An agreement described as an agency for sale of trading stock will be treated as a sale for stamp duty purposes where the 'agent' bears the risk, pays a fixed sum irrespective of actual sales, has unrestricted dominion over the stock, and the 'principal' has no right to demand return of the goods. Even where the agreement is not characterised as a sale, property in trading stock passes to the recipient when the stock becomes mixed with and indistinguishable from the recipient's own stock. The Commissioner may amend a Form S(a) and reassess duty under ss 22A and 80 after the original assessment.
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