Duties Act 2001

If an instrument that is not properly stamped comes into the commissioner’s possession, other than in the circumstances mentioned in subsection (2), the commissioner must keep the instrument until any duty, assessed interest and penalty tax on the instrument or transaction is paid.

Subsection (3) applies if—

a person lodges an instrument for a decision by the commissioner as to whether the instrument, or transaction to which it relates, is imposed with duty; and

the commissioner decides the instrument or transaction is not imposed with duty.

The commissioner must keep the instrument until the fee prescribed under a regulation is paid.

However, the commissioner may waive payment of the fee if the commissioner considers it is appropriate having regard to the type of instrument and the circumstances in which the instrument was lodged.