42Stamping of instruments

#### 42 Stamping of instruments 42 Stamping of instruments > > (1) If— > > > > > (a) an approval under this Division provides for an exemption from a requirement for the stamping of an instrument, and > > > > > (b) the instrument is endorsed in accordance with the conditions of the approval, > > > > the instrument is taken to be duly stamped but without affecting liability for the payment of tax in relation to the instrument under the relevant taxation law. > > > (2) A person who endorses an instrument otherwise than under and in accordance with an approval under this Division so as to suggest or imply that the instrument is properly so endorsed and as a result is taken to be duly stamped is guilty of an offence. > > > > Maximum penalty—100 penalty units. > > > > Note. > > > > An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 121. > > > (3) Despite subsection (1), the endorsing of an instrument as referred to in subsection (1) (b) is not evidence of an assessment of the duty payable under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) in respect of the instrument. > > **s 42:** Am 2000 No 51, Sch 7 \[3\]; 2012 No 97, Sch 1.40 \[3\].