Stamp Duties Regulations 2013

These regulations may be cited as the

Stamp Duties

Regulations 2013.

In these regulations—

Act means the Stamp Duties

Act 1923.

An interest in a unit trust scheme listed on a recognised financial market is brought within the ambit of the definition of financial product in section 2 of the Act.

The following financial markets are brought within the ambit of the definition of recognised financial market in section 2 of the Act:

financial markets operated by the National Stock Exchange of

Australia Limited;

financial markets operated by stock exchanges that are members of the World Federation of Exchanges;

financial markets operated by the Asia Pacific Exchange

Limited;

financial markets operated by NZX Limited.

Unless the Commissioner otherwise determines, a person requiring an impressed stamp must—

lodge with the Commissioner the instrument or other material to be stamped together with a requisition to the Commissioner; and

pay in advance to the Commissioner the value of the stamp to be impressed.

The Commissioner may determine the manner in which the value of a stamp must be paid.

For the purposes of section 106 of the Act, an application for allowance for spoiled or unused stamps must be made in a form approved by the Commissioner and be accompanied by a statutory declaration setting out such information as the Commissioner may reasonably require to determine the application.

Subject to subregulation (2), on the grant of an application under regulation 7, the Commissioner must—

pay the amount allowed to the person entitled to the allowance;

or

give other stamps to the equivalent value to the allowance in lieu of payment.

The minimum amount which will be paid or given as stamps in lieu of payment under this regulation is $4.

After the grant of an application for allowance for any spoiled or unused stamp or stamped material, the Commissioner must—

cancel and retain or destroy the stamp or stamped material;

or

at his or her discretion, in the case of a spoiled stamp affixed to an instrument, cancel or remove the spoiled stamp and return the instrument to the applicant.

If the Commissioner refuses to grant an application for allowance for spoiled stamps or stamped material, the spoiled stamp or material on which it is affixed or impressed must be marked with the word "Disallowed" and the date on which it is disallowed, and be returned to the applicant.

Pursuant to section 42E of the Act, an application to register a motor vehicle that is a heavy vehicle is exempt from the component of duty payable in respect of registration under Schedule 2 clause 2(1) of the Act if—

the vehicle is, immediately before the date on which the application is made, registered in the name of the applicant (and not in the name of any other person) under the Interstate Road Transport Act 1985 of the

Commonwealth (the Commonwealth Act); and

the registration of the vehicle under the Commonwealth Act expires during the period commencing on 1 July 2018 and ending on 30 June

2019.

In this regulation—

heavy vehicle has the same meaning as in the

Heavy Vehicle National Law (South

Australia).

Pursuant to section 42E of the Act, the following exemptions do not apply to an application relating to an electric vehicle in respect of which the registration fee is remitted in accordance with regulation 90(3a) of the Motor Vehicles

Regulations 2010:

exemption number 3 in Schedule 2 clause 2(2) of the Act;

exemption number 1 in Schedule 2 clause 2(4) of the Act.

In this regulation—

electric vehicle has the same meaning as in regulation 90(3a) of the Motor Vehicles

Regulations 2010.

For the purposes of section 67(2)(d) of the Act, an instrument is excluded from the operation of section 67 of the Act if—

it is 1 of a series of separate conveyances under which rights or interests in a hotel, motel, resort or managed apartment complex are conveyed in separate parcels to different persons, each of whom is or becomes a member of the same managed investment scheme; and

the Commissioner is satisfied that, apart from any arrangement or understanding entered into for the purposes of the managed investment scheme, no arrangement or understanding exists between the members under which the parcels of property conveyed are to be used otherwise than separately and independently from each other.

In this regulation—

managed investment scheme and

member of a managed investment scheme have the same respective meanings as in the Corporations

Act 2001 of the

Commonwealth.