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THE STAMP ACTS, 1894 to 1968

Stamp Act, 1894, 58 Vic. No. 8

Amended by Criminal Code Act, 1899, 63 Vic. No.9 Stamp Act Amendment Act of 1904, 4 Edw. 7 No. 14 Statute Law Revision Act of 1908, 8 Edw. 7 No. 18 Companies Acts Amendment Act of 1909, 9 Edw. 7 No. 13 Stamp Act Amendment Act of 1918, 9 Geo. 5 No. 11 Stamp Acts Amendment Act of 1926, 17 Geo. 5 No. 10 Stamp Acts Amendment Act of 1928, 19 Geo. 5 No. 13 Stamp Acts Amendment Act of 1929, 20 Geo. 5 No. 21 Stamp Acts Amendment Act of 1930, 21 Geo. 5 No. 49 Stamp Acts Amendment Act of 1940, 4 Geo. 6 No. 23

313

Financial Arrangements and Development Aid Act of 1942, 6 Geo. 6 No. 26

Stamp Acts Amendment Act of 1950, 14 Geo. 6 No. 10 Stamp Acts Amendment Act of 1954, 3 Eliz. 2 No. 44 Stamp Acts Amendment Act of 1955, 4 Ellz. 2 No. 44 Stamp Acts Amendment Act of 1956, 5 Ellz. 2 No. 13 Stamp Acts Amendment Act of 1958, 7 Ellz. 2 No. 44 Stamp Acts Amendment Act of 1959, 8 Ellz. 2 No. 42 Stamp Acts Amendment Act of 1961, 10 Ellz. 2 No. 21 Stamp Acts Amendment Act of 1962, No. 28 Stamp Acts Amendment Act of 1963, No. 35 Stamp Acts Amendment Act of 1964, No. 62 Stamp Acts Amendment Act of 1965, No. 46 Decimal Currency Act of 1965, No. 61, s. 10, First Schedule Stamp Acts and Another Act Amendment Act of 1966, No. 15 Stamp Acts Amendment Act of 1968, No. 11

An Act for granting certain Stamp Duties in lieu of Duties of the same kind now payable under various Acts, and Consolidating and Amending Provisions relating thereto

[Assented to 23 October 1894]

1. Short title and commencement of Act. This Act may be cited as "The Stamp Act, 1894," and shall come into operation on the first day of November, one thousand eight hundred and ninety-four, which date is hereinafter referred to as the commencement of this Act.

Collective title conferred by Act of 1968, No. II, s. 1 (3).

314 STAMP DUTIES Vol. 16

2. Definitions. In this Act, unless the context otherwise requires-The expression "Commissioner" means the Commissioner of Stamp

Duties under this Act, and includes the Assistant Commissioner of Stamp Duties;

The expression "Inspector" means an officer appointed b~ the Governor in Council under the provisions of this Act to inspect documents and instruments;

The expression "Material" includes every sort of material upon which words or figures can be expressed;

The expression "Minister" means the Attorney-General or other Minister of the Crown charged for the time being with the administration of this Act;

The expression "Instrument" includes any written or printed document; and when the original or duplicate original is not available, includes any copy thereof;

The expression "Stamp" means as well a stamp :'mpressed by means of a die as an adhesive stamp;

The expression "Stamped," with reference to instruments and material, applies as well to instruments and material impressed with stamps by means of a die as to instruments and materials having adhesive stamps affixed thereto;

The expression "Executed," with reference to instruments, means signed by or on behalf of anyone or more of the parties thereto, or, in the case of a corporation, signed on behalf of such corporation or sealed with its seal; and "Execution" has a meaning corresponding thereto;

The expression "Money" includes all sums expressed in British or in any foreign or colonial currency;

The expression "Charter Party" includes any agreement or contract for the charter of any ship or vessel, or any memorandum, letter, or other writing between the captain, master, or owner of any ship or vessel and any other person for or relating to the freight or conveyance of any money, goods, or effects on board of the ship or vessel;

The expression "Die" includes any plate, type, tool, or implement whatever used under the direction of the Commissioner for expressing or denoting any duty, or a rate of duty, or the fact that any duty or rate of duty or penalty has been paid, or that an instrument is duly stamped, or is not chargeable with any duty or for denoting any fee, and also any part of any such plate, type, tool, or implement;

The expression "Stock" means any share in stocks or funds of the Imperial Government or of the Commonwealth of Australia or of any foreign or colonial State or Government, or in the capital, stock, or funded debt of any British, foreign, or colonial company, corporation, or society;

The expression "Policy of Insurance" includes every writing whereby any contract of insurance is made or agreed to be made or is evidenced; and the expression "Insurance" includes assurance;

The expression "Policy of Life Insurance" means a policy of insurance upon any life or lives or upon any event or contingency relating to or depending upon any life or lives, except a policy of insurance against accident;

STAMP ACTS, 1894 TO 1968 s.2 315

The expression "Policy of Assurance against Accident". means a policy of insurance (other than under "The Workers' CompensatIOn Act of 1916") for any payment to be made upon the death of any person only from accident or violence or otherwise than from a natural cause or as compensation for personal injury, and includes any notice or advertisement in a newspaper or other publication which purports to insure the payment of money upon the death of or injury to the holder or bearer of the newspaper or publication containing the notice only from accident or violence or otherwise than from a natural cause;

"Policy of marine insurance"-Any insurance made upon any ship or vessel or upon the machinery, tackle, or furniture of any ship or vessel, or upon any goods, merchandise, or property of any description whatever on board of any ship or vessel, or upon the freight of or any other interest which may be lawfully insured in or relating to any ship or vessel, and includes any insurance of goods, merchandise, or property for any transit which includes not only a sea risk but also any other risk incidental to the transit insured from the commencement of the transit to the ultimate destination covered by the insurance;

The expression "Marketable security" means-(a) any stock or share of any local authority or other corporation

or company or society; (b) any debenture, debenture stock, bond, note or other security

of a Government or of any local authority or other corporation, company or society, whether constituting a charge on the assets of the Government, local authority or other corporation, company or society or not; and

(c) any right or interest (whether described as a unit or subunit or otherwise) of a beneficiary under a unit trust scheme;

The expression "religious body" means such a body in Queensland appertaining to any of the following religious denominations, namely:

(a) Church of England; Roman Catholic; Presbyterian; Methodist; Lutheran; Baptist; Congregational; Salvation Army; Church of Christ; and

(b) Any other religious denomination to which the Governor in Council (who is hereby thereunto authorized), by Order in Council published in the Gazette, specifies that this section applies whilst such Order in Council continues in force (it being hereby declared that such an Order in Council may be revoked by the Governor in Council by Order in Council published in the Gazette);

The expression "Settlement" means any contract, deed, or agreement (whether voluntary or upon any good or valuable consideration other than a bona fide pecuniary consideration) whereby any property, real or personal, is settled or agreed to be settled in any manner whatsoever;

The expression "Deed of Gift" means and includes-(a) Every deed of gift or instrument by way of gift transferring or

purporting to transfer property absolutely made or executed on or after the first day of November, one thousand nine hundred and eighteen;


(b) Every conveyance, transfer, or other disposition of property made or executed on or after the first day of November, one thousand nine hundred and eighteen, containing trusts or dispositions to take effect during the life of the donor, and not being made before and in consideration of the marriage of the donor, or in favour of a bona fide purchaser or incumbrancer for valuable consideration in money, and whether or not the property comprised in such deed is subject to any limitation;

(c) Every deed or instrument whereby any person directly or indirectly conveys, transfers, or otherwise disposes of property to or for the benefit of any person connected with him by blood or marriage, in consideration or with the reservation of any benefit or advantage to or in favour of himself or any other person, whether by way of rent-charge, or life or any other estate or interest in the same or any other property, or by way of annuity or other payment or otherwise howsoever, and whether such benefit or advantage is charged on the property comprised in such deed or instrument or not; and, in assessing the duties payable in respect of such property, no deduction shall be made in respect of such benefit or advantage;

The expression "Donor" means the person making any deed of gift; The expression "Bill of Lading" means any instrument signed by

the master, mate, or other person in charge of any vessel, or by the agent, shipping clerk, or other person acting as such for such vessel, acknowledging the receipt of goods, wares, or merchandise for conveyance therein to any place beyond the Colony;

"Prescribed" means prescribed by this Act or by any regulations made thereunder.

The expression "hiring agreement" means an agreement, induding any instrument constituting or evidencing the terms and conditions of an agreement, for the letting or hiring of goods.

The expression does not include any agreement, or any instrument constituting or evidencing the terms and conditions of any agreement, which is defined by section 32A of this Act to be an instalment purchase agreement for the purposes of that section or, where such an instalment purchase agreement is constituted by two or more agreements, any of such agreements or any instrument constituting or evidencing the terms and conditions of any of such agreements.

For the purposes of this definition "goods" includes all chattels personal other than money and things in action.

The expression "Application for registration" means the application prescribed by the regulations under "The Main Roads Acts, 1920 to 1965," for the issue of a certificate of registration in respect of a motor vehicle in accordance with those. regulations.

The expression does not include an application for the issue of a certificate of registration or renewal of registration in accordance with those regulations in respect of a motor vehicle made by the person in whose name such motor vehicle was last registered (whether in Queensland or elsewhere) before the date upon which the application is made;

STAMP ACTS, 1894 TO 1968 5.2 317

The expression "Application for transfer of registration" means the application (called the form of notification) prescribed by the regulations under "The Main Roads Acts, 1920 to 1965," for the issue of a certificate of transfer of registration in respect of a motor vehicle in accordance with those regulations by reason of the transfer of the ownership of such motor vehicle;

The expression "Motor vehicle" means a motor vehicle as defined by the regulations under "The Main Roads Acts, 1920 to 1965" other than a trailer or caravan trailer as respectively defined by those regulations.

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 3: Act of 1926, 17 Geo. 5 No. 10, s. 2; Act of 1958, 7 Eliz. 2 No. 44, s. 2; Act of 1961, 10 Eliz. 2 No. 21, s. 2; Act of 1962, No. 28, s. 2; Act of 1965, No. 46, s. 2; Act of 1966, No. 15, s. 3.

Acts referred to: Workers' Compensation Acts, 1916 to 1966, title LABOUR, Vo!. 8,

p. 757. Main Roads Acts, 1920 to 1968, title ROADS, Vo!' 15, p. 43.

The word "Commissioner" was substituted for "Commissioners" wherever it occurred in this Act or any Act amending the same by Stamp Act Amendment Act of 1918, s. 6 (4), p. 418, post. The same subsection also directed that in any Act reference to the "Commissioners of Stamps" or the "Chief Commissioner of Stamps" should be deemed to be to the Commissioner of Stamp Duties and such reference should be amended accordingly, and in every case where words related in the plural number to the Commissioners, words relating in the singular number to the Commissioner should be substituted.

"Commissioner"-As to the Deputy Commissioners, see also s. 7. "Instrument"-The instrument is primarily not the material but what is written

on it, Dent v. Moore (1919),26 C.L.R. 316. "Stamp"-For when a stamp must be impressed, see s. 13, and note thereto. "Executed"-lt was held that a conveyance which was signed by the assignee

before it was signed by the assignor was first executed when signed by the assignor, for it did not become a conveyance at all until so signed, Ex parte Burrows (1906), 6 S.R.(N.S.W.) 606.

"Money"-Where an instrument is chargeable with duty in respect of foreign or colonial currency, see s. 17.

"Charter Party"-For specific provisions, see ss. 26, 33. "Stock"~Shares in companies are included, Croydon COTlsois Ltd. v. Comrs.

for Stamps (1900), 10 Q.L.I. 28. "Policy of insurance"-For specific provisions relating to policies, see ss. 46

et seq., and First Schedule, post. For cases, see 29 English and Empire Digest, (Rp!.), pp. 358, 366.

See also Sergeant on Stamp Duties, 4th ed., p. 170. "Policy of assurance against accident"-For specific provisions see ss. 46

47, 48A. ' , "Policy of life insurance"-see Sergeant on Stamp Duties, 4th ed., p. 172. "Policy of marine insurance"-As to policies in sets, see s. 46 (4), (5).

As to contracts of marine insurance and marine policies, see also Marine Insurance Act 1909, ss. 7-9, 28 et seq. (Commonwealth).

For English cases, see 29 English and Empire Digest, (Rp!.), pp. 86, 358, 50. "Marketable Security"-Shares in companies are included, Croydon Consols

Ltd. v. Comrs. for Stamps (1900), 10 Q.L.I. 28. The security must be one of such a description "as to be capable according

to the use and practice of stock markets of being there sold and bought'" it is not a question of whether the security is actually quoted on the stock excha~ge Texas Land and Cattle Co. Ltd. v. Comrs. Of Inland Revenue (1888), 16 R: (el. of Sess.) 69.

See also Sergeant on Stamp Duties, 4th ed., p. 146. For definition of "stock", see supra. As to contract notes, see s. 31A. See generally, 55. 31A et seq. "Religious body"-See Order in Council published Gazette 4 Oct. 1969, p. 378.


"Settlement"-For specific provisions relating to settlements, see ss. 51 E,

59-61, and First Schedule. The question whether an instrument is duly stJmped, or as to what stamp

is required. is in general determined by what appears on the face of It to be its legal operation when first executed so as to be capable of that operatIOn. t;>ut the court is not bound by the apparent ten~r of an. Il!struI?ent, and WIll d~cI~e accordinO' to the real nature of the transactIOn, receIVIng, If necessary, extnnslc evidence~ See Comr. of Stamp Duties v. Hopkins (1945), 71 C.L.R. 351, at pp. 360. 378.

An in_trument may be a settlement notwithstanding that it does not transfer the legal estate to proposed trustees, Davidson Y. Chirnside (1908), 7 C.L.R. 324, at p. 340. To be a settlement an inst,rument need ,not necessarily res.trict th~ power of disposition of those taking under It, nor need It create a successIOn of Interests in the same property, Dm'idson v. Armytage, infra. The fact that an instrument is called a settlement by the maker is of some weight but not conclusive in determinin~ whether it is a settlement, Re Strachan (1902), 28 V.L.R. 118. QUlere, whether a~ appointment under a special power created by a settlement can itself be a settlement. Compare Davidson v. Armytage (1906), 4 C.L.R. 205. As to instruments exercising a power of appointment, see also Moffat Y. Collector of Imposts (1896),22 V.L.R. 164.

See also, for a discussion of Davidson v. Chimside, supra, Wedge Y. Acting Comptroller of Stamps (1941), 64 C.L.R. 75.

As to an indenture varying the terms of a trust set up by a will, see Queensland Trustees Ltd. Y. Comr. of Stamp Duties, [1938] St. R. Qd. 208.

As to the effect of the reference to good or valuable consideration, d. Collector oj Imposts Y. Peers (1921), 29 C.L.R. 115; Cuming Campbell Investments Pty. Ltd. Y. Collector oj Imposts (1938), 60 C.L.R. 741. As to "bona fide pecuniary consideration", d. Re OfjiCt'r's Transfer, [1918] V.L.R. 607; Pettett Y. Collector of Imposts, [1918] V.L.R. 163.

See as to the relevant date for charging duty, Comr. of Stamp Duties v. Hopkins (1945), 71 C.L.R. 351.

As to what constitutes a settlement, see especially Bllzza Y. Comptroller of Stamps (1951), 83 C.L.R. 286; also Union Trustee Co. v. Comr. of Stamp Dllties, [1922] St. R. Qd. 1; [1922] Q.W.N. 1; Carmichael Y. Comr. oj Stamp Duties (1926),38 C.L.R. 465, affirming Carter v. Comr. oj Stamp Duties, [1926] St. R. Qd. 117; [1926] Q.W.N. 20; Kent Y. Comr. oj Stamps, [1927] St. R. Qd. 398; [1927] Q.W.N. 60; Comr. oj Stamp Duties Y. C}wille (1924), 35 C.L.R. 166; Queens/and Trustees Ltd. Y. Comr. of Stamp Duties, [1938] SI. R. Qd. 208; Archibald Y.

Comr. oj Stmnp Duties (1930), 44 C.L.R. 243, at p. 252; Re Casey (1897), 1 N. & S. 36; Re Gillett (1913), 9 Tas. L.R. 37; Brett v. Col/ector of Imposts (1896), 22 V.L.R. 29 (as,ignment to trustees for creditors); Johnstone v. Somerset (1895), 21 V.L.R. 421; Castlemaine Brewery Co. Ltd. Y. Collector of Imposts (1896), 22 V.L.R. 4 (trust deed to secure debentures not a settlement); Spensley v. Col/eclor oj Imposts (1898), 24 V.L.R. 53 (further settlement of properties the subject of a prior deed of settlement); Re Strachan (1902), 28 V.L.R. 118 (introduction of new trustees but otherwise no change in the trusts); Newman v. Collector oj Imposts (1903), 29 V.L.R. 161 (introduction of new trusts); Re Rule's Settlement, [1915] V.L.R. 670 (settlement of a mere expectation of an interest not a settlement of property).

In order that an instrument be chargeable with duty as a settlement, it is not enough that the instrument should be made on a consideration other than a bona fide adequate consideration: it is essential that the instrument should be one whereby a gift or benefaction is conferred. See Collector oj Imposts Y. Cuming Campbell Investments Pty. Ltd. (1940), 63 C.L.R. 619.

"Deed of Gift"-The words in the sixth line of paragraph (e) should apparently read "or for life".

For imposition of duties, see First Schedule "Settlement Deed of Gift or Vo!untarx. Convey.ance", post. See also s. SIB. 'As to instru~ents in respect of whIch gIlt duty IS payable, see Gift Duty Act 1926-1969, s. 10, title GIFT DUTY, Vol. 6, p. 460.

Deeds used ~o give e!fect in an indirect manner to an oral gift but not them<;elves conveYIng anythIng are not .liable as deeds of gift, Minister oj Stamps v. Townsend, [1909] A.C. ~33. An Instrument transferring the legal estate as plovlded for by an ante-nuplIal agreel!3ent may be a deed of gift notwithstanding lhat the transferee may have acqUIred a complete beneficial interest in thtl

STAMP ACTS, 1894 TO 1968 ss.2-4 319

property on marriage, Deckert v. Collector of Imposts, [1~39~ .V.L.R. 240. A transfer by direction of a purchaser to a person to whom he IS glvmg the property is a deed of gift. See Roberts v. Collector of Imposts, [1919] V.L.R. 638. A mere authority by a beneficiary to his trustee to pay amounts to other persons out of his interest, which authority is revocable until acted upon, is not a gift, Comptroiler oj Stamps v. Howard-Smith (1936), 54 C.L.R. 614.

As to what constitutes a disposition made before and in consideration of the marriage of the donor, cf. Macrow v. Collector oj Imposts, ~1921] V.L.R. 23 (settlement made on children of a former marriage held to be included); Re Smith, [1905] V.L.R. 203 (settlement in consideration of mafl1iage already agreed upon).

As to what constitutes a gift, see also Bl'ett v. Collector of Imposts (1896), 22 V.L.R. 29 (assignment for the benefit of creditors); Thompson v. Collector of Imposts (1899), 25 V.L.R. 529 (release of monetary claim in consideration of withdrawal of opposition to probate).

"Bill of Lading"-For imposition of duty, see Erst Schedule, "Bill of Lading", post. See also s. 43.

Other definitions-"Bill of exchange" is defined by s. 36; "conveyance or transfer" by S8. 49, 56, 57; "mortgage" by s. 65; "promisory note" by s. 37; and "receipt" by s. 70.

See ,also Lee's Stamp -and Estate Duties, 3rd ed., p. 55.

3. Administration. The Minister shall be charged with the administration of this Act and the chief control of all matters relating to the imposition of stamp duties.

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 4.

4. Charge of duties in Schedule I, S4 & SS Vic. c. 39, s. 1. From and after the commencement of this Act, the stamp duties to be charged for the use of Her Majesty upon the several instruments specified in the First Schedule to this Act shall be the several duties in the said Schedule specified, which duties shall be in substitution for the duties theretofore chargeable under the enactments repealed by this Act, and shall be subject to the exemptions contained in this Act and in any other Acts for the time being in force, and shall be levied and collected by the officers hereunder specified.

The statute 54 & 55 Vic. c. 39, referred to in the note to this and other sections and followed in many of the provisions of this Act, is the Stamp Act, 1891, for which see 21 Halsbury's Statutes of England, 2nd ed., p. 610.

As to territorial limitation of the powers of taxation and construction of Acts as not attempting to go beyond such powers, see Preliminary Note, p. 311, ante.

Every person executing an instrument is made liable to pay the duty, s. 4B. This Act does not impose ad valorem duty on copies of instruments, and

tlie fact of a copy of an instrument being brought into this State will therefore not create any liability to pay duty, Comrs. of Stamps v. Wienholt (1915), 20 C.L.R. 531. See, however, the First Schedule, "Duplicates -or Counterparts", post, and s. 4A, proviso (b).

See also notes to s. 2. Duty is imposed by this Act upon instruments, not on the transactions which

they represent, nor on the abstract incident of execution. See Rosehill Racecourse Co. v. Comr. oj Stamp Duties (1905), 3 C.L.R. 393; Davidson v. Chirnside (1908), 7 c.L.R. 324; Minister oj Stamps v. Townend, [1909] A.C. 633; Dent v . Moore (1919), 26 C.L.R. 316. "Instrument" and "execution" are defined by s. 2. The date of execution or delivery of an instrument determines its liability to duty, Re Fink's Transfer, [1915] V.L.R. 666. The liability of an instrument for duty is to be determined on its face at the time of its execution, Kent v. Comr. of Stamps, [1927] St. R. Qd. 398; [1927] Q.W.N. 60; Weddall v. Capes (1836), 1 M. & W. 54; West London Syndicate v. Inland Revenue Comrs., [1898] 2 Q.B. 515, but the substance of the transaction effected by the instrument, not merely the form of the instrument, must be regarded. See City of Brisbane v. Comr. of Stamp Duties, [1923] St. R. Qd. 54; [1923] Q.W.N. 16; Re Lister's


Transfer (1890), 4 Q.L.J. 26; Queensland Meat Export Co. Ltd. v. Conus. of Stamps, [1917] St. R. Qd. 39; [1917] A.c. 624; [1916-17] All E.R. Rep. Ext. 1191; Comr of Stamps v. Parbury Estates Ltd. (1913), 16 C.L.R. 521.

An instrument which is charged under several heads will be liable to the greater amount of duty. Speyer Bros. v. Comrs. of Inland Revenue, [1908] A.C. 92; [1903-10] All E.R. Rep. 474.

Excep~ where the language plainly requires, this Act is not retrospective and does not apply to instruments executed before its commencement, Comrs. of Sf(Jmps v. Wienholt (1915), 20 c.L.R. 531.

An in;,trument which has no operation in law or is not enforceable is not dutiable. Kent v. Comr. of Stamps, [1927] St. R. Qd. 398; [1927] Q.W.N. 60; Wienilo/r Estates Co. v. Comrs. of Siamps, [1914] St. R. Qd. 249; affirmed, 20 C.L.R. 531; R. v. Inhabitants of St. Martins (1867), 2 A. & E. 215.

This Act does not in general bind the Crown to pay stamp duty, either as the executive authority of this State or of the Commonwealth. See Broken Hill Associated Smelters Ltd. v. Col/eclor of Imposts (1918), 25 C.L.R. 61; Commonwealth v. New South Wales (1906), 3 C.L.R. 807. As to the power of the Parliament of this State to enact legislation requiring the Commonwealth and servants of the Commonwealth to pay stamp duty, see ibid.; D'Emden v. Pedder (1904), 1 C.L.R. 91; Amalgamated Society of Engineers v. Adelaide Steamship Co. Ltd. (1920), 28 C.L.R. 129, at pp. 145, 154, 156. A person having dealings with the Commonwealth and upon whom this Act purports to impose a liability to pay duty in respect of such transactions is not relieved from payment. See Commonwealth v. New South Wales (1918), 25 C.L.R. 325; Heiner v. Scott (1914), 19 C.L.R. 381; 9 Q.I.P.R. 42.

Numerous Acts contain exemptions of documents of specific types, for a list of which, see the Preliminary Note, ante.

As to the principles of construction of taxing Acts, see the Preliminary Note, p. 311, ante.

See also Sergeant on Stamp Duties, 4th ed., p. 27; Lee's Stamp and Estate Duties, 3rd ed., p. 58.

4A. Restriction on effect of unstamped instruments. An instrument chargeable with stamp duty (whether under this Act or under any prior Act) executed in Queensland, or relating if executed outside Queensland to any property situated or to any matter or thing done or to be done in Queensland, shall not, except in criminal proceedings, be given in evidence, or be available for any purpose whatever, unless it is duly stamped in accordance with the law in force at the time when it was first executed or first brought into Queensland if executed outside Queensland:

Provided that-(a) When any such unstamped instrument is tendered as evidence

in any Court in any proceeding (except criminal proceedings), the judge, or presiding magistrate, or justice of such court may admit the same in evidence on the party producing the same in evidence or his solicitor giving such security or written undertaking as may be prescribed to pay the whole or the deficiency of the stamp duty and any penalty that may be imposed;

(b) When any copy of an instrument chargeable with stamp duty in Queensland is tendered as evidence in any court in any proceeding (except criminal proceedings), the judge, or presiding magistrate, or justice of such court may admit the same in evidence on the party producing the same in evidence or his solicitor giving such security or written undertaking as may be prescribed to produce the original or duplicate thereof and to pay the whole of the deficiency of the stamp duty thereon and any penalty that may be imposed.

STAMP ACTS, 1894 TO 1968 SS.4-4B 321

Inserted by Act of 1918, 9 Geo. 5 No. 11, s. 5. The Evidence and Discovery Acts, 1867 to 1967, ss. 45-47, title. EVII?ENCE,

Vol. 5, p. 505, make provision upon the same subject matter as this sectIOn and should be read with this section.

An instrument stamped as not chargeable or as duly stamped is admissible in evidence, s. 22 (5).

Penalties for failure to stamp instruments as required by this Act are imposed by ss. 26, 41.

This section does not have the effect of completely invalidating an unstamped instrument, Commercial Banking Co. of Sydney v. Bolger (1867), 1 S.C.R. 165. As to the effect on the legal operation of an instrument of failure to stamp it as required by this Act, see also Comrs. of Stamps v. Wienholt (1915), 20 c.L.R. 531; Dent v. Moore (1919), 26 C.L.R. 316; Shepherd v. Felt and Textiles 01 Australia Ltd. (1931), 45 C.L.R. 359; Electricity Meter Manufacturing Co. v. Manufacturers' Products Pty. Ltd. (1930), 30 S.R.(N.S.W.) 422.

This section appears to apply to an instrument bearing the proper amount in adhesive stamps which have not been cancelled. See s. 18, and cf. Shepherd v. Felt and Textiles of Australia Ltd. (1931), 45 C.L.R. 359.

A document which this section excludes from evidence cannot be proved by an admission, Dent v. Moore (1919), 26 C.L.R. 316. The objection that an instrument is not duly stamped cannot be waived by the party against whom it is sought to be proved. See Robson v. McWilliam (19Q5), 24 N.Z.L.R. 694. Secondary evidence is not admissible to prove an unstamped document, Loui;, v. Grigg (1913), 14 S.R.(N.S.W.) 78; Johnstone v. Somerset (1895), 21 V.L.R. 421. And see proviso (b), supra. But an assignment independent of that contained in an un stamped instrument may be proved, Johnstone v. Somerset, supra.

The objection that an instrument is unstamped cannot be taken by a party after verdict for the first time, Wackett v. Cowley, [1903] St. R. Qd. 227. The court can raise the objection that an instrument admitted in evidence is not stamped at any time before judgment, Wackett v. Cowley, [1903] St. R. Qd. 227. As to adjournment after verdict to enable an instrument to be stamped, cf. Wackett v. Cowley, supra.

As to appeal on the ground of refusal to admit an unstamped instrument where the objection that it was not stamped was not taken at the trial, see Ralston v. South Greta Colliery Co. (1912), 13 S.R.(N.S.W.) 6; Casey v. Donnelly (1899), 20 L.R. (N.S.W.) (L.) 211.

A new trial is not to be granted by reason of a ruling that a stamp is sufficient or that a document does not require a stamp, Common Law Practice Act 1867-1970, s. 46, title SUPREME COURT AND PRACTICE.

As to judgment entered up on an unstamped award, cf. Baker v. Nixon (1867), 7 S.C.R.(N.S.W.) 15.

For an example of the application of the maxim omnia praesumuntur rite esse acta, see Papapetros v. Sebbage, [1947] Q.W.N. 9 (appeal from Magistrates Court; objection to admissibility of un stamped contract first raised before Full Court).


4B. Duty a debt, and recoverable by Commissioner. Any duty payable under this Act shall, from and after the date of execution of the instrument, constitute a debt due and owing to His Majesty from every party by whom the instrument is signed or executed.

All duties payable to the Crown under this Act shall be recoverable from all or any of such persons in any Court of competent jurisdiction by the Commissioner on behalf of the Crown, by action or other proceedings in his official name.

Inserted by Act of 1926, 17 Geo. 5 No. 10, s. 3. For the time for stamping instruments, see ss. 26, 43, 46 (2), 41, 38. As to proceedings to recover stamp duty, see ss. 77, 78A. 80 and Crown

Remedies Acts, 1874 to 1956, ss. 2, 2A, 6 et seq., title CROWN, Vol. 4, pp. 338, 340.


For the effect of a provision making stamp duty a debt due to the Crown, see Cobar Corpn. Ltd. v. A.-G. for New South Wales (1909), 9 C.L.R. 378.

See also Lee's Stamp and Estate Duties, 3rd ed., p. 60.

4c. Exemptions from aU stamp duty. Duty as specified in the First Schedule to this Act shall not be chargeable for the use of Her Majesty upon any instrument with respect to any transaction in the official short term money market.

Inserted by Act of 1961, 10 Eliz. 2 No. 21, s. 3.

5. Appointment of Commissioner, Deputies, and other officers. The Governor in Council may from time to time appoint an officer to be called the Commissioner of Stamp Duties, and may appoint an Assistant Commissioner of Stamp Duties and such Deputy Commissioners of Stamp Duties as may be deemed necessary.

The Commissioner of Stamp Duties shall receive as remuneration for his services such sum as Parliament may from time to time appropriate for that purpose.

The Governor in Council may from time to time appoint such assessors and other officers as may be necessary for carrying out the provisions of this Act.

Any reference in any other Act to the Chief Deputy Commissioner of Stamp Duties shall be read as referring to the Assistant Commissioner of Stamp Duties.

Substituted by Act of 1918, 9 Geo. 5 No. 11, s. 6 (1) and amended by Act of 1926, 17 Geo. 5 No. 10, s. 4; Act of 1958,7 Eliz. 2 No. 44, s. 3.

It is provided by subsection (2) of s. 6 of Act of 1918, 9 Geo. 5, No. 11 that, until other appointment the officer holding the office of Chief Commissioner of Stamps at the date of the passing of the amending Act (l Nov. 1918) shall be deemed to have been appointed and to be the Commissioner of Stamp Duties.

See also the definition of "Commissioner" in s. 2, ancLStamp Act Amendment Act of 1918, s. 6 (2), p. 418, post.

The Commissioner of Stamp Duties is also charged with the collection of succession and probate auties (Succession and Probate Duties Acts 1892-1968, s. 11, title SUCCESSION AND PROBATE DUTIES), gift duty (Gift Duty Acts, 1926 to 1963, 55. 24 (1), 2, 10, title GIFT DUTY, Vol. 6), taxes imposed on bookmakers and duties on betting tickets (Racing and Betting Act 1954-1969, ss. 95A and 96, title GAMING, Vol. 6, pp. 349, 355), and taxes payable in respect of totalisators (ibid., 55. 67, 68, Vol. 6, p. 323).

6. Branch offices may be opened. The Governor in Council may, by Order in Council, establish at any town in the Colony a branch of the office of the Commissioner and may appoint a fit and proper person, to be called a Deputy Commissioner, in any such town.

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 6 (4). See also s. 8.

7. Duties and powers of Deputy Commissioners. Subject to the Commissioner, the Assistant Commissioner of Stamp Duties, and each Deputy Commissioner of Stamp Duties appointed under this Act shall perform all the duties, and shall have and may exercise all the powers, imposed or conferred upon the Commissioner under the provisions of this Act, and shall receive such sum as Parliament may appropriate for that purpose

STAMP ACTS, 1894 TO 1968 ss. 4B-IO 323

as remuneration for his services, and shall give such security as may be required for the due discharge of his duties, and shall be a public accountant within the meaning of "The Audit Act of 1874."

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 6 (3), (4); Act of 1958, 7 Eliz. 2 No. 44, s. 4.

Act referred to: Audit Act 1874-1968, title AUDIT, Vol. I, p. 648.

As to insertion of word "Commissioner", see note to s. 2. See also definition of "Commissioner" in s. 2. For the duties of public accountants in respect of moneys received, see

Audit Act 1874-1968, ss. 1 et seq., title AUDIT, Vol. 1, p. 648.

8. Commissioner to supervise branch offices. The Commissioner shall supervise and direct the working and management of the branch offices to be established under this Act, and every Deputy Commissioner shall carry out the directions given to him by the Commissioner, and shall at all times supply to him such returns or other information as he may require.

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 6 (4). See also s. 6.

9. Inspection of documents. The Governor in Council may appoint officers, to be called Inspectors of Stamp Duties.

Any Inspector, upon receiving a general or special authority in writing in that behalf from the Commissioner may require any person to produce documents to him for inspection.

For the purpose of this section the expression "produce documents" means that the person on whom the obligation to produce documents i:; cast shall, to the best of his power, produce all documents and writings which are or may be chargeable with stamp duty under this Act.

Any person who refuses or neglects to comply with any such requisition shall be liable to a penalty not exceeding one hundred dollars.

In the case of a corporation or joint stock company it shall be the duty not only of the corporation or company but of every secretary, manager, director, and other officer thereof to comply with the requisition of an Inspector under this section; and in the event of any refusal or neglect to comply therewith, the corporation or company, as well as such officer in default, shall be liable to the penalty hereinbefore provided.

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 7; Act of 1926, 17 Geo. 5 No. 10, s. 5.

Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

See also S8. 11, 28.

10. Secrecy. (1) Every person employed under this Act shall preserve and aid in preserving secrecy with regard to all matters that may come to his knowledge in his official capacity, and shall not communicate any such matter to any other person except in the performance of his duties under this Act, or except to the Auditor-General or some officer of his department for the purposes of audit under the laws in force relating to the audit of public accounts, and to this extent the Auditor-General or any such officer shall be deemed to be persons appointed or employed under this Act.

324 sr AMP DUTIES Vol. 16

The Commissioner and every Deputy Commissioner shall take and subscribe before a justice the prescribed oath of fidelity and secrecy. Such oath shall also be taken and subscribed by every other person appointed or employed under this Act, and the same may be administered to him by the Commissioner or a Deputy Commissioner or any justice.

Every person who, in contravention of the true intent of such oath and without lawful excuse, reveals any matter or thing which has come to his knowledge in his official capacity shall be liable to a penalty not exceeding two hundred dollars, or to be imprisoned for any period not exceeding six months with or without hard labour.

Notwithstanding anything herein contained, it shall be lawful for the Commissioner, and he is hereby authorized, to afford to the Commonwealth Commissioner of Taxation or his Deputy in Queensland, or any State Taxation Department, any information in his possession with respect to the administration of this Act; and the affording of such information shall not be deemed to be a contravention of this section.

(2) The Commissioner of Stamp Duties or any officer duly authorized by him or any witness on his behalf shall not be required to produce in court any return, declaration, valuation, statement, requisition, assessment, notice or any other document or disclose to any court the fact that he has received any information or the nature thereof or the name of any person who gave such information or any matter or thing coming under his notice in the performance of his duties under this Act except when it is necessary so to do for the purpose of carrying into effect the provisions of this Act.

Substituted by Act of 1918, 9 Geo. 5 No. 11, s. 8; and as amended by Act of 1958, 7 Eliz. 2 No. 44, s. 5.


For the laws relating to audit of public accounts, see title AUDIT, Vol. 1, p. 643.

Compare Criminal Code, s. 86, title CRIMINAL LAW, Vol. 3, p. 270. See hereon Stapleton v. Wilsoll, [1956] Q.W.N. 48, where Clyne, 1., applying

a dic/uill of Dixon, C.J., in Calladian Pacific Tobacco Co. Ltd. v. Stapletoll (1952), 86 C.L.R. 1, admitted in evidence a document which the official receiver in bankruptcy had objected to produce.

11. Inspector may take possession of unstamped documents. When any instrument which is produced to an Inspector for inspection, or which in any manner comes into his hands, appears to him to be chargeable with stamp duty and to be unstamped or insufficiently stamped, such Inspector may take possession thereof, and shall forward such instrument with his report thereon to the Commissioner, or to a Deputy Commissioner, for instructions as to his further procedure.

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 6 (4); Act of 1926, 17 Geo. 5 No. 10, s. 6.

As to insertion of word "Commissioner", see note to 5. 2. See also 5S. 9, 28.

12. (Repealed.) Repealed by Act of 1918, 9 Geo. 5 No. 11, s. 9.

13. AU duties to be paid according to regulations of Act. 54 & 55 Vic. c. 39, s. 2. All stamp duties for the time being chargeable by law upon any instruments are to be paid and denoted according to the regulations in this Act contained, and are to be denoted by impressed stamps only,

STAMP ACTS, 1894 TO 1968 58.10·15 325

except where a provision of this Act or of any Order in Councilor regulation expressly provides for denoting the same otherwise than by impressed stamps.

As amended by Act of 1958. 7 Eliz. 2 No. 44, s. 6. As to payment of duties, see also ss. 4, 4B. For instruments which may be stamped with adhesive stamps, see ss. 310

(2), 32, 33, 39, 40, 48B, 70 (2), First Schedule ("Policies of insurance"; "Power or letter of attorney"); Primary Producers' Co-operative Associations Acts, 1923 to 1965, title PRIMARY PRODUCE, s. 28 (6), Vol. 13, p. 752.

As to cancellation of adhesive stamps, see s. 18. For Orders in Council under this section, see Table of Contents, p.

310, ante.

14. How instruments are to be written and stamped. 54 & 55 Vic. c. 39, s. 3. (1) Every instrument written upon stamped material is to be written in such manner, and every instrument partly or wholly written before being stamped is to be so stamped, that the stamp may appear 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 piece of material, every one of the instruments is to be separately and distinctly stamped with the duty with which it is chargeable.

For "instrument", "stamped" and "material", see s. 2. See Sergeant on Stamp Duties, 4th ed., p. 29; Lee's Stamp and Estate Duties,

3rd ed., p. 67.

15. Instruments to be separately charged with duty in certain cases. 54 & 55 Vic. c. 39, s. 4. Except where express provision to the contrary is made by this or any other Act-

(a) An instrument containing or relating to several distinct matters is to be separately and distinctly charged as if it were a separate instrument, with duty in respect of each of the matters;

(b) An instrument made for any consideration in respect whereof it is chargeable with ad valorem duty, and also for any further or other valuable consideration or considerations, is to be separately and distinctly charged as if it were a separate instrument, with duty in respect of each of the considerations.

For "instrument", see s. 2. As to duplicates or counterparts of instruments relating to several distinct

matters, see First Schedule, "Duplicates or Counterparts", post. The general principal is that an instrument must be stamped according to

its paramount object, which stamping covers everything incidental to that object, Limmer Asphalte Co. v. Comrs. of Inland Revenue (1872), L.R. 7 Ex. 211. See also Lewis v. In/and Revenue Comrs., [1898] 2 Q.B. 290 (separation deed charged as deed and in respect of covenant for annuity); Ansell v. Inland Revenue Comrs., [1929] 1 K.B. 608 (government stocks considered to be distinct from other property settled); War Service Homes Comr. v. Collector of Imposts (1920), 27 C.L.R. 334 (transfer to a sub-purchaser by direction of the purchaser); Roberts v. Collector of Imposts, [1919] V.L.R. 638 (transfer by direction of purchaser to third person by way of gift); New Britain Plantations Ltd. v. Acting Treasurer of New Guinea (1936), 55 C.L.R. 127 (transfer giving effect to three sales); Pilcher v. Comrs. of Stamps (1905), 8 N.Z.G.L.R. 425 (instrument giving effect to sale and exchange); Currey v. Federal Building Soc. (1929), 42 C.L.R. 421; Re Loisel (1893), 12 N.Z.L.R. 323 (single conveyance by owners of undivided interests among whom consideration apportioned); Brand v. Minister of Stamp Duties (1914), 33 N.Z.L.R. 612 (conveyance or transfer merely referring to other


transactions out of which it has grown); Smith v. Collector of Stamp Duties (1921), 17 Tas. L.R. 81 (joinder of third party in covenant to pay mortgage principal; prior mortg,agee joining to postpone his security); Price v. Thomas (1831), 2 B. & Ad. 218 (surety joining in covenant to pay rent). For English cases, see 39 English and Empire Digest, (Rp!.), p. 300; 33 Halsbury's Laws of England, 3rd ed., p. 274.

See Sergeant on Stamp Duties, 4th ed., p. 29; Lee's Stamp and Estate Duties, 3rd ed., p. 68.

16. Facts and circumstances aJIecting duty to be set forth in instruments. 54 & 55 Vic. c. 39, s. 5. (1) All the facts and circumstances affecting the liability of any instrument to duty, or the amount of the duty with which any instrument is chargeable, are to be fully and truly set forth in the instrument; and every person who--

(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 within his knowledge; or

(c) Being required to make and produce to the Commissioner a declaration under the "Oaths Act of 1867" setting forth all the said facts and circumstances, makes a declaration and neglects or omits fully and truly to set forth therein all the said facts and circumstances within his knowledge; or

(d) Makes any such declaration which is false in any material particular;

shall incur a penalty not exceeding one hundred dollars.

(2) Payment of any such penalty shall not relieve any person from the payment of any duty or any other penalties incurred under this Act.

(3) The provisions of this section shall not affect any of the provisions of "The Criminal Code"; Provided that any person shall not be liable to be proceeded against and punished both under this section and under "The Criminal Code".

As amended by Act of 1918,9 Geo. 5 No. 11, s. 10; Act of 1926, 17 Geo. 5 No. 10, s. 7.


Acts referred to: Oaths Acts, 1867 to 1960, title OATHS, Vol. 13, p. 321. Criminal Code, title CRIMINAL LAW, Vol. 3, p. 199.

See also ss. 22 (2), (6) (c), 49, proviso (b). As to declarations under the Oaths Acts, 1867 to 1960, see ibid., ss. 13, 14,

title OATHS, Vol. 13, p. 324. With subsection (3), d. Criminal Code, ss. 193, 194, title CRIMINAL LAW,

Vol. 3, p. 229. See also ibid., s. 16, as to double punishment. As to a transfer in discharge of a mortgage to an assignee of the equity of

redemption, cf. Currey v. Federal Building Society (1929), 42 C.L.R. 421. As to the case where to prove a cause of action or defence a party must

rely on an illegal agreement to defraud by deceiving the Commissioner, see Gozzard v. McKell (1931), 32 S.R.(N.S.w.) 39.

See also 33 Halsbury's Laws of England, 3rd ed., p. 289. See also Sergeant on Stamp Duties, 4th ed., pp. 32-3; Lee's Stamp and

Estate Duties, 3rd ed., p. 70.

STAMP ACTS, 1894 TO 1968 !is. 15·19 327

17. Mode of calculating ad valorem duty in certain cases. 54 & 55 Vic. c. 39, s. 6. (1) Where an instrument is chargeable with ad valorem duty in respect of-

(a) Any money in any foreign or colonial currency, or (b) Any stock or marketable security,

the duty shall be calculated on the value on the day of the date of the instrument of the money in British currency, according to the current rate of exchange in Queensland, or of the stock or security according to the average price thereof.

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

For "money", "stock" and "marketable security", see s. 2. For cases in which no average price was available, see Foster & Sons v.

Inland Revenue Comrs., [1894] 1 Q.B. 516; Faber v. Inland Revenue Comrs., [1936] 1 AlI E.R. 617.

See also Sergeant on Stamp Duties, 4th ed., pp. 33-4.

18. General direction as to the cancellation of adhesive stamps. 54 & 55 Vic. c. 39, s. 8. ( 1) An instrument the duty upon which is required or permitted by law to be denoted by an adhesive stamp is not to be deemed duly stamped with an adhesive stamp unless the person required by law to cancel the 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, or unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time.

(2) Where two or more adhesive stamps are used to denote the stamp duty upon an instrument, each or every stamp is to be cancelled in the manner aforesaid.

(3) Every person who, being required by law to cancel an adhesive stamp, neglects or refuses duly and effectually to do so in the manner aforesaid, shall incur a penalty not exceeding twenty dollars.

As amended by Act of 1926, 17 Geo. 5 No. 10, s. 8. Decimal currency reference substituted pursuant to section 7 of Decimal

Currency Act of 1965. For the provisions allowing adhesive stamps to be used, see notes to s. 13. As to cancellation of adhesive stamps on charter-parties, see s. 33; on bills of

exchange and promissory notes, see. ss. 39,40 (2), (5); on receipts, see s. 70 (2). Section 4A, appears to be applicable where an instrument bears an un cancelled

adhesive stamp. Compare Shepherd v. Felt alld Textiles of Austrafia Ltd. (1931),45 C.L.R. 359.

See also 33 Halsbury's Laws of England, 3rd ed., p. 271. For offences with respect to stamps, see Criminal Code, 55. 491, 507, 511,

488 III (b), 642, title CRIMINAL LAW, Vol. 3. See also Sergeant on Stamp Duties, 4th ed., p. 34; Lee's Stamp and Estate

Duties, 3rd ed., p. 70.

19. (Repealed.) Repealed by Criminal Code Act, 1899, 63 Vic. No.9, s. 3.


20. Appropriated stamps. 54 & 55 Vic. c. 39, s. 10. (1) A stamp which by any word or words on the face of it is appropriated to any particular description of instrument is not to be used, or if used is not to be available, for an instrument of any other description.

(2) An instrument falling under the particular description to which any stamp is so appropriated as aforesaid is not to be deemed duly stamped unless it is stamped with the stamp so appropriated.

As to provision of stamps, see s. 74.

21. Denoting stamps. 54 & 55 Vic. c. 39, s. 11. Where the duty with which an instrument is chargeable depends in any manner upon the duty paid upon another instrument, the payment of the last-mentioned duty shall, upon application to the Commissioner and production of both the instruments, be denoted upon the first-mentioned instrument in such manner as the Commissioner thinks fit.

As amended by Act of 1918, 9 Geo. 5 No. II, s. 6 (4). As to insertion of the words "Commissioner" and "thinks", see note to s. 2.

22. Assessment of duty by Commissioner. 54 & 55 Vic. c. 39, s. 12. (1) Subject to such regulations as the Commissioner may think fit to make, the Commissioner 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) The Commissioner may require to be furnished with an abstract of the instrument, and also with such evidence as he may deem 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 duty chargeable thereon, are fully and truly set forth therein.

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

( 4) If the Commissioner is of opinion that the instrument is chargeable with duty, he shall assess the duty with which it is in his opinion chargeable, and when the instrument is stamped in accordance with the assessment, it may be stamped with a particular stamp denoting that it is duly stamped.

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

(6) Provided as follows:-(a) An instrument upon which the duty has been assessed by

the Commissioner shall not, if it is unstamped or insufficiently stamped, be stamped otherwise than in accordance with the assessment;

(b) Nothing in this section shall extend to any instrument chargeable with ad valorem duty and made as a security for money or stock without limit, or shall authorize the

STAMP ACTS, 1894 TO 1968 ss.20-22 329

stamping after the execution thereof of any instrument which by law cannot be stamped after execution;

(C) A statutory declaration made for the purpose of this section shall not 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; and every person by whom any such declaration is made shall, on payment of the duty chargeable upon the instrument to which it relates, be relieved from any fine or disability to which he may be liable by reason of the omission to state truly in the instrument any fact or circumstance required by this Act to be stated therein.

(7) (a) Any assessment of stamp duty under this Act may-(i) be sent by post to or delivered to the person who lodged the

instrument in question in the Stamp Duties Office at Brisbane, Rockhampton or Townsville; or

(ii) be noted on or attached to the prescribed form of requisition for impressed duty stamps in respect of the instrument in question which accompanied that instrument when it was so lodged.

(b) Subject to this paragraph, an assessment noted on or attached to a prescribed form of requisition as provided by subparagraph (ii) of paragraph (a) of this subsection shall be deemed to have been notified to the person who lodged the instrument in question as hereinbefore mentioned in this subsection on a date seven days after the date whereon the assessment was so noted or attached and accordingly, on and from that later date, that person shall be deemed to have had due notice of the assessment for all purposes of this Act:

Provided that-(a) the requisition whereon the assessment was noted or whereto

it is attached shall be kept available for inspection by such person at the Stamp Duties Office wherein the instrument in question was lodged at all times during which that office is open for the transaction of business during the period of thirty days next following the aforementioned later date; and

(b) where such person, when he lodged the instrument in question, accompanied it with a request in writing that the assessment be sent or delivered to him, then he shall not be deemed to have notice thereof for the purposes of this Act by reason that it is noted on or attached to the requisition.

As amended by Act of 1918,9 Geo. 5 No. 11, s. 6 (4); Act of 1968, No. 11. s. 2.

As to insertion of the words "Commissioner", "his", "he" and "is", see note to s. 2.

"Executed" is defined by s. 2. For the obligation to set forth in an instrument all facts relating to its

liability for duty, see s. 16, and s. 49, proviso (b). It is the duty of the Commissioner to ascertain the nature of the transaction

in substance, not merely to regard the form of the instrument to be stamped. See Re Lister's Transfer (1890), 4 Q.L.J. 26; Queensland Meat Export Co. Ltd. v. Comrs. of Stamps, [1917] St. R. Qd. 39; [1917] A.C. 624; City of Brisbane v. Comr. of Stamps, [1923] 51. R. Qd. 54; [1923J Q.W.N. 16; McAlary v. Comr. of Stamp Duties (1917), 17 S.R.(N.S.W.) 552. See also notes to s. 4.


As to mandamus to compel the Commissioner to perform the duties imposed on him by this section, see Cuming Campbell Investments Pty. Ltd. v. Collector of Imposts (1938), 60 C.L.R. 741.

The submission of an instrument to the Commissioner for assessment does not imply an undertaking to pay the amount assessed, Cobar Corpn. Ltd. v. A.-G. for New South Wales (1909), 9 C.L.R. 378.

The Commissioner must impound any instrument presented for stamping on which gift duty is payable and unpaid, Gift Duty Act 1926-1969, s. 10 (2), title GIFT DUTY, Vol. 6, p. 460.

For power to reassess where duty has been under-assessed, see s. 80. As to appeal from the Commissioner's determination, see s. 24. Admission in evidence is dealt with by s. 4A. For instruments which cannot be stamped after execution, see ss. 41, 43. See also Sergeant on Stamp Duties, 4th ed., p. 37.

23. Commissioner may inquire into amount of consideration or value. (1) In any case in which the amount of stamp duty chargeable on any instrument depends upon the value of any property conveyed or transferred, or upon the amount of the consideration paid or given therefor, and in any other case in which it may be necessary to ascertain any facts in order to determine the amount of stamp duty chargeable upon any instrument, the Commissioner or a Deputy Commissioner shall have authority to hold an inquiry for the purpose of ascertaining and fixing the true amount of such value or consideration.

(2) For the purpose of every such inquiry it shall be lawful for the Commissioner or a Deputy Commissioner to require any person to make and produce to him a solemn declaration under the "Oaths Act of 1867" setting forth the facts necessary to be ascertained, so far as they are known to such person, or to hear, receive, and examine eVIdence upon oath (which oath such Commissioner or Deputy Commissioner is hereby empowered to administer) and by summons, under his hand, to require all such persons as he may think fit to appear personally before him at a time and place to be fixed in and by such summons, and to produce to him all such books, papers, and documents as may appear necessary for such inquiry.

The statement of every person so examined shall be taken down in writing and signed by him in the presence of the Commissioner or Deputy Commissioner.

(3) And any person who, without just excuse, neglects or refuses to make any such declaration, or to comply with the tenor of any such summons, or who, having appeared before the Commissioner or Deputy Commissioner, refuses, without just excuse, to be examined on oath or affirmation concerning the premises, or to take such oath or affirmation, or, having taken such oath or affirmation, to answer such questions concerning the premises as shall be put to him, shall and may be dealt with by the Commissioner or Deputy Commissioner in the same manner in all respects as, by any statute in force for the time being relating to justices, persons so refusing or neglecting, in cases in which justices have summary jurisdiction, may be dealt with.


Act referred to: Oaths Acts, 1867 to 1960, title OATHS, Vol. 13, p. 32l.

As to insertion of the words "Commissioner", "his hand" and "him", see note to s. 2.

STAMP ACTS, 1894 TO 1968 ss.22-24 331

Declarations may be made under the Oaths Acts, 1867 to 1960, ss. 13, 14, title OATHS, Vol. 13, p, 324.

Persons refusing to appear or submit to examination on oath may . be punished as provided by the Justices Acts, 1886 to 1968, ss. 79, 82, 83, tItle JUSTICES, Vol. 8, p. 142.

As to valuation of property the subject of a conveyance or transfer, see s. SIc.

For the right of the Commissioner to inspect books and records in custody of public officers, see s. 29.

24. Persons dissatisfied may appeal. 54 & 55 Vic. c. 39, s. 13. (1) Any person who is dissatisfied with the assessment of the Commissioner may, within thirty days after the date of the assessment, and on payment of duty in conformity therewith, and of the sum of forty dollars as security for costs, appeal against the assessment to the Supreme Court, and may, for that purpose, require the Commissioner to state and sign a case setting forth the question or questions upon which his opinion was required, and the assessment made by him.

(2) The Commissioner shall thereupon state and sign a case and deliver the same to the person by whom it is required, and such person shall within seven days thereafter cause the said case to be set down for hearing before the next sittings of the Full Court at which the same can be heard.

(3) Upon the hearing of the case the Court shall determine the questions 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 chargeable.

(4) If it is decided by the Court that the assessment of the Commissioner is erroneous, any excess of duty which may have been paid in conformity with the erroneous assessment, together with any fine or penalty which may have been paid in consequence thereof, shall be ordered by the Court to be repaid to the appellant, and with such costs or without costs as the Court may, as hereinafter provided, determine.

(5) If the assessment of the Commissioner is confirmed the Court may make an order for the retention by the Commissioner of the amount paid to him as security for costs and with such other costs or without costs, as the Court may, as hereinafter provided, determine.

(6) Provided that the Court shall have power to make such order for costs as it in its discretion thinks fit, or it may in its discretion make no such order as to costs:

Provided further that the Court in its discretion, in awarding costs, whether to the appellant or the Commissioner, shall have regard to the evidence furnished to the Commissioner before the assessment is made.

And moreover the Court in awarding costs shall have regard to the extent to which the assessment of the Commissioner exceeds the amount of duty admitted by the appellant and the extent to which the assessment of the Commissioner is sustained or otherwise:

Provided further that if the Court in its discretion orders that no costs shall be paid in respect of such appeal, the Court may make an order that the amount paid to the Commissioner by the appellant as security for costs shall be returned by the Commissioner to the appellant:


Provided also that if the Court awards costs against an appellant in any appeal the amount paid by the appellant as security for costs shall be taken into account by the Court.



As to insertion of words "Commissioner", "his" and "him", see note to s. 2. As to assessment by the Commissioner, see s. 22. As to reassessment, see

s.80. Compliance with the requirements of subsection (1) is a condition of the

jurisdiction of the Court to hear an appeal and cannot be waived by the Crown. See Ex parte Carpenter, [1914] V.L.R. 53.

Mandamus will lie to compel the Commissioner to state a case as required by this section, R. v. Com,.. of Taxes, [1917] V.L.R. 526. As to the scope of the case stated and the matters which may be raised thereon, see Roberts v. Collector of Imposts, [1919] V.L.R. 638.

The appellant is entitled to begin on a case stated, Armytage v. Collector of Imposts, [1906] V.L.R. 504; Re Brodribb's Will (1888), 9 L.R.(N.S.W.) (L.) 49; but the Crown has a general right of reply after the appellant's reply, White v. Corny. for Stamps (1908), 8 S.R.(N.S.W.) 287.

The discretion as to costs should be so exercised as to discourage the Commissioner from fixing an assessment unreasonably high and to discourage the taxpayer from unreasonably under-estimating the dutiable value, and also to cause taxpayers to make a full disclosure of material facts. See Fairfax v. Comr. of Stamp Duties (1932), 48 W.N.(N.S.W.) 255.

It appears that costs awarded under this section are to be taxed according to Schedule III of R.S.C. (1900), title SUPREME COURT AND PRACTICE. Compare Robertson v. Comr. of Stamp Duties (N.S.W.) (1906), 3 C.L.R. 829.

See Re Sharpe; Queensland Trustees Ltd. v. Comr. of Stamp Duties, [1944] 51. R. Qd. 26 (two instruments: nomination of trustees and schedule of trusts; settlement) affirmed by High Court, [1945] St. R. Qd. 1; Hopkins v. Comr. oj Stamp Duties, [1945] St. R. Qd. 162 (whether a settlement constituted).

25. Evidence of parties to instruments. In every case where one or more instruments evidence a concluded agreement or comprise a memorandum of a concluded agreement, the same shall be deemed to have been signed or executed by or on behalf of each and every party to such agreement who is legally bound thereby.

Original section repealed by Act of 1918, 9 Geo. 5 No. 11, s. 11; present section inserted by Act of 1968, No. 11, s. 3.

26. Liability in respect of stamp duties payable upon instruments. (1) Subject to subsection (2) of this section any stamp duty charged upon any instrument under this Act shall be payable by any and every person who signs or executes the instrument in question or by or on behalf of whom the instrument in question is by reason of section twenty-five of this Act, deemed to have been signed or executed and accordingly if, in respect of any instrument, the amount of such duty is not paid in full as prescribed any and every such person is guilty of an offence against this Act and liable, if no specific penalty is prescribed, to a penalty of not more than one hundred dollars.

(2) Where a provision of this Act, other than subsection (1) of this section, prescribes that the stamp duty charged upon any instrument under this Act is not payable by a specified party to that instrument then, in respect of that instrument, subsection (1) of this section does not apply to the person who is that specified party.

STAMP ACTS. 1894 TO 1968 ss.24-26 333

(3) (a) This subsection does not apply to the following instruments, namely:-

(i) receipts; (ii) instruments the stamp duty charged whereon under this Act

may, pursuant to a provision of this Act or of any Order in Councilor regulation, be accounted for or paid to the Commissioner otherwise than by stamping the instrument for denoting the payment of the duty;

(iii) bills of exchange which, pursuant to the regulations made under subsection (2) of section eighty-three of this Act, may be stamped with impressed stamps for denoting the stamp duty charged thereon under this Act;

(iv) other instruments the stamp duty charged whereon under this Act may, pursuant to a provision of this Act or of any Order in Councilor regulation be denoted by adhesive stamps and which are duly stamped with adhesive stamps denoting the duty so charged,

but, except for the instruments specified in subparagraphs (i), (ii), (iii) and (iv) of this paragraph, this subsection applies to all instruments whereon stamp duty is charged under this Act.

(b) For the purpose of the assessment of the amount of duty charged thereon every instrument charged with stamp duty under this Act, accompanied by the prescribed form of requisition for impressed duty stamps in respect of the instrument, shall be lodged in the Stamp Duties Office at Brisbane, Rockhampton or Townsville within one month after the execution thereof or, in the case of any particular such instrument, such extended time longer than one month as the Commissioner, a Deputy Commissioner, or an authorised officer may allow (it being hereby declared that the Commissioner, a Deputy Commissioner or an authorised officer may grant such an extension of time where, in respect of a particular instrument, he deems that special circumstances warrant the extension).

If an instrument accompanied by the said prescribed form is not lodged in compliance with the requirements of this paragraph (b) every person by whom the stamp duty charged under this Act upon the instrument is payable shall be guilty of a continuing offence against this Act and liable to a penalty of not less than two dollars and not exceeding the aggregate of fifty dollars and an amount of ten per centum of the duty upon the instrument charged under this Act for each year or part of a year during which the offence has been continued.

(c) (i) A person by whom the stamp duty charged under this Act upon any instrument required to be lodged as prescribed by this subsection is payable who fails to pay to the Commissioner or a Deputy Commissioner within one month after he has due notice thereof the amount assessed to be the ~!amp duty charged under this Act upon such instrument shall be guilty of a continuing offence against this Act and shall be deemed to continue that offence until the duty and any penalty or penalties imposed pursuant to this paragraph have been paid in full.

The penalty for which a person committing a continuing offence under this paragraph (c) shall be liable shall be not less than two dollars and where, according to the period for which the offence is continued,


the amount calculated as prescribed by subparagraphs (ii), (iii), or (iv) of this paragraph (c) exceeds two dollars, not more than that amount.

(ii) Where the offence is continued for less than one month, the amount mentioned in subparagraph (i) of this paragraph (c) shall be five per centum of the amount of the duty so assessed.

(iii) Where the offence is continued for one month or longer, but for less than one year, the amount mentioned in subparagraph (if of this paragraph shall be ten per centum of the amount of the duty so assessed.

(iv) Where the offence is continued for one year or longer, the amount mentioned in subparagraph (i) of this paragraph shall be ten per centum of the amount of the duty so assessed for each year or part of a year during which the offence has been continued.

(d) (i) In the stead of proceedings for an offence against paragraphs (b) or (c) of this subsection, the Commissioner, a Deputy Commissioner or an authorised officer may demand and receive by way of penalty such amount as he deems just, being not less than two dollars nor more than the maximum penalty which would be recoverable pursuant to proceedings.

(ii) In any case where the Commissioner deems the circumstances so warrant the Commissioner may reduce or waive the amount of any penalty which has been demanded under this paragraph.

(e) The amounts of all penalties referred to in paragraphs (b) and (c) of this subsection shall be calculated to the nearest ten cents.

(f) In this subsection the expression "authorised. officer" mea~s any assessor or other officer appointed pursuant to sectIOn five of thIS Act who is authorised in writing by the Commissioner or a Deputy Commissioner to act as an authorised officer for the purposes of this subsection.

Substituted by Act of 1968, No. 11, s. 4. As to insertion of word "Commissioner", see note to s. 2. As to the reason for the former rule that instruments must be stamped before

execution, see Hopkins v. Comr. of Stamp Duties, [1945] St. R. Qd. 162, at p.I72.

As to "executes", see s. 2. As to stamping bills of lading before execution, see also s. 43. As to stamping bills of exchange and promissory notes, see also ss. 38, 40, 41. For time for stamping policies of insurance after receipt into Queensland,

see s. 46 (2). Share certificates must be stamped before being issued, s. 34. As to recovery of penalties, see ss. 77-78A. As to whether this section is in any respect invalid as attempting to go beyond

the territorial limits on the legislative powers of Parliament, see Comrs. of Stamps v. Wienl!,,!t (1915), 20 C.L.R. 531; [1914] St. R. Qd. 249.

As to the effect on an instrument of failure to stamp it, see s. 4A, and notes thereto.

See also Sergeant on Stamp Duties, 4th ed., p. 49.

27. Instrument not to be stamped until penalty paid. No unstamped instrument in respect of the execution or making of which any penalty has been imposed upon any person shall be stamped until the amount of the penalty and costs (if any awarded) has been paid by or on behalf of the person convicted.

28. Instrument not to be delivered up till duty and penalty paid. When any instrument chargeable with stamp duty, and which is un stamped or insufficiently stamped, has come into the possession of the Commissioner,

STAMP ACTS, 1894 TO 1968 ss.26-31A 335

any Deputy Commissioner, or Inspector, he shall retain possession .of such instrument until the amount of stamp duty due thereon, together wIth any penalty and costs imposed in respect of the making of such unstamped instrument, shall have been paid.

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

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 6 (4). As to insertion of word "Commissioner", see note to s. 2. For powers of inspectors to call for production and take possession of

instruments, see ss. 9, 11.

29. Books to be open to inspection. 54 & 55 Vic. c. 39, s. 16. Every public officer having in his custody any books, records, papers, documents, or proceedings, the inspection whereof may tend to secure any duty or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person thereto authorized by the Commissioner to inspect L1.e books, records, papers, documents, and proceedings, and to take such notes and extracts as he may deem necessary, without fee or reward, and in case of refusal shall for every offence incur a penalty not exceeding twenty dollars.

As amended by Act of 1918,9 Geo. 5 No. 11, s. 6 (4). Decimal currency reference substituted pursuant to section 7 of Decimal

Currency Act of 1965. As to insertion of word "Commissioner", see note to s. 2. See also s. 23. See also Sergeant on Stamp Duties, 4th ed., p. 52.

30. Penalty for registering instrument not duly stamped. 54 & 55 Vic. c. 39, s. 17. If any person whose office it is to register or enter in or upon any books or records any instrument chargeable with duty, or any transaction evidenced by any such instrument produced to him enrols, registers, or enters any such instrument or transaction before the instrument has been duly stamped, he shall incur a penalty not exceeding one hundred dollars:

Provided that any instrument, upon which evidence appears that the instrument has been produced for stamp duty purposes to the proper State officer, shall be deemed to be duly stamped for the purposes of this section.

As amended by Act of 1926, 17 Geo. 5 No. 10, s. 10. Decimal currency reference substituted pursuant to section 7 of Decimal

Currency Act of 1965. See s. 22 (5) and s. 44. As to Registrar of Titles, see Re White and Shaw (1894), 6 Q.L.J. 54. See 33 Halsbury's Laws of England, 3rd ed., p. 289. See also Sergeant on Stamp Duties, 4th ed., p. 52.

31. (Repealed.) Repealed as from 3 July 1967 by Act of 1966, No. 15, s. 4.

31A. Contract notes for stock and marketable security transactions. ( 1) A transfer of any marketable security or right in respect of shares to which sections 31 C, 31 D, 31 E and 31 F of this Act do not apply shall be wholly void and inoperative, whether at law or in equity, unless the name of the purchaser is written therein in ink at the time of delivery by the seller to the purchaser or by the broker or agent of the seller before delivery out of his hands to the purchaser. Moreover any such transfer


which does not contain the name of the purchaser at the time of delivery as aforesaid shall not be made available by the insertion of such name afterwards; and the person transferring such stock or marketable security shall not be divested of his interest therein, but shall remain liable thereon as if he had not sold the same.

(2) A Queensland dealer acting on behalf of the purchaser of any marketable security or right in respect of shares shall not make on the instrument of transfer of such marketable security or right any endorsement with respect to the payment of duty before the name of such purchaser has been written in ink in such instrument.

(3) A person who contravenes the provisions of subsections (1) or (2) of this section shall be guilty of an offence against this Act and liable to a penalty of not more than one hundred dollars.

Upon convicting a Queensland dealer of an offence under this subsection, the adjudicating Court may, whether or not it imposes any penalty, cancel or suspend for a period not exceeding one year his registration as a broker or broker's agent under this Act.

In this subsection the expression "Queensland dealer" has the meaning assigned to it by subsection (1) of section 31 B of this Act.

( 4) In this section-The expression "transfer" means and includes every transfer on sale,

and every instrument of sale whatsoever.

(5) This section does not apply in the case of transactions in connection with Queensland Government Stock or Commonwealth Stock.

Substituted by Act of 1926, 17 Geo. 5 No. 10, s. 11; and as amended by Act of 1929, 20 Geo. 5 No. 21, s. 3; Act of 1962, No. 28, s. 3; (as from 3 July 1967) by Act of 1966, No. 15, s. 5.

As to effect of this section, see also R. v. Wetherell, [1939] Q.W.N. 15: 32 Q.J.P.R. 177 (shares not property of transferee capable of being stolen).

For "stock", "marketable security" and "executes", see s. 2. As to insertion of purchaser's name, see also ss. 53 (5), 53A.

3IB. (1) Interpretation. In sections 31c, 31D, 31E and 31F of this Act unless inconsistent with the context or subject-matter,-

"Broker" means a person who is a member of a prescribed stock exchange and who is registered by the Commissioner under this Act;

"Broker's agent" means any agent or employee of any person who is a broker within the meaning of any corresponding Act-

(a) who is carrying on business for or on behalf of that person in Queensland; and

(b) who is registered by the Commissioner under this Act;

"Corresponding Act" means any law in force in any State or Territory of the Commonwealth which is declared by the Governor in Council by Proclamation published in the Gazette to be a "corresponding Act" for the purposes of sections 3lc, 31D, 31E and 31F of this Act;

"Dealer" means a broker or a broker's agent within the meaning of this Act or any corresponding Act;

STAMP ACTS, 1894 TO 1968 55.31A-31c 337

"Odd lot" means a parcel of marketable securities or rights in respect of shares which is, under the rules of the stock exchange on which the sale or purchase is effected, required to be bought or sold through an odd lot specialist;

"Odd lot specialist" means a broker who is approved by the Commissioner on the recommendation of the stock exchange of which he is a member as an odd lot specialist;

"Prescribed stock exchange" means any stock exchange in Queensland which is for the time being a prescribed stock exchange for the purposes of "The Companies Acts, 1961 to 1964";

"Queensland dealer" means a broker or a broker's agent.

(2) Application of sections 31c to 31F. The provisions of sections 31c, 31D, 31E and 31F of this Act and the charge for duty on the return referred to therein shall apply to and have effect only in the case of a sale or purchase of a marketable security or right in respect of shares for a consideration in money or money's worth of not less than the unencumbered value of the marketable security or right in respect of shares and if such marketable security or right in respect of shares is listed on a recognized stock exchange.

Inserted (as from 3 July 1967) by Act of 1966, No. 15, s. 6. Act referred to:

Companies Acts, 1961 to 1964, title COMPANIES, Vol. 2, p. 31. For Proclamations declaring law to be "Corresponding Act" under subsection

(1) of this section see Gazette 1 July 1967, p. 1074; 28 June 1969, p. 1146.

31c. Sales and purchases to be recorded. (1) Subject to subsections (3) and (4) of this section, a Queensland dealer shall forthwith on a sale or purchase of any marketable security or right in respect of shares being made, or being deemed to have been made, .vhether within or without Queensland-

(a) pursuant to an order lodged with him in Queensland; or (b) on his own account,

make a record of the sale or purchase showing(i) the date of the sale or the purchase;

(ii) the name of the principal (if any) for whom the sale or the purchase was effected;

(iii) the name of the dealer (if any) with whom the sale or the purchase was effected;

(iv) the quantity and full description of the marketable security or right in respect of shares;

(v) the selling or purchasing price of such marketable security or right in respect of shares per unit and in total;

(vi) the amount of stamp duty chargeable.

(2) For the purposes of subsection (1) of this section-(a) a Queensland dealer who makes a purchase, whether on his

own account or on behalf of another person, from any person who is not a dealer shall notwithstanding that no order to sell was in fact lodged with him be deemed to have also made a sale pursuant to an order to sell lodged with him in Queensland by the person from whom he made the purchase;


(b) a Queensland dealer who makes a sale, whether on his own account or on behalf of another person, to any person who is not a dealer shall notwithstanding that no order to purchase was in fact lodged with him be deemed to have also made a purchase pursuant to an order to purchase lodged with him in Queensland by the person to whom he made the sale.

(3) Subsection (1) of this section does not apply to require a Queensland dealer to make a record-

(a) in respect of a sale, where the sale referred to in that subsection is made pursuant to an order to sell lodged with him by or on behalf of another dealer; or

(b) in respect of a purchase, where the purchase referred to in that subsection is made pursuant to an order to purchase lodged with him by or on behalf of another dealer.

( 4) Subsection (1) of this section does not apply to any sale or purchase of marketable securities or rights in respect of shares-

(a) of any public statutory body constituted under the law of this or any other State or of any Territory of the Commonwealth;

(b) on a register situate in a State other than Queensland, the transfer in relation to which would be exempt from duty under the corresponding Act of that State by reason of a provision thereof;

(c) by Her Majesty in right of the Commonwealth of Australia or the State of Queensland;

( d) by any religious body or by trustees upon trust for any religious body;

(e) by any institution in Queensland engaged in the education of students in primary or secondary schools, or by the University of Queensland or any constituent college thereof, or by a rural training school, or by any institution in Queensland (approved by the Minister for the purposes of the exemption set out in the First Schedule to this Act under the heading Conveyance or Transfer) engaged in the relief of poverty, or in the care of sick, aged, infirm, afflicted or incorrigible persons or of children.

(5) Subsection (1) of this section does not apply to any sale or purchase of an odd lot by an odd lot specialist.

(6) A Queensland dealer keeping such a record may incorporate therein additional information for his own use.

(7) Such record shall be kept in a permanent form for a period of at least three years from the date of the sale or the purchase.

(8) The Commissioner may require a Queensland dealer to keep such additional records of such sales or purchases as he considers necessary.

(9) A Queensland dealer who fails to make or keep such a record or such additional records as required by the Commissioner shall be guilty of an offence against this Act.

Penalty: Five hundred dollars.

STAMP ACTS, 1894 TO 1968 ss. 31c, 31D 339

(10) A Queensland dealer shall at reasonable times permit the Commissioner or any inspector or other officer authorized by the Commissioner to enter on premises to inspect papers, records, documents and proceedings for or relating to the sale or purchase of any such marketable security or right in respect of shares.

Penalty: Five hundred dollars. Inserted (as from 3 July 1967) by Act of 1966, No. 15, s. 6.

31D. Returns to be lodged and duty paid. (1) A Queensland dealer shall not later than Thursday of each week-

(a) lodge with the Commissioner a return in duplicate of the sales and purchases made during the last preceding calendar week to which section 31 c of this Act applies in the prescribed form containing a certificate that the record required by the said section 31 c has been duly made and such other particulars as are prescribed; and

(b) pay to the Commissioner as stamp duty in respect of the sales and purchases included in the return except any sale or purchase made by a broker on his own account where, in the case of a sale the marketable securities concerned were purchased by the broker on or within two clear days (not including any day upon which the stock exchange of which he is a member is closed) of the day of the sale, and, in the case of a purchase, where the marketable securities concerned were sold by him on or within two clear days (not including any day upon which the stock exchange of which he is a member is closed) of the purchase-

(i) where the total consideration is less than one hundred dollars at the rate of five cents for every twenty-five dollars and also for any fractional part of twenty-five dollars; and

(ii) where the total consideration is one hundred dollars or more at the rate of twenty cents for every one hundred dollars and also for any fractional part of one hundred dollars,

of the sale price or the purchase price as the case may be: Provided however that where there has been no sale or purchase

the return to be lodged shall be a "NIL" return. (2) A Queensland dealer shall not by reason of any of the

exemptions set out in the First Schedule to this Act under the heading C~nveyance ?r Transfer be exempted in any respect from compliance WIth the reqUIrements of subsection (1) of this section.

(3) A Queensland dealer who fails to lodge such a return or who lodges a return which is false in any material particular shall be guilty of an offence against this Act and liable to a penalty of not more than five hundred dollars and in addition shall be liable to pay an amount equivalent to twice the duty which would have been payable had a return been lodged in accordance with the requirements of this Act.

( 4) A Queensland dealer who fails to pay the duty chargeable on a return lodged by him shall be guilty of an offence against this Act and liable to a penalty of not more than five hundred dollars and in addition shall be liable to pay an amount equivalent to twice the duty which was payable in accordance with the requirements of this Act.

Inserted (as from 3 July 1967) by Act of 1966, No. 15, s. 6.


31E. Endorsement of transfer as to payment of duty. (1) On recording the details of a sale or purchase as set out in subsection (1) of section 31 c of this Act or on the making of a sale or purchase to which subsection (1) of section 31 c of this Act does not apply by virtue of the operation of subsections (4) or (5) of the said section 31 c the Queensland dealer may endorse the transfer with a statement that the stamp duty (if any) has been or will be paid by him and affix his stamp and the date of the endorsement.

(2) A Queensland dealer who so endorses the transfer before the record provided for in subsection (1) of section 31 c of this Act is made shall be guilty of an offence against this Act and liable to a penalty not exceeding one thousand dollars.

(3) The instrument of transfer on being endorsed in respect of the sale and the purchase in accordance with the provisions of this section or in accordance with any corresponding Act shall be deemed to be duly stamped.


31F. Power to dealer to recover duty paid by him. Any Queensland dealer who pays any amount to the Commissioner under this Act may recover from the seller or the purchaser for whom he has or is deemed to have made the sale or purchase the duty in relation to the sale or purchase respectively and without enlarging the right of recovery so given he may-

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

(b) recover such amount from the said seller or purchaser by action as for a debt in a court of competent jurisdiction.


31G. (1) Transfers of marketable securities not to be registered unless duly stamped. A transfer of any marketable security or right in respect of shares shall not be registered recorded or entered in the books of the corporation company or society-

(a) in the case of a transfer to which sections 31c, 31D, 31E and 31 F of this Act do not apply and which is liable to duty under this Act-

(i) unless 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 transferee are set out; and

(ii) unless the instrument is duly stamped; and (b) in the case of a transfer to perfect a sale or purchase to which

sections 31 c, 31 D, 31 E and 31 F of this Act apply-(i) unless a proper instrument of transfer has been delivered to

the corporation company or society; and (ii) unless the transfer is under subsection (3) of section 31 E

of this Act deemed to have been duly stamped.

..

STAMP ACTS, 1894 TO 1968 ss.31E-32A 341

(2) The duty on an instrument of transfer on sale of any marketable security or right in respect of shares to which paragraph (a) of subsection ( 1) of this section applies may be denoted by an adhesive stamp provided that the transferor or transferee has cancelled such stamp by writing on or across it his name or initials and the true date of his so writing.

( 3) Instrument of transfer to be retained by company. 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 Queensland the instrument of transfer shall be retained in Queensland by the corporation company or society for a period of not less than three years.

(4) Penalty. 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 against this Act and for every such offence be liable to a penalty of not more than one hundred dollars.

(5) Saving of title of transferee or subsequent holder after registration of unstamped transfer, etc. 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.


32. Duty on agreements may be denoted by adhesive stamp. The duty upon an agreement under hand only, or any memorandum of an agreement under hand only, and not otherwise specifically charged with duty, may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the agreement or memorandum is first executed.

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 13; Act of 1926, 17 Geo. 5 No. 10. s. 12.

As to "executed", see s. 2. As to cancellation. see s. 18. St3mps on other agreements mllst be impressed, s. 13. For Juties, see First Schedule. "Agreement", pOI·f.

32A. Instalment Purchase Agreements. ( 1) For the purposes of this section-

The expression "Credit purchase agreement" means an agreement for the purchase of goods under which irrespective of the time at which the property in the goods passes or is to pass to the purchaser the purchase price or any part thereof is paid or payable by a number of instalments (not being less than six instalments) which are to be paid over a period of not less than six months and under which any of the instalments are to be paid after the goods have been delivered to the purchaser and whether such instalments are paid or payable by cash or by cheque, bill of exchange or promissory note payable on demand or otherwise;

The expression "Goods" includes all chattels personal other than money, livestock, books and things in action, and includes any fixture severable from the realty;

The expression "Hire-purchase agreement" means agreement for the bailment of goods under which the bailee may buy the goods or under which the property in the goods may pass to the bailee or under which

12


any provision for credit of payments is to be made in the event of a subsequent purchase of the goods, 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;

The expression "Instalment purchase agreement" means a credit purchase agreement, a hire-purchase agreement or a rental agreement;

The expression "Purchase price" means-(a) in the case of a credit purchase agreement or a hire-purchase

agreement, 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 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 for or by way of interest, maintenance, freight, vehicle registration fees, insurance or any other charges whatsoever included in the total amount payable; and

(b) in the case of a rental agreement, the price at which the goods the subject-matter of the agreement might have been purchased for cash at the time of entering into the rental agreement;

The expression "Purchaser" means the person to whom goods are bailed or sold or agreed to be bailed or sold under an instalment purchase agreement;

The expression "Rental agreement" means an agreement for the bailment of goods under which the bailee may after a specified number of instalments of rent (not being less than two instalments) have been paid in respect thereof continue the bailment or from time to time renew the bailment at a nominal rent or without any further payment or on the payment of a nominal periodical or other amount;

The expression "Vendor" means the person by whom goods are bailed or sold or agreed to be bailed or sold under an instalment purchase agreement.

(2) Subject to this section there shall be charged and paid for the use of Her Majesty upon every instrument of instalment purchase relating to any instalment purchase agreement entered into after the commencement of "The Stamp Acts Amendment Act of 1965," the duty specified in the First Schedule to this Act under the heading "Instalment Purchase Agreement":

Provided that where, within ten months of the making of the instalment purchase agreement, the instalment purchase agreement is determined, whether by the purchaser or the vendor of the goods, a rebate of the duty charged pursuant to this section shall be made equal to one-twelfth of one per centum of the amount of the purchase price for each complete month between the determination of the instalment purchase agreement and the expiration of twelve months from the making thereof.

(3) Notwithstanding anything in section 4B of this Act, the stamp duty upon any instrument of instalment purchase relating to any instal

ment purchase agreement shall be payable by and sh"ll constitute a debt

STAMP ACTS, 1894 TO 1968 s.32t1. 343

due and owing to Her Majesty from the vendor and not from the purchaser: Provided that in any case where the vendor is not bound by the provisions of this Act, the said duty shall be payable by and shall constitute a debt due and owing to Her Majesty from the purchaser.

( 4) When in the opinion of the Commissioner it would be practicable or expedient he may enter into an agreement in such form as may be prescribed with any vendor for the delivery to the Commissioner during any period mentioned in the agreement of monthly accounts in respect of all instalment purchase agreements made or entered into by that vendor.

Every account in pursuance of such agreement shall be delivered in duplicate to the Commissioner within fourteen days after the last day of the month in respect of which that account is deliverable.

Every such account shall be a full and true account of all unstamped instalment purchase agreements made or entered into by the vendor during the month for which the same is delivered and shall contain such particulars as may be prescribed.

After an agreement has been entered into between the Commissioner and any vendor, and during the period for which such agreement is in force, no instrument shall be liable to be stamped with the stamp duty chargeable in respect of any instalment purchase agreement covered by such agreement, but in lieu of such stamping the duty chargeable in respect of each and every such instalment purchase agreement shall become payable upon the due date for the delivery of the account in respect of that instalment purchase agreement and shall be paid to the Commissioner upon the delivery of that account in duplicate.

The aggregated amount of the duty upon instalment purchase agreements paid upon the delivery of an account shall be denoted by stamps to that amount impressed upon the original declaration prescribed by this subsection to accompany that account.

Any amount of duty payable to the Commissioner upon the delivery of any account and not paid on or before the due date for delivery of that account shall be a debt due to Her Majesty from the person by or on whose behalf the account is deliverable, and may be recovered accordingly.

If default is made in delivering any account or in paying any amount of duty in compliance in every respect with the requirements of this subsection, the person in default shall be liable to pay to Her Majesty by way of penalty a sum equal to ten per centum upon the amount of duty payable, and a like penalty for every month after the first month during which default continues; and every such sum shall be a debt due to Her Majesty, and may be recovered accordingly.

Every such account shall be accompanied by a declaration in duplicate under "The Oaths Acts, 1867 to 1959," verifying the particulars set out in the account, which particulars shall comprise in respect of each instalment purchase agreement-

(a) the name and address of the vendor; (b) the name of the purchaser; (c) the purchase price; and (d) the amount of duty payable.

344 STAMP DUTIES \01. 10

The declaration and account so stamped-(a) shall be returned to the person lodging same; (b) shall be retained by him for a period of at least three years;

and (c) shall at any reasonable time during the said period be pro

duced by him for inspection by the Commissioner or by an Officer authorized by the Commissioner for that purpose.

Any agreement entered into by the Commissioner under the provisions of subsection (6) of section 32A of "The Stamp Acts. 1894 to 1964," prior to and in force at the date of the passing of "The Stamp Acts Amendment Act of 1965," shall be deemed to be an agreement entered into by the Commissioner under this subsection for the balance of thc period tilereof still to run at that date and evcry such agreement shall continue in force under, subject to and in accordance with the provisions of this section accordingly, and for that purpose shall be read and construed with and subject to all necessary adaptations. including by substituting for the expression "hire··purch;.l~T agreement" \\!1ere,oever appearing therein the expression "instalment purchase agreement".

(5) (a) A vendor cr otber peEon shall not add the amount of any duty or any part of tbe duty payable by the vendor as aforesaid to any amount payable by tile purchaser of :my goods (whether under the agreement or otherwise) or otherwise demand or recover or 'eek to recover any such amount from the r:·rchaser.

(b) In the case of a contravention of the provi~ions of this subseetion-

(i)

(ii)

the court bv which the offcnJer is convicted ~hall in addition to imposing a penalty order the dekndant to refund io the rnrchaser any stich amount which ha'; been paid by the purchaser; or the purchaser may recover any ~ucb amount from the pen-on to whom he paid it in a magistrates court as a civil debt recoverable summarily for money paid.

(6) (a) The vendor of any goods under an instalment purchase agreement shall, where the purchase price is not less than twenty dollars, at or before the time of the making of the agreement prepare an original instrument in relation to the agreement in accordance with the requirements of this section.

(b) Such original instrument shall be-(i) if the instalment purchase agreement IS in writing, the agree

ment as in writing; (ii) in any other case, a memorandum in writing of tbe agree

ment prepared for the purposes of this section. (c) An imtrument shall not be in accordance with the require

ments of this section unless-(i) it clearly and truly sets out-

(A) the names of the parties thereto; (B) the full name and address of the vendor within the

meaning of this section (identified as vendor or as owner);

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

STAMP ACTS, 1894 TO 1968 SS. 32A, 33 345

(D) 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;

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

(F) the total amount payable under the agreement for or by way of interest, maintenance, freight, vehicle registration fees, insurance or any other charges whatsoever included in the total amount payable;

(G) the pcuchasc price within the meaning of tlus section; (ii) it is boldly marked "Original Instrument" on the front or

first page thereof; and (iii)-

(A) it is stamped in accordance with the provisions of this Act and within the time prescribed herein;

(B) whe re the vendor has entered into an agreement with the Commissioner for monthly accounting pursuant to the provisions of subsection (4) of this section, he shall have boldly marked on the front or first page thereof "Stamp Duty accounted for on monthly account by agreement with the Commissioner of Stamp Duties".

(d) The vendor or, if tIle vendor's rights under the agreement are assigned to any other person, that other person shall keep every such original instrument readily available for inspection throughout the period during which goods are bailed or any rent or instalment of purchase price or other moneys is or are payable under the agreement and shall at any reasonable time during the said period on demand produce it for in:.;pection by the Commissioner or by an officer authorized in writing by the Commissioner for the purpose whether generally or in a particular case.

(7) Notwithstandir.g anything in this Act, a counterpart of an original instrument of instalment purchase, which original instrument is chargeable with duty under this section, 5hall not be chargeable with d~lly as an original instrument or counterpart of an instrument.

(8) Every person who contravenes or fails to comply with any of the provisions, other than a provision of subsection (4), of this section shall be guilty of an offence and liable to a penalty of not more than two hundred dollars.

Substituted by Act of 1965, No. 46, s. 3; and amended by Act of 1968, No. 11, s. 5.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.

f\cts referred to: Stamp Acts Amendment Act of 1965, No. 46, not reprinted. Oaths Acts, 1867 to 1960, title OATHS, Vol. 13, p. 321.

33. Charter-party may be stamped with adhesive stamp. 54 & 55 Vic. c. 39, s. 49. The duty upon a charter-party may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the instrument is last executed, or by whose execution it is completed as a binding contract.

For "charter-party" and "t'xecuted", see s. 2.

346 ST AMP DUTIES

For duty, see First Schedule, ··Charter Party", pool.

As to cancellation of stamp, see s. 18. See 41 English and Empire Digest (Rp!.), p. 235.

Vol. 16

34. Penalty for issue of unstamped share certificate, etc. Any person who issues or delivers out any document chargeable with duty as a share certificate or other document entitling any person to become the proprietor of any share or shares in any company or proposed company, before the same is duly stamped, shall be liable to a penalty not exceeding forty dollars.

Repealed by Act of 1918, 9 Geo. 5 No. 11 s. 14; and new section inserted by Act of 1926, 17 Geo. 5 No. 10, s. 13.


For duty, see First Schedule, "Share Certificate", post.

35. Credit and Rental Business. (1) For the purposes of this section and sections 35A, 35B, 35c, 350 and 35E of this Act-

The expression "Acceptable rate of interest" in relation to a loan bona fide secured on any interest in land, means the rate of interest which the lender agrees to accept so long as the borrower duly observes and performs all his covenants and agreements including those relating to the prompt payment of interest;

The expression "Credit business" means the business of making loans or entering into credit arrangements or discount transactions but does not include-

(a) the business of a pawnbroker carried on in accordance with the provisions of "The Pawnbrokers Act of 1849";

(b) any business which is effected or evidenced by an instrument of the kind referred to in section 32A of this Act;

The expression "Credit arrangement" means any arrangement for the provision of credit in relation to the sale of goods or the provision of services where any amount in excess of the cash price is or may be charged for or in relation to the goods or services pursuant to the arrangement, but does not include any arrangement if the only amount in excess of the cash price that is or may be chargeable is an amount that does not exceed the amount that would have been chargeable if the arrangement required the payment of interest at a simple annual rate of nine per centum per annum on the amount of credit provided under the arrangement and from time to time out~tanding;

The expression "Discount transaction" means the purchase acquisition discounting or factoring of book debts or other things in action (not being the purchase acquisition discounting or factoring of marketable securities) for a consideration which is less than the amount of the book debt or the nominal or face value of the thing in action but does not include the purchase acquisition discounting or factoring of-

(a) any book debt or other thing in action from a corporaiion by any other corporation which is by virtue of subsection (5) of section six of "The Companies Acts, 1961 to 1964," deemed to be related to that firstmentioned corporation where the consideration is not less than ninety-six per centum of the amount of the book debts or the nominal or face value of the other thing in action;

STAMP ACTS, 1894 TO 1968 ss.33-35 347

(b) any book debt or other thing in action which relates solely to an amount due to any person in the Commonwealth of Australia for goods or other chattels personal which have been exported by that person from the Commonwealth of Australia; or

(c) any bill of exchange or promissory note at a discount rate not exceeding nine per centum per annum;

The expression "Goods" includes all chattels personal other than money, livestock and things in action and includes any fixture severable from the realty or, in the case of land held from the Crown for a leasehold estate, from such land;

The expression "Interest" does not indude-(a) any sum lawfully agreed to be paid on account of duties or

fees payable under any Act; (b) any sum payable to a legal practitioner for costs necessarily

incurred by the lender in relation to a loan bona fide secured on any interest in land;

(c) any sum lawfully agreed to be paid in respect of the valuation of any real property or any estate or interest in real property or, in the case of land held from the Crown for a leasehold estate, such leasehold estate or any lesser interest in such land given as security for the loan if the sum payable does not exceed the amount payable for such a valuation under the scale of fees for the time being fixed by the Real Estate Institute of Queensland,

but save as aforesaid includes any amount (by whatsoever name called) in excess of the principal which amount has been or is to be paid or payable in consideration of or otherwise in respect of a loan;

The expression "Loan" includes(a) an advance; (b) money paid for or on account of or on behalf of or at the

request of any person; (c) a forbearance to require payment of money owing on any

account whatsoever; and (d) any transaction (whatever its terms or form) which in

substance effects a loan of money, but docs not include any loan advance payment forbearance or transaction at a rate of interest not exceeding nine per centum per annum;

The expression "Principal" means in relation to a loan the amount actually lent;

The expression "Rate of interest" in relation to a loan bona fide secured on any interest in land, means the acceptable rate of interest;

The expression "Registered person" means a person who is registered under the provisions of section 35A of this Act;

The expression "Rental business" means the business of granting to any person rights to use any goods other than books whether pursuant to a lease bailment or license or otherwise, but does not include the business of granting to any person the right to use goods in conjunction with a lease of or license to occupy or use any real property or, in the case of land held from the Crown for a leasehold estate, such land.

348 STAI\IP DUTIES Vol. 16

(2) For the purposes of this section and sections 35A, 35B, 35c, 350 and 35E of this Act where the interest charged on a loan is not expressed in terms of a rate per centum per annum such rate shall be the maximum rate per centum per annum at which the payments required to be made by the borrower would, if duly made, extinguish his indebtedness in respect of both principal and interest on the making of the final payment.

(3) In this section any reference to interest at a rate per centum per annum is a reference to a simple annual rate on the balance of the loan or obligation from time to time outstanding.

(4) This section and sections 35A, 35B, 35c, 350 and 35E of this Act do not apply to the transaction of any credit business with a bank as defined in section five of the Banking Act 1959 of the Commonwealth as amended from time to time other than to-

(a) a loan which is not an overdraft on current account; or (b) a purchase acquisition discounting or factoring of bills of

exchange or promissory notes at a discount rate in excess of nine per centum per annum.

(5) A person is not required to register under section 35A of this Act by reason only of the fact that he acts as agent for or is the employee of a person who carries on any credit business or rental business and who is registered under section 35A of this Act.

(6) In the interpretation of "Discount transaction" the reference to the amount of the book debt or the nominal or face value of the thing in action shall be read and construed as not including a reference to any amount payable as interest or appropriated to interest with respect to that book debt or thing in action.

Original section repealed by Act of 1955, 4 Eliz. 2 No. 13, s. 2; and present section inserted (as from I August 1968) by Act of 1968, No. 11, s. 6 (2).

Acts referred to: Pawnbrokers Act of 1849, title PAWNBROKERS. Vol. 13, p. 467. Companies Acts, 1961 to 1%4, title COM PAN r FS, Vol. 2, r ~ 1 . Banking Act 1959-1967 Commonwealth.

35A, Persons carrying on credit or rental business to be registered. ( 1) A person shall not in Queensland carryon any credit business or any rental business (whether or not he carries on any other business) or advertise or hold himself out in any way as carrying on any such business whether the head office or principal place of business of that person is in Queensland or elsewhere unless he is registered under this section.

Any person who contravenes the provisions of this subsection is guilty of an offence against this Act and is liable to a penalty of not more than five thousand dollars, and additionally to a penalty of not more than five hundred dollars for each and every day on which he continues the offence after he is convicted therefor.

(2) Any person who, in the course of any business-(a) undertakes negotiations in Queensland with the object of

transacting any credit business or rental business; or (b) enters into discount transactions which relate to book debts

or other things in action which are situated or enforceable in Queensland,

shall be deemed to carryon credit business or rental business, as the case may be, in Queensland whether he has an established place of business in Queensland or not.

STAMP ACTS, 1894 TO 1968 88.35·35B 349

(3) The Commissioner shall register any person who applies, in the prescribed form or in a form to the like effect, for registration under this section.

(4) A registered person who ceases to carryon credit business and rental business in Queensland may by notice in the prescribed form given to the Commissioner cancel his registration under this section.

Inserted (as from 1 August 1968) by Act of 1968, No. 11 s. 6 (2).

35B. Statements to be lodged by registered persons with the Conunissroner. ( 1) A registered person shall not later than the twenty-first day of each calendar month-

(a) deliver to the Commissioner a statement in the prescribed form and verified in the prescribed manner showing-

(i) the total amount of all loans made by him during the last preceding month except short term loans and housing loans;

(ii) the amount equal to one per centum of the amount referred to in subparagraph (i) of this paragraph;

(iii) the sum of the total amount of all short term loans (except housing loans) made by him during the last preceding twelve months, which were outstanding in whole or in part at the end of the last preceding month and the total amount of all such short term loans (except housing loans) made within the last preceding month and repaid within that month;

(iv) the amount equal to one twelfth of one per centum of the sum referred to in subparagraph (iii) of this paragraph;

(v) the total amount expended by him during the last preceding month in discount transactions other than short term discount transactions;

(vi) the amount equal to one per centum of the amount referred to in subparagraph (v) of this paragraph;

(vii) the sum of total amounts expended by him in respect of short term discount transactions to the extent that they, at the end of the last preceding month, remained unrealized (whether by collection sale disposal or any other form of realization) where the book debts or other things in action purchased acquired discounted or factored by him were so purchased acquired discounted or factored during the last preceding twelve months and the total amount expended by him in respect of short term discount transactions entered into and comrlc:ed by collection sale disposal or other form of realization within the last preceding month;

(viii) an amount equal to one twelfth of one per centum of the sum referred to in subparagraph (vii) of this paragraph;

(ix) the total of all amounts debited by him for the sale of goods or the provision of services during the last preceding month pursuant to a credit arr:ll1gement made by him under which credit in excess of two hundred dollars is or may be obtained less any amounts credited against amounts so debited in respect of goods returned or services not provided;


(x) an amount equal to one per centum of the total of the amounts referred to in subparagraph (ix) of this paragraph;

(xi) the total amount received by him during the last preceding month in respect of his rental business for or in relation to the use of goods other than books;

(xii) an amount equal to one-quarter of one per centum of the amount referred to in subparagraph (xi) of this paragraph;

(xiii) the total amount paid or payable pursuant to section four of this Act, under the heading "MORTGAGE, BOND, DEBENTURE and COVENANT" or the heading "BOND, COVENANT OR INSTRUMENT of any kind whatsoever" in the First Schedule to this Act-

(a) in respect of any instrument executed during the preceding three months; or

(b) pursuant to subsection (2) of section sixty-eight of this Act in respect of any security deemed by that subsection for the purpose of stamp duty to be a new and separate instrument and to bear a date on a day within the preceding three months,

which secures any of the loans included in the total amount of loans referred to in subparagraphs (i) or (iii) or any credit arrangements referred to in subparagraph (ix) of this paragraph and in respect of which an amount has not been included under this subparagraph in any previous statement but to the extent only to which the amounts so paid or payable are attributable to the loans so included in the total amount of loans referred to in subparagraphs (i) or (iii) of this paragraph or to the total of debits pursuant to credit arrangements referred to in subparagraph (ix) of this paragraph; and

(b) pay in cash to the Commissioner as stamp duty on that statement a sum equal to the difference between the sum of the amounts referred to in subparagraphs (ii), (iv), (vi), (viii), (x) and (xii) of paragraph (a) of this subsection and the amount referred to in subparagraph (xiii) of paragraph (a) of this subsection but where any loan has been included pursuant to subparagraph (i) of paragraph (a) of this subsection in a statement lodged with the Commissioner and that loan is repaid within ten months of the making of the loan the registered person may deduct from the amount to be paid pursuant to this paragraph an amount equal to one twelfth of one per centum of the amount of the loan so repaid for each complete month between the repayment of the loan and the expiration of twelve months from the making of the loan:

Provided that where-(a) any registered person carries on rental business and does not

carry on any credit business; and

(b) the total amount received by him during the last preceding twelve months in respect of his rental business for or in

STAMP ACTS, 1894 TO 1968 S.3SB 351

relation to the use of goods other than books did not exceed ten thousand dollars,

he may by notice in writing given to the Commissioner elect to lodge with the Commissioner not later than the thirty-first day of March in each year a statement showing the total amount received by him in the period between the first day of February in the last preceding year and the thirty-first day of January in the year in which the statement is lodged in respect of his rental business for or in relation to the use of goods other than books (other than any amount previously included in a statement lodged with the Commissioner pursuant to paragraph (a) of this subsection) and to pay in cash to the Commissioner as stamp duty on that statement an amount equal to one-quarter of one per centum of such total amount but where the total amount received in that period does not exceed two thousand dollars such registered person shall not be liable to pay to the Commissioner any stamp duty on that statement:

Provided further that any such election may be cancelled with effect as from and in relation to the year commencing on the first day of February next following by notice in writing under the hand of the registered person given to the Commissioner or by notice in writing under the hand of the Commissioner given to the registered person if the Commissioner is satisfied that the total amounts received by any registered person who has so elected was in excess of fifteen thousand dollars in any period of twelve months.

In this subsection-The expression "Housing loan" means a loan which the borrower

has declared by statutory declaration in the prescribed form to have been obtained for the purpose of defraying the whole or part of the cost of the construction or acquisition of a house or flat;

The expression "short term discount transaction" means a discount transaction which the registered person has elected in the prescribed manner to treat as a short term discount transaction;

The expression "short term loan" means a loan which the registered person has elected in the prescribed manner to treat as a short term loan or any loan which is a loan upon an account current other than a loan upon an account current which the registered person has declared in the prescribed manner and within the prescribed period to be a special account current.

For the purposes of this subsection the amount of a loan upon an account current other than a special account current with a registered person in relation to any statement is the maximum amount of principal due to the registered person on the account at any time during the last preccding month and any such loan shall be deemed to have been made and repaid in that last preceding month and the amount of a loan upon a special account current in relation to any statement is the total amount of the loans made upon that account by the registered person in that last preceding month.

(2) The amounts referred to in paragraph (a) of subsection (1) of this section indude-

e a) in relation to loans, the amount of loans made by or on behalf of the registered person to persons resident or domiciled in Queensland or in respect of which any of the negotiations have taken place in Queensland;


(b) in relation to discount transactions, the amount of the con· sideration given by the registered person for book debts or other things in action situated or enforcearJe in Queensland;

(c) in relation to credit arrangements, the amount of credit provided by or on behalf of the registered person with respect to goods sold or services provided in Queensland; ?ond

(d) in relation to rental business, amounts received by or on behalf of the registered person in respect of the use of goods where-

(i) the right to use the goods was granted in Queensland; (ii) any of the negotiations by or on behalf of the registered

person with respect to the grant of the right to use the goods were undertaken in Queensland; or

(iii) the goods were delivered in Queensland to the grantee of the right to use those goods.

(3) The duty paid by the registered person shall be denoted on the statement.

(4) The stamp duty payable upon delivery of any declaration referred to in subsection (1) of this section shall from and after the due date of delivery constitute a debt due and owing to Her Majesty from the person on whose account the statement is deliverable and any unpaid amount thereof shall be recoverable from such person in any court of competent jurisdiction by the Commissioner on behalf of the Crown by action or other proceedings in his official name.

(5) Nothing in this section shall require a registered person to include in the statement required to be submitted to the Commissioner by subsection (l) of this section an amount in respect of-

(a) any transaction entered into by him in the course of any business carried on by him in accordance with the provisions of "The Pawnbrokers Act of 1849";

(b) any transaction effected or evidenced by an instrument to which section 32A of this Act applies;

(c) any loan, discount transaction, or debit pursuant to a credit arrangement, or grant of the right to use any goods, made given or entered into before the date of the coming into force of section six of "The Stamp Acts Amendment Act of 1968";

(d) such part of the amount of any loan which is secured upon-(i) an interest in a loan or upon book debts or other things in

action acquired in a discount transaction the amount of which loan or discount transaction was included by the borrower in a statement forwarded to the Commissioner pursuant to paragraph (a) of subsection (l) of this section; or

(ii) an interest in an instalment purchase agreement in respect of which, pursuant to section 32A of this Act, the duty specified in the First Schedule to this Act under the heading INSTALMENT PURCHASE AGRI'EMENT has been paid,

as is equal to the value of the interest upon which the loan i~ secured;

STAMP ACTS. 1894 TO 1968 ss.358-350 353

(e) any discount transaction to the extent that the discount transaction relates-

(i) to a book debt or other thing in action the amount of which was included in a statement forwarded to the Commissioner pursuant to paragraph (a) of subsection ( 1 ) of this section; or

(ii) to an instalment purchase agreement in respect of which, pursuant to section 32A of this Act, the duty specified in the First Schedule to this Act under the heading INSTALMENT PURCHASE AGREEMENT has been paid;

(f) any business transacted by him outside Quenesland if(i) none of the negotiations leading to the transaction of the

business took place in Queensland; and (ii) the amounts obtained or the goods obtained by the other

party to the transaction were obtained for the purpose of being expended or used exclusively outside Queensland,

but a registered person shall supply to the Commissioner such particulars of the matters referred to in this subsection as are prescribed or as are in any particular case required by the Commissioner.

Inserted (as from I August 1968) by Act of 1968, No. II. s. 6 (2). Acts referred 10:

Pawnbrokers Act of 1849, title PAWNBROKERS. Vol. 13. p. 467. Stamp Acts Amendment Act of 1968, not reprinted.

35c. Registered persons to keep records. ( 1) A registered person shall keep or cause to be kept in Queensland sufficient books and records to enable him to calculate accurately the total amounts which are to be set out in the monthly statements required to be submitted to the Commissioner under section 35B of this Act; and shall keep such books and records as well as all working papers used in such calculations available for inspection for a period of at least three years from the month to which each such return relates or for such lesser period as the Commissioner determines in any particular case.

Any person who contravenes or fails to comply with any of the provisions of this subsection is guilty of an offence against this Act and liable to a penalty of not more than five hundred dollars.

(2) Where the Commissioner is satisfied that-(a) it is not reasonably practicable to calculate precisely any total

amount which is to be set out in the statement of a registered person he may agree to accept statements from that person in which that total amount is calculated in such manner or on such basis as he thinks fit; or

(b) in the circumstances in a particular case it is not reasonable to require statements to be lodged by the registered person in each month he may agree to accept statements at such times and relating to such periods as he thinks fit,

but any such agreement may be cancelled by notice in writing under the hand of the Commissioner given to the registered person.

Inserted (as from 1 August 1968) by Act of 1968, No. 11, s. 6 (2).

35D. Penalties. ( 1) A registered person who fails to comply with any of the requirements of section 35B of this Act is guilty of an offence against this Act and liable to a penalty of not more than five hundred


dollars and liable to pay a penalty equal to double the amount of any duty that would have been payable if that section had been complied with.

(2) Any person who is guilty of an offence against subsection (1) of section 35A of this Act shall in addition to any other penalty that may be imposed, be liable to pay a penalty equal to double the amount of duty that would have been payable if he had been a registered person and had complied in all respects with the provisions of this Act.

Inserted (as from 1 August 1968) by Act of 1968, No. II, s. 6 (2).

35E. As to transactions with unregistered persons. (1) Where any person domiciled or resident in Queensland transacts or offers to transact any business with a person carrying on any credit business or rental business (whether within or outside Queensland) who is not a registered person he shall forthwith make a note or memorandum in writing of the transaction or offer containing such particulars as are prescribed.

(2) A note or memorandum made for the purposes of subsection ( I) of this section shall be chargeable with duty for the use of Her Majesty-

(a) at the rate of one per centum of, in the case of a note or memorandum relating to-

(i) a credit arrangement, the amount of credit provided or to be provided;

(ii) a discount transaction, the amount of the consideration for the purchase acquisition discounting or factoring of the book debts or other things in action;

(iii) a loan, the amount of the loan, and (b) at the rate of one-quarter of one per centum of, in the case

of a note or memorandum relating to-(iv) any rental business, the amount that is or will be payable

for the use of the goods but where the amount is not capable of being determined the person making the note or memorandum shall be liable in lieu of paying duty as aforesaid to pay a duty of ten cents on the note or memorandum and to pay not later than the thirty-first day of March in each year further duty on the note or memorandum of an amount equal to one-quarter of one per centum of the amount paid by him in respect of the use of the goods during the year ending on the thirty-first day of January then last past.

(3) The duty referred to in subsection (2) of this seetion shall be paid by the person liable to make the note or memorandum within seven days of the making of the note or memorandum.

(4) A note or memorandum which is not stamped as required by thi~ section may be stamped on payment of a penalty of double the amount of duty that should have been paid and a penalty of fifty dollars.

(5) Any person who fails to comply with subsection (1) of this section shall be liable to pay a penalty equal to double the amount of the duty that would have been payable if he made a note or memorandum in writing of the transaction or offer in compliance with the requirements of subsection (1) of this section.

STAMP ACTS. 1894 TO 1968 !is. 350-36 355

(6) Notwithstanding anything in this section a person domiciled or resident in Queensland need not make a note or memorandum of any business transacted or offered to be transacted-

(a) if the business relates to a loan for an amount of less than twenty thousand dollars and is not secured by a mortgage or charge over property in Queensland;

(b) if the business is an arrangement for the provision of credit in relation to the sale of goods or the provision of services other than a loan or a discount transaction;

(c) if the business relates to the grant of a right to use any goods and the total amount that is or will be payable for the use of the goods does not exceed one hundred dollars or the grant of the right to the use of the goods is for a period of fourteen days or less;

(d) with a person carrying on business outside Queensland if(i) none of the negotiations leading to the transaction of or to

the offer to transact the business were carried out in Queensland; and

(ii) the amount obtained or the goods obtained by him were obtained for the purpose of being expended or used exclusively outside Queensland;

(e) with the Crown or any person acting on behalf of the Crown whether in right of the Commonwealth or any State of the Commonwealth; or

(f) Which is not a credit arrangement, a discount transaction a loan or the grant of the right to use goods.

rnserted (as from 1 August 1968) by Act of 1968, No. 11, s. 6 (2).

36. Meaning of "Bill of Exchange." 54 & 55 Vic. c. 39, s. 32. For the purposes of this Act, the expression "Bill of Exchange" includes draft, order, cheque, and letter 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; and the expression "Bill of Exchange payable on demand" includes-

(a) An order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money or for the payment of any sum of money out of any particular fund which mayor may not be available, or upon any condition or contingency which mayor may not be performed or happen; and

(b) An order for the payment of any sum of money weekly, monthly, or at any other stated periods, and also an order for the payment by any person at any time after the date thereof of any sum of money, and 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.

Provided that an order for the payment of money directed to a sugar milling company, or to a dairy company, or to an association registered under "The Primary Producers' Co-operative Associations Acts,


1923 to 1926," or any Act amending the same, or to any board constituted under "The Primary Producers' Organisation and Marketing Acts, 1923 to 1928," or any Act amending the same, or under "The Fruit Marketing Organisation Acts, 1923 to 1928," or any Act amending the same, or under "The Wheat Pool Acts, 1920 to 1928," or any Act amending the same, or to any flour-milling company pursuant to any agreement between any such company and the Board constituted under such last-mentioned Acts, or to any board constituted under any law dealing with the destruction of dingoes and marsupials and pests generally, or any such other like board or association or authority as the Governor in Council may from time to time by Order in Council determine, whether or not the said order is delivered to the person to whom the payment is to be made, or to any person on his behalf, or to the person by whom the payment is to be made, and whether or not any certain sum of money is named therein, the said order shall be deemed to be a bill of exchange payable on demand.

As amended by Act of 1929, 20 Geo. 5 No. 21, s. 4. Acts referred to:

Primary Producers' Co-operative Associations Acts, 1923 to 1965, title PRIMARY PRODUCE, Vol. 13, p. 729.

Primary Producers' Organisation and Marketing Acts, 1926 to 1966, title PRIMARY PRODUCE, Vol. 13, p. 785.

Fruit Marketing Organisation Acts, 1923 to 1964, title PRIMARY PRODUCE, Vol. 13, p. 697.

Wheat Pool Acts, 1920 to 1957, title AGRICULTURE, Vol. I, p. 464. For duty, see First Schedule, "Bill of Exchange", post. Compare the definition of "bill of exchange" in the Bills of Exchange Act

1909-1958, s. 8 (Commonwealth). As to whether a notice to the debtor of an assignment of a debt is within

the second paragraph, see Gregerson v. Carter (1901), 27 V.L.R. 251. For English cases, see 3 Halsbury's Laws of England, 3rd ed., p. 242; 6

English and Empire Digest, (Rpl.), p. 461. See also Sergeant on Stamp Duties, 4th ed., p. 68: Lee's Stamp and I::,tatc

Duties, 3rd cd., p. 93.

37. Meaning of "Promissory Note." 54 & 55 Vic. c. 39, s. 33. (1) For the purposes of this Act, the expression "Promissory Note" includes any document or writing (except a bank note) containing a promise to pay any sum of money.

(2) A note promising the payment of any sum of money out of any particular fund which mayor may not be available, or upon any condition or contingency which mayor may not be performed or happen, is to be deemed a promissory note for that sum of money.

For duty, see First Schedule, "Bill of Exchange", post. Compare the definition in the Bills of Exchange Act 1909-1958, ~. 8'>

(Commonwealth) . As to bank notes, sec s. 58, and notes thereto. The words of subsection (1) are not to be construed literally. They are limited

to documents whic~ consist subs~~mtially of a promise to pay, and do not extend to documents contammg a promIse to pay in connection with a number of other stipulations, Mortgage ]nsl{wf1ce Corpn. Ltd. v. Comrs. of In/alld RCI't'I1UC (1883). 21 Q.B.D. 352: RI' Stamps Act, [1906] V.L.R. 364. A rlebenture is'iued bv a c~mp:my givinl' security over its property and containing a promise to pay is -not \\Ithlll the sectIOn, Itl' SllImp.\' ACi • . 1 fil' I'll.

To come .within subsection (2), a n?te must consist suhstantially of a promise to p~y ~I d~flr.I:t: s!.lm of money and nothmg else, Miers v. Bett (1901),20 N.Z.L.R. 367; Hickling v. Todd (1889), 15 V.L.R. 154; Yeo v. Dawe (1885), 53 L.T. 125.

STAMP ACTS, 1894 TO 1968 ss.36·40 357

For English cases, see 3 Halsbury's Laws of England, 3rd ed., p. 245; 6 English and Empire Digest, (Rpl.), p. 465.

See also Sergeant on Stamp Duties, 4th cd., p. 73; Lee's Stamp and Estate Duties, 3rd cd., p. 94.

38. Duties on foreign bills of exchange, etc. The duties in respect of bills of exchange or promissory notes drawn out of the Colony shall be payable upon all such bills or promissory notes if and when paid, endorsed, transferred, or otherwise negotiated within the Colony wheresoever payable.

See also ss. 39-4l. See also Sergeant on Stamp Duties, 4th ed., p. 77.

39. Provisions for nse of adhesive stamps on bills and notes. 54 & 55 Vic. c. 39, s. 34. (1) The fixed duty of five cents on a bill of exchange payable on demand or at sight, or on presentation, may be denoted by an adhesive stamp, which, where the bill is drawn in the Colony of Queensland, is to be cancelled by the person by whom the bill is signed before he delivers it out of his hands, custody, or power.

(2) The ad valorem duties upon bills of exchange and promissory notes drawn or made out of the Colony of Queensland may be denoted by adhesive stamps.

(3) The ad valorem duties upon bills of exchange drawn or made in Queensland and payable at a place or places outside Queensland may be denoted by adhesive stamps.

As amended by Act of 1926, 17 Geo. 5 No. 10, s. 14; Act of 1956, 5 Eliz. 2 No. 13, s. 2; Act of 1962, No. 28, s. 4; Act of 1965, No. 46, s. 4 (1) (as from 1 December 1965).


Except as expressly allowed, duty must be denoted by impressed stamps, s. 13. The manner of cancellation is prescribed by s. 18.

40. Provisions as to stamping foreign bills and notes. 54 & 55 Vic. c. 39, s. 35. (1) Every person into whose hands any bill of exchange or promissory note drawn or made out of the Colony of Queensland comes in the Colony of Queensland before it is stamped shall, before he presents for payment, or endorses, transfers, or in any manner negotiates or pays the bill or note, cause the same to be stamped with an impressed stamp, or affix thereto a proper adhesive stamp, or proper adhesive stamps, of sufficient amount, and cancel every stamp so affixed thereto.

(2) Provided as follows:-(a) If at the time when any such bill or note comes into the hands

of any bona fide holder there is affixed thereto an adhesive stamp effectually cancelled, the stamp shall, so far as relates to the holder, be deemed to be dul\' cancelled, althou:::h it mav not appear to have been affixed- or cancelled by the prope-r person;

(b) If at the time when any such bill or note comes into the hands of any bona fide holder there is affixed thereto an adhesive stamp not duly cancelleu, it shall be competent for the hol~!cr to cancel the stamp as if he were the person hy whom it was affixed, and upon his so doing, the bill <'r

note shall he deemed duly stamped, and as valid and availahle as if the stamp h::d been cancelled by the person by ,,,hom it was affixed.


( 3 ) (Repealed. )

( 4) When a bank or banking company receives a draft from outside the Colony for acceptance and payment within the Colony, it shall be lawful for such bank or banking company to affix adhesive stamps for denoting the duty chargeable thereon.

(5) But neither of the foregoing provisoes is to relieve any person from any penalty incurred by him for not cancelling an adhesive stamp.

As amended by Act of 1918,9 Geo. 5 No. II, s. 6 (4); Act of 1962, No. 28, s. 5.

As to insertion of the word "Commissioner", see note to s. 2.

As to stamping foreign bills and notes, see also s. 38. For when adhe,ive ,tamps may be used. see s. 39. The manner of cancellation of adhesive stamps is prescribed by s. 18.


41. Penalty for issuing, etc., any unstamped bill or note. 54 & 55 Vic. c. 39, s. 38. (1) Every person who issues, endorses, transfers, negotiates, presents for payment, or pays any bill of exchange or promissory note liable to duty, and not being duly stamped, shall incur a penalty not exceeding one hundred dollars, and the person who takes or receives from any other person any such bill or note, either in payment or as a security, or by purchase or otherwise, shall not be entitled to recover thereon, or to make the same available for any purpose whatever, until it is duly stamped.

(2) Provided that if any bill of exchange payable on demand or at sight, or on presentation, is presented for payment unstamped or insufficiently stamped, the person to whom it is presented may affix thereto an adhesive stamp of the proper amount for the due stamping thereof, and cancel the same, as if he had been the drawer of the bill, and may thereupon pay the sum in the bill mentioned, and charge the duty in account against the person by whom the bill was drawn, or deduct the duty from the said sum, and the bill is, so far as respects the duty, to be deemed valid and available.

(3) But the foregoing proviso is not to relieve any person from any penalty incurred by him in relation to such bill.

As amended by Act of 1926,17 Geo. 5 No. 10, s. 15. Decimal currency reference substituted pursuant to section 7 of Decimal

Currency Act of 1965. See also ss. 26, 38, 40. The words "shall not be entitled to recover" refer to recovery by judgment,

Wackett v. Cowley, [1903] St. R. Qd. 227. The contract is not rendered void by failure to stamp and it appears that such failure should not be pleaded as a defence. See s. 4A, and Commercial Banking Co. of S ..... dlley v. BolRer (1867). 1 S.C.R. 165.

If there is ~pparently ~othing wro?& with the cancellation of the stamp the taker of a bIll or note IS not prohIbIted from suing on it, Bagley Bros v. Ellison (1890), 16 V.L.R. 263. And see Australasian Mortgage and Finance Co. v. Guthridge (1891), 17 V.L.R. 622. A bill or promissory note cannot be admitted in evidence unless the stamp is cancdled, Re Algar (1886). 8 A.L.T. 50. As to the necessity for a bill or note to be duly stamped, see also Nicholls v. Crispe (1886). 12 V.L.R. 645.

Defendant cannot take an objection under this section after verdict Wacke It v. Cowley, supra. '

See also Sergeant on Stamp Duties. 4th rd., p. 79.

STAMP ACTS, 1894 TO 1968 ss.40-45 359

42. One bill only of a set need be stamped. 54 & 55 Vic. c. 39, s. 39. When a bill of exchange is drawn in a set according to the custom of merchants, and one of the set is duly stamped, the other or others of the set shall, unless issued or in some manner negotiated apart from the stamped bill, be exempt from duty; and 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 the lost or destroyed bill may, although unstamped, be admitted in evidence to prove the contents of the lost or destroyed bill.

As to lost bills of exchange, see also the Bills of Exchange Act 1909-1958, ss. 74, 75 (Commonwealth). As to proof of a lost instrument, see 15 Halsbury's Laws of England, 3rd ed., p. 358.

43. Bills of lading not to be stamped after execution. 54 & 55 Vic. c. 39, s. 40. A bill of lading shall not be stamped after the execution thereof, and every person who makes or executes any bill of lading not duly stamped shall be liable to a penalty not exceeding one hundred dollars.

Bill of lading may be stamped with adhesive stamp. The duty upon a bill of lading may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the bill of lading is signed.

As amended by Act of 1918. 9 Geo. 5 No. II, s. 16; Act of 1940, 4 Geo. 6 No. 23, s. 2 (1).


Compare s. 26, and Stamp Act Amendment Act of 1918, s. 16, proviso (not reprinted) which is in the following terms: "Provided, nevertheless, that the Commissioner may, in his discretion, instead of instituting proceedings for the recovery of the penalty, demand and receive the amount thereof, or such reduced amount as he may think fit, from the person liable to pay the same".

"Bill of lading" is defined by s. 2. For duties, see First Schedule, "Bill of Lading", post.

A bill of lading cannot be permitted to be stamped after action commenced, Wacketl v. Cowley, [1903] St. R. Qd. 227.

44. Bills of sale, etc. A bill of sale, mortgage of live stock, lien on wool, or lien on crops is not to be registered under any Act for the time being in force relating to the registration thereof unless the original, duly stamped, is produced to the proper officer.

Compare s. 30 and see also s. 45. For duties, see First Schedule. "Mortgage", post. The securities mentioned in this section are registered under the Bills of Sale

and Other Instruments Act of 1955, title MERCANTILE LAW, Vol. 12, p. 23.

45. Payment of duties on documents registered with clerk of petty sessions, warden, etc. On and from the first day of January, one thousand nine hundred and five, the payment of duties imposed by this Act on documents requiring to be registered at the office of a clerk of petty sessions, warden, or mining registrar shall be taken in sterling money of the realm or Treasury notes; and the person or officer whose duty it is to receive or register such document shall, in manner prescribed, indicate upon the document the correct amount of such duty and the date on which the same has been paid, and sLleh document shall thereupon be deemed to be duly and sufficiently stamped.


Any document in respect of which any such duty ought to be paid in pursuance of this Act shall not be received or registered unless or until such duty has been duly paid.

Substituted by Act of 1904, 4 Edw. 7 No. 14, s. 3. Clerk of Petty Sessions-now Clerk of Court; see Justices Acts Amendment

Act of 1964, No. 32, s. 2 (4), title JUSTICES, Vol. 8, p. 250. See also s. 44.

46. (I) Stamping of foreign policies. Every policy of insurance and every renewal of any such policy issued out of Queensland and received in Queensland shall be liable to the same duty as is chargeable on a policy ex.ecuted in Queensland.

(2) Every such policy of insurance shall be stamped by the holder thereof with such duty within one month after the same is first received in Queensland.

(3) Every person who has in his possession or control or who for any purpose avails himself of any such policy of insurance which is not duly stamped in accordance with this section shall be liable to a penalty not exceeding ten dollars.

(4) Policies of marine insurance in sets. Any number of policies of marine insurance forming part of one set or series according to the custom of insurers shall be held to be one such policy for the purposes of this Act, provided that one of the number is duly stamped.

(5) Upon proof of the loss or destruction of a duly stamped policy of marine insurance forming one of a set or series, any other policy of the set may, although un stamped, be admitted in evidence to prove the contents of the lost or destroyed policy.

Substituted by Act of 1926, 17 Geo. 5 No. 10, s. 16. Decimal currency reference substituted pursuant to section 7 of Decimal

Currency Act of 1965. For "policy of insurance" and "policy of marine insurance", see s. 2. As to time for stamping, see also s. 26. For duty, see First Schedule, "Policies of Life Insurance" and "Policies of

Insurance", post. As (0 what constitutes a renewal of a policy, see Kel1l1edy v. McMahol1 (I RR9).

3 Q.L.I. 119.

46A. Duty to be paid on returns where policy issued outside Queensland. ( 1) Any person resident in Queensland who effects any insurance in respect of any risk in Queensland for which insurance a policy of insurance or renewal of any such policy is or is to be issued outside Queensland shall, within one month after effecting the insurance, furnish to the Commissioner a return containing such particulars and information as to the insurance as may be prescribed.

(2) Every such return shall be liable to the same duty as would have been chargeable if the insurance to which it relates had been effected under a policy of insurance issued in Queensland. The person primarily liable for payment of the duty shall be the person who effected the insurance, and such duty shall be payable upon lodgment of the return or within such further time as the Commissioner may allow: Provided that where the policy or renewal has, before the expiration of the relevant

STAMP ACTS. 1894 TO 1968 ss. 45-468 361

period specified in subsection one of this section for the furnishing of the return or, where the Commissioner has allowed further time, before the expiration of that further time, been received in Queensland and duly stamped under section forty-six of this Act, no duty shall be payable under this section.

(3) Any person resident in Queensland who effects insurance of the nature referred to in subsection one of this section and who-

(a) Neglects or fails to furnish a return as required by that subsection; or

(b) Accepts payment of, or agrees to have allowed to him in account, any money upon or in respect of any insurance for which a return as required by that subsection has not been furnished,

shall be liable to a fine not exceeding forty dollars, and, in addition to any fine imposed, shall be liable to pay an amount equivalent to the duty which would have been payable had the return been furnished.

(4) Any person who furnishes a return pursuant to subsection one of this section which is false or misleading shall be liable to a fine not exceeding two hundred dollars and, in addition to any fine imposed, shall be liable to pay an amount equivalent to the duty evaded.

(5) For the purposes of this section "person resident in Queemland" and "person" shall, in the case of a company, indude-

(a) A company which is registered under any of the provisions of "The Companies Acts. 1931 to 1960," whether incorporated in Queensland or not; and

(b) A company which carries on business in Queensland. This subsection shall not be construed as limiting the construction

of any provision of this Act. Inserted by Act of 1961. 10 Eliz. 2 ~o. 21, s. 4; ami amended by Act of

1966, No. IS, s. 7. Decimal currency references substituted pursuant to section 7 of Decimal

Currency Act of 1965. Act referred to:

Companies Acts, 1931 to 1960; see now Companies Acts. 1961 to 1964, title COMPANIES, Vol. 2, p. 31.

46B. Returns to be made in respect of certain insurances. (1) Every person-

(a) With whom there is effected by any person resident in Queensland any insurance in respect of any risk in Queensland and who in connection therewith issues a policy of insurance or a renewal of any such policy outside Queensland; or

(b) Who for or on behalf of any person resident in Queensland arranges any insurance in respect of any risk in Queensland for which insurance a policy of insurance or a renewal of any such policy was or is issued outside Queensland,

shall furnish a return to the Commissioner giving such particulars of the policy or renewal as may be prescribed. Every such return shall be furnished in the manner and at the time or times prescribed and any such return may contain particulars of more than one policy or renewal.


(2) Any person resident in Queensland shall when required by the Commissioner by notice in writing furnish to the Commissioner written particulars of any insurance of the nature referred to in subsection one of section 46A of this Act effected by such person. Such particulars shall be furnished within the time specified in the notice.

(3) Any person who neglects or fails to furnish a return or written particulars, as the case may be, in accordance with this section or who furnishes any return or written particulars, as the case may be, which is false or misleading shall be liable to a fine not exceeding two hundred dollars.

(4) Any return and any written particulars furnished under this section shall be admissible in evidence in any proceedings under section forty-six or section 46A of this Act and shall be prima facie evidence of the facts stated therein.

(5) For the purposes of this section "person resident in Oueensland" and "person" shall, in the case of a company, include-

(a) A company which is registered under any of the provisions of "The Companies Acts, 1931 to 1960," whether incorporated in Queensland or not; and

(b) A company which carries on business in Queensland. This subsection shall not be construed as limiting the construction

of any provision of this Act. Inserted by Act of 1961. 10 Eliz. 2 No. 21, s. 5; and amended by Act of

1966, No. 15, s. 8. Decimal currency reference substituted pursuant to section 7 of Decim;.l


Companies Acts, 1931 to 1960; see now Companies Acts, 1961 to 1964, title COMPANIES, Vol. 2, p. 31.

47. Penalty for not making out, etc., duly stamped policy. 54 & 55 Vic. c. 39, s. 100. Every person who-

( 1) Receives or takes credit for any premium or consideration for any insurance, and does not, within three months after receiving or taking credit for the premium or consideration, make out and execute a duly stamped policy of insurance unless the premium or consideration so paid shall in the meantime have been returned to the person paying the same; or

(2) Receives or takes credit for any consideration or makes. executes, or delivers out, or pays or allows in account, or agrees to payor allow in account, any money upon or in respect of any policy which is not duly stamp:?d;

shall be liable to a penalty not exceeding two hundred dollars. As ;'mended by Act of 1918.9 Geo. 5 ~'(1, 11. S, 1~. Dccinl:.\ CU:'~'cn~~\' p:,f('rcnce ~1I1)stitutcd rlJr..,u~,nt to section 7 <\f Dccinl:d

C,'flO,CV Act of 19,,5. Thi~ Act applies to policies issued by the State Government Insurance Ofllcc.

Sec St;,tc G,)\"crnm·,pt lil'llral1l'[~ Office (Qlleel1s1~ll1d) ,'\ct 1960-1970. ,. 17 (I). title INSURANCE. Vol. 7, p. 805.

47.\. Continuous insurance. (l) Every pr~mium paid by the insured and accepted by the insurer subsequent to the issue of a policy of continuous insurance shall be deemed a renewal of the policy in question under and

STAMP ACTS, 1894 TO 1968 ss.468-48 363

for the purposes of this Act notwithstanding that the insurer was bound to accept payment of such premium and to continue the policy.

(2) The insurer shall forthwith upon the payment of any premium mentioned in subsection (1) of this section issue to the insured an instrument acknowledging or evidencing the payment of such premium.

Such instrument shall be charged with the duty payable under this Act in respect of the renewal of the policy in question and shall be so charged additionally to any other duty with which such instrument is charged under this Act.

Where duty payable under this Act in respect of any renewal of a policy has been duly paid in respect of an instrument such duty shall not be again payable in respect of any other instrument related to that renewal.

Inserted by Act of 1966, No. 15, s. 9.

47B. Workers' Compensation Insurance. (1) The General Manager of the State Government Insurance Office (Queensland) shall in respect of every calendar month commencing with and including the month of November, one thousand nine hundred and sixty-six, furnish to the Commissioner a return specifying the aggregate of the premiums charged in respect of accident insurance policies under "The Workers' Compensation Acts, 1916 to 1965," during the month in question and every such return shall be liable to duty at the rate set out in the First Schedule to this Act.

(2) Every such return shall be delivered to the Commissioner within fourteen days or such further time as agreed by the Commissioner after the last day of the month in respect of which that return is required to be furnished.

(3) In subsection (1) of this section the expression "premiums charged" means all amounts charged during the month in question to holders of accident insurance policies under "The Workers' Compensation Acts, 1916 to 1965," in respect of premiums after allowing for any adjustments made during such month in respect of any previous period and after deducting any bonuses allowed to policy holders during such month.

Inserted by Act of 1966, No. 15. s. 10. Act referred to:

Workers' Compensation Acts, 1916 to 1966, title LABOUR, Vol. 8, p. 757.

48. Policies of life insurance. ( 1) When in the opinion of the Commissioner any person granting policies of life insurance so carries on the business of such insurance as to render it impracticable or inexpedient to require that such policies should be stamped with the stamp duty chargeable thereon the Commissioner may enter into an agreement with that person in the prescribed form for the delivery to the Commissioner during any period mentioned in the agreement of monthly accounts in respect of all such policies granted by that person.

(2) Every account in pursuance of such agreement shaII be delivered to the Commissioner within seven days after the last day of the month in respect of which that account is deliverable.

(3) Every such account shall be a full and true account of all unstamped policies of life insurance granted during the month for which the same is delivered and shall contain such particulars as may be prescribed.


( 4) After an agreement has been entered into between the Commissioner and any person, and during the period for which such agreement is in force, no policy of life insurance granted by that person and covered by such agreement shall be liable to be stamped with the stamp duty chargeable thereon but, in lieu of such stamping, the duty chargeable upon each and every such policy shall become payable upon the due date for delivery of the account in respect of that policy and shall be paid to the Commissioner l!pon the delivery of that account.

(5) The aggregated amount of the duty upon policies paid upon the delivery of an account shall be denoted by stamps to that amount impressed upon the declaration prescribed by this section to accompany that account.

(6) Any amount of duty payable to the Commissioner upon the delivery of an account and not paid on or before the due date for delivery of that account shall be a debt due to Her Majesty from the person by or on whose behalf the account is deliverable, and may be recovered accordingly.

(7) If default is made in delivering any account or in paying any amount of duty in compliance in every respect with the requirements of this section, the person in default shall be liable to pay to Her Majesty by way of penalty a sum equal to ten dollars per centum upon the amount of duty payable, and a like penalty for every month after the first month during which default continues; and every such sum shall be a debt due to Her Majesty, and may be recovered accordingly.

(8) Every such account shall be accompanied by a declaration under the "Oaths Act of 1867," verifying the particulars set out in the account, which particulars shall comprise in respect of each policy included in the said account, the number thereof, the name of the insured, the sum insured, and the amount of duty payable.

(9) Where pursuant to this section the Commissioner has entcred into an agreement with any person, the Commissioner may, in lieu of the monthly account to be delivered to him in pursuance of such agreement, accept from such person in respect of any month a declaration under "The Oaths Acts, 1867 to 1960," in such form as the Commissioner deems fit, specifying the aggregate of the stamp duty payable in respect of policies of life insurance granted by such person during such month.

The aggregated amount of stamp duty speeifkd in any such declaration shall be denoted by stamps to that amount impressed thereon.

Former section repealed by Act of 1918. 9 Geo. 5 No. II. ,. 19; new secrion inserted by Act of 1955, 4 Eliz. 2 No. 44. s. 3; and as 2mcnded by Act of 1961. 10 Fliz. 2 No. 21, s. 6.

!)ccinl;,l ClIrre:lC\' f:.. fe:'C'n ... 'c ~~Ihstitulcd P:ll'."Juarli i() ,",cctiCln ClITCn(y ;\ct of 19(;5.

Act referred to: Oaths Acts, 1867 to 1960, title OATHS. Vol. D. p. 321.

. f ~)eci:l~al

48A. Composition of dut)· in respect of policies of insurance against :leddcnt, I'tc. (1) When in the opinion of the Commissioner any per~on granting policies of insurance against accident or other form of risk so carries on the business of such insurance as to render it il11p;;)::'tic?hlc or inexpedient to require that duty be charged and paid upon such policies, the Commissioner may enter into an agreement with that person in the

STAMP ACTS, 1894 TO 1968 88.48·49 365

prescribed form for the delivery to him, during any period mentioned in the agreement, of half-yearly accounts of all moneys received in respect of premiums on such policies.

(2) Accounts in pursuance of such agreement shall be delivered to the Commissioner within fifteen days after the first day of July and the first day of January in each year.

(3) Every account shall be a fuJI and true account of all unstamped policies of such insurance granted during the period for which the same is rendered and of all sums of money received and not already accounted for in respect of any other un stamped policies of such insurance at any time before the commencement of that period.

( -1-) After an agreement has been entered into between the Commissioner and any person, and during the period for whieh such agreement is in force, no policy of such insurance granted by that person and covered by such agreement shall be chargeable with duty, but in lieu of and by way of composition for that duty there shall be charged, levied, and collected, on the aggregate amount of all sums received in respect of premiums on such policies, a duty at the rate of five dollars per centum thereof as stamp duty.

(5) The duty shall be paid upon the delivery of the account. (6) If the duty charged is not paid upon the delivery of the account,

it shaH be a debt due to His Majesty from the person by or on whose bdUllf the account is delivered, and may be recovered accordingly.

(7) If default is made in delivering such an account as is hereby required or in paying the duty in conformity with this section, the person in default shall be liable to pay to His Majesty by way of penalty a sum eq!lal to ten dollars per centum upon the amount of duty payable, and a like penalty for every month after the first month during which default continues; and every such sum shall be a debt due to His Majesty, and may be recovered accordingly.

(8) All agreements entered into between the Commissioner and any person prior to the first day of November, one thousand nine hundred and eighteen, which would be valid if entered into under this section, shall be as valid as if they had been made under the provisions thereof; and to that extent this enactment shall have retrospective operation.

Inserted by Act of 1918, 9 Geo. 5 No. II, s. 20; as am~nded by Act of 1926. 17 Geo. 5 No. 10, s. 17.

Decir.l:i\ clcrency references substituted pursuant to section 7 of Deciml! Cllrn:i1cy Act <'f 1965.

The expres,ion "policy of assurance against accident" is defined by s. 2.

48n. \Vhere t~e mode of stamping any policies of any class of insurance to denote t]k stamp duty payable upon a policy of that class is not prescribed expressly by a provision of this Act (including the First Schedule hereto or a regulation hereunder) the Minister may in his discretion direct a policy of that class to be stamped with adhesive stamps to denote the duty thereon.

Inserted hy Act of 1955, 4 Eliz. 2 No. 44, s. 4.

49. Meaning of "Conveyance or Transfer." For the purposes of this Act the expression "Conveyance or Transfer" includes every instrument, and every decree or order of any Court whereby any property or any


estate or interest In any prop~rty is transferred to or vested in any person:

Provided that-(a) A conveyance or transfer of any property shall for the

purposes of this Act be deemed to comprise all live stock and other movable chattels included in the transaction, notwithstanding that the same are not included in the instrument of conveyance or transfer, but pass upon or by delivery or by or pursuant to another writing or instrument, or in any other manner, and notwithstanding that the same arc not at the datc of the cxecution of the said instrument upon such property.

(b) The true consideration or value, including such live stock and ocher chattels as aforesaid, shall either appear in the said instrument or be declared by a declaration under the "Oaths Aet of 1867."

Provided further that where more instruments than one are executed for the purpose of transferring to or vesting in any person any property, or any estate or interest in any property, pursuant to a transa::tion which includes any live stock or movable chattels, the conveyor or transferor or, if more than one, conveyors or transferors shall, by a declaration under "The Oaths Acts, 1867 to 1960," apportion the true consideration or value for or of such live stock or movable chattels among such instruments, or the Commissioner may make such apportionment as he deems fit and his apportionment shall be conclusive.

Substituted hy Act of ] 926. 17 Geo. 5 No. 10, s. 18; as amended by Act of 1961, 10 Eliz. 2 No. 21, s. 7.

Act referred to: Oaths Acts. 1867 to 1960, title OATHS, Vol. 13, p. 321.

For duties, see First Schedule, "Conveyance or Transfer", post. For what con,titutcs a conveY3nce or transfer on sale. see notes thereto. As to conveyances and transfers otherwise than on sale or mortgage, see s. 57.

As to sale of an annuity or other right newly created and secured by covenant or otherwise, see s. 56.

As to sale or transfer to constructing authority under agreement. see th(l proviso to s. 49A.

With respect to vesting orders, see also s. 57. and Trustees and Executors Acts, 1897 to 1964, 55. 27 el seq" title TRUSTEES AND EXECUTORS.

Declarations may be made under the Oaths Acts, 1867 to 1960, 5S. 13, 14, title OATHS, Vol. 13, p. 324. For the obligation to set forth in an instrument all facts and circumstances affecting its liability to duty. see ss. 16. 22 (6) (e).

The subject of duty is not the transaction but the instrument by which the transaction is effected, Hamll"()od v. Comrs. of Stamps (1900), 10 Q.L.l. 57.

To constitute a conveyance or transfer an instrument must have the elTect of vesting the property by its own operation. McCaughey v. COl/Jr. of Stamp Dllties (1914), 18 C.L.R. 475; Haml1'00d v. Comrs. of Stamps (1900), 10 Q.L.l. 57; Great Filzmy l'viines Ltd. v. Comrs. of Stamps. [1913] SI. R. Qd. 161; [1913] Q.W.N. 30; CUllninghalll v. COlli,.. of Stamps (1908).8 S.R.(N.S.W.) 338. Thus a record of an assignment previously made is not a conveyance or transfer, Comr. oj Stamps v. Frost, [1926] W.A.L.R. 81, and it is not sufficient that the execution of the instrument constitutes fulfilment of a condition on which the property passes, Hamwood v. Comrs. of Stamps, sllpra. Compare Deckert v. Col/ector oj Imposts, [1939] V.L.R. 240 (transfer of legal estate held a gift even though equitable interest had already passed).

A contract for sale providing that the land shaII be brought under the Real Property Acts, 1861 to 1963 (title REAL PROPERTY, Vol. 14, p. 633) and that the certificate of title shall issue to the purchaser conveys the property in equity

STAMP ACTS, 1894 TO 1968 SS. 49, 49A 367

and is dutiable as a conveyance, Ex parte Clissold (1884), 5 L.R.(N.S.W.) (L.) 176.

An instrument purporting to be a nomination by registered proprietors of land of themselves as trustees under the Real Property Acts, 1861 to 1963, s. 77 (title REAL PROPERTY, Vol. 14, p. 687), is invalid as a transfer and not chargeable with stamp duty, Re White & Shaw (1894), 6 Q.L.l. 54. Compare Comrs. of Stamps v. Parbury Estates Ltd. (1913), 16 C.L.R. 521.

The following do not constitute a conveyance or transfer of property; an instrument creating rights to enforce an executory contract therein, Comr. of Stamp Duties v. Ycend (1929), 43 C.L.R. 235; a covenant not containing words of assignment, that the vendor of a business will not carryon business in the vicinity, Hamwood v. Comrs. of Stamps (1900), 10 Q.L.J. 57; a release of debts or claims, McCaughey v. Comr. of Stamp Dllties (N.S.W.) (1914), 18 C.L.R. 475, 486; a surrender of debentures to the mortgagor company, English Electric Co. v. Com,.. of Stamp Dllties (1924),24 S.R.(N.S.W.) 321.

A transfer of land passes the property in fixtures attached to the land and the consideration in respect of such fixtures is part of the consideration for the transfer, Great Fitzroy Mines Ltd. v. Comrs. of Stamps, [1913] St. R. Qd. 161; [1913] Q.W.N. 30. But the mere fact that the property in live stock and movable chattels does not pass by a conveyance or transfer of land will not prevent it from being dutiable in respect of the consideration for live stock and chattels included in the same "transaction". The decisions in such cases as Queensland Meat Export Cu. Ltd. v. Comrs. of Stamps, [1917] St. R. Qd. 39; [1917] Q.W.N. 6; [1917] AC. 624, and Rosehi/! Racecuurse Co. v. CUl/Jr. of Stamp Duties (1905), 3 C.L.R. 393, must now be read subject to the effect of proviso (a) to s. 49.

Goodwill does not necessarily pass by a transfer of the land, and the consideration for the goodwill is not necessarily part of the consideration for the transfer. See Rosehill Racecuurse Co. v. Comr. of Stamp Duties (1905), 3 C.L.R. 393; Touth & Co. Ltd. v. Comf'. oj SIal/Ips (1909), 9 S.R.(N.s.W.) 652. As to conveyance or transfer of premises in respect of which a license for sale of liquor is held and assigned, see Dono/llIe v. Collector of Imposts, [1922] V.L.R. 492, and cases cited under the Liquor Acts, 1912 to 1965, s. 16, title LIQUOR, Vol. 10, p. 37.

See Ronald Motors Ply. Ltd. v. Comr. of Slamp DUlies, [1941J St. R. Qd. 126 (conveyance, or record of antecedent transaction); Re Downs Theatres Pty. Ltd., [1942] 5t. R. QU. 179 (document adopting earlier conveyance); Smith v. Comr. oj Stamp Duties, [1952] 5t. R. Qd. 1 (transfer of livestock).

An agreement for sale which passes the property in chattels is dutiable as a conveyance or transfer of such chattels, Hooper & llarriwn Ltd. v. Comr. of Slamp Dillies (1924), 35 C.L.R. 318; [1924] S1. R. Qd. 102; Great Fitzroy Mines Ltd. v. Comrs. of Slamps, [1913] 5t. R. Qd. 161; [1913] Q.W.N. 30.

In City Mutual Life Society Ltd. v. Comr. of St.amp DlIties, [1943] 51. R. Qd. 59, this section was applied where a mortgagor transferred the equity of redemption to the mortgagee in consideration of release from the debt. Ad valorem duty was imposed on the qUillllum of the debt.

For English cases, see 33 Halsbury's Laws of England, 3rd ed., p. 308; 39 English and Empire Digest, (Rp!.), p. 321.

. See also Sergeant on Stamp Duties, 4th ed., p. 99; Lee's Stamp and Estate Dulles, 3rd ed., p. 100.

49A. Collection of duty in cases of property vested by Act or purchased under statutory power. Where on or after the first day of November, one thousand nine hundred and eighteen, by virtue of any Aet whether passed before or after this Act, any property is acquired or taken by or on behalf of any constructing authority, in pursuance of the powers vested in such authority or in any person acting on behalf of such authority by such Act, so that such property is divested from the late owner thereof and becomes vested in such authority, and whether such acquiring or taking of such property was effected by agreement or by a Proclamation, notification, or other instrument made in pursuance of such Act, such authority shall within two months from the date of the vesting of such property in it (or if the assessment of the purchasing


price or compensation is to be fixed by any tribunal within fourteen days after the final assessment of such price or compensation) produce a copy of such Act or such Proclamation, notification, or instrument to the Commissioner, who shall forthwith cause the same to be stamped as a conveyance on sale made in consideration of the price or compensation paid or to be paid to the late owner of such property. And in default of such production the duty shaH be a debt due to His Majesty from such authority.

For the purposes of this provision the expression "con~tfUctil1g authority"' shall mean and include a constru.'ting authority, and any body, whether corporate or unincorporate, and any person a,:thorizcd l'f empowered by any such Act to take or Llc:quire property, whether comp,I1sorily ()!" under an agreement: Provided that where any rroperty is cOl1v.::yed or transferred to any constructing authority as herein defined by any instrument of conveyance or transfer under an agreement in that h·::half, \',bether such constructing authority in acquiring such property pl>rpprteJ to act under any sllch Act as afpresaid 0; um1er ih general powers, sCleh instrument of eOil\eyance or transfer shall t,e regarded as a conveyance or transfer within the mea'ling of the b~;t preceding SC'.::tlOl1 of this Act, and shall be <;tamped a.::cord::1g1y.

To the extent <:foresaid, this enactment shall have retro'.pecli,'e opcratic)!l.

Inserted by Act of 1918, 9 Geo. 5 No. 11, s. 22; as amended by Act of 1926. 17 GCl'. 5 No. 10. s. 19.

The ::mendment of this section effected by Stamp Acts Amendment Act of 1926, s. 19, appears to have avoided the effect of the decision in City of Brisbane v. Com,.. of Stamp Dillies, [1923] St. R. Qd. 54; [1923] Q.W.N. Hi, where a transfer 10 the City of Brisbane taking land by ,~greement was held not to be liahle to ad )'(I/orem duty.

The taking of land by constrLlctin~ ;ulthoritic5 is [!on:rncd Lw /\c(>isitioll "f r and Act of 1967, title WORKS. - - ~

It appe:lfS that the Commonwealth cannot he compelled to pay stamp duty ('n propcrt\ passing to it. See notes to s. 4.

49B. (Repealed.) kpe.:lcd hy Act of i 962, ]\;0. 28, s. 6.

SU. Ho'w ~:: nllorem dllh to be caIcubted in respect of stock and securities. 54 & 55 Vi::. c: 39, s. 55. (I) Where the consiJerat:o:l, or any part of the consideration. for a COlWCYclnCC on sale ~onsists of ,II1Y stock or marketable security, the conveyance is to be charged with ad valorem duty in respect of the value of the stock or security.

(2) Where the consideration, or any part of the consideration, for a conveyance on sale consists of any security not being a marketable ~;ecurity, the conveyance is to be charged with ad valorem duty in re~pect of the amount due on the day of the date thereof for principal and interest upon the security.

(3) Provided that where such consideration or part of such consideration consists of shares or debentures issued or to be issued by a company, the market or actual value of the shares or debentures shall be taken as the value of such consideration or part of the consideration.

As amended by Act of 1918. 9 Geo. 5 No. 11, s. 23. For "slack" and "marketahle security", see s. 2. Both expre,sions include

shares in companies, Croydon Canso Is Ltd. v. Comrs. for Stamps (1900), 10 Q.LJ.28.

STAMP ACTS, 1894 TO 1968 ss.49A-51B 369

As to valuation of shares issued in payment for property transferred upon a reconstruction. see Comr. for Stamp Duties v. Broken Hill South Co., [1911] A.c. 439; R. v. Bullfinch Pry. Ltd. (1912), 15 C.L.R. 443. As to valuation of shares wrongly issued as fully paid, see Comrs. of Stamps v. Parbury Estates Ltd. (1913), 16 C.L.R. 521.

See also 39 English and Empire Digest, p. 325. See also Sergeant on Stamp Duties, 4th ed., p. Ill; Lee's Stamp and Estate


51. How consideration consisting of periodical payment to be charged. 54 & 55 Vic. c. 39, s. 56. (1) Where the consideration, or any part of the consideration, for a conveyance on sale consists of money payable periodically for a definite period not exceeding twenty years, so that the total amount to be paid can be previously ascertained, the conveyance is to be charged in respect of that 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 for a detinite period exceeding twenty years, or in perpetuity, or for any indefInite period not terminable with life, the conveyance is to be charged in respect of that 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 d:ty of the date of the instrument.

(3) Whcre the considcratioil, or any part of the consideration, for a conveyance on sale consists of money payable periodically during any life or lives, the conveyance is to be charged ill respect of that consideration, with ad valorem duty on the amollnt whicb will or may, an:ording to the terms of s3.lc, be payable during the period of twelve years next after the day of the date of the instrument.

\ 4) Provided that no conveyance on sale c hargeablc with ad valorem duty in respect of any periodical payments, and containi!12 also provision for securing the payments, is to be charged with any duty in respect of such provision.

As amended by Act of 1926, 17 Geo. 5 No. 10, s. 20. For cases, see 39 English and Empire Digest, (Rpl.), p. 329. See also Sergeant on Stamp Duties, 4th cd., p. 112.

5IA. Voluntary disposition to a company deemed to be a voluntary conveyance. Where any person, on or after the first day of November, one thousand nine hundred and eighteen, makes a voluntary disposition of any property to or for the benefit of a company formed or to be formed, the instrument by which such disposition is made shall, for the purpose of this Act, be deemed a voluntary conveyance of such property; and to that extent this enactment shall have retrospective operation.

Inserted by Act of 1918, 9 Geo. 5 No. II. s. 24. See Re Downs Theatres Ply. Ltd., [1942] SI. R. Qd. 179.

SIB. Valuation of property passing under voluntary conveyance. (1) The person making a settlement, deed of gift, or voluntary conveyance (not being the appointment merely of a new trustee) of any property, or any declaration of trust having the effect of such settlement, deed, or conveyance, shall, within thirty days after making the same, or after it has first been received in Queensland, in case it is first executed at any place out of Queensland, lodge with the Commissioner an


affidavit by some competent person stating to the best of his knowledge, information, and belief the value of such property, together with the instrument or a true copy thereof.

The Commissioner shall thereupon assess the duty payable in respect of the instrument.

(2) If the person making such instrument fails to comply with this section within the prescribed period, it shall be lawful for the Supreme Court or a Judgl: thereof, on application made by the Commissioner, to order the said person to lodge the affidavit or the instrument, or a true copy thereof, within the time and as directed by such order; and the cost of and incidental to the order shall be paid as the Court or Judge may direct.

Inserted by Act of 191R, 9 Geo, 5 No. II, s. 24. As to voluntary conveyances, see s. 51 A.

The expressions "settlement" and "deed of gift" are defined by s. 2. For duty. see First Schedule, "Settlement, Deed of Gift, or Voluntary

Conveyance", post.

S1c. Valuation where consideration doubted. Where in the opinion of the Commissioner the consideration in any transfer or conveyance does not represent the value of the property referred to or dealt with in such instrument, or the evidence of value is unsatisfactory, he may cause a valuation of the property to be made by some person appointed by him, and may assess the duty payable on the footing of such valuation.

The Commissioner may, having regard to the merits of the case, charge the \vhole or any part of the expenses of or incidental to the making of the valuation to the person liable to pay the duty, and may recover the same from him as a debt due to His Majesty:

Provided that the Commissioner may, in his discretion, adopt as the value of any shares or stock in any company or corporation such sum as, in the opinion of the Commissioner, the holder thereof would receive in the event of the company being voluntarily wound up on the date when the instrument of transfer or conveyance was executed took effect.

Inserted by Act of 1918, 9 Geo. 5 No. II, s. 24: as amended by Act of 1926. 17 (Jeo. 5 No. 10, s. 21.

The proviso added by Stamp Acts Amendment Act of 1926, s. 21, appears to be defective in the wording at its end.

For the obligation to set forth the true consideration in an instrument, see s. Hi.

For other powers of the Commissioner, see s. 23. For right of appeal from the assessment, see s. 24.

510. Improvements effected by transferee. In assessing the ad valorem duty payable under this Act upon a conveyance or transfer of any land (whether in fee-simple or for some lesser estate under the Crown) whereon there are improvements claimed by the transferee to have been effected by him, or at his own expense, the Commissioner may exclude from the total amount or value to be assessed such an amount or value as seems reasonable to him in respect of the value as at the date of the execution of the conveyance or transfer of the improvements the subject of the aforesaid claim:

STAMP ACTS, 1894 TO 1968 ss. SIB-53 371

Provided that, in respect of a conveyance or transfer-(i) The Commissioner shall not be bound to make an exclusion

as aforesaid; (ii) If the Commissioner makes such an exclusion, he shall bc

the sole judge of the amount or value thereof; and (iii) If such an exclusion as made by the Commissioner is disputed

or protested the Commissioner may revoke the exclusion and thereupon ad valorem duty shall be payable as if the exclusion had never been made.


52. How conveyance in considemtion of a debt, etc., to be charged. 54 & 55 Vic. c. 39, s. 57. Where any property is conveyed to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether being or constituting a charge or incumbrance upon the property or not, the debt, money, or stock is to 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.

"Money" and "stock" are defined by s. 2. See also s. 50. Conveyance of property to a company in discharge of liability on unpaid

sh~lres may constitute a conveyance on sale, Re Taylor's Transfer (1897), 8 Q.L.J. 24; Croydon Consols Ltd. v. Comrs. for Stamps (1900), 10 Q.L.J. 28.

This section does not have the effect of enlarging the expression "conveyance or transfer on sale"; it merely purports to lay down a rule for computation of duty. Brewer v. Comrs. oj Stamps, [1903] St. R. Qd. 143.

For Engli,h. cases, see 33 Halsbury's Laws (,r England. 3rd e~l., p. 312; 39 EnglIsh and EmpIre Digest, (Rpl.), p. 328 .

. See also Sergeant on Stamp Duties, 4th ed., [1. 114; Lee's Stamp anu Estate Duties, 3rd ed., p. 111.

53. Directions as to duty in certain cases. 54 & 55 Vic. c. 39, s. 58. (l) Where property contracted to be sold for one consideration for the whole is conveyed to the purchaser in separate parts or parcels by different instruments, the consideration is to be apportioned in such manner as the parties think fit, so that a distinct consideration for each separate part or parcel is set forth in the conveyance relating thereto, and such conveyance is to be charged with ad valorem duty in respect of such distinct consideration.

(2) Where property contracted to be purchased for one consideration for the whole by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts or parcels by separate instruments to the persons by or for whom the same was purchased for distinct parts of the considcntion, the conveyance of each separate part or parcel is to be charged with ad valorem duty in respect of the distinct part of the consideration therein specified.

(3) Where there are several instruments of conveyance for completing the purchaser's title to property sold, the principal instrument of conveyance only is to be charged with ad valorem duty, and the other instruments are to be respectively charged with such other duty as they may be liable to, but the last-mentioned duty shall not exceed the ad valorem duty payable in respect of the principal instrument.


(4) Where a person having contracted, on or after the first day of November, one thousand nine hundred and eighteen, for the purchase of any property, but not having obtained a conveyance or transfer thereof, contracts to sell the same to any other person, and the property is in conseq uence conveyed or transferred directly from the first vendor of the property to a sub-purchaser, the conveyance or transfer shall, for the purposes of this Act, be deemed to be a conveyance or transfer on sale of the estate or interest in the property of each purchaser and subpurchaser of the property, and shall be chargeable with ad valorem duty in respect of the consideration moving from the purchaser and each such sub-purchaser respectively:

Provided that in any such case the original purchaser and each subpurchaser shall respectively be liable to pay the ad valorem duty payable in respect of the consideration moving from him, and such duty may be recovered from him by the Commissioner or the last sub-purchaser who pays the same.

(5) No instrument of conveyance or transfer executed on or after the first day of November, one thousand nine hundred and eighteen, of any estate or interest in any property whatsoever shall be valid, either at law or in equity, unless the name of the purchaser or transferee is written therein in ink at the time of the execution thereof.

Any such instrument so made shall be absolutely void and inoperative, and shall in no case he made available by the insertion of a name or any other particulars afterwards.

Moreover, for any breach of this subsection a penalty not exceeding forty dollars shall be incurred by each party executing the instrument:

Provided that this subsection shall not apply to a transfer or conveyance of any markctabie security or right in respect of shares to which sections 31c, 31D. 31E and 31F of this Act apply.

(6) (Repealed.) As amended by Act of 1918, 9 Geo. 5 No. 11, s. 25; Act of 1926, 17 Geo.

5 No. 10, s. 22: Act of 1929, 20 Geo. 5 No. 21. s. 5; and further amended a~ from 3 July 1967, by Act of 1966, No. 15, s. 11.

Decim:cl currency rderence substituted pursuant to section 7 of Decimal Currency Act of 1965.

Subsection (1) was applied in Croydon Consols Ltd. v. Comrs. for Stamps (1900), 10 Q.L.J. 28.

As to the principal instrument of conveyance of fixtures where land with fixtures annexed is transferred in pursuance of an agreement for sale of the land and fixtures. see Crellt Fir~roy Mines Ltd. v. Coml's. of Stamps, [19131 St. R. Qd. 161; [1913) Q.W.N. 30.

As to necessity for insertion of purchaser's name in a transfer of stock or markctahle securities, see's. 31A (l). 53A. As to the effect of subsection (5), see notes to s. 31 A.

For examples of thc application of subsection (5) of this section, see C()fIll/r('fcial Balik of Allstm/ill Ltd. V. Ipswich Electric Supply Co. Ltd., [1941) St. R. Qd. 180; Smith IIlld Smith v. Wirth (No.2), 11945) St. R. Qd. 59; 39 Q.J.P.R. 28.

Sec ;]Iso Sergeant on Death Duties, 4th ed .. p. 115.

53A. Further provisions re stock or marketable security. Any company recording a transfer of stock or marketable security, and acting bona fide and without notice that the name of the transferee is not written in such transfer in ink at the time of the execution thereof by the transferor, shall not be liable for any criminal or civil liability arising solely in respect of the recording of such transfer.

STAMP ACTS, 1894 TO 1968 ss.53-54 373

Where any transfer of stock or marketable security is deposited with the relative scrip certificate with any banking company or financial institution carrying on business in Queensland by way of security for accommodation extended by such company or institution to any broker or agent or customer in the ordinary course of business, and the name of the transferee is not written in such transfer in ink at the time of the execution thereof by the transferor, such transfer of stock or marketable security shall not be affected by the provisions of subsection five of section fifty-three of this Act in so far as such transfer of stock or marketable security is intended to be held as a security for such accommodation only by any such company or institution or to be dealt with, should occasion arise, by any such company or institution in the exercise of the power of sale under such security.

Moreover, it shall be lawful for any company to record the fact that such company holds the certificates for any stock or marketable security to be disposed of in whole or in part and included in any transfer or transfers signed by a vendor and held by a broker in which the name of the purchaser shall not have been written in in ink at the time of the execution thereof by such vendor, and any company subsequently registering such transfer or transfers of such stock or marketable security in which the name of the purchaser shall have subsequently been written in in ink shall not be liable for any criminal or civil liability arising solely in respect of the recording of such transfer or transfers.

Save as is herein provided, nothing in this section shall be construed as to limit or in any wise affect the provisions of this Act as to the liability of any company, institution, or person concerned for the payment of the proper duty in respect of the transfer of stock or marketable security, or as to the liability of the selling broker to have the name of the purchaser written in in ink before delivery of any transfer of stock or marketable security out of his hands, or the powers and authorities of the Commissioner under the said Act.

Inserted by Act of 1928, 19 Oeo. 5 No. 13, s. 2 (i). This section came into force as from 27 October 1926. (Act of 1928,

s. 2 (ii).) See ss. 31A 0), 53 (5).

54. Certain contracts to be chargeable as conveyances on sale. 54 & 55 Vic. c. 39, s. 59. ( 1) Any contract or agreement-

(a) For the sale of any equitable estate or interest in any property whatsoever; or

(b) For the sale of any estate or interest in any property, except(i) Property locally situated out of Queensland; (ii) Solely of any goods, live stock, wares, or merchandise; (iii), (iv) (Repealed.)

shall be charged with the same ad valorem duty as if it were an actual conveyance on sale of the estate, interest, or property contracted or agreed to be sold:

Provided that where two or more agreements for sale have been executed in respect of the same transaction, the full amount of the duty which would have been payable if only one agreement for sale had been executed in respect of the said transaction shall be chargeable, and

13


anyone of such agreements for sale may be stamped with such duty. But nothing in this proviso shall apply to contract notes relating to the sale or purchase of any stock or marketable security.

(2) (Repealed.)

(3) Where an agreement which creates an option or right of purchase of any property provides that such property, or any part thcreof, shall be conveyed or transferred to any person pending the exercise of the option or right of purchase, or where, in connection with such an agreement, such property, or any part thereof, shall be, or be agreed in any other manner to be, so conveyed or transferred, the agreement creating the option or right of purchase shall, for the purposes of this section, be deemed to be an agreement for the sale of the whole of the property the subject of the option or right of purchase.

The determination of such option or right of purchase shall be deemed to be a rescission of an agreement for sale.

In order to obtain a refund of the duty on the rescission of any such agreement, the application for the refund of duty may be made at any time within the time limited by subsection (7) of this section or within six months after the date of such rescission whichever period is last to expire.

Where any property has been conveyed or transferred pursuant to, or in connection with, the agreement, no refund of duty shall be made pursuant to the said subsection (7) unless evidence is produced, satisfactory to the Commissioner, that the property has been reconveyed or retransferred to the person by whom it was so conveyed or transferred and there shall be deducted from any such refund of duty, the duty which would have been paid on the consideration for such option or right of purchase but for the provisions of this subsection.

(4) If after the pa5sing of "The Stamp Acts Amendment Act of 1926," any company on or after its incorporation in Queensland or on or after its registration in Queensland under "The British Companies Act of 1886," or on or after its registration in Queensland under "The Foreign Companies Act of 1895" (as the case may be), acquires for a consideration in money or money's worth any property whatsoever in Queensland, and no contract or agreement for the sale of such property is produced for stamping, or if no contract or agreement is executed, thc memorandum of association of such company shall be deemed to be the contract or agreement for sale for the purposes of this section.

(5) Where any property locally situate in Queensland is acquired for a consideration in money or money's worth, and the whole or any part of the conditions of such sale are set out or referred to in any instrument executed subsequently by any of the parties thereto, such instrument shall, unless the contract of sale or other instrument duly stamped is produced, be chargeable with ad valorem conveyance duty in respect of the said sale, in addition to any other duty payable on the said instrument.

(6) Where duty has been duly paid in conformity with the foregoing provisions, the conveyance or transfer made to the purchaser shall upon production of the contract or agreement or contracts or agreements, duly stamped not be chargeable with any duty, and the

STAMP ACTS, 1894 TO 1968 ss. 54, 54A 375

Commissioner, upon application, either shall denote the payment of the ad valorem duty upon the conveyance or transfer, or shall transfer the ad valorem duty thereto.

(7) Provided also that the ad valorem duty shall not be claimed in any case where evidence satisfactory to the Commissioner or D~puty Commissioner is produced that such contract or agreement was rescmd~d within thirty days after execution; or if ad valorem duty has been paid upon any such contract or agreement which is afterwards rescinded, such duty shall be refunded to the person entitle? .thereto l!pon evidence of such rescission, satisfactory to the CommIssIoner, bemg prodll:ce?: Provided, however, that application for such refund shall be made wIthm twelve months after the date of execution of the contract or agreement.

As amended by Act of 1918, 9 Geo. 5 No. 11, ss. 6 (4), 26; Act of 1926, 17 Geo. 5 No. 10, s. 23; Act of 1929, 20 Geo. 5 No. 21, s. 6; Act of 1930, 21 Geo. 5 No. 49, s. 2; Act of 1963, No. 35, s. 2; Act of 1965, No. 46, s. 5.

Acts referred to: British Companies Act of 1886, repealed. Foreign Companies Act of 1895, repealed.

For the duty on a conveyance on sale, see First Schedule, "Conveyance or Transfer", post.

As to live stock and chattels sold with land, see s. 49, proviso (a). For exemption of orders for supply of goods, wares or merchandise (not being live stock), see First Schedule, "Agreement", exemption (3), post.

As to agreements for allotment of shares as fully or partly paid up otherwise than in cash and not reduced to writing, see Companies Acts, 1961 to 1964, s. 54 (5), title COMPANIES, Vo!' 2, p. 99.

A mere expectancy as distinguished from a contingent interest is not property, Re Rule's Settlement, [1915] V.L.R. 670. As to a secret process, see New Era Prinlers and Publishers Ltd. v. Comr. of Stamps, [1927] N.Z.L.R. 438; Standard Porcelains Ltd. v. Comr. of Stamps, [1928] N,Z.L.R. 138. An instrument creating mere contractual rights is not an agreement for sale of property, Comr. of Stamp Dllties v. Yeend (1929), 43 C.L.R. 235. An agreement by a debenture holder to surrender his debentures to the company is not an agreement for conveyance of property, English Electric Co. v. Comr. of Stamp Dllties (1924), 24 S.R.(N.S.W.) 321.

As to what constitutes an agreement for sale solely of goods, etc., see Hooper & Harrison Ltd. v. Comr. of Stamp Duties, [1924] SI. R. Qd. 102, affirmed on another ground, 35 C.L.R. 318.

See also Ronald Motors Pty. Ltd. v. Comr. of Stamp Duties, [1941] St. R. Qd. 126; City Mutual Life AsslIrance Society Ltd. v. Comr. of Stamp Duties, [1943] St. R. Qd. 59.

On subsection (1) (b) (ii), see also North Shore Gas Co. Ltd. v. Comr. of Stamp Duties (1940), 63 C.L.R. 52.

Subsection (6) does not apply to a transfer to a company made in pursuance ~f ~n agree~ent between the transferor and a trustee for the company prior to Its mcorporatlOn for sale of the subject property to it and a subsequent adopting agreement between the trustee and the company. Such a transfer is liable to lid valorem duty as a conveyance on sale, Monkira Pastoral Co. Ltd. v. Comr. of Stamp Duties, [1928] St. R. Qd. 323.

For English cases, see 39 English and Empire Digest, (Rp!.), p. 330. See also Sergeant on Stamp Duties, 4th ed., p. 117; Lee's Stamp and Estate


54A. Liability to account for duty upon transfer of business. (1) A purchase or an agreement to purchase any business shall for the purposes of this section be deemed to include all goods, livestock, vehicles and other moveable chattels, and all leases, tenancies and licences, and the goodwill appertaining to the business which are acquired or agreed


to be acquired by the purchaser from the vendor whether same are included in the transaction whereby the business is purchased or agreed to be purchased or are the subject of a separate transaction or several separate transactions.

(2) Every person who purchases or agrees to purchase any business shall, within one month after he does so, deliver to the Commissioner a statement in duplicate in the prescribed form verified in the prescribed manner, and showing the prescribed information.

(3) Where subsequent to delivering to the Commissioner a statement under subsection (2) of this section in respect of any business the purchaser enters into any separate transaction mentioned in subsectio~ ( 1) of this section, then the purchaser shall within one month after doing so deliver to the Commissioner a statement in duplicate in the prescribed form, verified in the prescribed manner and, in respect of that separate transaction, showing the prescribed information.

( 4) A person who fails to deliver to the Commissioner a statement in duplicate in compliance with the requirements of subsection (2) or subsection (3) of this section shall be guilty of a continuing offence against this Act and liable to a penalty of not less than two dollars and not exceeding the aggregate of fifty dollars and an amount of ten per centum of the duty payable in respect of such statement pursuant to subsection (5) of this section for each year or part of a year during which the offence has been continued.

Upon convicting a person for an offence under this section the Court shall, in addition to any penalty it may impose, order him to pay the duty payable pursuant to this section in respect of the statement the subject of the conviction.

(5) A statement under subsection (2) or subsection (3) of this section shall be charged with duty under this Act as if it were a conveyance or transfer of the property to which the statement relates and the person delivering that statement shall be liable accordingly.

(6) The Commissioner shall set off against the duty charged upon any statement under this section any amount of that duty which has been paid in respect of some other instrument.

(7) For the purposes of this section the expression "business" includes any business, profession, calling, vocation or other occupation carried on by a person on his own behalf, and whether or not in partnership with any other person (it being hereby declared that the expression includes any interest as a partner in any business within the meaning of this subsection).

(8) Where, other than by reason of the purchase or agreement to purchase the whole of a business or a partnership in the whole of a business, any real property, or, in the case of any land held from the Crown for a leasehold estate, any such leasehold estate, any lease, any tenancy or any licence appertaining to a business is purchased or agreed to be purchased, then such real property, leasehold estate, lease, tenancy or licence (and if any other property appertaining to the business is purchased or agreed to be purchased therewith, such other property) shall be deemed to be a business for the purpose of this section.


STAMP ACTS, 1894 TO 1968 ss.54A-57 377

55. (1) Agreement for partition or division to be charged as an actual conveyance or transfer by way of partition or division. An agreement for the partition or division of any real or personal property shall be charged with the same duty as if it were an actual conveyance or transfer by way of partition or division of the property comprised in the instrument.

(2) Agreement for exchange to be charged as an actual conveyance or transfer by way of exchange. An agreement for the exchange of any real or personal property shall be charged with the same duty as if it were an actual conveyance or transfer by way of exchange of the property comprised in the instrument.

(3) Duty on subsequent instrument. Any instrument of conveyance or transfer subsequently executed for the partition, division, or exchange of the property concerned, and actually in conformity with any such agreement for the partition, division, or exchange of the property concerned, shall not be charged with any higher duty than one dollar.

Original s. 55 repealed by Act of 1918, 9 Geo. 5 No. 11, s. 27; present section inserted by Act of 1930,21 Geo. 5 No. 49, s. 3.


For duty on conveyances and transfers, see First Schedule, "Conveyance or Transfer", post.

56. As to sale of an annuity or right not before in existence. 54 & 55 Vic. c. 39, s. 60. 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 be more than one, is to be charged with the same duty as an actual grant or conveyance, and is, for the purposes of this Act, to be deemed an instrument of conveyance on sale.

As to what amounts to sale of a right within this section, see Comr. of Stamp DlIties v. Yeend (1929), 43 C.L.R. 235.

See also 39 English and Empire Digest, (Rpl.), p. 331. For imposition of duty on conveyances on sale, see First Schedule "Conveyance

or Transfer", post. See also Sergeant on Stamp Duties, 4th ed., p. 123; Lee's Stamp and Estate


57. What is to be deemed a conveyance on any occasion not being a sale or mortgage. 54 & 55 Vic. c. 39, s. 62. Every instrument whereby any property on any occasion, except a sale or mortgage, is transferred to or vested in any person and every decree or order of any Court whereby any property is so transferred or vested is to be charged with duty as a conveyance or transfer of property:

Provided that a conveyance or transfer made for effectuating the appointment of a new trustee is not to be charged with any higher duty than one dollar.

As amended by Act of 1926, 17 Goo. 5, No. 10, s.24. Decimal currency reference substituted pursuant to section 7 of Decimal

Currency Act of 1965. For duty, see First Schedule, "Conveyance or Transfer", post. As to vesting orders, see also s. 49 and Trustees and Executors Acts, 1897 to

1964, ss. 26 et seq., title TRUSTEES AND EXECUTORS. See also First Schedule, "Appointment of a new Trustee", post. See also Sergeant on Death Duties, 4th ed., p. 124.


57 A. Motor vehicles. (1) The duty on an application for registration or an application for transfer of registration in respect of a motor vehicle shall be denoted in the prescribed manner and shall be paid by the applicant.

Where an application for transfer of registration is made by the transferor he may recover from the transferee the amount of duty paid by him.

(2) The value of a motor vehicle for the purposes of assessing the duty payable under this Act shall be the market value of the motor vehicle at the time that application for registration is made or, in the case of an application for transfer of registration, at the time when the transaction to which the application relates was made:

Provided that in the case of a motor vehicle which has not been previously registered (whether in this State or elsewhere in the Commonwealth) and for which there is a list price, the value for the purpose of assessing the duty payable under this Act shall not exceed the aggregate of-

(a) the list price; and (b) the price or prices of any item or items of optional equipment

of the motor vehicle in question not included in the list price. In the proviso to this subsection-

(a) the expression "list price" means the price fixed by the manufacturer, importer or principal distributor as the retail selling price at Brisbane-

(i) of a motor vehicle other than a motor truck; or (ii) in the case of a motor truck, of a cab-chassis,

of the make and model in question; and (b) the expression "optional equipment" means optional engine,

power steering, disc brakes and any other mechanical extra specified by the Governor in Council (who is hereby thereunto authorized) by Order in Council.

(3) The applicant shall make a declaration in the prescribed form as to the value of the motor vehicle in question for the purpose of assessing the duty payable under this Act.

( 4) Every application for registration or application for transfer of registration in respect of a motor vehicle shall be accompanied by the declaration mentioned in subsection (3) of this section and the prescribed amount of the duty on the application.

(5) If the Commissioner is not satisfied that the amount declared is the true market value of the motor vehicle in question the Commissioner, by notice in writing served upon the person in question, may require the person who made the declaration or, in the case of an application for transfer of registration, either the transferor or transferee (and whether or not he made the declaration) to supply the Commissioner, within the time specified in the notice, with such evidence as the case requires as to the market value of the motor vehicle in question, in the case of an application for registration at the date when the application was made or, in the case of an application for transfer of registration at the date when the transaction to which the application relates was made.

Any person who fails in any respect to comply with the requirements of a notice under this subsection shall be guilty of an offence and liable to a renalty not exceeding two hundred dollars.

STAMP ACTS, 1894 TO 1968 SS. 57A, 58 379

Payment of such penalty shall not relieve a person from any liability to pay any duty referred to in this section.

A notice referred to in this subsection may be served upon the person to whom it is directed personally or by post or by giving it to him in a prescribed manner.

( 6) Where the Commissioner, after considering the evidence, if any, supplied pursuant to subsection (5) of this section, is of opinion that the prescribed amount of the duty on the application exceeds the amount which accompanied it, the Commissioner may recover such excess from the applicant or, in the case of an application for transfer of registration, from either the transferor or transferee (and whether or not he is the applicant) as a debt due to Her Majesty in any court of competent jurisdiction.

(7) The Commissioner of Main Roads shall pay into the Treasury to the credit of the Consolidated Revenue Fund all amounts of duty referred to in this section received by him.

Inserted by Act of 1966, No. 15, s. 12 (s. 12 came into operation on 3 January 1967:

For Order in Council under this section, see Table of Contents, p. 310, ante. Provided that the Commissioner of Main Roads may register without requiring

payment of the duty thereon an application for registration or an application for transfer of registration in respect of a motor vehicle where the said Commissioner is satisfied that the application together with the prescribed fee and all things prescribed by the regulations under "Tbe Main Roads Acts, 1920 to 1965," to accompany it bad, prior to the third day of January, one tbousand nine hundred and sixty-seven, been duly forwarded to him or to a person to whom the applicant was authorized by the said regulations to deliver it).

58. Banknotes to be exempt subject to annual composition. AU promissory notes issued within the Colony of Queensland by any bank I\r banking company, payable on demand, shall be exempt from duty, ann may be reissued as often as thought fit: Provided that every such bank or banking company shall deliver, in pursuance of the Act fourth Victoria uumber thirteen, an account of their notes in circulation in the Colony, and pay quarterly an annual composition at the rate of ten per centum for every one hundred dollars to the Commissioner according to the amount of notes stated in such return to be in circulation:

Provided that the annual composition payable in respect of the notes of any bank or banking company in circulation within the Colony on the first day of June, one thousand eight hundred and ninety-three, shall, until the thirtieth day of June, one thousand eight hundred and ninety-five, be at the rate of three dollars for every one hundred dollars thereof:

Provided further that every note which was in circulation and is reissued after the passing of this Act shall be subject to the annual composition of stamp duty of ten per centum for everyone hundred dollars.

Schedule III. A declaration in the form of the Third Schedule shall, up to and inclusive of the thirtieth day of June, one thousand eight hundred and ninety-five, be annexed to every quarterly abstract and statement made under the second section of the Act fourth Victoria number thirteen.

As amended by Act of 1918,9 Geo. 5, No. 11, s. 6 (4). Decimal currency references substituted pursuant to section 7 of Decimal


Banking Companies Act of 1840, 4 Vic. No. 13; see 1936 Reprint, Vol.!. p. 487.


As to insertion of the word "Commissioner", see note to s. 2. The words "for everyone hundred dollars" appear to be surplusage. Bank notes are not promissory notes for the purposes of this Act, s. 37.

59. As to settlement of policy or security. 54 & 55 Vic. c. 39, s. 104. (1) Where any money which may become due or payable upon any policy of life insurance or upon any security not being a marketable security is settled or agreed to be settled, the instrument whereby the settlement is made or agreed to be made is to be charged with ad valorem duty in respect of that money.

(2) Provided as follows:-(a) Where it is a provision of any such settlement that the person

or persons beneficially entitled to the proceeds of the policy shall keep up the said policy, the ad valorem duty is to be charged only on the value of the policy at the date of the instrument.

(b) If in any such case the instrument contains a statement of the said value, and is stamped in accordance with the statement, it is so far as regards the policy to be deemed duly stamped unless or until it is shown that the statement is untrue and that the instrument is in fact insufficiently stamped.

As amended by Act of 1926, 17 Geo. 5 No. 10, s. 25. The expressions "policy of life insurance" and "marketable security" are

defined by s. 2. For duty, see First Schedule, "Settlement", post.

60. Settlements when not to be charged as securities. 54 & 55 Vic. c. 39, s. 105. An instrument, chargeable with ad valorem duty as a settlement in respect of any money, stock, or security, is not to be charged with any further duty by reason of containing provision for the payment or transfer of the money, stock, or security, or by reason of containing, where the money, stock, or security is in reversion or is not paid or transferred upon the execution of the instrument, provision for the payment by the person entitled in possession to the interest or dividends of the money, stock, or security during the continuance of such possession of any annuity or yearly sum not exceeding interest at the rate of four dollars per centum per annum upon the amount or value of the money, stock, or security.


For duty on settlements, see First Schedule. "Settlement", post.

61. Where several instruments, one only to be charged with ad valorem duty. 54 & 55 Vic. c. 39, s. 106. (1) Where several instruments are executed for effecting the settlement of the same property, and the ad valorem duty chargeable in respect of the settlement of the property exceeds one dollar, one only of the instruments is to be charged with ad valorem duty.

(2) Where a settlement is made in pursuance of a previous agreement upon which ad valorem settlement duty exceeding one dollar had been paid in respect of any property, the settlement is not to be charged with ad valorem duty in respect of the same property.

(3) In each of the aforesaid cases the instruments not chargeable with ad valorem duty are to be charged with the duty of one dollar.

STAMP ACTS, 1894 TO 1968 ss. 58-63 381

(4) For determining the rate with which any instrument of settlement is chargeable with duty under this Act, there shall be aggregated the value of all settlements made by the same settlor during the period comprising twelve months prior to and twelve months subsequent to the date of such instrument, whether such period is wholly after the date of the passing of "The Stamp Acts Amendment Act of 1926," or partly before and partly after that date.

As amended by Act of 1926, 17 Geo. 5 No. 10, s. 26. Decimal currency references substituted pursuant to section 7 of Decimal

Currency Act of 1965. An agreement for a settlement is dutiable as a settlement. See s. 2

("settlement"), and First Schedule, "Settlement", post. Where the trusts of a share of settled property were revoked by one instrument

and the share resettled by an instrument of the same date, it was held that that was not a case within subsection (1), Russell v. Inland Revenue Cornrs., [19021 1 KB. 142.

See Re Sharpe; Queensland Trustees Ltd. v. Cornr. of Stamp Duties, [19441 SI. R. Qd. 26 (two instruments: nomination of trustees and schedule of trusts; settlement), affirmed by High Court ([1945] St. R. Qd. 1); Hopkins v. Cornr. of Stamp Duties, [1945] SI. R. Qd. 162.


62. Agreement for lease to be charged as a lease. 54 & 55 Vic. c. 39, s. 75. (1) An agreement for a lease, or with respect to the letting of any lands, is to be charged with the same duty as if it were an actual lease made for the term and consideration mentioned in the agreement.

(2) A lease made subsequently to and in conformity with such an agreement duly stamped is to be charged with the duty of twenty-five cents only.


For duty, see First Schedule, "Lease or Agreement for Lease", post. See 39 English and Empire Digest, (RpI.), p. 335. See also Sergeant on Stamp Duties, 4th ed., p. 134; Lee's Stamp and Estate


63. Leases, how to be charged in respect of produce, etc. 54 & 55 Vic. c. 39, s. 76. (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 is to be deemed a consideration in respect of which the lease or agreement is chargeable with ad valorem duty.

(2) Where it is stipulated that the vaJue of the produce or goods is to 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 is, for the purpose of assessing the ad valorem duty, to be estimated at the given sum, or according to the permanent rate.

(3) A lease or agreement for 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, is, so far as regards the subject-matter of the statement, to be deemed duly stamped, unless or until it is otherwise shown that the statement is incorrect, and that the lease or agreement is in fact not duly stamped.

For duty, see First Schedule, "Lease or Agreement for Lease", post.

382 ST AMP DUTIES Vol. 16

64. Directions as to duty in certain cases. 54 & 55 Vic. c. 39, s. 77. (1) A lease or agreement for a lease or with respect to any letting is not to be charged with any duty in respect of any penal rent or increased rent in the nature of a penal rent, thereby reserved or agreed to be reserved or made payable, or by reason of being made in consideration of the surrender or abandonment of any existing lease or agreement of or relating to the same subject-matter.

(2) A lease or agreement for a lease shall, so far as the consideration therefor consists of any premium, fine, or other consideration whatsoever other than rent, be charged with ad valorem stamp duty, computed on that consideration and also on the consideration paid for or the value of any movable chattels included in the transaction, as if it were an instrument of conveyance of sale for the amount of that consideration:

Provided that when in a lease or agreement for a lease of any lands, tenements, or hereditaments on which is being carried on or on which it is intended to carryon any trade, profession, business, or other undertaking-

(a) The only consideration for such lease or agreement for a lease is expressed to be by way of rental; or

(b) Where the consideration for such lease or agreement for a lease is expressed to be by way of rental and also consists of any premium, fine, or other consideration whatsoever other than rent;

but where the consideration expressed to be by way of rental is in the opinion of the Commissioner in excess of the rent which would be payable annually by a lessee if no such trade, profession, business, or other undertaking were being carried on on the said lands, lease duty shall be chargeable in respect of so much only of such rent as in the opinion of the Commissioner would be payable annually by a lessee if no such trade, profession, business, or other undertaking were being carried on on the said lands; and the balance of such rent to be paid for the duration of the lease together with the consideration other than rent (if any), and also the consideration paid for or the value of any movable chattels taken over by the lessee from the lessor or the outgoing lessee shall be chargeable with ad valorem conveyance duty.

As amended by Act of 1926, 17 Geo. 5 No. 10, s. 27; Act of 1930, 21 Geo. 5 No. 49, s. 4.

It appears that the words "conveyance of sale" should read "conveyance on sale".

For duty on conveyances and transfers, see First Schedule, "Conveyance or Transfer", post.

As to an option to purchase contained in a lease, see s. 54 (3). See also Sergeant on Stamp Duties, 4th ed., p. 139.

65. Meaning of "Mortgage." 54 & 55 Vic. c. 39, s. 86. For the purposes of this Act, the expression "Mortgage" means a security by way of mortgage for the payment of any definite and certain sum of money advanced or lent at any time, or previously due and owing or forborne to be paid, being payable, or for the repayment of money to be thereafter lent, advanced, or paid, or which may become due upon an account current, together with any sum already advanced or due, or without, as the case may be;

STA\1P ACTS. lR94 TO 1968 ss. 64, 65 383

And includes-(a) Any conveyance of any lands, estate, or property whatsoever

in trust to be sold or otherwise converted into money intended only as a security, and redeemable before the sale or other disposal thereof, either by express stipulation or otherwise, except where the conveyance is made for the benefit of creditors generally or for the benefit of creditors specified who accept the provision made for payment of their debts, in full satisfaction thereof; and

(b) Any defeasance, declaration, or other deed or writing for defeating, or making redeemable, or explaining, or qualifying any conveyance, transfer, or disposition of any lands, estate, or property whatsoever, apparently absolute, but intended only as a security; and

(c) Any agreement, contract, or bond, accompanied with a deposit of title-deeds for making a mortgage, or any other security or conveyance as aforesaid, of any lands, estate, or property comprised in the title-deeds, or for pledging or charging the same as security and any instrument by which any property whatsoever is charged with or rendered liable as a security for the payment or the repayment of any sum of money; and

(d) Any instrument operating as a mortgage of any stock or marketable security and any power or letter of attorney given upon the occasion of or relating to the deposit of any title-deeds or instruments constituting or being evidence of the title to any property whatsoever or creating a charge on such property; and

(e) Any deed of mortgage and trust for the purpose of securing debenture-holders:

Provided that any legal mortgage afterwards executed in pursuance thereof shall be treated as collateral thereto.

(2) (Repealed.) As amended by Act of 1918, 9 Oeo. 5 No. II, s. 28; Act of 1959, 8 Eliz.

2 No. 42. s. 4. For duties, see First Schedule, "Mortgage", post. As to security for carrying out certain settlements, see s. 60. As to provision in a conveyance on sale for securing periodical payments of

purchase money, see s. 51 (4). As to correspondence relating to advances, see First Schedule, "Agreement",

exemption (4), post. A wool lien granted under the Bills of Sale and Other Instruments Act of

1955, s. 34, (title MERCANTILE LAW, Vol. 12, p. 43), is a mortgage for purposes of this Act. See Re Bigge & Co. (1866), 1 S.C.R. 152.

Interest, whether simple or compound, is not a "definite or certain sum of money" or any part thereof and duty is not chargeable in respect of it, Comrs. of Stamps v. Bank of New SOllth Wales, [1909] St. R. Qd. 249, 258; [1909] Q.W.N. 40. But such duty becomes payable if and when the holder of the security takes steps to enforce it, ibid.

As. to an instrument executed by assignees of an equity of redemption purportmg to mortgage the property for the amount due under the existing mortgage, see Re Fraser's Mortgage (1885), 2 Q.L.J. 90.

See also, for English cases, 39 English and Empire Digest, (Rp!.), p. 340; 27 Halsbury's Laws of England, 3rd ed., p. 164.



66. Agreement to grant mortgage. An agreement to grant a mortgage shall be charged with the same duty as if it were an actual mortgage:

Provided that where an agreement to grant a mortgage has been duly stamped with ad valorem duty, an actual mortgage thereafter executed in pursuance of such agreement shall be charged with the duty of twenty-five cents.

Original s. 66 repealed by Act of 1918, 9 Geo. 5 No. 11, s. 29; and present section inserted by Act of 1926, 17 Geo. 5 No. 10, s. 28.


For duty on mortgages, see First Schedule, "Mortgage", post.

67. Directions as to duty in certain cases. 54 & 55 Vic. c. 39, s. 87. ( 1) A security for the transfer or re-transfer of any stock is to be charged with the same duty as a similar security for a sum of money equal in amount to the value of the stock; and a transfer, assignment, or disposition of any such security, and a re-conveyance, release, discharge, surrender, or renunciation of any such security is to be charged with the same duty as an instrument of the same description relating to a sum of money equal in amount to the value of the stock.

(2) A security for the payment of any annuity or periodical payments, by way of repayment or in satisfaction or discharge of any loan, advance, or payment intended to be so repaid, satisfied, or discharged, is to be charged with the same duty as a similar security for the payment of the sum of money so lent, advanced, or paid.

(3) A transfer of a duly stamped security, and a security by way of further charge for money or stock added to money or stock previously secured by a duly stamped instrument, is not to be charged with any duty by reason of its containing any further or additional security for the money or stock transferred or previously secured, or the interest or dividends thereof, or any new covenant, proviso, power, stipulation, or agreement in relation thereto, or any further assurance of the property comprised in the transferred or previous security.

(4) An instrument chargeable with ad valorem duty as a mortgage is not to be charged with any further duty by reason of the equity of redemption in the mortgaged property being thereby conveyed or limited in any other manner than to a purchaser, or in trust for or according to the direction of a purchaser.

Subsection (2) applies to terminable annuities and not to a perpetual annuity granted in consideration of a sum of money paid by way of purchase, which is covered by s. 56, Mersey Docks & Harbour Board v. Inland Revenue Comrs., [1897] 1 Q.B. 786; [1897] 2 Q.B. 316.


68. Security for future advances, how to be charged. (1) A security for the payment or repayment of money lent or to be lent, advanced, or paid, or which has or may become due upon an account current either with or without money previously due, is to be charged, where the total amount secured or to be ultimately recoverable is in any way limited, with the same duty as a security for the amount so limited.

(2) Where such total amount is unlimited, the security is to be available for such amount only as the ad valorem duty impressed thereon extends to cover; but where any advance or loan is made in excess of the

ST AMP ACTS, 1894 TO 1968 ss.66.68 385

amount covered by that duty, the security shall, for the purpose of stamp duty, be deemed to be a new and separate instrument, bearing date the day on which the advance or loan is made.

(3) The holder of the security shall, on or before the first day of June in each year, make and deliver to the Commissioner a declaration stating the highest amount further advanced on such security during the preceding twelve months, accompanied by the duty payable thereon, and he shall be entitled to receive a certificate duly stamped in such form as the Commissioner may think fit, which said certificate shall be affixed to the security by the holder, and shall be evidence that duty on such amount has been paid; and the holder thereof shall not be liable for any penalty for not having paid duty on such further advances at the time when the same were respectively made:

Provided that, in any case of an instrument executed by way of security for further advances, the mortgagee or person entitled to the moneys secured thereby shall, when the amount due on such instrument is paid off, or if the same expires by effiuxion of time, make and deliver to the Commissioner a declaration stating the total advances made since the execution of such instrument, and pay the duty (if any) due thereon.

(4) No money to be advanced for the insurance of any property comprised in the security against damage by fire, or for keeping up any policy of life insurance comprised in the security, or for effecting in lieu thereof any new policy, or for the renewal of any grant or lease or any property comprised in the security upon the dropping of any life whereon the property is held, shall be reckoned as forming part of the amount in respect whereof the security is chargeable with ad valorem duty.

(5) If the mortgagee or person entitled to the moneys secured by any instrument as aforesaid is absent from Queensland, the declaration may be made by his agent or attorney who is able to depose of his own knowledge, or, in the case of a company or corporation, by its manager or some other officer who is able so to depose.

(6) Any mortgagee or other person for the time being entitled to the moneys secured by any instrument securing an unlimited sum, who ncglects or omits to make or deliver the declaration mentioned herein, and to pay the duty (if any) due thereon, shall be liable to a penalty not exceeding two hundred dollars; and in the case of any company or corporation every director, manager, or other officer thereof shall be liable to the same penalty.

(7) Provided that any security executed prior to the first day of November, one thousand nine hundred and eighteen, which was not at the time of the execution thereof subject to ad valorem mortgage duty shall be subject to the operation of this section in so far only as relates to any advances made thereunder on or after the first day of November, one thousand nine hundred and eighteen.

Substituted by Act of 1918, 9 Geo. 5 No. 11, s. 30. Decimal currency reference substituted pursuant to section 7 of Decimal

Currency Act of 1965. This section contemplates that a primary security may be a deed on which,

at the time it is executed, there has been no money lent or advanced, Suffield v. Inland Revenue Comrs., [1908] 1 K.B. 865. A provision, reasonably incidental to the security, which may increase the amount secured, does make the in.<trument a security without limit, ibid.


The debiting to a mortgagor's account of overdue interest and the charge. of compound interest thereon, does not constitute an advance or loan upon whICh further duty may become payable under subsection (2), Comrs. of Stamps v. Bank of New South Wales, [1909] St. R. Qd. 249; [1909] Q.W.N. 40; Cascade Brewery Co. Ltd. v. Collector of Stamp Duties (1928), 23 Tas. L.R. 18.


68A. Trust deed in respect of debentures. (1) Where, in respect of the offer by a corporation of debentures to the public for subscription, a trust deed is executed in Queensland or, if executed outside Queensland, brought into Queensland, such trust deed is to be charged with stamp duty at the rate of twenty-five cents for everyone hundred dollars and also for any fractional part of one hundred dollars of the total amount of such debentures subscribed for from time to time by the public in Queensland.

The foregoing provisions of this subsection apply so that a trust deed referred to therein shall not, in respect of any debenture in relation whereto such trust deed has been charged with stamp duty, be again charged with stamp duty in respect of any re-issue or renewal of such debenture in relation to which stamp duty would not be chargeable upon the debenture if the duty charged on the trust deed had been charged on the debenture. A trustee shall make and forward to the Commissioner in respect of every debenture referred to in this paragraph the declaration hereinafter prescribed by this subsection.

In the month of July in each year the trustee under such a trust deed shall forward to the Commissioner a declaration under "The Oaths Acts, 1867 to 1960," setting forth the total amount of debentures subscribed for by the public in Queensland during the twelve months preceding the said month, and account for the duty thereon.

Except as prescribed by this subsection, such a trust deed shall not be liable to duty under this Act.

Any debenture in respect of which such a trust deed has been duly stamped as prescribed by this subsection, shall not be liable to duty under this Act.

(2) For the purposes of this section "debentures" shall include debenture stock, bonds, notes, and other securities of a corporation, whether constituting a charge on its assets or not.

Inserted by Act of 1961, 10 Eliz. 2 No. 21, s. 9; as amended by Act of 1963, No. 35, s. 3.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.

Act referred to: Oaths Acts, 1867 to 1960, title OATHS, Vol. 13, p. 321.

69. Commutation of duty on debentures, etc., of local bodies. The Commissioner may, in his discretion, upon application by any local authority or by any other public authority (approved by the Governor in Council by Order in Council published in the Gazette) desiring to issue debentures or inscribed stock, commute the duty payable on the issue and the subsequent transfer of any such debentures or stock, and so soon as the sum payable has been determined and payment of the commuted duty has been made, all debentures and stock certificates and all transfers of debentures or stock relating to such issue shall be exempt from duty.

Original s. 69 repealed by Act of 1918, 9 Geo. 5 No. 11, s. 30; present section inserted by Act of 1926, 17 Geo. 5, No. 10, s. 29.

STAMP ACTS, 1894 TO 1968 ss.68-70 387

69A. Exemption of duty in case of certain mortgages and guarantees. (1) Subject to this section, a mortgage or guarantee (including an agreement to grant or give a mortgage or guarantee) granted or given by or for-

(a) Any institution in Queensland engaged in the education of students in primary or secondary schools; or

(b) The University of Queensland or any constituent college thereof; or

(c) Any religious institution in Queensland; or (d) Any institution in Queensland engaged in the relief of poverty,

or in the care of sick, aged, infirm, afflicted or incorrigible persons or of children,

shall be exempt from the stamp duties to be charged for the use of Her Majesty under this Act.

(2) The Commissioner may (and shall if thereunto required by a claimant that a document is exempt from stamp duty by virtue of this section) refer to the Minister the matter whether any claimant is entitled to the benefit of the exemption aforesaid. The Minister shall, and he is hereby authorized to decide such a reference as he in his absolute discretion deems just and without assigning any reason therefor.

(3) Where upon such a reference the Minister decides that a claimant is not entitled to the benefit of the said exemption, no mortgage, or g~arantee, or agreement to grant or give a mortgage or guarantee, granted, given or made (whether before or after the Minister made that decision) by or for the claimant shall be exempt from any stamp duty by virtue of this section.

This subsection applies so that the decision of the Minister upon such a reference shall not make liable to any stamp duty under this Act any mortgage, guarantee or agreement in respect of which-

(a) The Commissioner has previously decided that stamp duty is not chargeable; or

(b) The Minister, upon a later reference, shall decide that the claimant is entitled to the benefit of the exemption prescribed by this section.


70. Provisions as to duty upon receipts. 54 & 55 Vic. c. 39, s. 101. (1) For the purposes of this Act the expression "Receipt" includes any note, memorandum, or writing whereby any money exceeding twenty dollars or any bill of exchange or promissory note for money exceeding twenty dollars is acknowledged or expressed to have been received, or deposited, or paid, or whereby any debt or demand or any part of a debt or demand, exceeding twenty dollars is acknowledged to have been settled, satisfied, or discharged, or which signifies or imports any such acknowledgement, and whether the same is or is not signed with the name of any person.

(2) The duty upon a receipt may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the receipt is given before he delivers it out of his hands.

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 31; Act of 1958, 7 E1iz. 2 No. 44, s. 7; Decimal Currency Act of 1965, No. 61, s. 10, First Schedule.

As to cancellation of adhesive stamps, see s. 18. For duty on receipts, see First Schedule, "Receipt", post.


A document which is on its face a receipt, is a receipt for purposes of this Act even though the person signing it did not intend it to have the legal effect of a receipt, Campbell v. Howden & Co. Pty. Ltd., [1928] V.L.R. 157.

A date is not essential to a receipt, ibid. A receipt given by a traveller, following a practice, to his employer for money

for travelling expenses to be accounted for is a dutiable receipt, Collinson v. Ward, [1936] S1. R. Qd. 190; 30 Q.J.P.R. 103. As to receipts given between employees, see also Clough v. Rae (1906), 23 W.N.(N.S.W.) 82; A.-G. v. Carlton Bank, [1899] 2 Q. B. 158.

A statement on the butt of a cheque book of the balance remaining due (Clough v. Cox (1907), 7 S.R.(N.S.W.) 210), a credit in a statement of account in respect of an amount owing by the creditor to the debtor (Ex parte Turnbull (1900), 21 L.R.(N.S.W.) (L.) 414), and a fixed deposit receipt in substitution for a receipt given by another bank whose assets and liabilities are taken over (A.-G. v. Australian Joint Srock Bank Ltd. (1894), 15 L.R.(N.S.W.) (L.) 240) have all been held to be dutiable as receipts.

If a document is a receipt on the face of it, it is immaterial with what intention it was signed, Campbell v. Howden & Co. Pty. Ltd., [1938] V.L.R. 157 at p. 163; [1938] A.L.R. 279. If, on the other hand, it is not a receipt on the face of it, extrinsic evidence is admissible to show whether the parties intended it to be a receipt or not, Campbell v. Anderson, [1948] V.L.R. 355, at p. 357.

For English cases, see English and Empire Digest, (Rp!.), p. 342. See also Sergeant on Stamp Duties, 4th ed., p. 175; Lee's Stamp and Estate


71. Penalty for offences in reference to receipts. 54 & 55 Vic. c. 39, s. 103. If any person-

(1) Gives a receipt liable to duty and not duly stamped; or (2) In any case where a receipt would be liable to duty, does

not forthwith give or issue a receipt duly stamped or in the case of a person making a payment where a receipt therefor would be liable to duty does not demand such receipt or negligently fails to obtain the same; or

(3) Upon a payment to an amount the receipt for which is liable to duty, gives or issues a receipt for a less amount, or separates or divides the amount paid with intent to evade the whole or any part of the duty;

he shall incur a penalty not exceeding one hundred dollars: Provided that the Commissioner may, in his discretion, instead of

instituting proceedings for the recovery of the penalty, demand and receive the amount thereof, or such reduced amount as he may think fit, from the person liable to pay the same.

Provided further that, where an employer has affixed to a wages, salary or pay sheet or other record of wages, salary or other like payments made by him to employees adhesive stamps denoting the aggregate of the amounts of the duty payable under this Act by the employees concerned respectively-

(a) such employer shall not by reason of any provision of this section, be liable to a penalty for that he failed to demand or negligently failed to obtain from any employee concerned the receipt specified in this section; and

(b) any employee concerned shall not by reason of any provision of this section be liable to a penalty for that he failed to forthwith give or issue the receipt specified in this section.

As amended by Act of 1904,4 Edw. 7 No. 14, s. 4 (2); Act of 1918, 9 Geo. 5 No. 11, s. 32; Act of 1926, 17 Geo. 5 No. 10, s. 30; Act of 1966, No. 15, s. 13.

STAMP ACTS, 1894 TO 1968 ss.70-72 389


As to what are "receipts", see s. 70. For duty on receipts, see First Schedule, "Receipt", post.

The statutory duty of seeing that a receipt given is duly stamped is cast upon the person whose receipt it is and he is liable where his servant having authority gives an un stamped receipt, even without the principal's knowledge that it was un stamped, Caulfield v. Winters & Co. LId., [1914] St. R. Qd. 37; [1914] Q.W.N. 15; 8 Q.J.P.R. 27; Ex parte Turnbull (1900), 21 L.R.(N.S.W.) (L.) 414; A.-G. v. Carlton Bank, [1899] 2 Q.B. 158; Fraser v. Brennan, [1935] V.L.R. 371.

The mere appearance of a person's signature on a receipt is not sufficient evidence that he gave the receipt unstamped, Le Fook v. Donohue (1921), 17 Tas. L.R.130.

The substitution of the present paragraph (3) for the former paragraph did not have the effect of preventing prosecutions for offences committed under the paragraph as it stood formerly, R. v. Justices of Roma, Ex parte Murphy, [1906] St. R. Qd. 192; [1906] Q.W.N. 33.


72. Duplicate or additional receipts. Every duplicate or additional receipt must bear the words "original duly stamped" or "original stamped" across such receipt; otherwise any such receipt so issued or given shall not fall within the exemption provided by this Act.

Every person who wilfully issues a receipt endorsed "original duly stamped" or "original stamped" where the original has not been duly stamped shall be liable to a penalty not exceeding one hundred dollars.

Original s. 72 repealed partly by Statute Law Revision Act of 1908, s. 2 and partly by Companies Acts Amendment Act of 1909, s. 23 (3); present section inserted by Act of 1918, 9 Geo. 5 No. 11, s. 33.


For the exemption of duplicate and additional receipts, see First Schedule, "Receipt", post.

72A. Stamp duty on certain lottery tickets. ( 1) There shall be charged, levied, collected, and paid stamp duty for and in respect of every ticket issued in a drawing, sweep, or lottery for a prize paid by means of cash, bonds, inscribed stock, or other negotiable instrument an amount equal to five per centum of the selling price of the ticket:

Provided that the minimum tax charged on any such ticket shall be three cents.

(2) Notwithstanding any other provision of this Act, the person responsible for a drawing, sweep, or lottery for a prize paid by means of cash, bonds, inscribed stock, or other negotiable instrument shall furnish to the Commissioner a return showing the number of tickets issued in the drawing, sweep, or lottery and the amount realised by the sale thereof. The return shall be furnished to the Commissioner within one week after the drawing takes place.

Stamp duty on such issue of tickets shown in the return and calculated at the above rate shall be paid at the time of lodgment of the return.

(3) Until regulations are made prescribing the forms, the forms used under the Income Tax Acts (with the necessary alterations) may be utilised for the purposes of this section.

Inserted by Financial Arrangements and Development Aid Act of 1942, 6 Geo. 6 No. 26, s. 12 (1); as amended by Decimal Currency Act of 1965, s. 10, First Schedule.


Section 12 (3) of the Financial Arrangements and Development Aid Act of 1942 provides as follows:

"(3) Operation of section. This section shall be deemed to have come into operation on and from the first day of July, one thousand nine hundred and forty-two, and shall have retrospective operation and effect accordingly."

72B. Certain payments deemed to have been made in Queensland. Where a person resident or carrying on business in Queensland receives outside Queensland payment for goods supplied or services rendered in Queensland or in any wise howsoever arising from or with respect to a transaction in Queensland, the payment shall for the purposes of sections seventy and seventy-one and all other provisions of this Act with respect to receipts be deemed to have been received in Queensland.


73. Licenses to sell stamps. The Commissioner may, in his discretion, grant a license to any person to sell stamps at any place to be named in the license; and such person shall be allowed such commission on the value of such stamps purchased by him for sale as may from time to time be provided by regulations under this Act.

Substituted by Act of 1918, 9 Geo. 5 No. 11, s. 34.

74. Stamps to be provided. The Commissioner shall provide, for denoting the several duties hereby imposed, such proper and sufficient stamp dies or plates as may from time to time be required for the purposes of this Act, and do all other acts which he may deem necessary for effectually collecting the said duties.

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 6 (4). As to insertion of the words "Commissioner" and "he", see note to s. 2. See also s. 20.

75. Allowance in case of stamps becoming useless. Compare 54 & 55 Vic. c. 38, s. 9. The Commissioner, on application to him by any person posscssed of any stamps rendered useless by being inadvertently spoiled, may make allowance for the same by the issue of other stamps of the same or any other denomination amounting in the whole to the value, less five per centum commission: Provided that such application shall be to the satisfaction of the said Commissioner and is made within twelve months after the stamp has become spoiled or useless.

As amended by Act of 1918,9 Geo. 5 No. 11, s. 6 (4). As to insertion of the words "Commissioner" and "him", see note to s. 2.

76. (Repealed.) Repealed by Criminal Code Act, 1899, 63 Vic. No.9, s. 3.

77. Limitation for time for proceedings. All proceedings for the recovery of any duties or penalties imposed by this Act may be commenced at any time within two years next after the omission to pay such duties, or the commission of any offence charged, came to the knowledge of the complainant.

As amended by Act of 1918, 9 Geo. 5 No. 11, s. 35; Act of 1959, 8 Eliz. 2 No. 42, s. 5.

As to recovery of duties. see s. 4B, and Crown Remedies Acts, 1874 to 1956, 55. 2. 2A, 6 et seq., title CROWN, Vol. 4, pp. 338, 340.

For a decision under this section, see O'Brien v. Douglas, [1905] St. R. Qd. 142; [1905] Q.W.N. 54.

STAMP ACTS, 1894 TO 1968 ss.72A-81 391

78. Recovery of penalties. All penalties imposed by this Act may be recovered in a summary way before any two justices of the peace.

Summary procedure is regulated by Justices Acts, 1886 to 1968, title JUSTICES, Vol. 8, p. 105.

Qucue, how far s. 43 of Acts Interpretation Acts, 1954 to 1962, title ACTS OF PARLIAMENT, Vol. 1, p. 101, providing for apportionment of penalties between the Crown and the prosecutor, applies to penalties recovered under this Act, O'Brien v. DOllglas, [1905] St. R. Qd. 142.

78A. Evidence of averments. In all legal proceedings instituted by or on behalf of the Crown in pursuance of this Act, or any regulations made thereunder, the averment that-

( 1) Any person made or gave or executed any instrument; or (2) Any assessment or reassessment has been duly made; or (3) Any duty, fine, or penalty has or has not been paid;

shall be sulIicient evidence of the fact until the contrary is proved. Inserted by Act of 1918, 9 Geo. 5 No. 11, s. 36.

79. Action against officers. No action at law shall lie against any Commissioner, Deputy Commissioner, or Inspector, for or on account of any matter or thing whatsoever done or directed to be done by him in the execution of his duty or office under this Act, unless such action is commenced within three calendar months next after the cause of action or complaint arises.

Notice in writing of such action, and the cause thereof, shall be given to the defendant one calendar month at least before the commencement thereof.

The plaintiff shall not recover in any such action if tender of sufficient amends is made before the action is brought, or if, after the action is brought, the defendant pays into Court sufficient amends, but in the latter case the plaintiff shall recover his costs of suit up to the time of payment into Court.

80. Remedy where insufficient duty has been paid. In any case where it is ascertained that the amount of duty payable on any instrument has been assessed at an insufficient amount, the Commissioner may re-assess such duty, and demand and recover so much thereof as may still be owing to Her Majesty.


As to insertion of the word "Commissioner", see note to s. 2. The word "ascertained" means "made certain"; the light of after events may

be regarded, Kent v. Comr. of Stamps, [1927] St. R. Qd. 398; [1927] Q.W.N. 60. See Gill v. Comr. of Stamp Duties, [1963] Qd. R. 348.

81. Certain contracts, etc., void against the Commissioner. Every contract, agreement, or arrangement made or entered into, in writing or orally, whether before or after the commencement of "The Stamp Acts Amendment Act of 1959," shall, so far as it has or purports to have the purpose or effect of in any way directly or indirectly-

(a) Altering the incidence of any duty under this Act; or (b) Relieving any person from liability to pay any duty, or make

any return, under this Act; or (c) Defeating, evading, or avoiding any duty under this Act or

liability imposed on any person by this Act; or


(d) Preventing the operation of this Act in any respect, be absolutely void, but without prejudice to its validity in any other respect or for any other purpose.

Inserted by Act of 1959, 8 Eliz. 2 No. 42, s. 6; as amended by Act of 1961, 10 Eliz. 2 No. 21, s. 10.

Original section 81, which repealed certain prior enactments, with savings as to persons appointed, acts done, and proceedings instituted thereunder, not reprinted.


82. Reference to repealed sections. When in any Act reference is made to any of the provisions of the Acts hereby repealed, the reference shall be taken to be to the corresponding provisions of this Act.

83. Regulations. (1) The Governor in Council may from time to time make regulations with respect to all or any of the following matters:-

( 1) The duties of persons employed in the administration of this Act or the regulations;

(2) The times and manner of giving notices; (3) The forms to be used under this Act or the regulations; ( 4) The effective cancellation of adhesive duty stamps on

documents allowed to be stamped with adhesive stamps; (5) Imposing penalties not exceeding forty dollars for breach of

any regulation; (6) Generally for carrying this Act into effect.

(2) Without limiting the generality of the provisions of subsection one of this section regulations may be made for and in relation to-

(a) Empowering the Commissioner to authorize any bank to impress stamps or have stamps impressed upon forms of bills of exchange of any prescribed class;

(b) Prohibiting any person printing forms of bills of exchange for and on the order of any bank from impressing stamps thereon unless licensed in that behalf by the Commissioner;

(c) Prescribing conditions to be observed by any person licensed as aforesaid in the impressing of stamps;

(d) Providing for the making of periodical payments by banks of amounts equivalent to the value of stamps impressed in pursuance of any such authority;

(e) Prescribing for the purposes of th is subsection the procedure to be followed by banks and persons printing forms of bills of exchange for and on the order of any bank and for such purposes requiring the prescribed returns and information to be furnished to the Commissioner.

Any bills of exchange upon which stamps have been impressed in accordance with the provisions of the regulations made under this subsection shall be deemed to be duly stamped.

(2A) Without limit to the generality of the provisions of subsection ( 1) of this section, in respect of bills of exchange payable on demand or at sight, or on presentation, or in which no time for payment is expressed, regulations may be made for or in relation to-

(a) the use for a specified period on and after the first day of December, one thousand nine hundred and sixty-five, of forms

STAMP ACTS, 1894 TO 1968 ss.81-83 393

of bills of exchange or of any specified class, description or kind of bills of exchange, issued by banks to the public before that date;

(b) the extent to which forms of bills of exchange or any specified class, description or kind of bills of exchange mentioned in paragraph (a) of this subsection are exempted from the increase in stamp duty imposed by "The Stamp Acts Amendment Act of 1965";

(c) (to the extent to which forms of bills of exchange, or any specified class, description or kind of bills of exchange, mentioned in paragraph (a) of this subsection are not exempted from the increase in stamp duty imposed by "The Stamp Acts Amendment Act of 1965,") the use, for denoting such increase, of stamps whereon amounts of money are denoted in the currency provided for by the Currency Act 1965 of the Commonwealth notwithstanding that such amount is not the exact equivalent of such increase.

(2B) Without limiting the generality of the provisions of subsection ( 1) of this section regulations may be made for and in relation to-

(a) empowering the Commissioner at his discretion to permit in writing any person or persons included in any prescribed class of persons (in the stead of accounting for and paying the stamp duty charged on receipts under this Act by stamping the same) to account for and pay to the Commissioner that duty by-

(i) at prescribed intervals delivering to the Commissioner a statement in the prescribed form and verified in the prescribed manner of-

(a) the aggregate of the amounts of stamp duty charged under this Act upon receipts for amounts received or deemed to have been received by the person delivering the statement during the period to which the statement is prescribed to relate; and

(b) (where amounts of the stamp duty charged under this Act upon receipts for amounts paid by the person delivering the statement during the period to which the statement is prescribed to relate have been deducted by him from such payments) the aggregate of the amounts so deducted; and

(ii) paying in cash to the Commissioner at the time of delivering to him, and in respect of any and every such statement, the aggregates of the amounts of stamp duty charged under this Act in respect of the receipts and payments respectively to which the statement relates;

(b) limiting the power of the Commissioner to grant permits under the regulations to persons included in a specified class or specified classes of persons but so that such a limitation shall not prejudice or affect in any way the power of the Commissioner to refuse to grant to any person such a permit or to cancel any such permit;

(c) empowering the Commissioner at his discretion to cancel any permit granted by him under the regulations;


(d) prescribing that every permit under the regulations shall be granted by the Commissioner subject to the condition that the person to whom the permit is granted will keep for the period specified by the Commissioner details as specified in the permit with respect to all receipts and payments, the duty whereon such person has accounted for and paid as prescribed by the regulations, and if the Commissioner so specifies at the address specified by the Commissioner, and will, upon demand made by the Commissioner or an officer thereunto authorised by the Commissioner at any time during the period for which the Commissioner has so specified that the same are to be kept, produce any such details to the Commissioner or such officer;

(e) prescribing that a breach of the condition referred to in paragraph (d) of this subsection shall be an offence under this Act and prescribing a penalty not exceeding two hundred dollars for such offence.

(3) All such regulations shall be published in the Gazette, and thereupon, subject to the third last paragraph of this section, shall have the same effect as if they were enacted in this Act.

Such regulations and any amendment thereof shall be laid before Parliament within fourteen sitting days after such publication, if Parliament is in session, and, if not, then within fourteen sitting days after the commencement of the next session.

If Parliament passes a resolution disallowing any such regulation or amendment thereof, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation or amendment thereof has been laid before it, such regulation or amendment thereof shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime.

For the purposes of this Act, the term "sitting days" shall mean days on which the House actually sits for the despatch of business:

Provided always that if such regulations and amendments thereof, if any, are not duly laid before Parliament as hereinbefore prescribed, they shall thereupon cease to have any force, effect, or operation whatsoever.

Substituted by Act of 1918, 9 Geo. 5 No. 11, s. 37; as amended by Act of 1950, 14 Geo. 6 No. 10, s. 2; Act of 1965, No. 46, s. 6; Act of 1968, No. 11, s. 9.


For regulations, see Table of Contents, p. 310, ante. As to validity of regulations generally, see Preliminary Note to title ACTS OF

PARLIAMENT, Vol. 1, p. 72.

STAMP ACTS. 1894 TO 1968 s. 83, Sch. I 395

SCHEDULES

FIRST SCHEDULE [See s. 4]

Schedule substituted by Decimal Currency Act of 1965, No. 61, s. 10, Sch. I; and as amended by Act of 1966, No. 15, s. 14; Act of 1968. No. 11, s. 10. (Section 14 (b) of Act of 1966, No. 15, came into operation on 3 January, 1967) :

Provided that the Commissioner of Main Roads may register without requiring payment of the duty thereon an application for registration or an application for transfer of registration in respect of a motor vehicle where the said Commissioner is satisfied that the application together with the prescribed fee and all things prescribed by the regulations under "The Main Roads Acts, 1920 to 1965," to accompany it had, prior to the third day of January, one thousand nine hundred and sixty-seven, been duly forwarded to him or to a person to whom the applicant was authorized by the said regulations to deliver it.

Section 14 (c) (d) came into operation on 3 July 1967 by Proclamation published Gazette 24 June 1967, p. 962.

Section 14 (e) (ii), (iii), (iv), (v), (vi), (vii) came into operation on 1 February 1967 by Proclamation published Gazette 14 January 1967. p. 129.

Section 14 (g) came into operation on 3 July 1967 by Proclamation published Gazette 24 June 1967, p. 962.)

STAMP DUTIES ON INSTRUMENTS

AGREEMENT OR CONTRACT accompanied with a deposit. [See "Mortgage," etc., and ss. 34, 65]

AGREEMENT for a lease, or for any letting. [See "Lease," and s. 62]

AGREEMENT for sale of property. [See "Conveyance on Sale"]

As to agreements for sale of property, see s. 54.

AGREEMENT or any MEMORANDUM of an AGREEMENT under hand only, and not otherwise specificaIIy charged with any duty, whether the same be only evidence of a contract or obligatory upon the parties from its being a written instrument (ss. 32, 34)-

For value, for every $40 and also for every fractional part

Duty $

of $40 0.05 (But not to exceed SOc on any such instrument)

In any other case 0.25 EXEMPTIONS

1. Agreement, whether under hand only, or by deed, made in pursuance of "The Workers' Compensation Acts, 1916 to 1965."

2. Agreement made by any person and his employer with respect to his employment or the terms of his employment or otherwise for any purpose under any Wages Act in force or hereafter to be enacted, where the wages or salary payable under such agreement, if received for a year, would not exceed three thousand doIIars.

3. An order for the supply of goods, wares, or merchandise (not being live stock), which is not in itself a binding agreement, and whether


or not such order is followed by a formal acknowledgment thereof in writing or compliance therewith.

4. Correspondence in the ordinary course of business relating to advances which is followed by a duly stamped security.

5. Agreement or Memorandum of an Agreement, the matter whereof is not of the value of forty dollars.

6. Any instrument to which the provisions appearing under this heading are expressed to apply given or executed by a religious body, including the trustees of a religious body, as debtor.

7. Any agreement, letter or memorandum made for or relating to the sale in any retail establishment of any goods, wares or merchandise the value whereof does not exceed two hundred dollars and, in respect of any such transaction, any instrument guaranteeing payment of moneys at any time due and unpaid provided that the liability of the guarantor is for a specified sum not exceeding two hundred dollars.

8. In the case of a transfer of a right in respect of shares, any agreement by the transferee with the company or corporation concerned with respect to the acquisition by him of the shares the subject of the right.

Act referred to: Workers' Compensation Acts, 1916 to 1966, title LABOUR, Vol. 8,

p. 757. As to liability for stamp duty, see s. 26. As to when an adhesive stamp

may be used, see s. 32. As to sale of goods, live stock, wares or merchandise, see s. 54 (1) (b) (ii). As to parol contracts for issue of shares as fuIIy or partly paid up otherwise

than for cash, see Companies Acts, 1961 to 1964, s. 54 (5), title COMPANIES, Vol. 2, p. 99.

For exemption of acknowledgments of simple contract debts and obligations, promises to pay debts contracted during infancy, and written representations as to character, credit, etc., of other persons, see Statute of Frauds and Limitations 0f 1867, s. 14, title FRAUDS, Vol. 6, p. 218.


ANNUITY-Conveyance in consideration of.

[See "Conveyance on Sale," and s. 51]

Purchase of. [See "Conveyance on Sale," and s. 56]

Creation of, by way of security. [See "Mortgage," etc., and s. 67]

ApPLICATION for REGISTRATION or ApPLICATION for TRANSFER of REGISTRATION of a motor vehicle.

For every $100, and also for any fractional part of $100, of the value of the motor vehicle in respect of which the

$

application is made 1.00

Provided that the duty on an application for transfer of registration to a person beneficially entitled under a will or intestacy shall be $2 irrespective of the value of the motor vehicle.

STAMP ACfS, 1894 TO 1968 Sch.l 397

EXEMPTIONS

1. Any application for registration of a motor vehicle made by a person who carries on the business of selling motor vehicles if the application is made by that person for the purpose of demonstrating such motor vehicle to prospective purchasers of motor vehicles of the make and model thereof and such motor vehicle has not been previously registered (whether in this State or elsewhere in the Commonwealth).

2. Any application for registration made by or application for transfer of registration to a licensed motor dealer, where the motor vehicle has been acquired in the course of and for the purposes of carrying on the business of such licensee.

3. Any application for registration made by, or application for transfer of registration to, an executor or administrator of or any person administering the estate of a deceased person if the application is made only for the purpose of the transfer of the motor vehicle to a person beneficially entitled thereto or for the purpose of the sale of the motor vehicle in the course of winding up the estate.

4. Any application for registration made by, or application for transfer of registration to, an owner who has repossessed the motor vehicle pursuant to a hire purchase agreement or an owner to whom the motor vehicle has been returned by the hirer voluntarily where the vehicle is the subject of a hire purchase agreement or upon the termination of a hiring agreement (not being a hire purchase agreement).

5. Any application for registration made by or application for transfer of registration to-

(a) the Crown or any corporation representing the Crown or any department, sub-department, board or commission under the State Government;

(b) Brisbane City Council, the Southern Electric Authority of Queensland, the Northern Electric Authority of Queensland, or any local authority, regional board for a region of electricity supply, harbour board, hospitals board, fire brigade board or ambulance brigade;

(c) a foreign consul or a member of a foreign consulate staff if such person is a national of the country represented;

(d) a primary producer, where the motor vehicle is of more than four tons load capacity and the primary producer makes a declaration under "The Oaths Acts, 1867 to 1960," that he intends to use the motor vehicle solely in connexion with his business as a primary producer.

In this paragraph the expression "primary producer" shall have the same meaning as is assigned to it in the regulations under "The Main Roads Acts, 1920 to 1965";

(e) any other person or body to whom or which exemption is granted by the Governor in Council (it being hereby declared that the Governor in Council by Order in Council published in the Gazette may grant such an exemption or revoke any such exemption granted by him);

6. Any application for transfer of registration which is made subsequent to the making, in respect of the same transaction, of another such application on which the duty payable under this Act has been duly paid.

398 STAMP DUTIES

ApPOINTMENT of a new trustee [so 57] ASSIGNMENT-

By way of security or of any security. [See "Mortgage," etc.]

Upon a sale or otherwise. [Sec "Convcyance"l

ASSURANCE. [See "Policy"]

AWARD in any case in which an amount or value is the matter in disputc-

Where no amount is awarded or the amount or value

Vol. 16

Duty $

1.00

awarded does not exceed $100 0.25 Where the amount or value awarded-

Exceeds $100 and does not exceed $200 0.50 ,,$200 " " ,,$400 1.00 " $400 $1,000 2.00 " $1,000 $1,500 3.00 " $1,500 " " " $2,000 4.00

For every additional $100, and also for any fractional part of $100 0.25

BILL OF EXCHANGE [ss. 36, 39, 41]-Payable on demand or at sight, or on presentation, or in

which no time for payment is expressed 0.05 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 endorsed, or in any manner negotiated in the State of Queensland [ss. 36,37,38,39,40,41,42]-

Where the amount or value of the money for which the bill or note is drawn or made does not excecd $100 0.10

Exceeds $100 and docs not exceed $200 0.20 And where the same shall exceed $200, then for every $100,

and also for any fractional part of $100 0.10 EXEMPTIONS

Draft or order drawn by any bank in the State of Queensland upon any other bank in the State of Queensland, not payable to bearer or to order, and used solely for the purpose of settling or clearing any account bctwecn such banks.

Lctter written by a bank in the State of Queensland to any other bank in the Statc of Queensland, 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.

Letter of credit granted in the State of Queensland authorizing drafts to be drawn out of thc State of Queensland payable in the State of Queensland.

All debentures, Treasury bills, and promissory notes for the payment of money, on demand, issued by the Govcrnment of Queensland.

STAMP ACTS. 1894 TO 1968 Sch.l 399

All bills of exchange or promissory notes issued by any bank for Government purposes to the Treasurer.

All promissory notes for the payment of money on demand, issued within the State of Queensland by any bank or banking company legally incorporated and carrying on business in the said State.

Subject to approval by the Treasurer of this exemption applying in the case of the agent in question and to that approval remaining unrevoked at the relevant time (it being hereby declared that the Treasurer may by notice published in the Gazette grant or revoke such an approval) all cheques drawn on a bank in the State of Queensland by the accredited agent of the government of a country outside the Commonwealth and so drawn by that agent in his capacity and for a purpose of his office as such agent.

All cheques drawn on banks by any society registered under "The Friendly Societies Acts, 1913 to 1963," any religious, charitable or educational corporation incorporated under 'The Religious, Educational, and Charitable Institutions Acts, 1861 to 1959," and "The Religious, Educational, and Charitable Institutions Act of 1861 Amendment Act of 1895," any institution referred to in section 69 A of this Act, or any other body or association of persons approved by the Governor in Council for the purposes of this exemption (it being hereby declared that the Governor in Council may by Order in Council published in the Gazette grant or revoke such an approval).

All cheques drawn by any religious body, including by the trustees of any religious body.

Any instrument to which the provisions appearing under this heading are expressed to apply given or executed to secure a debt of a religious body.

Acts referred to: Friendly Societies Acts, 1913 to 1965. title SOCIETIES, p. 159. ante. Religious Educational and Charitable Institutions Acts, 1861 to 1967, title

INSTITUTIONS, Vo\. 7, p. 725. For definitions of "bill of exchange" and "promissory note", see ss. 36, 37. As to time for stamping cheques, bills of exchange and promissory notes, see

ss. 26, 38-40. As to bills in a set, see s. 42. For penalty for issuing, negotiating, etc., unstamped bills and notes, see s. 41.

For exemption of cheques drawn by friendly societies, see Friendly Societies Acts, 1913 to 1965. s. 27. title SOCIETIES, p. 17Y, anle.

A post-dated cheque is a bill of exchange payable on demand, Edwards Dllnlop & Co. Ltd. v. Harl'ey. [1927] V.L.R. 37; 39 C.L.R. 302.

It appears that the provisions of this Act relating to bills of exchange and promissory notes are not invalid for inconsistency with the Bills of Exchange Act 1909-1958 (Commonwealth). See Edwards Dunlop & Co. Ltd. v. Harvey, [1927] V.L.R. 37, at p. 54; Stock Molar PlollRhs Ltd. v. Forsyth (1932), 48 C.L.R. 128.

The imposition by this Act of stamp duty in respect of cheques drawn on the Commonwealth Bank is valid, Heiner v. Scott (1914), 18 C.L.R. 381; 9 Q.J.P.R. 42.

For English cases, see 3 Halsbury'S Laws of England, 3rd ed., p. 242; 6 English and Empire Digest, (Rp\.), p. 461.


BILL OF LADING or RECEIPT of or for any goods, merchandise, or effects to be carried beyond the State of Queensland [s.43]-

Duty $

Bill of Lading and each copy 0.10 Receipt and each copy 0.05

A bill of lading must be stamped before execution, ss. 26, 43.


BILL OF SALEAbsolute.

[See "Conveyance on Sale"] By way of security.

[See "Mortgage," etc., and ss. 44, 45]

BOND given as security for the due execution of l an office and for the accounting for money received by virtue thereof where the amount secured exclusive of penalty exceeds $400.

Ad valorem duty as in the case of mortgage, bond, debenture, and covenant.

BOND, COVENANT, or INSTRUMENT of any kind whatsoever-( 1) Being the only or principal or primary security for any

annuity (except upon the original creation thereof by way of sale or security and except a superannuation annuity) or for any sum or sums of money at stated periods, not being interest for any principal sum secured by a duly stamped instrument, nor rent reserved by a lease- . .. l The same ad valorem For a defimte and certam penod, duty as a mortgage, so that the total amount to be ultimately bond, debenture, and payable can be ascertained. covenant for such total

sum. For the term of life or any other indefinite period I $ For every $10 and also for every fractional part of 0.50

$10 of the annuity or sum periodically payable .. (2) Being a grant or contract for payment of a superannuation

annuity, that is to say, a deferred life annuity granted or secured to any person in consideration of annual premiums payable until he attains a specified age, and so as to commence on his attaining that age-

(3)

For every $10 and also for every fractional part of $10 of the annuity 0.10 Being a collateral or auxiliary or additionall The same duty or substituted security for any of the above- as a mortgage, . . . bond, debenture m~ntlOne.d purpose~, where the pnncipal or and covenant of pnmary mstrument IS duly stamped . . .. the same kind.

EXEMPTIONS Any instrument to which the provisions appearing under this heading

are expressed to apply given or executed to secure a debt of a religious body.

Any agreement, letter or memorandum (other than an instalment purchase agreement under and within the meaning of section 32A of this Act) made for or relating to the sale in any retail establishment of any goods, wares or merchandise the value whereof does not exceed two hundred dollars and, in respect of any such transaction, any instrument guaranteeing payment of moneys at any time due and unpaid provided that the liability of the guarantor is for a specified sum not exceeding two hundred dollars.

Any instrument to which the provisions appearing under this heading are expressed to apply which, being made by an employer with an employee, relates solely to the employment by such employer of such

STAMP ACTS, 1894 TO 1968 Sch.l 401

employee and which does not relate in any respect to payment of any superannuation annuity. This exemption applies so as not to exempt any such instrument from any duty specified under any other heading in this Schedule.

As to bonds, convenants, etc., given to secure an annuity or other right not before in existence upon the sale thereof, see s. 56.


BOND or recognisance of any kind whatever not otherwise charged $ not expressly exempted from all stamp duty 1.00

CHARTER PARTY-

When the Charter does not exceed $40 1.00 When it exceeds $40 and does not exceed $200 1.50 When it exceeds $200 2.00

See S5. 26, 33. For cases, see 41 English and Empire Digest, (Rpl.), p. 235.

CONVEYANCE OR TRANSFER-

(1) (Other than by way of security) of any stock or marketable security or right in respect of shares of any corporation, company or society which has a register in Queensland in which such stock, marketable security or right is registered-

(a) On sale or by way of gift, division or exchange-(i) Where the then value of the stock or marketable

security or right in respect of shares does not amount to $100, for every $25 and also for any fractional part of $25 0.10

(ii) Where the then value of the stock or marketable security or right in respect of shares amounts to $100 or more, for every $100 and also for any fractional part of $100 0.40

(b) Under section one hundred and eighty-five of "The Companies Acts, 1961 to 1964,"-

the same duty as if the transfer were a transfer on sale by the shareholder;

(c) For carrying into effect-Any bequest under a will; or a distribution in intestacy; or the terms of a settlement in respect of which ad valorem duty under this Act, or under "The Gift Duty Acts, 1926 to 1963," has been paid,

the same duty as if the transfer were a transfer on sale, but not exceeding one dollar;

Cd) Where-(i) shares are acquired with rights to further shares and

ad valorem duty is paid on the transfer of the shares on the full value of the shares including the said rights; or

(ii) shares are acquired and rights to further shares are attached to them after acquisition and ad valorem


Duty duty is paid on the value at the time of acquisition $ of the shares,

any transfer executed to vest in the transferee such further shares shall be charged with the same duty as if it were a transfer on sale, but not exceeding one dollar;

(e) Where paragraphs (a), (b) or (c) of this provision do not apply,

the same duty as if the transfer were a transfer on sale, but not exceeding one dollar.

(2) On the sale of any property (except stock or marketable security)-

For every $100 and also for any fractional part of $100 of the value of the consideration for the sale 1.25

(3) By way of gift of any property (except stock or market-able security-

The same duty on the full value of such property as on the amount or value of the consideration for a conveyance or transfer on sale.

( 4) By way of partition or division of any real or personal property (except stock or marketable security)-


(5) By way of exchange of any real or personal property (except stock or marketable security)-


(6) By way of security, of any property ) See "Mortgage," or of any sccurity j etc.

(7) Not specified in the preceding provisions appearing under this heading, and not of any marketable security 1.00

EXEMPTIONS

All conveyances or transfers of lands to the Government for public purposes.

Any grant from the Crown under the hand of the Governor of Queensland for the time being to any purchaser of Crown land in Queensland.

Transfer under the Mining Acts of a claim or share in a claim where the consideration paid does not exceed $100.

Transfer of a pastoral holding (not being a preferential pastoral holding) from the mortgagee to the mortgagor having the effect of a release of the mortgage.

The gift from husband to wife conveyed by memorandum of transfer of an interest as joint tenant, in respect of land whereon is a dwelling-house which was purchased under contract in the joint names of such husband and wife and where the total value of the property so purchased does not exceed the sum of one thousand six hundred dollars.

STAMP ACTS, 1894 TO 1968 Sch. 1 403

Any conveyance or transfer of property to any institution in Queensland engaged in the education of students in primary or secondary schools, or both; or to the University of Queensland or any constituent college thereof; or to a rural training school; or to any institution in Queensland (approved by the Minister for the purpose of this exemption) engaged in the relief of poverty, or in the care of sick, aged, infirm, afflicted or incorrigible persons or of children.

All conveyances or transfers which upon the incorporation of a principal sporting body, that is to say a body of persons exercising throughout the State a major control or influence over the conduct of a particular sport and recognised as a principal sporting body by the Governor in Council by Order in Council, are necessary or expedient for the purpose of vesting in such principal sporting body in its corporate name all property, including estates or interests in property, of which it was the beneficial owner immediately prior to its incorporation.

Any conveyance or transfer of a license under "The Land Acts, 1962 to 1965," to enclose a temporarily closed road, where the value of such license does not exceed $200.

Any conveyance or transfer of property to a religious body, induding to trustees upon trust for a religious body.

Any contract note issued by a Queensland dealer as defined in section 31 B of this Act in relation to the sale or purchase of any marketable security or right in respect of shares.

Any conveyance or transfer of stock, debentures or bonds of any public statutory body constituted under the law of this or any other State or of any Territory of the Commonwealth.

Any conveyance or transfer of land situated outside Queensland. Acts referred to:

Companies Acts, 1961 to 1964, title COMPANIES, Vol. 2, p. 31. Gift Duty Act 1926-1969. title GIFT DUTY, Vol. 6. p. 445. Mining Acts, lR98 to 1%7, see now Mining Act 1968. 1968 Annual

Volume. p. 396. Land Act 1962-1970, title LAND, Vol. 9, p. 113.

The expression "conveyance or transfer" is defined by s. 49. For other provisions relating to conveyances and transfers, see ss. 49-53, 54-57.

Transfers of stock and marketable securities-"Stock" and "marketable security" are defined by s. 2. For other provisions relating to stock and marketable securities, see ss. 31 et seq., and s. 53A.

Conveyances and transfers on sale-Agreements for sale of property are, in general, dutiable as transfers or conveyances on sale, and where an agreement has been so stamped, the conveyance or transfer is not dutiable, s. 54. As to conveyances on sale, see also ss. 50, 51, 51c, 52, 53, 55, 56.

Conveyance on sale is not limited to conveyance in consideration of a money payment; see Re Taylor's Transfer (1897), 8 Q.L.I. 24, and Croydon Consols Ltd. v. Comrs. for Stamps (1900), 10 Q.L.I. 28, where transfers of property to a company in consideration of discharge of liability on shares were held to be conveyances on sale. There may be a sale even though there was no adverse bargaining in arriving at the transaction. See Davies v. Collector of Imposts, [1908] V.L.R. 272; Re Kelly's Transfer (1907), 29 A.L.T. 91. A transaction is not prevented from being a sale by the fact of identity between the vendors and the shareholders of the company taking the property, Comrs. of Stamps v. Parbury Estates Ltd. (1913), 16 C.L.R. 521; Re Tasmanian Gold Mine Ltd. (1911), 7 Tas. L.R.12.

A transfer in pursuance of a deed of partnership providing that on death of a partner his personal representatives should be considered as vendors of his share to the surviving partners is a transfer on sale, Duckett v. Collector of Imposts, [1927] V.L.R. 457.


The following assurances have been held not to be conveyances or transfers on sale: a transfer giving effect to what is in substance a family arrangement, Atkinson v. Collector of Imposts, [1919] V.L.R. 105; Davies v. Collector of Imposts, [1908] V.L.R. 272; a conveyance or transfer of property subject to mortgage, Brewer v. Comrs. of Stamps, [1903] St. R. Qd. 143; a conveyance or transfer of the legal estate by way of discharge of a mortgage, Currey v. Federal Building Society (1929), 42 C.L.R. 421, at p. 433; a retransfer by a purchaser to the vendor in consideration of discharge of the contract, Ex parte Miller and Gray (1892), 18 V.L.R. 31; a reconveyance to owners of land resumed by a public authority in consideration of their relinquishing their claim for compensation, Commonwealth v. New South Wales (1918), 25 C.L.R. 325, at p. 346; a conveyance in consideration of a conveyance by a third party to the conveyor, Campbell v. Collector of Stamp Duties (1930), 25 Tas. L.R. 121; a transfer in consideration of the transferee applying an annual sum to the maintenance of the transferor, Re Lang (1899), 24 V.L.R. 807; a transfer to executors in performance of a condition on which the transferor becomes entitled to an interest under the will, Byrnes v. Comr. for Stamps (1911), 11 S.R.(N.S.W.) 499.

As to a transfer to a sub-purchaser by direction of the purchaser, see s. 53 (4), and cf. War Service Homes Comr. v. Collector of Imposts (1920), 27 C.L.R. 334; New Britain Plantations Ltd. v. Acting Treasurer of New Guinea (1936), 55 C.L.R. 127. As to whether a transfer to a person to whom the purchaser makes a gift of the property is a transfer on sale, see Roberts v. Collector of Imposts, [1919] V.L.R. 638.

As to when a transfer, on its face voluntary, to a company which allots fully paid shares to the transferor will constitute a transfer on sale, see Comrs. of Stamps v. Parbury Estates Ltd. (1913), 16 C.L.R. 521.

See also 33 Halsbury's Laws of England, 3rd ed., p. 307; 39 English and Empire Digest, (Rp!.), p. 321.

As to what constitutes the true consideration where a partner sells his interest in the partnership property on condition that the purchasers take over his liabilities, see Re Smith & Gilchrist's Agreement (1892), 4 Q.L.J. 170. As to the true consideration for a transfer by a mortgagor to his mortgagee of the equity of redemption where the mortgagee releases liability for the mortgage money, see Re Lister's Transfer (1890), 4 Q.L.J. 26.

The Commonwealth is not liable to pay duty as purchaser or transferee, Commonwealth v. New South Wales (1906), 3 C.L.R. 807. But a person purchasing or taking a transfer from the Commonwealth is liable, Commonwealth v. New South Wales (1918), 25 C.L.R. 325.

Conveyance or transfer by way of exchange--A transfer to an executor in performance of a condition under which the transferor becomes entitled to a gift under the will is not an exchange, Byrnes v. Comr. for Stamps (1911), 11 S.R.(N.S.w.) 499.


DECLARATION OF TRUST-

(1)

(2)

Any instrument declaring that property vested in any person as the apparent purchaser thereof is held by him in trust for the person or persons who have actually paid the purchase money therefor Any instrument declaring that the property vested in the person executing the same is or shall be held in trust for the person or persons mentioned therein-

Duty $

1.00

U h i th f 1 The same duty as on pon t e amount or va ue ereo ) conveyance on sale.

See also "Settlement, Deed of Gift or Voluntary Conveyance", post. As to a document relating to a trust previously existing, cf. Perpetual Executors

and Trustees Assoc. v. Wright (1917), 23 C.L.R. 185. The words "is .... held in trust" did not appear in the section on which that case was decided.

DEED of any kind whatsoever not described in this Schedule [See "Mortgage," etc.]

$ 1.00

STAMP ACTS, 1894 TO 1968 Sch.l 405

As to memorandum and articles of association, see Companies Acts, 1961 to 1964, 55. 18 (4), 29 (2), title COMPANIES, Vol. 2, pp. 60, 72.

See also Sergeant on Death Duties, 4th ed., p. 127.

DEPOSIT of title-deeds.

DUPLICATE or COUNTERPARTS of any instrument chargeable with duty-

Where such duty does not amount to twenty-five cents

) The same duty as the ) original instrument.

In any other case

EXEMPTION

Provided that, notwithstanding the provIsIons of section fifteen, in any case where the duplicate or counterpart of an instrument contains or relates to several distinct matters, so that such instrument is construed as a separate instrument with respect of each of such matters, duty under this heading shall be chargeable on the duplicate or counterpart of such instrument as if it were only one instrument and not as if it were a separate instrument in respect of several distinct matters therein concerned.

Duty $

0.25

The duplicate or counterpart of any instalment purchase agreement. As to duplicate and additional receipts, see s. 72.

HIRING AGREEMENT-( 1) Where the agreement is for a definite and certain period so

that the total amount to be ultimately payable can be ascertained-

The same ad valorem duty as a mortgage, bond, debenture, and covenant for such total amount.

(2) Where the agreement is for the term of any life or lives in being or for any other indefinite period it shall be deemed to be an agreement for the period of three years and chargeable accordingly under provision (1) appearing under this heading:

Provided that where, within six months of the making of an agreement mentioned in this provision (2) which was made after the coming into force of section six of "The Stamp Acts Amendment Act of 1968," that agreement is determined, a rebate of the duty charged pursuant to this provision (2) shall be made equal to the amount of the excess thereof over the amount of duty which would have been charged under provision (1) appearing under this heading if the agreement was for the period between the making and determination thereof.

EXEMPTION Any hiring agreement the amount received in respect of which is,

pursuant to subparagraph (xi) of paragraph (a) of subsection (1) of section 35B of this Act required to be included in a statement prescribed by subsection (1) of that section to be delivered to the Commissioner.

14


INSTALMENT PURCHASE AGREEMENT-

Where the purchase priceDoes not amount to $20 .. Amounts to $20 but does not amount to $40 Amounts to $40 but does not amount to $60 Amounts to $60 but does not amount to $80 Amounts to $80 but does not amount to $100 Amounts to $100 but does not amount to $120 Amounts to $120 but does not amount to $140 Amounts to $140 but does not amount to $160 Amounts to $160 but does not amount to $180 Amounts to $180 but does not amount to $200 Amounts to $200

Where the purchase price exceeds $200, the duty shall be $2 plus SOc for every $50 or part of $50, by which the said price exceeds $200.

EXEMPTIONS

Duty $ Nil

0.20 0040 0.60 0.80 1.00 1.20 lAO 1.60 1.80 2.00

Any instalment purchase agreement in which the vendor and the purchaser are persons engaged in the trade or business of selling goods of the same nature or description as the goods referred to in the agreement.

Any credit purchase agreement for the purchase of goods together with-

(i) real property; (ii) any estate or interest in real property;

(iii) in the case of land held from the Crown for a leasehold estate, such leasehold estate or any lesser interest in such land; or

(iv) any business or interest in a business. LEASE or AGREEMENT for a LEASE or any written document for the $

tenancy or occupancy of any land, tenements, or hereditaments, the following duties in respect of the rent at the rate per annum:-

For every $100 and also for every fractional part of $100 .. 0.25 LEASE of any kind not hereinbefore described 1.00

For any transfer or cancellation of any lease, one-half the amount of lease duty originally paid, and conveyance on sale duty on any premium, fine, or other consideration whatsoever paid, other than rent, and also on the consideration paid for or value of the movable chattels included in the transaction.

See also ss. 62-64, 54 (3). As to instruments granting exclusive timber cutting rights, see Goldie v. Comr.

of Stamps (1909), 28 N.Z.L.R. 441; Hyde v. Goldie (1909), 29 N.Z.L.R. 72; Comr. of Taxes v. Kauri Timber Co. (1899), 17 N.Z.L.R. 696.

For English cases, see 39 English and Empire Digest, (Rpl.), p. 335; 23 Halsbury's Laws of England, 3rd ed., p. 454.

MERCANTILE BROKERS' CONTRACTS-For value, for every $100 and also for every fractional part of $

$100 of the value . . . . . . . . .. 0.03 But not to exceed 75c on any such instrument.

MORTGAGE of stock or marketable security, under hand only. [See "Mortgage," etc.]

STAMP ACTS, 1894 TO 1968

MORTGAGE, BOND, DEBENTURE, and COVENANT( 1) Any such security which is-

(a) the only or principal or primary security; or

Sch. 1

(b) collateral, or auxiliary, or additional or substituted security, or security by way of further assurance,

for the payment or repayment of money-not exceeding $100 for every additional $100 and also for any fractional

part of $100 This provision does not apply to--

(a) a fidelity bond issued under "The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961"; or

(b) a security to which provision (2) appearing under this heading applies.

(2) Any such security which is collateral, or auxiliary, or additional or substituted security, or security by way of further assurance, for the payment or repayment of money where the principal or primary security is liable to be and is stamped with the ad valorem duty imposed under

407

Duty $

0.25

0.25

provision (1) appearing under this heading 0.25 (3) Reconveyance, release, or discharge of any such security

as aforesaid, or of the benefit thereof, or of the money thereby secured 0.25

( 4) Provision ( 1 ) appearing under this heading applies subject to this provision.

Where the money to be paid or repaid is secured both on property in Queensland and on property out of Queensland duty shall be payable as prescribed by the said provision (1) in respect of the part amount only of the money which bears the same proportion to the total amount thereof as the value of the property in Queensland bears to the aggregate of the values of both the property in and the property out of Queensland.

Where the money to be paid or repaid is secured wholly on property outside Queensland, duty payable shall be one dollar.

Where the money to be paid or repaid is not secured on property, but has been or will be applied partly in Queensland and partly out of Queensland, duty shall be payable as prescribed by the said provision (1) in respect of the part amount only of the money which the Commissioner is satisfied has been or will be applied in Queensland.

(5) Being a fidelity bond issued under "The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961" 1.00

(6) Where the duty specified by the provisions appearing under this heading has been charged upon any debenture in respect of the issue or any re-issue or renewal of such

408 STAMP DUTIES

debenture for a term of less than one year, such duty shall not be again charged upon such debenture in respect of any subsequent re-issue or renewal thereof, within the period of one year commenced on and including the date of the issue, re-issue or renewal thereof in respect whereof duty was so charged, for a further term of less than one ye_ar.

Vol. 16

EXEMPTIONS

Any instrument to which the provisions appearing under this heading are expressed to apply given or executed for the purpose of carrying out its objects by a society under and within the meaning of "The Co-operative Housing Societies Acts, 1958 to 1964," and so given or executed in respect of-

(a) any advance made or to be made to that society by the Treasurer of Queensland; or

(b) any advance guaranteed by the said Treasurer made or to be made to that society by any bank, friendly society, or approved body.

Any instrument to which the provisions appearing under this heading are expressed to apply given or executed to secure a debt of a religious body.

Any debenture issued in respect of a loan borrowed by Brisbane City Councilor a Local Authority or by any Crown corporation or instrumentality or corporation or instrumentality representing the Crown, or by any corporation or instrumentality created by statute to which the Governor in Council by Order in Council grants this exemption.

Any instrument to which the provisions appearing under this heading are expressed to apply given or executed by a spouse or person engaged to be married in respect of the purchase or the erection of a matrimonial home where the amount or, in the case of two or more such instruments, the aggregate of the sum secured does not exceed ten thousand dollars, and the whole of such sum is payable or repayable in respect of the purchase or erection of the matrimonial home and for no other purpose whatsoever:

Provided that this exemption does not apply-(a) in any case of a matrimonial home situated or to be situated

upon land used in the business of primary production, the area whereof exceeds two and one-half acres, unless the improved value of such land (including such matrimonial home) does not exceed twenty thousand dollars;

(b) in any case other than a case mentioned in paragraph (a) of this proviso, unless the area of the land appurtenant or to be appurtenant to the matrimonial home does not exceed two and one-half acres and the improved value thereof (including such matrimonial home) does not exceed sixteen thousand dollars.

In the case of a matrimonial home which is part of a structure which also contains a shop or a factory or other business premises, this paragraph (b) shall apply as if the whole of such structure were the matrimonial home:

Provided further that this exemption does not apply in any case where any person who is a party to such an instrument or instruments thereby bound to payor repay the amount secured or his or her spouse

STAMP ACTS, 1894 TO 1968 Sch. 1 409

or the person whom he or she is engaged to marry, as the case may be, owns or has any other estate or interest in any other dwelling-house or in any other structure part whereof is a dwelling-house for habitation by a single family unit, whether situated within or without Queensland.

Acts referred to: Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts,

1922 to 1961, title AUCTIONEERS, ETC., Vol. 1, p. 588. Co-operative Housing Societies Acts, 1958 to 1967, title SOCIETIES,

p. 113, ante. As to mortgages and securities, see ss. 44, 51 (4), 65-69. As to bonds, see also the item "Bond" in this Schedule, supra. As to when a

bond will fall under this item and when it will be dutiable as a "Bond .... not otherwise charged nor expressly exempted", see Comrs. of Stamps v. Bank of New South Wales, [1909] St. R. Qd. 249; [1909] Q.W.N. 40.

Duty is not chargeable on interest, whether simple or compound, Comrs. of Stamps v. Bank of New South Wales, mpra; but duty in respect of capitilized interest becomes payable when the security is sought to be enforced, ibid.

There is no discharge of a mortgage where a vendor of the equity of redemption is released from part of his liability under the mortgage in consideration of the purchaser undertaking such part, Re Hazell to White (1913), 9 Tas. L.R. 64.

As to duty on re-issued debentures, see Companies Acts, 1961 to 1964, s. 73 (5), title COMPANIES, Vol. 2, p. 121.

The duty on securities given by primary producers' co-operative associations may be denoted by adhesive s:amps, Primary Producers' Co-operative Associations Acts, 1923 to 1965, s. 28 (6), title PRIMARY PRODUCE, Vol. 13, p. 752.

POLICIES OF LIFE INSURANCE-When the sum insured exceeds $100 but does not exceed $200 Exceeds $200 but does not exceed $2,000 for every full sum of

$100 and also for every fractional part of $100 of the amount insured

Exceeds $2.000-For the first $2,000 thereof at the rate prescribed for a policy not exceeding $2,000, and for every $100 or fractional part thereof exceeding $2,000

Provided that the duty payable on a temporary or term assurance policy shall be five dollars per centum of the first year's premium.

EXEMPTION Life policies not exceeding $100.

Duty $

0.10

0.05

0.10

See also ss. 2, 46 et seq. This Act applies to policies is!tued by the State Government Insurance Office. See State Government Insurance Office (Queensland) Act 1960-1970, s. 17, title INSURANCE, Vol. 7, p. 805.

POLICIES OF INSURANCE other than Policies of Life AssurancePolicies of Accident Insurance issued under "The Workers: Compensation Acts, 1916 to 1965"-

( 1) Certificate or policy of insurance for accidental bodily injury (fatal or non-fatal) to any person issued under "The Motor Vehicles Insurance Acts, 1936 to 1963," and the regulations thereunder-

$ Upon the first issue and upon every renewal thereof 0.10 (2) Upon every policy of insurance in respect of plate

glass-(i) for any dwelling 0.05

(ii) for other than a dwelling 0.10

410 STAtvlP DUTIES Vol. 16

Duty (3) Tourist and Travellers' Special Policy (other than for $

air travel) for anyone tour where the period of the tour does not exceed seven days 0.03

(4) In respect of any policy of insurance indemnifying the insured against legal liability for accidental bodily injury (fatal or non-fatal) to any person or for damage caused by, through or in connection with a motor cycle or caravan trailer or trailer or power boat or television installation or public risk-

Duty shall be chargeable as prescribed by provision (8) appearing under this heading, but such duty shall not exceed two dollars.

(5) In respect of marine open policies under which declarations are made-

For each $100 or part of $100 of the total amount insured 0.02-!-

(6) In respect of every policy of insurance relating to any motor vehicle (other than a motor cycle) or indemnifying the insured against legal liability for accidental bodily injury (fatal or non-fatal) to any person or for damage caused by, through or in connection with a motor vehicle (other than a motor cycle)-

(a) upon every policy and every renewal of a policy of insurance for a term of one year or less-

For each motor vehicle in respect of which the policy is issued 0.45

(b) upon every policy and every renewal of a policy of insurance for a term of more than one year-In respect of each year and also of any fractional

part of a year in such term for each motor vehicle in respect of which the policy is issued 0.45

(7) Policies of reinsurance by one insurer with another insurer 0.10

(8) In respect of all other policies-(a) upon every policy and every renewal of a policy of

insurance for a term of one year or less-For every $100 or fractional part of $100 of the

total amount insured .. 0.021 (b) upon every policy and every renewal of a policy of

insurance for a term of more than one year-In respect of each year and also of any fractional

part of a year in such term for every $100 or fractional part of $100 of the total amount insured 0.02t

Provided that-(a) In the case of a houseowners and householders

policy where the insurer certifies that no separate premium is charged in respect of an indemnity

STAMP ACTS, 1894 TO 1968 Sch.l

against legal liability for third party damage to person or property which does not exceed $2,000, no duty shall be charged in respect of that indemnity.

(b) In respect of any policy of fire insurance, the duty on the first issue or on any renewal or continuance of the policy, and in respect of any policy of accident insurance, the duty on any renewal or continuance of the policy may be paid and denoted in the manner prescribed by regulations under this Act.

(c) The duty upon-(i) A marine insurance policy issued in Queens

land; and

Oi) A plate glass policy; and

(iii) A tourist and travellers' policy, may be denoted by adhesive stamps.

(d) In the case of any policy to which provision (8) appearing under this heading applies which, in any period of one year, is renewed more frequently than once at regularly recurring intervals of time, duty shall not be charged in respect of any renewal thereof effected within one year after the first issue or after any renewal on which duty shall have been paid.

(e) Where there is included in or annexed to any policy of life assurance any provision for the payment of an additional capital sum on the death by accident of the assured or in the event of his suffering some disablement-

(i) Where the premium payable in respect of the life assurance and that payable in respect of the said provision arc separately stated in the policy; or

(ii) Where the premium stated in the policy is payable in respect of the life insurance and the said provision, but the insurer endorses on the policy the part of that premium actuarily attributable to that provision,

the duty payable annually in respect of that provision shall not exceed five per centum of the annual premium or part premium or of the annual aggregate of other periodical premiums or part premiums payable in respect of that provision.

(f) The duty upon a policy in respect of a television installation which does not cover any property or risk, other than the television installation and the legal liability of the insured for accidental bodily injury (fatal or non-fatal) to any person or for

411


damage caused by, through or in connection with the television installation, shall be twenty-tlve cents.

(g) In respect of any policy of insurance chargeable with duty under provision ( 4 ) , (5) , or ( 8) appearing under this heading, the duty payable on the first issue and every renewal shall not exceed-

(i) (in the case of a policy specified in paragraph (d) of this proviso) 20 per centum of the net premium which assessed proportionately would have been payable if such policy had been issued or renewed for a period of twelve months; and

(ii) (in the case of any other policy) 20 per centum of the net premium payable in respect of the issue or renewal in question,

and the duty shall where necessary be reduced and payable accordingly:

In this paragraph "net premium" means that amount assessed as payable after deducting from the premium otherwise payable all rebates, bonuses and profit distributions made by the insurer.

(h) In respect of any policy of insurance chargeable with duty under provision (5) or (8) appearing under this heading, where the total duty calculated thereon includes a fraction of a cent, then the total duty payable shall be increased by an amount equal to the difference between that fractional part of the cent and one cent.

(i) In respect of any policy of insurance insuring the insured against any loss in respect of a loan made, or proposed to be made, by the insured to finance the purchase or erection of a residential building and secured or to be secured by a first mortgage over the building in question the duty payable shall be five per centum of the total premium.

In this paragraph the expression "residential building" means a dwelling house, a home unit or a building for human habitation comprising home units, two or more flats, or a double unit dwelling house or other multiple dwelling but does not include a hotel, motel, boarding house, lodging house, or building containing business premises.

Acts referred to: Workers' Compensation Acts, 1916 to 1966, title LABOUR, Vol. 8,

p.757. Motor Vehicles Insurance Act 1936-1969, title TRAFFIC.

See also SS. 2, 46 et seq. This Act applies to policies issued by the State Government Insurance Office. See State Government Insurance Office (Queensland) Act 1960-1970, s. 17, title INSURANCE, Vol. 7, p. 805.

STAMP ACTS, 1894 TO 1968 Sch,l 413

POLICIES OF ACCIDENT INSURANCE under ''The Workers' Compensation Acts, 1916 to 1965"-

On every return of premiums charged made pursuant to section 47B of this Act-

Duty For every $100, or part of $100, of the aggregate of the $

premiums charged 3.00 Act referred to:

Workers' Compensation Acts, 1916 to 1966, title LABOUR, Vol. 8, p.757.

POWER or LETTER of ATTORNEY or AUTHORITY or other instrument in the nature thereof-

( 1) Engagement or appointment under "The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961"-

Where the value of the property exceeds $200 for every $ $1,000 and also for every fractional part of $1,000 0.03

But such duty shall not exceed $1.50.

(2) For the receipt of the dividends or interest of any stock of any British, foreign, or colonial company, corporation, or society-

Where made for the receipt of one payment only 0.10 In any other case 0.50

(3) An appointment in writing by an applicant for a selection under "The Land Acts, 1962 to 1965," of an agent to act for such applicant in connection with such application-

For any such appointment in respect of each application 0.10

(4) An appointment in writing of a registered bailiff under and for the purposes of the said lastmentioned Act 0.10

The duties under paragraphs (1), (2), (3), and (4) may be denoted by an adhesive stamp.

(5) Of any kind whatsoever not hereinbefore described, or of any duplicate thereof .. 1.00

EXEMPTIONS An appointment in writing for the sale purpose of appointing or

authorizing a proxy to vote at anyone meeting at which votes may be given by proxy.

A letter of authority which merely authorizes some person to receive wages or salary on behalf of the person giving the authority.

Order, request, or direction, under hand only, from the proprietor of any stock or shares to any corporation, or to any officer of any corporation, or to any banker, to pay the dividends or interest arising from the stock or shares to any person therein named.

Acts referred to: Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts,

1922 to 1961. title AUCTIONEERS, ETC., Vol. 1, p. 588. Land Act 1962-1970, title LAND, Vol. 9, p. 113.

As to engagements under Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961, see s. 23 of that Act, title AUCTIONEERS, ETC., Vol. 1, p. 612.

414 STAMP DUTlES Vol. 16

As to appointments of agents and bailiffs under Land Act 1962-1970, see ibid., ss. 5 (,"registered bailiff"), 96, 115, title LAND, Vol. 9.

See abo Sergeant on Stamp Duties, 4th ed., p. 142.

PROMISSORY NOTE.

lSee "Bill of Exchange," ss. 70, 71]

REcEIPT-Given for or on the payment of money-Exceeding $20, for every $100 or fractional part thereof

EXEMPTlO!'.'S

Duty $

0.02

Receipts given for or upon the payment of money to the use of Her Majesty.

Receipts endorsed upon any instrument duly stamped with ad valorem duty under this Act acknowledging the receipt of the consideration money therein expressed.

Receipt or acknowledgment given for money deposited in any bank to be accounted for:

Provided that this exemption shall not extend to acknowledgments for any sum carried to the credit of any depositor or shareholder in any bank on any division of profits made by such bank, or for or in respect of any dividend from any bank or joint stock or other company on the same being deposited by any person to the credit of any other person in any bank, or for or in respect of any sum paid to the credit of any person in any bank for rent or interest by any other person, or for or in respect of any sum deposited, the receipt for which would be liable to duty if such sum were paid directly by any person to any other person.

All receipts for money withdrawn by depositors from savings banks.

Any cash sale docket-that is to say, a document issued or tendered to a purchaser of goods for cash paid over the counter by a salesman in any retail establishment immediately on the occasion of such purchase denoting the description of the goods purchased and the retail price thereof or amount then paid in cash therefor, but does not acknowledge the receipt of the money.

Duplicate receipt or additional receipt given after the original has been duly stamped and bearing the words across such receipt "original duly stamped" or "original stamped".

Receipts given for contributions to charitable institutions or religious bodies or for gifts of charity by any such institution or body.

Receipts given for wages or salary where the total sum of such wages or salary, if received for a year, would not exceed $3,000-any Act to the contrary notwithstanding.

Receipt given by any institution in Queensland engaged in the education of students in primary or secondary schools, or by the University of Queensland, or any constituent college thereof, or by any rural training school for any payment made to it for or in respect of a student whether for tuition, board and lodging, or sporting or other activities whatsoever.

STAMP ACTS, 1894 TO 1968 St:h. 1 415

Receipt given by any religious institution in Queensland or by any non-profit organisation in Queensland (approved by the Treasurer for the purpose of this exemption) engaged in the conduct of any hostel for the care of students attending any primary or secondary school for any payment made to it for or in respect of a student whether for tuition, board and lodging, or sporting, or other activities whatsoever.

Receipt given by any religious body, including the trustees of any religious body, for or upon any payment made to it or them.

Receipt given in respect of a settlement of accounts betwe~n brokers at a clearing-house established and maintained by a recognised stock exchange.

Receipt given in Queensland for the payment of money by a person resident or carrying on business in another State or Territory of the Commonwealth where that receipt is charged with stamp duty under a law of that other State or Territory.

See also ss. 70-72, 26, and notes thereto. As to liability to duty of a receipt given by an officer of the Commonwealth

for his salary, see D'Emden v. Pedder (1904), 1 C.L.R. 91; Amalgamated Society Of Engineers v. Adelaide Steamship Co. Ltd. (1920), 28 C.L.R. 129, at pp. 145, 154, 156.

Semble, money received in part payment of a debt is not money deposited to be accounted for within the third exemption, Comrs. of Stamps v. City and Suburban BlIilding Soc., [19141 St. R. Qd. 1; [1914] Q.W.N. 10.

In that case it was held that the building society in question was not a bank for purposes of the third exemption. As to whether a building society can ever be a "bank", see ibid. Receipts for subscriptions or contributions made to the funds of .a ,registere.d .building society by members in respect of their shares are exempt, BuIldIng SocIetIes Acts, 1886 to 196H, s. 33, title SOCIETIES. p. 44, ante. Certain receipts issued to and by friendly societies are exempt, Friendly Societies Acts, 1913 to 1965, s. 27, title SOCIETIES, p. 179, aille.

RELEASE or RENUNCIATION of any property, or any right or interest in any property-

Upon a sale. [See "Conveyance on Sale"]

By way of security. [See "Mortgage," etc.]

In any other case

Renunciation of a right to take up shares in any company, corporation or society, whether such renunciation is in favour of any other person or not,-[See "Conveyance or Transfer"]

REQUEST under the provisions of the REAL PROPERTY ACTSFor the registration or entering of transmission For the registration or entering of record of death Of any other kind not otherwise stamped

Act referred to:

Duty $

1.00

1.00 1.00 0.25

Real Property Acts, 1861 to 1963, title REAL PROPERTY, Vol. 14, p.633.

SETTLEMENT, DEED OF GIFT, or VOLUNTARY CONVEYANCE (not being the appointment merely of a new trustee) of any property containing any trust, or any DECLARATION OF


TRUST having the effect of such settlement, deed, or conveyance, ad valorem duty as hereunder on the amount or value of such property [ss. 59, 60, 61]-

Rate per

Amount of Value

Not exceeding $2,000

Centum of Duty

Exceeding $2,000 but not exceeding $4,000 Exceeding $4,000 but not exceeding $6,000 Exceeding $6,000 but not exceeding $8,000 Exceeding $8,000 but not exceeding $10,000 Exceeding $10,000 but not exceeding $12,000 Exceeding $12,000 but not exceeding $14,000 Exceeding $14,000 but not exceeding $16,000 Exceeding $16,000 but not exceeding $18,000 Exceeding $18,000

Provided that in any case where the total duty calculated under the provisions of this heading includes a fraction of a cent, then the total duty payable shall be increased by an amount equal to the difference between that fractional part of a cent and one cent.

t 1 It 2 2t 3 31 4 41 5

"Settlement" and "deed of gift" are defined by s. 2. See notes to that section. As to settlements, see also ss. 59-61.

The duty on a settlement is calculated on the value of the property settled, not necessarily the value of the whole of the property comprised in the instrument. Carmichael v. Comr. of Stamp Dllties (1926), 38 C.L.R. 465, affirming Carter v. Comr. of Stamp DUlies, [1926] 5t. R. Qd. 117; [1926] Q.W.N. 20. See also as to the dutiable value, Spensley v. Collector of Imposts (1898), 24 V.L.R. 53; Re Twopenny (1899), 24 V.L.R. 596 (policies settled dutiable at surrender value, not face value). A settlement was held to be merely of an equity of redemption in substance notwithstanding release of the mortgage to the settlor and execution of a new mortgage by the trustees, McAlary v. Comr. of Stamp Duties (1917), 17 S.R.(N.S.W.) 552. As to the extent of the property settled where an annuity is charged on capital and where a right to have a fund set apart out of capital is relinquished, see Queensland Trustees Ltd. v. Comr. of Stamp Duties, [1938] St. R. Qd. 208, which, however, does not appear to be a binding authority on this point, Tasmania v. Victoria (1934), 52 C.L.R. 157, at p. 183. In valuing Crown leases allowance must be made for rents due and to become due to the Crown, Re Lang (1899), 24 V.L.R. 807.

As to voluntary conveyances, see also ss. 51A, 51B. As to declarations of trust, see also the item "Declaration of Trust" in this

Schedule, allIe.

An instrument on which gift duty has been paid is only liable to one dollar duty as a deed of gift, Gift Duty Act 1926-1969, s. 10 (l), title GIFT DUTY, Vol. 6, p. 460.

SHARE CERTIFICATE or OTHER DOCUMENT-

( 1) Entitling any person to or to become the proprietor of any share or part of any share in any company or proposed company in Queensland.

(2) Issued or delivered in Queensland and entitling any person to or to become the proprietor of any share in any company or proposed company registered or proposed to be registered or established at some place outside Queensland.

STAMP ACTS, 1894 TO 1968

Where the number of shares in the InstrumentDoes not exceed 100 .. Exceeds 100, but does not exceed 1,000 Exceeds 1,000

See also s. 34.

SECOND SCHEDULE This Schedule listed Acts repealed by this Act.

THIRD SCHEDULE

Schs.1-3 417

Duty $

0.05 0.10 0.50

Decimal curreocy references substituted pursuant to section 7 of Decimal Currency Act of 1965,

[See s. 58]

I, A.B., make oath that to the best of my knowledge and belief the average amount of the Promissory Notes payable to the bearer on demand (commonly called "Bank Notes") of the above bank in circulation which were in circulation before the day of , one thousand eight hundred and ninety-four, for the quarter from the to the , one thousand eight hundred and , is

dollars, cents. And that the above bank has [or has not] issued or circulated Bank Notes since the

day of , one thousand eight hundred and ninety-four, and that the average amount of such lastmentioned notes in circulation for the quarter from the to the , one thousand eight hundred and , is dollars,

cents. [Signed] A.B.

Sworn before me at , this day of 18

C.D., Justice of the Peace.

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