of its shareholders to the distribution of its property on its\nwinding up. The Commissioner considers the amendment is an arrangement\ncovered by this section.\n\nStamp Duty Act 1978 57\nThere has been a transfer of shares in the corporation (which is a relevant\ntransaction in relation to a land-holding corporation mentioned in\nsubsection (1)(b)). The reduction of the shareholders' entitlement must be\ndisregarded for this Act in relation to the transfer under subsection (2)(a). In\naddition, the Commissioner determines under subsection (2)(b)(i) that, in relation\nto the transfer, a person has acquired a 90% interest in the corporation on a\nspecified day. As a result, the person is liable to pay stamp duty in relation to the\nacquisition.\n(3) To avoid doubt, subsection (2) has effect in relation to the\napplication of section 56C(6) and (7) for the purposes of this Act.\n(4) Without limiting subsection (1), an arrangement includes:\n(a) a scheme as defined in section 4B(1); and\n(b) all or part of the constitution or rules of a corporation, or of the\nconstituent document of a trust; and\n(c) an amendment to the constitution, rules or constituent\ndocument.\n56CAA Acquisition of interest by share transfer\n(1) This section applies to an acquisition of an interest in a corporation\nthat is, or is to be, evidenced by a transfer of shares.\n(2) For this Act, the acquisition is taken to occur, on the earliest of the\nfollowing dates:\n(a) the date on which the documents evidencing the transfer of, or\nthe title to, the shares are delivered to the person acquiring\nthe shares or someone else on that person's behalf;\n(b) the date on which all or any part of the consideration for the\nshares is given to the person from whom the shares are\nacquired or someone else on that person's behalf;\n(c) the date on which the name of the person acquiring the shares\nis registered on the register of the members of the corporation.\n(3) Subsection (4) applies if:\n(a) the acquisition is taken to occur on the date mentioned in\nsubsection (2)(b); and\n(b) none of the events mentioned in subsection (2)(a) and (c) has\noccurred; and\n(c) the transaction for the transfer of the shares is rescinded,\nannulled or otherwise terminated.\n\nStamp Duty Act 1978 58\n(4) The Commissioner may:\n(a) determine the acquisition did not occur; and\n(b) assess or reassess a person's liability to pay duty accordingly.\n(5) If an acquisition of an interest in relation to shares in a corporation\nis taken to have occurred on a day under subsection (2):\n(a) the person acquiring the interest is taken to have become a\nshareholder of the corporation in relation to those shares on\nthat day; and\n(b) the person from whom the interest is acquired is taken to have\nceased to be a shareholder of the corporation in relation to\nthose shares on that day.\n(6) If the Commissioner subsequently determines under subsection (4)\nthat the acquisition did not occur:\n(a) the person mentioned in subsection (5)(a) is taken never to\nhave been the shareholder of the corporation in relation to\nthose shares as provided under that subsection; and\n(b) the person mentioned in subsection (5)(b) is taken never to\nhave ceased to be a shareholder of the corporation in relation\nto those shares as provided under that subsection.\n","sortOrder":56},{"sectionNumber":"56D","sectionType":"section","heading":"Lodgement of statements by trustees","content":"56D Lodgement of statements by trustees\n(1) If a person by a relevant acquisition acquires an interest in a land-\nholding corporation in the capacity of a trustee, the liability to\nprepare and lodge a statement under section 56K is not affected by\nthe fact that the acquisition is not made by the person beneficially,\nand this Division applies as if the acquisition had been made\nbeneficially.\n(2) Where the Commissioner considers that:\n(a) a beneficiary under a trust is related to another person who\nhas acquired an interest in a corporation; and\n(b) the beneficiary's interest when combined with that of the\nrelated person exceeds the trustee's interest;\non payment of the duty payable on the statement required to be\nlodged under section 56K by the beneficiary any duty paid by the\ntrustee in respect of the acquisition giving rise to the requirement\nfor that statement to be lodged shall be refunded to the trustee.\n\nStamp Duty Act 1978 59\n","sortOrder":57},{"sectionNumber":"56K","sectionType":"section","heading":"When statement to be lodged","content":"56K When statement to be lodged\n(1) Where, by a relevant acquisition, a person acquires an interest in a\nland-holding corporation, that person shall prepare and lodge with\nthe Commissioner a statement in respect of that acquisition.\n(2) If a relevant acquisition occurs through the aggregation of the\ninterests of related persons, the requirement imposed by\nsubsection (1) extends to each related person, but compliance by\none of them is to be regarded as compliance by all.\n(3) The statement under subsection (1) must be lodged within 60 days\nafter the occurrence of the relevant acquisition.\n(4) The statement must include:\n(a) the name and address of the person who has made the\nrelevant acquisition (including the names and addresses of\nany related persons to whom subsection (2) applies); and\n(b) the date of the relevant acquisition; and\n(c) particulars of the interest acquired and of all interests\npreviously acquired by the person or a related person and the\ndate on which each of those interests was acquired; and\n(d) the person's estimate of the unencumbered value of all land to\nwhich the corporation is entitled as at the date of the relevant\nacquisition and as at the date of each acquisition of an interest\nin the corporation by the person or a related person during the\nrelevant period; and\n(e) details of any duty paid under this Division in respect of any\nsuch acquisition within the relevant period.\n(5) A statement under subsection (1) shall be deemed, for the\npurposes of this Act, to be an instrument executed on the day on\nwhich the relevant acquisition occurred.\n(5A) Subsection (5B) applies if:\n(a) an amount is deducted from duty chargeable on a statement\nprepared and lodged under subsection (1) for a relevant\nacquisition of an interest by a person in a land-holding\ncorporation because of section 56M(2)(c)(i); and\n(b) the interposed trust becomes an unlisted unit trust scheme at\nany time within 3 years after the scheme is completed.\n\nStamp Duty Act 1978 60\n(5B) Despite section 56M(3), the person must, within 60 days after the\ninterposed trust becomes an unlisted unit trust scheme:\n(a) relodge the statement; and\n(b) pay duty (including interest and penalty tax) on it as if the\ndeduction had never applied.\n(6) Subsection (7) applies if:\n(a) an amount is deducted from the duty chargeable on a\nstatement prepared and lodged under subsection (1) for a\nrelevant acquisition of an interest by a person in a corporation\nbecause of section 56M(2)(c)(ix); and\n(b) it becomes apparent that neither of the following events will\noccur within 5 years after the relevant acquisition (or a longer\nperiod approved by the Commissioner in writing):\n(i) the person from whom the interest was acquired\nreacquiring the interest;\n(ii) if the relevant acquisition was by way of a mortgage –\nthe mortgagee exercising the mortgagee's power of sale\nin selling the interest to someone other than the person\nmentioned in subparagraph (i).\n(7) The person mentioned in subsection (6)(a) must, within 30 days\nafter it becomes apparent that the event mentioned in\nsubsection (6)(b)(i) or (ii) will not occur within the 5 years or longer\nperiod mentioned in that subsection:\n(a) relodge the statement; and\n(b) pay duty (including interest and penalty tax) on the statement\nas if the deduction had never applied.\n(8) The Commissioner may reassess duty on an instrument in relation\nto an acquisition, even though the time limit for reassessment under\nthe Taxation Administration Act 2007 may have passed, if:\n(a) the duty was assessed on the basis that an amount is to be\ndeducted under section 56M(2)(c)(ix); but\n(b) a statement is required to be relodged in relation to the\nacquisition under subsection (7) (whether or not the statement\nis in fact relodged).\n\nStamp Duty Act 1978 61\n(9) A person commits an offence if the person fails to comply with\nsubsection (1), (2), (3), (5B) or (7).\nMaximum penalty: 100 penalty units.\n","sortOrder":58},{"sectionNumber":"56M","sectionType":"section","heading":"Statement chargeable with duty","content":"56M Statement chargeable with duty\n(1) A statement lodged under section 56K is chargeable with duty at\nthe ad valorem rate applicable to a conveyance of dutiable property\nwith a dutiable value determined under section 56R.\n(2) However, there is to be deducted from the duty chargeable on a\nstatement lodged under section 56K:\n(a) the amount, if any, paid under Schedule 1, item 20 to the\nStamp Duty Act 1978 as in force before 1 July 2006 in respect\nof any instrument effecting or evidencing the acquisition of an\ninterest in the corporation within the relevant period in relation\nto the relevant acquisition, except duty:\n(i) previously deducted under this paragraph; or\n(ii) paid in respect of the acquisition of an interest referred\nto in paragraph (c); and\n(b) the amount, if any, paid under this Division (but not refunded)\non another statement lodged under section 56K in respect of\nthe portion of the dutiable value of the relevant acquisition\nspecified in that other statement that relates to the dutiable\nvalue of the acquisition of an interest in the corporation by the\nperson or any related persons within the relevant period in\nrelation to the relevant acquisition; and\n(c) the amount payable under this Division in respect of the\nacquisition of an interest in the corporation by the person or\nany related persons in any of the following circumstances:\n(i) if each of the following applies:\n(A) the acquisition is made for giving effect to a\nscheme that would qualify as a roll-over under\n","sortOrder":59},{"sectionNumber":"Subdiv 124","sectionType":"subdivision","heading":"Q of the Income Tax Assessment","content":"Subdivision 124-Q of the Income Tax Assessment\nAct 1997 (Cth);\n(B) when the scheme is completed, the interposed\ntrust will not be an unlisted unit trust scheme;\n\nStamp Duty Act 1978 62\n(C) the acquisition is not a tax avoidance scheme or\npart of a tax avoidance scheme;\nNote for subparagraph (i)\nIf the interposed trust becomes an unlisted unit trust scheme at any\ntime within 3 years after the scheme is completed, the statement\nlodged under section 56K(1) is required to be relodged for the\nCommissioner to reassess and impose duty as if the deduction did\nnot apply, see section 56K(5A) and (5B).\n(v) if the interest is acquired within the relevant period by\nvirtue of the vesting of marketable securities under a\ndeclaration of trust over shares and duty has already\nbeen paid under this Division in respect of an acquisition\nof that interest by virtue of the declaration of trust having\nbeen made when the marketable securities were to be\nvested in the declarant;\n(vi) if the interest is acquired within the relevant period by\nvirtue of the addition of a beneficiary or class of\nbeneficiaries to the existing beneficiaries under a\ndiscretionary trust and either of the following applies:\n(A) the existing and the additional beneficiaries are\nmembers of the same family;\n(B) the addition is not a tax avoidance scheme or part\nof a tax avoidance scheme;\n(vii) the acquisition occurs through a change in control of a\ncorporate beneficiary and a change in control of a\ndiscretionary trust and the Commissioner is satisfied that\nthe changes are not a tax avoidance scheme or part of a\ntax avoidance scheme;\n(ix) the Commissioner is satisfied the acquisition is made\nonly for any of the following purposes:\n(A) to enable a person (other than the corporation)\nfrom whom the interest is acquired to obtain\nfinance under an arrangement (the finance\narrangement), whether by way of renewal of the\nfinance arrangement or otherwise;\n(B) to enable the person to obtain an extension of the\nperiod for which finance was obtained under the\nfinance arrangement;\n\nStamp Duty Act 1978 63\n(C) to enable the person or someone providing finance\nto the person under the finance arrangement to\nenforce or terminate the finance arrangement;\n(x) if the interest is acquired within the relevant period in\nrelation to the relevant acquisition and duty is not\npayable in respect of the interest by virtue of section 22\nas in force before 1 July 2006 or by virtue of section 19\nor 20 as in force on or after 1 July 2006; and\n(d) the amount, if any, paid under Division 8B (but not refunded)\nfor the part of the duty for a merger vesting of land within the\nrelevant period in relation to the relevant acquisition.\n(2A) Subject to subsection (2B), there is to be deducted from the duty\nchargeable on a statement lodged under section 56K the amount\npayable by a person under this Division in respect of the proportion\nof the dutiable value of the acquisition of an interest in the\ncorporation in respect of land to which the corporation is entitled if\nthe interest is acquired within the relevant period by the person or\nany related persons and a direct conveyance of the land from the\nperson who held the interest to the person who acquired the\ninterest:\n(a) would not be liable to ad valorem duty because of a law of the\nTerritory (other than Division 2); or\n(b) would not be liable to duty because of an order or binding\nagreement under Part VIII, VIIIA or VIIIAB of the Family Law\nAct 1975 (Cth) in circumstances where both of the following\napply:\n(i) the order or agreement relates to the marriage (including\na void marriage or former marriage) or de facto\nrelationship (including a former de facto relationship) of\nthe person who held the interest and the person who\nacquired the interest;\n(ii) the person who acquired the interest is not an agent or\ntrustee of another person.\n(2B) Subsection (2A) applies only if an amount payable in respect of the\nacquisition of the interest in the corporation has not been deducted\nunder subsection (2)(c).\n\nStamp Duty Act 1978 64\n(3) Despite section 9, duty on a statement lodged under section 56K is\ndue and payable by the person liable to pay it:\n(a) on the date specified in the notice of assessment of the duty\nas the date on which the duty is due and payable; or\n(b) if no date is specified or no notice is served – within 60 days\nafter the occurrence of the relevant acquisition.\n","sortOrder":60},{"sectionNumber":"56N","sectionType":"section","heading":"Corporation to which Division applies","content":"56N Corporation to which Division applies\n(1) This Division applies to a land-holding corporation in which a\nperson acquires a relevant acquisition.\n(2) A land-holding corporation is a corporation entitled to land that has\nan unencumbered value of at least $500 000.\n56NA Linked entity\n(1) A linked entity of a corporation is a person who is part of a chain of\npersons:\n(a) that includes the corporation; and\n(b) that is comprised of one or more links; and\n(c) in which a link exists if a person, whether alone or together\nwith other linked entities, would be entitled to receive at least\n20% of the unencumbered value of the property of another\nperson in the chain (the property-holder).\n(2) For subsection (1)(c), a person's entitlement at a particular time is\ndetermined in the following way:\n(a) if the property-holder is a corporation – as an entitlement to\nparticipate as a shareholder in the distribution of the property\non a winding-up of the corporation, at that time, calculated in\naccordance with section 56C(6);\n(b) if the property-holder is a trustee of a trust – as an entitlement\non the distribution of the trust, at that time, determined in\naccordance with section 56C(7).\n56NB Unencumbered value of land of corporation\n(1) The unencumbered value of land to which a corporation is entitled\nat a particular time is the aggregate of the following amounts:\n(a) the unencumbered value, at that time, of land to which the\ncorporation is entitled in its own right;\n\nStamp Duty Act 1978 65\n(b) the portion of the unencumbered value, at that time, of land to\nwhich the corporation would be entitled if each linked entity\nwere to be wound up.\n(2) For subsection (1)(b), the portion of the unencumbered value to\nwhich the corporation would be entitled is the value determined\nwithout regard to any liabilities of a linked entity.\n(3) For this section:\n(a) a person is taken to be entitled to land that is subject to an\nagreement for the sale or purchase of the land by the person;\nand\n(b) a person who is entitled to land as a co-owner of the land is\ntaken to be entitled to the whole of the land unless the\nCommissioner is satisfied the reason for the person being a\nco-owner is not to defeat the object of this Division.\n","sortOrder":61},{"sectionNumber":"56P","sectionType":"section","heading":"Meaning of relevant acquisition","content":"56P Meaning of relevant acquisition\n(1) An acquisition of an interest in a corporation by a person is a\nrelevant acquisition for this Division:\n(a) if it is an acquisition that alone constitutes a significant interest\nin the corporation; or\n(b) if, when aggregated with other interests in the corporation held\nby the person, or the person and related persons, it\nconstitutes a significant interest in the corporation; or\n(c) if, by the acquisition, a person who has a significant interest in\nthe corporation or an interest referred to in paragraph (b)\nacquires a further interest in the corporation.\n(2) In addition, the Commissioner may determine a person has made a\nrelevant acquisition on a specified date of an interest in a\ncorporation that is 100% or a lesser specified percentage if the\nCommissioner considers:\n(a) the person has acquired the control of the corporation; and\n(b) the control is acquired otherwise than by a relevant acquisition\nmentioned in subsection (1).\n(3) For subsection (2), a person acquires the control of a corporation if\nthe person acquires the capacity to determine or influence the\noutcome of decisions about any of the corporation's financial and\noperating policies (whether directly or indirectly), taking into account\n\nStamp Duty Act 1978 66\nall of the following:\n(a) any enforceable rights the person has over those policies;\n(b) any practical influence the person can exert over those\npolicies;\n(c) any other practice or behaviour of the person that might affect\nthose policies (whether or not the practice or behaviour\ninvolves a breach of an agreement or of a trust).\n(4) A reference to a person in subsections (2) and (3) includes a\nreference to a person acting alone or together with related persons.\n","sortOrder":62},{"sectionNumber":"56Q","sectionType":"section","heading":"Interest and significant interest in corporation","content":"56Q Interest and significant interest in corporation\n(1) A person has an interest in a corporation if the person has or would\nhave, on the winding up of the corporation, an entitlement as a\nshareholder to a distribution of the corporation's property.\n(3) A person's interest in a corporation is the person's entitlement\nexpressed as a percentage of the value of all of the corporation's\nproperty that would be distributed if the corporation were wound up\nimmediately after the person acquires the interest.\n(4) A person has a significant interest in a corporation if the person's\nentitlement, as mentioned in subsection (3), is:\n(a) for a listed corporation or listed unit trust scheme:\n(i) for a merger vesting of shares – 50% or more of all the\nproperty of the corporation or scheme; or\n(ii) otherwise – 90% or more of all the property of the\ncorporation or scheme; or\n(b) for another corporation or unit trust scheme – 50% or more of\nall the property of the corporation or scheme.\n","sortOrder":63},{"sectionNumber":"56R","sectionType":"section","heading":"How dutiable value determined","content":"56R How dutiable value determined\n(1) Where section 56M(1) applies, duty is chargeable in accordance\nwith this section on the basis of the unencumbered value (in this\nsection called the dutiable value) of the land to which the\ncorporation is entitled.\n(2) The dutiable value of an interest in a corporation is the amount\ncalculated by multiplying the interest by the unencumbered value of\nthe land to which the corporation is entitled at the date the interest\nis acquired.\n\nStamp Duty Act 1978 67\n(3) Where a person acquires an interest in a corporation that is a\nrelevant acquisition, the dutiable value of the acquisition is the\naggregate of the amounts, severally calculated as provided by\nsubsection (2), of the value of that interest and of the value of each\nother interest acquired by the person or a related person within the\nrelevant period in relation to the relevant acquisition.\n","sortOrder":64},{"sectionNumber":"56S","sectionType":"section","heading":"Liability for duty","content":"56S Liability for duty\n(1) Where a statement is required to be lodged under section 56K:\n(a) the person who is required to lodge the statement; and\n(b) the corporation in which the interest is acquired; and\n(c) any related person with whose interest the person's interest is\naggregated;\nare jointly and severally liable for the duty chargeable under this\nDivision.\n(3) If:\n(a) an agreement to purchase land by a corporation or a linked\nentity of a corporation is not completed but duty has been\nassessed and imposed under this Division as if the\ncorporation or linked entity owned the land; or\n(b) an agreement to sell land by a corporation or a linked entity of\na corporation is completed but duty has been assessed and\nimposed under this Division before the completion of the\nagreement as if the corporation or linked entity owned the\nland,\nthe Commissioner must reassess the duty imposed and, in doing\nso, must disregard the land for the purposes of determining whether\nthe corporation is a land-holding corporation and assessing duty\npayable.\n(5) Subsection (3) does not apply if an agreement referred to in that\nsubsection is a tax avoidance scheme or part of a tax avoidance\n","sortOrder":65},{"sectionNumber":"56T","sectionType":"section","heading":"Unit trust schemes","content":"56T Unit trust schemes\nUnless the context indicates or requires otherwise, this Division\napplies to a unit trust scheme as if:\n(a) the unit trust scheme were a corporation; and\n\nStamp Duty Act 1978 68\n(b) a unit in the unit trust scheme were a share in a corporation;\nand\n(c) the acquisition of units in the unit trust scheme were the\nacquisition of shares in a corporation; and\n(d) a reference to the constitution or rules of a corporation were a\nreference to the constituent documents of a unit trust scheme;\nand\n(e) a reference to a winding-up of a corporation were a reference\nto a termination of a unit trust scheme.\n","sortOrder":66},{"sectionNumber":"Div 8B","sectionType":"division","heading":"Imposition of duty on statutory vesting and merger","content":"Division 8B Imposition of duty on statutory vesting and merger\nvesting of dutiable property\n","sortOrder":67},{"sectionNumber":"56W","sectionType":"section","heading":"Duty on a statutory and merger vesting of dutiable property","content":"56W Duty on a statutory and merger vesting of dutiable property\n(1) The statutory or merger vesting of dutiable property is a\nconveyance of the property.\n(2) The relevant entity, body or person in whom the dutiable property\nvests is liable for duty on the conveyance at the ad valorem\nconveyance rate.\n(3) The relevant entity, body or person in whom the dutiable property\nvests must, within 60 days after the date of the vesting, lodge a\nstatement with the Commissioner:\n(a) identifying the dutiable property subject to the vesting; and\n(b) stating the unencumbered value of the dutiable property.\n(4) Duty is payable on the statement as if it were the instrument of\n","sortOrder":68},{"sectionNumber":"57","sectionType":"section","heading":"Owner to pay duty","content":"57 Owner to pay duty\n(1) If a certificate of registration for a motor vehicle is, on issue, liable\nto duty, the applicant for registration of the motor vehicle must,\nbefore the issue of the certificate, pay to the Registrar an amount\nequal to the duty payable on the certificate.\n\nStamp Duty Act 1978 69\n(2) If a motor vehicle:\n(a) has been kept in the Territory for a period of less than\n12 months; and\n(b) has, during that period, been available for hire or lease to the\npublic from a person carrying on the business of hiring or\nleasing motor vehicles (without provision of a driver) to the\npublic;\nthe Commissioner may, on application, assess the duty payable on\nthe certificate as a proportion of the duty actually paid that the\nnumber of months the vehicle was kept in the Territory during the\nregistration period (counting a part of a month as a whole month)\nbears to the number of months in the registration period.\n","sortOrder":69},{"sectionNumber":"58","sectionType":"section","heading":"Registrar not to register unless duty paid","content":"58 Registrar not to register unless duty paid\n(1) The Registrar notwithstanding anything contained in the Motor\nVehicles Act 1949, shall not register a motor vehicle where the\nmotor vehicle certificate of registration in respect of that vehicle is\nliable to duty unless:\n(a) there has been paid to the Registrar in respect of the\nregistration the duty payable on the certificate; and\n(b) the Registrar is satisfied that the duty paid on the certificate\nwas based on the dutiable value of the motor vehicle.\n(2) The Registrar shall pay to the Commissioner the amount of the duty\nreceived by him under this section.\n","sortOrder":70},{"sectionNumber":"59","sectionType":"section","heading":"Assessment of duty payable on motor vehicle certificate of","content":"59 Assessment of duty payable on motor vehicle certificate of\nregistration\n(1) In this section:\nadditional equipment means all equipment which is an integral\npart of the motor vehicle or added to the motor vehicle before\nregistration and, without limiting the meaning, includes all features\nactually fitted by the manufacturer or usually fitted by a\nmanufacturer, including air conditioning.\napplication for registration of a motor vehicle includes an\napplication for the transfer of registration.\ndutiable value means:\n(a) in the case of the transfer of a motor vehicle by a sale and\npurchase at arm's length – the sum of the amount for which\n\nStamp Duty Act 1978 70\nthe motor vehicle and any additional equipment in or added to\nthe motor vehicle was sold (which is to include any deposit\npaid and any trade-in allowance) and the amount paid for\ndealer delivery charges; or\n(b) in any other case – the market value of the motor vehicle and\nthe additional equipment in or added to the motor vehicle as at\nthe date the transaction that gives rise to the application for\nregistration of the motor vehicle is entered into or at the date\nthe application for registration is made, whichever is the\ngreater.\n(1A) For the purposes of this section, the dutiable value of a motor\nvehicle is to be calculated without any deduction or discount for the\namount of GST (if any) payable in relation to the supply of the\nvehicle.\n(2) Where a motor vehicle certificate of registration is liable to duty, it\nshall be assessed on the dutiable value of the motor vehicle and\nthe applicant for registration of the motor vehicle shall declare the\ndutiable value on an approved form.\n(3) Where an application for registration relates to the transfer of a\nmotor vehicle, within 14 days after the date of the transfer, the\ntransferor shall notify on the form of application or in another\napproved manner the amount received as consideration for the\ntransfer.\n(4) The Commissioner or the Registrar may require the applicant or\ntransferor (as the case requires) to provide, within the time\nspecified, the further information that the Commissioner or\nRegistrar considers necessary to determine:\n(a) whether duty is payable under this Division; or\n(b) if duty is payable, the amount of duty.\n(5) A person must not:\n(a) fail, refuse or neglect to comply with subsection (2) or (3) or a\nrequirement under subsection (4); or\n(b) in purported compliance with subsection (2) or (3) or a\nrequirement under subsection (4), provide information that is\nfalse in a material particular.\n\n","sortOrder":71},{"sectionNumber":"Div 15","sectionType":"division","heading":"Transactions otherwise than by dutiable instruments","content":"Division 15 Transactions otherwise than by dutiable instruments\nStamp Duty Act 1978 71\n","sortOrder":72},{"sectionNumber":"59A","sectionType":"section","heading":"Refund of duty if sale of motor vehicle cancelled","content":"59A Refund of duty if sale of motor vehicle cancelled\nThe Commissioner must refund the amount of duty paid on a motor\nvehicle certificate of registration if the Commissioner is satisfied\nthat:\n(a) the transaction to which the motor vehicle certificate of\nregistration relates has been cancelled; and\n(b) the motor vehicle the subject of the transaction has been\nreturned to the person from whom it was purchased; and\n(c) all money refundable on the cancellation of the transaction\n(other than the amount of duty paid) has been refunded to the\nperson who purchased the vehicle.\n","sortOrder":73},{"sectionNumber":"60","sectionType":"section","heading":"How duty denoted","content":"60 How duty denoted\nThe payment of duty on a motor vehicle certificate of registration\nshall be denoted by an approved means.\n","sortOrder":74},{"sectionNumber":"61","sectionType":"section","heading":"Exemption to be claimed in declaration","content":"61 Exemption to be claimed in declaration\nA person claiming an exemption from paying duty on a motor\nvehicle certificate of registration shall, with his application for\nregistration, lodge with the Registrar a declaration stating the\ngrounds on which the exemption is claimed.\nDivision 15 Transactions otherwise than by dutiable\ninstruments\n","sortOrder":75},{"sectionNumber":"83B","sectionType":"section","heading":"Payment of duty on statement in absence of dutiable","content":"83B Payment of duty on statement in absence of dutiable\ninstrument\n(a) a dutiable transaction occurs; and\n(b) the transaction is not effected or evidenced by a dutiable\ninstrument or such an instrument existed but has been lost or\ndestroyed;\nthe responsible party must lodge a statement in respect of the\ntransaction with the Commissioner.\n(2) The statement:\n(a) must be in the approved form; and\n\nDivision 15 Transactions otherwise than by dutiable instruments\nStamp Duty Act 1978 72\n(b) must be lodged within 60 days after the date of the dutiable\ntransaction to which it relates.\n(3) The statement is a dutiable instrument that is liable to duty in the\nsame way, and to the same extent, as if it were an instrument\neffecting the dutiable transaction executed on the date of that\ntransaction.\n(4) Duty on the statement must be paid on or before the last day\nallowed for its lodgement or a later date fixed in a notice of\nassessment of duty.\n(5) If a statement is not lodged, or duty is not paid, as required by this\nsection, the responsible party is guilty of an offence.\nMaximum penalty: 100 penalty units.\n(6) A statement is not liable to duty under this section if the\nCommissioner is satisfied that the relevant transaction:\n(a) is not a tax avoidance scheme or part of a tax avoidance\nscheme; and\n(b) the relevant transaction is:\n(i) the appointment of a receiver or trustee in bankruptcy; or\n(ii) the appointment of a liquidator under the Corporations\nAct 2001; or\n(iii) the making of a compromise or arrangement under\nPart 5.1 of the Corporations Act 2001; or\n(iv) the issue or redemption of units in a unit trust scheme; or\n(v) a transfer of property by way or pledge or security; or\n(vi) the release or termination of an option to purchase\ndutiable property.\n","sortOrder":76},{"sectionNumber":"83C","sectionType":"section","heading":"Stamping of other instruments related to same transaction","content":"83C Stamping of other instruments related to same transaction\n(1) If a statement relating to a dutiable transaction is duly stamped\nunder this Division, the statement is to be regarded as a duly\nstamped instrument evidencing the relevant transaction.\n(2) It follows that, if an instrument effecting the relevant transaction or\nanother instrument evidencing the transaction is later produced for\nstamping, it may be stamped without further payment of ad valorem\nduty.\n\nStamp Duty Act 1978 73\n","sortOrder":77},{"sectionNumber":"83E","sectionType":"section","heading":"Aiding and abetting","content":"83E Aiding and abetting\nA person who:\n(a) directly or indirectly, aids, abets, counsels or procures another\nperson to enter into a transaction to which this Division\napplies; or\n(b) is, in any way, by act or omission, directly or indirectly\nconcerned in, or party to, the entry by another person into a\ntransaction to which this Division applies,\nknowing or believing that the other person does not intend to lodge\na statement under section 83B and pay duty in accordance with this\nDivision in respect of the transaction, is guilty of an offence.\nMaximum penalty: 85 penalty units.\n","sortOrder":78},{"sectionNumber":"84","sectionType":"section","heading":"Assessment of duty on instruments","content":"84 Assessment of duty on instruments\n(1) The Commissioner must assess the duty payable on an instrument\nlodged for assessment.\n(2) On payment of the amount of duty assessed (together with any\ninterest and penalty tax), the Commissioner must stamp the\ninstrument with a stamp indicating the payment of duty.\n(3) An instrument is not to be stamped until the assessed duty\n(together with any interest and penalty tax) has been paid.\n(4) If the Commissioner decides, on the assessment, that no duty is\npayable, the Commissioner may stamp the instrument with a stamp\nindicating that no duty is payable.\n","sortOrder":79},{"sectionNumber":"85","sectionType":"section","heading":"Retaining and impounding of instruments","content":"85 Retaining and impounding of instruments\n(1) The Commissioner may retain possession of an instrument lodged\nfor assessment of duty until the assessment is completed and any\nduty payable (including interest and penalty tax) has been paid.\n(2) The Commissioner may retain possession of a dutiable instrument\nseized in the course of an authorised investigation until an\nassessment is completed and any duty payable (including interest\nand penalty tax) has been paid.\n\nStamp Duty Act 1978 74\n(3) This section does not relieve the Commissioner from the obligation\nto produce the instrument before a court when required to do so by\norder or process of a court.\n","sortOrder":80},{"sectionNumber":"86","sectionType":"section","heading":"Creation of memorandum for the purpose of assessment","content":"86 Creation of memorandum for the purpose of assessment\n(1) If the Commissioner has reason to suspect that:\n(a) a dutiable transaction has occurred; but\n(i) no instrument has been lodged in relation to the\ntransaction for the assessment of duty;\n(ii) it is impractical or impossible for the instrument, or a\ncopy of the instrument, to be lodged for assessment or\nreassessment of duty;\nthe Commissioner may create a memorandum of the transaction.\n(2) The memorandum is to be assessed for duty as if it were a dutiable\ninstrument relating to the dutiable transaction brought into existence\non the date of the dutiable transaction and lodged for the\nassessment of duty under this Act on the date of its creation by the\n(3) If:\n(a) a motor vehicle registered under the Motor Vehicles Act 1949\nis sold or disposed of; and\n(i) the new owner does not apply to the Registrar for\ntransfer of registration of the vehicle within the period\nrequired by that Act;\n(ii) the duty paid by the new owner in relation to the\nregistration of the vehicle is not based on the dutiable\nvalue of the vehicle as worked out under section 59;\nthe Commissioner may create a memorandum and assess it for\nduty as the certificate of registration that might have been issued if\nan application for transfer of registration had been made as\nrequired.\n(4) If a memorandum is created under subsection (3), the new owner of\nthe vehicle is liable to interest and penalty tax on the basis that a\ndefault in the payment of the duty assessed on the memorandum\n\nStamp Duty Act 1978 75\noccurred at the end of the period within which an application for\ntransfer of registration should have been made.\n","sortOrder":81},{"sectionNumber":"87","sectionType":"section","heading":"Exemption from duty on conveyance of family farming","content":"87 Exemption from duty on conveyance of family farming\nproperty to family members, family companies or family trusts\n(1) A conveyance of farming property is exempt from stamp duty if the\nCommissioner is satisfied, on an application for exemption, that:\n(a) the main purpose of the conveyance is to pass, or facilitate the\npassing, of a farming property, or the benefit of a farming\nproperty, from one generation of a family to a later generation\nor between members of the same generation; and\n(b) the conveyance is eligible for exemption from stamp duty\nunder this section.\n(2) A conveyance of farming property is eligible for exemption from\nstamp duty if the conveyor is a natural person who does not hold\nthe property as trustee and the property is conveyed to one or more\nof the following:\n(a) a member of the conveyor's family who will not hold the\nproperty as trustee;\n(b) a company that will not hold the property as trustee if:\n(i) all the shareholders are members of the conveyor's\nfamily; and\n(ii) no shareholder holds or will hold any shares in the\ncompany as trustee;\n(c) a person who will hold the property as trustee if:\n(i) all the beneficiaries of the trust are members of the\nconveyor's family; and\naltered, specifying that only members of the conveyor's\nfamily may be beneficiaries of the trust and no\n\nStamp Duty Act 1978 76\n(3) A conveyance of farming property is eligible for exemption from\nstamp duty if the conveyor is a family company that does not hold\nthe property as trustee (the conveyor company) and the property\nis conveyed to one or more of the following:\n(a) a member of the same family as the shareholders of the\nconveyor company who will not hold the property as trustee;\n(b) a family company that will not hold the property as trustee (the\nconveyee company) if:\n(i) the shareholders of the conveyor company and the\nconveyee company are all members of the same family;\nand\n(ii) no shareholder of the conveyee company holds or will\nhold any shares in that company as trustee;\n(c) a person who will hold the property as trustee if:\n(i) the beneficiaries of the trust and the shareholders of the\nconveyor company are all members of the same family;\nand\naltered, specifying that only members of the relevant\nfamily may be beneficiaries of the trust and no\n(4) A conveyance of farming property is eligible for exemption from\nstamp duty if the conveyor is the trustee of a family trust (the\nconveyor trust) and the property is conveyed to one or more of the\n(a) a member of the family for which the conveyor trust is\nestablished who will not hold the property as trustee;\n(b) a family company that will not hold the property as trustee if:\n(i) the shareholders of the company and the beneficiaries of\nthe conveyor trust are all members of the same family;\nand\n(ii) no shareholder holds or will hold any shares in the\ncompany as trustee;\n\nStamp Duty Act 1978 77\n(c) a person who will hold the property as trustee of a family trust\n(the conveyee trust) if:\n(i) the beneficiaries of the conveyor trust and the conveyee\ntrust are all members of the same family; and\naltered, specifying that only members of the relevant\nfamily may be beneficiaries of the conveyee trust and no\n(5) However, a conveyance is not eligible for exemption from stamp\nduty under this section:\n(a) if the Commissioner is satisfied the conveyance arises from a\nscheme with the principal purpose of taking advantage of the\nbenefit of the exemption from stamp duty; or\n(b) if a conveyee does not intend to use the farming property\nsolely or principally for farming purposes; or\n(c) if the conveyance also conveys property that is not farming\n(d) if any prescribed condition is not complied with; or\n(e) if the conveyance occurs within 5 years after the date of an\nearlier conveyance of the same, or part of the same, farming\nproperty for which an exemption was allowed under this\nsection (or a corresponding previous enactment).\n","sortOrder":82},{"sectionNumber":"88","sectionType":"section","heading":"Interpretation","content":"88 Interpretation\nAustralian citizen, see section 3 of the First Home Owner Grant\nbuilt – a home is taken to have been built on land if it is relocated,\nand affixed, to the land.\ncomprehensive home building contract, see section 3 of the\nFirst Home Owner Grant Act 2000.\nconveyance includes the grant or transfer of a lease or sublease\nmentioned in section 5(2) of the First Home Owner Grant Act 2000.\n\nStamp Duty Act 1978 78\nconveyee includes a lessee and sublessee under a lease or\nsublease mentioned in section 5(2) of the First Home Owner Grant\nestablished home means a home that is not a qualifying home as\ndefined in section 90AA.\nfirst home owner concession means a concession from the\npayment of duty on a conveyance of land equal to the lesser of:\n(b) the duty payable on a conveyance of land with a dutiable\nvalue of $540 000.\nfirst home owner discount means a concession from the payment\nof duty on a conveyance of land equal to:\n(a) for a conveyance first executed on or after 24 May 2016 but\nbefore 1 September 2016 – the lesser of:\n(i) 50% of the duty assessed as payable on the\n(ii) $10 000; or\n(b) for a conveyance first executed on or after 1 September 2016\nbut before 7 May 2019, if the dutiable value of the land does\nnot exceed the threshold amount:\n(i) an amount prescribed by regulation; or\n(ii) if no amount is prescribed as mentioned in\nsubparagraph (i) – the lesser of:\n(A) the total amount of duty assessed as payable on\nthe conveyance; or\n(B) the duty payable on a conveyance of land with a\ndutiable value of $500 000; or\n(c) for a conveyance first executed on or after 1 September 2016\nbut before 1 January 2017, if the dutiable value of the land\nexceeds the threshold amount – $10 000.\nfirst home owner grant, see section 3 of the First Home Owner\nhome, see section 4 of the First Home Owner Grant Act 2000.\n\nStamp Duty Act 1978 79\noff-the-plan contract means a contract for the purchase of a home\nthat has not been previously occupied or sold as a place of\nresidence on a proposed lot on a plan of any of the following kinds,\nwhether or not the plan is registered in the land register under the\nLand Title Act:\n(a) a plan of subdivision as defined in section 4 of the Land Title\nAct 2000;\n(b) a plan of survey as defined in section 4 of the Land Title\nAct 2000;\n(c) a units plan as defined in section 4(1) of the Unit Titles\nAct 1975;\n(d) a plan of any other kind (however described) that is defined in\nanother Act and prescribed by regulation as a plan for this\ndefinition.\nowner builder, see section 3 of the First Home Owner Grant\nperiod for occupancy, of a home, means:\n(a) if the home is built on the land at the relevant\ntime – 12 months after the date the conveyees become\nentitled to possession of the land under the conveyance; or\n(b) if there is no home built on the land at the relevant time and\nthe conveyees are owner builders of the home or have\nentered into a comprehensive home building contract for the\nhome – the earlier of the following:\n(i) 5 years after the date the conveyees become entitled to\npossession of the land;\n(ii) 12 months after completion of the building of the home;\nor\n(c) if there is no home built on the land at the relevant time and\nthe conveyees have entered into an off-the-plan contract for\nthe home – 12 months after the date the conveyees become\nentitled to possession of the land under the conveyance; or\n(d) in any case – the longer period approved by the\nCommissioner under this Division.\npermanent resident, see section 3 of the First Home Owner Grant\n\nStamp Duty Act 1978 80\nprescribed period means:\n(a) a continuous period of 6 months; or\n(b) a shorter continuous period approved by the Commissioner\nunder this Division.\nprincipal place of residence rebate means a concession from the\npayment of duty on a conveyance of land equal to the lesser of:\n(b) the following:\n(i) for a conveyance that was first executed before\n4 December 2012 – $3 500;\n(ii) for a conveyance that is first executed on or after\n4 December 2012 – $7 000.\nrelevant interest means:\n(a) an interest (other than a non-conforming interest) that is a\nrelevant interest under section 5 of the First Home Owner\nGrant Act 2000; or\n(b) an interest in residential property in a State or another\nTerritory of the Commonwealth that is a relevant interest (but\nnot a non-conforming interest) under a law of that State or\nTerritory corresponding to the First Home Owner Grant\nrelevant time, in relation to a conveyance of land, means:\n(a) if one instrument effects or evidences the conveyance – the\ntime when the instrument is executed; or\n(b) if more than one instrument effects or evidences the\nconveyance – the time when the first of the instruments is\nexecuted.\nresidential property, see section 3 of the First Home Owner Grant\n\nStamp Duty Act 1978 81\nsenior, pensioner and carer concession means a concession\nfrom the payment of duty on a conveyance of land equal to the\nlesser of the following:\nconveyance;\n(b) the following:\n(i) for a conveyance that was first executed before\n28 April 2015 – $8 500;\n(ii) for a conveyance that is first executed on or after\n28 April 2015 – $10 000.\nTerritory home owner discount means a concession:\n(a) from the payment of duty on a conveyance of land that is\nequal to the lesser of:\n(i) the total amount of duty assessed as payable on the\n(ii) $18 601; and\n(b) that applies if the dutiable value of the land does not exceed\nthe threshold amount.\nthreshold amount means:\n(a) an amount prescribed by regulation; or\n(b) if no amount is prescribed as mentioned in paragraph (a) –\n$650 000.\n(2) If the Commissioner is satisfied that, at the relevant time, a person:\n(a) is married but not cohabiting with the spouse to whom the\nperson is married (the married spouse); and\n(b) has no intention of resuming cohabitation;\nthe married spouse is not to be regarded for the purposes of the\napplication as the person's spouse.\n","sortOrder":83},{"sectionNumber":"88A","sectionType":"section","heading":"Application of Division","content":"88A Application of Division\nExcept if otherwise expressly provided, this Division applies to\nconveyances first executed on or before 30 June 2021.\n\nStamp Duty Act 1978 82\n","sortOrder":84},{"sectionNumber":"89","sectionType":"section","heading":"First home owner concession","content":"89 First home owner concession\n(1A) This section does not apply in relation to a conveyance that was\nfirst executed on or after 4 December 2012.\n(1) The conveyee or conveyees of land are entitled to the first home\nowner concession if, on an application for the concession, the\nCommissioner is satisfied that:\n(a) the conveyee or each of the conveyees is an individual; and\n(b) the conveyee is, or at least one of the conveyees is, at least\n18 years of age at the relevant time; and\n(c) the conveyee, or at least one of the conveyees, is an\nAustralian citizen or a permanent resident at the time of\nmaking the declaration mentioned in subsection (8); and\n(d) no conveyee and no spouse of a conveyee at the relevant\ntime has previously received the first home owner concession\nor a corresponding concession under an earlier enactment;\nand\n(e) no conveyee, and no spouse of a conveyee at the relevant\ntime, has previously had a relevant interest in a residential\nproperty that was occupied by the conveyee or spouse as a\nresidence; and\n(f) no conveyee has a beneficial interest in the land the subject of\nthe conveyance; and\n(g) the conveyee or conveyees will acquire the whole beneficial\ninterest in the land the subject of the conveyance; and\n(h) no conveyee will acquire an interest in the land in the capacity\n(i) the conveyee or conveyees will occupy a home on the land or\nto be built on the land as their principal place of residence for\nthe prescribed period commencing within the period for\noccupancy; and\n(j) either of the following applies:\n(i) if at the relevant time there is a home on the land or the\nconveyance is an off-the-plan contract – the dutiable\nvalue of the land does not exceed $750 000;\n\nStamp Duty Act 1978 83\n(ii) if at the relevant time there is no home on the land – the\ndutiable value of the land does not exceed $385 000;\nand\n(k) the conveyee or conveyees become entitled to possession of\nthe land within:\nsubsection (12).\n(3) If a conveyee or conveyees fail, or will fail, to occupy a home on the\nland as their principal place of residence:\nthe conveyee or conveyees must, within 30 days after the date on\nwhich it first becomes apparent that the failure will occur, give\nwritten notice to the Commissioner of the failure or impending\nfailure.\nNote\n(3A) The Commissioner may reassess duty on the conveyance even\nwould otherwise receive the concession if the time limit had not\npassed.\n(4) If a conveyee or conveyees fail to occupy a home on the land as\ntheir principal place of residence:\nthe Commissioner must, even though the time limit for\nreassessment under the Taxation Administration Act 2007 may\nhave passed, reassess duty on the conveyance on the basis that\nthe conveyee or conveyees were not eligible for the first home\nowner concession unless, in the Commissioner's opinion, there are\nspecial reasons for not making the reassessment.\n\nStamp Duty Act 1978 84\n(5) If duty is reassessed under subsection (4), and duty (and any\ninterest and penalty tax) payable on the reassessment is paid, then,\nfor the purposes of any future application by the conveyee, or any\nof the conveyees, for the first home owner concession:\n(a) the grant of the concession will be ignored; and\n(b) the interest in residential property acquired under the\nconveyance on which duty was reassessed will be ignored.\n(6) This section applies to the acquisition by a person, other than the\nunder section 22 or 24 of the Housing Act 1982 as if the person\nwere acquiring 100% of the land or, if 2 or more persons are\nacquiring the interest, the persons were acquiring 100% of the land\nin the same proportions as they are acquiring the interest.\n(7) If a person acquires land or an interest in land as guardian of a\n(b) the applicant for the first home owner concession; and\n(c) if the concession is granted – the recipient of the concession.\n(8) A person applying for the first home owner concession, and the\nperson's spouse (if any), must give to the Commissioner a\n(9) The Commissioner may exempt a conveyee from the requirement\naffecting, eligibility for or entitlement to a first home owner\nconcession.\n(10) If the Commissioner refuses to exempt a conveyee under\nsubsection (9), the conveyee's acquisition of a relevant interest in\nresidential property under the conveyance will be ignored for the\npurposes of a future application by the conveyee for the first home\nowner concession.\n\nStamp Duty Act 1978 85\nmay:\nsubsection (1)(i).\n(12) If satisfied there are special reasons to do so, the Commissioner\nrequired under subsection (1)(k) to become entitled to possession\nof the land.\n89AA First home owner discount\n(1) This section applies in relation to a conveyance first executed on or\nafter 24 May 2016 but before 7 May 2019.\n(2) A conveyee of land is entitled to the first home owner discount if, on\nan application for the discount, the Commissioner is satisfied that:\n(a) the conveyee is an individual; and\n(b) subject to subsection (9), the conveyee is at least 18 years of\nage at the relevant time; and\n(c) the conveyee is an Australian citizen, or a permanent resident,\nat the time the conveyee gives the declaration mentioned in\nsubsection (8); and\n(d) neither the conveyee, nor a spouse of the conveyee at the\nrelevant time, has previously received any of the following:\n(i) a first home owner grant;\n(ii) the first home owner discount;\n(iii) the first home owner concession;\n(iv) the senior, pensioner and carer concession;\n(v) the principal place of residence rebate;\n(vi) a corresponding grant, discount, concession or rebate\nunder an earlier enactment; and\n\nStamp Duty Act 1978 86\n(e) neither the conveyee, nor a spouse of the conveyee at the\nrelevant time, has previously had a relevant interest in a\nresidential property; and\n(f) the conveyee has no beneficial interest in the land the subject\nof the conveyance; and\n(g) the conveyee will acquire the whole beneficial interest in the\nland the subject of the conveyance; and\n(h) the conveyee will not acquire an interest in the land in the\ncapacity of a trustee; and\n(i) subject to subsection (10), the conveyee will occupy an\nestablished home on the land as the conveyee's principal\nplace of residence for the prescribed period commencing\nwithin the period for occupancy; and\n(j) the conveyee becomes entitled to possession of the land\nsubsection (11); and\n(k) the conveyee is not entitled to, and will not become entitled to,\na first home owner grant in relation to the conveyance or the\nconstruction of a home on the land.\nNotes for subsection (2)\n1 See subsection (12) for how these requirements apply if there are multiple\nconveyees under a conveyance.\n2 See section 90B for eligibility for the first home owner discount if the\n(3) Subsection (2)(d) does not apply if:\n(a) the previous grant has been repaid; or\n(b) the duty that would have been payable but for the previous\ndiscount, concession or rebate, has been paid.\n(4) In deciding for subsection (2)(e) whether a conveyee or spouse had\na relevant interest in residential property at a particular time, the\nCommissioner must include a relevant interest the conveyee or\nspouse would have had if the occupation of the property had not\nbeen deferred because the property was subject to a lease.\n\nStamp Duty Act 1978 87\n(5) Subsection (6) applies if the conveyee fails, or will fail, to occupy an\nestablished home on the land as the conveyee's principal place of\nresidence:\n(b) for the prescribed period in accordance with this section.\n(6) The conveyee must, within 30 days after the date on which it first\nbecomes apparent that a failure mentioned in subsection (5) will\noccur, give written notice to the Commissioner of the failure or\nimpending failure.\nNote for subsection (6)\n(7) If a person acquires land or an interest in land as guardian of a\n(b) the applicant for the first home owner discount; and\n(c) if the discount is granted – the recipient of the discount.\n(8) A conveyee applying for the first home owner discount, and the\nconveyee's spouse (if any), must give the Commissioner a\n(9) The Commissioner may exempt a conveyee from the requirement\naffecting, eligibility for or entitlement to the first home owner\ndiscount.\n(10) If satisfied there are special reasons to do so, the Commissioner\nmay:\n\nStamp Duty Act 1978 88\nsubsection (2)(i).\nrequired under subsection (2)(j) to become entitled to possession of\n(12) If there are 2 or more conveyees under a conveyance:\n(a) subject to paragraphs (b) to (e), this section applies as if a\nreference in this section to a conveyee were a reference to\neach conveyee; and\n(b) the requirements of subsection (2)(b), (c) and (i) are satisfied if\nat least one of the conveyees meets those requirements; and\n(c) subsection (2)(g) applies as if a reference in that subsection to\nthe conveyee were a reference to the conveyees together;\nand\n(d) subsection (6) applies only if all of the conveyees fail, or will\nfail, to occupy an established home on the land as mentioned\nin subsection (5); and\n(e) a conveyee need not comply with subsection (6) if another\nconveyee has already complied with that subsection.\n89AAB Territory home owner discount\n(1) This section applies in relation to a conveyance first executed on or\nafter 8 February 2019.\n(2) A conveyee of land is entitled to the Territory home owner discount\nif, on an application for the discount, the Commissioner is satisfied\nthat:\n(a) the conveyee is an individual; and\n(b) subject to subsection (10), the conveyee is at least 18 years of\nage at the relevant time; and\n(c) the conveyee is an Australian citizen, or a permanent resident,\nat the time the conveyee gives the declaration mentioned in\nsubsection (9); and\n(d) subject to subsections (11) and (12), neither the conveyee,\nnor a spouse of the conveyee at the relevant time, had a\nrelevant interest in residential property in the Territory within\n24 months before the relevant time; and\n\nStamp Duty Act 1978 89\n(e) the conveyee has no beneficial interest in the land the subject\nof the conveyance; and\n(f) the conveyee will acquire the whole beneficial interest in the\nland the subject of the conveyance; and\n(g) the conveyee will not acquire an interest in the land in the\ncapacity of a trustee; and\n(h) subject to subsection (14), the conveyee will occupy a home\non the land as the conveyee's principal place of residence for\nthe prescribed period commencing within the period for\noccupancy; and\n(i) the conveyee becomes entitled to possession of the land\nsubsection (15).\nNotes for subsection (2)\n1 See subsection (16) for how these requirements apply if there are multiple\nconveyees under a conveyance.\n2 See section 90B for eligibility for the Territory home owner discount if the\n(3) The Commissioner may reassess duty on the conveyance even\nwould otherwise receive the Territory home owner discount if the\ntime limit had not passed.\n(4) If the following occurs, the Commissioner must, even though the\ntime limit for reassessment under the Taxation Administration\nAct 2007 may have passed, reassess duty on the conveyance on\nthe basis that the conveyee or conveyees were not eligible for the\nTerritory home owner discount unless, in the Commissioner's\nopinion, there are special reasons for not making the\nreassessment:\n(a) if the conveyee, or the conveyee's spouse:\n(i) is exempted from the requirement under\nsubsection (2)(d) because subsection (11)(c)(ii) applies;\nand\n\nStamp Duty Act 1978 90\n(ii) did not dispose of the relevant interest in accordance\nwith the order, binding agreement or unconditional\ncontract;\n(b) a conveyee or conveyees fail to occupy a home on the land as\ntheir principal place of residence:\n(i) within the period for occupancy; or\n(ii) for the prescribed period in accordance with this section.\n(5) In deciding for subsection (2)(d) whether a conveyee, or the\nconveyee’s spouse, had an interest at a particular time, the\nCommissioner must include an interest the conveyee, or the\nconveyee’s spouse, would have had if the occupation of the\nproperty had not been deferred because the property was subject\nto a lease.\n(6) Subsection (7) applies if the conveyee fails, or will fail, to occupy a\nhome on the land as the conveyee's principal place of residence:\n(b) for the prescribed period in accordance with this section.\n(7) The conveyee must, within 30 days after the date on which it first\nbecomes apparent that a failure mentioned in subsection (6) has\noccurred or will occur, give written notice to the Commissioner of\nthe failure or impending failure.\nNote for subsection (7)\n(8) If a person acquires land or an interest in land as guardian of a\n(b) the applicant for the Territory home owner discount; and\n(c) if the discount is granted – the recipient of the discount.\n(9) A conveyee applying for the Territory home owner discount, and the\nconveyee's spouse (if any), must give the Commissioner a\n\nStamp Duty Act 1978 91\n(10) The Commissioner may exempt a conveyee from the requirement\naffecting, eligibility for or entitlement to the Territory home owner\ndiscount.\n(11) Subject to subsection (13), the Commissioner may exempt a\nconveyee, or the conveyee's spouse, from the requirement under\nsubsection (2)(d) if satisfied:\n(a) the conveyee, or the conveyee's spouse, was in a marriage or\nde facto relationship with another person under the Family\nLaw Act 1975 (Cth); and\n(b) the conveyee, or the conveyee's spouse, had a relevant\ninterest in residential property in the Territory during the\nmarriage or de facto relationship; and\n(c) at the time the conveyance is first executed, the marriage or\nde facto relationship had irretrievably broken down, and one of\nthe following applies for each relevant interest:\n(i) the conveyee, or the conveyee's spouse, for reasons\nthat relate to the breakdown, no longer has the relevant\ninterest in residential property in the Territory;\n(ii) either of the following has occurred with the effect that\nthe conveyee, or the conveyee's spouse, will no longer\nhave the relevant interest in residential property in the\nTerritory:\n(A) an order or binding agreement under Part VIII,\nVIIIA or VIIIAB of the Family Law Act 1975 (Cth) for\nthe distribution of property between the conveyee\nand the other person, or the conveyee's spouse\nand the other person;\n(B) the conveyee, or the conveyee's spouse, has\nentered into an unconditional contract for the\ndisposal of the relevant interest.\n(12) For subsection (11)(c)(ii), it is irrelevant whether the conveyee, or\nthe conveyee's spouse, still has the relevant interest at the time the\nconveyance is first executed.\n\nStamp Duty Act 1978 92\n(13) The requirement under subsection (2)(d) applies if a conveyee, or\nthe conveyee's spouse:\n(a) acquires a relevant interest in residential property in the\nTerritory after the breakdown of the marriage or de facto\nrelationship but before the time the conveyance is first\nexecuted; and\n(b) has the relevant interest within 24 months before the relevant\ntime.\n(14) If satisfied there are special reasons to do so, the Commissioner\nmay:\nsubsection (2)(h).\n(15) If satisfied there are special reasons to do so, the Commissioner\nrequired under subsection (2)(i) to become entitled to possession of\n(16) If there are 2 or more conveyees under a conveyance:\n(a) subject to paragraphs (b) to (d), this section applies as if a\nreference in this section to a conveyee were a reference to\neach conveyee; and\n(b) the requirements of subsection (2)(b), (c) and (h) are satisfied\nif at least one of the conveyees meets those requirements;\nand\n(c) subsection (2)(f) applies as if a reference in that subsection to\nthe conveyee were a reference to the conveyees together;\nand\n(d) subsection (7) applies only if all of the conveyees fail, or will\nfail, to occupy a home on the land as mentioned in\nsubsection (6); and\n(e) a conveyee need not comply with subsection (7) if another\nconveyee has already complied with that subsection.\n\nStamp Duty Act 1978 93\n89AAC Entitlement if eligible for first home owner grant and Territory\nhome owner discount\n(a) a person enters an eligible transaction, the commencement\ndate for which is on or after 1 January 2015 but before\n","sortOrder":85},{"sectionNumber":"7","sectionType":"section","heading":"May 2019; and","content":"7 May 2019; and\n(b) the conveyance for the eligible transaction is first executed on\nor after 8 February 2019; and\n(c) the dutiable value of the land does not exceed the threshold\namount.\n(2) If the person is paid the first home owner grant for the transaction,\nthe person is not eligible for the Territory home owner discount for\nthe conveyance for the transaction.\n(3) However, the person may apply for the Territory home owner\ndiscount for the conveyance for the transaction if the person is not\npaid the first home owner grant for the transaction.\ncommencement date, see section 13(5) of the First Home Owner\neligible transaction, see section 13(1) of the First Home Owner\nfirst home owner grant means the amount mentioned in\nsection 18(3B) of the First Home Owner Grant Act 2000.\n","sortOrder":86},{"sectionNumber":"89A","sectionType":"section","heading":"Senior, pensioner and carer concession","content":"89A Senior, pensioner and carer concession\n(1) The conveyees of a conveyance of land are entitled to the senior,\npensioner and carer concession if the Commissioner, on an\napplication for the concession, is satisfied:\n(a) all the conveyees are individuals; and\n(b) at least 1 conveyee:\n(i) at the relevant time, is 60 years of age or older; or\n(ii) at the relevant time, is the eligible holder of an NT\nPensioner and Carer Concession Card or a Northern\nTerritory Concession Scheme Card; or\n\nStamp Duty Act 1978 94\n(iii) at the relevant time, is entitled to hold a card mentioned\nin subparagraph (ii) and, at the time of the application for\nthe concession, is the holder of such a card; and\n(d) no conveyee has a beneficial interest in the land; and\n(e) the conveyees will acquire the whole beneficial interest in the\nland; and\n(f) no conveyee will acquire an interest in the land in the capacity\n(g) the conveyees will occupy a home on the land or to be built on\nthe land as their principal place of residence for the prescribed\nperiod commencing within the period for occupancy; and\n(ga) the conveyee or conveyees have not been paid, are not\nentitled to, and will not become entitled to, a first home owner\ngrant in relation to the conveyance or the construction of a\nhome on the land; and\n(h) either of the following applies:\n(i) if, at the relevant time there is a home on the land or the\nconveyance is an off-the-plan contract – the dutiable\nvalue of the land does not exceed $750 000;\n(ii) if, at the relevant time there is no home on the land – the\ndutiable value of the land does not exceed $385 000;\nand\n(i) the conveyees become entitled to possession of the land\nsubsection (11A).\nSee section 90B for eligibility for the senior, pensioner and carer concession if\nthe conveyee would be entitled to another concession under this Division.\n(3) A conveyee must, within 30 days after the date on which it first\nbecomes apparent that he or she will fail to comply with any of the\noccupancy requirements, give written notice of that fact to the\n\nStamp Duty Act 1978 95\n(4) Subsection (3) does not apply to a conveyee in relation to an\noccupancy requirement if an exemption under subsection 11(b)\ncovers that conveyee and requirement.\n(5) The Commissioner may reassess duty on the conveyance even\nAdministration Act 2007 has passed if the conveyees would\notherwise receive the concession if the time limit had not passed.\n(6) The Commissioner must reassess duty on the conveyance on the\nbasis the conveyees were not entitled to the concession (whether\nor not the time limit for reassessment under the Taxation\nAdministration Act 2007 has passed) if a conveyee fails to comply\nwith any of the occupancy requirements.\n(7) Subsection (6) does not apply if:\n(a) the failure is covered by an exemption under subsection 11(b);\nor\n(b) the Commissioner is satisfied there are special reasons for not\nmaking the reassessment.\n(8) This section applies to the acquisition by a person, other than the\nunder section 22 or 24 of the Housing Act 1982 as if:\n(a) the person were acquiring 100% of the land; or\n(b) if 2 or more persons are acquiring the interest – the persons\nwere acquiring 100% of the land in the same proportions as\nthey are acquiring the interest.\n(9) If a person acquires land or an interest in land as the guardian of a\nperson (the disabled person) who is under a legal disability, this\nsection applies as if the disabled person were:\n(b) the applicant for the senior, pensioner and carer concession;\nand\n(c) if the concession is granted – the recipient of the concession.\n(10) A person applying for the senior, pensioner and carer concession\nmust give to the Commissioner a declaration in the approved form\nproviding the information relating to the application that the\nCommissioner requires.\n\nStamp Duty Act 1978 96\nmay:\nsubsection (1)(g).\n(11AA) A conveyee is exempt from the requirement under subsection (1)(g)\nif:\n(a) the conveyance is first executed on or after 28 April 2015; and\n(b) at least one other conveyee to the conveyance complies with\nthe requirements in both subsections (1)(b) and (g).\n(11A) If satisfied there are special reasons to do so, the Commissioner\nrequired under subsection (1)(i) to become entitled to possession of\n(12) In this section:\nNT Pensioner and Carer Concession Card means a concession\ncard administered for the Northern Territory Pensioner and Carer\nConcession Scheme by the Territory.\n","sortOrder":87},{"sectionNumber":"90","sectionType":"section","heading":"Principal place of residence rebate","content":"90 Principal place of residence rebate\n(1AA) This section does not apply in relation to a conveyance that was\nfirst executed on or after 8 February 2019.\n(1) The conveyee or conveyees of land are entitled to the principal\nplace of residence rebate if, on application for the rebate, the\nCommissioner is satisfied that:\n(a) the conveyee or each of the conveyees is an individual; and\n(c) no conveyee has a beneficial interest in the land the subject of\nthe conveyance; and\n(d) the conveyee or conveyees will acquire the whole beneficial\ninterest in the land the subject of the conveyance; and\n(e) no conveyee will acquire an interest in the land in the capacity\n\nStamp Duty Act 1978 97\n(f) the conveyee or conveyees will occupy a qualifying home on\nthe land or to be built on the land as their principal place of\nresidence for the prescribed period commencing within the\nperiod for occupancy; and\n(fa) the conveyee or conveyees have not been paid, are not\nentitled to, and will not become entitled to, a first home owner\ngrant in relation to the conveyance or the construction of a\nhome on the land; and\n(g) the conveyee or conveyees become entitled to possession of\nthe land within:\nsubsection (9).\nSee section 90B for eligibility for the principal place of residence rebate if the\n(3) If a conveyee or conveyees fail, or will fail, to occupy a qualifying\nhome on the land as their principal place of residence:\nthe conveyee or conveyees must, within 30 days after the date on\nwhich it first becomes apparent that the failure will occur, give\nwritten notice to the Commissioner of the failure or impending\nfailure.\nNote\n(3A) The Commissioner may reassess duty on the conveyance even\nwould otherwise receive the rebate if the time limit had not passed.\n(4) If a conveyee or conveyees fail to occupy a qualifying home on the\nland as their principal place of residence:\n\nStamp Duty Act 1978 98\nthe Commissioner must, even though the time limit for\nreassessment under the Taxation Administration Act 2007 may\nhave passed, reassess duty on the conveyance on the basis that\nthe conveyee or conveyees were not eligible for the principal place\nof residence rebate unless, in the Commissioner's opinion, there\nare special reasons for not making the reassessment.\n(5) This section applies to the acquisition by a person, other than the\nunder section 22 or 24 of the Housing Act 1982 as if the person\nwere acquiring 100% of the land or, if 2 or more persons are\nacquiring the interest, the persons were acquiring 100% of the land\nin the same proportions as they are acquiring the interest.\n(6) If a person acquires land or an interest in land as guardian of a\n(b) the applicant for the principal place of residence rebate; and\n(c) if the rebate is granted – the recipient of the rebate.\n(7) A person applying for the principal place of residence rebate must\ngive to the Commissioner a declaration, in the approved form,\nproviding the information relating to the application that the\nCommissioner requires.\n(8) If satisfied there are special reasons to do so, the Commissioner\nmay:\nsubsection (1)(f).\n(8A) A conveyee is exempt from the requirement under subsection (1)(f)\nif:\n(a) the conveyance is first executed on or after 28 April 2015; and\n\nStamp Duty Act 1978 99\n(b) at least one other conveyee to the conveyance complies with\nthe requirement under subsection (1)(f).\n(9) If satisfied there are special reasons to do so, the Commissioner\nrequired under subsection (1)(g) to become entitled to possession\nof the land.\n(10) In this section:\nqualifying home means the following:\n(a) for a conveyance that was first executed before\n","sortOrder":88},{"sectionNumber":"4","sectionType":"section","heading":"December 2012 – a home;","content":"4 December 2012 – a home;\n(b) for a conveyance that is first executed on or after\n4 December 2012 but before 13 May 2014 – a new home as\ndefined in section 18(5) of the First Home Owner Grant\nAct 2000 (as then in force);\n(c) for a conveyance that is first executed on or after\n","sortOrder":89},{"sectionNumber":"13","sectionType":"section","heading":"May 2014 – a qualifying home as defined in section 90AA.","content":"13 May 2014 – a qualifying home as defined in section 90AA.\n90AA Meaning of qualifying home on and after 13 May 2014\n(1) For section 90(10)(c), for a conveyance that is first executed on or\nafter 13 May 2014 a home is a qualifying home if:\n(a) the home has not been previously occupied or sold as a place\nof residence; or\n(b) all of the following apply:\n(i) the home is the subject of a contract for the purchase of\nthe home;\n(ii) the sale of the home is, under the A New Tax System\n(Goods and Services Tax) Act 1999 (Cth), a taxable\nsupply as a sale of new residential premises as defined\nin section 40-75(1)(b) of that Act;\n(iii) the home has not, since being renovated, been occupied\nor sold as a place of residence; or\n(c) the Commissioner declares the home to be a qualifying home\nunder subsection (2).\nNote for subsection (1)(b)(ii)\nSection 40-75(1)(b) of the A New Tax System (Goods and Services Tax)\nAct 1999 (Cth), relates to residential premises that have been created through\nsubstantial renovations of a building.\n\nStamp Duty Act 1978 100\n(2) The Commissioner may declare a home that would not otherwise\nbe a qualifying home, to be a qualifying home in relation to a\nconveyance if satisfied that:\n(a) it would be a qualifying home but for the fact that it has\npreviously been sold as a place of residence; and\n(b) doing so would not have the effect of circumventing limitations\non, or requirements affecting, eligibility for or entitlement to a\nprincipal place of residence rebate imposed by or under this\nAct.\nplace of residence includes a building, or part of a building,\noccupied as residential accommodation (regardless of the duration\nof the occupation).\nExamples for subsection (3)\nA building occupied as residential accommodation might include a hotel, serviced\napartments or workers accommodation.\n","sortOrder":90},{"sectionNumber":"90A","sectionType":"section","heading":"Reassessments in relation to first home owner grant and","content":"90A Reassessments in relation to first home owner grant and\nsenior, pensioner and carer concession or principal place of\nresidence rebate\n(1) Subsection (2) applies to a conveyance if:\n(a) duty on the conveyance of land was assessed on the basis\nthat the conveyee or conveyees were entitled to the senior,\npensioner and carer concession or the principal place of\nresidence rebate; and\n(b) the Commissioner subsequently authorises payment to the\nconveyee or conveyees of a first home owner grant in relation\nto the conveyance or the construction of a home on the land.\n(2) The Commissioner must reassess duty on the conveyance on the\nbasis that the conveyee or conveyees were not entitled to the\nsenior, pensioner and carer concession or the principal place of\nresidence rebate.\n(3) Subsection (4) applies to a conveyance if:\n(a) duty on the conveyance of land was assessed on the basis\nthat the conveyee or conveyees were not entitled to the\nsenior, pensioner and carer concession or the principal place\nof residence rebate because they would become entitled to a\nfirst home owner grant in relation to the conveyance or the\nconstruction of a home on the land; and\n\nStamp Duty Act 1978 101\n(b) the conveyee or conveyees do not become entitled to a first\nhome owner grant in relation to the conveyance or\nconstruction.\n(4) The Commissioner must reassess duty on the conveyance on the\nbasis that the conveyee or conveyees are not entitled to, and will\nnot become entitled to, a first home owner grant if:\n(a) the conveyee or conveyees apply for the reassessment; or\n(b) the Commissioner considers the reassessment appropriate.\n(5) Subsections (2) and (4) apply even if the time limit for\nreassessment under the Taxation Administration Act 2007 has\npassed.\n(6) If, as a result of a reassessment under subsection (2), the\nconveyee or conveyees are liable to pay duty on the conveyance,\nthe Commissioner may credit all or part of the first home owner\ngrant payable to them against their liability arising under that\nreassessment.\n90AB Reassessments in relation to first home owner grant and\nTerritory home owner discount\n(a) duty on a conveyance of land was assessed on the basis that\nthe conveyee or conveyees were entitled to the Territory home\nowner discount; and\n(b) the Commissioner subsequently authorises payment to the\nconveyee or conveyees of the first home owner grant in\nrelation to the conveyance or the construction of a home on\n(2) If subsection (1) applies, the Commissioner must reassess duty on\nthe conveyance on the basis that the conveyee or conveyees were\nnot entitled to the Territory home owner discount.\n(3) If, as a result of a reassessment under subsection (2), the\nconveyee or conveyees are liable to pay duty on the conveyance,\nthe Commissioner may credit all or part of the first home owner\ngrant payable to them against their liability arising under that\nreassessment.\nfirst home owner grant means the amount mentioned in\nsection 18(3B) of the First Home Owner Grant Act 2000.\n\nStamp Duty Act 1978 102\n","sortOrder":91},{"sectionNumber":"90B","sectionType":"section","heading":"No multiple concessions","content":"90B No multiple concessions\n(1) This section applies if, apart from this section, a conveyee of land\nwould be entitled to more than one of the following concessions\nfrom the payment of duty on the conveyance of the land:\n(a) the first home owner concession;\n(b) the first home owner discount;\n(c) the senior, pensioner and carer concession;\n(d) the principal place of residence rebate;\n(e) the Territory home owner discount.\n(2) The conveyee is entitled to only one of the concessions from the\npayment of duty mentioned in subsection (1).\n(3) The concession to which the conveyee is entitled is:\n(a) the concession that gives the conveyee the greater or greatest\nbenefit; or\n(b) if each concession gives the same benefit, the concession\ndetermined by the Commissioner.\n","sortOrder":92},{"sectionNumber":"90C","sectionType":"section","heading":"Interpretation","content":"90C Interpretation\nbuilding contractor means a building contractor residential\n(restricted) or building contractor residential (unrestricted) as\ndefined in regulation 2(1) of the Building Regulations 1993.\ndeveloped, see subsection (2).\nnew home means a home that has not been previously occupied or\nsold as a place of residence.\n(2) For this Division, land is considered to be developed if:\n(a) the land is cleared of vegetation, existing structures are\nremoved from the land or the land is rehabilitated; and\n(b) new infrastructure is constructed on the land; and\n(c) the land is subdivided into lots.\n\nStamp Duty Act 1978 103\n(3) The definitions in section 88(1) apply to this Division.\n","sortOrder":93},{"sectionNumber":"90D","sectionType":"section","heading":"Exemption for conveyance of residential land","content":"90D Exemption for conveyance of residential land\n(1) This section applies in relation to a conveyance first executed\nduring the period commencing on 1 July 2022 and ending on\n","sortOrder":94},{"sectionNumber":"30","sectionType":"section","heading":"June 2027 unless:","content":"30 June 2027 unless:\nbefore 1 July 2022, in relation to the same or substantially\n(b) the conveyance is in relation to land for which the conveyee\nentered into an option to purchase before 1 July 2022; or\n(c) the conveyor of the land had an option, granted before\n1 July 2022, to require the conveyee to purchase the land to\nwhich the conveyance relates or substantially similar land.\n(2) The conveyance is exempt from duty if all of the following\nconditions are met:\n(a) the conveyee is:\n(i) an individual; and\n(ii) subject to subsection (7), at least 18 years of age at the\nrelevant time; and\n(iii) an Australian citizen or a permanent resident at the\nrelevant time;\n(b) in the conveyance, the conveyee agrees to acquire title to and\nthe whole beneficial interest in land owned by a building\ncontractor;\n(c) the conveyee has no beneficial interest in the land being\nconveyed before the relevant time;\n(d) in the conveyance, the building contractor agrees to convey\nthe land to the conveyee;\n(e) in the conveyance, the building contractor agrees to do one of\nthe following:\n(i) build or place a detached, new home on the land being\nconveyed;\n\nStamp Duty Act 1978 104\n(ii) complete the building of a partially completed and\ndetached, new home that is situated on the land being\nconveyed;\n(iii) convey a completed and detached, new home that is\nsituated on the land being conveyed;\n(f) the land being conveyed is owned by the building contractor\nimmediately before the conveyance is executed or will be\nowned by the building contractor immediately before\nsettlement of the conveyance;\n(g) the land being conveyed was purchased by the building\ncontractor from another person who developed it as a\nresidential lot;\n(h) the building contractor paid duty on the dutiable value of the\nland when the building contractor purchased it from the person\nwho developed it as a residential lot;\n(i) the conveyee occupies the home as the conveyee's principal\nplace of residence for the prescribed period commencing\nwithin the period for occupancy, unless the Commissioner is\nsatisfied that special reasons exist to vary this requirement;\n(j) the conveyee becomes entitled to possession of the land\nwithin 12 months after settlement of the conveyance, unless\nthe Commissioner is satisfied that special reasons exist to\nvary this requirement.\nNote for subsection (2)(b)\nThe conveyee is not acquiring an interest in the land in the capacity of a trustee.\n(3) If there are 2 or more conveyees under the conveyance, the\nconveyance is not exempt from duty unless:\n(a) subject to subsection (7), at least one of the conveyees meets\nthe criteria specified in subsection (2)(a)(ii); and\n(b) at least one of the conveyees meets the criteria specified in\nsubsection (2)(a)(iii); and\n(c) subject to paragraphs (a) and (b), all conditions in\nsubsection (2) are met; and\n(d) all conveyees agree to acquire title to and the whole beneficial\ninterest in the land being conveyed.\n\nStamp Duty Act 1978 105\n(4) If a person acquires land or an interest in land as guardian of a\nperson under a legal disability, the person under the legal disability\nis taken to be:\n(a) the conveyee of the land; and\n(b) the applicant for the exemption; and\n(c) the recipient of any exemption granted.\n(5) A conveyee who fails, or will fail, to occupy a home in accordance\nwith subsection (2)(i) must give written notice to the Commissioner\nof the failure or impending failure within 30 days after the day on\nwhich it first becomes apparent to the conveyee that the failure\noccurred or will occur.\nNote for subsection (5)\n(6) For subsection (5), if there are 2 or more conveyees under the\nconveyance:\n(a) the notice is only required to be given if all conveyees fail, or\nwill fail, to occupy a home in accordance with subsection (2)(i);\nand\n(b) the notice is only required to be given by one conveyee.\n(7) The Commissioner may exempt a conveyee from the requirement\naffecting, eligibility for or entitlement to the exemption.\n(8) If a conveyee fails to occupy the home in accordance with\nsubsection (2)(i), the Commissioner must, even though the time\nlimit for reassessment under the Taxation Administration Act 2007\nmay have passed, reassess duty on the conveyance on the basis\nthat the conveyee or conveyees were not eligible for the exemption\nunless, in the Commissioner's opinion, there are special reasons for\nnot making the reassessment.\n\nStamp Duty Act 1978 106\n","sortOrder":95},{"sectionNumber":"Div 3","sectionType":"division","heading":"Property settlements on breakdown of relationship","content":"Division 3 Property settlements on breakdown of relationship\n","sortOrder":96},{"sectionNumber":"91","sectionType":"section","heading":"Exemption from duty","content":"91 Exemption from duty\n(1) A conveyance of dutiable property is exempt from duty if:\n(a) the parties to the conveyance are or were parties to a\nmarriage or de facto relationship under the Family Law\nAct 1975 (Cth); and\n(b) within 12 months after the date of the conveyance, an order is\nmade by the Family Court for the distribution of property\nbetween the parties to the conveyance under Part VIII\nor VIIIAB of the Family Law Act 1975 (Cth); and\n(c) the terms of the conveyance are consistent with the order.\n(2) A conveyance of dutiable property is exempt from duty if:\n(a) the parties to the conveyance are or were parties to a\nmarriage or de facto relationship under the Family Law\nAct 1975 (Cth); and\n(b) the conveyance occurred after the irretrievable breakdown of\nthe marriage or de facto relationship; and\n(c) within 12 months after the date of the conveyance, a binding\nfinancial agreement for the distribution of property between\nthe parties to the conveyance is made under Part VIIIA\nor VIIIAB of the Family Law Act 1975 (Cth); and\n(d) the terms of the conveyance are consistent with the\n(3) Except as otherwise provided by the Taxation Administration\nAct 2007, the Commissioner must refund any duty paid on a\nconveyance before it becomes exempt under subsection (1) or (2).\n","sortOrder":97},{"sectionNumber":"91A","sectionType":"section","heading":"Vesting of dutiable property in statutory trust for sale or","content":"91A Vesting of dutiable property in statutory trust for sale or\npartition\n(1) This section applies in relation to a statutory vesting that occurs on\nor after 1 July 2015.\n\nStamp Duty Act 1978 107\n(2) The statutory vesting under section 40(1) of the Law of Property\nAct 2000 of dutiable property by which property vests in the trustee\nof a statutory trust for sale or a statutory trust for partition is exempt\nfrom duty.\n","sortOrder":98},{"sectionNumber":"91B","sectionType":"section","heading":"Conveyance of property from statutory trust for sale to","content":"91B Conveyance of property from statutory trust for sale to\nbeneficial owner\n(1) This section applies to a conveyance of dutiable property that is:\n(a) first executed on or after 1 July 2015; and\n(b) is a conveyance from a trustee of a statutory trust for sale\nmentioned in section 91A(2) to one or more of the beneficial\nowners of the trust property.\n(2) The dutiable value of the dutiable property is calculated by\ndeducting from the unencumbered value of the property or the\nconsideration for the property (whichever is greater) the proportion\nof that amount that is the same as the proportion of the conveyee's\nbeneficial interest in the property immediately before the\nNote for section 91B\nSee Schedule 1, clause 1(4) in relation to the duty payable on a partition of land.\n","sortOrder":99},{"sectionNumber":"92","sectionType":"section","heading":"Managed investment scheme conveyance","content":"92 Managed investment scheme conveyance\n(1) A managed investment scheme conveyance is not liable to\nad valorem duty.\n(2) Each of the following transactions is a managed investment\nscheme conveyance:\n(a) a conveyance of dutiable property from a person as vendor to\nthe custodian for a responsible entity of a registered scheme,\n(i) the conveyance is made pursuant to an agreement for\nthe conveyance of the dutiable property between the\nperson as vendor and the responsible entity as\npurchaser; and\n(ii) the dutiable property is acquired by the responsible\nentity as scheme property; and\n(iii) the agreement has been stamped with ad valorem duty;\n\nStamp Duty Act 1978 108\n(b) a conveyance of dutiable property that is either from the\nresponsible entity of a registered scheme to the custodian for\nthat responsible entity or from the custodian of a responsible\nentity of a registered scheme to that responsible entity, where:\n(i) the dutiable property is scheme property of that\nregistered scheme; and\n(ii) the conveyance is not part of an arrangement under\nwhich:\n(A) the scheme property or an interest in the scheme\nproperty ceases to be scheme property; or\n(B) the members of the registered scheme do not have\nthe same trust interest in the scheme property after\nthe conveyance of that property as they had\nimmediately before the arrangement was entered\ninto;\n(c) a conveyance of dutiable property that is scheme property\nwhich is a consequence of the retirement of the responsible\nentity or custodian of a registered scheme or the appointment\nof a new responsible entity or custodian of the registered\nscheme, where the Commissioner is satisfied that:\n(i) the only interest acquired by a person in relation to the\nproperty as a result of the conveyance is an interest\nacquired by the replacement or new responsible entity or\ncustodian; and\n(ii) the replacement or new responsible entity or custodian\nacquired that interest only because of its appointment as\nthe responsible entity or custodian for the registered\ncustodian means a corporation appointed under section 601FB of\nthe Corporations Act 2001 to hold the property of a registered\nscheme as agent for the responsible entity of the registered\nregistered scheme, see the Corporations Act 2001.\nresponsible entity, see the Corporations Act 2001.\n\nStamp Duty Act 1978 109\nscheme property means the dutiable property of a registered\nscheme held by a person as the responsible entity of the registered\nscheme or as a custodian for the responsible entity of the\nregistered scheme.\n","sortOrder":100},{"sectionNumber":"Div 5","sectionType":"division","heading":"Electric motor vehicle","content":"Division 5 Electric motor vehicle\n","sortOrder":101},{"sectionNumber":"92A","sectionType":"section","heading":"Concession for duty on registration of electric motor vehicle","content":"92A Concession for duty on registration of electric motor vehicle\n(1) This section applies in relation to the issue of a certificate of\nregistration for an electric motor vehicle during the period\ncommencing on 1 July 2022 and ending on 30 June 2027.\n(2) When determining the amount of duty payable in relation to the\nissue of a certificate of registration under section 57 for an electric\nmotor vehicle, the first $50 000 of the dutiable value of the electric\nmotor vehicle is exempt from duty.\n(3) Section 61 does not apply to this section.\n(4) Despite subsection (2), the amount of the exemption that may be\nclaimed under this section is limited to a maximum of $1 500.\nelectric motor vehicle means a motor vehicle that:\n(a) uses an electric motor for propulsion, whether or not it is also\nfitted with an internal combustion engine; and\n(b) takes and stores energy from an external source of electricity;\nand\n(c) is not equipped with a fuel cell for converting hydrogen to\nelectricity.\nNote for subsection (5)\nThis includes vehicles that operate only with an electric motor as well as plug-in\nhybrid electric vehicles.\n","sortOrder":102},{"sectionNumber":"93","sectionType":"section","heading":"Authorised stamps","content":"93 Authorised stamps\n(1) The Commissioner must decide the form of stamps (authorised\nstamps) for use under this Act.\n\nStamp Duty Act 1978 110\n(2) Equipment for affixing authorised stamps must be kept under the\nCommissioner's control and used only as directed by the\n","sortOrder":103},{"sectionNumber":"94","sectionType":"section","heading":"Forgery etc. of authorised stamp","content":"94 Forgery etc. of authorised stamp\n(1) A person must not:\n(a) forge an authorised stamp; or\n(b) dishonestly stamp an instrument with a stamp that could\nreasonably be taken to be an authorised stamp.\nMaximum penalty: Imprisonment for 2 years.\n(2) A person must not, without lawful authority or excuse, have\npossession of equipment capable of being used to forge an\nauthorised stamp.\nMaximum penalty: Imprisonment for 2 years.\n","sortOrder":104},{"sectionNumber":"95","sectionType":"section","heading":"Regulatory offences","content":"95 Regulatory offences\nAn offence against any of the following provisions is a regulatory\noffence:\n(a) section 9A;\n(b) section 24;\n(c) section 39;\n(d) section 45;\n(e) section 56K(9);\n(f) section 57;\n(g) section 59(5).\n","sortOrder":105},{"sectionNumber":"96","sectionType":"section","heading":"Admissibility of unstamped instruments","content":"96 Admissibility of unstamped instruments\n(1) A dutiable instrument that is not duly stamped is not admissible in\nevidence in any court in support or defence of a civil claim.\n(2) However, the court may receive such an instrument in evidence if\nthe party seeking to tender the instrument pays into court the duty\npayable on the instrument (together with any penalty).\n\nStamp Duty Act 1978 111\n(3) If duty is paid into court under subsection (2):\n(a) the proper officer of the court must remit the payment to the\nCommissioner together with the instrument; and\n(b) the Commissioner must stamp the instrument and return it to\nthe proper officer of the court.\n","sortOrder":106},{"sectionNumber":"97","sectionType":"section","heading":"Former transitional provisions","content":"97 Former transitional provisions\nDespite the repeal of former transitional provisions (Parts IX to XII),\nthe effect of those provisions is preserved so far as they may have\ncontinuing relevance.\n","sortOrder":107},{"sectionNumber":"97A","sectionType":"section","heading":"Transitional provision (rates of duty)","content":"97A Transitional provision (rates of duty)\n(1) Subject to subsection (2), the relevant amendments apply to a\nconveyance first executed on or after 6 May 2008 and, if a\nconveyance was first executed before that date, this Act applies as\nif the relevant amendments had not been made.\nbefore 6 May 2008, of the same or substantially similar\n(b) the conveyee entered into a contract or option, before\n6 May 2008, to purchase the property to which the\nconveyance relates, or substantially similar property; or\n(c) the conveyor had an option, granted before 6 May 2008, to\nrequire the conveyee to purchase the property to which the\nconveyance relates or substantially similar property.\nrelevant amendments means:\n(a) the amendment made by the Revenue Law Reform (Budget\nInitiatives) Act 2008 to the definition of first home owner\nconcession in section 88; and\n(b) the amendments made by the Revenue Law Reform (Budget\nInitiatives) Act 2008 to the rate of ad valorem conveyance duty\nunder this Act.\n\n","sortOrder":108},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional matters for Revenue Legislation Amendment Act 2009","content":"Part 7 Transitional matters for Revenue Legislation Amendment Act 2009\nStamp Duty Act 1978 112\n","sortOrder":109},{"sectionNumber":"97B","sectionType":"section","heading":"Transitional provision (dutiable property)","content":"97B Transitional provision (dutiable property)\n(1) A conveyance of relevant property is not liable to duty if:\n(a) the conveyance was first executed before the commencement\nof the relevant amendment; or\n(b) the conveyance is made before 1 July 2009 in pursuance of\nan agreement to make the conveyance entered into before the\ncommencement of the relevant amendment.\nrelevant amendment means the amendment made by Revenue\nLaw Reform (Budget Initiatives) Act 2008 under which certain\nmining tenements that were not formerly dutiable property became\ndutiable property.\nrelevant property means property that becomes dutiable property\nas a result of the relevant amendment.\n98 Regulations\nThe Administrator may make regulations under this Act.\nPart 7 Transitional matters for Revenue Legislation\nAmendment Act 2009\n99 Application\n(1) Section 56C(6)(b) as amended by section 24(2) of the amending\nAct applies only to a calculation for the acquisition of an interest\nthat occurs on or after the introduction day.\n(2) Section 56CA as inserted by section 25 of the amending Act, and\nsection 56C(6) and (7) as amended by section 24(1) and (3) of the\namending Act, apply as follows:\n(a) the Commissioner may make a determination under\nsection 56CA that takes effect from, and specifying, a date\nthat is on or after the introduction day;\n(b) the determination must relate to a relevant transaction\nmentioned in that section that occurred on or after the\nintroduction day;\n(c) the determination may relate to an arrangement mentioned in\nthat section that is made on, or takes effect from, a date that is\nthe introduction day or before or after that day.\n\n","sortOrder":110},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional matters for Revenue and Other Legislation Amendment Act 2010","content":"Part 8 Transitional matters for Revenue and Other Legislation Amendment Act 2010\nStamp Duty Act 1978 113\n(3) Section 56P as amended by section 26 of the amending Act applies\nas follows:\n(a) the Commissioner may make a determination under that\nsection that takes effect from, and specifying, a date that is on\nor after the introduction day; and\n(b) the determination must relate to the acquisition of the control\nof a corporation as mentioned in that section that occurs on or\nafter the introduction day.\namending Act means the Revenue Legislation Amendment\nAct 2009.\nintroduction day means the day on which the Bill for the amending\nAct is introduced in the Legislative Assembly.\nPart 8 Transitional matters for Revenue and Other\nLegislation Amendment Act 2010\n","sortOrder":111},{"sectionNumber":"100","sectionType":"section","heading":"Definition","content":"100 Definition\nIn this Part:\n2010 amending Act means the Revenue and Other Legislation\nAmendment Act 2010.\n","sortOrder":112},{"sectionNumber":"101","sectionType":"section","heading":"Arrangement for provision of finance","content":"101 Arrangement for provision of finance\n(1) The relevant amendments do not apply to an arrangement that\nwas:\n(a) covered by section 56C(1), definition acquire,\nparagraph (d)(v) as in force immediately before 4 May 2010;\nand\n(b) entered into before 4 May 2010 (whether or not it was\ncompleted before that date).\nsections 11 to 13 of the 2010 amending Act.\n\nPart 8 Transitional matters for Revenue and Other Legislation Amendment Act 2010\nStamp Duty Act 1978 114\n","sortOrder":113},{"sectionNumber":"102","sectionType":"section","heading":"Increase in first home owner concession and principal place of","content":"102 Increase in first home owner concession and principal place of\nresidence rebate and new senior, pensioner and carer\nconcession\n(1) Subject to subsection (2):\n(a) the relevant amendments apply to a conveyance first\nexecuted on or after 4 May 2010; and\n(b) if a conveyance was first executed before that date, this Act\napplies as if the relevant amendments had not been made.\nbefore 4 May 2010, of the same or substantially similar land;\nor\n4 May 2010, to purchase the land to which the conveyance\nrelates or substantially similar land; or\n(c) the conveyor had an option, granted before 4 May 2010, to\nrequire the conveyees to purchase the land to which the\nconveyance relates or substantially similar land.\nsections 14(2), (3) and (5), 16 and 17(1) of the 2010 amending Act.\n103 Extension of period for occupancy for entitlement to first home\nowner concession and principal place of residence rebate\n(1) This section applies if, before 4 May 2010, duty was assessed on a\nconveyance of land on the basis that the conveyees were not\nentitled to the concession or rebate merely because the conveyees\ndid not satisfy the requirement that a home be built on the land\nwithin 3 years after the relevant time for the conveyance.\n(2) On application by the conveyees, the Commissioner may, under the\nTaxation Administration Act 2007, reassess duty on the\nconveyance as if the relevant amendments had commenced.\n(3) On making the reassessment, the Commissioner must refund to the\nconveyees the difference between the amount of duty paid on the\nassessment and the amount of duty payable on the reassessment.\n\n","sortOrder":114},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional matters for Revenue Legislation Amendment Act 2011","content":"Part 9 Transitional matters for Revenue Legislation Amendment Act 2011\nStamp Duty Act 1978 115\n(4) Subsection (3) applies subject to the Taxation Administration\nAct 2007.\nconcession or rebate means the first home owner concession or\nprincipal place of residence rebate, and includes a corresponding\nconcession or rebate under an earlier enactment.\nsections 14(1) and (4), 15 and 17(2) to (5) of the 2010 amending\nAct.\n","sortOrder":115},{"sectionNumber":"104","sectionType":"section","heading":"Acquisition of interest by transfer of shares","content":"104 Acquisition of interest by transfer of shares\n(1) This section applies if, for the purposes of Part 3, Division 8:\n(a) an acquisition of an interest in a corporation is, or is to be,\nevidenced by a transfer of shares; and\n(b) the transfer of the shares was not made before 1 July 2010;\nand\n(c) one or more of the dates mentioned in section 56CAA(2)\noccur on or after 1 July 2010 (whether or not any of those\ndates occurs before 1 July 2010).\n(2) Despite section 56CAA(2), the acquisition of the interest is taken to\noccur on the earliest of those dates that occurs on or\nafter 1 July 2010.\nPart 9 Transitional matters for Revenue Legislation\nAmendment Act 2011\n","sortOrder":116},{"sectionNumber":"105","sectionType":"section","heading":"Occupancy requirements – Commissioner may reassess","content":"105 Occupancy requirements – Commissioner may reassess\nearlier conveyance\n(1) This section applies if, before 3 May 2011, duty was assessed on a\nconveyance of land on the basis that the conveyee or conveyees\nwas or were not entitled to a home incentive concession or rebate\nmerely because of a failure to satisfy an occupancy requirement.\n(2) On application by the conveyee or conveyees, the Commissioner\nmay:\n(a) exercise the Commissioner's powers under sections 89, 89A\nand 90; and\n\n","sortOrder":117},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional matters for Revenue and Other Legislation Amendment Act 2012","content":"Part 10 Transitional matters for Revenue and Other Legislation Amendment Act 2012\nStamp Duty Act 1978 116\n(b) reassess duty on the conveyance under the Taxation\nAdministration Act 2007;\nas if the occupancy amendments had commenced before the\nconveyance occurred.\nhome incentive concession or rebate means any of the following,\nor a corresponding concession or rebate under an earlier\nenactment:\n(a) the first home owner concession;\n(b) the senior, pensioner and carer concession;\n(c) the principal place of residence rebate.\noccupancy amendments means the amendments made by\nsections 9, 10 and 11 of the Revenue Legislation Amendment\nAct 2011.\noccupancy requirement, for a conveyance of land, means a\nrequirement that a conveyee:\n(a) occupy a home on the land as the conveyee's principal place\nof residence; or\n(b) commence to occupy a home on the land as the conveyee's\nprincipal place of residence within a particular period; or\n(c) occupy a home on the land as the conveyee's principal place\nof residence for a particular period.\n(4) A term defined in section 88 for Part 5, Division 2 has the same\nmeaning in this section.\nPart 10 Transitional matters for Revenue and Other\nLegislation Amendment Act 2012\n","sortOrder":118},{"sectionNumber":"106","sectionType":"section","heading":"Changes to home incentive schemes under Part 5, Division 2","content":"106 Changes to home incentive schemes under Part 5, Division 2\nbefore 4 December 2012, of the same or substantially similar\n\n","sortOrder":119},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional matters for Revenue and Other Legislation Amendment Act 2015","content":"Part 11 Transitional matters for Revenue and Other Legislation Amendment Act 2015\nStamp Duty Act 1978 117\n4 December 2012, to purchase the same or substantially\n(c) the conveyor had an option, granted before 4 December 2012,\nto require the conveyees to purchase the same or\nsubstantially similar land.\n(2) If this section applies to a conveyance:\n(a) the amount of the principal place of residence rebate for the\nconveyance is equal to the lesser of:\n(i) the total amount of duty assessed as payable on the\n(ii) $3 500; and\n(b) section 89 applies in relation to the conveyance despite\nsection 89(1A); and\n(c) a home on the land or to be built on the land is a qualifying\nhome for section 90 (whether or not it is a new home).\nPart 11 Transitional matters for Revenue and Other\nLegislation Amendment Act 2015\n","sortOrder":120},{"sectionNumber":"107","sectionType":"section","heading":"Definition","content":"107 Definition\nIn this Part:\namending act means the Revenue and Other Legislation\nAmendment Act 2015.\n","sortOrder":121},{"sectionNumber":"108","sectionType":"section","heading":"Application of section 4A","content":"108 Application of section 4A\n(1) Section 4A, as amended by the amending act, applies in relation to\na conveyance of dutiable property first executed on or after\n(2) Section 4A, as in force before 1 July 2015, continues to apply in\nrelation to a conveyance of dutiable property first executed before\n1 July 2015 as if the amending act had not commenced.\n\nPart 11 Transitional matters for Revenue and Other Legislation Amendment Act 2015\nStamp Duty Act 1978 118\n109 Changes to the definition of senior, pensioner and carer\nconcession in section 88\nbefore 28 April 2015, of the same or substantially similar land;\nor\n28 April 2015, to purchase the same or substantially similar\n(c) the conveyor had an option, granted before 28 April 2015, to\nrequire the conveyees to purchase the same or substantially\nsimilar land.\n(2) If this section applies to a conveyance, the amount of the senior,\npensioner and carer concession is equal to the lesser of the\nconveyance;\n(b) $8 500.\n","sortOrder":122},{"sectionNumber":"110","sectionType":"section","heading":"Changes to life insurance provisions","content":"110 Changes to life insurance provisions\n(1) This Act, as amended by the amending act, applies in relation to:\n(a) a life policy or life insurance rider issued on or after\n1 July 2015; and\n(b) a group life insurance policy:\n(i) issued before 1 July 2015; but\n(ii) only to the extent it relates to a person who becomes\ninsured under the policy on or after 1 July 2015.\n(2) This Act, as in force before 1 July 2015, continues to apply in\nrelation to:\n(a) a life policy (as defined before 1 July 2015) issued before\n1 July 2015; but\n(b) does not apply in relation to a group life insurance policy\nissued before 1 July 2015 to the extent it relates to a person\nwho becomes insured under the policy on or after 1 July 2015.\n\n","sortOrder":123},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional matters for Stamp Duty Amendment Act 2016","content":"Part 13 Transitional matters for Stamp Duty Amendment Act 2016\nStamp Duty Act 1978 119\n(3) A person who, immediately before 1 July 2015, was registered as a\nlife insurer under section 47 is taken to be an Australian insurer\nregistered under section 41.\ngroup life insurance policy means a life policy (as defined before\n1 July 2015) that insures a group of people, the membership of\nwhich changes over time.\nExample for subsection (4), definition group life insurance policy\nA life policy which insures the members of a superannuation fund.\n","sortOrder":124},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional matters for Stamp Duty","content":"Part 12 Transitional matters for Stamp Duty\nAmendment (First Home Owner Discount)\nAct 2016\n","sortOrder":125},{"sectionNumber":"111","sectionType":"section","heading":"First home owner discount","content":"111 First home owner discount\nbefore 24 May 2016, of the same or substantially similar land;\nor\n24 May 2016, to purchase the same or substantially similar\n(c) the conveyor had an option, granted before 24 May 2016, to\nrequire the conveyees to purchase the same or substantially\nsimilar land.\n(2) If this section applies to a conveyance, the conveyance is taken, for\nsection 89AA, to have been first executed before 24 May 2016.\nPart 13 Transitional matters for Stamp Duty\nAmendment Act 2016\n","sortOrder":126},{"sectionNumber":"112","sectionType":"section","heading":"Change to first home owner discount","content":"112 Change to first home owner discount\nbefore 1 September 2016, of the same or substantially similar\n\nPart 14 Transitional matters for Revenue Legislation Amendment Act 2018\nStamp Duty Act 1978 120\n1 September 2016, to purchase the same or substantially\n(c) the conveyor had an option, granted before\n1 September 2016, to require the conveyees to purchase the\nsame or substantially similar land.\n(2) If this section applies to a conveyance, the conveyance is taken, for\nthe first home owner discount, to have been first executed before\nNote for section 112\nThe first home owner discount is provided for in section 89AA. One of the\ndetermining factors for the discount is the date on which a conveyance was first\nexecuted – see section 88(1), definition first home owner discount.\n","sortOrder":127},{"sectionNumber":"113","sectionType":"section","heading":"No multiple concessions","content":"113 No multiple concessions\nSection 90B applies in relation to all conveyances, whether first\nexecuted before, on or after the commencement of that section.\n","sortOrder":128},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional matters for Revenue Legislation","content":"Part 14 Transitional matters for Revenue Legislation\nAmendment Act 2018\n","sortOrder":129},{"sectionNumber":"114","sectionType":"section","heading":"Changes to resource interest provisions","content":"114 Changes to resource interest provisions\n(1) Subject to subsections (2) and (3), the amendments made to this\nAct by the Revenue Legislation Amendment Act 2018 apply in\nrelation to any dutiable transaction that occurs on or after\n(2) Despite subsection (1), this Act, as in force immediately before\n1 May 2018, continues to apply in relation to a dutiable transaction\nmentioned in subsection (1) that occurs on or after 1 May 2018, but\nbefore 1 July 2023, if the agreement in respect of the transaction, or\nthe instrument effecting or evidencing the transaction, was first\nexecuted before 1 May 2018.\n(3) Despite subsection (1), the amendments made to this Act by the\nRevenue Legislation Amendment Act 2018 apply in relation to a\ndutiable transaction mentioned in Schedule 2, item 23(a)(i), that\noccurs on or after 1 July 2018.\n\nStamp Duty Act 1978 121\n","sortOrder":130},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional matters for Revenue Legislation","content":"Part 15 Transitional matters for Revenue Legislation\nAmendment Act 2019\n","sortOrder":131},{"sectionNumber":"115","sectionType":"section","heading":"Transitional matters for Revenue Legislation Amendment","content":"115 Transitional matters for Revenue Legislation Amendment\nAct 2019\n(1) Subject to subsection (2):\n(a) the relevant amendments apply to a conveyance first\nexecuted on or after 8 February 2019; and\n(b) if a conveyance was first executed before that date, this Act\napplies as if the relevant amendments had not been made.\nbefore 8 February 2019, of the same or substantially similar\n","sortOrder":132},{"sectionNumber":"8","sectionType":"section","heading":"February 2019, to purchase the land to which the","content":"8 February 2019, to purchase the land to which the\nconveyance relates or substantially similar land; or\n(c) the conveyor had an option, granted before 8 February 2019,\nto require the conveyees to purchase the land to which the\nconveyance relates or substantially similar land.\nrelevant amendments means the amendments made to this Act\nby Part 4 of the Revenue Legislation Amendment Act 2019.\nPart 16 Transitional matters for Stamp Duty\nAmendment Act 2023\n116 Changes to dutiable property\n(1) The provisions of this Act as in force immediately before\n9 May 2023 apply to a conveyance of dutiable property if:\n(a) the conveyance was first executed before that date; or\n(b) the conveyance replaces an earlier conveyance, first executed\nbefore that date, of the same or substantially similar dutiable\n\nStamp Duty Act 1978 122\n(c) a person entered into an agreement or option, before that\ndate, to purchase the dutiable property to which the\nconveyance relates or substantially similar dutiable\n(d) a person had an option, granted before that date, to require\nanother person to purchase the dutiable property to which the\nconveyance relates or substantially similar dutiable property.\n(2) In subsection (1):\nconveyance has the meaning in section 4 as in force immediately\nbefore 9 May 2023.\ndutiable property has the meaning in section 4 as in force\nimmediately before 9 May 2023.\nPart 17 Transitional matters for Revenue Legislation\nAmendment Act 2025\n","sortOrder":133},{"sectionNumber":"117","sectionType":"section","heading":"Application of amendments","content":"117 Application of amendments\n(1) This Act, as in force immediately before the commencement,\napplies in relation to the following:\n(a) a conveyance of dutiable property to an exempt entity that\nwas first executed before 1 July 2025;\n(b) a conveyance of dutiable property to an exempt entity that\nwas first executed on or after 1 July 2025 if:\n(i) the conveyance replaces an earlier conveyance, first\nexecuted before that date, in relation to the same or\nsubstantially similar dutiable property; or\n(ii) the exempt entity entered into an agreement or option,\nbefore that date, to purchase the same or substantially\nsimilar dutiable property; or\n(iii) the conveyor of the dutiable property had an option,\ngranted before that date, to require the exempt entity to\npurchase the same or substantially similar dutiable\nproperty;\n(c) a lease of property to an exempt entity that was first executed\nbefore 1 July 2025;\n\nStamp Duty Act 1978 123\n(d) a lease of property to an exempt entity that was first executed\non or after 1 July 2025 if:\n(i) the lease replaces an earlier lease, first executed before\nthat date, in relation to the same or substantially similar\n(ii) the exempt entity entered into an agreement or option,\nbefore that date, to lease the same or substantially\nsimilar property; or\n(iii) the lessor had an option, granted before that date, to\nrequire the exempt entity to lease the same or\nsubstantially similar property.\ncommencement means the commencement of the Revenue\nLegislation Amendment Act 2025.\n\nStamp Duty Act 1978 124\nsection 4(1)\ndefinition dutiable instrument\nand section 6\n1 Conveyances\n(1) A conveyance of dutiable property is a dutiable instrument.\n(2) Subject to this clause, the duty payable on a conveyance of\ndutiable property is determined as follows:\n(a) if the dutiable value of the dutiable property subject to the\nconveyance does not exceed $525 000:\nD = (0.06571441 x V 2) + 15V\nD is the duty (expressed in dollars)\nV is 1/1 000 of the dutiable value (expressed in dollars)\n(b) if the dutiable value exceeds $525 000 but is less\nthan $3 000 000, the duty is 4.95% of the dutiable value;\n(c) if the dutiable value is $3 000 000 or more but is less than\n$5 000 000, the duty is 5.75% of the dutiable value;\n(d) if the dutiable value is $5 000 000 or more, the duty is 5.95%\nof the dutiable value.\n(3) A conveyance of dutiable property by or to joint tenants is, if the\nconveyor, or one or more of the conveyors, retains an interest in the\nproperty, assessed for duty as a conveyance of the interest that is\nnot retained by the conveyor or conveyors rather than the form of\nthe conveyance but an additional $5 is payable.\nExamples\n1 If property is held jointly by 2 persons, and they convey the property to one\nof them, the conveyance is assessed for ad valorem duty as a conveyance\nof a half-share of the property and the total amount of the duty is the\namount so assessed plus $5.\n2 If a sole owner conveys property to him/herself jointly with another, the\nconveyance is assessed for ad valorem duty as a conveyance of a half-\nshare of the property and the total amount of the duty is the amount so\nassessed plus $5.\n\nStamp Duty Act 1978 125\n(4) If the conveyance is for partition of land between persons who own\nthe land as joint tenants or as tenants in common:\n(a) in the case of a symmetrical partition of the land:\n(i) if no consideration is given for the conveyance – the duty\nis $20; or\n(ii) if consideration is given for the conveyance – the duty is\nassessed at the ad valorem rate on the amount or value\nof the consideration; or\n(b) in the case of an asymmetrical partition of the land – ad\nvalorem duty is to be assessed on the basis that the\nconveyance is a conveyance of a proportion of the whole land\nfrom the person or persons who take a lesser share (i.e. a\nshare less than their proportionate interest prior to the\npartition) to the person or persons who take a greater share\n(i.e. a share greater than their proportionate interest prior to\nthe partition).\nNote\nIt follows from this that, if consideration is given for an asymmetrical partition, ad\nvalorem duty will be calculated on the amount of the consideration or the relevant\nproportion of the unencumbered value of the land (whichever is the greater) and,\nif consideration is not given, on the relevant proportion of the unencumbered\nvalue of the land.\n(5) For subclause (4), a symmetrical partition of land is one in which\nthe portions resulting from the partition are in accordance with the\nproportionate interests of the owners prior to the partition;\notherwise, the partition is to be regarded as asymmetrical.\n(6) If the conveyance is made subsequent to, and in conformity with,\nan agreement for the conveyance that has been stamped with\nad valorem duty, the duty payable on the conveyance is $5.\n(6A) If the conveyance is made of dutiable property as mentioned in\nsection 17A(2A), the duty payable on the transfer is $5.\n(7) If:\n(a) a conveyance of dutiable property is made on terms under\nwhich the conveyee is to hold the property on trust; and\n(b) a declaration of trust is made in anticipation of the conveyance\nof dutiable property to the declarant to be held on trust; and\n(c) both instruments relate to the same dutiable property; and\n\nStamp Duty Act 1978 126\n(d) ad valorem duty has been paid on one of the instruments;\nthe duty payable on the other instrument is $5.\n(8) The duty payable on a managed investment scheme conveyance is\n$20.\n(9) If a conveyance is a grant by the Territory of an estate in fee simple\nin land, or of a convertible Crown lease, for monetary consideration,\nthe duty is calculated at the ad valorem rate:\n(a) if paragraphs (b) and (c) do not apply – on the amount of the\nconsideration; or\n(b) if all of the consideration is unascertainable at the time of the\ngrant – the unencumbered value of the land at that time; or\n(c) if part of the consideration is unascertainable at the time of the\ngrant – on the greater of the following:\n(i) the amount of the consideration that is ascertainable at\nthat time;\n(ii) the unencumbered value of the land at that time.\n(10) If a conveyance is a foreclosure order, the duty is calculated at the\nad valorem rate on the dutiable value of dutiable property subject to\nthe mortgage to which the foreclosure relates.\n2 Deeds not otherwise charged\n(1) A deed:\n(a) that is not chargeable with ad valorem duty; and\n(b) that:\n(i) constitutes a trust; or\n(ii) varies a trust in any way; or\n(iii) deals with actual, potential or contingent interests or\nentitlements under a trust; or\n(iv) extinguishes a trust;\nis a dutiable instrument.\n(2) The duty payable on such a deed is $20.\n\nStamp Duty Act 1978 127\n(3) This item does not apply to Special Disability Trust as defined in the\nSocial Security Act 1991 (Cth) or Veterans Entitlement Act 1986\n(Cth).\n","sortOrder":134},{"sectionNumber":"3","sectionType":"section","heading":"Instrument for the appointment of a trustee","content":"3 Instrument for the appointment of a trustee\n(1) An instrument for the appointment of a trustee is a dutiable\ninstrument.\n(2) The duty payable on such an instrument is $20.\n4 Lease of land in the Territory\n(1) A lease of land in the Territory is a dutiable instrument if duty is\nchargeable on the grant of the lease.\n(2) Duty is only chargeable on the grant of a lease if, in addition to or\ninstead of rent payable for the lease, valuable consideration is\ngiven:\n(a) for the lease; or\n(b) for an option under which the lease is granted.\n(3) If valuable consideration in addition to, or instead of, rent is given\nfor a lease, duty is to be calculated at the ad valorem conveyance\nrate on the amount or value of the consideration.\n(4) However, if a lease is entered into subsequent to, and in conformity\nwith, an agreement for the lease that has been stamped with ad\nvalorem duty, the duty payable on the lease is $5.\n5 Motor vehicle certificate of registration\n(1) A motor vehicle certificate of registration is a dutiable instrument.\n(2) The duty payable on a motor vehicle certificate of registration is $3\nfor every $100 or fractional part of $100 of the dutiable value of the\nmotor vehicle.\n6 Policy of insurance\n(1) A policy of insurance is a dutiable instrument.\n(3) The duty on a policy of insurance:\n(a) is payable on the issue and each renewal of the policy; and\n\nStamp Duty Act 1978 128\n(b) is:\n(i) for a policy issued, or renewed, for one year or less –\n10% of the amount of the premium; and\n(ii) for a policy issued or renewed for a term of more than\none year – 10% of the amount of the premium for each\nyear and any fractional part of a year in the term.\n(4) The duty on a policy of insurance that is a life insurance rider is\ncalculated in accordance with subclause (3) on the part of the\npremium payable for the life policy that is apportioned to the rider.\n7 Instrument to correct error\n(1) An instrument to correct an error in a duly stamped instrument (the\nprincipal instrument) is itself a dutiable instrument.\n(2) If the Commissioner is satisfied that the sole purpose of the\ninstrument is to correct an error that would not have increased the\nliability of the principal instrument to duty, the duty payable on such\nan instrument is $20.\n(3) If the Commissioner is not so satisfied, the duty is the difference\nbetween the amount of duty that should have been paid, and the\namount actually paid, on the principal instrument plus interest and\npenalty tax assessed by the Commissioner on the basis that the\nperson liable for duty on the principal instrument has been in default\nin respect of that sum since duty on the principal instrument fell due\nfor payment.\n8 Counterpart or copy of duly stamped instrument\nThe Commissioner must, on lodgement of a counterpart or copy of\na duly stamped instrument, stamp the counterpart or copy with a\nstamp indicating that the original has been duly stamped on\npayment to the Commissioner of a fee of $5.\nNote\nA counterpart or copy is itself dutiable in the same way as the original if the\noriginal has not been duly stamped.\n\nStamp Duty Act 1978 129\nsection 4(1)\ndefinition exempt instrument or transaction\nConveyances\n1 Conveyance to the Territory, to a Government Business Division\ndeclared by regulation to be a Government Business Division to\nwhich this exemption applies or to an authority of the Territory other\nthan a Government Business Division. (If a conveyance falls\npartially within and partially outside the terms of this exemption,\nduty is to be calculated as if the conveyance were not exempt and\nthen proportionately reduced to reflect the extent of the exemption.)\n2 Conveyance to the Commonwealth or to an authority of the\nCommonwealth.\n3 Conveyance for the purposes of a compulsory transfer of business\nunder Part 4 of the Financial Sector (Business Transfer and Group\nRestructure) Act 1999 (Cth).\n4 Statutory vesting:\n(a) by which property vests in a company only because of its\nregistration under Part 5B.1 of the Corporations Act 2001; or\n(b) by which property held by a person for or on behalf of an\nassociation vests in the association under section 12 of the\nAssociations Act 2003 only because of its incorporation under\nthat Act; or\n(c) by which property vests in the executor or administrator of a\ndeceased person's estate under section 52 of the\nAdministration and Probate Act 1969.\n5 Conveyance during the winding-up of a company of its property to\na shareholder of the company where the shareholder is entitled to\nthe property on a distribution in specie unless the conveyance is or\nis part of a tax avoidance scheme.\n6 Conveyance:\n(a) that the Commissioner is satisfied is made solely for the\npurpose of effecting the appointment of a new trustee on the\nretirement of a trustee or as an additional trustee, if:\n(i) no beneficial interest passes in the property conveyed;\nand\n\nStamp Duty Act 1978 130\n(ii) the trust is a discretionary trust – no change of potential\nbeneficial interest occurs as a result of the transaction;\nand\n(iii) the property conveyed was acquired by the retiring\ntrustee or existing trustee in the capacity of trustee by\nvirtue of an instrument that was duly stamped, was\nexempt from duty under this Schedule (or a\n(b) made by a trustee of a non-discretionary trust to a beneficiary\n(i) the conveyance is made in accordance with the terms of\nthe trust (but not for valuable consideration); and\n(ii) the property conveyed was acquired by the trustee by\nvirtue of an instrument that was duly stamped, was\nexempt from duty under this Schedule (or a\n(c) made by a trustee of a discretionary trust to a beneficiary\n(i) the beneficiary is an individual and, as a result of the\nconveyance, becomes absolute owner of the property\nconveyed; and\n(ii) the conveyance is not made for valuable consideration\n(which may take any form including the forgiveness of or\nrelease from a debt or obligation) given or to be given by\nthe beneficiary or anyone else; and\n(iii) the conveyance is in accordance with the terms of the\ntrust and the property conveyed was acquired by the\ntrustee by virtue of an instrument that was duly stamped,\nwas exempt from duty under this Schedule (or a\n(d) made by a trustee as executor of the will, or administrator of\nthe estate, of a deceased person, to a beneficiary of the\ndeceased person's estate in accordance with the provisions of\nthe will or the rules of intestate distribution; or\n\nStamp Duty Act 1978 131\n(e) in relation to which the Commissioner is satisfied of both of the\n(i) no valuable consideration is given for the conveyance;\n(ii) the conveyance is made to a Special Disability Trust as\ndefined in the Social Security Act 1991 (Cth) or Veterans\nEntitlement Act 1986 (Cth).\n7 Conveyance where the Commissioner is satisfied that:\n(a) there are 2 parties to the conveyance and each is the spouse\nof the other; and\n(b) the property subject to the conveyance is the principal place of\nresidence of the parties to the conveyance; and\n(c) no consideration is given for the conveyance; and\n(d) the effect of the conveyance is that both parties to the\nconveyance will own the place of residence to which the\nconveyance relates in equal shares; and\n(e) no other person takes an interest under the conveyance.\n8 Conveyance to a former bankrupt from the estate of the former\nbankrupt (except where the bankrupt takes the property as trustee\nof a trust).\n9 Grant of a resource interest unless, in the opinion of the\nCommissioner, the grant forms part of a wider transaction\namounting in effect to a transfer of the resource interest.\n10 Conveyance of chattels as part of a transaction that:\n(a) includes a conveyance or grant of a lease, or an interest in a\nlease, of land for nil or only nominal dutiable value; and\n(b) does not include a conveyance of any other dutiable property.\n","sortOrder":135},{"sectionNumber":"12","sectionType":"section","heading":"Grant of an estate in fee simple or other lesser estate in land from","content":"12 Grant of an estate in fee simple or other lesser estate in land from\nthe Crown other than:\n(a) a grant of an estate in fee simple or lesser estate after the\nsurrender of a convertible Crown lease held over the same\nland the subject of the grant where:\n(i) the grantee was not the person who surrendered the\nconvertible Crown lease; and\n\nStamp Duty Act 1978 132\n(ii) the grant, in the opinion of the Commissioner, forms part\nof a wider transaction amounting, in effect, to a transfer\nof the estate in the land; or\n(b) a grant of an estate in fee simple or convertible Crown lease\nfor which monetary consideration is given or agreed to be\ngiven (whether or not the consideration is subject to specified\nconditions and whether or not those conditions have been\nmet); or\n(c) a grant of a resource interest.\n14 Conveyance of dutiable property to an exempt entity.\nLeases\n15 Lease that is a residence contract under the Retirement Villages\nAct 1995.\n16 Lease to the Territory, to a Government Business Division declared\nby regulation to be a Government Business Division to which this\nexemption applies or to an authority of the Territory other than a\nGovernment Business Division.\n17 Lease to the Commonwealth or to an authority of the\nCommonwealth.\n18 Lease of property to an exempt entity.\nInsurance\n19 An insurance cover-note in pursuance of which a duly stamped\npolicy is issued within 3 months of the date of the cover-note.\n20 A policy of insurance issued to the original insured or the insured's\npersonal representative in pursuance of a cover-note which has\nbeen duly stamped as a policy.\n21 A policy of insurance taken out as required under the Return to\nWork Act 1986.\n","sortOrder":136},{"sectionNumber":"22","sectionType":"section","heading":"A policy of medical benefits insurance issued by a person","content":"22 A policy of medical benefits insurance issued by a person\nregistered as a private health insurer under Part 4-3 of the Private\nHealth Insurance Act 2007 (Cth) that provides hospital benefits or\nmedical benefits (or both) whether or not other benefits are also\nprovided.\n","sortOrder":137},{"sectionNumber":"22A","sectionType":"section","heading":"A life policy issued by a life insurer (other than a life insurance","content":"22A A life policy issued by a life insurer (other than a life insurance\nrider).\n\nStamp Duty Act 1978 133\n","sortOrder":138},{"sectionNumber":"22B","sectionType":"section","heading":"An authorised RBI policy, as defined in section 54CB of the Building","content":"22B An authorised RBI policy, as defined in section 54CB of the Building\nAct 1982, issued on or after 1 July 2015 in accordance with Part 5A\nof the Building Act 1982.\n","sortOrder":139},{"sectionNumber":"22C","sectionType":"section","heading":"A fidelity certificate, as defined in section 54D of the Building","content":"22C A fidelity certificate, as defined in section 54D of the Building\nAct 1982, issued on or after 1 July 2015 in accordance with Part 5A\nof the Building Act 1982.\nMotor vehicle certificates of registration\n23 Any of the following motor vehicle certificates of registration:\n(a) a motor vehicle certificate of registration issued to the person\nin whose name the vehicle was last registered before it was\nissued (whether registered in the Territory or elsewhere and\nwhether or not that registration has expired) other than:\n(ii) a motor vehicle certificate of registration issued in\nrespect of a motor vehicle that:\n(A) is a motor vehicle in which seating is provided for\nnot less than 12 persons; and\n(B) is being registered under the Motor Vehicles\nAct 1949 by a person who has, until so registering\nthe motor vehicle, never paid any stamp duty in\nrelation to that motor vehicle under any law in force\nin the Commonwealth or a State or Territory of the\nCommonwealth; or\n(iii) a motor vehicle certificate of registration, or a motor\nvehicle certificate of registration belonging to a class of\nmotor vehicle certificates of registration, prescribed for\nthe purposes of this subparagraph;\n(b) a motor vehicle certificate of registration issued following a\nconveyance of the motor vehicle:\n(i) to a person who is the spouse, parent, child or stepchild\nof the person in whose name the vehicle was last\nregistered (whether in the Territory or elsewhere) before\nthe issue of the motor vehicle certificate of registration;\nor\n(ii) to or from the spouse, parent, child or stepchild jointly\nwith that person;\nif the conveyance is wholly by way of gift;\n\nStamp Duty Act 1978 134\n(c) a motor vehicle certificate of registration issued to a person\nwho is engaged solely or principally in the business of\nagricultural or pastoral production other than in respect of a\nvehicle designed primarily and principally for the transport of\npersons;\n(d) a motor vehicle certificate of registration issued to a person to\ngive effect to:\n(i) a change in that person's name; or\n(ii) a change in the name of the business carried on by that\nperson;\n(e) a motor vehicle certificate of registration issued to a person:\n(i) who is the executor or administrator of, or the person\nadministering, the estate of a deceased person for the\npurpose of transferring the vehicle to a person\nbeneficially entitled to the vehicle; or\n(ii) who is the executor or administrator of, or the person\nadministering, the estate of a deceased person for the\npurpose of sale in the course of winding-up the estate of\na deceased person; or\n(iii) who is beneficially entitled to the vehicle under the\nestate of a deceased person;\n(f) a duplicate motor vehicle certificate of registration;\n(g) a motor vehicle certificate of registration issued on an\napplication for registration by the Territory, by a Government\nBusiness Division declared by regulation to be a Government\nBusiness Division for the purposes of this item or by a person\nacting on behalf of the Territory other than a Government\nBusiness Division;\n(h) a motor vehicle certificate of registration issued in the name of\nan exempt entity;\n(i) a motor vehicle certificate of registration issued to a person\nwho, in the opinion of the Commissioner, is engaged\nprincipally in the business of buying and selling motor vehicles\n(a motor vehicle trader) in respect of:\n(i) a vehicle acquired by the motor vehicle trader for the\npurpose of resale by the motor vehicle trader in the\nordinary course of business; or\n\nStamp Duty Act 1978 135\n(ii) a new motor vehicle used solely or principally by the\nmotor vehicle trader to sell new motor vehicles of the\nsame class;\nother than:\n(iii) a vehicle used solely or principally by the motor vehicle\ntrader, a member of the motor vehicle trader's staff or a\nmember of the motor vehicle trader's family; or\n(iv) a vehicle used for general purposes in the motor vehicle\ntrader's business;\n(j) a motor vehicle certificate of registration issued in respect of a\nvehicle that is:\n(i) a motorised wheelchair; or\n(ii) an experimental or research vehicle that has no readily\nascertainable market value; or\n(iii) a vehicle that has been brought into the Territory\nprincipally to take part in, or be part of, a specific event\nor specific events; or\n(iv) registered under the Motor Vehicles Act 1949 as an\nenthusiast vehicle; or\n(v) a trailer that has a gross vehicle mass of not more\nthan 4.5 t;\nNote for subparagraph (v)\nA caravan is a trailer within the meaning of the definition trailer in the\nMotor Vehicles Act 1949.\n(k) a motor vehicle certificate of registration issued:\n(i) to a veteran who is eligible to receive a pension at the\nrate specified by section 22(4) or 24(4) of the Veterans'\nEntitlements Act 1986 (Cth); and\n(ii) in respect of a motor vehicle for the veteran's\nnon-commercial use;\n(l) a motor vehicle certificate of registration issued to a person\nsolely to correct an error on another motor vehicle certificate\nof registration on which stamp duty has been paid.\n\nStamp Duty Act 1978 136\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nTaxation (Administration) Ordinance 1978 (Act No. 49, 1978)\nAssent date 30 June 1978\nCommenced 1 July 1978 (s 2)\nTaxation (Administration) Act (No. 2) 1978 (Act No. 96, 1978)\nAssent date 5 September 1978\nCommenced 5 September 1978\nTaxation (Administration) Act (No. 3) 1978 (Act No. 14, 1979)\nAssent date 26 January 1979\nCommenced 26 January 1979\nTaxation (Administration) Act 1979 (Act No. 72, 1979)\nAssent date 26 June 1979\nCommenced 26 June 1979\nTaxation (Administration) Act (No. 2) 1979 (Act No. 160, 1979)\nAssent date 12 December 1979\nCommenced 9 May 1980 (Gaz G19, 9 May 1980, p 17)\nTaxation (Administration) Amendment Act 1981 (Act No. 68, 1981)\nAssent date 31 August 1981\nCommenced 1 September 1981 (s 2)\nTaxation (Administration) Amendment Act 1982 (Act No. 78, 1982)\nAssent date 8 December1982\nCommenced 8 December1982\nTaxation (Administration) Amendment Act 1983 (Act No. 34, 1983)\nAssent date 3 October 1983\nCommenced 3 October 1983\n\nStamp Duty Act 1978 137\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nTaxation (Administration) Amendment Act 1985 (Act No. 26, 1985)\nAssent date 26 June 1985\nCommenced 4 June 1985 (s 2)\nTaxation (Administration) Amendment Act (No. 2) 1985 (Act No. 54, 1985)\nAssent date 25 November 1985\nCommenced 1 December 1985 (s 2)\nCompanies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986)\nAssent date 30 June 1986\nCommenced 1 July 1986 (s 2)\nTaxation (Administration) Amendment Act 1986 (Act No. 61, 1986)\nAssent date 19 December 1986\nCommenced 19 December 1986\nTaxation (Administration) Amendment Act 1987 (Act No. 31, 1987)\nAssent date 31 July 1987\nCommenced 1 August 1987 (s 2)\nTaxation (Administration) Amendment Act (No. 2) 1987 (Act No. 34, 1987)\nAssent date 31 July 1987\nCommenced 1 August 1987 (s 2)\nTaxation (Administration) Amendment Act 1988 (Act No. 4, 1988)\nAssent date 21 March 1988\nCommenced 24 August 1988 (Gaz S44, 24 August 1988)\nTaxation (Administration) Amendment Act (No. 2) 1988 (Act No. 53, 1988)\nAssent date 17 November 1988\nCommenced ss 1 to 5: 17 November 1988; ss 6 and 9: 17 August 1988;\nss 7 and 8: 1 September 1988 (s 2)\nTaxation (Administration) Amendment Act 1989 (Act No. 23, 1989)\nAssent date 15 June 1989\nCommenced 29 November 1989 (s 2, s 2 Racing and Betting Amendment\nAct 1989 (Act No. 12, 1989), s 2 Unlawful Betting Act 1989\n(Act No. 13, 1989) and Gaz G17, 3 May 1989, p 2)\nAmending Legislation\nStatute Law Revision Act 1989 (Act No. 60, 1989)\nAssent date 2 October 1989\nCommenced 2 October 1989\nTaxation (Administration) Amendment Act (No. 2) 1989 (Act No. 42, 1989)\nAssent date 20 September 1989\nCommenced s 7: 1 December 1989; rem: 20 September 1989 (s 2)\n\nStamp Duty Act 1978 138\nTaxation (Administration) Amendment Act 1990 (Act No. 22, 1990)\nAssent date 7 June 1990\nCommenced 1 January 1991 (s 2, s 2 Stamp Duty Amendment Act 1990\n(Act No. 21, 1990) and Gaz S76, 21 December 1990)\nLocal Court (Consequential Amendments) Act 1990 (Act No. 31, 1990)\nAssent date 11 June 1990\nCommenced 1 January 1991 (s 2, s 2 Local Court Act 1989 (Act No. 31,\n1989) and Gaz G49, 12 December 1990, p 2)\nStatute Law Revision Act 1990 (Act No. 33, 1990)\nAssent date 11 June 1990\nCommenced 11 June 1990\nTaxation (Administration) Amendment Act (No. 2) 1990 (Act No. 47, 1990)\nAssent date 20 September 1990\nCommenced 20 September 1990\nDebits Tax Act 1990 (Act No. 55, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2 and s 2 Debits Tax Termination Act 1990\n(Cth Act No. 136, 1990))\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nTaxation (Administration) Amendment Act 1991 (Act No. 18, 1991)\nAssent date 3 June 1991\nCommenced 3 June 1991\nReal Property (Consequential Amendments) Act 1991 (Act No. 33, 1991)\nAssent date 25 June 1991\nCommenced 1 October 1991 (Gaz S49, 1 October 1991)\nTaxation (Administration) Amendment Act (No. 2) 1991 (Act No. 80, 1991)\nAssent date 24 December 1991\nCommenced 1 January 1992 (s 2)\nTaxation (Administration) Amendment Act 1992 (Act No. 52, 1992)\nAssent date 18 September 1992\nCommenced 1 July 1992 (s 2)\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nTaxation (Administration) Amendment Act 1993 (Act No. 59, 1993)\nAssent date 5 October 1993\nCommenced 31 August 1994 (Gaz G35, 31 August 1994, p 6)\n\nStamp Duty Act 1978 139\nTaxation (Administration) Amendment Act (No. 2) 1993 (Act No. 60, 1993)\nAssent date 5 October 1993\nCommenced 1 October 1993 (s 2)\nTaxation (Administration) Amendment Act 1994 (Act No. 43, 1994)\nAssent date 30 June 1994\nCommenced 1 July 1994 (s 2)\nTaxation (Administration) Amendment Act (No. 2) 1994 (Act No. 71, 1994)\nAssent date 15 December 1994\nCommenced 15 December 1994\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4,\n1995) and Gaz S13, 31 March 1995)\nTaxation (Administration) Amendment Act 1995 (Act No. 49, 1995)\nAssent date 15 November 1995\nCommenced 1 July 1995 (s 2, s 2 Stamp Duty Amendment Act\n(No. 2) 1995 (Act No. 48, 1995))\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nTaxation (Administration) Amendment Act 1998 (Act No. 19, 1998)\nAssent date 30 March 1998\nCommenced 30 March 1998\nTaxation (Administration) Amendment Act 1999 (Act No. 14, 1999)\nAssent date 1 April 1999\nCommenced ss 7(b), 18(a), (b), and (c) and 29(a): 1 July 1998;\nrem: 1 April 1999 (s 2)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nStatute Law Revision Act (No. 2) 1999 (Act No. 48, 1999)\nAssent date 10 November 1999\nCommenced 10 November 1999\nStatute Law Revision Act 2000 (Act No. 19, 2000)\nAssent date 6 June 2000\nCommenced 12 July 2000 (Gaz G27, 12 July 2000, p 2)\nFinancial Relations Agreement (Consequential Provisions) Act 2000 (Act No. 32, 2000)\nAssent date 27 June 2000\nCommenced 1 July 2001 (s 2)\nTaxation (Administration) Amendment Act 2000 (Act No. 36, 2000)\nAssent date 27 June 2000\nCommenced 1 July 2000 (s 2)\n\nStamp Duty Act 1978 140\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced s 17(1) and (6): 1 July 2001 (s 2(2) and (3))\nTaxation (Administration) Amendment Act 2001 (Act No. 47, 2001)\nAssent date 19 July 2001\nCommenced ss 4(1), 5, 15, 23 and 26: 29 May 2001; ss 4(2) and (3), 6\nto 8, 14, 16 to 22, 24, 25, 27 to 29 and 31: 1 July 2001; ss 9,\n13 and 30: 1 November 2001 (s 2, s 2 Financial Relations\nAgreement (Consequential Provisions) Act (Act No. 32, 2000)\nand Gaz G42, 24 October 2001, p 4)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nCorporations (Financial Services Reform Amendments) Act 2002 (Act No. 16, 2002)\nAssent date 7 June 2002\nCommenced 11 March 2002 (s 2, s 2 Financial Services Reform Act 2001\n(Cth Act No. 122, 2001), s 2 Corporations Act 2001 (Cth Act\nNo. 50, 2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nTaxation (Administration) Amendment Act 2001 (Act No. 50, 2002)\nAssent date 10 October 2002\nCommenced 10 October 2002 (s 2)\nStatute Law Revision Act 2003 (Act No. 12, 2003)\nAssent date 18 March 2003\nCommenced 18 March 2003\nTaxation (Administration) Amendment Act 2003 (Act No. 34, 2003)\nAssent date 30 June 2003\nCommenced ss 4 and 23: rep (Act No. 21, 2011);\nss 11 to 22 and 28: 27 May 2003; rem: 1 July 2003 (s 2)\nAmending Legislation\nRevenue Legislation Amendment Act 2011 (Act No. 21, 2011)\nAssent date 24 June 2011\nCommenced pt 2: 3 May 2011; rem: 1 July 2011 (s 2)\nStatute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)\nAssent date 7 July 2003\nCommenced 7 July 2003\n\nStamp Duty Act 1978 141\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nTaxation (Administration) Amendment Act 2004 (Act No. 41, 2004)\nAssent date 6 July 2004\nCommenced pt 1: 6 July 2004; pt 2: 18 May 2004;\npts 3, 4 and 5: 1 July 2004; pt 6: 23 June 2004 (s 2)\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nTaxation (Administration) Amendment (Objections and Appeals )Act 2005 (Act No. 5,\n2005)\nAssent date 4 March 2005\nCommenced 31 March 2005 (Gaz S11, 31 March 2005, p 1)\nAustralian Crime Commission (Consequential Amendments) Act 2005 (Act No. 7, 2005)\nAssent date 17 March 2005\nCommenced 18 May 2005 (s 2, s 2 Australian Crime Commission\n(Northern Territory) Act 2005 (Act No. 6, 2005) and Gaz G20,\n18 May 2005, p 2)\nTaxation (Administration) Amendment Act 2005 (Act No. 28, 2005)\nAssent date 18 July 2005\nCommenced s 3 and pts 2 and 3: 3 May 2005; pts 4 and 5: 1 July 2005;\nrem: 18 July 2005 (s 2)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nTreasury Legislation and Consequential Amendment Act 2006 (Act No. 19, 2006)\nAssent date 28 June 2006\nCommenced pt 1: 28 June 2006; pt 2: 2 May 2006; rem: 1 July 2006 (s 2)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nRevenue (Budget Initiatives) Amendment Act 2007 (Act No. 12, 2007)\nAssent date 30 June 2007\nCommenced pt 2, div 2 and pt 3, div 2: 1 May 2007; rem: 1 July 2007 (s 2)\nRevenue Law Reform (Stamp Duty) Act 2007 (Act No. 27, 2007)\nAssent date 29 October 2007\nCommenced 1 January 2008 (s 2)\nLaw Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz S29, 25 June 2008)\nRevenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008)\nAssent date 30 June 2008\nCommenced pt 1, ss 3, 12(1), 18 and 19: 1 January 2008;\nss 7, 10 and 11(1): 6 May 2008; rem: 1 July 2008 (s 2)\n\nStamp Duty Act 1978 142\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nRevenue Legislation Amendment Act 2009 (Act No. 17, 2009)\nAssent date 25 June 2009\nCommenced pt 1 and pt 3 divs 1 and 2: 1 October 2008;\npt 3 div 3: 6 May 2009; pt 2 divs 1 and 2, pt 3, div 4 and pts 4\nand 5: June 2009; pt 3, dev 5: 1 July 2009; pt 2, div 3 and\npt 3, div 6: 1 January 2010 (s 2 and Gaz G49,\n9 December 2009, p 3)\nRevenue and Other Legislation Amendment Act 2010 (Act No. 21, 2010)\nAssent date 30 June 2010\nCommenced pt 2 and pt 4 divs 1 and 2: 4 May 2010; rem: 1 July 2010 (s 2)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nRevenue Legislation Amendment Act 2011 (Act No. 21, 2011)\nAssent date 24 June 2011\nCommenced pt 2: 3 May 2011; rem: 1 July 2011 (s 2)\nRevenue and Other Legislation Amendment Act 2012 (Act No. 30, 2012)\nAssent date 18 December 2012\nCommenced pts 2 and 3: 4 December 2012; pt 4: 1 January 2013;\nrem: 18 December 2012 (s 2)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nTreasury Legislation Amendment Act 2014 (Act No. 24, 2014)\nAssent date 26 June 2014\nCommenced 13 May 2014 (s 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nWorkers Rehabilitation and Compensation Legislation Amendment Act 2015 (Act No. 9,\n2015)\nAssent date 23 April 2015\nCommenced ss 3, 4, 5, 24, 25 and pt 4: 22 May 2015; rem: 1 July 2015:\n(Gaz S50, 22 May 2015)\nRevenue and Other Legislation Amendment Act 2015 (Act No. 18, 2015)\nAssent date 23 June 2015\nCommenced pt 2 and pt 5, divs 1 to 4: 28 April 2015; pts 3 and 4, pt 5,\ndivs 5 to 8 and pt 6: 1 July 2015; rem: 23 June 2015 (s 2)\nFisheries Legislation Amendment Act 2016 (Act No. 23, 2016)\nAssent date 9 June 2016\nCommenced 1 January 2017 (Gaz G51, 21 December 2016, p 12)\n\nStamp Duty Act 1978 143\nStamp Duty Amendment (First Home Owner Discount) Act 2016 (Act No. 31, 2016)\nAssent date 13 July 2016\nCommenced 13 July 2016\nStamp Duty Amendment Act 2016 (Act No. 35, 2016)\nAssent date 20 December 2016\nCommenced 20 December 2016\nRevenue and Other Legislation Amendment Act 2017 (Act No. 13, 2017)\nAssent date 27 June 2017\nCommenced 1 July 2017 (s 2)\nRevenue Legislation Amendment Act 2018 (Act No. 14, 2018)\nAssent date 28 June 2018\nCommenced pts 3, 4 and 6 (except ss 34 and 36(3)): 1 May 2018;\npt 2, divs 1 and 2, pt 5, ss 34 and 36(3) and pt 7: 1 July 2018;\npt 2, div 3 and pt 8: 1 July 2019 (s 2)\nRevenue Legislation Amendment Act 2019 (Act No. 22, 2019)\nAssent date 21 June 2019\nCommenced pt 3: 21 June 2019; rem: 8 February 2019 (s 2)\nTreasury and Finance Legislation Amendment Act 2020 (Act No. 28, 2020)\nAssent date 15 December 2020\nCommenced pts 2 and 3: 1 July 2020 (s 2(2)); pt 4: 1 December 2020\n(s 2(3)); rem: 16 December 2020 (s 2(1))\nRevenue Legislation Amendment and Repeal Act 2022 (Act No. 15, 2022)\nAssent date 30 June 2022\nCommenced 1 July 2022 (s 2)\nStamp Duty Amendment Act 2023 (Act No. 17, 2023)\nAssent date 27 June 2023\nCommenced 9 May 2023 (s 2)\nBuilding Legislation Amendment Act 2024 (Act No. 1, 2024)\nAssent date 1 March 2024\nCommenced pts 1 and 2: 15 April 2024 (Gaz G8, 11 April 2024, p 1);\nrem: 15 April 2025 (s 2(3))\nRevenue Legislation Amendment Act 2025 (Act No. 17, 2025)\nAssent date 26 June 2025\nCommenced 1 July 2025 (s 2 and s 2 Payroll Tax Amendment Act 2025\n(Act No. 1, 2025)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 4 Taxation (Administration) Act (No. 2) 1978 (Act No. 96, 1978)\ns 10 and Pt 6, Div 3 Financial Relations Agreement (Consequential\nProvisions) Act 2000 (Act No. 32, 2000)\nss 24 and 25(2) Taxation (Administration) Amendment Act 2000 (Act No. 36,\n2000)\ns 30 Taxation (Administration) Amendment Act 2001 (Act No. 47, 2001)\nss 16(2) and (3) and 23(2) Taxation (Administration) Amendment Act 2003\n(Act No. 34, 2003)\ns 97 of this Act for repeal of former transitional provisions (Parts IX to XII)\n\nStamp Duty Act 1978 144\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 4AB, 23, 43, 56A, 56BD,\n56K, 56M, 58, 86, 88, 89, 89A, 90, 90A, 91, 91A, 103 and 105 and Sch 2.\n5 LIST OF AMENDMENTS\nlt amd No. 31, 1987, s 15; No. 27, 2007, s 5\npt 1 hdg amd No. 27, 2007, s 6\ns 1 amd No. 31, 1987, s 15\nsub No. 27, 2007, s 7\ns 2 amd No. 31, 1987, s 15\ns 3 amd No. 31, 1987, s 15\nrep No. 27, 2007, s 8\ns 4 amd No. 96, 1978, s 3; No. 72, 1979, s 3; No. 160, 1979, s 4; No. 68, 1981,\ns 5; No. 78, 1982, s 3; No. 54, 1985, s 4; No. 61, 1986, s 3; No. 31, 1987,\nss 4 and 15; No. 34, 1987, s 4; No. 4, 1988, s 4; No. 53, 1988, s 4; No. 42,\n1989, s 4; No. 22, 1990, s 4; No. 47, 1990, s 3; No. 18, 1991, s 3; No. 80,\n1991, s 4; No. 60, 1993, s 4; No. 43, 1994, s 4; No. 19, 1998, s 3; No. 14,\n1999, s 4; No. 19, 2000, s 9; No. 32, 2000, ss 5, 13 and 26; No. 36, 2000,\nss 4, 22, 25, 26, 27, 31 and 42; No. 17, 2001, s 17; No. 47, 2001, s 4; No. 16,\n2002, s 7; No. 50, 2002, s 4; No. 44, 2003, s 4; No. 54, 2004, s 7; No. 28,\n2005, s 6; No. 44, 2005, s 31; No. 19, 2006, ss 20, 35, 47, 65 and 81; No. 12,\n2007, ss 11 and 19; No. 27, 2007, s 9; No. 23, 2008, s 4; No. 17, 2009, ss 15,\n23 and 29; No. 21, 2010, ss 20 and 37; No. 21, 2011, s 26; No. 37, 2010,\ns 10; No. 18, 2015, s 29; No. 23, 2016, s 69; No. 14, 2018, s 31; No. 15,\n2022, s 18; No. 17, 2023, s 4; No. 17, 2025, s 16\ns 4A ins No. 36, 2000, s 17\namd No. 50, 2002, s 5; No. 44, 2003, s 4; No. 41, 2004, s 4; No. 19, 2006,\ns 48; No. 12, 2007, s 20; No. 27, 2007, s 10; No. 18, 2015, s 40; No. 14,\n2018, s 32\ns 4AB ins No. 19, 2006, s 66\nsub No. 27, 2007, s 11\namd No. 23, 2008, s 5; No. 37, 2010, s 10; No. 14, 2018, s 33\ns 4AC ins No. 27, 2007, s 11\ns 4B ins No. 47, 2001, s 5\namd No. 41, 2004, s 5; No. 19, 2006, s 27; No. 27, 2007, s 12; No. 21, 2010,\ns 37\ns 4C ins No. 50, 2002, s 6\namd No. 19, 2006, s 36\nrep No. 17, 2023, s 5\ns 4D ins No. 19, 2006, s 67\nsub No. 27, 2007, s 13\namd No. 17, 2023, s 6\ns 4E ins No. 17, 2009, s 16\ns 4F ins No. 17, 2009, s 30\namd No. 17, 2025, s 17\npt 2 hdg sub No. 27, 2007, s 14\ns 5 amd No. 31, 1987, s 15; No. 4, 1988, s 5\nsub No. 27, 2007, s 14\nss 5A – 5B ins No. 4, 1988, s 6\namd No. 28, 1993, s 3\n\nStamp Duty Act 1978 145\ns 6 amd No. 31, 1987, s 15\nsub No. 19, 1998, s 4\ns 7 amd No. 31, 1987, s 15; No. 4, 1988, s 7; No. 42, 1989, s 5; No. 59, 1993,\ns 3; No. 60, 1993, s 5; No. 5, 1995, s 19; No. 14, 1999, s 5; No. 50, 2002, s 7\ns 8 amd No. 31, 1987, s 15; No. 19, 2006, s 82\npt 3 hdg sub No. 27, 2007, s 15\ns 9 amd No. 72, 1979, s 4; No. 31, 1987, ss 5 and 15; No. 43, 1994, s 5; No. 14,\n1999, s 6; No. 47, 2001, s 6; No. 19, 2006, s 83\nsub No. 27, 2007, s 16\namd No. 23, 2008, s 6; No. 17, 2009, s 31; No. 18, 2015, s 30 No. 17, 2023,\ns 7\ns 9A ins No. 78, 1982, s 4\namd No. 43, 1994, s 6; No. 14, 1999, s 7; No. 32, 2000, s 27\nsub No. 27, 2007, s 16\ns 9B ins No. 31, 1987, s 6\ns 9BA ins No. 80, 1991, s 5\namd No. 50, 2002, s 8; No. 19, 2006, s 37\nrep No. 17, 2023, s 8\ns 9BB ins No. 47, 2001, s 7\namd No. 50, 2002, s 9; No. 19, 2006, s 38; No. 27, 2007, s 17; No. 21, 2010,\ns 37\nrep No. 17, 2023, s 8\ns 9BC ins No. 50, 2002, s 10\ns 9C ins No. 31, 1987, s 6\namd No. 27, 2007, s 18; No. 21, 2010, s 37\ns 9D ins No. 18, 1991, s 4\ns 10 amd No. 31, 1987, ss 7 and 15; No. 17, 1996, s 6; No. 14, 1999, s 8; No. 19,\n2006, s 68\nsub No. 27, 2007, s 19\ns 11 amd No. 31, 1987, s 15; No. 19, 2006, s 84\nsub No. 27, 2007, s 19\ns 12 amd No. 19, 2006, s 85\nrep No. 27, 2007, s 18\ns 13 sub No. 19, 2006, s 86\nrep No. 27, 2007, s 18\ns 14 amd No. 31, 1987, s 15; No. 60, 1993, s 6; No. 14, 1999, s 30\nrep No. 19, 2006, s 87\ns 15 amd No. 31, 1987, s 15\ns 16 sub No. 27, 2007, s 20\ns 17 amd No. 72, 1979, s 5; No. 78, 1982, s 5; No. 31, 1987, ss 8 and 15; No. 60,\n1993, s 7; No. 43, 1994, s 7; No. 19, 2006, s 27\ns 17A ins No. 53, 1988, s 5\namd No. 42, 1989, s 6; No. 14, 1999, s 30; No. 36, 2000, s 43; No. 47, 2001,\ns 8\namd No. 17, 2009, s 32; No. 21, 2010, s 21\ndiv 2 hdg rep No. 60, 1993, s 20\n\nStamp Duty Act 1978 146\ns 18 amd No. 72, 1979, s 6; No. 31, 1987, s 15\ns 19 amd No. 31, 1987, s 15\namd No. 19, 2006, s 21; No. 12, 2007, s 17\nsub No. 27, 2007, s 21\ns 20 amd No. 31, 1987, s 15\namd No. 34, 2003, s 5; No. 19, 2006, s 22; No. 12, 2007, s 18; No. 21, 2010,\ns 37\ns 21 rep No. 60, 1993, s 8\namd No. 27, 2007, s 22\ns 22 amd No. 31, 1987, s 15\nrep No. 19, 2006, s 23\ns 23 amd No. 31, 1987, s 15\namd No. 34, 2003, s 6; No. 19, 2006, s 27; No. 27, 2007, s 23\ns 24 amd No. 31, 1987, s 15\namd No. 27, 2007, s 24\ns 24A ins No. 14, 1979, s 3\nss 25 – 26 rep No. 60, 1993, s 8\namd No. 19, 2006, s 27; No. 27, 2007, s 26\ndiv 3 hdg rep No. 42, 1989, s 7\ns 27 rep No. 42, 1989, s 7\ns 28 amd No. 31, 1987, s 15\namd No. 27, 2007, s 27; No. 21, 2010, s 37\ns 29 amd No. 31, 1987, s 15\namd No. 34, 2003, s 7\ns 29AA ins No. 34, 2003, s 8\ndiv 3A hdg ins No. 54, 1985, s 5\ns 29A ins No. 54, 1985, s 5\n\nStamp Duty Act 1978 147\ns 29B ins No. 54, 1985, s 5\nss 29C – 29G ins No. 54, 1985, s 5\ndiv 3B hdg ins No. 54, 1985, s 5\ns 29H ins No. 54, 1985, s 5\namd No. 62, 2001, s 15; No. 38, 2002, s 6\ns 29J ins No. 54, 1985, s 5\namd No. 14, 1999, s 9\nss 29K – 29M ins No. 54, 1985, s 5\ns 29N ins No. 54, 1985, s 5\namd No. 14, 1999, s 10\ns 29P ins No. 54, 1985, s 5\ns 29Q ins No. 54, 1985, s 5\nsub No. 14, 1999, s 11\ndiv 4 hdg rep No. 42, 1989, s 7\nss 30 – 31 rep No. 42, 1989, s 7\ns 32 amd No. 72, 1979, s 7; No. 31, 1987, s 15\ns 33 amd No. 31, 1987, s 15\ns 34 rep No. 42, 1989, s 7\ndiv 5 hdg rep No. 42, 1989, s 7\ns 35 amd No. 72, 1979, s 8\ns 36 sub No. 72, 1979, s 9\namd No. 31, 1987, s 15\ns 37 sub No. 72, 1979, s 9\nins No. 47, 2001, s 9\namd No. 34, 2003, s 9; No. 21, 2010, s 37\ns 37A ins No. 18, 2015, s 31\ns 38 rep No. 42, 1989, s 7\nins No. 36, 2000, s 18\namd No. 27, 2007, s 28; No. 18, 2015, s 32\ns 39 amd No. 31, 1987, s 15; No. 14, 1999, s 30\nsub No. 47, 2001, s 10\namd No. 27, 2007, s 29; No. 21, 2010, s 37\ns 41 amd No. 47, 2001, s 11\nsub No. 27, 2007, s 30\ns 42 amd No. 31, 1987, s 15; No. 14, 1999, s 30\nsub No. 27, 2007, s 30\ns 43 sub No. 27, 2007, s 30\ns 44 sub No. 14, 1999, s 12; No. 27, 2007, s 30\n\nStamp Duty Act 1978 148\ns 44A ins No. 26, 1985, s 3\namd No. 18, 1986, s 3; No. 59, 1990, s 4; No. 14. 1999, s 30; No. 36, 2000,\ns 19; No. 17, 2001, s 17\nsub No. 47, 2001, s 12; No. 27, 2007, s 30\ns 44B ins No. 26, 1985, s 3\nsub No. 47, 2001, s 13\namd No. 16, 2002, s 7\npt 3\ndiv 7 hdg rep No. 18, 2015, s 33\ns 44C ins No. 36, 2000, s 20\namd No. 27, 2007, s 31\ns 45 amd No. 31, 1987, s 15; No. 14, 1999, s 30; No. 27, 2007, s 32\ns 46 rep No. 18, 2015, s 33\ns 47 sub No. 27, 2007, s 33\ns 48 amd No. 31, 1987, s 15; No. 14, 1999, s 30\nsub No. 27, 2007, s 33\ns 49 amd No. 72, 1979, s 10\nsub No. 14, 1999, s 13; No. 27, 2007, s 33\ndiv 7A hdg ins No. 36, 2000, s 21\ns 49A ins No. 36, 2000, s 21\namd No. 18, 2015, s 34\ns 49B ins No. 36, 2000, s 21\namd No. 18, 2015, s 35\ns 49C ins No. 36, 2000, s 21\namd No. 27, 2007, s 34; No. 18, 2015, s 36\ndiv 8 hdg amd No. 72, 1979, s 11\ns 50 amd No. 72, 1979, s 12; No. 31, 1987, s 9\nsub No. 27, 2007, s 35\ns 51 amd No. 72, 1979, s 13; No. 31, 1987, s 15\nrep No. 34, 2003, s 10\ns 52 amd No. 72, 1979, s 14; No. 31, 1987, ss 10 and 15; No. 43, 1994, s 8;\nNo. 14, 1999, s 30; No. 47, 2001, s 14\nrep No. 34, 2003, s 10\ns 52A ins No. 80, 1991, s 6\namd No. 27, 2007, s 36; No. 21, 2010, s 37\ns 53 rep No. 19, 2006, s 39\ns 54 amd No. 72, 1979, s 15; No. 31, 1987, s 15\ns 55 amd No. 31, 1987, s 15; No. 14, 1999, s 30\nsub No. 36, 2000, s 23\namd No. 3, 2001, s 8\ns 55AA ins No. 36, 2000, s 23\ns 55A ins No. 18, 1991, s 4\nrep No. 27, 2007, s 37\ns 56 amd No. 36, 2000, s 44\n\nStamp Duty Act 1978 149\ns 56A ins No. 72, 1979, s 16\nsub No. 78, 1982, s 6\namd No. 31, 1987, s 11\nsub No. 80, 1991, s 7\namd No. 36, 2000, s 45; No. 41, 2004, s 14; No. 19, 2006, ss 27 and 69;\nNo. 27, 2007, s 38; No. 17, 2009, s 33\ns 56B ins No. 4, 1988 s 8\nrep No. 43, 1994, s 9\nins No. 36, 2000, s 46\namd No. 19, 2006, s 40\nrep No. 27, 2007, s 39\ndiv 8AA hdg ins No. 36, 2000, s 15\ns 56BA ins No. 36, 2000, s 15\nsub No. 27, 2007, s 40\ndiv 8AAA hdg ins No. 47, 2001, s 15\ns 56BAA ins No. 47, 2001, s 15\namd No. 44, 2003, s 4; No. 1, 2004, s 62\nrep No. 27, 2007, s 41\ns 56BAB ins No. 47, 2001, s 15\nsub No. 27, 2007, s 41\ns 56BAC ins No. 47, 2001, s 15\namd No. 41, 2004, s 11; No. 19, 2006, s 27\nsub No. 27, 2007, s 41\ndiv 8AB hdg ins No. 36, 2000, s 16\ns 56BB ins No. 36, 2000, s 16\ns 56BC ins No. 36, 2000, s 16\namd No. 19, 2006, s 27; No. 27, 2007, s 42\ns 56BD ins No. 36, 2000, s 16\namd No. 19, 2006, s 27; No. 27, 2007, s 43; No. 21, 2010, s 37\ns 56BE ins No. 41, 2004, s 15\namd No. 21, 2010, s 37; No. 38, 2014, s 2\ndiv 8A hdg ins No. 53, 1988, s 6\nsub No. 19, 2006, s 49\ns 56C ins No. 53, 1988, s 6\namd No. 48, 1999, s 3; No. 19, 2000, s 9; No. 36, 2000, s 5; No. 17, 2001,\ns 17; No. 50, 2002, s 12; No. 34, 2003, s 11; No. 44, 2003, s 4; No. 1, 2004,\ns 62; No. 41, 2004, s 6; No. 54, 2004, s 7; No. 28, 2005, s 4; No. 19, 2006,\ns 50; No. 12, 2007, s 21; No. 27, 2007, s 44; No. 17, 2009, ss 17, 24 and 34;\nNo. 21, 2010, ss 11, 22 and 37\ns 56CA ins No. 19, 2006, s 51\nrep No. 27, 2007, s 45\nins No. 17, 2009, s 25\ns 56CAA ins No. 21, 2010, s 23\ns 56D ins No. 53, 1988, s 6\namd No. 34, 2003, s 12; No. 19, 2006, s 52; No. 27, 2007, s 46\n\nStamp Duty Act 1978 150\ns 56E ins No. 53, 1988, s 6\namd No. 14, 1999, s 14; No. 36, 2000, s 6\ns 56F ins No. 53, 1988, s 6\namd No. 33, 1991, s 7; No. 80, 1991, s 8; No. 36, 2000, s 7; No. 45, 2000,\ns 11; No. 34, 2003, s 13; No. 5, 2005, s 4; No. 19, 2006, s 53\ns 56G ins No. 53, 1988, s 6\namd No. 33, 1991, s 7; No. 36, 2000, s 8; No. 45, 2000, s 11\ns 56H ins No. 53, 1988, s 6\namd No. 33, 1991, s 7; No. 36, 2000, s 9; No. 45, 2000, s 11\ns 56J ins No. 53, 1988, s 6\namd No. 33, 1991, s 7; No. 36, 2000, s 10; No. 45, 2000, s 11\ns 56K ins No. 53, 1988, s 6\namd No. 14, 1999, s 15; No. 36, 2000, s 11; No. 34, 2003, s 14; No. 19,\n2006, s 54; No. 27, 2007, s 48; No. 17, 2009, ss 18 and 35; No. 21, 2010,\ns 12\ns 56M ins No. 53, 1988, s 6\namd No. 33, 1990, s 9; No. 47, 2001, s 16; No. 34, 2003, s 15; No. 41, 2004,\nss 7 and 12; No. 19, 2006, s 55; No. 27, 2007, s 49; No. 17, 2009, ss 19\nand 36; No. 21, 2010, ss 13 and 37; No. 21, 2011, s 27\ns 56N ins No. 53, 1988, s 6\namd No. 43, 1994, s 10; No. 19, 2000, s 9; No. 32, 2000, s 28; No. 36, 2000,\ns 12; No. 17, 2001, s 17; No. 47, 2001, s 17; No. 16, 2002, s 7; No. 50, 2002,\ns 13; No. 34, 2003, s 16\nsub No. 19, 2006, s 56\nss 56NA –\n56NB ins No. 19, 2006, s 56\ns 56P ins No. 53, 1988, s 6\namd No. 50, 2002, s 14\nsub No. 34, 2003, s 17\namd No. 19, 2006, s 57; No. 17, 2009, s 26\ns 56Q ins No. 53, 1988, s 6\namd No. 43, 1994, s 11\nsub No. 34, 2003, s 17\namd No. 19, 2006, s 58; No. 17, 2009, s 20\ns 56R ins No. 53, 1988, s 6\namd No. 36, 2000, s 13; No. 50, 2002, s 15; No. 34, 2003, s 18; No. 19,\n2006, s 59\ns 56S ins No. 53, 1988, s 6\namd No. 50, 2002, s 16; No. 34, 2003, s 19; No. 19, 2006, s 60; No. 27,\n2007, s 50; No. 21, 2010, s 37\ns 56T ins No. 53, 1988, s 6\namd No. 48, 1999, s 3; No. 19, 2000, s 9; No. 36, 2000, s 14; No. 17, 2001,\ns 17; No. 34, 2003, s 20\nsub No. 19, 2006, s 61\ns 56U ins No. 53, 1988, s 6\namd No. 34, 2003, s 21\nrep No. 41, 2004, s 8\ndiv 8B hdg ins No. 34, 2003, s 22\nsub No. 17, 2009, s 21\ns 56V ins No. 34, 2003, s 22\namd No. 41, 2004, s 13; No. 19, 2006, s 27\nrep No. 27, 2007, s 51\n\nStamp Duty Act 1978 151\ns 56W ins No. 34, 2003, s 22\nsub No. 27, 2007, s 51\namd No. 17, 2009, s 22\ns 57 amd No. 31, 1987, s 15; No. 47, 1990, s 4; No. 14, 1999, s 30; No. 12, 2007,\ns 12\nsub No. 27, 2007, s 52\ns 58 amd No. 31, 1987, s 15; No. 60, 1993, s 10; No. 36, 2000, s 32; No. 27,\n2007, s 53\ns 59 amd No. 31, 1987, s 15; No. 47, 1990, s 5\nsub No. 60, 1993, s 11\namd No. 14, 1999, ss 16 and 30; No. 32, 2000, s 14; No. 36, 2000, s 33;\nNo. 23, 2013, s 5\ns 59A ins No. 34, 2003, s 24\ndiv 10 hdg rep No. 32, 2000, s 29\ns 62 amd No. 31, 1987, s 15; No. 14, 1999, s 30\ns 63 amd No. 31, 1987, s 15; No. 14, 1999, s 17\ns 64 amd No. 31, 1987, s 15; No. 14, 1999, s 30\ns 65 rep No. 32, 2000, s 29\ns 66 amd No. 31, 1987, s 15; No. 36, 2000, s 40\ndiv 11 hdg amd No. 49, 1995, s 3\ns 67 amd No. 78, 1982, s 7; No. 31, 1987, s 15; No. 42, 1989, s 8; No. 43, 1994,\ns 12\nsub No. 71, 1994, s 3\namd No. 49, 1995, s 4; No. 32, 2000, s 30; No. 17, 2001, s 17\ns 67A ins No. 36, 2000, s 41\ns 68 amd No. 43, 1994, s 13\ns 69 sub No. 78, 1982, s 8\namd No. 49, 1995, s 5\ndiv 11A hdg ins No. 72, 1979, s 17\ns 69A ins No. 72, 1979, s 17\namd No. 78, 1982, s 9\ns 69B ins No. 72, 1979, s 17\namd No. 78, 1982, s 10\ns 69C ins No. 72, 1979, s 17\ns 69D ins No. 72, 1979, s 17\namd No. 80, 1991, s 9\ns 69E ins No. 72, 1979, s 17\namd No. 34, 1983, s 3\n\nStamp Duty Act 1978 152\nss 69F – 69H ins No. 72, 1979, s 17\ns 69J ins No. 34, 1983, s 4\ndiv 11B hdg ins No. 4, 1988, s 9\nss 69K – 69M ins No. 4, 1988, s 9\ns 69N ins No. 4, 1988, s 9\nss 69P – 69Q ins No. 4, 1988, s 9\ndiv 12 hdg rep No. 23, 1989, s 3\nins No. 43, 1994, s 14\ndiv 13 hdg rep No. 12, 2007, s 13\ns 70 amd No. 31, 1987, s 15\nrep No. 23, 1989, s 3\nins No. 43, 1994, s 14\namd No. 14, 1999, s 18\nins No. 50, 2002, s 17\ndiv 12A hdg ins No. 68, 1981, s 6\nrep No. 22, 1990, s 5\nss 70A – 70D ins No. 68, 1981, s 6\nrep No. 22, 1990, s 5\ns 71 amd No. 72, 1979, s 18; No. 31, 1987, s 15; No. 14, 1998, s 30; No. 32,\n2000, s 15; No. 36, 2000, s 28\ns 72 rep No. 12, 2007, s 13\ns 73 amd No. 72, 1979, s 19; No. 47, 2001, s 18\ns 74 amd No. 14, 1999. s 19; No. 47, 2001, s 19\ns 75 amd No. 72, 1979, s 20; No. 14, 1999, s 30; No. 32, 2000, s 16; No. 50,\n2002, s 18\ns 75AA ins No. 36, 2000, s 29\ns 75AB ins No. 50, 2002, s 19\ns 75A ins No. 71, 1994, s 4\namd No. 36, 2000, s 30\nss 76 – 77 amd No. 31, 1987, s 15; No. 14, 1999, s 30\ns 78 amd No. 72, 1979, s 21; No. 31, 1987, s 15\ns 78A ins No. 52, 1992, s 3\namd No. 47, 2001, s 20; No. 34, 2003, s 25\n\nStamp Duty Act 1978 153\ns 78B ins No. 52, 1992, s 3\namd No. 47, 2001, s 21; No. 34, 2003, s 26\ns 78C ins No. 52, 1992, s 3\namd No. 27, 1999, s 15; No. 47, 2001, s 22; No. 34, 2003, s 27\ns 78D ins No. 52, 1992, s 3\ns 79 amd No. 72, 1979, s 22\nsub No. 14, 1999, s 20\ns 80 rep No. 12, 2007, s 13\ndiv 13A hdg ins No. 31, 1987, s 12\ns 80A ins No. 31, 1987, s 12\namd No. 34, 1987, s 5; No. 53, 1988, s 7\ns 80B ins No. 31, 1987, s 12\namd No. 14, 1999, s 21\ns 80C ins No. 31, 1987, s 12\namd No. 34, 1987, s 6\ns 80D ins No. 31, 1987, s 12\namd No. 53, 1988, s 8; No. 14, 1999, s 22\ns 80E ins No. 31, 1987, s 12\namd No. 14, 1999, ss 23 and 30\ns 80F ins No. 31, 1987, s 12\ns 80G ins No. 31, 1987, s 12\namd No. 34, 1987, s 8\ns 80H ins No. 31, 1987, s 12\namd No. 5, 1995, s 19\npt 3\ndiv 14 hdg rep No. 27, 2007, s 54\ns 81 amd No. 14, 1999, s 24; No. 19, 2000, s 9; No. 54, 2004, s 7; No. 28, 2005,\ns 8; No. 4, 2007, s 7\nrep No. 27, 2007, s 54\ns 82 amd No. 4, 2007, s 7\nrep No. 27, 2007, s 54\ndiv 15 hdg ins No. 53, 1988, s 9\ns 83A ins No. 53, 1988, s 9\namd No. 80, 1991, s 10; No. 43, 1994, s 15; No. 71, 1994, s 5; No. 32, 2000,\ns 32; No. 47, 2001, s 23; No. 50, 2002, s 20; No. 34, 2003, s 28; No. 44,\n2003, s 4; No. 41, 2004, ss 9 and 16; No. 19, 2006, ss 25 and 70\nrep No. 27, 2007, s 55\n\nStamp Duty Act 1978 154\ns 83B ins No. 53, 1988, s 9\namd No. 80, 1991, s 11; No. 43, 1994, s 16; No. 71, 1994, s 6; No. 47, 2001,\ns 24; No. 19, 2006, s 26\nsub No. 27, 2007, s 55\ns 83C ins No. 53, 1988, s 9\nrep No. 80, 1991, s 12\nins No. 27, 2007, s 55\ns 83D ins No. 53, 1988, s 9\namd No. 80, 1991, s 13; No. 71, 1994, s 7; No. 12, 2003, s 18\nrep No. 27, 2007, s 56\ns 83E ins No. 53, 1988, s 9\namd No. 14, 1999, s 30; No. 21, 2010, s 37; No. 23, 2013, s 5\ns 83F ins No. 53, 1988, s 9\namd No. 31, 1990, s 7; No. 14, 1999, s 25\nrep No. 27, 2007, s 56\npt 4 hdg sub No. 27, 2007, s 57\ns 84 amd No. 31, 1987, s 15\ns 85 amd No. 31, 1987, s 15; No. 47, 2001, s 25\ns 86 amd No. 31, 1987, s 15\namd No. 21, 2010, s 24; No. 38, 2014, s 2\npt 5 hdg ins No. 27, 2007, s 57\npt 5\ndiv 1 hdg ins No. 27, 2007, s 57\ns 87 amd No. 31, 1987, s 15; No. 71, 1994, s 8; No. 17, 1996, s 6; No. 14, 1999,\ns 30; No. 19, 2006, s 71\npt 5\ndiv 2 hdg ins No. 27, 2007, s 57\ns 88 amd No. 31, 1987, s 15; No. 71, 1994, s 9; No. 17, 1996, s 6; No. 14, 1999,\ns 30; No. 19, 2006, s 72\namd No. 23, 2008, s 7; No. 17, 2009, s 40; No. 21, 2010, s 14; No. 30, 2012,\ns 4; No. 18, 2015, s 24; No. 31, 2016, s 3; No. 35, 2016, s 3; No. 22, 2019,\ns 8\ns 88A ins No. 22, 2019, s 9\namd No. 28, 2020, s 8\ns 89 amd No. 31, 1987, s 15; No. 47, 1990, s 6; No. 71, 1994, s 10; No. 17, 1996,\ns 6; No. 14, 1999, s 30; No. 19, 2006, s 73\namd No. 23, 2008, s 8; No. 17, 2009, s 41; No. 21, 2010, ss 15 and 37;\nNo. 21, 2011, s 9; No. 30, 2012, s 5\ns 89AA ins No. 31, 2016, s 4\namd No. 35, 2016, s 4; No. 22, 2019, s 10\nss 89AAB –\n89AAC ins No. 22, 2019, s 11\ns 89A ins No. 21, 2010, s 16\namd No. 21, 2011, s 10; No. 30, 2012, s 6; No. 38, 2014, s 2; No. 18, 2015,\ns 26; No. 35, 2016, s 5; No. 13, 2017, s 10; No. 14, 2018, s 34\ns 90 amd No. 31, 1987, s 15\namd No. 23, 2008, s 9; No. 21, 2010, ss 17 and 37; No. 21, 2011, s 11;\nNo. 30, 2012, s 7; No. 24, 2014, s 11; No. 18, 2015, s 27; No. 35, 2016, s 6;\nNo. 22, 2019, s 12\ns 90AA ins No. 24, 2014, s 12\n\nStamp Duty Act 1978 155\ns 90A ins No. 30, 2012, s 8\namd No. 22, 2019, s 13; No. 15, 2022, s 19\ns 90AB ins No. 22, 2019, s 14\ns 90B ins No. 35, 2016, s 7\namd No. 22, 2019, s 15\npt 5\ndiv 2A hdg ins No. 15, 2022, s 20\ns 90C ins No. 15, 2022, s 20\namd No. 1, 2024, s 26\ns 90D ins No. 15, 2022, s 20\npt 5\ndiv 3 hdg ins No. 27, 2007, s 57\nsub No. 21, 2011, s 28\ns 91 rep No. 19, 2006, s 74\nins No. 27, 2007, s 57\nsub No. 21, 2011, s 28\npt 5\ndiv 3A hdg ins No. 18, 2015, s 42\nss 91A – 91B ins No. 18, 2015, s 42\npt 5\ndiv 4 hdg ins No. 27, 2007, s 57\ns 92 sub No. 27, 2007, s 57\npt 5\ndiv 5 hdg ins No. 15, 2022, s 21\ns 92A ins No. 15, 2022, s 21\npt 6 hdg ins No. 27, 2007, s 57\ns 93 amd No. 31, 1987, s 15\ns 94 amd No. 31, 1987, ss 13 and 15\nsub No. 80, 1991, s 14\namd No. 36, 2000, s 34\ns 95 amd No. 36, 2000, s 35\namd No. 38, 2014, s 2\ns 96 amd No. 72, 1979, s 23; No. 31, 1987, s 14; No. 36, 2000, s 36; No. 4, 2007,\ns 7\ns 97 amd No. 43, 1994, s 17; No. 50, 2002, s 21; No. 19, 2006, s 75\ns 97A ins No. 28, 2005, s 12\nins No. 23, 2008, s 10\ns 97B ins No. 23, 2008, s 10\ns 98 sub No. 27, 2007, s 57\npt 7 hdg ins No. 17, 2009, s 27\ns 99 ins No. 17, 2009, s 27\npt V hdg sub No. 5, 2005, s 5\npt V\ndiv 1 hdg ins No. 5, 2005, s 5\npt 8 hdg ins No. 21, 2010, s 18\n\nStamp Duty Act 1978 156\ns 100 amd No. 72, 1979, s 24; No. 31, 1987, s 15; No. 36, 2000, s 47\namd No. 19, 2006, s 95\npt V\ndiv 2 hdg ins No. 5, 2005, s 5\ns 101 sub No. 72, 1979, s 25\namd No. 19, 2000, s 9\ns 102 sub No. 72, 1979, s 25; No. 5, 2005, s 5\nrep No. 72, 1979, s 25\nins No. 5, 2005, s 5\ns 104 sub No. 5, 2005, s 5\nins No. 21, 2010, s 25\npt 9 hdg ins No. 21, 2011, s 12\ns 105 sub No. 5, 2005, s 5\nins No. 21, 2011, s 12\namd No. 38, 2014, s 2\ns 105A ins No. 36, 2000, s 48\npt V\ndiv 3 hdg ins No. 5, 2005, s 5\ns 105B ins No. 47, 2001, s 26\namd No. 41, 2004, s 10\namd No. 19, 2006, s 96\ns 105C ins No. 5, 2005, s 5\namd No. 19, 2006, s 97\ns 105D ins No. 5, 2005, s 5\namd No. 19, 2006, s 98\ns 105E ins No. 5, 2005, s 5\namd No. 19, 2006, s 99\ns 105F ins No. 5, 2005, s 5\ns 105G ins No. 5, 2005, s 5\namd No. 19, 2006, s 100\ns 105H ins No. 5, 2005, s 5\namd No. 19, 2006, s 101\npt V\ndiv 4 hdg ins No. 5, 2005, s 5\n\nStamp Duty Act 1978 157\nss 105J –\n105N ins No. 5, 2005, s 5\npt V\ndiv 5 hdg ins No. 5, 2005, s 5\nss 105P –\n105R ins No. 5, 2005, s 5\ns 105S ins No. 5, 2005, s 5\namd No. 19, 2006, s 102\npt VA hdg ins No. 5, 2005, s 5\ns 105T ins No. 5, 2005, s 5\namd No. 19, 2006, s 103\nss 105U –\n105Y ins No. 5, 2005, s 5\npt VI hdg rep No. 27, 2007, s 57\npt 10 hdg ins No. 30, 2012, s 9\ns 106 amd No. 31, 1987, s 15\nins No. 30, 2012, s 9\npt 11 hdg ins No. 18, 2015, s 25\ns 107 amd No. 72, 1979, s 26; No. 31, 1987, s 15; No. 36, 2000, s 37\nins No. 18, 2015, s 25\ns 108 amd No. 31, 1987, s 15; No. 19, 2006, s 76\nins No. 18, 2015, s 41\ns 108A ins No. 72, 1979, s 27\ns 109 amd No. 31, 1987, s 15\nins No. 18, 2015, s 25\npt VII hdg ins No. 19, 2006, s 104\ns 110 amd No. 31, 1987, s 15\nins No. 18, 2015, s 37\npt 12 hdg ins No. 31, 2016, s 5\ns 111 amd No. 31, 1987, s 15\nins No. 31, 2016, s 5\npt 13 hdg ins No. 35, 2016, s 8\ns 112 amd No. 31, 1987, s 15; No. 36, 2000, s 49; No. 19, 2006, s 105\nins No. 35, 2016, s 8\ns 113 amd No. 31, 1987, s 15\nins No. 35, 2016, s 8\npt VII hdg rep No. 19, 2006, s 106\npt 14 hdg ins No. 14, 2018, s 35\ns 114 amd No. 31, 1987, s 15\nins No. 14, 2018, s 35\npt 15 hdg ins No. 22, 2019, s 16\n\nStamp Duty Act 1978 158\ns 115 amd No. 31, 1987, s 15\nins No. 22, 2019, s 16\npt 16 hdg ins No. 17, 2023, s 9\ns 116 amd No. 31, 1987, s 15; No. 17, 1996, s 6\nins No. 17, 2023, s 9\npt 17 hdg ins No. 17, 2025, s 18\ns 117 ins No. 17, 2025, s 18\npt VIIA hdg ins No. 4, 1988, s 10\ns 116A ins No. 4, 1988, s 10\namd No. 142, 1989, s 9; No. 55, 1990, s 22; No. 14, 1999, s 26; No. 47,\n2001, s 27\nss 116B –\n116C ins No. 4, 1988, s 10\ns 116D ins No. 4, 1988, s 10\ns 116E ins No. 4, 1988, s 10\namd No. 59, 1990, s 4; No. 19, 1998, s 5; No. 14, 1999, s 30; No. 17, 2001,\ns 17; No. 7, 2005, s 3; No. 4, 2007, s 7\ns 116F ins No. 4, 1988, s 10\npt VIII hdg rep No. 27, 2007, s 57\ns 117 amd No. 31, 1987, s 15\nsub No. 28, 2005, s 5\ns 118 amd No. 31, 1987, s 15\ns 119 amd No. 72, 1979, s 28\ns 120 amd No. 31, 1987, s 15\ns 121 amd No. 72, 1979, s 29\ns 123 amd No. 31, 1987, s 15\nsub No. 14, 1999, s 27\ns 123A ins No. 68, 1983, s 92\nsub No. 14, 1999, s 28\namd No. 32, 2000, ss 7 and 33; No. 36, 2000, s 38; No. 50, 2002, s 22;\nNo. 34, 2003, s 29; No. 28, 2005, s 9; No. 19, 2006, s 62; No. 12, 2007, s 14\ns 124 amd No. 31, 1987, s 15; No. 47, 2001, s 28\ns 125 amd No. 31, 1987, s 15\ns 126 amd No. 31, 1987, s 15; No. 34, 1987, s 9; No. 42, 1989, s 10; No. 14, 1999,\ns 30; No. 32, 2000, ss 8 and 34; No. 47, 2001, s 29; No. 28, 2005, s 10;\nNo. 12, 2007, s 15\ns 127 amd No. 31, 1987, s 15; No. 14, 1999, s 30\n\nStamp Duty Act 1978 159\ns 128 amd No. 31, 1987, s 15\ns 129 amd No. 31, 1987, s 15; No. 43, 1994, s 18; No. 14, 1999, s 29; No. 32,\n2000, s 35\npt IX hdg ins No. 5, 2005, s 6\nss 130 – 135 ins No. 5, 2005, s 6\npt X hdg ins No. 28, 2005, s 11\ns 136 ins No. 28, 2005, s 11\npt XI hdg ins No. 19, 2006, s 41\ndiv 1 hdg ins No. 19, 2006, s 41\ns 137 ins No. 19, 2006, s 41\ndiv 2 hdg ins No. 19, 2006, s 41\nss 138 – 140 ins No. 19, 2006, s 41\ndiv 3 hdg ins No. 19, 2006, s 63\nss 141 – 143 ins No. 19, 2006, s 77\npt XII hdg ins No. 12, 2007, s 16\ns 144 ins No. 12, 2007, s 16\nsch 1 sub No. 27, 2007, s 58\namd No. 23, 2008, s 11; No. 17, 2009, s 37; No. 21, 2010, ss 19 and 26;\nNo. 21, 2011, s 29; No. 18, 2015, s 38; No. 13, 2017, s 11\nsch 2 ins No. 27, 2007, s 58\namd No. 30, 2007, s 59; No. 23, 2008, s 12; No. 28, 2008, s 3; No. 17, 2009,\nss 14, 28 and 38; No. 21, 2010, s 27 and 37; No. 38, 2014, s 2; No. 9, 2015,\ns 31; No. 18, 2015, ss 28, 39 and 43; No. 23, 2016, s 69; No. 13, 2017, s 12;\nNo. 14, 2018, s 36; No. 17, 2023, s 10; No. 17, 2025, s 19","sortOrder":140}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":885},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1978 scope. Originally focused on traditional property conveyances and insurance, it now covers: (1) corporate acquisitions of land-holding entities (Division 8A, 2006+); (2) discretionary trust changes (Division 8AAA, 2001+); (3) options to convey property (Division 8AB, 2000+); (4) statutory and merger vestings (Division 8B, 2003+); (5) complex home incentive schemes with multiple overlapping concessions (2007-2019); (6) electric vehicle concessions (2022+); and (7) residential land builder exemptions (2022+). The Act has also accumulated 17 transitional Parts preserving historical versions, creating a labyrinthine temporal dimension where multiple versions of provisions may apply depending on execution dates of instruments."},"complexity_factors":["47+ defined terms in the interpretation section (section 4)","17 separate Parts with 8+ Divisions and numerous subdivisions","Extensive cross-referencing between sections (e.g., Division 8A references Corporations Act 2001 definitions)","Nested conditional logic for concessions (e.g., first home owner discount has 12+ eligibility criteria with multiple exceptions)","Complex valuation rules for 'unencumbered value' and 'dutiable value' with Commissioner discretion","Anti-avoidance provisions (section 4B) with broad discretionary powers","17 transitional Parts preserving historical amendments with overlapping application rules","Schedule 1 contains 4-tiered progressive duty calculation formula","Multiple interacting concession schemes with 'no multiple concessions' rule (section 90B)","Corporate reconstruction exemptions with 3-year clawback provisions (sections 19-26)","Land-holding corporation provisions (Division 8A) with complex 'linked entity' and 'significant interest' calculations","Partnership acquisition rules with 4 different valuation methods depending on circumstances"],"plain_english_summary":"This is the **Northern Territory Stamp Duty Act 1978**, a comprehensive tax law that imposes stamp duty on various transactions involving property and other dutiable assets in the NT.\n\n**What it does:**\n- **Imposes stamp duty** on transfers of land, motor vehicles, insurance policies, leases, and shares in land-holding companies or unit trusts\n- **Sets rates of duty** based on the value of the transaction, with progressive rates for conveyances (property transfers) ranging from approximately 1.5% to 5.95% depending on value\n- **Requires instruments** (legal documents) to be lodged and stamped within 60 days of execution\n\n**Key areas covered:**\n- **Property transfers (conveyances)** — the main source of stamp duty revenue\n- **Motor vehicle registrations** — duty based on vehicle value ($3 per $100)\n- **Insurance policies** — 10% of premiums\n- **Corporate acquisitions** — duty on acquiring significant interests (50%+) in land-holding companies\n- **Trusts and partnerships** — special rules for discretionary trusts and partnership interests\n\n**Concessions and exemptions:**\n- **First home buyer concessions** — discounts up to $18,601 for eligible buyers\n- **Senior/pensioner concessions** — up to $10,000 off\n- **Family farming transfers** — full exemption for intergenerational farm transfers\n- **Electric vehicles** — exemption on first $50,000 of value (capped at $1,500) until 2027\n- **Residential land from builders** — temporary exemption (2022–2027) for new homes\n\n**Who it affects:**\n- Anyone buying property, vehicles, or insurance in the NT\n- Companies acquiring land or shares in land-holding entities\n- Trustees and beneficiaries of discretionary trusts\n- Farmers transferring property to family members\n\n**Why it matters:**\nStamp duty is a significant cost in property transactions (potentially tens of thousands of dollars). The Act includes complex anti-avoidance provisions targeting schemes designed to reduce duty, and requires careful compliance with timing and documentation rules. The numerous concessions reflect government policy priorities around housing affordability, agriculture, and environmental goals."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act has grown materially beyond a simple stamp‑duty stamping code. The original 1978 Act imposed duty on certain documents and property transfers; over time it was extended into multiple specialised regimes that significantly broaden its coverage and compliance footprint:  \n\n- Corporate and share-based acquisitions: A complex \"relevant acquisition\" regime (Division 8A, sections 56C et seq.) treats acquisitions of company/share interests as taxable events where the company is effectively entitled to land. That converts many share deals into duty risks and introduces aggregation, linked‑entity and look‑back rules that did not exist in the original statute.  \n- Trust and beneficiary rules: New provisions treat additions of beneficiaries, trustee changes and declarations of trust as conveyances for duty purposes (sections 56BA, 56BAB, 56BAC). This extends stamp duty into trust-restructuring activity.  \n- Insurance and apportionment regimes: The Act now regulates insurer registration, monthly premium returns and apportionment of premiums across jurisdictions (sections 37–44B, 49A–49C).  \n- Targeted social and market concessions: A large body of concessions and rebates (first home, principal residence, senior/pensioner, Territory home owner discount, residential land conveyance relief, electric motor vehicle concession) were added, creating a substantive policy layer targeting social and market objectives (sections 89–90D, 92A).  \n\nThese additions change the Act from a relatively short, document‑stamping tax into a multi-purpose revenue instrument that reaches corporate finance, trust law, insurance markets and vehicle registration. The result is higher compliance complexity, more discretionary administrative power (Commissioner rulings, anti‑avoidance determinations), and broader behavioural effects on structuring of transactions."},"complexity_factors":["Large interpretation/definitions section (section 4) with many cross-referenced defined terms that govern multiple distinct charging regimes (land, trusts, corporations, insurance, motor vehicles).","Separate, layered regimes for different transaction classes (conveyances, leases, insurance, motor vehicles, options, trusts, corporate share acquisitions) each with bespoke valuation, lodgement and timing rules (multiple Parts and Divisions).","Division 8A (sections 56C–56T) creates complex aggregation, linked-entity and look-back rules for land-holding corporations, with layered deductions, deductions triggers and relodgement obligations (sections 56K, 56M).","Many conditional exemptions and concessions with mutually exclusive rules and a \"pick-the-best\" rule (no multiple concessions, section 90B) and detailed occupancy/eligibility conditions (sections 89–90D, 90C–90D).","Extensive cross-references and nested exceptions (e.g. where exemptions apply unless a transaction is a tax avoidance scheme or part of one; see sections 4B, 19–20, 56BE, 56CA).","Significant Commissioner discretion and subjective tests (tax avoidance s4B; valuation considerations s4A(4A); apportionment schedule s49B) that require case-by-case decisions.","Numerous administrative and timing rules (standard 60‑day lodgement, special statement regimes, monthly insurer returns) and penalties varying from small fines to imprisonment for stamp forgery (sections 9, 42, 24, 94).","Multiple transitional and amendment provisions spanning decades (Parts 7–17) that affect when particular provisions apply and create legacy complexity for transactions spanning change dates.","Special trust and option rules that re-characterise non-land transactions as conveyances for duty purposes (declarations of trust s56BA, options s56BC–56BE), increasing unexpected chargeability."],"plain_english_summary":"**What this law does (mechanics)\n\n- Imposes stamp duty (a territorial tax) on specified documents and transactions (\"dutiable instruments\" and \"dutiable transactions\"). The tax base and rates are set in Schedule 1 and at sections throughout the Act (see Part 2 and Schedule 1).  \n- Requires parties to lodge instruments or statements for assessment and to pay duty within fixed timeframes (generally 60 days) and makes unstamped instruments inadmissible for many legal processes (see sections 5, 9, 9A, 84).  \n- Establishes valuation rules to work out what the duty is charged on: \"unencumbered value\" (value free of mortgages and other encumbrances) and \"dutiable value\" (the greater of consideration or unencumbered value) (see sections 4A and 4AB).  \n- Creates specific charging rules for many transaction types: conveyances and leases (Part 3 Div 8 and Schedule 1), motor vehicle registration (Div 9), insurance premiums (Div 6 and Schedule 1 item 6), options, trusts and trust reconstitutions (Divs 8AA, 8AAA, 8AB), corporate share/interest acquisitions that effectively transfer entitlement to land (Div 8A), statutory/merger vestings (Div 8B), and others.\n\n**Who is affected (who pays, who decides)**\n\n- Buyers/conveyees and lessees: generally liable to pay conveyance or lease duty (section 50).  \n- Insured persons and insurers: insurance premiums attract duty; Australian insurers must register and lodge returns every month (sections 38, 41, 42).  \n- People acquiring interests in corporations that are \"land-holding\" (i.e. corporations entitled to land of sufficient value) must lodge special statements and can be charged duty as if buying land (Division 8A: sections 56C, 56K, 56M, 56R).  \n- Trustees, beneficiaries and parties to trust restructures: many trust changes (adding beneficiaries, trustee changes, declarations of trust) can be treated as conveyances for duty purposes (sections 56BA, 56BAB, 56BAC).  \n- The Commissioner of Territory Revenue (\"the Commissioner\"): decides assessments, applies valuation principles, may adopt apportionment schedules for multi-jurisdiction insurance, may issue rulings and grant exemptions, and has broad discretion to treat schemes as tax avoidance (see sections 4B, 49B, 25, 26, 56CA, 84).\n\n**Why it matters (practical effects and behaviours)**\n\n- Tax incidence and timing: The Act makes many routine property, vehicle and insurance dealings trigger immediate tax and administrative steps (lodgement, valuation declarations, stamping) — that shifts cash flow and planning around settlement, registration and insurance renewals. (Sections 9, 57–61, Schedule 1 item 5–6.)\n- Structuring and transactions: The Act changes the tax consequences of common corporate and trust restructures by either exempting or classing them as dutiable, depending on detailed conditions (sections 19–21, 56BAB, 56M). That alters the commercial attractiveness of using interposed companies, trust arrangements, share transfers versus direct land transfers, and so on.  \n- Compliance and advisory costs: Detailed statement and reporting obligations (for example, statements for relevant acquisitions in land-holding corporations at section 56K and monthly insurer returns at section 42) create recurring compliance work and increase the need for professional advice.\n- Enforcement and late payment risks: The Act gives the Commissioner tools to create memoranda, reassess transactions later (including outside usual limitation periods in some circumstances, see section 23), and treat certain arrangements as tax avoidance (section 4B). These measures raise the risk that optimistic structuring will attract reassessment years later.\n\n**Key mechanics that create incentives, costs and risks (with section pointers)**\n\n- Valuation rules and anti-avoidance: \"Unencumbered value\" and the ability to disregard arrangements created to reduce value mean parties cannot rely on artificial encumbrances to lower tax; the Commissioner may look at timing, associates and commercial efficacy (section 4A(2)–(4A)).  \n- Aggregation and look-back rules for corporate acquisitions: the Division 8A regime treats aggregated acquisitions over a \"relevant period\" as a single relevant acquisition, potentially generating ad valorem duty on a notional land value (sections 56C, 56K, 56M, 56R). This discourages piecemeal purchases designed to avoid a threshold and shifts structuring toward direct land transfers or alternative financing.  \n- Exemptions and conditional relief: multiple targeted exemptions and concessions exist (family farming s87; first home, principal place, senior/pensioner, Territory home owner discounts s89–90 and s89AA, s89AAB; managed investment scheme relief s92). These produce concentrated benefits for particular groups but are tightly conditioned (occupancy periods, age/residency, dutiable-value caps) and subject to reassessment if conditions fail (e.g. sections 89(3)–(5), 90(4)).  \n- High Commissioner discretion and subjective tests: the Commissioner can (a) treat a scheme as a tax avoidance scheme on broad grounds (s4B); (b) adopt apportionment rules for multi-jurisdiction insurance (s49B); and (c) make binding rulings or grant exemptions but can depart from them if facts differ materially (s25–26). This puts significant interpretative power in the revenue office.  \n\n**Trade-offs, costs and implementation risks**\n\n- Administrative burden vs. tax fidelity: The detailed reporting, valuation and statement rules improve the ability of revenue to tax complex transfers (particularly corporate and trust structures) but raise ongoing compliance costs for taxpayers and increase demand for legal/accounting advice. (See sections 56K, 56M, 42.)  \n- Concentrated benefits, diffuse compliance costs: Targeted exemptions (first-home, farming, managed schemes) produce clear benefits for some buyers but require complex eligibility checks and create opportunities for careful tax planning to capture the benefit.  \n- Reassessment and uncertainty: Reassessment powers that can apply despite ordinary statutory limits (for specified restructures and group changes, e.g. section 23) create potential future liabilities for corporate groups and trustees and can produce contingent liabilities on balance sheets.  \n- Enforcement and valuation disputes: The Act’s reliance on subjective valuation factors (s4A) and broad anti-avoidance standards (s4B) leave room for disputes about intent, commercial efficacy and correct valuation — raising litigation and administrative review risk.\n\n**Practical checklist for affected parties**\n\n- Buyers and sellers of land: verify dutiable value, check eligibility for exemptions or concessions, meet lodgement timelines, and consider the Act’s aggregation rules if related-party transfers are involved (sections 4A, 4AB, 9, 56K).  \n- Corporates and advisers: if a company is or may become a land-holding corporation, prepare to lodge statements on acquisitions and model duty exposure under Division 8A (sections 56C, 56K, 56M, 56R).  \n- Trustees and beneficiaries: review trust amendments, addition of beneficiaries, and trustee changes for duty consequences (sections 56BA, 56BAB, 56BAC).  \n- Insurers and insureds: ensure insurer registration (section 41), monthly returns (section 42), and apportionment rules when risks straddle jurisdictions (sections 49A–49C).\n\n(Selected sections referenced above: 4A, 4AB, 4B, 5, 6, 9, 11, 17A, 19–21, 23–26, 37–44B, 49A–49C, 50, 56BA–56BE, 56C, 56K–56M, 56R–56S, 56W, 57–61, Schedule 1, Schedule 2.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. 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