NSWIn ForceAct
Duties Act 1997
301Registration of transactions and instruments
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#### 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—
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> > > (a) it is duly stamped, or
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> > > (b) it is stamped by the Chief Commissioner or in a manner approved by the Chief Commissioner, or
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> > > (c) it bears an endorsement, or is otherwise effected, in accordance with an approval under section 37 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).
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> > Maximum penalty—100 penalty units.
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> > Note.
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> > 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](/view/html/inforce/current/act-1996-097).
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> > (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—
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> > > (a) that purchaser duty has been paid in respect of the transaction or that the transaction is not chargeable with purchaser duty, and
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> > > (b) that surcharge purchaser duty has been paid in respect of the transaction or that the transaction is not chargeable with surcharge purchaser duty.
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> **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 \[39\].