What it does
The Stamp Duties Act 1923 (SA) is the primary statute governing the imposition, calculation, payment, and administration of stamp duty in South Australia. At its core, s 4(1) charges the stamp duties specified in Sch 2 in respect of the instruments specified in that Schedule, subject to the exemptions contained in Sch 2 and other provisions of the Act. The parties who executed an instrument are jointly and severally liable to pay the duty (s 4(2)).
The Act operates through a combination of traditional stamping requirements and modern transactional taxes. Payment of duty is generally denoted by an impressed stamp (s 6(1)), although s 2(13) provides that a stamp duty certificate issued under s 3E, accompanied by a stamp duty identification number, satisfies the requirement for an instrument to be duly stamped. This mechanism, introduced in later amendments, modernises the process for electronic and high-volume transactions.
Territorial scope is addressed in Div 3 of Part 1. Section 3B(1) applies the Act to instruments relating to property situated in South Australia or matters to be done there, regardless of where the instrument is executed. For instruments spanning jurisdictions, duty is calculated only on the South Australian portion (s 3B(2)), subject to specific rules such as those for mortgages in s 81B (noted in the legislative history but operative via cross-reference). Section 3D deems property in a statutory licence granted under South Australian law to be situated in the State. Principles for determining territorial relationships, including potential, contingent or inchoate interests, are set out in s 3A, with a presumption in s 3A(3)(b) that any discretion or contingency is exercised to maximise duty liability.
The Act distinguishes between dutiable instruments and transactions effected without them. Part 2 contains general provisions: s 13 requires instruments to be stamped so the stamp appears on the face and cannot be reused; s 14 mandates separate charging for instruments relating to distinct matters or classes of property with different rates; s 15A addresses GST components in value ascertainment; s 16 applies the duty rates in force at the time an instrument is produced for stamping; s 20 prescribes time limits for payment (two months after execution in South Australia, or the earlier of two months after receipt or six months after execution if outside the State); and s 27 prohibits registration of unstamped instruments.