47Instrument of conveyance to be stamped or lodged for assessment

#### 47 Instrument of conveyance to be stamped or lodged for assessment (1) Within 30 days after the execution of a transfer of an estate in fee simple in land or of a Crown lease for a term exceeding 5 years, or of an agreement for such a transfer, being a transfer or agreement on which duty is imposed, the transferee or person to whom the estate or lease is to be so transferred shall lodge the instrument of transfer or the agreement with the Commissioner for assessment. (2) The lessee under a lease on which duty is imposed, being a lease: (a) the only consideration for which is by way of rent; (b) the total amount or value of the consideration for which does not exceed $1,500; and (c) that is for a term not exceeding 3 years; shall, forthwith on the execution of the lease, cause the lease to be duly stamped. (3) The lessee under a lease on which duty is imposed, being a lease: (a) for which the only consideration is by way of rent the total amount or value of which exceeds $1,500; (b) the consideration for which is not wholly by way of rent; or (c) that is for a term exceeding 3 years; shall, within 30 days after the execution of the lease, lodge the lease with the Commissioner for assessment. (4) Where the total amount or value of the consideration given in respect of the transfer or assignment of a lease on which duty is imposed exceeds $500, the transferee or assignee shall, within 30 days after the execution of the instrument of transfer or assignment, lodge the instrument with the Commissioner for assessment. (5) Where the total amount or value of the consideration agreed to be given in respect of the transfer or assignment of a lease under an agreement on which duty is imposed exceeds $500, the person to whom the lease is to be transferred or assigned under the agreement shall, within 30 days after the execution of the agreement, lodge the agreement with the Commissioner for assessment. (6) Where the total amount or value of the consideration given in respect of the transfer or assignment of a lease other than a Crown lease for a term exceeding 5 years, being a transfer or assignment on which duty is imposed, does not exceed $500, the transferee or assignee shall, forthwith on the execution of the instrument of transfer or assignment, cause the instrument to be duly stamped. (7) Where the total amount or value of the consideration agreed to be given in respect of an agreement for the transfer or assignment of a lease other than a Crown lease for a term exceeding 5 years, being an agreement on which duty is imposed, does not exceed $500, the person to whom the lease is to be transferred or assigned under the agreement shall, forthwith on the execution of the agreement, cause the agreement to be duly stamped. (8) Where an instrument is required pursuant to this section to be lodged with the Commissioner for assessment, the instrument shall not be taken to have been so lodged unless it is accompanied by such information or documents (if any) as the Commissioner requires in connection with the application of section 5A of the Australian Capital Territory Stamp Duty Act 1969.