28The *Stamp Amendment (Budget) Act 2003* s. 4(7) reads as follows:

28 The *Stamp Amendment (Budget) Act 2003* s. 4(7) reads as follows: “ 4. Second Schedule item 4 amended and transitional provision (7) Despite the amendments made by this section, the *Stamp Act 1921* as in force immediately before 1 July 2003 continues to apply to and in relation to instruments of a kind referred to in the Second Schedule item 4(1) to that Act that were executed before 1 July 2003. ”. 29 The *Business Tax Review (Assessment) Act (No. 2) 2003* s. 16(2), 24(3), 25(2), 27(2), 40(3), 50(2), (11), (12), 89‑94 and 98(2) read as follows: “ 16. Part IIIA (s. 49‑50D) repealed and transitional (2) The amendments effected by this section and sections 87(2), 88(2) and 88(4) do not apply in relation to a blank cheque provided by a financial institution to the holder of a cheque account before this section came into operation regardless of when the cheque is drawn. 24. Section 63AF amended and transitional (3) However, section 63AF(2) of the *Stamp Act 1921* continues to apply in relation to an instrument of conveyance or transfer disclosed in a dutiable statement if the instrument was executed before this section came into operation, and in any such case the reference in section 63AF(2) to item 4A is to be read as a reference to that item as in force from time to time prior to its repeal by this Act. 25. Sections 63AG to 63AJ inserted and transitional (2) Section 63AG of the *Stamp Act 1921*, as inserted by subsection (1), does not apply to or in relation to a disposition referred to in that section — (a) made before the day on which this section comes into operation; or (b) made in response to an offer made or arrangement entered into before that day. 27. Section 69 amended and transitional (2) However, section 69(2) as in force before this section came into operation continues to apply in relation to an instrument of conveyance or transfer to an intermediary executed before this section came into operation and in any such case the reference in section 69(2) to item 4A is to be read as a reference to that item as in force from time to time prior to its repeal by this Act. 40. Section 75AG amended and transitional (3) The amendments effected by this section do not apply in relation to — (a) an agreement for the conveyance or transfer of residential property executed before this section came into operation regardless of when any instrument of conveyance or transfer entered into in accordance with the agreement is executed; or (b) an instrument of conveyance or transfer made in accordance with an agreement referred to in paragraph (a), regardless of when the instrument is executed. 50. Section 75JB amended and transitional (2) The amendment effected by subsection (1)(a) does not apply in relation to an instrument if, before the commencement day, the Commissioner issued a pre‑determination to the effect that section 75JB(1)(d)(i) of the *Stamp Act 1921* applied to the parties to the instrument, and in any such case — (a) the reference in section 75JB(1)(d)(i) to section 75JA(1a) is to be read as a reference to that subsection as in force from time to time prior to its repeal by this Act; and (b) any such pre‑determination is as binding on the Commissioner after the commencement day as it was before that day. (11) The amendments effected by subsections (6)(b), (6)(c), (10)(b) and (10)(c) do not apply in relation to an instrument executed before the commencement day, and in any such case the references in section 75JB of the *Stamp Act 1921* to section 75JA(1a) of that Act are to be read as references to that subsection as in force from time to time prior to its repeal by this Act. (12) In this section — **“commencement day”** means the day on which this section came into operation. Division 2 — Transitional provisions 89. Registered pooled investment trusts **“commencement day”** means the day on which this section came into operation; **“former provisions”** means the *Stamp Act 1921*, as in force immediately before the commencement day; **“new provisions”** means the *Stamp Act 1921*, as in force on the commencement day; **“start up period”** has the same meaning as it has in section 63AC(2) of the former provisions and refers to a period that ends on or after the commencement day. (2) Without limiting sections 63AD and 63AE of the new provisions, a disqualifying event occurs for the purposes of those sections if — (a) on the commencement day, a pooled investment trust registered under section 63AA(2) of the former provisions; or (b) on the day on which the start up period ends, a pooled investment trust granted interim registration under section 63AC(2) of the former provisions, does not comply with section 63AB(2) of the new provisions. (3) Subject to subsection (2) and to the new provisions other than section 63AA(3a), if the registration of a pooled investment trust under section 63AA(2) of the former provisions has effect immediately before the commencement day, that registration continues to have effect for the period of 3 years from that day. 90. Determinations under section 75JBA or 75JC **“commencement day”** means the day on which this section came into operation. (2) If, before the commencement day, the Commissioner made a determination — (a) under section 75JBA that a controlling body would be approved and the claw‑back waived; or (b) under section 75JC that an exemption would be granted, the determination is as binding on the Commissioner after the commencement day as it was before that day, even if any of the relevant provisions of the *Stamp Act 1921* have been amended or repealed by this Act. 91. Agreements for lease The amendments effected by sections 5, 77, 78 and 87(6) do not apply in relation to — (a) an agreement for lease executed before this section came into operation regardless of when any lease entered into in accordance with the agreement is executed; or (b) any such lease, regardless of when it is executed. 92. Mortgages **“amended Act”** means the *Stamp Act 1921* as amended by this Act and the *Business Tax Review (Taxing) Act (No. 2) 2003;* **“commencement day”** means the day on which section 79 came into operation; **“former Act”** means the *Stamp Act 1921* as in force from time to time before the commencement day. (2) The amended Act does not apply to a mortgage or other security on which duty was payable under Part IIIE of the former Act if the amount secured by the mortgage does not increase on or after the commencement day. (3) However, a mortgage that was liable to duty under Part IIIE of the former Act is liable to duty under Part IIIE of the amended Act as if the mortgage had first been executed after the commencement day if an advance as defined in Part IIIE of the amended Act is made under the mortgage after the commencement day. 93. Life insurance The amendments effected by sections 80, 81, 82, 83 and 87(9) do not apply in relation to a policy of life insurance where the period for which the insurance is effected commenced before this section came into operation. 94. Hire of goods **“commencement”** means the time at which section 85 came into operation; **“new Part IVB”** means Part IVB of the *Stamp Act 1921* as in force after commencement and, for the purposes of this section, is taken to include item 18 of the Second Schedule as in force after commencement; **“old Part IVB”** means Part IVB of the *Stamp Act 1921* as in force immediately before commencement and, for the purposes of this section, is taken to include item 18 of the Second Schedule as in force immediately before commencement. (2) An expression used in this section that is given a meaning in the *Stamp Act 1921* (including old Part IVB and new Part IVB) has the meaning so given unless the contrary intention appears. (3) On commencement, a person who was registered under old Part IVB immediately before commencement is taken, for all purposes, to have been registered under section 112JA of new Part IVB. (4) For the purposes of the ongoing application of old Part IVB under subsection (7), the registration of a person who was registered under old Part IVB immediately before commencement is taken to continue under old Part IVB, unless the person’s registration is cancelled under new Part IVB. (5) On commencement, a designation made by the Minister under section 112N(1)(fa)(ii) of old Part IVB and in force immediately before commencement is taken, for all purposes, to have been made under section 112IC(2) of new Part IVB. (6) New Part IVB applies to hiring charges received under a hire of goods entered into after commencement. (7) Despite the repeal of old Part IVB, it continues to apply — (a) in relation to the conduct of a rental business before commencement; and (b) in relation to the conduct of a rental business after commencement to the extent that the conduct of the rental business relates to rights, granted before commencement, to which old Part IVB applied before commencement. (8) To the extent that section 112O of old Part IVB has effect after commencement in relation to the conduct of a rental business, it has effect subject to the *Taxation Administration Act 2003*. 98. Section 92 amended and transitional (2) The amendments effected by this section and section 99 do not apply in relation to a policy of insurance against an employer’s liability to pay compensation under the *Workers’ Compensation and Rehabilitation Act 1981* where the period for which the insurance was effected commenced on or before 29 June 2004. ”. 30 The amendment in the *Business Tax Review (Assessment) Act (No. 2) 2003* s. 107(5) is not included because the section it sought to amend was previously amended by the *Acts Amendment (Equality of Status) Act 2003* (No. 28 of 2003) s. 192(2).