301Registration of transactions and instruments

301 Registration of transactions and instruments

301 Registration of transactions and instruments

(1) A person must not register in a register of legal or beneficial interests in dutiable property a dutiable transaction, an instrument that effects a dutiable transaction or an instrument chargeable with duty unless—

(a) it is duly stamped, or

(b) it is stamped by the Chief Commissioner or in a manner approved by the Chief Commissioner, or

(c) it bears an endorsement, or is otherwise effected, in accordance with an approval under section 37 of the Taxation Administration Act 1996.

Maximum penalty—100 penalty units.

Note.

An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 121 of the Taxation Administration Act 1996.

(2) In the case of a dutiable transaction that is also a surcharge duty transaction, the transaction or instrument referred to in subsection (1) must be stamped or endorsed, in accordance with Part 5 of Chapter 2A, in a manner that indicates—

(a) that purchaser duty has been paid in respect of the transaction or that the transaction is not chargeable with purchaser duty, and

(b) that surcharge purchaser duty has been paid in respect of the transaction or that the transaction is not chargeable with surcharge purchaser duty.

s 301: Am 1998 No 104, Sch 2 [36]; 2001 No 22, Sch 1 [21] [22]; 2004 No 33, Sch 4 [6]; 2008 No 67, Sch 1 [54]; 2012 No 97, Sch 1.9 [9]; 2016 No 32, Sch 1 [39].