52Broker’s statement on transfer

#### 52 Broker’s statement on transfer (1) Where a broker makes a sale or purchase of a marketable security in respect of which tax is imposed or in respect of which an exemption from tax is provided by an Act with which this Act is incorporated for a consideration of not less than the unencumbered value of the marketable security, the broker shall make a statement in respect of the sale or purchase, as the case may be, on the instrument of transfer to which the sale or purchase relates to the effect that stamp duty, if payable, has been or will be paid, and shall set out the date of the statement and impress a stamp expressed to be the stamp of the broker on the instrument of transfer. (1A) Subsection (1) does not apply in respect of a sale or purchase of a marketable security occurring on or after the changeover day. (2) A broker shall not make a statement under subsection (1) on an instrument of transfer of a marketable security in respect of which tax is imposed before recording particulars of the sale or purchase under section 51. (3) A person shall not impress a stamp resembling or purporting to be a stamp of a broker on an instrument of transfer of a marketable security. (4) This section does not apply to the impressing of a stamp on or after the day that is the termination day for the tax imposed by the Australian Capital Territory Tax (Purchases of Marketable Securities) Act 1969. Penalty: $10,000.