52AComputation of duty where 2 or more instruments

52A Computation of duty where 2 or more instruments (1) This section applies to the following instruments: (a) an instrument by which, or evidencing a transaction or part of a transaction by which, dutiable property is conveyed; and (b) a statement under section 83B; and (c) a memorandum created for the purposes of section 86, where the memorandum relates to an instrument under paragraph (a) or the failure to lodge a statement under section 83B. (2) In this section, relevant transaction means a transaction which is or should be evidenced by an instrument referred to in subsection (1)(b) or (c). (3) Where 2 or more instruments to which this section applies together form, or arise from, substantially one transaction or one series of transactions, those instruments shall, unless the Commissioner is satisfied that it would not be just and reasonable in the circumstances, be chargeable with ad valorem duty as a single transaction calculated at the rate appropriate to the dutiable property conveyed on the sum of the amounts by reference to which ad valorem duty on each of those instruments would, but for this subsection, have been calculated, and that duty shall be apportioned to the various instruments as determined by the

Stamp Duty Act 1978 41 (4) Where a person conveys dutiable property to the same person (whether that person takes alone or with the same or different persons) by an instrument to which this section applies: (a) which has been, or appears to have been, executed within 12 months of: (i) another such instrument; or (ii) a relevant transaction; or (b) being a statement under section 83B or a memorandum under section 86 evidencing a relevant transaction which, in the opinion of the Commissioner, was entered into within 12 months of: (i) another relevant transaction evidenced by such a statement or memorandum; or (ii) the execution of an instrument referred to in paragraph (a), it shall be presumed, unless the Commissioner is satisfied to the contrary, that the instruments arose out of one transaction or one series of transactions. (5) Where ad valorem duty has been paid in respect of an instrument referred to in subsection (3), the duty otherwise payable under that subsection shall be reduced by the amount of duty already paid. (6) Except as provided by subsection (5), this section does not operate to reduce the duty payable on any instrument.