QLDIn ForceAct
Duties Act 2001
sec.533Liability for mortgage duty for particular mortgages first signed before commencement day
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### sec.533 Liability for mortgage duty for particular mortgages first signed before commencement day
This section applies if—
a mortgage is first signed before the commencement day; and
an advance or further advance is made on or after the commencement day; and
the amount of the advances secured by the mortgage exceeds the amount for which the mortgage has been duly stamped under the repealed Act or a corresponding Act.
To remove any doubt, it is declared that the mortgage is a mortgage for section 248 and section 252(2) applies to it.
Section 261 applies as if a reference to liability to duty arising under this Act were a reference to liability to stamp duty arising under the repealed Act.
Section 261 (Advances secured by mortgage package). See also section 252 (When liability for mortgage duty arises).
s 533 amd 2002 No. 17 s 11 (retro)
(sec.533-ssec.1) This section applies if— a mortgage is first signed before the commencement day; and an advance or further advance is made on or after the commencement day; and the amount of the advances secured by the mortgage exceeds the amount for which the mortgage has been duly stamped under the repealed Act or a corresponding Act.
(sec.533-ssec.1A) To remove any doubt, it is declared that the mortgage is a mortgage for section 248 and section 252(2) applies to it.
(sec.533-ssec.2) Section 261 applies as if a reference to liability to duty arising under this Act were a reference to liability to stamp duty arising under the repealed Act. Section 261 (Advances secured by mortgage package). See also section 252 (When liability for mortgage duty arises).
- (a) a mortgage is first signed before the commencement day; and
- (b) an advance or further advance is made on or after the commencement day; and
- (c) the amount of the advances secured by the mortgage exceeds the amount for which the mortgage has been duly stamped under the repealed Act or a corresponding Act.