No. 6375. STAMPS ACT 1958. · 1958. Stamps. No. 6375 957 No. 6375. STAMPS ACT 1958. An Act to consolidate the Law relating to Stamps. BE it enacted by the Queen's Most Excellent Majesty

1958. Stamps. No. 6375 957

No. 6375.

STAMPS ACT 1958.

An Act to consolidate the Law relating to Stamps.

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

[30fA September, 1958.]

1. This Act may be cited as the Stamps Act 1958, and shotttwe, shall come into operation on a day to be fixed by proclamation moment of the Governor in Council published in the Government Gazette, and<Ulrisi<«'-and is divided into Parts Divisions and subdivisions as follows:—

Part I.—Collection of Fees by Stamps ss. 4-16. Part II.—

Collection of Duties by Stamps. ss. 17-137.

Division 1.—Grant of Stamp Duties ss. 17-20. Division 2.—General Provisions ss. 21-40.

(1) Bills of Exchange and Promissory Notes ss. 41-49.

(2) Receipts ss. 50-53. (3) Bills of Lading ss.

54-55. Division 3.— (4) Transfer of Marketable

Special Securities; Direction Provisions as to certain Shares ss. 41-137. ss. 56-60.

958 1958. Stamps. No. 6375

Part II.— Collection Duties Stamps.

ofi by

Division 3.— Special Provisions.

I Part III.—Administration,

ss. 138-167.

(5) W a r e h o u s e m a n ' s Certificate ss. 61-62.

(6) Conveyance or Transfer on Sale of any Real Property or any Estate or Interest therein; L a n d Transfer; Exchange ss. 63-74.

(7) Partition or Division of Real Property or any Estate or Interest therein s. 75.

(8) Lease or Agreement for a Lease ss. 76-83.

(9) Settlement or Gift, Deed of ss. 84-91.

(10) Power of Attorney ss. 92-94.

(11) Annual Licences in relation to Assurance &c. ss. 95-111.

(12) Betting Instruments ss. 112-130.

(13) C o u n t e r p a r t ot Instrument s. 131.

(14) H i r e - P u r c h a s e Agreements ss. 132— 136.

(15) Easements s. 137. Licences, Offences, Regulations &c.

Repeal. Hirst Schedule.

2. (1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any regulation rule order appointment application affidavit declaration statement complaint notice information summons licence permit authority warrant bond fee duty stamp die certificate

1958. Stamps. No. 6375 959

assessment decision direction arrangement appeal liability or right made issued granted given presented accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act; nor shall such repeal limit or affect the operation of sub-sections (2) and (3) of section two of the Stamps (Cheques and Receipts) Act 1956.

3. In this Act unless inconsistent with the context or subject-matter—

" Die " includes any plate type tool or implement whatever used under the direction of the Minister for expressing or denoting any duty or the fact that any duty or penalty has been paid or that an instrument is duly stamped or is not chargeable with any duty and also any part of any such plate type tool or implement.

" Executed " and " execution " with reference to instruments not under seal mean respectively signed and signature.

" Forge " and " forged " include respectively counterfeit and counterfeited.

" Instrument " includes every written document. " Marketable security " means any debentures funds stock

shares or bonds of any Government or of any municipal or other corporation company or society.

" Material" includes every sort of material upon which words or figures can be expressed.

" Money " includes all sums expressed in Australian or in any other currency.

" Officer " includes any person in the employment of the Government of Victoria receiving payment for his services from moneys voted by the Parliament of Victoria.

" Part" means Part of this Act. " Person " includes corporation company and society. " Prescribed" means prescribed by this Act or by the

regulations. " Regulations " means regulations made under this Act. " Right in respect of shares " means right of the holder

of shares in any company to have issued to him any shares in any company whether or not on payment of any money or other consideration for such last-mentioned shares.

" Schedule " means Schedule to this Act.

Interpretation. No. 5204 s. 3.

' Die."

' Executed," ' execution."

" Forge," " forged."

" Instrument."

" Marketable security."

• Material.'

" Money."

' Officer."

' Part."

' Person."

' Prescribed.'

" Regulations." " Right in respect of shares."

' Schedule."

960 1958. Stamps. No. 6375

•Stamp."

"The chief

'Utter.'

" Stamp " means duty stamp whether impressed by means of a die or adhesive, and "stamped" has a corresponding interpretation.

" The chief office " means the chief office of the Minister in which this Act is administered.

" Utter " includes to utter offer dispose of or put off.

Interpretation. No. 5204 s. 4. "Fees."

Second Schedule.

PART I.—COLLECTION OF FEES BY STAMPS.

4. In this Part— " Fees " includes all fees dues duties taxes and charges

payable to the Crown or the Consolidated Revenue of Victoria under any of the enactments (as amended by any Act) specified in the Second Schedule or any corresponding previous enactments or under any rule or regulation or Order in Council made thereunder, but does not include any commission or remuneration in the nature of a commission or poundage chargeable upon or to be retained out of moneys levied by execution or otherwise or any allowance or payment to any person for travelling expenses.

From time appointed by Governor in Council certain fees payable to the Government to be collected by stamps. No. 5204 s. 5; No. 5842 s. 2.

Second Schedule.

5. From and after such time or respective times as the Governor in Council heretofore by notice published in the Government Gazette has appointed or hereafter by such notice published in the Government Gazette appoints, the following fees, or such of them as have been or are specified in such notice or respective notices, shall be collected by stamps:—

(a) All fees payable to the Crown or the Consolidated Revenue of Victoria or to the several officers of Government, in the several courts and offices, in respect of matters or things to be done or performed under the several enactments (as amended by any Act) specified in the Second Schedule or any corresponding previous enactments; and

(b) All fees payable to the Crown or the Consolidated Revenue of Victoria or to any officers of the Government under any other enactment now or hereafter in force which the Governor in Council by any such notice in the Government Gazette directs to be collected by stamps.

Stamps to be impressed or adhesive. No. 5204 s. 6.

6. All or any stamps to be used under this Part shall be impressed or adhesive as the Governor in Council directs.

1958. Stamps. No. 6375 961

7 . ( 1 ) The Governor in Council may by Order published in fe""'",.^ the Government Gazette direct that all or any of the fees which Council to under this Part are at the time of making any such Order required be paid in

to be collected by stamps 'shall from the time named in such Order SfSSnS?*4

be collected in money, which shall be paid to a Receiver of No. 5204 s. 7. Revenue under the Audit Act 1958, who shall certify or denote on any instrument to which such Order applies by an impressed stamp or impressed stamps the amount of fees paid.

(2) From the time named in such Order for such collection of fees in money instead of stamps all such fees so directed to be collected in money shall be paid in money.

(3 ) All persons who neglect evade or attempt to evade Penalties and payment of such fees shall, besides being subject to such penalties evasion^Ste. as any law in force imposes for any such acts of omission or commission, be also liable to pay to Her Majesty as damages in addition to such fees a sum which shall be double the amount of the fees so neglected to be paid or evaded or attempted to be evaded.

(4) Such fees and damages shall be recoverable with full ^ ° a ^ y o f

costs of suit by action in the Supreme Court in the same manner damages, as any debt duty or sum of money due to Her Majesty, otherwise than upon or by virtue of a recognisance, is recoverable under Part I. of the Crown Proceedings Act 1958.

8. ( 1 ) After the time named in the Order of the Governor P 0 ^ ^ * 3

in Council authorized by the last preceding section to be made payment of no instrument to which the Order applies and in respect of which evidence any fee is payable by any law in force at the time of the ScSpujf commencement of this Act or at any time thereafter shall be !?%,(,. used or pleaded or received in evidence except in criminal proceedings unless the fee payable on such instrument is denoted on such document or instrument or otherwise certified by a Receiver of Revenue under the Audit Act 1958 in the manner provided by the regulations.

(2 ) The provisions of the next succeeding section shall with ^ P ^ " " 0 0

such adaptations as are necesesary extend and apply to the section, provisions of this section.

9. (1 ) Subject to the provisions of this section any document °0°ênS_ which ought to bear a stamp under this Part shall not be of any g*™p^|° validity unless and until it is properly stamped. No. 5*204$. 9.

(2 ) If any such document is through mistake or inadvertence gf oojnwit received lodged filed or used without being properly stamped, or g"}U8h

e

if it appears upon any such document being tendered in evidence court6™"06' or for any other purpose that the same through inadvertence has stamped with not been properly stamped, a judge chairman or justice of any f ^ ^ ° n a

VOL. vn.—31

962 1958. Stamps. No. 6375

Then valid.

court may if he thinks fit order that the same be stamped with stamps of such amount beyond the fee due thereupon as he thinks reasonable, not exceeding five times the amount of the stamp which should have been impressed of affixed thereon as in such order is directed.

(3) On such document being stamped accordingly the same and every proceeding relative thereto shall be as valid as if such document had been properly stamped in the first instance.

Court to take notice of want of stamp though no objection is made. No. 5204 s. 10.

10. Except in criminal proceedings any document which ought to be but is not duly stamped under this Part shall not nor, though no objection is raised thereunto, shall any judge chairman or justice of any court allow such document to be used until such document has been first duly stamped.

Where stamps are required, officer to see that they are attached. No. 521)4 s. 11.

Officer to cancel adhesive stamp.

11. Every officer whose duty it is to receive any fee or sum of money for any matter or thing to be done or performed for which payment is to be made by stamps—

(a) shall before doing or performing such matter or thing see that there is attached to the document instrument matter or thing in respect whereof the fee or sum of money is payable a stamp of value not less than the fee or sum of money payable for the performance of such matter or thing; and

(b) when an adhesive stamp is used, shall immediately cancel the same by writing or stamping or impressing in ink on the same his name or initials and the date thereof so as effectually to obliterate and cancel the stamp and so as not to admit of its being used again.

Penalty for issuing or serving documents not stamped or failing to cancel stamps &c. No. 5204 s. 12.

12. Every person who without lawful excuse (the proof whereof shall be upon such person)—

(a) files issues receives procures or delivers any instrument or serves or executes any writ rule order matter or proceeding not properly stamped as required by this Act; or

(b) does or performs or permits to be done or performed any act matter or thing in respect whereof a stamp should be used without using such stamp; or

(c) fails or omits to cancel or obliterate any adhesive stamp at the time and in the manner prescribed by this Act—

shall be liable to a penalty of not more than Twenty pounds.

1958. Stamps. No. 6375 963

13 . In any proceeding for the recovery of any penalty under Proof in thiS P a r t — goceedm..

penalties.

(a) the production of any instrument unstamped or No. 5204 9.13. stamped with an insufficient stamp or the stamp of which is not properly or sufficiently obliterated and cancelled; or

(b) the proof of any instrument having been unstamped or not sufficiently stamped at the time when it was filed issued received procured delivered served or executed or of any stamp not having been properly and sufficiently obliterated and cancelled—

shall be prima facie evidence that without lawful excuse— (i) such instrument was filed issued received procured

delivered served or executed not properly stamped as required by this Act; or

(ii) the act matter or thing in respect whereof a stamp should have been used was done or performed or permitted to be done or performed without using such stamp; or

(iii) the stamp was not cancelled or obliterated at the time and in the manner prescribed .by this Act—

(as the case requires).

14. Where any person is convicted before any court of petty p0weru> sessions in any penalty incurred under this Part, the court may, mf"^?eto

in the case of a first offence where upon consideration of the «"t"inecj5U.

circumstances it deems it expedient so to do, mitigate the payment No. 5204 s. 14. of the said penalty but so that the sum to be paid by such person is not less than one-fourth part of the amount of the penalty (exclusive of the costs and charges) in which such person is convicted.

15 . Nothing in this Part shall be deemed to interfere with the power of the Governor in Council judges or other persons empowered to alter or otherwise regulate the amount of fees payable under any of the enactments (as amended by any Act) specified in the Second Schedule, or of directing that any fee payable under any of the said enactments shall cease to be payable.

Nothing to interfere with power of Governor in Council &c. to alter feet Ac. No. 5204 s. 15. Second Schedule.

16. The Governor in Council may make regulations for or Regulations, with respect to all matters which are necessary or expedient to NO. 5204 s. 16. be prescribed for carrying out this Part and for regulating the use of stamps under this Part, and in particular for or with respect t o—

(a) prescribing the application of this Part to documents from time to time in use or required to be used for the purpose of such stamps;

964 1958. Stamps. No. 6375

(b) insuring the proper cancellation of adhesive stamps; (c) keeping accounts of such stamps; and (d) the issuing of stamps in exchange for spoiled stamps.

Grant of duties is Third Schedule. No. 5204 s 17.

As to Instruments relating to property belonging to the Crown.

Recovery of duty and damages for evasion of payment.

PART II.—COLLECTION OF DUTIES BY STAMPS.

DIVISION 1. GRANT OF STAMP DUTIES.

17o (1) Subject to the exemptions contained in the Third Schedule and in any Acts for the time being in force, there shall be charged for the use of Her Majesty upon the several instruments specified in the said Schedule the several duties and additional duties therein specified.

(2) Except where express provision to the contrary is made by this or any other Act, an instrument relating to property belonging to the Crown shall be charged with the same duty as an instrument of the same kind relating to property belonging to a subject.

(3) All persons who neglect evade or attempt to evade payment of any of the several duties specified in the said Schedule or of any other stamp duties which may from time to time be chargeable by law upon any instruments shall besides being subject to such penalties as any law in force may impose upon any such acts of omission or commission be also liable to pay to Her Majesty as damages in addition to such duties a sum which shall be double the amount of the duties so neglected to be paid or evaded or attempted to be evaded; and such duties and damages shall be recoverable with full costs of suit by action in the Supreme Court in the same manner as any debt duty or sum of money due to Her Majesty otherwise than upon or by virtue of a recognizance is recoverable under Part I. of the Crown Proceedings Act 1958.

All duties to be paid according to the provisions of this Act. No. 5204 s. 18. Third and Fourth Schedules to be read as part of this Part. Power to Governor iu Council to order duties to be paid in money instead of stamps. No. 5204 s. 19.

18. (1) All stamp duties which are from time to time chargeable by law upon any instrument shall be paid and denoted according to the provisions of this Act.

(2) The Third and Fourth Schedules and everything therein contained shall be read and construed as part of this Part.

19. (1) The Governor in Council may by Order published in the Government Gazette direct that all or any of the duties under this Part shall be paid in money to the Comptroller of Stamps who shall certify or denote on any instrument to which such Order applies by an impressed stamp or impressed stamps the amount of duty paid.

(2) From the time named in such Order for such collection of duties in money instead of stamps all such duties so directed to be collected in money shall be paid in money.

1958. Stamps. No. 6375 966

20. (1) After the time named in the Order of the Governor in Council authorized by the last preceding section to be made, no instrument to which any such Order applies and in respect of which any duty is payable by any law in force at the commencement of this Act or any time thereafter shall be used or pleaded or received in evidence except in criminal proceedings unless the duty payable is denoted on such instrument or otherwise certified by the Comptroller of Stamps in the manner provided by the regulations.

(2) The provisions of section twenty-nine of this Act shall with such adaptations as are necessary extend and apply to the provisions of this section.

Documents requiring payment of duty not to be evidence without receipt of duty. No. 5204 9. 20.

Application hereto of s. 29, post.

DIVISION 2. GENERAL PROVISIONS.

21. (1) Every instrument written upon stamped material shall ifow be written in such manner, and every instrument partly or wholly tcTeTrltwn written before being stamped shall be so stamped, that the stamp ^5204^21 appears on the face of the instrument and cannot be used for or applied to any other instrument written upon the same piece of material.

(2) If more than one instrument is written upon the same several piece of material, every one of such instruments shall be separately SfoSsheet. and distinctly stamped with the duty with which it is chargeable.

22. Except where express provision to the contrary is made instrumepts by this or any other Act— separately

. . . . . . charged with

(a) an instrument containing or relating to several distinct £",!&{£cases matters shall be separately and distinctly charged, No 5204 s. 22. as if it were a separate instrument, with duty in respect of each of such matters; and

(b) an instrument made for any consideration or considerations in respect whereof it is chargeable with ad valorem duty, and also for any further or other valuable consideration or considerations, shall be charged with duty in respect of such last-mentioned consideration or considerations as if it was a separate instrument made for such consideration or considerations only.

23. (1) A stamp which by any word or words on the face of AS to the Uie it is appropriated to any particular description of instrument shall appropriated

not be used or, if used, shall not be available for an instrument £0 5204 s. 23 of any other description.

(2) An instrument falling under the particular description to ins rameuts which any stamp is so appropriated as aforesaid shall not be appropriated

deemed duly stamped unless it is stamped with the stamp so stamps' appropriated.

966 1958. Stamps. No. 6375

Facts and circumstances affecting duty to be set forth in instruments. No. 5204 s. 24; No. 6104 s. 2. Penalty.

24. (1) All the facts and circumstances affecting the liability of any instrument to ad valorem duty or the amount of the ad valorem duty with which any instrument is chargeable shall be fully and truly set forth in the instrument.

(2) Every person who with intent to defraud Her Majesty— (a) executes any instrument in which all the said facts

and circumstances are not fully and truly set forth; or

(b) being employed or concerned in or about the preparation of any instrument neglects or omits fully and truly to set forth therein all the said facts and circumstances—

shall be liable to a penalty of Ten pounds. (3) The Comptroller of Stamps may in any case where he

considers the circumstances so require, permit any error in an instrument to be corrected.

Money in foreign currency to be valued. No. 5204 s. 25.

25. Where an instrument is chargeable with ad valorem duty in respect of any money in any currency other than that of the Commonwealth of Australia, such duty shall be calculated on the value of such money in Australian currency according to the current rate of exchange on the day of the date of the instrument.

Valuation of marketable securities and rights in respect of shares. No. 5204 s. 26; No. 6104 s. 3.

26. (1) Where an instrument is chargeable with ad valorem duty in respect of any marketable security or right in respect of shares, such duty shall be calculated on the unencumbered value thereof on the day of the date of the instrument.

(2) In computing for the purpose of this Act the value of any marketable security or right in respect of shares, no account shall be taken of any provision in the memorandum or articles of association of the company which or the operation of which restricts or would restrict the sale or disposition or reduces or would reduce the unencumbered value of the marketable security or right, and the marketable security or right shall be valued as if no such provision existed.

(3) In computing for the purposes of this Act the unencumbered value of any marketable security or right in respect of shares the Comptroller of Stamps may accept the approximate average price thereof as disclosed by the sales or quotations in respect of similar securities or rights on any recognized stock exchange in the Commonwealth of Australia.

Effect of statement of value. No. 5204 s. 27.

27. Where an instrument contains a statement of current rate of exchange or average price (as the case requires) and is stamped in accordance with such statement, such instrument shall, so far as regards the subject-matter of such statement, be deemed duly stamped until it is shown that such statement is untrue and that the instrument is in fact insufficiently stamped.

1958. . Stamps. No. 6375 967

28. (1) Save where other express provision is made in this Act, any unstamped or insufficiently stamped instrument may be stamped after the execution thereof on payment of the unpaid duty and a penalty of Five pounds and also by way of further penalty, where the unpaid duty exceeds Ten pounds, of interest on such duty at the rate of Eight pounds per centum per annum from the day upon which the instrument was first executed up to the time when the amount of interest is equal to the unpaid duty.

(2) In the case of such instruments as are chargeable with ad valorem duty—

(a) the instrument unless it is written upon duly stamped material shall be duly stamped with the proper ad valorem duty before the expiration of three months after it is first executed or (if first executed at any place out of Victoria) after it has been first received in Victoria, unless the opinion of the Comptroller of Stamps with respect to the amount of duty with which the instrument is chargeable has before such expiration been required under the provisions of this Act;

(b) where the opinion of the Comptroller of Stamps with respect to any such instrument has been required, the instrument shall be stamped in accordance with the assessment of the Comptroller of Stamps within fourteen days after notice of the assessment:

Provided that where in the case of an instrument of conveyance or transfer on sale of any real property the instrument is first executed with the intent that it should be held in escrow and a memorandum to that effect is executed simultaneously with the execution of the instrument, such instrument unless it is written upon duly stamped material shall be either duly stamped with the proper ad valorem duty or submitted for the opinion of the Comptroller of Stamps before the expiration of one month after it is released from escrow, proof of which release shall be furnished to the Comptroller of Stamps by statutory declaration.

(3) The Minister may if he thinks fit at any time after the first execution of any instrument mitigate or remit any penalty payable on stamping.

(4) The payment of any penalty payable on stamping is to be denoted on the instrument by a particular stamp.

29. (1) Upon the production of an instrument chargeable with any duty as evidence in any court of civil judicature in any part of Victoria, the officer whose duty it is to read the instrument shall call the attention of the judge to any omission or insufficiency of the stamp thereon.

Stamping ul instruments after execution. No. 5204 s. 28: No. 6104 s. 4 (1) ( « ) . « > .

As to instruments chargeable with ad valorem duty.

StampiiiK of instruments of conveyance or transfer of land held in escrow.

Remission of penalty.

Payment of penalty denoted by particular stamp.

Certain unstamped or insufficiently stamped instruments receivable in evidence in any court on payment of dutv and penalty. No. 5204 s. 29.

968 1958. Stamps. No. 6375

The officer of the court to account for duties and penalties.

Duty and penalty so paid to be denoted.

(2) If the instrument is one (other than a bill of exchange or promissory note) which may legally be stamped after the execution thereof, it may on payment to the officer of the amount of the unpaid duty and the penalty payable by law on stamping the same as aforesaid and of a further sum of One pound be received in evidence, saving all just exceptions on other grounds.

(3) The officer receiving the said duty and penalty shall— (A) give a receipt for the same; (b) make an entry in a book kept for that purpose of the

payment and of the amount thereof; (c) communicate to the Minister the name or title of the

cause or proceeding in which and of the party from whom he received the said duty and penalty and the date and the description of the instrument; and

(d) pay over to such person as the Minister appoints the money received by him for the said duty and penalty.

(4) Upon production to the Minister of any instrument in respect of which any duty or penalty has been paid as aforesaid together with the receipt of the said officer, the payment of such duty and penalty shall be denoted on such instrument accordingly.

Instrument not duly stamped inadmissible. No. 5204 s. 30.

30. Save and except as aforesaid, no instrument executed in any part of Victoria or relating wheresoever executed to any property situate or to any matter or thing done or to be done in any part of Victoria shall except in criminal proceedings be pleaded or given in evidence or admitted to be good useful or available in law or equity unless it is duly stamped in accordance with the law in force at the time when it was first executed.

In certain cases payment of duty on some other instrument to be denoted. No. 5204 s. 31.

31. Where the duty with which an instrument is chargeable depends in any manner upon the duty paid upon another instrument, the payment of such last-mentioned duty shall, if application is made to the Comptroller of Stamps for that purpose and on production of both the instruments, be denoted in such manner as the Comptroller of Stamps thinks fit upon such first-mentioned instrument.

Expression of opinion as to duty by Comptroller of Stamps. No. 5204 s. 32; No. 6104 s. 5.

Instrument not chargeable.

32. (1) Subject to the regulations the Comptroller of Stamps may be required by any person to express his opinion with reference to any executed instrument upon the following questions:—

(a) Whether it is chargeable with any duty; (b) With what amount of duty it is chargeable.

(2) If the Comptroller of Stamps is of opinion that the instrument is not chargeable with any duty, such instrument may be stamped with a particular stamp denoting that it is not chargeable with any duty.

1958. Stamps. No. 6375 969

(3) If the Comptroller of Stamps is of opinion that the instrument is chargeable with duty, he shall assess the duty with which it is in his opinion chargeable; and if the instrument is duly stamped in accordance with the assessment of the Comptroller of Stamps, it may be stamped also with a particular stamp denoting that it is duly stamped.

(4) Every instrument stamped with the particular stamp denoting either that it is not chargeable with any duty or that it is duly stamped shall be admissible in evidence and available for all purposes notwithstanding any objection relating to duty.

(5) An instrument upon which the duty has been assessed by the Comptroller of Stamps shall not if it is unstamped or insufficiently stamped be stamped otherwise than in accordance with the assessment of the Comptroller of Stamps.

(6) Nothing in this section shall be deemed to authorize the stamping after the execution thereof of any instrument prohibited by law from being so stamped.

(7) The Comptroller of Stamps may, on his own motion or at the request of any person, amend any assessment of duty or any opinion that an instrument is chargeable with duty ; and the Minister may allow a refund to such person of any amount of excess duty paid.

Assessment of duty and aifixingof particular stamp.

Instruments so stamped admissible in evidence.

Such instruments to be stamped only as assessed.

Nothing herein to authorize stamping after execution, where prohibited. Amendment of assessment.

33. (1) Any person who is dissatisfied with the assessment of the Comptroller of Stamps made in pursuance of the last preceding section may within twenty-one days after the date of such assessment and on payment of duty in conformity therewith appeal against such assessment to the Supreme Court and may for that purpose require the Comptroller of Stamps to state and sign a case setting forth the question upon which his opinion was required and the assessment made by him.

(2) The Comptroller of Stamps shall thereupon state and sigh a case accordingly and deliver the same to the person by whom it is required, and on his application such case may be set down for hearing in the Court.

(3) Upon the hearing of such case (due notice of which is to be given to the Comptroller of Stamps) the Court shall determine the question submitted and, if the instrument in question is in the opinion of the Court chargeable with any duty, shall assess the duty with which it is so chargeable.

(4) If it is decided by the Court that the assessment of the Comptroller of Stamps is erroneous, any excess of duty which has been paid in conformity with such erroneous assessment together with any penalty which has been paid in consequence thereof shall be ordered by the Court to be repaid by the Comptroller of Stamps to the appellant, together with the costs incurred by him in relation to the appeal.

Appeal from assessment. No. 5204 s. 33.

Comptroller to state a case.

Court to determine question submitted.

If assessment held to be erroneous duty penalty and costs to be repaid by Comptrollet

970 1958. Stamps. No. 6375

If assessment confirmed appellant to pay costs.

(5) If the assessment of the Comptroller of Stamps is confirmed by the Court, the costs incurred by the Comptroller of Stamps in relation to the appeal shall be ordered by the Court to be paid by the appellant to the Comptroller of Stamps.

Power to Comptroller of Stamps to call for and refuse to proceed without abstract and evidence. No. 5204 s. 34.

Affidavits A c under this section not to be used for other purposes.

Relief from penalties &c. for misstatement.

34. (1) In any case of application to the Comptroller of Stamps with reference to any instrument the Comptroller of Stamps may require to be furnished with an abstract of the instrument, and also with such evidence as he deems necessary, in order to show to his satisfaction whether all the facts and circumstances affecting the liability of the instrument to duty or the amount of the duty chargeable thereon are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly.

(2) No affidavit or statutory declaration made in pursuance of this section shall be used against any person making the same in any proceeding whatever except in an inquiry as to the duty with which the instrument to which it relates is chargeable.

(3) Every person by whom any such affidavit or declaration is made shall, on payment of the full duty with which the instrument to which it relates is chargeable, be relieved from any penalty forfeiture or disability he has incurred by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid.

Public oflicers to permit rolls oooks &c. to he inspected for purposes of this Part. No. 5204 s. 35.

Penalty for refusal.

35. (1) All public officers having in their custody any rolls books records papers documents or proceedings the inspection whereof may tend to secure any duty or to the proof or discovery of any fraud or omission in relation to any duty shall at all reasonable times permit any person thereunto authorized by the Comptroller of Stamps to inspect all such rolls books records papers documents and proceedings and to take such notes and extracts as he deems necessary without fee or reward.

(2) Every person who refuses to permit such inspection shall for every such refusal be liable to a penalty of Ten pounds.

Inspection of documcnto Ac. No. 5204 s. 36.

36. (1) The Comptroller of Stamps, or any officer authorized by the Comptroller of Stamps in writing for the purpose (whether generally or in any particular case) on showing such authority, may require any person at any reasonable time to produce for inspection any books records papers or documents in his custody possession or control the inspection whereof may tend to secure the payment of any stamp duty under this Act or to prove or lead to the discovery of any fraud or omission in relation to any such stamp duty, and may inspect the same and take any extracts therefrom.

1958. Stamps. No. 6375 971

(2) Any person who— Penalty for v ' J r failure &c. to

(a) in contravention of this section fails neglects or refuses Xtruaion to produce for inspection any such books records &c-papers or documents when duly required under this section to .do so; or

(b) delays or obstructs the said Comptroller or any such officer in carrying out his duties under this section—

shall be liable to a penalty of not more than Twenty pounds. (3) Where any instrument which ought to be but is not JtoweMo

stamped or is insufficiently stamped is produced for inspection unstamped under this section, the said Comptroller or such officer may wnenn s t r u m e m

impound the same and such officer shall in due course hand the hereunder, same to the said Comptroller, and the said Comptroller shall retain any instrument impounded as aforesaid until the stamp duty or any penalty payable under this Act in respect thereof or both such duty and penalty has or have been paid.

(4) The Comptroller of Stamps may impound any instrument General power which under this Act— 0

ff gKSKS"

. . , , , . , impound

(a) ought to be but is not stamped; or unstamped &c ° r instruments.

(b) is insufficiently stamped— and may retain the same until the stamp duty or any penalty payable under this Act in respect thereof or both such duty and penalty has or have been paid.

(5) When any instrument has been impounded pursuant to Power of the powers conferred by this section the Comptroller of Stamps to assess duty may notwithstanding anything in this Act assess the duty with °nstmmeUnntsled

which such instrument is in his opinion chargeable, and the &c-provisions of this Act shall apply in respect of any such assessment in all respects as if it were an assessment made under section thirty-two of this Act pursuant to a requirement for an expression of opinion under that section.

37. Every person whose office it is to enrol register or enter Penalty for in or upon any rolls books or records any instrument chargeable any" °8

with any duty who enrols registers or enters any such instrument not duly - - - - - - - - stamped.

No. 5204 s. 37. not being duly stamped shall be liable to a penalty of Ten pounds.

38. Except where express provision is made to the contrary— HOW duties to (a) all duties may be denoted by adhesive stamps or NO. 52<MS. 38.

impressed stamps or partly by adhesive and partly by impressed stamps;

(6) when the whole or any part of the duty is denoted by an adhesive stamp, such adhesive stamp shall be cancelled by the person by whom the instrument is first executed;

972 1958. Stamps. No. 6375

Penalty. (c) in default of such cancellation, the person so executing the instrument shall be liable to a penalty of Ten pounds.

General direction as to the cancellation of adhesive stamps. No. 5204 s. 39.

Penalty for neglect or refusal.

39. (1) An instrument the duty upon which is permitted or required by law to be denoted either wholly or partly by an adhesive stamp shall not be deemed duly so stamped with an adhesive stamp—

(a) unless the person required by law to cancel such adhesive stamp cancels the same by writing on or across the stamp his name or initials or the name or initials of his firm together with the true date of his so writing so that the stamp may be effectually cancelled and rendered incapable of being used for any other instrument; or

(b) unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time.

(2) Every officer or person who being required by law to cancel an adhesive stamp wilfully neglects or refuses duly and effectually to do so in manner aforesaid shall be liable to a penalty of Five pounds.

Moneys received {or and not appropriated to payment of any duty to be recoverable in Supreme Court. No. 5204 s. 40.

Order of Supreme Court to person in default to show cause why he should not account.

Order absolute.

40. (1) Every person who having received any sum of money as or for the duty upon or in respect of any instrument neglects or omits to appropriate such money to the due payment of such duty or otherwise improperly withholds or detains the same shall be accountable for the amount of such duty, and the same shall be a debt due from him to Her Majesty and recoverable as such accordingly.

(2) The Supreme Court may upon application, made for that purpose on behalf of the Comptroller of Stamps upon such affidavit as appears sufficient, grant an order requiring any such person as aforesaid or the officer of any court or the executor or administrator of such person or officer to show cause—

(a) why he should not deliver to the Comptroller of Stamps an account upon oath of all duties and sums of money received by such person or officer; and

(b) why the same should not be forthwith paid to the Comptroller of Stamps or to such other person as the Comptroller of Stamps appoints to receive the same.

(3) The Court may make absolute any such order and enforce by attachment or otherwise the payment of any such duties or sums of money as on such proceedings appear to be due together with the costs of the proceedings.

1958. Stamps. No. 6375 973

DIVISION 3.—SPECIAL PROVISIONS.

(1) Bills of Exchange and Promissory Notes. Interpretation.

4 1 . For the purposes of this Part— -Biuof "Bill of exchange" includes draft order cheque and letter exchange"

of credit and any document or writing (except a bank note) entitling or purporting to entitle any person whether named therein or not to payment by any other person of or to draw upon any other person for any sum of money therein mentioned.

" Bill of exchange payable on demand " includes— "Buiof exchange

(a) an order for the payment of any sum of money %%£*$? by a bill of exchange or promissory note;

(b) an order for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money;

(c) an order for the payment of any sum of money out of any particular fund which may or may not be available or upon any condition or contingency which may or may not be performed or happen;

(d) an order for the payment of any sum of money weekly monthly or at any other stated periods;

(e) an order for the payment by any person at any time after the date thereof of any sum of money, if such order is sent or delivered by the person making the same to the person by whom the payment is to be made and not to the person to whom the payment is to be made or to any person on his behalf.

" Promissory note" includes any document or writing •« promissory (except a bank note) containing a promise to pay note-" any sum of money, and includes any note promising the payment of any sum of money out of any particular fund which may or may not be available or upon any condition or contingency which may or may not be performed or happen.

42. (1) The ad valorem duty upon a bill of exchange Or Ad valorem

promissory note drawn or made in Victoria and payable in victo°"an wus Victoria shall be denoted by an impressed stamp. be'dMoucu.y

impressed stamps.

(2) If within fourteen days after the execution of any such p^werw3'42

bill or note it is shown to the satisfaction of the Comptroller of | sm

apm

roUer

Stamps by statutory declaration or otherwise that the failure to J*hi£eP

d use an impressed stamp at the time of such execution did not occur after60" ays

by reason of any wilful neglect or of any attempt to evade or avoid certain execution in

cases

974 1958. Stamps. No. 6375

Denoting of fixed duty by adhesive stamp. No. 5204 s. 43; No. 5540 s. 2.

Collection of fixed stamp duty on cheques from bankers and issue of " duty paid " cheque forms.

and contain such terms and restrictions as the

the payment of the duty chargeable thereon, the Comptroller may impress such bill or note with a stamp denoting the amount of duty chargeable thereon, and such bill or note shall thereupon be as good useful or available in law or equity as though it had been duly stamped at the time when it was first executed.

43. (1) If the fixed duty on a bill of exchange payable on demand is not denoted by an impressed stamp, such duty may be denoted by an adhesive stamp which shall be cancelled by the person by whom the bill is signed before he delivers it out of his hands custody or power.

(2) (a) The Comptroller of Stamps at his discretion may grant to any banker a licence enabling that banker to issue to customers cheque forms having the words " Stamp duty paid " printed thereon.

(b) A cheque executed or made on such a cheque form issued by a banker pursuant to a licence in force under this sub-section shall be deemed to be duly stamped under this Act as a bill of exchange payable on demand.

(c) Every such licence— (i) shall be in such form

conditions limitations Comptroller thinks fit;

(ii) in particular shall contain such conditions as the Comptroller thinks proper with respect to the payment of duty at the rate fixed in respect of cheques by this Act, which payment the banker holding the licence shall make to the Comptroller in respect of cheque forms issued by such banker;

(iii) shall be revocable at any time at the will of the Comptroller.

(d) The Governor in Council may make regulations for or with respect to—

(i) empowering the Comptroller to authorize any banker to print or have printed cheque forms for the purposes of this sub-section;

(ii) prohibiting any person from printing such cheque forms or similar forms unless so authorized by the Comptroller;

(iii) prescribing conditions to be observed by any person so authorized in the printing of such cheque forms;

(iv) prescribing for the purposes of this sub-section the procedure to be followed by bankers and other persons printing such cheque forms and by bankers issuing such cheque forms, and for such purposes requiring prescribed returns and information to be furnished to the Comptroller;

1958. Stamps. No. 6375 975

(v) prescribing penalties of not more than Fifty pounds for the breach of any regulation made under this sub-section.

44. (1) The ad valorem duty upon a bill of exchange or promissory note drawn or made out Of Victoria shall be denoted by an adhesive stamp.

(2) Every person into whose hands any such bill or note comes in Victoria before it is stamped shall, before he presents for payment or endorses transfers or in any manner negotiates or pays such bill or note, affix thereto a proper adhesive stamp or proper adhesive stamps of sufficient amount and cancel every stamp so affixed thereto:

Provided that— (a) if at the time when any such bill or note comes into

the hands of any bona fide holder thereof there is affixed thereto an adhesive stamp effectually obliterated and purporting and appearing to be duly cancelled, such stamp shall so far as relates to such holder be deemed to be duly cancelled although it may not appear to have been so affixed or cancelled by the proper person; and

(b) if at the time when any such bill or note comes into the hands of any bona fide holder thereof there is affixed thereto an adhesive stamp not duly cancelled, it shall be competent for such holder to cancel such stamp as if he were the person by whom it was affixed, and upon his so doing such bill or note shall be deemed duly stamped and as valid and available as if the stamp had been duly cancelled by the person by whom it was affixed—

but nothing in this proviso shall relieve any person from any penalty incurred by him for not cancelling any adhesive stamp.

(3) A bill of exchange or promissory note purporting to be drawn or made out of Victoria shall, for the purpose of determining the mode in which the stamp duty thereon is to be denoted, be deemed to have been so drawn or made although it may in fact have been drawn or made within Victoria.

Ad valorem ' duties on foreign bills and notes to be denoted by adhesive stamps. No. 5204 s. 44. Duty of persons into whose hands foreign bills come.

Protection of bona fide holders of foreign bills and notes.

Not to relieve any other person.

Bills purporting to be drawn outside Victoria deemed so drawn.

45. Except as in this subdivision provided, no bill of exchange or promissory note shall be stamped after the execution thereof.

46. (1) When a bill of exchange purporting to be payable on demand is given and received under any agreement express or implied that payment thereof is not to be required or made within twenty-one days from the execution thereof or is given or renewed for the purpose of evading or avoiding payment of stamp duty,

Bills and notes not to be stamped after execution. No. 5204 s. 45. Certain bills of exchange to be stamped as promissory notes. No. 5204 s. 46.

976 1958. Stamps. No. 6375

Penalty and disabilities.

Saving of bona fide holder for value.

such bill of exchange and every renewal thereof shall be chargeable with the same stamp duty as a promissory note for the sum of money therein expressed.

(2) If any person accepts issues indorses transfers negotiates presents for payment or pays any bill of exchange or renewal as aforesaid not duly stamped as a promissory note, he shall be liable to a penalty of treble the amount of duty which is payable on such bill or renewal under this Act, and the person who takes or receives from any other person any such bill or renewal either in payment or as a security or by purchase or otherwise shall not be entitled to recover thereon in any court or to make the same available or cognizable for any purpose whatever.

(3) The penalties and disabilities contained in the last preceding sub-section shall not affect any bona fide holder for value of any such bill or renewal if such holder gives to the court judge or justice before whom any proceedings are taken against any person in respect of such bill or before whom the same is questioned satisfactory proof—

(a) that he took or received the same in bona fide ignorance of the fact that such bill or renewal was not duly stamped; and

(b) that he was not guilty of any wilful neglect or want of care in taking or receiving the same—

and thereupon the court judge or justice may direct such holder to stamp the said bill or renewal with adhesive stamps of the amount of the ad valorem duty chargeable thereon in the first instance and to cancel such stamps; and such bill or renewal shall then so far as relates to such holder be deemed to be duly stamped.

Penalty for issuing &c. any unstamped bill or note. No. 5204 s. 47. Unstamped bill or note to be unavailable.

Exception when the bill is liable only to the fixed duty.

Not to relieve from penalty.

47. Every person who draws makes issues indorses transfers negotiates presents for payment or pays any bill of exchange or promissory note liable to duty and not being duly stamped shall be liable to a penalty of not more than Ten pounds, and the person who takes or receives from any other person any such bill or note not being duly stamped either in payment or as security or by purchase or otherwise shall not be entitled to recover thereon or to make the same available for any purpose whatever:

Provided that if any bill of exchange payable on demand is presented for payment unstamped, the person to whom it is so presented may affix thereto a proper adhesive stamp and cancel the same as if he had been the drawer of the bill, and may upon so doing pay the sum in the said bill mentioned and charge the duty in account against the person by whom the bill was drawn or deduct such duty from the said sum, and such bill shall so far as respects the duty be deemed good and valid; but nothing in this proviso shall relieve any person from any penalty he has incurred in relation to such bill:

1958. Stamps. No . 6375 977

Provided further that if at the time when any bill of exchange Presumption or promissory note comes into the hands of any bona fide holder bona fide

thereof there is affixed thereto a proper adhesive stamp or stamps receiving of sufficient amount effectually obliterated and purporting and s t amPedbm-appearing to be duly cancelled, such bill of exchange or promissory note shall so far as relates to such holder be deemed to be duly stamped; but nothing in this proviso shall relieve any person from any penalty he has incurred in relation to such bill or promissory £°m

t o^,etv e

note.

When bona fide holder may recover on bill of exchange notwithstanding irregularity in mode of cancelling stamp. No. 5204 s. 48.

48. (1) If at the trial before any court judge or justice of an action on a bill of exchange payable on demand it appears that there is affixed thereto a proper adhesive stamp purporting and appearing to be cancelled—

(a) the bona fide holder thereof for value shall not be deprived of his right to recover thereon by reason only of any irregularity or apparent irregularity in the cancellation of the said stamp if in the opinion of the court judge or justice the holder thereof at the time when the said bill came into his hands was in bona fide ignorance of such irregularity or apparent irregularity and there has not been any intent or attempt by him to avoid or evade payment of stamp duty; and

(b) the court judge or justice may direct such holder to stamp the said bill at the trial with a proper adhesive stamp and to cancel such stamp, and such bill shall then so far as relates to such holder be deemed to be duly stamped.

(2) This section shall not relieve any person from any penalty he has incurred in relation to such bill.

49. (1) When a bill of exchange is drawn in a set according one wii only to the custom of merchants and one of the set is duly stamped, the °j£<?

,bJ

set

other or others of the set shall unless issued or in some manner stamped. negotiated apart from such duly stamped bill be exempt from duty. No-3204 s-49-

( 2 ) Upon proof of the loss or destruction of a duly stamped bill forming one of a set, any other bill of the set which has not been issued or in any manner negotiated apart from such lost or destroyed bill may although unstamped be admitted in evidence to prove the contents of such lost or destroyed bill.

(2) Receipts. 50. For the purposes of this Part " receipt" means any note interpretation,

memorandum or writing whatsoever— -Receipt." (a) whereby any money amounting to Two pounds or

upwards or any bill of exchange or promissory note for money amounting to Two pounds or upwards is acknowledged or expressed to have been received or deposited or paid; or

Not to relieve from penalty.

No. 3204 s. 50.

978 1958. Stamps. No. 6375

Denoting duty by adhesive stamp. No. 5204 s. 51.

(b) whereby any debt or demand or any part of a debt or demand of the amount of Two pounds or upwards is acknowledged to have been settled satisfied or discharged; or

(c) which signifies or imports any such acknowledgment—• whether the same is or is not signed with the name of any person, and includes any cash sale docket—that is to say an instrument, issued tendered or forwarded to a purchaser of goods amounting to Two pounds or upwards in value by the proprietor of or any salesman or other officer or employe in any wholesale or retail establishment immediately on the occasion of the purchase, which denotes the amount then paid therefor but does not acknowledge the receipt of such amount.

51. If the duty upon a receipt is not denoted by an impressed stamp, such duty may be denoted by an adhesive stamp which shall be cancelled by the person by whom the receipt is given before he delivers it out of his hands.

As to stamping receipts given without stamp. No. 5204 s. 52.

52. A receipt given without being stamped may be stamped with an impressed stamp—

(a) within one month after it has been given—on payment of the duty and a penalty of Two pounds;

(b) after one month but within two months after it has been given—on payment of the duty and a penalty of Five pounds;

(c) after two months after it has been given—on payment of the duty and a penalty of Ten pounds, and such penalty shall in no case be mitigated or remitted pursuant to this Act to a less amount than Ten shillings—

but this section shall not apply to receipts implied or expressed in instruments to be registered in the office of the Registrar-General or the Office of Titles or to receipts which have been executed at any place out of Victoria, which instruments or receipts (as the case may be) may be stamped after execution as provided in section twenty-eight of this Act.

Penally lor offences. No. 5204 s. 53.

53. (1) Every person who— (a) gives any receipt liable to duty and not duly stamped;

or (b) in any case where a receipt would be liable to duty

refuses to give a receipt duly stamped; or (c) upon a payment of the amount of Two pounds or

upwards gives a receipt for a sum not amounting to Two pounds or separates or divides the amount paid with intent to evade the duty—

shall be liable to a penalty of not more than Five pounds.

1958. Stamps. No. 6375 979

(2) An information for any offence under this section may be laid at any time within three years from and after the date on which the offence was committed.

(3) Bills of Lading. 54. For the purposes of this Part " bill of lading

every instrument given in lieu of a bill of lading. includes

55. (1) A bill of lading shall not be stamped after the execution thereof.

(2) Every person who makes executes or transfers any bill ol lading not being duly stamped shall be liable to a penalty of not more than Fifty pounds.

Interpretation. " Bill of lading." No. 5204 s. 54.

Bills of lading not to be stamped after execution. No.'5204 s. 55.

Penalty.

(4) Transfer of Marketable Securities; Direction as to certain Shares.

56. (1) Every transfer of any marketable security or right in stamping of respect of shares which is liable to duty under this Act shall be m|?ke«?b?ef

stamped by the transferee within one month after the same has securities &c. been executed by the transferee, or, in case it was executed by the N°: <si041: if! transferee out of Victoria, after the same has been first received in Victoria after such execution except that, in any case where within the said period of one month the opinion of the Comptroller of Stamps is required with respect to the amount of duty with which the transfer is chargeable, the transfer shall be stamped by the transferee within fourteen days after notice of the assessment.

(2) If any transfer of a marketable security or right in respect penalty, of shares which is liable to duty under this Act is not duly stamped within the appropriate period prescribed by this section, the transferee shall be guilty of an offence and for every such offence shall be liable to a penalty of not more than Fifty pounds.

57. (1) The duty on a transfer on sale of any marketable Transfer, how security or right in respect of shares, if made upon a consideration ^"saw s. 57 in money or money's worth of not less than the unencumbered value thereof, may be denoted by an adhesive stamp.

(2) The duty on any other transfer of a marketable security or right in respect of snares shall be denoted by an impressed stamp.

(3) Every adhesive stamp on a transfer on sale aforesaid cancelling shall be cancelled by the transferee. ?tdamp ive

58. (1) No transfer of any marketable security or right in J /&™ °f

respect of shares (other than a transfer in respect of shares on Hawestoduty a branch register situate outside Victoria) shall if such transfer registered &c:

is liable to duty under this Act be registered recorded or entered stam?edU&c. No. 5204 s. 58.

980 1958. Stamps. No. 6375

Instrument ot transfer to be retained br company.

Penalty.,

Saving of title of transferee or subsequent holder after registration of unstamped transfer &c

Statements by sharebrokers &c. of sales of marketable securities &c purchased without executed transfer. No. 5204 8. 59; No. 6104 a. 14.

in the books of the corporation company or society in Victoria unless—

(a) a proper instrument of transfer has been delivered to the corporation company or society wherein, in the case of a transfer by way of sale, the consideration therefor is expressed in terms of money and the actual date of sale and the date or dates of execution by the transferor and the tranferee are set out; and

(b) such instrument is duly stamped. (2) After a transfer of any marketable security or of any

right in respect of shares has been registered recorded or entered in the books of the corporation company or society in Victoria the instrument of transfer shall be retained in Victoria by the corporation company or society for a period of not less than three years.

(3) If any corporation company or society contravenes or fails to observe any of the provisions of this section that corporation company or society shall be guilty of an offence and for every such offence be liable to a penalty of not more than Fifty pounds.

(4) The right or title of any transferee or subsequent holder of any marketable security or right in respect of shares shall not be invalidated by reason only that the transfer of such security or right was registered recorded or entered in contravention of the provisions of this section in the books of any corporation company or society.

59. (1) Every sharebroker or stockbroker and every person (including any trustee company) who sells any marketable securities or rights in respect of shares otherwise than through the agency of a sharebroker or stockbroker shall—

(a) furnish to the Comptroller of Stamps before the fifteenth day of each month a statement in duplicate in the prescribed form verified by statutory declaration setting out the prescribed particulars of all sales effected or made by him (whether on his own behalf or as agent for another) during the last preceding month of any marketable securities or rights in respect of shares upon the previous purchase of which by him or by his agency (as the case may be) no instrument of transfer was executed or, in the case of any person (including any trustee company) who sells such securities or rights as trustee for any person to himself as trustee for another person, upon the purchase of which then made on behalf of such other person no instrument of transfer is executed; and

1958. Stamps. No. 6375 981

(b) pay in cash to the Comptroller of Stamps as stamp Duty on duty on such statement a sum equal to the total statemem-amount of stamp duty which if an instrument of transfer had been executed upon each of such purchases would have been payable on all such instruments: Provided that no such stamp duty shall be payable in respect of the purchase by a sharebroker or stockbroker on his own behalf of any marketable securities or rights in respect of shares which such sharebroker or stockbroker sells within five clear days (not including any day upon which the stock exchange of which he is a member is closed) after such purchase.

(2) It shall not be necessary for the Comptroller of Stamps Statement to

to give a receipt for such payment which shall be certified or ^luitamped

denoted on the original statement by an impressed stamp. stampf**1

(3) The statement so stamped shall be— Retention of stamped

(a) returned to the sharebroker or stockbroker or other statement. person making the statement; and

(b) retained by him for a period of at least three years. (4) Any sharebroker or stockbroker or other person who Recoups &c.

pays any amount to the Comptroller of Stamps under this section may—

(a) retain the same out of any moneys in his hands belonging to the purchaser of the marketable security or right in respect of shares; or

(b) recover such amount from the said purchaser in a court of petty sessions as a civil debt recoverable summarily or in any court of competent jurisdiction.

(5) Any sharebroker or stockbroker or other person who Penalty, fails to comply with any of the provisions of this section shall be guilty of an offence and for every such offence shall be liable to a penalty of not more than Fifty pounds.

60. (1) Where— issue or . . allotment of

(a) any person; or dSrec1by

(ft) the nominees of any person; or NO.5204S.«>. (c) any person or his nominees; or (d) any person and his nominees—

(and any such person is hereinafter referred to as " the nominator ") is or are entitled to have issued or allotted to him or to them or to him or them or to him and them any shares in any company within the meaning of the Companies Act 1938, if such company issues or allots any of such shares to any such nominee or to any other person (other than the nominator or

982 1958. Stamps. No. 6375

Direction, how stamped.

his trustee or legal personal representative) except upon a duly stamped direction in writing given to the company by the nominator, the company shall be guilty of an offence and for every such offence shall be liable to a penalty of not more than One hundred pounds:

Provided that nothing in this sub-section shall apply in the case of—

(i) any sale of any shares or right in respect of shares in regard to which an instrument of transfer has been executed and is required to be and is duly stamped pursuant to this Act; or

(ii) a direction given by the underwriter in any contract for underwriting shares upon the first issue thereof by any such company.

(2) The duty on a direction aforesaid shall be denoted by an impressed stamp.

Cancellation of adhesive stamp. No. 5204, s. 61.

(5) Warehouseman's Certificate.

61. If the duty upon any certificate receipt or acknowledgment issued by or on behalf of the proprietor or occupier of any warehouse or store for any goods stored therein is denoted by an adhesive stamp, such stamp shall be cancelled by the person by whom the instrument is made executed or issued.

Penalty for use of unstamped or untrue warrant order &c. No. 5204 s. 62.

Receipt valid in hands of innocent holder.

62. (1) Every person who— (a) makes signs executes or transfers any certificate

receipt or acknowledgment issued by or on behalf of the proprietor or occupier of any warehouse or store for any goods stored therein not being duly stamped; or

(b) knowingly either himself or by his servant or any other person delivers or procures or authorizes the delivery of any goods mentioned in any certificate receipt or acknowledgment issued by or on behalf of the proprietor or occupier of any warehouse or store for any goods stored therein which is not duly stamped or which contains to his knowledge any false statement with reference either to the nature of the transaction or the value of the goods therein mentioned—

shall be liable to a penalty of not more than Twenty pounds. (2) A certificate receipt or acknowledgment as aforesaid shall

not by reason of the same being unstamped be deemed invalid in the hands of the person having the custody of or delivering out the goods therein mentioned unless such person is proved to have been party or privy to some fraud on the revenue in relation thereto.

1958. Stamps. No. 6375 983

No. 5204 8. 64.

(6) Conveyance or Transfer on Sale of any Real Property or any Estate or Interest therein; Land Transfer; Exchange.(a)

63. (1) For the purposes of this Part " conveyance or interpretation, transfer on sale of any real property " includes every instrument *or

ct?a

,™f3£n

(£| and every decree or order of any court or of the Registrar saieof

any rc&l

of Titles whereby any real property or any estate or interest in property "&c. any real property upon the sale of such property estate or interest NoiiiMsiie! is transferred to or vested in the purchaser or any other person on his behalf or by his direction.

(2) In this subdivision "conveyance" includes "transfer" and " convey " includes " transfer " and " conveyance on sale " means " conveyance or transfer on sale of any real property " and " real property" means " real property or any estate or interest therein ".

64. (1) Any lease for which any consideration other than the A lease with

rent reserved is paid or agreed to be paid, and in which any fSwreTafSfer covenant or agreement for the future transfer or sale of the d med'a1* fee-simple on the occurrence of any contingency whatsoever is g ^ r o n expressed or implied, shall be and be deemed to be a conveyance sale. on sale, and shall on such transfer or sale be exempt from any further duty.

(2) Every instrument by which the right or interest of any Assignment n / > ^ o » n of interest

p e r s o n under will

(a) under the will or codicil of any deceased person estateta

disposing of any real property; or comprising (6) in or under the estate of any deceased person aee1merdperty

comprising any real property— on"va1eance

is transferred or assigned (otherwise than by way of security) for adequate valuable consideration shall, notwithstanding that such will codicil or estate has not been fully administered, be deemed to be a conveyance on sale and shall be 'chargeable with stamp duty accordingly upon such part of the amount or value of the consideration for such transfer or assignment as in the opinion of the Comptroller of Stamps is attributable to such real property.

(3) Every instrument by which the right title or interest of any Transfer of lessee in any Crown leasehold is transferred or assigned for £r

as5ioid adequate valuable consideration shall be deemed to be a conânce conveyance on sale and shall be chargeable with stamp duty °^r

0frfeeion

accordingly upon the freehold value of the land comprised in such propeuy. Crown leasehold.

For the purposes of this sub-section " Crown leasehold" Interpretation

means any lease under the Closer Settlement Act 1938 or any JeVseho? corresponding previous enactment or the Land Act 1958 or any other Act or enactment in respect of which a Crown grant in

(a) As to duties on creation or surrender of easements, see section 137 and Third Schedule, Heading XX.

984 1958. Stamps. No. 6375

fee-simple is by law directed or authorized to be made to the lessee upon payment of all sums (whether referred to as rent or otherwise) reserved thereby and upon compliance with the other covenants of the lease.

Duty ou exchanges of teal property. No. 5204 s. 65.

Stamp duty on exchanges of interests under leases or of real property and interests under leases.

How ad valorem duty to be calculated in respect of securities. No. 5204 s. 66; No. 6104 s. 17.

How consideration consisting of periodical payments to be charged. No. 5204 s. 67.

65. (1) Upon the exchange of any real property for any other real property duty as on a conveyance on sale shall be paid on the several instruments of conveyance effecting the exchange, each of such instruments being chargeable with ad valorem duty on the value of the real property conveyed thereby, and in the event of more than one exchange being effected by such instruments ad valorem duty as on a conveyance on sale shall be paid in respect of each exchange effected thereby on the value of the real property affected.

(2) Upon the exchange of any real property for the interest of a lessee under a lease of lands or tenements, or upon the exchange of the interest of a lessee under a lease of lands or tenements for the interest of any other lessee under a lease of any other lands or tenements, duty as on an exchange of any real property for any other real property shall be paid on the instrument or on each of the instruments of conveyance or assignment (as the case may be) effecting the exchange, such instrument or each of such instruments being chargeable with ad valorem duty on the value of the real property or the lessee's interest conveyed or assigned thereby, and in the event of more than one exchange being effected by any such instrument or instruments ad valorem duty as aforesaid shall be paid in respect of each exchange effected thereby on the value of the real property or lessee's interest affected.

66. (1) Where the consideration or any part of the consideration for a conveyance on sale consists of any marketable security, such conveyance shall be charged with ad valorem duty in respect of the unencumbered value of such security.

(2) Where the consideration or any part of the consideration for a conveyance on sale consists of any security not being a marketable security, such conveyance shall be charged with ad valorem duty in respect of the amount due on the day of the date thereof for principal and interest upon such security.

67o (1) Where the consideration or any part of the consideration for a conveyance on sale consists of money payable periodically for a definite period so that the total amount to be paid can be previously ascertained, such conveyance shall be charged in respect of such consideration with ad valorem duty on such total amount.

(2) Where the consideration or any part of the consideration for a conveyance on sale consists of money payable periodically in perpetuity or for any indefinite period not terminable with life, such conveyance shall be charged in respect of such

1958. Stamps. No. 6375 985

consideration with ad valorem duty on the total amount which will or may according to the terms of sale be payable during the period of twenty years next after the day of the date of such instrument.

(3) Where the consideration or any part of the consideration for a conveyance on sale consists of money payable periodically during any life or lives, such conveyance shall be charged in respect of such consideration with ad valorem duty on the amount which will or may according to the terms of sale be payable during the period of twelve years next after the day of the date of such instrument.

(4) No conveyance on sale chargeable with ad valorem duty Provision or in respect of any periodical payments which contains provision io?secur?ng for securing such periodical payments shall be charged with any pUjS^not duty whatsoever in respect of such provision, and no separate $t^dcutyrBed

instrument made in any such case for securing such periodical payments shall be charged with any duty.

68. (1) Where any real property is conveyed to any person How subject either certainly or contingently to the payment or transfer subject to of any money or marketable security whether being or constituting pay^Lt &c. a charge or incumbrance upon the property or not, such money «° ** a " 1 -or marketable security shall be deemed the whole or part (as the °" case may be) of the consideration in respect whereof the conveyance is chargeable with ad valorem duty.

( 2 ) Where any real property is conveyed to any person in Property . consideration either wholly or in part of any debt due to such satisfaction person, such debt shall be deemed the whole or part (as the case ââbie may be) of the consideration for the property conveyed, and êyance$a

such conveyance shall be chargeable with the same ad valorem on sale, duty as a conveyance on sale for the same consideration.

69. The cancellation of any contract for the sale of real Reconveyance property which has been conveyed to the purchaser and the not exempt reconveyance of such property to the vendor under such contract ^""woTs 69 shall not operate to exempt such reconveyance from payment of stamp duty as on a conveyance on sale.

70. (1 ) Where any real property contracted to be sold for Property sow one consideration for the whole is conveyed to the purchaser i n consideration

separate parts or parcels by different instruments, the consideration mZ%Zx by

- - - . . . . . . . . . „ instruments. No. 5204 3. 70.

shall be apportioned in such manner as the parties think fit, so instruments-that a distinct consideration for each separate part or parcel is set forth in the conveyance relating thereto, and such conveyance shall be charged with ad valorem duty in respect of such distinct consideration.

(2 ) Where real property contracted to be purchased for one Pr°r*rty, consideration for the whole by two or more persons jointly or by Fo/oneS

any person for himself and others or wholly for others is conveyed conveyed to in parts or parcels by separate instruments to the persons by or {b n

coI?!ersoI,s

986 1958. Stamps. No. 6375

Every sale of property to be chargeable with ad valorem duty.

Where part only of property is included in conveyance.

Consideration to be truly stated.

Incidence of duty.

Penalties.

for whom the same was purchased for distinct parts of the consideration, the conveyance of each separate part or parcel shall be charged with ad valorem duty in respect of the distinct part of the consideration therein specified.

(3) Every sale of real property shall be chargeable with ad valorem duty upon the consideration therefor, and such duty shall be paid on the conveyance which seeks to give effect whether directly or indirectly to every such sale.

(4) Where part only of the real property the subject-matter of a sale is included in a conveyance the consideration in respect of the whole of the real property the subject-matter of such sale shall be apportioned and ad valorem duty shall be payable accordingly. The duty payable shall be ascertained by determining the ratio which the value of the real property affected by the conveyance bears to the value of the whole real property affected by the sale and such value shall be stated in the said conveyance.

(5) Every party to a conveyance and every person employed or concerned in or about the preparation of any conveyance shall fully and truly set forth in precise terms in such conveyance—

(a) the consideration moving from the original purchaser; and

(b) the consideration moving from any sub-purchaser or sub-purchasers who are or who at any time have been interested in the real property the subject-matter of the said conveyance or any part or parts thereof.

(6) The duty payable on a sale of real property shall be borne by the purchaser at such sale, and any contract or agreement whereby he seeks to relieve himself from liability therefor shall be ineffective to relieve him from such liability or to impose upon any other person any liability therefor or any obligation to recoup such purchaser or to indemnify him or keep him indemnified against the payment thereof or any part thereof.

(7) Every person who with intent to defraud Her Majesty— (a) executes any conveyance in which all the requisite

facts and circumstances are not fully and truly set forth; or

(b) being employed or concerned in or about the preparation of any such conveyance neglects or omits fully and truly to set forth therein all the said facts and circumstances—

shall be liable to a penalty of Ten pounds.

As to the sale of annuity or right not before in existence. No. 5204 s. 71.

71. Where upon the sale of any annuity or other right not before in existence such annuity or other right is not created by actual grant or conveyance but is only secured by bond warrant of attorney covenant contract or otherwise, the bond or other instrument or some one of such instruments if there are more than

1958. Stamps. No. 6375 987

one shall be charged with the same duty as an actual grant or conveyance, and shall for all the purposes of this Part be deemed an instrument of conveyance on sale.

72. Where there are several instruments of conveyance for completing the purchaser's title to the real property sold the principal instrument of conveyance only shall be charged with ad valorem duty, and the other instruments shall be respectively charged with such other duty as they are liable to, but such last-mentioned duty shall not exceed the ad valorem duty payable in respect of the principal instrument, and the parties, with the approval of the Comptroller of Stamps, may determine for themselves which of such several instruments shall be deemed the principal instrument and may pay the ad valorem duty thereon accordingly.

73. Every mortgage lease or instrument executed in order either directly or indirectly to avoid or evade the payment of any stamp duty chargeable on a conveyance on sale or part of any such duty shall be and the same is hereby declared to be absolutely void and of no effect except after transfer of the same to third parties, and then only when such mortgage lease or instrument has been duly stamped as a conveyance on sale under section twenty-eight of this Act.

74. The duty upon any conveyance on sale shall be paid in money to the Comptroller of Stamps and denoted by an impressed stamp.

(7) Partition or Division of Real Property or any Estate or Interest therein.

75. (1) Where upon the partition or division of any real property or any estate or interest therein any consideration is paid or given or agreed to be paid or given for equality, the principal or only instrument whereby the partition or division is effected shall be charged with the same ad valorem duty as a conveyance or transfer on sale of any real property for such consideration and with that duty only.

(2) Where in any such case there are several instruments for completing the title of either party, the principal instrument shall be ascertained and the other instruments shall be charged with duty in the manner provided in the last preceding subdivision in the case of several instruments of conveyance.

(8) Lease or Agreement for a Lease. 76. For the purposes of this Part—

" Lease " includes any agreement for a lease but does not include any clause in any deed or instrument of mortgage providing for attornment by a mortgagor and does not include any clause in any contract of sale providing for attornment by the purchaser under such contract of sale.

Where several instruments the principal instrument only to oe charged with ad valorem duty. No. 5204 s. 72.

Mortgages leases &c. executed In order to evade duty absolutely void. No. 5204 s. 73.

Duty on conveyance on Sale to be denoted by impressed stamp.

No. 5204 s. 74.

As to partition &c. No. 5204 s. 75.

Interpretation. No. 5204 s. 76. " Lease."

988 1958. Stamps. No. 6375

' Tenements.' " Tenements " includes any office room or apartment in any tenement.

Agreement to be charged as if a lease. No. 5204 s. 77.

Lease subsequent to agreement not to be charged.

Lease for definite term.

Leases how to be charged In respect of produce &c. No. 5204 s. 78.

Duty chargeable where instrument of lease &c. of land relates also to other matters. No. 5204 s. 79; No. 6104 s. 20.

77. (1) An agreement for a lease of any lands or tenements for any definite or any indefinite term shall be charged with the same duty as if it was an actual lease made for the term and consideration mentioned in the agreement.

(2) A lease made subsequently to and in conformity with and for the purpose of carrying into effect such an agreement duly stamped shall not be charged with duty.

(3) Where by reason of any provision in a lease tenancy (whether expressed as a weekly monthly quarterly half-yearly or yearly tenancy or otherwise) is subject to the provisions of the lease to continue for some specified period of twelve months or more or until some specified time twelve months or more later than the commencement of the lease that lease shall for the purposes of this Act be deemed to be a lease for a definite term ending at the termination of that period or at that time.

78. (1) Where the consideration or any part of the consideration for which a lease is granted or agreed to be granted consists of any produce or other goods, the value of the produce or goods shall be deemed a consideration in respect of which the lease is chargeable with ad valorem duty.

(2) Where it is stipulated that the value of the produce or goods shall amount at least to or is not to exceed a given sum or where the lessee is specially charged with or has the option of paying after any permanent rate of conversion, the value of the produce or goods shall, for the purpose of assessing the ad valorem duty, be estimated at the given sum or according to the permanent rate.

(3) A lease made either wholly or partially for any such consideration, if it contains a statement of the value thereof and is stamped in accordance with the statement, shall, so far as regards the subject-matter of the statement, be deemed duly stamped until it is otherwise shown that the statement is incorrect and that the lease is in fact not duly stamped.

79. Where any instrument by which a lease of any lands or tenements is granted or agreed to be granted relates in part to the grant or agreement to grant such lease and in part to the grant or agreement to grant other rights or interests, stamp duty shall be chargeable upon such part of the amount or value of the consideration as, having regard to the nature and term of the lease and the nature of such other rights or interests, is properly attributable to the grant or agreement to grant such lease; and the Comptroller of Stamps may assess the duty with which the instrument is in his opinion chargeable, and the

1958. Stamps. No. 6375 989

provisions of this Act shall apply in respect of any such assessment in all respects as if it were an assessment made under section thirty-two of this Act pursuant to a requirement for an expression of opinion under that section.

80. Where stamp duty has been paid upon any lease or agreement for a lease for any definite term of not less than two years and the lease so granted or agreed to be granted is surrendered forfeited or otherwise determined before the expiration of the full term in respect of which duty was paid, the Comptroller of Stamps shall, upon application to him within three months after such surrender forfeiture or other determination and upon the lease or agreement for a lease upon which stamp duty was paid being given up to him, refund to the lessee or (where the lease has been transferred or assigned) to the transferee or assignee an amount in money equivalent to the difference between the stamp duty actually paid and the stamp duty which would have been payable if the lease so granted or agreed to be granted had been expressed to expire at the date of such surrender forfeiture or other determination.

81 . (1) A lease shall not be charged with any duty in Directions a» respect of any penal rent or increased rate in the nature of a cert n rases. penal rent thereby reserved or agreed to be reserved or made No.52ft4s.8i; payable or by reason of being made in consideration of the M" *"" ° '" surrender or abandonment of any existing lease of or relating to the same subject-matter.

(2) A lease made for any consideration in respect whereof it is chargeable with ad valorem duty and in further consideration either of a covenant by the lessee to make or of his having previously made any substantial improvement of or addition to the property demised to him or of any covenant relating to the matter of the lease shall not be charged with any duty in respect of such further consideration.

(3) An instrument whereby the rent reserved by any lease (whether in writing or not) is increased shall subject to this Act be chargeable with duty as a lease but in consideration only of the additional rent thereby made payable.

(4) Where several instruments are executed for the purpose of effecting a lease of the same property one only of such instruments shall be charged with the ad valorem duty.

82. The stamp duty upon any lease or agreement for a lease of any lands or tenements shall be payable by the lessee or the person to whom such lease is agreed to be granted (as the case may be), and the stamp duty upon any transfer or assignment of any such lease shall be payable by the transferee or assignee (as the case may be) .

Refund of part of duty on early determination of certain leases. No. 5204 *. 80.

Lessee, transferee and assignee Ix. liable to payment of duty. No. 5204 s. 82.

http://No.52ft4s.8i

990 1958. Stamps. No. 6375

Additional duty where rental under lease re-appraised. No. 6104 s. 22.

Interpretation. No. 5204 3. 83: No. 6104 s. 24. " Addition."

83. (1) Where, pursuant to sub-paragraph (b) of paragraph (2) under the heading "VIII. LEASE or agreement for a.lease of any lands or tenements for any definite or indefinite term " in the Third Schedule, duty is payable on the total consideration for the full term of a lease and the rent reserved by such lease is subject to re-appraisement in any way whatsoever during the term of the lease so that the total consideration is not immediately ascertainable, duty shall in the first instance be payable upon the total consideration appropriate to the full term of the lease calculated upon the basis of the continuation of payment of the highest rent payable thereunder at any time before the date when the first re-appraisement becomes effective.

(2) Whenever the rent is re-appraised or a re-appraised rent is further re-appraised and thereby the rent is increased, the lessee or (as the case requires) the assignee for the time being of the lease shall within one month of such increase becoming effective produce to the Comptroller of Stamps a duly stamped part of the lease together with a statutory declaration setting out the amount and particulars of the increase and shall pay to the Comptroller additional duty as upon a lease pursuant to the said sub-paragraph (b) of paragraph (2) under the said heading in respect of the additional consideration thereby payable for the full remaining term of the lease notwithstanding that such additional consideration does not exceed the rate of Sixty-five pounds per annum.

(3) In any case where the rent reserved by the lease does not exceed the rate of Sixty-five pounds per annum but is as a result of any re-appraisement increased above the rate of Sixty-five pounds per annum the foregoing provisions of this section shall apply with this modification, namely, that on the taking effect of the re-appraisement which so increases the rent the duty payable shall be calculated on the basis of the total consideration payable for the full remaining term of the lease.

(4) Every person who contravenes or fails to comply with the provisions of this section shall be liable to a penalty of not more than One hundred pounds.

(9) Settlement or Gift, Deed of. 84. In this subdivision unless inconsistent with the context or

subject-matter— " Addition " includes—

(a) any property that— (i) by gift conveyance transfer or

declaration of trust by the settlor or donor; or

(ii) by declaration of trust by the trustee for the time being of the original instrument or any further instrument; or

Stamps. No. 6375

(iii) by entry in any book or account or paper of the settlor or donor or trustee—:

executed or made after the original instrument or further instrument is first executed is added to or becomes subject to the original instrument or further instrument; and

(b) any accretion— (i) to the property comprised in the

original instrument or any further instrument or added to or becoming subject to the original instrument or any further instrument by entry as aforesaid; or

(ii) to the value of such property; or (iii) to the interest therein of the

beneficiaries under the original instrument—

that arises from any payment of purchase money or from any payment made in partial or complete discharge of any mortgage debt or certain charge to which the property was subject when the original instrument was executed or from any other act by the settlor or donor or trustee executed or done after the original instrument or further instrument is first executed—

but does not include any accretion to the property comprised in the original instrument or any further instrument or added to or becoming subject to the original instrument or any further instrument by entry as aforesaid or any accretion to its value or to the interest therein of the beneficiaries under the original instrument that arises—

from the receipt or accumulation of income of any property comprised in the original instrument or further instrument or of any property added to or becoming subject to the orignal instrument or any further instrument by entry as aforesaid, whether such income is treated as capital or not; or

upon realization of any such property; or upon an issue of shares stock or securities by a

company out of its profits reserves or capital.

992 1958. Stamps. No. 6375

" Further instrument.'

" Original instrument.'

' Settlor " ' donor" ' trustee."

" Further instrument " means a deed of settlement or deed of gift executed by the person or persons or one or more of the persons (whether any other persons execute the deed as settlors or donors or not) who executed the original instrument in favour of the same donees or persons who benefited under the original instrument or in favour of any one or more of them (whether or not any persons benefit under the further instrument who did not benefit under the original instrument).

" Original instrument" means any deed of settlement or deed of gift.

" Settlor " " donor " and " trustee " include any agent of or trustee or person acting for a settlor donor or trustee (as the case may be) or for any one or more of two or more settlors donors or trustees (as the case may be).

(2) For the purposes of this subdivision where in a deed of gift of real property there is as part of the consideration a pecuniary consideration which is inadequate such deed shall—

(a) to the extent of the inadequacy be an instrument whereby property is given or agreed to be given and subject to this Act be chargeable with duty accordingly; and

(b) to the extent of the said pecuniary consideration be chargeable with duty as a conveyance or transfer on sale of real property.

Duty on deed of gift or settlement, how denoted and by whom payable. No. 5204 s. 84; No. 6104 s. 4 (1) (6 ) .

Duties to be paid within three months after execution of deed.

Penalty on default

85. (1) The stamp duty upon any deed of settlement or deed of gift shall be paid in money to the Comptroller of Stamps and denoted by an impressed stamp and shall be payable—

(a) in the case of a deed of settlement, by the settlor; and (b) in the case of a deed of gift, by the donee or donees.

(2) The stamp duty upon any deed of settlement or deed of gift shall be paid within three months after the execution of the deed by the settlor or donor, and shall be in addition to the duty (if any) payable under any Act imposing duties upon the estates of deceased persons.

(3) If any deed of settlement or gift is presented for assessment more than three months but not more than four months after the execution thereof there shall be payable thereon a penalty (in addition to the duty) at the rate of Ten pounds per centum on the amount of the duty payable under this Act.

(4) If any such deed is so presented more than four months after such execution there shall be payable thereon a penalty (in addition to the duty) at the rate of Fifty pounds per centum on the amount of duty so payable.

1958. Stamps. No. 6375 993

(5) In no case shall the last-mentioned penalty be less than Five pounds in addition to any other penalty.

(6) Where a penalty is payable on any deed pursuant to this section there shall also by way of further penalty on such deed be payable thereon interest on the unpaid duty at the rate of Eight pounds per centum per annum from the day upon which the deed was first executed up to the time when such interest is equal in amount to the unpaid duty.

(7) The payment of any penalty or penalties is to be denoted by a particular stamp.

86. Where any money which may become due or payable AS to settlement or

upon any security (not being a marketable secunty) is settled or gift of given or agreed to be settled or given, the instrument whereby Noôi s. 85; such settlement or gift is made or agreed to be made shall be Noieiwia: charged with ad valorem duty in respect of such money, and in the case of a marketable security shall be charged with the ad valorem duty on the unencumbered value of such security.

87. (1) Where several instruments are executed for effecting Where several

the settlement or gift of the same property, one only of such ôSyto'be instruments shall be charged with the ad valorem duty. S"ltor«^th

(2) Where a settlement or gift is made in pursuance of any No. 52043.86. previous agreement or articles upon which the duty payable on a deed of settlement or gift has been paid in respect of the same property, such settlement or gift shall not be charged with any ad valorem duty.

88. (1) Where any addition is made to the property comprised in the original instrument or any further instrument and stamp duty has not previously been paid on the amount or value of that addition, a statutory declaration of the amount or value of the addition in the prescribed form shall be made by the trustee or some person acquiring an estate or interest therein or (in case of a corporation) by some person on behalf of the corporation, and that declaration shall for the purpose of stamp duty be deemed to be a further instrument executed on the day on which the addition is added to or becomes subject to the original instrument or further instrument.

(2) For the purposes of this Part, in any case where— (a) the settlor or donor who executed any original

instrument executes subsequently one or more further instruments; or

(b) any addition is made to the original instrument or any further instrument and stamp. duty has not previously been paid on the amount or value of that addition; or

Deed of settlement of gift providing For future amounts, how to be charged. No. 5204 9. 87.

Stamp duty where settled &c. by two or more instruments to

VOL. vn.—32

994 1958. Stamps. No. 6375

(c) both a further instrument is executed and an addition is made—

then the amount or value of the property comprised in each such further instrument and the amount or value of each such addition executed or made within twelve months immediately prior to the date of the instrument last executed or the date of the addition last made (whichever is the later date) shall, together with the amount or value of the property comprised in such original instrument (if executed within twelve months immediately prior to the date of the instrument last executed or the date of the addition last made, whichever is the later) and together with the amount or value of the property comprised in the instrument last executed or addition last made (whichever is the later), be regarded for the purpose of stamp duty as property comprised within one instrument; and the further instrument last executed or the statutory declaration with respect to the addition last made (whichever is the later) shall be chargeable with stamp duty calculated on the aggregate sum of the values of the property so deemed to be comprised in one instrument; but from the stamp duty so calculated there shall be deducted all payments of stamp duty previously made in respect of any such property and the balance only shall be payable as stamp duty in respect of the further instrument last executed or addition last made (whichever is the later).

89. Where any person is specially named or described as the object of a power of appointment in a settlement or gift on which ad valorem duty has been paid or in a will in respect of property on which duty under any Act imposing duties on the estates of deceased persons has been paid, an instrument of appointment in favour of such person in respect of such property shall not be liable to duty.

90. (1) When the property comprised in any deed ol settlement or gift is subject to any mortgage debt or certain charge annual or otherwise created prior to the execution of the deed of settlement or gift, such deed shall be liable to the duty payable on the amount or value of such property after a deduction has been made of the amount of such mortgage debt or charge.

(2) Where such charge consists of money payable periodically for a definite period or periodically in perpetuity or for an indefinite period or periodically during any life or lives, the amount of such charge in respect of which such deduction is made shall be calculated in the same manner as provided by section sixty-seven of this Act in the case of the consideration on conveyances on sale payable periodically.

Instruments in favour of objects of power of appointment in certain cases not liable to duty. No. 5204 s. 88.

Mortgage debt or charge to be deducted when assessing duty on value of property. No. 5204 s. 89; No. 6104 s. 26.

1958. Stamps. No. 6375 995

(3) Where any such mortgage debt or charge as aforesaid Deduction where is secured upon any property comprised in the deed of settlement mortgage or

or gift together with other property not comprised in such deed, secured in the deduction to be made as aforesaid shall be of such part of the p pert" amount of such mortgage debt or charge as bears to the whole |£3frised,n

amount thereof the same proportion as the amount or value of any such property comprised in die deed bears to the amount or value of the whole property upon which such mortgage debt or charge is secured.

(4) Where the value of such mortgage debt or charge is not less than the value of the property comprised in the instrument, being a deed of gift of real property or any estate or interest therein or of marketable securities or rights in respect of shares, the instrument shall for the purposes of this Act be deemed to be a conveyance or transfer on sale of such real property or estate or interest therein or (as the case requires) a transfer on sale for a consideration in money or money's worth of not less than the unencumbered value of such marketable securities or rights in respect of shares for a consideration equal to the value of such mortgage debt or charge.

91. (1) (a) For the purpose of assessing the duty payable on Assessment any deed of setdement or gift the following provisions of this Comptroller sub-section shall apply. g j £ £ ; m.

(b) The trustee or some person acquiring an estate or interest No-6104s-27. in property diereunder or any addition thereto, or in the case of a corporation some person on behalf of the corporation, shall produce to the Comptroller of Stamps such deed together with—

(a) in the case of an addition, the statutory declaration made pursuant to section eighty-eight of this Act;

(b) in any other case, a statutory declaration setting out— (i) particulars of the items of property (other

than money expressed in the deed in terms of Australian currency) comprised in the deed; and

(ii) the estimated value of each such item of property otiier than real property or any estate or interest dierein the net annual value of which property as shown in the valuation of the relevant municipality exceeds Twenty-five pounds.

(c) Money shall be assessed by the Comptroller of Stamps at its face value converted, wherever necessary, to Australian currency at die ruling rate of exchange.

(d) The value of real property or any estate or interest dierein the net annual value of which property as shown in the valuation of the relevant municipality exceeds Twenty-five pounds

996 1958. Stamps. No. 6375

shall be determined pursuant to the provisions of section seventy-five of the Land Tax Act 1958 subject to appeal under the said Act.

(e) The value of property other than property referred to in paragraphs (c) and (d) of this sub-section shall be assessed by the Comptroller of Stamps—

(i) by accepting the estimated value set out in the statutory declaration referred to in paragraph (b) of this sub-section; or

(ii) at some other value agreed between the Comptroller of Stamps and such trustee person or corporation; or

(iii) if the Comptroller of Stamps thinks fit, at a value determined by some person nominated by the Comptroller of Stamps, and the Comptroller may require such trustee person or corporation to pay for a valuation to be made by the person so nominated.

(/) The value of any property as assessed under this sub-section shall be the value thereof for the purposes of this subdivision.

Power to (2) The Comptroller of Stamps may summon any person examine whatever to give evidence or testimony respecting any matter or witnesses. thing respecting which the Comptroller of Stamps desires

information in order to enable him so to assess the duty payable.

(3) Such person may be required by such summons to bring before the Comptroller of Stamps any books papers deeds documents or writings in his possession or control material to the subject-matter of inquiry.

(4) The person so summoned shall attend and produce such books papers deeds documents or writings before the Comptroller of Stamps.

(5) The Comptroller of Stamps may examine on oath every person so summoned.

Penalty for refusing to defend Ac.

(6) Every person who being duly summoned refuses or neglects to appear before the Comptroller of Stamps at the time and place appointed for the purpose or appears but refuses to be sworn or to answer any lawful question and every person having the custody control or possession of any such books papers deeds documents or writings who upon being summoned as aforesaid fails or neglects to produce the same at the time and place named in such summons shall be liable to a penalty of not more than Twenty pounds to be recovered by the Comptroller of Stamps.

1958. Stamps. No. 6375 -997

(10) Power of Attorney.

92. For the purposes of this Part " Power of attorney " means interpretation, any letter of attorney or power of attorney or other instrument in j ' t t^| rR f

the nature thereof, but does not include— NO.5204S.9I.

(a) a power of attorney which is by or under this Act otherwise chargeable with stamp duty (not being stamp duty chargeable under the heading " IT. RECEIPT " in the Third Schedule); or Third

' Schedule (6 ) a power of attorney which is included in an instrument ea ng '

containing or relating to any other distinct matter where such instrument is by or under this Act otherwise chargeable with stamp duty (not being stamp duty chargeable under the heading aforesaid).

93. (1) Every power of attorney chargeable with stamp duty When power

pursuant to this Part shall— &«n£d.t0

(a) if made or executed in Victoria, be stamped by the No-5204 3-92-person making or executing the same—before it is acted upon, or before the expiration of a period of one month after it is first made or executed if not acted upon before the expiration of such period of one month; or

(b) if made or executed out of Victoria, be stamped by the party to the power of attorney by whom it is held—before it is acted upon in Victoria, or before the expiration of a period of one month after it is first received in Victoria if not acted upon in Victoria before the expiration of such period of one month:

Provided that, notwithstanding anything in this Act, where a power of attorney chargeable with stamp duty under the heading " X. POWER OF ATTORNEY " in the Third Schedule—

(i) is not otherwise chargeable with stamp duty except under the heading " II. RECEIPT " in the Third Third o i_ A .1 . _ Schedule

Schedule; or heading x. (ii) is included in an instrument containing or relating to

any other distinct matter where such instrument is not otherwise chargeable with stamp duty or is otherwise so chargeable only under the said heading II.—

it shall be sufficient if such power of attorney— if made or executed in Victoria—is before it is acted upon

stamped by the person making or executing the same or by the party to the same by whom it is held; or

998 1958. Stamps. No. 6375

As to stamping more than one month after execution Ac. and as to penalty.

if made or executed out of Victoria—is before it is acted upon in Victoria stamped by the party to the same by whom it is held.

(2) After the expiration of the period of one month mentioned in paragraph (a) or paragraph (b) (as the case may be) of the last preceding sub-section, any unstamped or insufficiently stamped power of attorney referred to in paragraph (a) or paragraph (b) (as the case may be) aforesaid may be stamped on payment of the unpaid duty and a penalty of Five pounds.

Duty on power of attorney, how denoted and by whom payable. No. 5204 s. 93; No. 6104 s. 31.

Stamping of power of attorney already acted upon.

Penalty for acting on instrument &c. made pursuant to unstamped power of attorney.

Stamping of attested copies of powers of attorney executed outside Victoria.

94. (1) The stamp duty upon any power of attorney shall be paid in money to the Comptroller of Stamps and denoted by an impressed stamp and shall be payable by the creator of the power of attorney.

(2) Any power of attorney chargeable with stamp duty which is acted upon in Victoria while the same is unstamped may be stamped after having been so acted upon on payment of the unpaid duty and a penalty of Five pounds, and such penalty shall in no case be mitigated or remitted to a less amount than One pound.

(3) Every person who while any such power of attorney is unstamped acts upon any instrument document or writing made or executed by the donee of such power of attorney in the exercise of such power of attorney shall be liable to a penalty of not more than Five pounds.

(4) Notwithstanding anything in this Act, where a power of attorney is made or executed outside Victoria and the original is not received in Victoria the Comptroller of Stamps may at the request of any interested party stamp a duly certified copy thereof in all respects as if it were a power of attorney to which this Part applies.

(11) Annual Licences in relation to Assurance &c.

interpretation. 95. For the purposes of this Part, unless inconsistent with the NO. 5204 s. 94. context or subject-matter—

" Annual licence" means annual licence under this subdivision.

" Assurance or insurance business " includes—

(a) the granting or issuing of any fire fidelity guarantee or marine insurance or assurance policies;

" Annual licence."

" Assurance or insurance business."

1958. Stamps. No. 6375 999

(Z>) the acceptance either directly or indirectly of any premium renewal premium or consideration for or in respect of the granting or issuing or keeping alive or in force of any fire fidelity guarantee or marine insurance or assurance;

(c) the receiving of any letter or declaration of interest attaching to any fire or marine policy issued at any time in Victoria or elsewhere;

(d) the carrying out by means of insurance or assurance effected out of Victoria of any written verbal or implied contract or undertaking to effect insurance or assurance.

" Firm of persona " includes any association of underwriters " Firm of carrying on marine assurance or insurance business pen,on9-

through a managing underwriter solely. " Policy " includes as well any policy as any instrument " Policy."

in the nature of a policy an open policy an insurance cover or any instrument in any manner covering any insurance or assurance.

96. (1) Every company person or firm of persons whether corporate or unincorporate who or which carries on or desires to carry on in Victoria any fire fidelity guarantee or marine assurance or insurance business whatever, whether the head office or principal place of business of such company person or firm of persons is in Victoria or elsewhere, shall procure from the Comptroller of Stamps every year and take out an annual licence in the form or to the effect of the Fourth Schedule.

(2) The Comptroller of Stamps is hereby authorized to issue such annual licence on the payment to him of the duty specified under heading XI. in the Third Schedule.

(3) Such annual licence shall be issuable on the first day of January in every year: Provided that the first annual licence issued to any company person or firm of persons may be issued at any time during the year but shall continue in force for the remaining part of such year only and the duty payable in such case shall be a proportionate part of the duty chargeable on an annual licence.

97. (1) The duty payable in respect of any annual licence under this subdivision shall be paid in cash to the Comptroller of Stamps and the payment of the duty on such annual licence shall be notified in the Government Gazette.

(2) Such notification shall be sufficient evidence of the company person or firm of persons named therein being duly licensed under this subdivision.

Yearly licence required by companies and persons carrying on insurance business. No. 5204 s. 95.

Fourth Schedule

Third Schedule heading XI. Time of issue and duration of licence.

Duty on licence to be paid in cash and payment of licence to be gazetted.

No. 5204 s. 96.

1000 1958. Stamps. No. 6375

(3) It shall not be necessary for the Comptroller of Stamps to give a receipt for such payment which shall be certified or denoted on the instrument by an impressed stamp, and such instrument may be used in evidence if it is so duly stamped with an impressed stamp or stamps.

Duty payable where no insurance business done prior to licence. No. 5204 s. 97.

98. The amount of duty payable by any company person or firm of persons who or which has not prior to applying for an annual licence transacted any assurance or insurance business shall be Fifty pounds if such annual licence is required for the full period of twelve months, or a proportionate part of Fifty pounds if required for a shorter period.

Premiums on which stamp duty is chargeable. No. 5204 s. 98.

Third Schedule.

99. (1) For the purposes of this subdivision the premiums chargeable with stamp duty shall (subject to the provisions of the next succeeding section relating to the exclusion of portions of gross premiums actually paid away by way of re-insurance) b e

ta) all premiums— (i) received or in any manner charged or

credited in account by, and for assurance or insurance business transacted in Victoria by, any company person or firm and any branches or agencies thereof; or

(ii) received in Victoria by, or in any manner charged or credited in account in Victoria in the books of, any company person or firm or any branches or agencies thereof—

except premiums so received or charged or credited in account for fire insurance risks out of Victoria; and

(6) all premiums received or in any manner charged or credited in account by any company person or firm or any branches or agencies thereof for marine risks one of the termini of which is in Victoria—

and the Third Schedule shall be read and construed accordingly.

(2) In the case where the head office or the head office for Australia or Australasia of a company person or firm is in Victoria a mere notation in the books at such head office of premiums received by or at any branch or agency of the company person or firm shall not of itself, for the purposes of paragraph (a) of sub-section (1) of this section, be deemed to be a charging or crediting in account of premiums in Victoria in the books of the company person or firm.

1958. Stamps. No. 6375 1001

100. (1) In order that the duty payable in respect of any Appjicauon annual licence may be determined, the company person or firm of NO. 52w°s. 99; persons requirng such annual licence shall make a written N°: 6104 »•' &'• application to the Comptroller of Stamps to issue such licence.

(2) In such application shall be stated the nature and exact amount of all the assurance or insurance business transacted by such company person or firm and all the branches and agencies thereof in Victoria and the exact amount of all premiums of any kind whatsoever received or in any manner credited or charged in account by any such company person or firm during the twelve months preceding the year or part thereof for which the annual licence is required and distinguishing the premiums or any part thereof on which duty is chargeable and the premiums or any pai t thereof on which duty is not chargeable.

(3) Such premiums shall be the gross premiums and shall be counted so as to include any commission or discount but to exclude any portion of such gross premiums actually paid by way of re-insurance effected in Victoria with any other such company person or firm.

(4) The truth of the statements contained in any such application shall be verified and declared by an affidavit or statutory declaration made—

(a) as to any company—by the chairman and the secretary actuary or other principal officer thereof or, in the case of a company formed or incorporated outside Victoria, by the person who is the agent thereof for the purposes of the Companies Act 1938;

(b) as to any firm of persons—by any member thereof and the principal accountant of such firm;

(c) as to any person—by such person.

101. (1) The company person or firm of persons requiring an annual licence to transact marine assurance or insurance business shall submit with such application a separate statement of the total amount of all premiums received beyond the limits of Victoria on marine risks one of the termini of which is in Victoria or (if such be the case) a statement that no such premiums were received and if no such statement is so submitted the Comptroller of Stamps shall assess the duty as being due in respect of such premiums at a sum in his discretion of not less than One hundred pounds and not more than One thousand two hundred pounds.

(2) If within three months after such assessment it is shown to the satisfaction of the Comptroller of Stamps that such sum paid to him in respect of such premiums was in excess, the amount, of duty overpaid shall be refunded.

As to premiums for marine insurance received beyond the limits of Victoria on risks one of the termini of which is in Victoria.

No. 5204 s. 100; No. 6104 s. 34

1002 1958. Stamps. No. 6375

Further information to be furnished if required. No. 5204 s. 101.

102. (1) If the information contained in any such application is not in the opinion of the Comptroller of Stamps sufficiently full or explicit to enable him to determine what amount of duty is payable, he may require 'the applicant to furnish such further information as he requires.

(2) The truth of such further information shall be verified and declared in like manner as the statements contained in the original application.

Facts and circumstances to be set forth in application Ac. No. 5204 s. 102.

103. Every person who with intent to defraud Her Majesty— (a) executes any such application or any instrument

furnishing such further information in which all the requisite facts and circumstances are not fully and truly set forth; or

(b) being employed or concerned in or about the preparation of any such application or instrument neglects or omits fully and truly to set forth therein all the said facts and circumstances—

shall be liable to a penalty of Ten pounds.

Duty on open policies. No. 5204 s. 103.

104. If the amount of premium payable or chargeable in account or paid or charged in account in respect of any letters or declarations of interest in or attaching to any fire or marine policy or insurance cover or any open policy is not stated therein, the amount of premium on which duty is payable shall be estimated and determined by the Comptroller of Stamps.

Power to summon and examine witnesses for purpose of determining duty payable on annual licence. No. 5204 s. 104,

Penalty for refusing to attend &c.

105. (1) The Comptroller of Stamps may summon any chairman director manager secretary actuary accountant or clerk or any officer or person whatever to give evidence or testimony respecting any statement made in any such written application or as to any matter or thing respecting which the Comptroller of Stamps desires information in order to enable him to determine the duty payable in respect of any annual licence.

(2) Such person may be required by such summons to bring before the Comptroller of Stamps any books papers deeds documents or writings in his possession or control material to the subject-matter of inquiry.

(3) The person so summoned shall attend and produce such books papers deeds documents or writings before the Comptroller of Stamps.

(4) It shall be lawful for the Comptroller of Stamps to examine on oath every person so summoned.

(5) Every person who being duly summoned fails or neglects to appear before the Comptroller of Stamps at the time and place appointed for the purpose, or appears but refuses to be sworn or to

1958. Stamps. No. 6375 1003

answer any lawful question, and every person having the custody control or possession of any such books papers deeds documents or writings who upon being summoned as aforesaid fails or neglects to produce the same at the time and place named in such summons, shall be liable to a penalty of not more than Twenty pounds to be recovered by the Comptroller of Stamps.

106. If any question arises as to the liability of any company Question to person or firm of persons to take out an annual licence or as to the c&mpVroUM amount of duty payable in respect of any annual licence, the Comptroller of Stamps may be required to express his opinion with reference thereto in the manner provided in Division two of this Part, and the decision of the Comptroller of Stamps shall be final subject to appeal to the Supreme Court as in the said Division provided.

of Stamps subject to appeal. No. 5204 s. 105.

107. An annual licence shall, subject to the provisions of any Effect of Act in force for the time being relating to insurance, be deemed to authorize the lawful business of any company person or firm of persons named therein to be carried on in and by all branches and agencies thereof in Victoria and for one or more kinds of the insurance business mentioned in such annual licence.

annual licences. No. 5204 s. 106.

108. It shall not be lawful for the Comptroller of Stamps to notify that any company is licensed to carry on any such business or for any officer under any Act now or hereafter in force to take any step towards registering or obtaining the incorporation of any company, until the full amount of duty payable by such company in respect thereof is paid.

109. (1) If any company person or firm of persons required by this subdivision to obtain an annual licence at any time carries on in Victoria any assurance or insurance business whatever without having obtained such annual licence, or if on the expiration of such licence any such company person or firm of persons neglects to renew the same within two calendar months after the expiration thereof, such person or firm of persons and every member thereof and such company and every director manager secretary or other person or persons acting in the management thereof shall each be liable to a penalty of Fifty pounds for every month or part of a month during which such person or firm of persons or company as the case may be remains unlicensed.

(2) All contracts of marine insurance or assurance effected by any company person or firm of persons not duly licensed under this subdivision shall be absolutely null and void except any such contract made with any company person or firm of persons respectively publicly holding itself or himself out at any place in Victoria as licensed under this subdivision.

Comptroller of Stamps not to issue certificate until duty paid. No. 5204 s. 107.

Penalty for carrying on insurance business without licence. No. 5204 s. 108.

1004 1958. Stamps. No. 6375

Stamp duly payable by persons acting as agents for or insuring under certain open policies on murine risks.

No. 5204 s. 109; No. 6104 s. 35.

Fourth Schedule.

Application ofs . 105.

Application ofs . 109.

110. (1) Every company person or firm of persons whether corporate or unincorporate not licensed to carry on in Victoria marine assurance business which or who—

(a) assures or insures, or enters into any agreement or undertaking to assure or insure, or in any way acts as agent for the assurance or insurance with;

(Z>) effects an assurance or insurance with; or

(c) makes a declaration (including any letter of advice or other document advising or relating to any marine assurance or insurance or risk) under any open or valued policy issued by—

any company person or firm of persons outside Victoria, whether carrying on business within Victoria or not, for the assurance or insurance of any hulls freights goods or merchandise against marine risk or loss shall take out an annual licence in the form or to the effect of the Fourth Schedule.

(2) The duty upon such annual licence shall be assessed at One thousand two hundred pounds unless such company person or firm proves to the satisfaction of the Comptroller of Stamps that the duty payable by such company person or firm pursuant to this Part does not amount to such sum.

(3) The Comptroller of Stamps may whether any application for an annual licence is or is not made to him by any particular company person or firm of persons exercise in any case whatever when he thinks fit all or any of the powers conferred upon him by section one hundred and five of this Act.

(4) The provisions of the last preceding section shall with such adaptations as are necessary apply to every company person or firm of persons who or which is guilty of a contravention of this section, and to every contract of marine assurance or insurance effected by any company person or firm not being duly licensed pursuant to this section.

Refund of overpaid duty. No. 5204 s. 110; No. 6104 s. 36.

111. If after any duty has been paid by any company person or firm of persons under the provisions of this subdivision the Comptroller of Stamps, on application made to him within twelve months after such payment, is satisfied that such overpayment has been made shall apply to the Treasurer of Victoria for a refund to such company person or firm of persons of the duties overpaid, and the Treasurer shall without further or other authority than this Act refund the amount thereof to the company person or firm by whom the overpayment has been made or to any person acting in its his or their behalf.

1958. Stamps. No. 6375 1006

(12) Betting Instruments.

112. In this subdivision unless inconsistent with the context or subject-matter—

" Authority " means an authority for the time being in force obtained from ithe Comptroller of Stamps pursuant to this subdivision and having the payment of duty denoted thereon in the manner prescribed.

" Backer " includes any person with whom a bookmaker bets.

" Bet " includes wager and " betting " includes wagering. " Betting-ticket" includes any document or thing purporting

to be or usually or commonly known as a betting-ticket or giving or purporting to give or usually or commonly understood to give any right title chance share interest authorization or permission in or in coni^xion with any bet.

" Bookmaker " includes any person who (whether on his own account or as employe or agent of any other person) carries on the business or vocation of or acts as a bookmaker or turf commission agent or any person who gains or endeavours to gain his livelihood wholly or partly by betting or making wagers.

" Bookmaker's certificate " means certificate of registration as a bookmaker issued under the Racing Act 1958 and in force, but excludes a bookmaker's temporary certificate.

" Bookmaker's clerk's certificate" means certificate of registration as a bookmaker's clerk issued under the Racing Act 1958 and in force.

" Bookmaker's statement" means bookmaker's statement required by this subdivision to be furnished to the Comptroller of Stamps.

" Bookmaker's temporary certificate " means certificate of registration as a bookmaker issued under the Racing Act 1958 in relation to a substitute licence or substitute permit and in force.

" Club " has the same meaning as in section eighty-five of the Police Offences Act 1958.

" Promoter" has the same meaning as in section one hundred and eleven of the Police Offences Act 1958.

"Race-course" has the same meaning as in section eighty-five of the Police Offences Act 1958.

''Race-meeting" has the same meaning as in section eighty-five of the Police Offences Act 1958 and includes a " picnic race-meeting " and a " mixed sports gathering" as defined in the Racing Act 1958.

Interpretation. No. 5204 s. I l l ; No. 5741 s. 15 (c) . " Authority."

' Backer."

" Bet," " betting." " Betting-ticket."

" Bookmaker."

" Bookmaker's certificate.'*

" Bookmaker's clerk's certificate."

"Bookmaker's statement.'

" Bookmaker's temporary certificate."

' Club."

' Promoter."

"Racecourse."

" Race-meeting."

1006 1958. Stamps. No. 6375

" Racing club."

" Shooting contest."

' Sports."

" Sports ground."

Racing club " means club association society or body of persons corporate or unincorporate formed for promoting or controlling horse-racing pony-racing or trotting-racing or for holding race-meetings.

Shooting contest" means a shooting contest in which the targets are birds or are objects propelled through the air by force which is applied by artificial means.

Sports " has the same meaning as in section one hundred and eleven of the Police Offences Act 1958.

Sports ground " has the same meaning as " Ground " has in section one hundred and eleven of the Police Offences Act 1958.

Payment of stamp duties. No. 5204 s. 112; No. 5741 s. 15 (d) .

113. (1) Stamp duties upon bookmakers' certificates and bookmakers' clerks' certificates shall be paid in respect of the period of twelve months commencing on the first day of November and ending on the thirty-first day of October.

(2) Stamp duties upon bookmakers' certificates bookmakers' clerks' certificates bookmakers' temporary certificates and authorities shall be paid immediately after the issue thereof and shall be denoted on the certificate or authority in the manner prescribed.

Additional duty on variation of bookmaker's certificate. No. 5204 s. 113; No. 5741 s. 15 W).

114. (1) Where during the currency of a bookmaker's certificate that certificate is varied under the Racing Act 1958 and thereby a higher rate of duty is payable in respect thereof, the appropriate additional duty shall forthwith be payable thereon and shall be denoted on the certificate in the the manner prescribed.

(2) Where a bookmaker's certificate is surrendered pursuant to the Racing Act 1958 the Comptroller of Stamps may in his discretion in respect of the unexpired period of the certificate make a pro rata refund of the stamp duty paid on the certificate.

Bookmaker to obtain authority before betting at shooting contest on sports ground. No. 5204 s. 114; No. 5741 s. 15 (e ) . Operation of authority.

115. (1) Any bookmaker desiring to bet on any day on a sports ground with any person or persons during the holding on such sports ground of a shooting contest and in respect of such contest shall before so betting obtain from the Comptroller of Stamps an authority in the prescribed form and having the payment of duty denoted thereon in the manner prescribed.

(2) Such authority shall be in force on the day and at the place specified therein and at no other time or place.

Duties chargeable in respect of bets for cash or on credit. No. 5204 s. 120.

116. Stamp duties upon betting-tickets shall— (a) be chargeable upon all betting-tickets issued on a

race-course or, as the case may be, on a sports ground by a bookmaker in respect of bets whether the amount wagered by the backer is or is not paid to the bookmaker on the making of such bets; and

1958. Stamps. No. 6375 1007

(b) be denoted on the betting-tickets by impressed stamps.

117. (1) Every bookmaker who makes a bet with any person on a race-course or, as the case may be, on a sports ground where the amount wagered by the backer is paid to the bookmaker at the time such bet is made shall forthwith—

(a) write out or cause to be written out a betting-ticket in respect of such bet; and

(b) cancel such ticket in the manner prescribed and issue the same so cancelled to the backer.

Impressed stamps.

Tickets to be written out for each cash bet. No. 5204 s. 121; No. 5566 s .2 (21 , (o> . No. 5741 s. 15 (g) . No. 5793 s . 6 ( l ) (f l )-(c) . Cancellation.

As to credit bets.

Bookmaker to keep betting-book and enter bets therein.

(2) Every such betting-ticket shall be in such form and of ^^,if-ot

such size and colour and be numbered as prescribed. tickets.

(3) In the case of bets where the amounts wagered by the backers are not paid to the bookmaker at the time the bets are made, the bookmaker shall include particulars of such bets in the bookmaker's statement which he is required to furnish in respect of the weekly period in which the bets were made.

(4) Every bookmaker shall keep a betting-book for bets made by him on race-courses and on sports grounds and shall forthwith enter therein or cause a clerk employed in that behalf to enter forthwith therein the prescribed particulars with respect to every bet made by him (whether the amount wagered by the backer is or is not then paid to the bookmaker).

(5) Every such betting-book shall be in the prescribed form Betting-books, and betting-books in the prescribed form shall be obtainable by bookmakers only from the Comptroller of Stamps upon application made to him in the prescribed manner and form and upon payment of the prescribed fee, and the regulations shall provide for the issue and regulate the use of such betting-books and shall prescribe the part or parts of the said books which shall be lodged with the Comptroller of Stamps with bookmakers' statements as hereinafter provided.

(6) Every bookmaker who— (a) fails to enter forthwith or fails to cause any clerk

employed as aforesaid to enter forthwith in the betting-book of such bookmaker the prescribed particulars with respect to every bet made by such bookmaker (whether the amount wagered by the backer is or is not then paid to the bookmaker); or

(b) knowingly makes any false entry in such betting-book—

and every clerk employed as aforesaid by a bookmaker who— (c) fails to enter forthwith in the betting-book of such

bookmaker the prescribed particulars with respect

Penalty on bookmaker and clerk failing to enter or cause to be entered in betting-book particulars of bets or making false entries.

1008 1958. Stamps. No. 6375

to every bet made by such bookmaker (whether the amount wagered by the backer is or is not then paid to the bookmaker); or

(d) knowingly makes any false entry in such betting-book—

shall be liable to a penalty of not less than Ten pounds and not more than One hundred pounds or to imprisonment for a term of not more than six months.

Offences relating to counterfeiting betting-books, using books other than prescribed books &c.

Production of book when required.

Non-application of this section to bookmakers at certain shooting contests.

(7) Every person who without the authority of the Comptroller of Stamps (the proof of which authority shall lie on the defendant) makes or sells or supplies or has in his possession without lawful excuse any book or paper purporting to be a betting-book or part of a betting-book in the prescribed form or simulating or resembling such a betting-book or part of such a book shall be guilty of an offence and liable to a penalty of not less than Ten pounds and not more than One hundred pounds or to imprisonment for a term of not more than six months.

(8) Every bookmaker or person employed by or acting for a bookmaker who—

(a) uses as a betting-book any book or paper other than a betting-book in the prescribed form duly obtained from the Comptroller of Stamps; or

(b) contravenes or fails to comply with the provisions of any regulation relating to the use of betting-books—

shall be guilty of an offence and liable to a penalty of not less than Five pounds and not more than Fifty pounds.

(9) Every bookmaker shall when so required by the Comptroller of Stamps produce to the said Comptroller for examination and for retention by the said Comptroller for as long as he deems necessary any betting-book issued to the bookmaker by the said Comptroller.

(10) The provisions of this section shall not apply so as to require any bookmaker who—

(a) obtains from the Comptroller of Stamps an authority having the payment of duty denoted thereon in the manner prescribed; and

(b) on a sports ground during the holding thereon of a shooting contest makes a bet or bets with any person or persons in respect of such contest on the day specified in the authority—

to issue a bettingnticket or betting-tickets in respect of such bet or bets or to keep in respect thereof betting-books as required by the said provisions.

1958. Stamps. No. 6375 1009

118. (1) Any officer authorized by the Comptroller of Stamps Production in writing for the purpose (whether generally or in any particular of bettinj;-case) may on showing such authorization require any bookmaker J^"^0 ' or any of his employes at any reasonable time or at any place to s.°22; produce for inspection any betting-tickets whether written out or a°)'(d)?s'6

not or any betting-books or other documents relating to betting No-6104s-37-transactions (including any race-book card paper or thing which the officer believes on reasonable grounds to have been used to record any betting transactions) in his possession or control and may inspect and at his discretion impound or take any extracts from any such ticket book or document.

(2) The Comptroller of Stamps and any officer authorized Power to by the Comptroller in writing for the purpose (whether generally courses and or in any particular case) may on any day on which a race-meeting °umds. or sports are held on any race-course or sports ground enter any part of such race-course or sports ground and may require from the proprietor thereof or any servant or agent of the proprietor or from any bookmaker or bookmaker's clerk any assistance for the purpose of ascertaining whether the provisions of this Act and the regulations are being observed.

(3 ) Every person who fails neglects or refuses to produce for Penalty. inspection any documents or to give any assistance when so required pursuant to this section or who delays or obstructs the Comptroller of Stamps or any officer in carrying out his powers or duties under this subdivision shall be liable to a penalty of not less than Ten pounds and not more than Fifty pounds or to imprisonment for a term of not more than three months.

119. (1) For the purposes of this subdivision each period of Mriodsfor six days beginning with Monday and ending with Saturday, both betting tax days inclusive, is referred to as a weekly period. NO. 5204

8.123; No. 5566

(2) The provisions of the next four succeeding sections shall Non. not apply in respect of bets made by any bookmaker pursuant to f^J^^to a n a u t h o r i t y . bets made by

^ bookmakers pursuant to authorities.

120. (1) Every bookmaker who as such during any weekly Bookmaker's period in any year makes any bet on any race-course or on any statements. sports ground shall before the expiration of six days after the ^Twf4

termination of such weekly period— £025(2)! (a) furnish to the Comptroller of Stamps a bookmaker's No4.574i

statement in the prescribed form, signed by the NO'55793SS?5 bookmaker setting forth— {jj ^>-6 »)

(i) the aggregates of the amounts wagered by N°-«i<ks.38 backers in all bets made by the bookmaker as such—

at the Flemington race-course, the Caulfield race-course, the Moonee

1010 1958. Stamps. No. 6375

Valley race-course and the Royal Showgrounds race-course at Ascot Vale; and

at all other race-courses and sports grounds in Victoria—

respectively during the said weekly period whether the amount wagered by the backer in any such bet is or is not paid to the bookmaker at the time the bet is made;

(ii) the number and prescribed particulars of bets made by the bookmaker as such on each race-course and sports ground in Victoria during the said weekly period where the amount wagered by the backer is not paid to the bookmaker at the time the bet is made; and

(iii) any other prescribed particulars;

(b) (except as provided in sub-section (3) of this section) lodge with the Comptroller of Stamps with the said statement the prescribed part or parts of all betting-books used by such bookmaker during the said weekly period; and

(c) pay to the Comptroller of Stamps the amount of stamp duty payable upon such bookmaker's statement—

and the Comptroller of Stamps shall denote in the prescribed manner upon such bookmaker's statement the amount of stamp duty so paid,

win and (2) For the purposes of this section— (a) the amount of any bet which is cancelled or called off

in accordance with any relevant rule practice or direction of a racing club or sports promoter shall not be included in any such aggregate; and

(b) a bet for a win and a place or a " double " or " treble " or other similar bet shall be deemed one bet only,

where no (3) Where during any weekly period in any year a during**16 bookmaker has not as such made any bets in Victoria— "tatememto (a) he shall before the expiration of six days after the be furnished, termination of such weekly period furnish to the

Comptroller of Stamps a statement signed by the bookmaker setting forth that he has not during such weekly period in such year made any bets in Victoria; and

(b) if he duly furnishes such statement, it shall not be necessary for him to comply with the provisions of paragraph (b) of sub-section (1) of this section in respect of such weekly period, but if the Comptroller of Stamps at any time by notice in

1958. Stamps. No. 6375 1011

writing requires such bookmaker to produce his betting-books for inspection and retention the bookmaker shall comply with such requirement.

(4) The Comptroller of Stamps may require any bookmaker to furnish within such time as the said Comptroller thinks fit such further or other information or particulars (verified, if so required, by statutory declaration) as the said Comptroller considers necessary in order to satisfy himself of the correctness or otherwise of any bookmaker's statement or of any statement under the preceding provisions of this section or of the entries in the betting-book of the bookmaker, and the bookmaker shall furnish the same accordingly.

(5) When the Comptroller of Stamps is satisfied, after considering such further or other information or particulars (if any) furnished to him as aforesaid, that in respect of any bookmaker's statement insufficient stamp duty has been paid or stamp duty has been paid in excess he shall amend or cause to be amended the bookmaker's statement and shall denote in the prescribed manner on the bookmaker's statement as amended any further stamp duty which has become chargeable or may refund any stamp duty which has been paid in excess.

(6) (a) In the event of any bookmaker failing in respect of any weekly period to furnish a bookmaker's statement or a statement or to lodge the prescribed part or parts of any betting-book as required by this section, the Comptroller of Stamps shall assess the duty payable by such bookmaker at a sum equal to double the amount accounted for in any bookmaker's statement previously submitted by him.

(b) Such sum shall be the amount of stamp duty payable by the bookmaker for suoh weekly period, unless he proves to the satisfaction of the said Comptroller that the amount for which the bookmaker is actually liable is less than the said sum, in which case the duty payable shall be assessed at such less amount.

(7) Any bookmaker who with intent to evade the payment of the whole or part of any stamp duty payable for any weekly period by any means or device evades or attempts to evade the payment of such duty shall be liable to a penalty of not less than Ten pounds and not more than One hundred pounds, and in addition to such penalty if the Comptroller of Stamps so directs the Bookmakers and Bookmakers' Clerks Registration Committee shall suspend his bookmaker's certificate or bookmaker's temporary certificate until such time as the Minister otherwise directs.

(8) Any bookmaker in whose betting-book any person, and any person who in the betting-book of any bookmaker by any entry or by any other means or device, procures or aids or attempts to procure or aid the evasion of payment by such bookmaker of any stamp duty shall be liable to a penalty of not less than Ten pounds and not more than One hundred pounds.

Power of Comptroller of Stamps to require further information.

Amending statement and stamping statement as so amended.

As to stamp duty when statements not furnished or betting-books not produced.

Penalty for attempted evasion.

1012

Offences.

1958. Stamps. No. 6375

Suspension of licence or permit.

(9) Any bookmaker who—

(a) is guilty of any contravention of or failure to comply with any of the provisions of this section or of any requirement of the Comptroller of Stamps thereunder; or

(b) in any bookmaker's statement or statement under this section or in answer to any such requirement knowingly supplies any incorrect incomplete or misleading information or particulars—

shall be guilty of an offence, and for every such offence (where no penalty is expressly provided therefor) shall be liable to a penalty of not more than Fifty pounds.

(10) If any bookmaker is in default in furnishing in respect of any weekly period a bookmaker's statement or a statement under this section if the Comptroller of Stamps so directs the Bookmakers and Bookmakers' Clerks Registration Committee shall suspend his bookmaker's certificate or bookmaker's temporary certificate until such time as the Minister on being satisfied that the default is remedied otherwise directs.

Payment and recovery of stamp duties upon bookmakers' statements. No. 5204 s. 125; No. 5566 ss. 2 (2) , 5 (1) . No. 5741 s. 15 (/) . Additional sum payable in case of delayed payment of stamp duty.

Suspension of licence or permit until payment.

Power of Minister.

Licence or permit to revive on payment of duty &c.

121. (1) The stamp duties payable upon any bookmaker's statement, if not paid before the expiraition of six days after the termination of the weekly period in respect of which they are chargeable, may (without prejudice to any other method of recovery) be recovered from the bookmaker in any court of petty sessions as a civil debt recoverable summarily.

(2) If any such stamp duty is not paid to the Comptroller of Stamps within the prescribed time—

(a) an additional sum amounting to ten per centum of the stamp duty unpaid shall be payable by way of penalty; and

(b) if the Comptroller of Stamps so directs the Bookmakers and Bookmakers' Clerks Registration Committee shall suspend his bookmaker's certificate or bookmaker's temporary certificate until the stamp duty and such additional sum are duly paid.

(3) Notwithstanding anything in the last preceding sub-section the Minister may where good cause is shown for the delay forgo the whole or any part of such additional sum.

(4) Upon the payment of the stamp duty and such additional sum (so far as such additional sum has not been forgone by the Minister) such bookmaker's certificate or bookmaker's temporary certificate, unless the same has otherwise ceased to operate, shall revive.

1958. Stamps. No. 6375 1013

122. Any bookmaker who, while on any part of a race-course or sports ground in which part he is making bets or attempting or holding himself out as ready and willing to make bets, has in his possession any unused betting-ticket not duly impressed with stamp duty for the amount required to be paid in respect of that part of the race-course or sports ground shall be guilty of an offence and be liable to a penalty of not more than Fifty pounds.

As to bookmaker on part of race-course or sports ground in possession of betting-tickets not appropriately stamped. No. 5204 s.127.

123. Every bookmaker who is guilty of any contravention of or failure to comply with any of the provisions of this subdivision shall (save as otherwise expressly provided) be liable to a penalty of not less than Ten pounds and not more than One hundred pounds or to imprisonment for a term of not more than six months.

Penalties. No. 5204 s. 128.

124. Every person who practises or is concerned in any fraudulent act contrivance or device not specially provided for by law with intent to defraud Her Majesty of any stamp duty under this subdivision or headings XII., XIII., XIV. or XV. of the Third Schedule shall be guilty of a misdemeanour and liable to imprisonment for a term of not more than twelve months.

Frauds. No. 5204 s. 129; No. 5566 s. 10 (2) , No. 5793 s. 5. (1) (6 ) . Third Schedule.

125. The committee or other managing body of any racing Returns by club conducting meetings on any race-course and any person who T&c.ns c u s

has the management or control of any race-course and the promoter J*o. §204 of any sports on any sports ground shall at the times and in the No..5741 manner prescribed forward to the Comptroller of Stamps returns made by the prescribed person setting out the names of the bookmakers and bookmakers' clerks licensed or permitted to carry on the business or vocation of a bookmaker or (as the case requires) of a bookmaker's clerk on such race-course or any part thereof or, as the case may be, on such sports ground and such other particulars as are prescribed.

126. (1) The promoter of any sports shall (not later than six days prior to the date on which such sports are to be held) give notice in the prescribed form to the Comptroller of Stamps of the nature and date of such sports.

Notice of sports meetings to be g'vento

omptroller of Stamps. No. 5204 s. 131.

(2) Every such promoter who is guilty of any contravention Penalty. of or failure to comply with this section shall be liable to a penalty of not more than Fifty pounds.

127. (1) Any penalty to which a racing club is liable under this subdivision may (without prejudice to any other method of enforcing the same) be enforced against the secretary or the chairman thereof or any member of the committee or other managing body thereof.

Enforcement of penalties in case of racing clubs. No. 5204 s. 132.

1014 1958. Stamps. No. 6375

Enforcement of penalties in case of promoters.

When information for offence may be laid hereunder. No. 5204 s. 133. Subdivision not to operate so as to render lawful any betting &c.

No. 5204 s. 135.

Regulations. No. 5204 s. 136; No. 5566 s.4(2), No. 5741 s. 15 (0, No. 5793 s. 6 (1) («)• No. 6104 s. S. 39.

(2) Any penalty to which any promoter is liable under this subdivision may (without prejudice to any other method of enforcing the same) be enforced against any person who is such a promoter or against the secretary or chairman or any member of the committee or other managing body of any body corporate or unincorporate which is such promoter.

128. An information for any offence under this subdivision may be laid at any time within three years from and after the date on which the offence was committed.

129. Nothing in this subdivision shall operate so as— (a) to render lawful any betting or wagering in any manner

or in any place in which it is unlawful; or (b) to authorize the sending exhibiting or publishing of

or the causing to be sent exhibited or published any letter circular telegram placard handbill card writing or notice which is unlawful.

130. (1) The Governor in Council may make regulations for or with respect to—

(a) the manner of denoting payment of duty upon bookmakers' certificates bookmakers' temporary certificates bookmakers' clerks' certificates and authorities and the stamping of betting-tickets;

(6 ) the form size colour and numbering of betting-tickets; (c) the form of betting-books, the particulars to be

entered therein, the manner and form of application therefor, the issue and use thereof and the part or parts thereof to be lodged with the Comptroller of Stamps with bookmakers' statements as hereinbefore provided;

(d) the cancellation of betting-tickets; (e) returns provided for under this subdivision; (/) the notification by bookmakers and bookmakers' clerks

of changes of their addresses; (g) the manner of denoting payment of duty upon

bookmakers' statements under this subdivision and the form of and the particulars to be contained in bookmakers' statements; and

(h) all matters which by this subdivision are required or permitted to be prescribed or which are necessary or expedient to be prescribed for giving effect to this subdivision.

(2) Any such regulations may prescribe a penalty of not more than Fifty pounds for any contravention of or failure to comply with any such regulation.

1958. Stamps. No. 6375 1015

(13) Counterpart of Instrument.

131. The counterpart of an instrument chargeable with duty pursuant to the Third Schedule shall not be deemed duly stamped unless—

(a) it is stamped as an original instrument; or

(b) in addition to being stamped as provided in this Act it is stamped with a particular stamp denoting that the full and proper duty has been paid upon the original instrument of which it is the counterpart: Provided that notwithstanding anything in section twenty-eight of this Act the counterpart of an instrument chargeable with duty upon which instrument the full and proper duty has been paid may at any time without payment of any penalty be stamped and endorsed with an endorsement denoting that such duty has been paid upon the original instrument.

Counterpart unless stamped us original to bear stamp denoting payment of full duty on original. No. 5204 s. 137; No. 6104 s. 40. Third Schedule.

No. 6045 s. 2; No. 6081 s. 2 (1) . " Goods."

' Hire-

(14) Hire-Purchase Agreements.

132. In this subdivision unless inconsistent with the context interpretation. or subject-matter—

" Goods " includes all chattels personal, and includes any fixture severable from the realty.

" Hire-purchase agreement" means agreement for the bailment of goods under which the bailee may buy agVreem nt." the goods or under which the property in the goods may pass to the bailee, and where by virtue of two or more agreements (none of which by itself constitutes a hire-purchase agreement) there is such a bailment of goods the agreements shall be treated as a single agreement; but does not include any agreement under which the purchaser is a person who is engaged in the trade or business of selling goods of the same nature or description as the goods to which the agreement relates if the term of the bailment of the goods thereunder is not to exceed sixty days.

" Purchase price" means the total amount payable under a hire-purchase agreement by the purchaser on any account whatsoever in respect of the goods the subject-matter of the agreement, less the amount of the deposit or other money or consideration paid or given to the vendor at or before the making of the agreement, and less the total amount payable under the agreement by way of interest or insurance or by way of any other charge.

' Purchase

1016 1958. Stamps. No. 6375

' Purchaser."

' Vendor.'

Duty. No. 6045 s. 3; No. 6081 s. 2 (1) . Third Schedule.

" Purchaser " means person to whom goods are bailed or sold or agreed to be bailed or sold under a hire-purchase agreement.

" Vendor " means person by whom goods are bailed or sold or agreed to be bailed or sold under a hire-purchase agreement.

133. (1) Subject to the exemption contained in the heading " XIX. INSTRUMENT of HIRE-PURCHASE " in the Third Schedule to this Act there shall be charged and paid for the use of Her Majesty upon every instrument of hire-purchase relating to any hire-purchase agreement entered into after the commencement of the Stamps (Hire-Purchase Agreements) Act 1956 the duty specified in the said heading.

(2) The duty shall be denoted by adhesive stamp and shall be paid by the vendor, who shall cancel the stamp.

(3) (a) No vendor or other person shall add the amount of any such duty or any part thereof to any amount payable by the purchaser (whether under the hire-purchase agreement or otherwise) or otherwise demand or recover or seek to recover any such amount from the purchaser.

(b) In the case of a contravention of the provisions of this sub-section—

(i) the court in addition to imposing a penalty shall order the defendant to refund to the purchaser any such amount which has been paid by the purchaser; or

(ii) the purchaser may recover any such amount from the person to whom he paid it in a court of petty sessions as a civil debt recoverable summarily.

Instrument of rfire-purchase to be prepared. No. 6045 s. 4: No. 6081 s. 2 (2) .

134. (1) The vendor of any goods under a hire-purchase agreement shall, in every case where the purchase price is not less than Ten pounds, at or before the time of the making of the agreement prepare an original instrument of hire-purchase in relation to the agreement in accordance with the requirements of this section.

(2) Such original instrument shall be—

(a) if the hire-purchase agreement is in writing, the agreement as in writing;

(b) in any other case, a memorandum in writing of the agreement prepared for the purposes of this section.

(3) An instrument shall not be in accordance with the requirements of this section unless—

(a) it clearly and truly sets out— (i) the names of the parties thereto;

1958. Stamps. No. 6375 1017

(ii) the full name and address of the vendor within the meaning of this subdivision (identified as vendor or as owner);

(iii) a description of the goods sufficient to indicate their nature;

(iv) the total amount payable under the agreement by the purchaser on any account whatsoever in respect of the goods the subject-matter of the agreement;

(v) the amount of the deposit or other money or consideration paid or given to the vendor at or before the making of the agreement;

(vi) the total amount payable under the agreement by way of interest or insurance or by way of any other charge;

(vii) the purchase price within the meaning of this subdivision.

(b) it is boldly marked "original instrument" on the front or first page thereof;

(c) it is, at or before the agreement is entered into, stamped as required by this subdivision.

(4) The vendor, or if the vendor's rights under the hire-purchase agreement are assigned to any other person then such other person, shall keep every such original instrument readily available for inspection throughout the term of the bailment of the goods under the hire-purchase agreement and shall at any reasonable time during the said term on demand produce it for inspection by the Comptroller of Stamps or by an officer authorized in writing by the Comptroller for the purpose whether generally or in any particular case.

135. Notwithstanding anything in this Act a counterpart of counterparts an original instrument of hire-purchase, which original instrument chargeable, is chargeable with duty under this subdivision, shall not be NO.6045S.5. chargeable with duty as an original instrument or counterpart of instrument.

136. Every person who contravenes or fails to comply with Penalty, any of the provisions of this subdivision shall be liable to a penalty NO. 6045 S. 6. of not less than Five pounds and not more than One hundred pounds.

(15) Easements. 137. (1) Notwithstanding anything in this Act, and in creation and

particular in subdivisions (6) and (9) of Division three of Part easements. II. the creation or surrender of an easement shall not be deemed No.6io4s.2». to be a conveyance or transfer on sale of any real property or a deed of gift.

1018 1958. Stamps. No. 6375

(2) The duty payable on the creation or surrender of an easement shall be borne by the grantee of the easement or (as the case requires) by the person to whom it is surrendered.

Interpretation. No. 5204 s. 138. " Duty," " duties."

PART III.—ADMINISTRATION, LICENCES, OFFENCES, REGULATIONS ETC.

138. In this Part unless inconsistent with the context or subject-matter—

" Duty " or " Duties " includes a fee or fees under Part I. and a duty or duties under Part II.

Duties to be managed by Minister. No. 5204 s. 139.

139. The Minister— (a) shall have the care and management of all stamps

and stamp duties; (b) shall provide proper and sufficient dies or other

implements for expressing and denoting such and so many stamps of different values as are from time to time required for the purposes of this Act;

(c) shall cause such adhesive stamps as are required for the purposes of this Act to be made and sold; and

(d) shall have all necessary powers and authorities for carrying this Act into execution.

Comptroller of Stamps. No. 5204 s. 140.

Deputy Comptroller of Stamps.

Removal of Comptroller or Deputy Comptroller.

140. (1) Subject to the Public Service Act 1958 a Comptroller of Stamps may be appointed to have the charge and control of the printing and manufacturing and the charge control custody and issue of all stamps stamped instruments and dies and to carry out the duties vested by or under this or any other Act in the Comptroller of Stamps.

(2) Subject to the Public Service Act 1958 a Deputy Comptroller of Stamps may be appointed.

(3) All acts and things by this or any other Act required or authorized to be done by the Comptroller of Stamps may in the absence or illness or other temporary incapacity of the Comptroller of Stamps be done by the Deputy Comptroller of Stamps, and every act and thing so done by the Deputy Comptroller of Stamps shall be as valid and effectual as if the same had been done by the Comptroller of Stamps.

(4) The Deputy Comptroller of Stamps shall under the control of the Comptroller of Stamps perform such general official duties as he is required to perform by this Act or by the Comptroller of Stamps.

(5) Subject to the Public Service Act 1958 any Comptroller of Stamps or Deputy Comptroller of Stamps may be removed from office.

1958. Stamps. No. 6375 1019

141. Whenever the Minister determines to discontinue the use Notice of of any die and provide a new die to be used in lieu thereof and 0

lfsd?es!muance

gives public notice thereof in the Government Gazette, then from £o. pw and after any day to be stated in the notice (such day not being within two months after the same is so published) such new die shall be the only lawful die for denoting the duty chargeable in any case in which the discontinued die would have been used if it had not been so discontinued, and every instrument first executed by any person or bearing date after the day so stated and stamped with the discontinued die shall be deemed to be not duly stamped:

Provided that— Provisions as

(a) if any instrument stamped as last aforesaid and first Jscontufued executed after the day so stated at any place out of es" Victoria is brought to the Comptroller of Stamps within fourteen days after it has been received in Victoria, then upon proof of the facts to the satisfaction of the Minister the stamp thereon shall be cancelled, and the instrument shall be stamped with the same amount of duty by means of the lawful die without the payment of any penalty;

(b) all persons having in their possession any material stamped with the discontinued die which by reason of the providing of such new die has been rendered useless may at any time within six months after the day mentioned in such notice send the same to the chief office, and the Minister may thereupon cause the stamps on such material to be cancelled and the same material or, if the Minister thinks fit, any other material to be stamped with the new die in lieu of and to an equal amount with the stamps so cancelled.

142. (1) No document or instrument shall be deemed or taken to be duly or properly stamped with an adhesive stamp to denote the payment of any fee or duty unless the words " stamp duty " are printed on and form part of such stamp.

(2) Notwithstanding anything in the last preceding sub-section, if before the 'thirtieth day of June One thousand nine hundred and one any document or instrument chargeable with or liable to the payment of any fee or duty by stamps is stamped with a Victorian adhesive stamp or stamps on which the words " stamp duty" are not printed and form part of the stamp, then on application at any time to the Comptroller of Stamps such document or instrument, if the face value of the stamp or stamps thereon is sufficient, may pursuant to the provisions of this Act be stamped with a particular stamp denoting that it is duly stamped, and thereupon such document shall be admissible in evidence and available for all purposes notwithstanding any objection relating to fees or stamps or duty thereon.

Duty stamps only to be used tor purposes of this Act. No. 5204 s. 142. Saving as to documents stamped with wrong stamp before 30ch June. 1901.

1020 1958. Stamps. No. 6375

Minister to appoint distributors of stamps. No. 5204 s. 143.

143. (1) The Minister shall appoint persons to be distributors of stamps under this Act who—

(a) shall sell such of the said stamps as are required ; and (b) shall keep an account of the number denomination

and amount thereof according as they receive and sell them.

(2) The Minister may at any time revoke any such appointment.

Appointment of sellers ot duty stamps. No. saw 8. 144.

Granting of licences to deal in stamps. No. 5204 s. 145; No. 6104 s. 6.

144. (1) The Minister may appoint any person in the public service of Victoria to sell and distribute sitamps and forms impressed with stamps at any place named in the appointment, and may at any time revoke any such appointment.

(2) The Comptroller of Stamps may authorize any person or class of persons in the public service of Victoria to sell and distribute stamps and forms impressed with stamps at any specified place, subject to the consent of the Minister administering the department in which the person so authorized is employed, and may at any time revoke any such authorization.

(3) The Minister may, pursuant to any arrangement made between the Government of the Commonwealth and the Government of Victoria, authorize any person or class of persons in the service of the Commonwealth to sell and distribute stamps and forms impressed with stamps, and may at any time revoke any such authorization.

(4) Any manager of a bank or branch bank or any barrister and solicitor or any other person may if so authorized by the Minister in writing sell and distribute stamps and forms impressed with stamps.

(5) Notwithstanding anything in this Act it shall be lawful for the persons so appointed or authorized to sell and distribute without a licence stamps and forms impressed with stamps.

(6) In this section "public service" includes the railway service the police force and officers of the Parliament.

145. (1) The Minister may at his discretion grant a licence to any person to deal in stamps at any place or places to be named in such licence.

(2) Every person to whom any such licence is granted shall enter into a bond to Her Majesty in a penal sum of One hundred pounds with a condition that such licensed person does not sell or offer for sale or exchange or keep or have in his possession for the purpose of sale or exchange any stamps other than such as he has purchased or procured at the chief office or from some person duly appointed to sell and distribute stamps or duly licensed to deal in stamps, or from some person authorized by the Minister or Comptroller of Stamps as provided in this Act to sell and distribute stamps without a licence.

1958. Stamps. No. 6375 1021

(3) One such licence and one such bond only shall be required for any number of persons in partnership.

(4) Every such licence shall— contents and v ' J effect of a

(a) specify the proper full name and place of abode or licence. business of the person to whom the same is granted ; and

(b) contain a true description of every house or shop in or at which he is by such licence authorized to deal in duty stamps—

and such person shall not be thereby authorized or entitled to deal in stamps in or at any house shop or place not specified and described in his licence.

(5) The Minister may whenever he thinks fit by notice in Revocation, writing signed by him revoke and make void any such licence.

146. Every person who is licensed to deal in stamps shall, unless authorized in writing to the contrary by the Minister—

(a) cause to be painted or printed at full length in Roman capital letters one inch at least in height and of a proper and proportionate breadth on some conspicuous place on the outside of the front of every house or shop in or at which he is licensed to deal in stamps and so that the same may be at all times plainly and distinctly visible and legible his proper full name together with the words " licensed to sell duty stamps "; and

(6) continue such names and words so painted as aforesaid during all the time that he continues licensed as aforesaid—

and for every neglect or omission in any of suoh matters shall be liable to a penalty of not more than Five pounds :

Provided that in the case of several persons licensed as aforesaid in partnership it shall be sufficient if the full name of one only of such persons is painted or printed in manner aforesaid.

How licence to be notified. No. 5204 s. 146.

Penalty.

Proviso as to partners.

147. Upon the sale of stamps such discount or commission as Discount or irnor in Council directs shall be £

thereof who are licensed to sell duty stamps. the Governor in Council directs shall be allowed to purchasers ^ l ^ [ 0 ° '

s. 147.

148. (1) If any person licensed to deal in stamps dies or becomes bankrupt or insolvent or if the licence of any person to deal in stamps expires or is revoked and any such person at the time of his death bankruptcy or insolvency or at the expiration or revocation of his licence has in his possession any stamps, such person or his executor or administrator or the trustee receiver or assignee under his bankruptcy or insolvency may, within three months after the expiration or revocation of such licence or next after such death bankruptcy or insolvency (as the case may be), bring or send such stamps to the chief office.

Return of stamps on determination of licence or on bankruptcy or insolvency or death of licensee. No. 5204 s. 148.

1022 1958. Stamps. No. 6375

Payment on such return.

Proof of certain matters required.

(2) The Minister or some officer authorized by him may in any such case pay to the person bringing or sending any stamps the amount of the duty thereon deducting therefrom the proper discount or commission.

(3) The person who brings or sends such stamps shall prove to the satisfaction of the Minister or such authorized officer—

(a) that the same were actually in the possession of the person so dying or becoming bankrupt or insolvent or whose licence has expired or been revoked for the purpose of sale at the time when such person died or became bankrupt or insolvent or when such licence expired or was revoked ; and

(b) that such stamps were purchased or procured by the person to whom such licence was granted at the chief office, or from some person duly appointed to sell and distribute stamps or duly licensed to deal in stamps or authorized to sell and distribute stamps without a licence.

Allowance tor spoiled stamps. No. 5204 s. 149. Stamp on any material.

Adhesive stamp not used or affixed.

Stamp on bill of exchange or promissory note not negotiated or issued.

149. Subject to the regulations and to the production of such evidence by affidavit or otherwise as the Minister requires, allowance shall be made by the Minister for—

(a) the stamp on any material inadvertently and undesignedly spoiled obliterated or by any means rendered unfit for the purpose intended before any instrument written thereon is executed by any party, if for such stamp no money or other consideration has been paid or given to the solicitor or other person employed to transact the business intended to have been carried into execution thereby or to the person by whom the same was written;

(b) any adhesive stamp which has never been used or affixed to any material but which been inadvertently and undesignedly spoiled or rendered unfit for use ;

(c) the stamp used or intended to be used for any bill of exchange or promissory note signed by or on behalf of the drawer or intended drawer but not—

(i) delivered out of his hands to the payee or intended payee or any person on his behalf ; or

(ii) deposited with any person as a security for the payment of money ; or

(iii) in any way negotiated issued or put in circulation or made use of in any other manner whatever—

which, being a bill of exchange, has not been accepted by the drawee :

1958. Stamps. No. 6375 1023

Provided that the material on which any such stamp is stamped does not bear any signature intended as or for the acceptance of any bill of exchange or promissory note to be afterwards written thereon;

(d) the stamp used or intended to be used for any bill of exchange or promissory note signed by or on behalf of the drawer thereof but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, has been presented for acceptance or accepted or endorsed or, being a promissory note, has been delivered to the payee :

Provided that another completed and duly stamped bill of exchange or promissory note is produced identical in every particular except in the correction of such error or omission as aforesaid with the spoiled bill or note ;

(e) the stamp used for— (i) an instrument executed by any party thereto

but afterwards found to be absolutely void in law from the beginning ;

(ii) an instrument executed by any party thereto but afterwards found unfit by reason of any error or mistake therein for the purpose originally intended ;

(iii) an instrument executed by any party thereto but which, by reason of the death without having executed the same of any person by whom it is necessary that it should be executed or of the refusal of any such person to execute the same or to advance any money intended to be thereby secured, cannot be completed so as to effect the intended transaction in the form proposed ;

(iv) an instrument executed by any party thereto which, for want of the execution thereof by some material and necessary party and his inability or refusal to sign the same, is in fact incomplete and insufficient for the purpose for which it was intended :

(v) an instrument executed by any party thereto which, by reason of the refusal of any person to act under the same or by the refusal or non-acceptance of any office thereby granted, totally fails of the intended purpose ;

Stamp on bill of exchange ot promissory note issued or presented.

Stamp on certain instruments. Instrument found to be void in law.

Instrument unfit on account of mistake.

Instrument which cannot be completed.

Instrument which party refuses or Is unable to complete.

Instrument under which party refuses to act.

1024 1958. Stamps. No. 6375

Instrument void for nonregistration.

Instrument rendered unnecessary by another.

Instrument spoilt and another substituted.

But executed instruments to be cancelled.

Time within which application for allowance to be made.

No action commenced In which instrument evidence.

(vi)

(vii)

(viii)

an instrument executed by any party thereto which, for want of enrolment or registration within the time required by law, becomes null and void ;

an instrument executed by any party thereto which becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument duly stamped;

an instrument executed by any party thereto which is inadvertently and undesignedly spoiled and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped :

Provided that-(a) in the case of an executed instrument—

(i) the instrument is given up to be cancelled ; (ii) the application for relief is made within two

years after the date of the instrument or, if it is not dated, within two years after the execution thereof by the person by whom it was first or alone executed, except—

where from unavoidable circumstances any instrument for which another instrument has been substituted cannot be given up to be cancelled within the aforesaid period, and in that case within two years after the date or execution of the substituted instrument ;

where the spoiled instrument has become void for want of enrolment or registration, and in that case within two years next after it has so become void ;

where the spoiled instrument has been sent abroad, and in that case within two years after it has been received back in any part of Victoria ; and

(iii) no action has been brought or suit commenced in which the instrument could or would have been given or offered in evidence ; and

1958. Stamps. No. 6375 1025

(b) in the case of stamped material not having any executed instrument written thereon and of an adhesive stamp not affixed to any material, the application for relief is made within two years after the stamp has been spoiled as aforesaid.

As to time for Application where instrument not executed.

150. (1) When any person has inadvertently used for an instrument liable to duty a stamp of greater value than was necessary or has inadvertently used any stamp for an instrument not liable to any duty, the Minister may, on application made within two years after the date of the instrument, or, if it is not dated, within two years after the execution thereof by the person by whom it was first or alone executed, and upon the instrument if liable to any duty being restamped with the proper duty, cancel and allow as spoiled the stamp so misused.

(2) In any case in which allowance is made for spoiled or misused stamps the Minister may give in lieu thereof other stamps of the same denomination and value or, if required and he thinks proper, stamps of any other denomination to the same amount and value or, at his discretion, the same value in money, deducting the proper allowance on the purchase of stamps of the like description.

(3) When any person has used an adhesive stamp for an instrument liable to duty and such duty is required by this Act to be denoted by an impressed stamp the Minister may, upon the instrument being impressed with the proper duty, cancel and allow as spoiled the adhesive stamp so misused.

Allowance for misused stamps. No. 5204 s. ISO; No. 6104 s. 7.

Allowance how to be made.

151. When any person is possessed of a stamp which has not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Minister may if he in his discretion thinks fit repay to him the amount or value of such stamp in money, deducting the proper discount, upon his delivering up the stamp to be cancelled and proving to the satisfaction of the Minister—

(a) that it was purchased by him with a bona fide intention to use i t ; and

(b) that he has paid the full value thereof without any deduction (except only the amount of such discount) ; and

(c) that the stamp was so purchased within the period of two years next preceding the application at the chief office or from some person duly appointed to sell and distribute stamps or duly licensed to deal in stamps.

Repurchase by Minister of stamps not wanted. No. 5204 8.151.

VOL. VII.—S3

1026 1958. Stamps. No. 6375

Penalty on unauthorized persons holding themselves out as dealers in stamps. No. 5204 s. 152.

152. Every person who is not duly appointed to sell and distribute stamps or duly licensed to deal in stamps who writes paints or marks or causes or procures to be written painted or marked or permits or suffers to continue written painited or marked upon any part of his house or shop either in the inside or on the outside thereof or upon any board or any material whatever exposed to public view whether the same is affixed to his house or shop or not any word or words importing or signifying or intended to import or signify that he is a vendor of or dealer in duty stamps shall, for every day on which such offence is committed or continued, be liable to a penalty of Five pounds.

No person except distributor to deal in stamps without licence. No. 5204 s. 153.

153. No person, other than such distributor of stamps as aforesaid or such persons as are authorized by the Minister or Comptroller of Stamps to sell and distribute stamps without a licence, shall sell or deal in stamps in Victoria without having obtained from the Minister a licence for that purpose which is in force and unrevoked at the time of such sale or dealing :

Provided that it shall be lawful for any person employed to prepare write or engross any deed or instrument liable to stamp duty to charge his employer with the amount of the stamp or stamps impressed thereon without having obtained any such licence as aforesaid to sell or deal in stamps.

Penalty for unauthorized dealing in stamps. No. S204 6.154.

Penalty where dealing is with forged

Power to proceed otherwise reserved.

154. (1) Every person who—

(a) not being duly appointed or authorized to sell and distribute stamps or duly licensed to deal in stamps, deals in any manner in stamps in any part of Victoria; or

(b) being duly licensed to deal in stamps, deals in any manner in stamps at any house shop or place not specified and described in his licence—

shall for every such offence be liable to a penalty of not more than Ten pounds.

(2) If in any proceeding for any such offence it appears that any stamp which has been sold or exchanged or offered for sale or exchange is forged, although the same has not been so alleged in the information or complaint, a conviction shall be made against the offender for a sum of not less ithan Ten pounds and not more than Twenty pounds, and the special matter shall be stated in the conviction as the cause of such increase of penalty.

(3) Nothing in this section shall exempt any person from the legal consequences of selling uttering or having in possession any forged stamp knowing the same to be forged.

1958. Stamps. No. 6375 1027

155. (1) Every person whether licensed to deal in stamps or not who hawks or carries about or offers for sale or exchange any stamps shall be liable to a penalty of Ten pounds irrespective of any penalty to which if unlicensed he is or may be liable for dealing in stamps without a licence.

(2) It shall be lawful for any person without any other warrant than this Act to apprehend any person so offending and take him or cause him to be taken before a justice of the peace to be dealt with according to law.

(3 ) If the offender does not immediately on his conviction pay the said penalty of Ten pounds he shall be committed to prison for a term of not more than three months unless the penalty is sooner paid.

(4) All stamps which are found in the possession of any such offender shall be forfeited and may be taken possession of by any person authorized by the Minister or by any member of the police force and shall be delivered to the Minister to be disposed of as he thinks fit.

(5) If the offender is not apprehended and proceeded against in the manner hereinbefore mentioned the said penalty of Ten pounds shall be recoverable in the same manner as any other penalty imposed by this Act.

Penalty for hawking stamps. No. 5204 s. 155.

Mode of proceeding.

Enforcement of penally.

Forfeiture of stamps found on offender.

Penalty recoverable though offender not apprehended.

156. Every person who— Penalty for •* * fraudulently

(a) fraudulently removes or causes to be removed from slulng'SI. any document any adhesive stamp fixed thereon, or stamPs. affixes a stamp so removed to any other document f.'isl204

or paper ; or (6) sells or offers for sale any adhesive stamp which has

to his knowledge been fraudulently removed from any instrument, or utters any instrument having thereon any adhesive stamp which has to his knowledge been so removed ; or

(c) practises or is concerned in any fraudulent act or contrivance or device not specially provided for with intent to defraud Her Majesty of any stamp duty—

shall be liable, over and above any other penalty to which he is liable, to a penalty of not more than Fifty pounds.

157. Every person who by any writing in any manner defaces Mto any adhesive stamp before it is used shall be liable to a penalty of adhesive

not more than Five pounds : f ""™, r No. 5204

Provided that any person may, with the express sanction of s-157-the Minister and in the manner and in conformity with the conditions prescribed, write upon an adhesive stamp before it is used for the purpose of identification thereof.

1028 1958. Stamps. No. 6375

Proceedings not to be quashed for want of form or removed by certiorari. No. 5204 s. 158. Recovery of penalties. No. 5204 s. 159; No. 6104 s. 8 (1).

Stay of proceedings and reward of Informer.

Application of penalties. No. 5204 s 160; No. 6104 s. 8 (2). Criminal offences relating to stamps. No. 5204 8.161. Felonies.

158. Proceedings to be had or taken under this Act shall not be quashed or vacated for want of form or removed by certiorari.

159. (1) Except where express provision is made to the contrary, all pecuniary penalties incurred under this Act may be recovered in a summary way before a court of petty sessions with full costs of proceedings.

(2) The Minister may at his discretion— (a) stay or compound proceedings for any such penalty ; (b) mitigate the same ; (c) reward any person who informs him of any offence

against this Act or assists in the recovery of any penalty.

(3) The Comptroller of Stamps may, without instituting proceedings against any person for the recovery of any pecuniary penalty for which provision is made in this Act or the regulations, demand and receive the amount of such penalty or such reduced amount (not being less than the prescribed minimum penalty, if any) as he thinks fit from such person, whereupon—

(a) if such person pays such amount to the Comptroller within fourteen days after the demand, no proceedings shall be taken against him in relation to the offence;

(b) if such person does not so pay such amount, the Comptroller may cause proceedings to be instituted in relation to the offence.

160. All penalties recovered under this Part, including all amounts paid under sub-section (3) of the last preceding section, shall be paid into the Consolidated Revenue.

161. (1) Every person who— (a) forges a die or stamp or any part of a die or stamp ;

or (b) without lawful excuse (the proof of which lawful

excuse shall lie on the person accused) makes an impression or any part of an impression upon any material with a forged die or forges the impression or any part of the impression of any die upon any instrument; or

(c) with intent to defraud stamps or marks any document with any forged stamp or die ; or

(d) knowingly sells or exposes for sale or utters or uses any forged stamp or forged part of a stamp or any forged impression or part of an impression of any stamp or die ; or

1958. Stamps. No. 6375 1029

(e) knowingly and without lawful excuse (the proof of which lawful excuse shall lie on the person accused) has in his possession—

(i) any forged die or stamp or part of a die or stamp ; or

(ii) any stamp or part of a stamp which has been fraudulently cut torn or otherwise removed from any material; or

(iii) any stamp which has been fraudulently mutilated ; or

(iv) any stamped material out of which any name sum date or other matter or thing has been fraudulently erased or otherwise either really or apparently removed ; or

(/) causes or procures or knowingly aids abets or assists in the doing of any of such acts—

shall be guilty of felony and shall be liable to imprisonment for a term of not more than fifteen years.

( 2 ) E v e r y p e r s o n Who Misdemeanours.

(a) fraudulently cuts tears or in any way removes from any stamped material any stamp or the impression of any stamp or die with the intent that any use should be made of the same or of any part thereof ; or

(b) fraudulently mutilates any stamp with intent that any use should be made of any part of such stamp ; or

(c) fraudulently fixes or places upon any instrument or material or upon any stamp any stamp or part of a stamp which, whether fraudulently or not, has been cut torn or in any way removed from any other stamped material or out of or from any other stamp; or

(d) fraudulently erases or otherwise really or apparently removes from any stamped material any name sum date or other matter or thing whatsoever thereon written with the intent that any use should be made of the stamp upon such material; or

(e) causes or procures or knowingly aids abets or assists in the doing of any of such acts—

shall be guilty of misdemeanour and shall be liable to imprisonment for a term of not more than three years.

(3) In this section "die" includes any plate type tool Or Interpretation, implement which can be used as a die or any part of any such "Dfc-" plate type tool or implement.

1030 1958. Stamps. No. 6375

Entry and search where offence suspected. No. 5204 s. 162.

Power to break open doors.

As to things found.

162. (1) On information given before any justice of the peace upon oath that there is just cause to suspect any person of being guilty of any of the offences mentioned in the last preceding section, such justice may grant a warrant under his hand to authorize any member of the police force to enter into any dwelling-house room workshop outhouse or other building or place belonging to or occupied by the suspected person or where he is suspected of being or having been in any way engaged or concerned in the commission of any such offence, or of secreting any forged die or stamp or any machinery implements or utensils applicable to the commission of any such offence, or where any forged die or stamp is suspected to be kept, and to search the same.

(2) If on demand of admittance and notice of such warrant any outer door of any such dwelling-house workshop outhouse or other building or place or any inner door /thereof is not opened, some authorized person may break open the same.

(3) If upon such search any of the said several matters and things are found, the same may be seized and carried away in order that they may be produced in evidence against any offender, and shall afterwards, whether produced in evidence or not, by order of the court or judge before whom such offender is tried or in case there is no such trial within a period of six months by order of some justice of the peace be delivered over to the Minister to be defaced or destroyed or otherwise disposed of as he thinks fit.

Further proceedings tor the detection of forged scamps. No. 5204 s. 163.

Power to break open doors.

Constables to assist.

Penalty for resisting obstructing or refusing to assist.

163. (1) On information given to the Comptroller of Stamps that there is reasonable cause ito suspect that any person appointed to sell or distribute stamps or being or having been licensed to deal in stamps has in his possession any forged stamps, the Comptroller of Stamps may by warrant under his hand authorize any person to enter between the hours of nine in the morning and seven in the evening into any dwelling-house room shop warehouse outhouse or other building of or belonging to any such suspected person.

(2) If on demand of admittance and notice of such warrant any outer door of any such dwelling-house room shop warehouse outhouse or other building or any inner door thereof is not opened, such authorized person may break open the same and search for and seize any stamps that may be found in any such place as aforesaid or elsewhere in the custody or possession of such suspected person.

(3) All members of the police force shall, upon the request of any person acting under any warrant such as is referred to in this or the last preceding section, aid and assist in the execution thereof.

(4) Every person who— (a) refuses to permit any such search or seizure as is

referred to in this or the last preceding section to be made as aforesaid ; or

1958. Stamps. No. 6375 1031

(b) assaults opposes molests or obstructs any person employed or acting in the execution or under the authority of any such warrant or aiding or assisting in the execution thereof—

and every member of the police force who upon any such request as aforesaid refuses or neglects to aid and assist in the execution of any such warrant as aforesaid shall be liable to a penalty of Fifty pounds.

164. (1) The person who is intrusted with the execution of Mode of

any such warrant as aforesaid shall if required give to the person whe^Sps in whose custody or possession any stamps are found and seized ^ * ^ ' an acknowledgment of the number particulars and amount of the s.°64. stamps so seized, and shall permit such last-mentioned person or any person employed by him to mark such stamps before the removal thereof.

(2) If the person in whose custody or possession any stamps are so found and seized is or within a period of six months has been a licensed dealer in stamps, he shall be entitled to claim and receive in money from the Minister the amount of such of the stamps so seized as are found to be genuine (deducting therefrom the proper discount), and also to receive the value of the material whereon the same are impressed according to the rates at which material of the like quality and description is sold by the Minister, or if the Minister thinks fit such of the stamps so seized as are found to be genuine may be returned to the person from whose custody or possession the same have been taken with such reasonable amends as the Minister thinks fit to award.

165. If any forged stamps are found in the possession of any Licensed person appointed to sell and distribute stamps or being or having pSsslSnof within a period of six months been licensed to deal in stamps, jj^gu stamps

such person shall be deemed and taken unless the contrary is ^t™5fn

satisfactorily proved to have had the same in his possession contrary i» shown

knowing them to be forged and with intent to sell use or utter them, No. 5204 and shall be liable to all penalties and punishments imposed or s165-inflicted by law upon persons selling using uttering or having in possession forged stamps knowing the same to be forged.

166. (1) Any justice of the peace having jurisdiction in the place where any stamps are known or supposed to be concealed or deposited may, upon reasonable suspicion that the same have been stolen or fraudulently obtained, issue his warrant for the seizure thereof and for apprehending and bringing before himself or any

Proceedings for the detection of stamps stolen or obtained fraudulently. No. 5204 s. 166.

1032 1958. Stamps. No. 6375

other justice within the same jurisdiction the person in whose possession or custody such stamps may be found to be dealt with according to law.

Stamps not satisfactorily accounted for to be condemned and forfeited.

(2) If such person omits or refuses to account for the possession of such stamps or is unable satisfactorily to account for the possession thereof, or if it does not appear that the same were purchased by him at the chief office or from some person duly appointed or authorized to sell and distribute stamps or duly licensed to deal in stamps, such stamps of which no account or no satisfactory account is given or which do not appear to have been so purchased as aforesaid shall be forfeited to Her Majesty and shall be accordingly condemned and delivered over to the Minister.

Destruction of stamps.

Delivery of stamps In certain case*.

(3) Any stamps so condemned shall be kept by the Minister for the space of six months and afterwards cancelled and destroyed or disposed of as the Minister thinks fit:

Provided that if at any time within six months after such condemnation any person makes out to the satisfaction of the Minister that any stamps so condemned were stolen or otherwise fraudulently obtained from him and that the same were purchased by him at the chief office or from some person duly appointed or authorized to sell and distribute stamps or duly licensed to deal in stamps, such stamps may be delivered up to him.

Regulations. No. 5204 s.168.

167. (1) The Governor in Council may make regulations for or with respect to—

(a) prescribing forms for the purposes of this Act including forms of certificates or receipts to be given for fees and duties received, whether in separate form or impressed upon the documents to which such fees or duties relate (and all such forms or forms to the like effect shall be sufficient in l aw) ; and

(b) all matters which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed for carrying out or giving effect to this Act or for the better securing of the revenue of the Crown as it may be affected by this Act.

Publication of regulations.

(2) All regulations made under this Act shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament and a copy of all such regulations shall be posted to each member of Parliament.

1958. Stamps. No. 6375 1033

SCHEDULES.

FIRST SCHEDULE. Section!.

Number of Act. Title of Act. Extent of Repeal.

5204 . . Stamps Act 1946 So much as is not already or otherwise repealed.

5245 . . Stamps (Increased Duty Continuance) Act 1947

The whole.


The whole.

5331 . . Statute Law Revision Act 1948 Item in Schedule referring to Stamps Act 1946.


The whole.

5540 . . Stamps (Cheques) Act 1951 The whole. 5566 . . Stamps (Betting Tax) Act 1951 So much as is not

already repealed. 5581 Stamps (Duties') Act 1951 The whole. 5708 . . Swine Compensation Act 1953 Part I. 5741 . . Bookmakers Act 1953 So much as is not

already or otherwise repealed.

5753 . . Statute Law Revision Act 1953 Item in Schedule referring to Stamps (Betting Tax) Act 1951.

5769 . . Co-operation Act 1953 Section 50. 5793 . . Finance (Racing) Act 1954 So much as is not

already repealed. 5842 . . Transfer of Land Act 1954 Clause 4 of Part II.

of First Schedule. 5958 . . Stamps (Amendment) Act 1956 The whole. 6021 . . Stamps (Cheques and Receipts) Act 1956 The whole. 6045 . . Stamps (Hire-Purchase Agreements) Act

1956 The whole.

6081 . . Stamps Hire-Purchase Agreements (Amendment) Act 1957

The whole.

6104 . . Stamps Act 1957 The whole. 6161 . . State Savings Bank (Amendment) Act

1957 Section 8.

SECOND SCHEDULE.

1. Administration and Probate Act 1958. 2. County Court Act 1958. 3. Justices Act 1958. 4. Marriage Act 1958. 5. Mental Hygiene Act 1958. 6. Mines Act 1958. 7. Public Works Act 1958 Part II. 8. Supreme Court Act 1958.

Sections 4, 5, IS. No. 5842 s. 2; No. 6104 s. 10.

0 0 6 0 1 0 0 1 6 0 2 0

1034 1958. Stamps. No. 6375

\l^9X96, THIRD SCHEDULE. 99 124 131

' ,7fiQ ' There shall be charged and paid for the use of Her Majesty upon and for the s.50 lay several instruments hereinafter specified the several stamp duties hereinafter No. 5958' specified and there shall be charged and paid for the use of Her Majesty upon and N 2 &021 2 ô r ôse several instruments which are hereinafter specified as being chargeable No! 6104 s'li w ' m additional stamp duties the said additional stamp duties:— No! 6161 s! 8.'

I. BILLS OF EXCHANGE AND PROMISSORY NOTES— £ s. d.

(1) BILL OF EXCHANGE payable on demand (.cheque, &c.) 0 0 3

(2) BILL OF EXCHANGE of any other kind whatsoever (except a Bank Note), and PROMISSORY NOTE of any kind whatsoever (except a Bank Note)— drawn or expressed to be payable or actually paid or indorsed or in any manner negotiated in Victoria:

Where the amount or value of the money for which the bill or note is drawn does not exceed £25

Exceeds £25 and does not exceed £50 Exceeds £50 and does not exceed £75 Exceeds £75 and does not exceed £100 Exceeds £100, then for every £50 of the amount or

value and also for any fractional part of £50 of such amount or value . . . . . . 0 1 0

Exemptions— (1) Draft or order drawn by any banker in Victoria upon any other

banker in Victoria not payable to bearer or to order, and used solely for the purpose of settling or clearing any account between such bankers.

(2) Draft order or instrument effecting the transmission of money by or on behalf of any Savings Bank and used solely for the purposes of such bank.

(3) Letter written by a banker in Victoria to any other banker in Victoria directing the payment of any sum of money, the same not being payable to bearer or to order, and such letter not being sent or delivered to the person to whom payment is to be made or to any person on his behalf.

(4) Letter of credit granted in Victoria authorizing drafts to be drawn out of Victoria payable in Victoria.

(5) Cheque drawn by any public officer on any Public, Government, or Departmental Account.

(6) Draft or instrument effecting the transmission of money by to or on behalf of Her Majesty or any Public Department.

(7) Draft order or demand for money in or instrument relating to the withdrawal of money in any Savings Bank (not being a cheque drawn by a depositor on an account in a Savings Bank unless such cheque is exempt under another exemption in this Schedule).

(8) Cheque drawn by any officer of any charitable institution or of any registered building society registered co-operative society registered co-operative housing society or registered friendly society on the banking account of any such institution or society.

(9) Order or letter addressed to any banker or person directing the disposal of interest accruing or accrued on Australian Consolidated Inscribed Stock or Australian Consolidated Treasury Bonds in the custody of such banker or person.

(10) Any Government or Municipal debenture or any debenture of any corporate body incorporated by special Act of Parliament and authorized by any such special Act to issue debentures.

(11) Order signed by a member of the teaching staff of a State school authorizing a head teacher to receive payment of such member's salary or allowances.

1958. Stamps. No. 6375 1035

THIRD SCHEDULE—continued.

(12) Cheque drawn by or on behalf of the representative in Australia of the government of another country, a foreign consul, or a trade commissioner of any part of the British Commonwealth.

£ s. d. II. RECEIPT— No. 5769

Amounting to £2 or upwards . . . . . . 0 0 3 No. 5958* T, .- 8.2(6); Exemptions— No. 6021 s. 3;

(1) Every instrument for effecting the payment of money or for N o - 6 1 0 4 s - 1 2 -

acknowledging any payment or receipt by to or on behalf of Her Majesty or any public department or the Housing Commission or the Commonwealth Savings Bank of Australia or for acknowledging any payment for municipal rates.

(2) Receipt included in any instrument duly stamped under Part II. of this Act acknowledging the receipt of the consideration money therein expressed.

(3) Receipt for money deposited in any bank in current account and not as a fixed deposit for any period.

(4) Receipt for money paid into any charitable institution. (5) Receipt for money paid into any registered building society registered

co-operative society registered co-operative housing society or registered friendly society.

(6) Receipt for money paid to any insurance or assurance company in respect of premiums upon any policy of fire, life, fidelity guarantee or marine insurance or assurance effected therewith.

(7) Receipt for money paid to or into any Savings Bank. (8) Receipt or discharge for the wages or salary of any person not

exceeding £5. (9) Receipt or discharge for any money paid by any friendly or benefit

society for sick pay. (10) Receipt or discharge for water rates amounting to less than £5 paid

to the Melbourne and Metropolitan Board of Works or any authority within the meaning of the Water Act 1958.

(11) Receipt or discharge for any money less than £5 paid to any person by way of gift or gratuity.

(12) Receipt or discharge for any payment of compensation payable under the Workers' Compensation Act 1958.

(13) Acknowledgment solely for accounting or office purposes of any payment—

(a) made by any person to any employe or servant of such person, or by any employe or servant of any person to such person or to any other employe or servant of such person; and

(b) made in the course of the internal administration of the business of such person; and

(c) not being directly or indirectly a payment by way of wages salary bonus allowance commission fee reward or gratuity or in consideration of services rendered or of work or labour done or of goods bought from such person or from any employe or servant of such person.

(14) Release or discharge of the debt of a farmer (other than the discharge of a mortgage (given by a creditor pursuant to a plan of debt adjustment under the Farmers Debts Adjustment Acts.

(15) Receipt for or acknowledgment of any money paid for or in respect of contributions under any Commonwealth Act relating to national health and pensions insurance.

(16) Receipt for money paid to the representative in Australia of the government of another country, a foreign consul, or a trade commissioner of any part of the British Commonwealth.

1036 1958. Stamps. No. 6375


III. BILL OF LADING of or for any goods, merchandise, or effects to be exported— £ s. d.

For every such bill of lading or copy thereof . . . . 0 0 6

No 5769 * V - (A) TRANSFER O F MARKETABLE SECURITIES— s. 50 (c); Upon the transfer of any marketable security or right in respect of shares of No'5903 s! i ' a n v corporation company or society which has a register in Victoria in which No! 6104 ' such marketable securities or rights are registered— s - 1 5 ^ ' (a) where such transfer is made on a sale thereof for a consideration in

money or money's worth of not less than the unencumbered value of the marketable security or the right in respect of shares comprised in the transfer—

where the amount or value of the consideration for the transfer— does not exceed £10—a stamp duty of Sixpence; exceeds £10—a stamp duty of one-quarter per centum of such

amount or value; (6) where such transfer is made partly for a consideration in money or

money's worth of less than the unencumbered value of the marketable security or the right in respect of shares comprised in the transfer—

(i) as to the amount of such consideration— where such amount does not exceed £10—a stamp duty

of Sixpence; where such amount exceeds £10—a stamp duty of

one quarter per centum of such amount; (ii) as to the difference between such amount and such

unencumbered value— the same duty assessed in the same manner and with

the same exemptions as on a deed of settlement or gift of property;

(c) in any other case— the same duty assessed in the same manner and with the same

exemptions as on a deed of settlement or gift of property.

Exemptions— (1) Any transfer of any marketable security or right in respect of shares

which is made— (a) in pursuance of a deed of settlement or gift upon which

stamp duty has been duly paid or upon which under the provisions of this Act no duty is payable; or

{£) to a beneficiary under a will to whom such security or right was bequeathed by the testator or was appropriated as part of the residuary estate of the testator, or to the personal representatives of such beneficiary; or

(c) to a person entitled to such security or right under an intestacy or pursuant to an appropriation thereunder.

(2) Any transfer of shares or of any right in respect of shares in— (a) a company which at the date of the transfer is certified in

the Government Gazette by the Comptroller of Stamps to be engaged solely or principally in the search or mining for gold or petroleum or uranium; or

(b) a company the principal assets of which are at the date of the transfer certified in the Government Gazette by the Comptroller of Stamps to be shares in a company or companies engaged solely or principally in the search or mining for gold or petroleum or uranium; or

(c) a registered co-operative society— on a sale thereof for a consideration in money or money's worth of not less than the unencumbered value of the shares or the right in respect of shares comprised in the transfer, or any transfer (whether for any consideration or not) of shares or rights in respect of shares in any registered co-operative housing society.

1958. Stamps. No. 6375

THIRD SCHEDULE—continued. (3) Any transfer of—

(a) stock debentures or Treasury bonds or Treasury bills of the Government of the United Kingdom or of the Commonwealth of Australia or of Victoria or of any other State of the said Commonwealth, or of any other part of Her Majesty's dominions; or

(6) any State Savings Bank Fixed Deposit Stock debentures or Credit Foncier Debenture Stock issued by the Commissioners of the State Savings Bank of Victoria—

on a sale thereof for a consideration in money or money's worth of not less than the unencumbered value thereof.

(4) Any transfer of any marketable security which is made by any person by way of security or is made by way of retransfer to such person and which is in accordance with the provisions of section thirty-two of this Act stamped by the Comptroller of Stamps with a particular stamp denoting that the instrument is not chargeable with duty.

(5) Any transfer of marketable securities or rights in respect of shares which is executed by the transferor and which is in accordance with the provisions of section thirty-two of this Act stamped with a particular stamp denoting that the instrument is not chargeable with duty, in any case where—

(a) such transfer is executed as transferee by a broker being a member of any recognized stock exchange in the Commonwealth of Australia or by any of his employes for the purpose of enabling such marketable securities or rights to be transferred in more than one parcel to purchasers; and

(6) such marketable securities or rights are so transferred in more than one parcel.

(6) Any transfer hereinafter in this paragraph specified which is in accordance with the provisions of section thirty-two of this Act stamped with a particular stamp denoting that the instrument is not chargeable with duty or which the Comptroller of Stamps by a notice published in the Government Gazette declares to be not chargeable with duty:—

(a) A transfer of any marketable security or right in respect of shares made in consequence of the appointment or retirement of any trustee or other change in trustees and in order to vest the security or right in the trustees for the time being entitled to hold the security or right;

(6) A transfer of any marketable security which is made by a Victorian executor or administrator of a deceased person's estate to an executor or administrator (not being a Victorian executor or administrator) of the same deceased person's estate or vice versa;

(c) A transfer of any marketable security held by a company where such transfer is made to a shareholder of the company in the course of any distribution of assets of the company in consequence of the winding up of the company or of the reduction of the capital of the company;

(d) A transfer of any marketable security executed by the transferor in any case where such transfer is executed as transferee by a broker being a member of any recognized stock exchange in the Commonwealth of Australia or by any of his employes for the purpose of safeguarding the interests of a purchaser of such marketable security in regard to dividends payable to the purchaser in respect of such marketable security or in regard to a new issue or bonus issue of shares to the purchaser in respect of such marketable security, and the subsequent transfer from such broker or employe of such marketable security or of such marketable security together with the new issue or bonus issue of shares (as the case may be) to the person beneficially entitled thereto shall be liable only to the duty appropriate to the consideration moving to the original transferor;

1958. Stamps. No. 6375


(e) A transfer of any right in respect of shares executed by the transferor where such transfer is executed as transferee by a broker being a member of any recognized stock exchange in the Commonwealth of Australia or by any of his employes for the purpose of safeguarding the interests of a purchaser in respect of marketable securities arising therefrom, and the subsequent transfer from such broker or employe' of the marketable securities arising from such rights to the person beneficially entitled thereto shall be liable only to the duty appropriate to the consideration moving to the original transferor;

(/) A transfer of any marketable security or right in respect of shares from a nominee or trustee to the person beneficially entitled thereto where such person has contributed the purchase money therefor and either a duly stamped transfer has been executed in respect thereof to such nominee or trustee or such nominee or trustee has acquired it upon the first issue thereof;

(g) A transfer of any marketable security or right in respect of shares made by the transferor to a trustee or nominee to be held solely as trustee or nominee of the transferor without any change in beneficial ownership or made by way of re-transfer to such transferor;

(A) A transfer of any marketable security or right in respect of shares which is made for the sole purpose of—

(i) vesting it in the transferee for sale and delivery; (ii) effecting its return to the transferee from whom it

has been previously borrowed;

(iii) qualifying the transferee as nominee director to act and vote on behalf of a holding company as it directs or re-transferring it to such company; or

(iv) rectifying an error;

(i) A transfer of any marketable security or right in respect of shares to Her Majesty (in right of the State of Victoria or of the Commonwealth of Australia);

(/) A transfer of any marketable security or right in respect of shares made by or on behalf of a transferor outside Australia to a trustee or nominee in Victoria as part of a scheme or arrangement approved by the Treasurer to facilitate dealings outside Australia in any entitlement founded upon or arising out of such marketable security or right.

( B ) DIRECTION AS TO ISSUE OR ALLOTMENT OF SHARES—

Any instrument being a direction, given to any company within the meaning of the Companies Act 1938 by any person—

(i) who; or (ii) the nominees of whom; or

(iii) who or whose nominees; or (iv) who and whose nominees— -

is or are entitled to have issued or allotted to him or to them or to him or them or to him and them any shares in the company, to issue or allot any such shares to his nominees or to any other person (other than himself or his trustee or legal personal representative)—

Where the direction is given to effectuate a gift or voluntary disposition —the same duty assessed in the same manner and with the same exemptions •as on a deed of settlement or gift of property; in other cases—the same duty as on a transfer of marketable securities referred to in sub-heading (A) under this heading.

1958. Stamps. No. 6375 1039

THIRD SCHEDULE—continued. Exemption—

Any instrument being a direction for the issue or allotment of shares in— (a) a company which at the date of the transfer is certified in the

Government Gazette by the Comptroller of Stamps to be engaged solely or principally in the search or mining for gold or petroleum or uranium; or

(6) a company the principal assets of which are at the date of the transfer certified in the Government Gazette by the Comptroller of Stamps to be shares in a company or companies engaged solely or principally in the search or mining for gold or petroleum or uranium; or

(c) any company where such direction is given by the underwriter in any contract for underwriting shares upon the first issue thereof by the company—

made for consideration in money or money's worth of not less than the unencumbered value of the shares directed to be issued or allotted.

V. ANY CERTIFICATE, RECEIPT, OR ACKNOWLEDGMENT issued by or on behalf of the proprietor or occupier of any warehouse or store for any goods stored therein—

£ s. d. Certificate, Receipt, or Acknowledgment . . . . 0 0 1

VI. (A)—CONVEYANCE OR TRANSFER ON SALE OF ANY REAL PROPERTY OR ANY

ESTATE OR INTEREST THEREIN—

Where the amount or value of the consideration for the sale exceeds £10— £ s. d.

In respect of such consideration for every £50, and also for any fractional part of £50 . . 0 10 0

Exemptions— (1) Any grant from the Crown of Ciown lands in Victoria. (2) Every instrument for the conveyance or transfer of any real property

or any estate or interest therein to Her Majesty (in right of the State of Victoria or of the Commonwealth of Australia) or to the Board of Land and Works or to the Commonwealth Savings Bank of Australia or to any public department of the State of Victoria or of the Commonwealth of Australia or to any person on behalf of any of the same.

(3) Any instrument dedicating a free and perpetual right of way to the use of the public and not containing any provision by which such instrument could otherwise become liable to duty.

(4) Any conveyance or transfer of real property or any estate or interest therein to or in trust for any registered friendly society or any corporation or body of persons associated for religious charitable or educational purposes, and any instrument for declaring or defining the trust or for appointing new trustees in respect of the real property estate or interest so conveyed or transferred.

(5) Any instrument for the conveyance or transfer of any real property or any estate or interest therein by The Commissioners of the State Savings Bank of Victoria to any purchaser within the meaning of section seventy-three of the State Savings Bank Act 1958 or any corresponding previous enactment or to the personal representative of any such purchaser which is an instrument for the conveyance or transfer of real property or any estate or interest therein acquired by the said Commissioners from such purchaser.

(6) Any instrument executed on or after the sixth day of March One thousand nine hundred and nineteen for the conveyance or transfer of any real property or any estate or interest therein by the Director of War Service Homes to any purchaser within the meaning of section four of the Commonwealth Act known as the War Service Homes Act 1918-1956 and any amendments thereof or to the personal representative of any such purchaser which is an instrument for the conveyance or transfer of real property or any estate or interest therein acquired by the said Director from such purchaser.

No. 5581 s. 2; No. 5769 s. 50 (d), No. 6104 s. 18.

As to leases see heading VIII. (.infra). As to exchange see s. 65.

1040 1958. Stamps. No. 6375


(7) Any instrument for the conveyance of property or any interest therein to the Housing Commission.

(8) Any instrument for the conveyance or transfer of real property acquired by any community settlement society within the meaning of the Co-operation Act 1958 for the objects of that society.

(9) Any instrument for the conveyance or transfer of any real property or any estate or interest therein to the representative in Australia of the government of another country, a foreign consul, or a trade commissioner of any part of the British Commonwealth.

No. 6104 s. 19. (B)—LAND TRANSFER—Under the Transfer corresponding previous enactment-

(1) Upon every direction under Division one of Part II. or Division five or six of Part IV. of the Transfer of Land Act 1958 for the certificate of title to issue to any person other than the applicant on a sale of the land mentioned or referred to in the direction

(2) Upon every consent to an application whereby the consenting party relinquishes any estate or interest for valuable consideration

(3) Upon every application to bring land under the Act by any person who has purchased such land without having paid the duty in respect of a conveyance or transfer thereof to him

(4) Upon every transfer of land on a sale thereof

of Land Act 1958—or any

Where the amount £ s. d or value of the consideration for the sale exceeds £10—

In respect of such consideration for every £50, and also for any fractional part of £50 0 10 0

Exemptions—

The same exemptions as on conveyance or transfer on sale of any real property or any estate or interest therein.

No. 53318.2. VII. PARTTTTON or division of any real property or any estate or interest therein where any consideration is given for equality: Instruments for effecting same—

Where the amount or value of the consideration paid or given or agreed to be paid or given for equality exceeds £10—

In respect of such consideration for every £50, and also for any fractional part of £50

£ s. d.

0 5 0

And on and after the 1st July, 1915, additional duty equal in amount to such duty.

No. 6104 3.23. VIII. LEASE or agreement for a lease of any lands or tenements for any definite or indefinite term—

(1) Where the consideration or any part of the consideration not being by way of rent moving either to the lessor or to any other person consists of any money or marketable security—

in respect of such consideration for every £50, and also for any fractional part of £50 0 10 0

1958. Stamps. No. 6375 1041


(2) Where the consideration or any part of the consideration is any rent—

(a) in respect of a lease for any definite term of less than twelve months, exceeding in the aggregate £65—

in respect of such consideration for every £50, and also for any fractional part of £50 0 2 6

(6) in respect of a lease for any definite term of not less than twelve months, at a rate exceeding £65 per annum—

in respect of the total of such consideration for the full term of the lease, for every £50, and also for every fractional part of £50 . . . . . . . . 0 2 6

(c) in respect of a lease for any indefinite term, at a rate exceeding £65 per annum—

in respect of such consideration whether reserved as a yearly rent or otherwise, for every £50, and also for every fractional part of £50 per annum . . . . 0 5 0

(3) Partition or division of the interest of a lessee under a lease of lands or tenements, where any consideration is given for equality: Instrument for effecting same—

where the amount or value of the consideration paid or given or agreed to be paid or given for equality exceeds £10—

in respect of such consideration for every £50, and also for any fractional part of £50 . . 0 10 0

(4) For every transfer or assignment (otherwise than by way of gift) of any lease—

(a) where the lease is for a definite term— in respect of each year and fractional part of a year of

the unexpired portion of the term, 5s., and in addition in respect of each £50 and fractional part of £50 of the yearly rent payable at the date of the transfer or assignment whether reserved as a yearly rent or otherwise, 5s.;

(b) where the lease is for an indefinite term— £1 5s., and in addition in respect of each £50 and

fractional part of £50 of the yearly rent payable at the date of the transfer or assignment whether reserved as a yearly rent or otherwise, 5s.

(5) For every transfer or assignment by way of gift of any lease— the same duty assessed in the same manner and with the same

exemptions as on a deed of settlement or gift of property.

Exemptions— (1) Any mining lease or any transfer or assignment thereof or any

agreement for the right to enter upon or occupy and use any land for mining purposes.

(2) Any lease granted to Her Majesty (in right of the State of Victoria or of the Commonwealth of Australia) or the Board of Land and Works or any public department of Victoria or of the Commonwealth of Australia or the State Savings Bank of Victoria or the Commonwealth Savings Bank of Australia or any person on behalf of any of the same.

(3) Any lease granted to any registered friendly society or for religious charitable or educational purposes or to any corporation or body of persons associated for any such purpose.

1042 1958. Stamps. No. 6375


(4) Any sub-lease or assignment of a lease made by any person by way of security or any re-assignment thereof to such person.

(5) Any lease granted to the representative in Australia of the government of another country, a foreign consul, or a trade commissioner of any part of the British Commonwealth.

IX. SETTLEMENT OR GIFT, DEED OF—

(1) Any instrument, other than a will or codicil, whether voluntary or upon any good or valuable consideration other than a bona fide adequate pecuniary consideration and whether revocable or not whereby any property is settled or agreed to be settled in any manner whatsoever or is given or agreed to be given or directed to be given in any manner whatsoever.

(2) Any instrument declaring that the property vested in the person executing the same shall be held in trust for the person or persons mentioned therein.

(3) Any instrument whereby an existing trust created verbally is acknowledged evidenced or recorded either by the creator of the trust or by the trustee in any case where, if the trust had originally been created by an instrument, stamp duty would have been chargeable upon such instrument under either paragraph (1) or paragraph (2 ) under this heading—

Per cent. £ s. d.

Where the value of the property does not exceed £1,000 1 0 0 When, the value of the property exceeds £1,000 and

does not exceed £5,000 . . . . . . 1 10 0 Where the value of the property exceeds £5,000 and




does not exceed £100,000 . . . . . . 4 0 0 Where the value of the property exceeds £100,000 . . 5 0 0

Exemptions— (1) Any deed of settlement or deed of gift so far as it relates to any

property situate beyond the limits of Victoria. (2) Any deed of settlement or deed of gift made before and in

consideration of marriage where the parties to the marriage and their issue or any of them are the sole beneficiaries or where if there are other beneficiaries the Comptroller of Stamps is satisfied that the marriage is the sole and real consideration for the benefits conferred.

(3) Any instrument whereby any property is settled or agreed to be settled or is given or agreed to be given for any religious charitable or educational purpose or in trust for or to any corporation or body of persons associated for any such purpose so far as the instrument relates to property so settled agreed to be settled or given or agreed to be given.

(4) Any instrument whereby any money or property is given or agreed to be given to or which establishes or regulates or relates to the establishment or regulation of any fund or scheme established for the principal purpose of making provision by way of superannuation payments, annuities, pensions, gratuities, allowances, lump sum payments, benefits, assistance or the like for the directors officers servants or employes of any employer or employers on the termination of their office or service whether by death or otherwise or on their withdrawal from membership of such fund or scheme

1958. Stamps. No. 6375 1043


or during their incapacity for work attributable to illness or accident or for die widows or children or dependants or legal personal representatives of any such directors officers servants or employes or for any persons duly selected or nominated for that purpose pursuant to the provisions of such fund or scheme.

(5) Any instrument whereby any shares or rights in respect of shares in any registered co-operative housing society are settled on or given to any person.

X. POWER OF ATTORNEY— No. 6104 s. 32. £ s. d.

(1) For the receipt of the interest or dividend on any stock or shares—

where made for the receipt of one payment only . . 0 5 0 in any other case . . . . . . . . 0 10 0

(2) For the receipt of any sum of money, or any bill of exchange or promissory note for any sum of money, not exceeding £50, or any periodical payments not exceeding the annual sum of £10 (not being interest or dividends on stocks or shares) . . . . . . . . 0 10 0

(3) Of any kind whatsoever not hereinbefore described 1 0 0

Exemptions— (1) Any instrument for the sole purpose of appointing a proxy to vote at a

meeting. (2) Any power of attorney solely for the receipt of dividends, in respect of

the stock or funds of the Government of Victoria, or for the sale purchase or transfer of any definite and certain share of such stock or funds.

(3) Any order or authority authorizing any person to lodge a specific application for land under the Land Act 1958 or the Closer Settlement Act 1938 or to deal with any such land, or to pay or receive any specific sum in connexion therewith, or any order or authority given by persons receiving advances under any Act relating to advances to cultivators.

(4) Any order or authority for the receipt of any moneys payable under the order of any stipendiary magistrate justice court of petty sessions or children's court.

XI. ANNUAL LICENCE— N o . 5390 To be taken out by any company person or firm of persons whether corporate ^ (

5^-, or unincorporate carrying on in Victoria any fire fidelity guarantee or s. 3(1). marine assurance or insurance business whatever, and whether the head office or principal place of business of such company person or firm of persons is in Victoria or elsewhere—

£3 for every £100 or part of £100 of premiums of any kind whatsoever received or in any manner charged in account by any such company person or firm or by its his or their agents during the twelve months preceding the year for which such licence is taken out. Such premiums shall be the gross premiums and be counted so as to include any commission or discount, but to exclude any portion of such gross premiums actually paid away by way of re-insurance effected in Victoria with any other such company person or firm, and the duty in respect of any one annual licence shall not in any case be less than £100.

Exemptions— (1) Any private guarantee fidelity insurance scheme promoted amongst and

sustained solely for the benefit of the officers and servants of any one particular public department company firm or person, and not extended either directly or indirectly beyond such officers and servants.

(2) Any such scheme promoted amongst and sustained solely for the benefit of the officers and members of any registered friendly society or branch, and not extended either directly or indirectly beyond such officers and members.

1044 1958. Stamps. No. 6375


No. 5741 XII. BOOKMAKERS' CERTIFICATES, BOOKMAKERS' CLERKS' CERTIFICATES AND

* 15 (m). AUTHORITIES. (1) Any bookmaker's certificate issued with respect to race-meetings—

(a) On the Flemington race-course if such certificate is for— the grand-stand enclosure . . . . . . . . £50 the Hill . . . . . . . . . . . . £20 the Flat . . . . . . . . . . . . £10

(b) On the Caulficld race-course if such certificate is for— the grand-stand enclosure . . . . . . . . £50 the Guineas . . . . . . . . . . £20 the Flat . . . . . . . . . . . . £10

(c) On the Royal Showgrounds race-course at Ascot Vale if such certificate is for—

the grand-stand enclosure . . . . . . . . £30 any other part of the race-course grounds . . . . £10

(d) On the Werribee race-course if such certificate is for— the grand-stand enclosure . . . . . . . . £5 any other part of the race-course grounds . . . . £2

(e) On other race-courses within a radius of twenty miles from the General Post Office, Melbourne, if such certificate is for—

the grand-stand enclosure . . . . . . . . £40 the South Hill or the Flat on the Moonee Valley race-course £15 any other part of the race-course grounds . . . . £10

(f) On race-courses not hereinbefore provided for . . . . £15 (2) Any bookmaker's certificate issued with respect to shooting contests

held on sports grounds . . . . . . . . . . £10 (3) Any bookmaker's certificate issued with respect to sports on sports

grounds— (a) With respect to that type of dog racing known as speed coursing

if such certificate is for— sports grounds within a radius of twenty miles from the

General Post OfSce, Melbourne . . . . . . £25 sports grounds outside a radius of twenty miles from the

General Post Office, Melbourne . . . . . . £10 (6) With respect to any other sports . . . . £5

(4) Any authority for a shooting contest issued to any bookmaker . . £2 (5) Any bookmaker's clerk's certificate . . . . . . £1 (6) Any replacement bookmaker's certificate issued on the loss or destruction

of a bookmaker's certificate and any replacement bookmaker's clerk's certificate issued on the loss or destruction of a bookmaker's clerk's certificate . . £1

(7) Notwithstanding anything in the foregoing where any bookmaker's certificate or bookmaker's clerk's certificate referred to in paragraphs (1) (2) (3) or (5) under this Heading XII. is issued after more than six months of the period in respect of which stamp duty is payable has expired the duty payable shall be half the amount that would otherwise be payable as aforesaid.

N o 5 7 4 1 XIII. BOOKMAKER'S TEMPORARY CERTIFICATES— a. I5(m). £ *• d.

Any bookmaker's temporary certificate . . . . . . 1 1 0

Exemption— Where the stamp duty has been duly paid upon any bookmaker's

temporary certificate in relation to any substitute licence or substitute permit issued to any person by any racing club or any person having the management or control of a race-course or any promoter of any sports on a sports ground in respect of any period, duty shall not be chargeable upon any other bookmaker's temporary certificate issued to such first-mentioned person in relation to any substitute licence or substitute permit issued to him by any other racing club or person having the management or control of a race-course or promoter of sports on a sports ground in respect of the same period.

1958. Stamps. No. 6375 1045


XIV. BETTING-TICKETS—

Any betting-ticket issued by a bookmaker on any race-course within twenty miles of the Post Office at the corner of Bourke and Elizabeth streets, Melbourne—

in the grand-stand enclosure, including that portion of the Royal Showgrounds race-course at Ascot Vale known as " A " ring . . . . . . . . . . 0

in that portion of the race-courss grounds known as the Hill on the Flemington race-course, as the Guineas on the Caulfield race-course, as " B " ring on the Royal Showgrounds race-course at Ascot Vale or as the South Hill or the Flat on the Moonee Valley race-course . . 0 elsewhere in the race-course grounds . . . . 0

Any betting-ticket issued by a bookmaker on any i ace-course not being within twenty miles of the said Post Office—

in the grand-stand enclosure . . . . . . 0 elsewhere in the race-course grounds . . . . 0

Any betting-ticket issued by a bookmaker— on any sports ground within twenty miles of the said Post

Office . . . . . . . . . . 0 on any other sports ground in Victoria . . . . 0

d. No. S793 s. 5 (1) ( c ) .

0 2

1 0i

1 0i

1 Oi

For the purposes hereof the expression " grand-stand enclosure " means with respect to any race-course not being within twenty miles of the said Post Office ihe whole of the enclosed race-course in any case where there is only one enclosure open for the admission of the public.

XV. BOOKMAKERS' STATEMENTS—

Upon any bookmaker's statement furnished to the Comptroller of Stamps by any bookmaker in respect of bets made by the bookmaker as such, whether the amount wagered by the backer in any such bet is or is not paid to the bookmaker at the time the bet is made:—

(a) in respect of the aggregate of the amounts wagered by the backers in all such bets made at the Flemington race-course, the Caulfield race-course, the Moonee Valley race-course and the Royal Showgrounds race-course at Ascot Vale—an amount equal to Two per centum of the said aggregate;

(fc) in respect of the aggregate of the amounts wagered by the backers in all such bets made at all other race-courses and sports grounds in Victoria—an amount equal to One and a half per centum of the said aggregate; and

(c) in respect of all such bets made on any race-course or sports ground in Victoria in relation to which betting-tickets have not been issued by the bookmaker— an amount equal to the sum which the bookmaker would have been required to pay in stamp duty if he had issued in respect of all such bets betting-tickets on the appropriate race-course or sports ground and in the appropriate part thereof as provided in and under heading XIV. of this Schedule.

For the purposes hereof—

the amount of any bet which is cancelled or called off in accordance with any relevant rule practice or direction of a racing club or sports promoter shall not be included in any such aggregate; and

a bet for a win and a place or a " double " or " treble " or other similar bet shall be deemed one bet only."

No. 5793 8 . 5 ( 1 ) (c) .

1046 1958. Stamps. No. 6375


No 6104 s 41 XVI. COUNTERPART OF INSTRUMENT— £ s. d.

For every counterpart of any instrument chargeable with duty pursuant to this Third Schedule unless stamped as one original instrument . . 0 5 0

XVII. STATEMENTS ON SALES OF CATTLE—

Any statement written out or caused to be written out by the owner of cattle or his agent pursuant to the provisions of the Cattle Compensation Act 1958 in respect of the sale of any cattle, whether payment of the purchase money in respect of any such sale is or is not made in full at the time of the sale or is to be made by instalments or is otherwise deferred—

For every £1 and also for any fractional part of £1—

(a) of the amount of the purchase money in respect of one head of cattle sold singly; or

(6) of the total amount of the purchase money in respect of any number of cattle sold in one lot—

a stamp duty of One penny: Provided that the stamp duty in respect of the amount of the purchase money of any one head of cattle whether sold singly or as part of a lot shall not exceed Two shillings and one penny.

Under this heading XVII., " cattle " means any bull cow ox steer heifer or calf.

No. 5708 s. 3. XVIII. STATEMENTS ON SALES OF PIGS—

Any statement written out or caused to be written out by the owner of any pig or by the agent of the owner pursuant to the provisions of Part I. of the Swine Act 1958 in respect of the sale of any pigs, whether payment of the purchase money in respect of any such sale is or is not made in full at the time of the sale or is to be made by instalments or is otherwise deferred—

For every £1 and also for any fractional part of £1—

(a) of the amount of the purchase money in respect of one pig sold singly; or

(b) of the total amount of the purchase money in respect of any number of pigs sold in one lot—

a stamp duty of Two pence: Provided that the stamp duty in respect of the amount of the purchase money of any one pig whether sold singly or as part of a lot shall not exceed Three shillings and four pence.

Under this heading XVIII., " pig " means any boar sow barrow or sucker.

£ s. d. Section 132. XIX. INSTRUMENT OF HIRE-PURCHASE— No. 6045 s. 3. Where the purchase price does not exceed £100—for every £5

of the purchase price and also for any fractional part of £5 of the purchase price . . . . . . 0 1 0

Where the purchase price exceeds £100—for every £25 of the purchase price and also for any fractional part of £25 of the purchase price . . . . . . . . 0 5 0

Exemption— Any instrument of hire-purchase where the purchase price is

less than £10.

1958. Stamps. No. 6375 1047


XX. EASEMENTS— No. 6i04s. jo. £ s. d.

For every creation or surrender of an easement . . 1 0 0

Exemption—

Creation or surrender of an easement in favour of or to Her Majesty (in right of the State of Victoria or of the Commonwealth of Australia) or the Board of Land and Works or any public department of the State of Victoria or of the Commonwealth of Australia or the Housing Commission or the State Savings Bank of Victoria or the Commonwealth Savings Bank of Australia or the Melbourne and Metropolitan Board of Works or any person on behalf of any of the same or any community settlement society within the meaning of the Co-operation Act 1958.

FOURTH SCHEDULE. Sectionals 96, 110.

Form of Annual Licence to be issued to any Company Person or Firm of Persons whether corporate or unincorporate who or which carries on or desires to carry on in Victoria any Fire Fidelity Guarantee or Marine Assurance or Insurance Business.

Name of company person or firm to whom licence granted— Nature of business— Amount of premiums of any kind whatsoever received or in any manner charged

in account by such company person or firm during the year ending 31st December 19 ,,

Period over which licence extends— year ending 31st December 19 This is to certify that is a company [person or firm of

persons] duly licensed under the provisions of Part n . of the Stamps Act 1958 to carry on in Victoria fire [fidelity guarantee or marine] assurance and insurance business during the above-named period.

Dated at the office of the Comptroller of Stamps at Melbourne this day of One thousand nine hundred and

Duty Stamp. A.B.,

Comptroller of Stamps. NOTICE.—This licence must be given up and a fresh licence applied for on or before the last day of February next as provided by Part II. of the Stamps Act 1958.