9Time for lodgement of instrument etc.

9 Time for lodgement of instrument etc. (1) Subject to this Act, a dutiable instrument must be lodged with the Commissioner for the assessment of duty: (a) within 60 days after it is first executed; or (b) if it becomes legally effective without execution – within 60 days after it becomes legally effective. (2) The obligation imposed by subsection (1) applies: (a) whether the instrument is first executed within or outside the Territory; and (b) whether the instrument is within or outside the Territory. (3) However, the obligation to lodge a dutiable instrument for the assessment of duty does not extend to: (a) a motor vehicle certificate of registration; or

Stamp Duty Act 1978 19 (b) a policy of insurance; or (c) an instrument that is exempt from duty under any of the following provisions of Schedule 2: (i) items 9 to 13; (ii) item 15. (3A) In addition, the obligation to lodge and pay duty on a dutiable instrument does not apply to a conveyance (other than a conveyance to which Division 8AB applies) or grant of a lease that does not proceed unless a subsequent sale or other disposition of the dutiable property the subject of the transaction (the relevant transaction): (a) is a sub-sale or transaction having the effect of a sub-sale, even if the subsequent conveyance is executed by the person who was the vendor in the relevant transaction; or (b) is the result of a conveyance by direction, whether in writing or not, initiated by the conveyee in the relevant transaction. (4) If the instrument is a statement or return it must be lodged on or before the last day allowed for its lodgement. (5) Duty on an instrument, or to be assessed by reference to an instrument, must be paid on or before the last day allowed for lodgement of the instrument unless a later date is fixed in a notice of assessment of duty. (6) A person who is liable to duty on an instrument, or to be assessed by reference to an instrument, must ensure that: (a) the instrument is lodged with the Commissioner for the assessment of duty on or before the last day allowed for its lodgement; and (b) the duty is paid on or before the last day allowed for payment. (7) If this Act does not make a particular party to a dutiable transaction liable for payment of duty on the transaction, or an instrument related to the transaction, then all parties are jointly and severally liable for the payment of duty.

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