Western Australia: Stamp Act 1921 (WA)

Western Australia Stamp Act 1921 Western Australia Stamp Act 1921 Contents Part I — Preliminary 1. Short title and commencement 1 2. Expiry of Act 1 4. Terms used in this Act M, MC 1 4A. Treatment of amounts payable for GST 1 Part II — Conditional contracts (interpretation) 6. Meaning of "eligible conditional contract" 1 7. Persons who are "related" for the purposes of this Part 1 8. Meaning of "general conditional contract" 1 9. Meaning of "farming land conditional contract" 1 10. Meaning of "off‑the‑plan conditional contract" 1 11. Meaning of "mining tenement conditional contract" 1 12. Meaning of "subdivision conditional contract" 1 13. When a conditional contract becomes unconditional 1 14. Termination of conditional contracts on relevant grounds 1 Part III — General provisions 16. Charge of duties on instruments MC 1 17. Liability to pay duty 1 17A. Time for payment of duty 1 17AA. Time for payment on certain conditional contracts 1 17B. Requirement to lodge instrument 1 17BA. Time for lodging certain conditional contracts 1 17C. Instrument to be endorsed when duty paid etc. 1 18. How instruments to be written 1 19. Instruments to be separately charged with duty in certain cases 1 20. Reduction of duty if matter not carried into effect 1 26. Facts and circumstances affecting duty to be set forth in instrument MC 1 27. Instruments not stamped inadmissible except in criminal proceedings 1 28. No instrument to be registered etc. unless stamped 1 29. Production of instruments as evidence 1 30. Secondary evidence 1 31. Stamped instruments as evidence 1 31B. Payment of duty on statements in absence of dutiable instrument 1 31C. Preparation of dutiable statement about voluntary transfers under the Financial Sector (Transfers of Business) Act 1999 of the Commonwealth 1 33. Valuation of land or other property 1 34. Duplicates and counterparts 1 35. Unlodged transfers — independent person's obligations 1 36. Mode of calculating ad valorem duty in certain cases 1 38. Instruments held in escrow 1 39. Determining whether securities are situated in Western Australia 1 40. Valuing a marketable security or right in respect of shares 1 Part IIIB — Conveyances and transfers 63. Terms used in this Part 1 63AA. Registered unit trust schemes 1 63AB. Criteria for registration of a unit trust scheme 1 63AC. Interim registration 1 63AD. Cancellation of registration or interim registration 1 63ADA. Registration of private unit trust scheme as provisional public trust 1 63ADB. Cancellation of registration of provisional public trust 1 63AE. Dutiable statement about disqualifying event and subsequent transfers or dispositions 1 63AF. Duty chargeable on the dutiable statement 1 63AG. When unit trust scheme becomes private unit trust scheme 1 63AH. Liability for duty on aggregated dispositions 1 63AI. Interstate security duty 1 63AJ. Dutiable statement to be lodged 1 63A. Duty on certain decrees and orders 1 64. How ad valorem duty to be calculated in respect of stock and securities 1 65. How ad valorem duty to be calculated in respect of securities and periodical payments 1 66. How conveyances in consideration of a debt or subject to future payment etc. to be charged 1 67. Duty where conveyance is partly in consideration of improvements made or to be made on property 1 69. Conveyance duty in cases where conveyance made at request or by direction of intermediary 1 70. Certain transfers of chattels dutiable 1 71. Duty charged for 2 or more instruments of conveyance 1 72. Transfer or assignment of mortgages for value 1 73. As to conveyances on any occasion except sale or mortgage 1 73A. Conveyance subject to an option 1 73AA. Duty on conveyance not passing a beneficial interest 1 73AB. Duty on conveyance to correct error 1 73B. Conveyance agreement subject to unilateral determination 1 73C. Option to purchase with right to renew 1 73CA. Effect of Duties Act 2008 on sections 73D, 73DAA, 73DE and 73E 1 73D. Disposition of units in unit trust schemes 1 73DAA. Dutiable statement required if transfer or instrument not lodged 1 73DA. Holdings of majority interest unit trustee 1 73DB. Terms used in sections 73DC, 73DD and 73DE 1 73DC. Acquisition of majority interest or further interest in pooled investment trust 1 73DD. Meaning of "majority interest" and "further interest" 1 73DE. Dutiable statement to be lodged 1 73E. Disposition of shares in discretionary trustee companies 1 73F. Acquisition of a licence to carry on a business activity 1 73G. Farm‑in agreements relating to mining tenements 1 74. Certain contracts to be chargeable as conveyances on sale 1 74A. Duty chargeable on certain conveyances of corporation property 1 74B. Transactions involving a call option and a put option 1 74C. Acquisition of certain business assets 1 75. Duty chargeable on conveyance for less than full consideration 1 75A. Power to exempt instruments made for charitable or similar purposes 1 75AB. Power to exempt instruments made in respect of certain funds or schemes 1 75ABA. Power to exempt transfers by bankruptcy trustee to bankrupt 1 75AC. Exchange of property 1 75AD. Duty chargeable on partition of property 1 75AE. Concessional rates for certain residential or business property 1 75AF. Computation of duty for 2 or more instruments 1 75AG. Reduction of duty or refund for first home owner 1 75AH. Further transfer to person who was first home owner 1 75C. Power to exempt for certain conveyances between spouses 1 75CA. Refund where contingent consideration is not paid 1 Part IIIBAA — Certain transfers of farming property 75D. Terms used in this Part 1 75E. Application of this Part 1 75F. Power to exempt for farming property 1 75G. Partial exemption of duty 1 75H. Application for exemption 1 75HA. Subsequent liability for duty in certain circumstances 1 75I. Part IIIBA companies 1 Part IIIBAAA — Exemptions for corporate reconstructions 75J. Terms used in this Part 1 75JAA. When a body corporate is dormant 1 75JA. Corporate reconstructions: exemptions 1 75JB. Corporate reorganisations: exemption from duty on conveyances between associated bodies corporate 1 75JBA. Operation of claw‑back: application for pre‑determination in certain cases 1 75JC. Corporate reorganisations: application for pre‑determination 1 75JD. Corporate reorganisations: application for exemption 1 75JDA. Exemption may be withheld in certain cases 1 75JE. Claw‑back (instruments) 1 75JF. Claw‑back (Part IIIBA statements) 1 75JG. Offences and recovery of duty etc. 1 75JH. Revoking an exemption 1 Part IIIBA — Duty on change of control of certain land‑owning corporations Division 1 — Provisions applicable to this Part 75K. Effect of Duties Act 2008 on this Part 1 76. Terms used in this Part 1 76A. Relevant acquisitions by trustees 1 76AA. Assessment in the absence of a dutiable statement 1 76AB. Request that Commissioner determine whether dutiable statement is required to be lodged 1 Division 2 — Companies taken to be registered in Western Australia 76AG. Preparation of dutiable statement 1 76AH. Statement chargeable with duty 1 76AI. Companies to which this Division applies 1 76AJ. Meaning of "relevant acquisition" 1 76AK. Meaning of "interest", "majority interest" and "further interest" 1 76AL. How dutiable value is determined 1 76AM. Liability for duty 1 Division 3 — Corporations incorporated, or taken to be registered, outside Western Australia, and certain other companies not within Division 2 76AN. Preparation of dutiable statement 1 76AO. Statement chargeable with duty 1 76AP. Corporations to which this Division applies 1 76AQ. Meaning of "relevant acquisition" 1 76AR. Meaning of "interest", "majority interest" and "further interest" 1 76AS. How dutiable value is determined 1 Division 3a — Listed companies taken to be registered in Western Australia 76AT. Preparation of dutiable statement 1 76ATA. Statement chargeable with duty 1 76ATB. Meaning of "listed land‑holder WA company" 1 76ATC. Meaning of "relevant acquisition" 1 76ATD. Meaning of "interest", "controlling interest" and "additional interest" 1 76ATE. How dutiable value is determined 1 76ATF. Liability for duty 1 Division 3b — Listed corporations incorporated, or taken to be registered, outside Western Australia, and certain other companies not within Division 3a 76ATG. Preparation of dutiable statement 1 76ATH. Statement chargeable with duty 1 76ATI. Meaning of "listed land‑holder corporation" 1 76ATJ. Meaning of "relevant acquisition" 1 76ATK. Meaning of "interest", "controlling interest" and "additional interest" 1 76ATL. How dutiable value is determined 1 Division 4 — Reassessment of liability for duty 76AU. Reassessment where deeming provision applied 1 Division 5 — Avoidance of duty 76AV. Commissioner may determine that an obligation to lodge a statement has been avoided 1 76AW. Liability to pay duty that has been avoided 1 76AX. Reasons for determination that duty has been avoided 1 Part IIIC — Vehicle licences 76AY. Effect of Duties Act 2008 on this Part 1 76B. Terms used in this Part 1 76C. Non‑beneficial change of ownership 1 76D. Duty on the grant or transfer of a vehicle licence 1 76E. Determination of value and assessment of duty 1 76F. Payment of duty 1 76G. Applicant's statement of value in application 1 76H. Seller's obligation to notify purchase price 1 76I. Use of dealer registered vehicle for other purposes 1 76J. Use of specialised equipment on another vehicle 1 76K. Failure to apply for transfer of licence 1 76L. Powers of Director General and Commissioner 1 76M. Duty to be remitted to Commissioner 1 76N. Records 1 Part IIID — Leases 77. Agreement for any lease to be charged as a lease 1 77A. Offer to lease 1 78. Leases: how to be charged in respect of produce etc. 1 79. Directions as to duty in certain cases 1 80A. Power to exempt instruments made for charitable or similar purposes 1 Part IIIE — Mortgage duty Division 1 — Interpretation for this Part 81. Terms used in this Part M, MC 1 82. Meaning of "mortgage" 1 83. Meaning of "advance" 1 84. Meaning of "loan" 1 85. Meaning of "home mortgage" 1 Division 2 — Liability for mortgage duty 85A. Mortgage duty abolished from 1 July 2008 1 86. Assessing mortgage duty 1 86A. Exemption — refinancing home loans 1 86B. Exemption — refinancing small business loans 1 87. Liability dates 1 88. Stamping before advance 1 Division 3 — Amount secured by a mortgage 89. The secured amount 1 90. Contingent liabilities 1 91. Mortgage over property partly outside WA 1 91A. Mortgage packages 1 91B. Collateral mortgages 1 91C. Extent to which mortgage can be enforced 1 91D. Use of stamped and collateral mortgages as security 1 91E. Multi‑jurisdictional statement 1 91F. Exemptions for charitable or public purposes 1 Part IIIF — Insurance Division 1 — Interpretation in Part IIIF and connection to the State 91G. Effect of Duties Act 2008 on this Part 1 92. Terms used in this Part 1 92A. Meaning of "general insurance" and connection to the State 1 92B. Additional insurance — life riders 1 92C. Payment of premiums 1 Division 2 — Registration of insurers 93. Insurers to be registered 1 93A. Registration of insurers 1 93B. Cancelling registration of insurers 1 Division 3 — Duty payable by insurers 94. Lodging returns and paying duty 1 94A. Calculating the amount of duty payable on a return 1 94B. Return period of an insurer 1 Division 4 — Duty payable by insured persons 95. Meaning of "Division 4 insurer" 1 95A. Insured person to lodge statement and pay duty 1 95B. Insurer and intermediary to notify Commissioner of contracts of insurance 1 Division 5 — General provisions 96. Apportionment of premiums and instalments 1 96A. Refunds 1 96B. Records 1 Part IVB — Hire of goods Division 1A — Abolition of duty 112. Hire of goods duty abolished from 1 January 2007 1 Division 1 — Interpretation in Part IVB 112I. Meaning of "commercial hire business" 1 112IA. Meaning of "goods" 1 112IB. Meaning of "hire of goods" 1 112IC. Meaning of "State hire of goods" 1 112ID. Meaning of "equipment financing arrangement" and "hire purchase agreement" 1 112IE. Meaning of "hiring charges" 1 112IF. Terms used in this Part 1 Division 2 — Registration of commercial hire businesses 112J. Commercial hire businesses to be registered 1 112JA. Registration of commercial hire businesses 1 112JB. Cancelling registration of commercial hire businesses 1 Division 3 — Connection to the State 112K. Connection to the State — hire of goods and persons to which this Part applies 1 Division 4 — Commercial hire businesses 112L. Lodging returns and paying duty 1 112LA. Calculating the assessable amount for a return period 1 112LB. Calculating the amount of duty payable on a return 1 112LC. Return period for a commercial hire business 1 112LD. Annual reconciliation 1 Division 5 — Persons other than commercial hire businesses 112M. Statement of transaction 1 112MA. Lodging statements and paying duty 1 112MB. Method of calculating total hiring charges if they are not readily ascertainable 1 Division 6 — General provisions 112N. Credit for duty paid in another Australian jurisdiction 1 112NA. Splitting or redirecting hiring charges — anti‑avoidance provision 1 112NB. Ascertainment and disclosure of place of use of goods 1 112NC. Records 1 Part IVC — Exemptions in relation to aged or disabled persons 112Q. Certain residential agreements with charitable bodies exempt 1 112R. Certain aged care agreements exempt 1 112S. Instruments not required to be lodged 1 Part IVD — Maintenance agreements and orders 112UA. Terms used in this Part 1 112UB. Application of Part IVD 1 112UC. Duty on maintenance agreements and orders 1 112UD. Duty on conveyance or transfer under maintenance agreement or order 1 Part IVE — Managed investment schemes 112UE. Duty on certain instruments for the purpose of managed investment schemes 1 Part V — Miscellaneous 113. Commissioner may impound unstamped documents 1 114. Commissioner may destroy instruments 1 119. Certain exemptions where the State of Western Australia etc. is a party M 1 120. Regulations 1 121. Application of section 1070A of the Corporations Act limited 1 122. Transitional provisions 1 Second Schedule — Duties payable on instruments Third Schedule — Exemptions from duty Schedule 4 — Transitional provisions Division 1 — Provisions for Revenue Laws Amendment Act 2006 1. Application of old Part IVB 1 2. Applications under section 75AH 1 3. Application of Act to certain mortgages and advances 1 4. Application of Act to certain instruments referred to in the Second Schedule item 19 1 Division 2 — Provisions for Revenue Laws Amendment (Taxation) Act 2007 1. Application of Act in relation to certain first home owners 1 2. Application of Act in relation to certain motor vehicles — 1 July 2007 1 4. Reassessments 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Stamp Act 1921 An Act to amend and consolidate the law relating to stamp duties upon instruments and to impose certain stamp duties, and for other relative purposes. Part I — Preliminary 1. Short title and commencement This Act may be cited as the Stamp Act 1921, and shall come into operation on a day to be fixed by proclamation. [2.1M Modification, to insert section 2, to have effect under the Commonwealth Places (Mirror Taxes Administration) Act 1999 s. 7, see Commonwealth Places (Mirror Taxes Administration) Regulations 2007 r. 38 and endnote 1M.] [2.1MC Modification, to insert section 2, to have effect under the Commonwealth Places (Mirror Taxes) Act 1998 (Commonwealth) s. 8, see Commonwealth Places (Mirror Taxes) (Modification of Applied Laws (WA)) Notice 2007 cl. 40 and endnote 1MC.] 2. Expiry of Act (1) This Act expires on a day fixed by proclamation. (2) A proclamation is not to be made under subsection (1) unless, after 1 July 2008, the Commissioner has given the Minister a certificate signed by the Commissioner stating that the operation of this Act is no longer necessary. [Section 2 inserted: No. 12 of 2008 s. 4.] [2A, 3. Deleted: No. 2 of 2003 s. 4.] 4. Terms used in this Act 1M, 1MC (1aa) The Taxation Administration Act 2003 is to be read with this Act as if they formed a single Act. (1ab) The Glossary at the end of the Taxation Administration Act 2003 defines or affects the meaning of some of the words and expressions used in this Act and also affects the operation of other provisions. (1) In this Act, except so far as the context otherwise requires — corporation has the same definition as in section 9 of the Corporations Act; Corporations Act means the Corporations Act 2001 of the Commonwealth; de facto partner of 2 years, in relation to a person, means a person who is living in a de facto relationship with the person and has lived on that basis with the person for at least 2 years; de facto partners of 2 years means 2 de facto partners of 2 years who are living in a de facto relationship with each other; director has the same definition as in section 9 of the Corporations Act; dutiable statement means a statement required to be lodged under section 31B, 31C, 63AE, 63AJ, 73DAA(1), 73DE, 75HA, 76AG, 76AN, 76AT, 76ATG, 77A, or 92A; duty means duty payable under this Act; dwellinghouse includes flat, apartment or other residential unit; eligible conditional contract has the definition it is given in section 6; endorse has a meaning affected by section 17C(7); farming land conditional contract has the definition it is given in section 9; financial institution means — (a) an institution that is a "financial institution" for the purposes of the Cheques Act 1986 of the Commonwealth; or (b) any other person who is, or who is in a class of persons that is, prescribed for the purposes of this definition; financial market has the same definition as in Chapter 7 of the Corporations Act; foreign company has the same definition as in section 9 of the Corporations Act; former de facto partner of 2 years, in relation to a person, means a person who has lived in a de facto relationship with that person for at least 2 years, but no longer lives with that person on that basis; general conditional contract has the definition it is given in section 8(1) as modified by section 8(2); government body means an agent or instrumentality of the State, or an SES organisation as defined in the Public Sector Management Act 1994; GST has the same meaning as it has in the Commonwealth A New Tax System (Goods and Services Tax) Act 1999 except that it includes notional GST of the kind for which payments may be made under the State Entities (Payments) Act 1999 by a person that is a State entity as defined in that Act; instrument does not include a return; interstate duty means duty of a similar nature to the duty payable under this Act that is payable in another State or Territory; local government means a local government, regional local government, regional subsidiary or one of the associations constituted under section 9.58 of the Local Government Act 1995; marketable security means — (a) any stock or share of any corporation or local government or company or society; (b) any debenture, debenture stock, bond, note or other security of a Government or of any corporation or local government or company or society, whether or not constituting a charge on the assets of the Government, local government, corporation, company or society; (c) any right or interest, whether described as a unit or otherwise, of a beneficiary under a unit trust scheme — (i) any of the units of which is quoted on a recognised financial market; or (ii) that is not a private unit trust scheme within the meaning in section 63(2) or that is a unit trust scheme registered under section 63AA(2) or granted interim registration under section 63AC(2) or registered as a provisional public trust under section 63ADA(2); mining tenement conditional contract has the definition it is given in section 11; money includes a bill of exchange, a promissory note and all sums expressed in the currency of Australia or in any other currency; mortgage has the definition it is given in section 82; off‑the‑plan conditional contract has the definition it is given in section 10; Part IIIBA statement means — (a) a section 76AG statement; (b) a section 76AN statement; (c) a section 76AT statement; or (d) a section 76ATG statement; payment includes payment in money or by bill of exchange or promissory note; primary produce contract has the definition it is given in section 9(2); recognised financial market means a financial market prescribed for the purposes of this definition; related, in relation to a general conditional contract, has the definition it is given in section 7; related corporation means a related body corporate (as defined in section 9 of the Corporations Act); right in respect of shares means a security, however described, that is or represents a right, whether actual, prospective or contingent, to be allotted or issued with an unissued marketable security, whether or not any money or other consideration is to be payable for the issue; section 76AG statement means a dutiable statement lodged under section 76AG in relation to which the Commissioner has not made a determination under section 76AG(5a); section 76AN statement means a dutiable statement lodged under section 76AN in relation to which the Commissioner has not made a determination under section 76AN(4a); section 76AT statement means a dutiable statement lodged under section 76AT in relation to which the Commissioner has not made a determination under section 76AT(12); section 76ATG statement means a dutiable statement lodged under section 76ATG in relation to which the Commissioner has not made a determination under section 76ATG(11); stamp, when used as a verb in relation to an instrument, means to endorse the instrument in accordance with section 17C; stamp Act means this Act or the Taxation Administration Act 2003; subdivision conditional contract has the meaning it is given in section 12; supply, in relation to an amount of GST, has the same meaning as it has in the Commonwealth A New Tax System (Goods and Services Tax) Act 1999; surviving de facto partner of 2 years, in relation to a person who has died, means a person who, immediately before the person's death was living in a de facto relationship with that person and had lived with the person on that basis for at least 2 years; terminated on relevant grounds, in relation to a general conditional contract, has the definition it is given in section 14; unconditional, in relation to a general conditional contract, has a meaning affected by section 13; unencumbered value has a meaning affected by section 33; unit, in Parts II and IIIB, has the definition it is given in section 63(1); WA company means a company within the meaning of the Corporations Act that is taken, for the purposes of the Corporations Act, to be registered in Western Australia. (2) Whenever a word or expression is defined in any Part, so that the word or expression bears the defined meaning when used in that Part, the word or expression shall, when used in the Second Schedule or the Third Schedule, be given the same meaning as it bears in that Part unless the context in which it is used in that Schedule otherwise requires. [Section 4 inserted: No. 37 of 1979 s. 4; amended: No. 10 of 1982 s. 28; No. 81 of 1984 s. 3; No. 84 of 1985 s. 3; No. 33 of 1987 s. 5; No. 3 of 1989 s. 4; No. 41 of 1989 s. 4; No. 52 of 1991 s. 7; No. 39 of 1994 s. 15 and 21; No. 14 of 1996 s. 4; No. 48 of 1996 s. 31(1); No. 57 of 1996 s. 4; No. 13 of 1997 s. 21 and 35; No. 22 of 1998 s. 50; No. 53 of 1999 s. 17; No. 10 of 2001 s. 166; No. 36 of 2001 s. 24; No. 2 of 2003 s. 5; No. 21 of 2003 s. 25; No. 28 of 2003 s. 187; No. 66 of 2003 s. 4 and 107(2); No. 11 of 2004 s. 9; No. 12 of 2004 s. 14 and 21; No. 26 of 2016 s. 91.] [Modification, to section 4, to have effect under the Commonwealth Places (Mirror Taxes Administration) Act 1999 s. 7, see Commonwealth Places (Mirror Taxes Administration) Regulations 2007 r. 39 and endnote 1M.] [Modification, to section 4, to have effect under the Commonwealth Places (Mirror Taxes) Act 1998 (Commonwealth) s. 8, see Commonwealth Places (Mirror Taxes) (Modification of Applied Laws (WA)) Notice 2007 cl. 41 and endnote 1MC.] [4AA.1M Modification, to insert section 4AA, to have effect under the Commonwealth Places (Mirror Taxes Administration) Act 1999 s. 7, see Commonwealth Places (Mirror Taxes Administration) Regulations 2007 r. 40 and endnote 1M.] [4AA.1MC Modification, to insert section 4AA, to have effect under the Commonwealth Places (Mirror Taxes) Act 1998 (Commonwealth) s. 8, see Commonwealth Places (Mirror Taxes) (Modification of Applied Laws (WA)) Notice 2007 cl. 42 and endnote 1MC.] 4A. Treatment of amounts payable for GST (1) In ascertaining the value of anything or the consideration for anything, there is to be no discount for the amount of GST (if any) payable on the supply of that thing. (2) A reference in Part IIIC to purchase price means the purchase price without any discount for the amount of GST (if any) payable on the supply of the vehicle. [Section 4A inserted: No. 53 of 1999 s. 33; amended: No. 2 of 2003 s. 6; No. 66 of 2003 s. 5.] [5. Deleted: No. 2 of 2003 s. 7.] Part II — Conditional contracts (interpretation) [Heading inserted: No. 12 of 2004 s. 15.] 6. Meaning of "eligible conditional contract" (1) An eligible conditional contract is a contract for the sale of property where — (a) completion of the contract is conditional on the happening of an event; (b) the parties to the contract do not have control over the happening of the event, except to the extent that they are required under the contract to use their best endeavours to secure the happening of the event; and (c) no other person who is related to a party to the contract has control over the happening of the event. (2) However, none of the following is an eligible conditional contract — (a) a put option and a call option (as defined in section 74B(1)) to which section 74B(6) applies; (b) a contract for the sale of a unit in a unit trust scheme as defined in section 63(1); (c) a contract that is subject to a condition which, in the opinion of the Commissioner, constitutes an arrangement or part of an arrangement to avoid or defer the payment of duty. [Section 6 inserted: No. 12 of 2004 s. 15.] 7. Persons who are "related" for the purposes of this Part (1) For the purposes of sections 6(1)(c), 14(a) and 17BA(3), persons are related if they are — (a) joint owners of property; (b) individuals who are in partnership with each other; (c) participants in the same joint venture; (d) family members; (e) related corporations; (f) a trustee and another trustee if there is any beneficiary common to the trusts of which they are trustees, whether the beneficiary has a vested share or is contingently entitled or may benefit from a discretionary trust; (g) an individual and a corporation, if the individual is a majority shareholder, director or secretary of the corporation or a related corporation; (h) an individual and a trustee, if the individual is a beneficiary under the trust of which the trustee is a trustee, whether the beneficiary has a vested share or is contingently entitled or may benefit from a discretionary trust; (i) a corporation and a trustee, if — (i) the corporation, or a majority shareholder, director or secretary of the corporation, is a beneficiary of the trust of which the trustee is a trustee; or (ii) a related corporation to the corporation is a beneficiary of the trust of which the trustee is a trustee, whether (in either case) the beneficiary has a vested share or is contingently entitled or may benefit from a discretionary trust. (2) For the purposes of subsection (1) — (a) an illegitimate person shall be treated as the legitimate child of that person's parents; (b) it is irrelevant whether a relationship is of the whole or half‑blood, or whether it is a natural relationship or a relationship established by a written law; and (c) a majority shareholder in relation to a corporation is a person who would have a substantial holding in the corporation under the definition of "substantial holding" in section 9 of the Corporations Act even if the reference in that definition to 5% were a reference to 50%. (3) For the purposes of subsection (1)(d), 2 persons are family members if, in relation to one person, the other person is — (a) a child or remoter lineal descendant of the person; (b) a parent or remoter lineal ancestor of the person; (c) a brother or sister of the person or remoter lineal descendant of a brother or sister of the person; (d) an aunt or uncle of the person; (e) the spouse, former spouse, de facto partner or former de facto partner of the person; (f) a family member referred to in paragraph (a), (b), (c) or (d) of a person referred to in paragraph (e); or (g) the spouse or de facto partner of a person referred to in paragraph (a), (b), (c) or (d). [Section 7 inserted: No. 12 of 2004 s. 15; amended: No. 11 of 2005 s. 6.] 8. Meaning of "general conditional contract" (1) A general conditional contract is an eligible conditional contract, completion of which is conditional on the happening of one or more of the following events, as specified in the contract — (a) the obtaining by the purchaser of a satisfactory private taxation ruling by the Commissioner of Taxation of the Commonwealth as to the consequences of the contract with respect to taxation under a law of the Commonwealth; (b) the obtaining to the satisfaction of a purchaser under the contract of funds or of approval to obtain funds to finance the purchase; (c) the obtaining by the purchaser of a satisfactory building inspection, geotechnical or environmental report from a third party in relation to the property to be sold or conveyed under the contract; (d) the obtaining by a vendor of the consent of the Minister responsible for administering the Land Administration Act 1997 to transfer a lease of leasehold land to a purchaser; (e) the authorisation of the payment to the purchaser of a first home owner grant under the First Home Owner Grant Act 2000; (f) the obtaining by the purchaser of a licence to trade or the grant of a franchise; (g) the obtaining by the vendor of a commercial property of the renewal of an existing lease of the property; (h) the obtaining from the landlord of a leasehold business by the vendor of the business of a new lease, or of an assignment of the lease to a purchaser; (i) the sale of another property by the purchaser; (j) the obtaining by the vendor of the registration of a plan of subdivision, or of a strata plan or survey strata plan; (k) the obtaining by the purchaser of approval from a regulatory body; (l) the results of the making of due diligence inquiries by the purchaser where the results are to be measured against objective criteria set out in the contract; (m) the issue of a certificate of title (however described) for the property that is the subject of the contract; (n) a prescribed event. (2) Except in section 20 and for the purposes of the definitions in sections 9, 10, 11 and 12, a reference in this Act to a general conditional contract is to be read as excluding a reference to a farming land conditional contract, an off‑the‑plan conditional contract, a mining tenement conditional contract or a subdivision conditional contract. [Section 8 inserted: No. 12 of 2004 s. 15; amended: No. 29 of 2012 s. 38.] 9. Meaning of "farming land conditional contract" (1) A farming land conditional contract is — (a) a general conditional contract that is solely or principally for the sale of farming land as defined in section 75D(1); or (b) a primary produce contract. (2) A contract is a primary produce contract if — (a) it is solely or principally for the sale of farming land as defined in section 75D(1); and (b) completion of the contract is affected by or subject to an activity that constitutes primary production as defined in section 75D(1). [Section 9 inserted: No. 12 of 2004 s. 15.] 10. Meaning of "off‑the‑plan conditional contract" An off‑the‑plan conditional contract is a general conditional contract that includes provision for — (a) the sale of a strata lot; and (b) the construction on the strata lot, after the contract is executed, of a building for commercial, residential or mixed‑use purposes. [Section 10 inserted: No. 12 of 2004 s. 15.] 11. Meaning of "mining tenement conditional contract" A mining tenement conditional contract is a general conditional contract for the sale of — (a) a mining tenement held under the Mining Act 1978, being a mining tenement within the meaning of that Act or the Mining Act 1904 2; (b) a right under a mining tenement in force under section 5 of the Mining Act 1978; (c) a right of occupancy in force under section 5 of the Mining Act 1978; or (d) a tenement, right or interest that is — (i) similar to a tenement or right described in paragraph (a), (b) or (c); and (ii) held under the law of the Commonwealth or of another State or a Territory, or under the law of another country. [Section 11 inserted: No. 12 of 2004 s. 15.] 12. Meaning of "subdivision conditional contract" A subdivision conditional contract is a general conditional contract for the sale of land, completion of which is conditional on the obtaining by the purchaser of approval from the relevant authorities to subdivide the land or part of the land. [Section 12 inserted: No. 12 of 2004 s. 15.] 13. When a conditional contract becomes unconditional A general conditional contract becomes unconditional when the condition to which its completion was subject is fulfilled. [Section 13 inserted: No. 12 of 2004 s. 15.] 14. Termination of conditional contracts on relevant grounds A general conditional contract is terminated on relevant grounds if — (a) it is not carried into effect because the condition to which it is or was subject cannot be fulfilled for reasons that are not within the control of a party to the contract or a person who is related to a party to the contract; and (b) none of the parties has received or will receive a benefit under the contract. [Section 14 inserted: No. 12 of 2004 s. 15.] [15‑15B. Deleted: No. 2 of 2003 s. 7.] Part III — General provisions 16. Charge of duties on instruments 1MC (1) From and after the commencement of this Act and subject to this section, the duties to be charged for the use of the Crown on or in respect of the instruments specified in the Second Schedule shall be the duties specified opposite to those instruments in that Schedule, which duties shall be in substitution for the duties chargeable under the enactments repealed by this Act. (2) The duties specified in the Second Schedule shall be subject to the exemptions specified in the Third Schedule or otherwise by or under this Act and in any other Act for the time being in force. (3) Where an instrument which relates to property situate in, or deemed to be situate in, Western Australia or to any matter or thing done or to be done in Western Australia — (a) is executed in Western Australia and held in some place outside Western Australia; or (b) is executed in some place outside Western Australia and held in that place or another place outside Western Australia, the provisions of a stamp Act shall extend and apply to the instrument, notwithstanding that the instrument is not in Western Australia, in all respects as if the instrument were executed and held in Western Australia. (4) Despite anything else in this Part or in the Second Schedule, duty is not chargeable on a general conditional contract if the contract is not required to be lodged with the Commissioner because of the operation of section 17BA(4). (5) Despite anything to the contrary in this Act, duty is not chargeable on an instrument — (a) specified in any of items 4 to 12, 14A, 15, 17 or 19 of the Second Schedule; and (b) first executed on or after 1 July 2008, unless it is a continuing instrument. (6) The reference in subsection (5) to an instrument specified in an item of the Second Schedule includes a reference to an instrument that would, but for this section, be chargeable with duty as if it were such an instrument. (7) In subsection (5) — continuing instrument means — (a) an instrument of conveyance or transfer that replaces another instrument for the conveyance or transfer of the same property where the replaced instrument was first executed before 1 July 2008; or (b) an instrument of conveyance or transfer where — (i) the conveyance or transfer of property is made in accordance with an arrangement made on or after 28 November 2007; and (ii) the sole or principal purpose of the arrangement was to defer the conveyance or transfer of the property until 1 July 2008 or later so that the rates of duty applicable under the Duties Act 2008 would apply to the conveyance or transfer. [Section 16 amended: No. 21 of 1961 s. 2; No. 3 of 1971 s. 2; No. 37 of 1979 s. 14; No. 112 of 1982 s. 3; No. 98 of 1986 s. 4; No. 33 of 1987 s. 6; No. 41 of 1989 s. 7; No. 2 of 2003 s. 8; No. 12 of 2004 s. 16; No. 12 of 2008 s. 5.] [Modification, to section 16, to have effect under the Commonwealth Places (Mirror Taxes) Act 1998 (Commonwealth) s. 8, see Commonwealth Places (Mirror Taxes) (Modification of Applied Laws (WA)) Notice 2007 cl. 43 and endnote 1MC.] 17. Liability to pay duty (1) The person liable to pay duty on an instrument is — (a) if a person is specified in the Second Schedule as the person liable to pay the duty on the instrument — that person; (b) if another person is expressly liable under any other provision of a stamp Act to pay the duty — that other person; (c) if the instrument is a dutiable statement — the person required to lodge the dutiable statement; or (d) in any other case — the party to the instrument by whom or on whose behalf it is held. (2) Nothing in this section is to be taken — (a) to exonerate any other person from any liability imposed on the person under a stamp Act; or (b) to exempt any instrument or matter from any duty to which it is liable under a stamp Act. (3) A person who is liable to pay duty is also liable to pay any penalty tax, interest or other amount payable under a stamp Act in connection with the duty. [Section 17 inserted: No. 2 of 2003 s. 9; amended: No. 66 of 2003 s. 6.] 17A. Time for payment of duty (1) The liability to pay duty on an instrument arises — (a) when the instrument is first executed; or (b) if the instrument is a dutiable statement, on the occurrence of the transaction or event to which the statement relates. (2) The duty is payable within one month after the date of the assessment notice. (3) Subsection (2) does not apply in a particular case if a provision of a stamp Act specifies that in that particular case duty is payable at, or within, a different time or period. (4) A taxpayer must pay the duty within the time required by subsection (2) or that other provision. Penalty: $5 000. [Section 17A inserted: No. 2 of 2003 s. 9.] 17AA. Time for payment on certain conditional contracts (1) The duty on a farming land conditional contract or a mining tenement conditional contract is payable within 12 months after the date on which the contract was first executed or one month after the date of the assessment notice, whichever is the later. (2) The duty on an off‑the‑plan conditional contract or a subdivision conditional contract is payable within 2 years after the date on which the contract was first executed or one month after the date of the assessment notice, whichever is the later. [Section 17AA inserted: No. 12 of 2004 s. 17.] 17B. Requirement to lodge instrument (1) A person who is, or may be, liable to pay duty on an instrument except a mortgage must lodge the instrument with the Commissioner within 2 months after the date on which the instrument was first executed. Penalty: $5 000. (1a) The person who is, or may be, liable to pay duty on a mortgage must lodge the mortgage with the Commissioner each time a liability arises under section 87, and must lodge it within 2 months after the respective liability date as defined in section 81. (2) Subsection (1) does not apply in a particular case if a provision of a stamp Act specifies that in that particular case the instrument must be lodged at or within a different time or period. [Section 17B inserted: No. 2 of 2003 s. 9; amended: No. 66 of 2003 s. 7; No. 12 of 2004 s. 22.] 17BA. Time for lodging certain conditional contracts (1) If a general conditional contract becomes unconditional within one month after the date on which it was first executed, then the person who is, or may be, liable to pay duty on the contract must lodge the contract with the Commissioner within 2 months after the date on which it was first executed. Penalty: $5 000. (2) If a general conditional contract is not required to be lodged under subsection (1), then the person who is, or may be, liable to pay duty on the contract must lodge the contract — (a) within one month after the date on which the contract becomes unconditional; or (b) within 12 months after the date on which the contract was first executed, whichever is earlier. Penalty: $5 000. (3) Despite subsection (2), if a vendor is related to a purchaser then the person who is, or may be, liable to pay the duty on the contract must lodge the contract with the Commissioner within 2 months after the day on which the contract was first executed. Penalty: $5 000. (4) Despite subsections (1), (2) and (3), a person is not required to lodge a general conditional contract with the Commissioner if the contract is terminated on relevant grounds before it is required to be lodged under this section. (5) The person who is or may be liable to pay duty on a contract of any of the following kinds must lodge the contract with the Commissioner within 2 months after the day on which the contract was first executed — (a) a farming land conditional contract; (b) a mining tenement conditional contract; (c) an off‑the‑plan conditional contract; (d) a subdivision conditional contract. Penalty: $5 000. [Section 17BA inserted: No. 12 of 2004 s. 18.] 17C. Instrument to be endorsed when duty paid etc. (1) When — (a) duty is paid on an instrument; (b) penalty tax or any other amount payable under a stamp Act in respect of an instrument is paid; (c) the payment of duty payable on, or penalty tax or any other amount payable under a stamp Act in respect of, an instrument is waived; (d) the Commissioner assesses an instrument as being not chargeable with duty; (e) the Commissioner exempts an instrument from duty; or (f) the Commissioner allows a reduction of the duty payable on an instrument, then the Commissioner must — (g) endorse the instrument accordingly; or (h) if the instrument is dealt with under a special tax return arrangement — issue a stamp duty certificate in accordance with the arrangement. (2) An endorsement under subsection (1) must be made in a prescribed manner. (3) An instrument is taken to be endorsed in accordance with subsection (1) if the Commissioner endorses, in a prescribed manner, a copy or memorandum of the instrument under section 20 of the Taxation Administration Act 2003. (3a) An instrument is taken to be endorsed in accordance with subsection (1) if the Commissioner endorses it under section 31B(15), 63A(2), 72(4), 74(4), 77(2) or 77A(11). (4) The grant or transfer of a licence (as defined in section 76B) is taken to be endorsed in accordance with subsection (1) when it is granted or transferred. (5) An endorsement of an instrument, or on a copy or memorandum of an instrument, in a prescribed manner is prima facie evidence of the matters noted in the endorsement. (6) The Commissioner may, at the request of a party to an instrument specified in the Third Schedule, endorse the instrument as exempt from duty. (7) In this Act, a reference to endorsing an instrument is to be read as including a reference to issuing a stamp duty certificate in relation to the instrument under subsection (1)(h). [Section 17C inserted: No. 2 of 2003 s. 9; amended: No. 66 of 2003 s. 8; No. 12 of 2004 s. 23.] 18. How instruments to be written Every instrument shall be written in such a manner as to leave a blank space at least 40 millimetres deep at the top of the first page or face of that instrument as a place for stamping thereon the amount of duty paid in respect of that instrument. [Section 18 inserted: No. 37 of 1979 s. 16; amended: No. 2 of 2003 s. 10.] 19. Instruments to be separately charged with duty in certain cases Except where express provision to the contrary is made by this or any other Act — (a) an instrument containing or relating to 2 or more 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, is to be separately and distinctly charged, as if it were a separate instrument, with duty in respect to each of the considerations. [Section 19 amended: No. 2 of 2003 s. 11.] 20. Reduction of duty if matter not carried into effect (1) The amount of duty payable on an instrument is reduced by the amount of the full duty payable in respect of a matter included in the instrument if the Commissioner is satisfied that — (a) the matter has not been, and will not be, carried into effect; (b) the taxpayer has not received, and will not receive, a benefit in respect of the matter; and (c) the reason the matter was not, and will not be, carried into effect is not merely to enable a replacement transaction to be entered into. (2) The amount of duty payable on an instrument is reduced in accordance with subsection (3) if the Commissioner is satisfied that — (a) a matter included in an instrument has not been, and will not be, carried into effect; (b) the taxpayer has received, or will receive, a benefit in respect of the matter; (c) the value of the benefit is less than the full duty payable in respect of the matter; and (d) the reason the matter was not, and will not be, carried into effect is not merely to enable a replacement transaction to be entered into. (3) The amount of duty payable on the instrument is reduced by the amount of the difference between the value of the benefit referred to in subsection (2)(b) and the amount of the full duty payable in respect of the matter. (4) A taxpayer receives a benefit in respect of a matter included in an instrument if, as a result of the matter not being carried into effect, an amount of money, or a right, property or service, is received — (a) by the taxpayer; or (b) with the consent, or at the direction of, the taxpayer, by an independent person. (5) A taxpayer receives a benefit in respect of a matter contained in an instrument chargeable as a conveyance or transfer of property if — (a) the instrument provides for or contemplates the conveyance or transfer of the property to an independent person; (b) under an agreement, arrangement or understanding between the taxpayer and another party, the property has been or is to be conveyed or transferred to that other party or to another person; or (c) the taxpayer obtains exclusive use or control of the property under a term contract (however described), whether or not the contract is for any reason not fully carried into effect. (6) Where a taxpayer receives a benefit of the kind described in subsection (5) the value of the benefit is the amount of the full duty payable in respect of the matter. (7) For the purpose of calculating the value of a benefit received by a taxpayer in respect of a matter (other than a benefit of the kind described in subsection (5)), an amount equal to the amount (if any) required to restore the taxpayer to the position the taxpayer would have been in if the matter had not been included in the instrument, is not to be taken into account. (8) Subject to section 17 of the Taxation Administration Act 2003, the Commissioner must make any reassessment necessary to give effect to this section. (9A) For the purposes of subsection (8), in respect of a matter included in a general conditional contract that has not been, and will not be, carried into effect, the Taxation Administration Act 2003 section 17 applies as if — (a) despite subsection (1) of that section, a person is not entitled to apply for a reassessment — (i) more than 5 years after the original assessment was made; or (ii) more than 12 months after cancellation day, whichever is the later; and (b) despite subsection (4) of that section, the Commissioner may only make a reassessment on an application if the application was made within that time. (9B) Subsection (9A) applies in relation to a matter included in a general conditional contract only if the day on which the contract is rescinded, annulled, abandoned or otherwise terminated without completion is on or after the day on which the Revenue Laws Amendment Act 2012 section 39 comes into operation. (9) In this section — full duty, in relation to a matter, means the amount of duty that would, but for this section, be payable in respect of the matter; independent person, in relation to a matter, means a person who is not a party to the instrument that includes the matter; party, in relation to a matter, means a person who is a party to the instrument that includes the matter; replacement transaction, in relation to a matter, means a transaction between the taxpayer and an independent person that is substantially similar in effect to the transaction that was to have been effected by the instrument that includes the matter. [Section 20 inserted: No. 2 of 2003 s. 12; amended: No. 29 of 2012 s. 39.] [21. Deleted: No. 2 of 2003 s. 12.] [22. Deleted: No. 37 of 1979 s. 18.] [23. Deleted: No. 2 of 2003 s. 12.] [24, 25. Deleted: No. 37 of 1979 s. 20.] 26. Facts and circumstances affecting duty to be set forth in instrument 1MC (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 a person must not, with intent to defraud the Crown — (a) execute 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, neglect or omit fully and truly to set forth therein all the said facts and circumstances. Penalty: $20 000. (1a) For the purposes of subsection (1) the suppression from an instrument of any fact or circumstance referred to in subsection (1) or the inclusion therein of any matter that is known to be false in a material particular is prima facie evidence of intent to defraud the Crown. (2) The Commissioner may, in a case in which he considers that the circumstances so require, permit any error in an instrument to be corrected before the instrument is stamped. (3) A person who, after an instrument has been stamped, alters the instrument in any manner which may increase its liability to duty shall produce the altered instrument, within one calendar month after the making of the alteration, to enable the Commissioner to reassess the amount of duty payable on the instrument. Penalty: $20 000. (4) For the purposes of this section facts and circumstances referred to in subsection (1) that are set forth in a document accompanying an instrument when it is presented for stamping are to be regarded as being set forth in that instrument. [Section 26 amended: No. 113 of 1965 s. 4(1); No. 37 of 1979 s. 21; No. 81 of 1984 s. 8; No. 33 of 1987 s. 8; No. 20 of 1996 s. 18; No. 2 of 2003 s. 13.] [Modification, to section 26, to have effect under the Commonwealth Places (Mirror Taxes) Act 1998 (Commonwealth) s. 8, see Commonwealth Places (Mirror Taxes) (Modification of Applied Laws (WA)) Notice 2007 cl. 44 and endnote 1MC.] 27. Instruments not stamped inadmissible except in criminal proceedings (1) Except as otherwise provided by a stamp Act no instrument chargeable with duty and executed in Western Australia, or relating, wheresoever executed, to any property situate or deemed to be situate or to any matter or thing done or to be done in Western Australia, shall, except in criminal proceedings, be pleaded or given in evidence or admitted to be good, useful, or available in law or equity, unless it is stamped in accordance with the law in force at the time when it was first executed. (2) Any document executed in Western Australia, or relating, wheresoever executed, to any property situate or to any matter or thing done or to be done in Western Australia, which — (a) affords any evidence of — (i) an acquisition to which section 31B applies; (ii) a transfer to which section 31C applies; (iii) a disposition to which section 73DAA(1) applies; or (iv) a transaction referred to in section 77A(1); and (b) is a document — (i) relating to an acquisition, transaction, disposition or transfer for which a dutiable statement is required to be lodged under section 31B, 31C, 73DAA(1) or 77A; but (ii) which is not itself chargeable with duty, shall not, except in criminal proceedings, be pleaded or given in evidence or admitted to be good, useful, or available in law or equity, unless a dutiable statement has been lodged under section 31B, 31C, 73DAA(1) or 77A in respect of the acquisition, transaction, disposition or transfer to which that document relates and the duty with which the dutiable statement is chargeable has been paid. (3) Sections 29 and 30 and this section do not apply to an instrument or a document relating to an acquisition, transaction or transfer for which a dutiable statement is required to be lodged under section 31B, 31C or 77A, and this section does not apply to an instrument or a document relating to a disposition for which a dutiable statement is required to be lodged under section 73DAA(1), where the instrument or document is pleaded in a pleading filed in any court, or tendered as evidence in any court, on behalf of a party (not being a person who is liable to pay the duty in respect of the instrument or dutiable statement, as the case requires) — (a) in the case where the instrument or document is pleaded, if before the pleading is filed in the court, the person — (i) has informed the Commissioner of the name of the person liable to pay the duty in respect of the instrument or dutiable statement; and (ii) has lodged — (I) the instrument or a copy of the instrument; or (II) the document or a copy of the document, as the case requires, with the Commissioner; and (b) in the case where the instrument or document is tendered, if the court is satisfied that the person — (i) has informed, or will in accordance with arrangements approved by the court, inform the Commissioner of the name of the person liable to pay the duty in respect of the instrument or dutiable statement; and (ii) has lodged, or will in accordance with arrangements approved by the court, lodge — (I) the instrument or a copy of the instrument; or (II) the document or a copy of the document, as the case requires, with the Commissioner. [Section 27 amended: No. 67 of 1966 s. 3; No. 102 of 1970 s. 4; No. 98 of 1986 s. 6; No. 33 of 1987 s. 9; No. 41 of 1989 s. 8; No. 39 of 1994 s. 18; No. 41 of 1995 s. 4(1); No. 20 of 1996 s. 19; No. 13 of 1997 s. 36(1); No. 22 of 1998 s. 31; No. 36 of 2001 s. 14; No. 2 of 2003 s. 14; No. 66 of 2003 s. 9; No. 11 of 2005 s. 7.] 28. No instrument to be registered etc. unless stamped (1) A person whose duty it is to receive, register, enrol, enter or record — (a) any original instrument or duplicate or counterpart instrument or any copy of an instrument shall not, if the original instrument is chargeable with duty or is exempt from duty or would, if it were in Western Australia, be so chargeable or exempt, receive, register, enrol, enter or record the original instrument, duplicate or counterpart instrument or copy unless he is satisfied that the original instrument has been stamped or is exempt from duty or that the duplicate or counterpart instrument or copy has been stamped under subsection (3), as the case requires; or (b) any document referred to in section 27(2) shall not receive, register, enrol, enter or record that document unless he is satisfied that a dutiable statement has been lodged under section 31B, 31C, 73DAA(1) or 77A in respect of the acquisition, transaction, disposition or transfer to which that document relates and that the duty with which the dutiable statement is chargeable has been paid. Penalty: $20 000. (2) A person referred to in subsection (1) may refer any question concerning the liability to duty of an original instrument, duplicate or counterpart instrument or copy of an instrument to the Commissioner for determination. (3) When an original instrument has not been stamped and the Commissioner is satisfied that it is not reasonably practicable to present the original instrument for stamping, he may, at the request of any person and on payment of the duty which is chargeable on the original instrument, stamp the duplicate or counterpart or copy thereof as if it were the original instrument. (4) If a caveat relates to an instrument which is liable to duty or a document referred to in section 27(2) the registrar must reject the caveat unless — (a) the instrument or the dutiable statement relating to the document has been stamped; or (b) the registrar is satisfied, on evidence provided by the person lodging the caveat, that the instrument or the dutiable statement relating to the document, has been lodged with the Commissioner for assessment. Penalty: $20 000. (5) If a caveat relates to an instrument that is not liable to duty the registrar may reject it unless when it is lodged it is accompanied by a statutory declaration — (a) stating that the instrument is not liable to duty; and (b) setting out why the instrument is not liable to duty (including reference to any relevant provisions of a stamp Act). (6) In subsections (4) and (5) — caveat means a caveat lodged under — (a) Part V of the Transfer of Land Act 1893; or (b) the Mining Act 1978; registrar means the Registrar of Titles or a mining registrar within the meaning of the Mining Act 1978 (as the case requires). [Section 28 inserted: No. 37 of 1979 s. 22; amended: No. 93 of 1982 s. 4; No. 81 of 1984 s. 9; No. 98 of 1986 s. 7; No. 33 of 1987 s. 10; No. 41 of 1989 s. 9; No. 36 of 2001 s. 15; No. 2 of 2003 s. 15; No. 66 of 2003 s. 10.] 29. Production of instruments as evidence (1) Upon production of an instrument chargeable with any duty or a document referred to in section 27(2) (other than a document relating to a disposition to which section 73DAA(1) applies) as evidence in any court of civil judicature, or before any arbitrator or referee, notice shall be taken by the court, arbitrator or referee of whether, and to what amount, the instrument has been stamped or of any failure to comply with section 31B(1), 31C(1) or 77A(1) in respect of the acquisition, transaction or transfer to which that document relates, or to pay the duty with which the dutiable statement required to be lodged under section 31B, 31C or 77A in respect of that acquisition, transaction or transfer is chargeable, as the case requires. (2) If an instrument referred to in subsection (1) is one which may legally be stamped at the time of production, it may, on payment to an officer of the relevant court or to the arbitrator or referee concerned of the amount of unpaid duty and of any penalty tax payable in respect of the instrument, be received in evidence, saving all just exceptions on other grounds. (2a) If a document referred to in subsection (1) relates to an acquisition, transaction or transfer in respect of which a dutiable statement is required to be lodged under section 31B, 31C or 77A and either the dutiable statement has not been lodged or the duty with which the dutiable statement is chargeable has not been paid, the document may, on production to an officer of the relevant court or to the arbitrator or referee concerned of the dutiable statement and payment to him of the amount of duty and of any penalty tax payable in respect of the dutiable statement, be received in evidence, saving all just exceptions on other grounds. (3) On receiving payment under subsection (2) or (2a) the officer of the court, arbitrator or referee concerned shall forthwith transmit to the Commissioner the instrument or dutiable statement concerned, together with the duty and any penalty tax paid in respect of the instrument or dutiable statement. (4) On receiving the instrument or dutiable statement the Commissioner is to make an assessment of the duty payable on it, issue an assessment notice, stamp the instrument or dutiable statement and return it to the officer of the court, arbitrator or referee with the assessment notice. (5) Section 23(3) of the Taxation Administration Act 2003 does not apply to an assessment notice referred to in subsection (4). [Section 29 amended: No. 9 of 1974 s. 10; No. 37 of 1979 s. 23; No. 98 of 1986 s. 8; No. 33 of 1987 s. 11; No. 57 of 1997 s. 113(1); No. 36 of 2001 s. 16; No. 2 of 2003 s. 16; No. 66 of 2003 s. 11.] 30. Secondary evidence (1) In proceedings in any court of civil judicature or before any arbitrator or referee, secondary evidence of — (a) an instrument may, if the instrument is one which may then legally be stamped, be admitted, saving all just exceptions on other grounds, notwithstanding that the instrument is chargeable with duty and has not been stamped, if the duty and any penalty tax payable in respect of the instrument are paid to an officer of that court or to the arbitrator or referee, as the case requires; or (b) a document referred to in section 27(2) (other than a document relating to a disposition to which section 73DAA(1) applies) may be admitted, saving all just exceptions on other grounds, on production to an officer of that court or to the arbitrator or referee of a dutiable statement lodged under section 31B, 31C or 77A and payment to him of the amount of duty and of any penalty tax payable in respect of the dutiable statement. (2) On receiving payment under subsection (1) the officer of the court, arbitrator or referee is to deliver the instrument or dutiable statement to the Commissioner together with the duty and any penalty tax paid in respect of the instrument or dutiable statement. (3) On receiving the instrument or dutiable statement the Commissioner is to make an assessment of the duty payable on it, issue an assessment notice, stamp the instrument or dutiable statement and return it to the officer of the court, arbitrator or referee with the assessment notice. (4) Section 23(3) of the Taxation Administration Act 2003 does not apply to an assessment notice referred to in subsection (3). [Section 30 inserted: No. 98 of 1986 s. 9; amended: No. 33 of 1987 s. 12; No. 36 of 2001 s. 17; No. 2 of 2003 s. 17; No. 66 of 2003 s. 12.] 31. Stamped instruments as evidence An instrument that has been stamped or is taken to have been stamped — (a) is admissible in evidence; and (b) except in proceedings under Part 4 of the Taxation Administration Act 2003, the endorsement of the instrument is conclusive evidence that the assessment is correct. [Section 31 inserted: No. 12 of 2004 s. 24.] [31AA‑31AC, 31A. Deleted: No. 2 of 2003 s. 18.] 31B. Payment of duty on statements in absence of dutiable instrument (1) A person who acquires an interest by way of an acquisition to which this section applies shall, within 2 months after the acquisition, lodge a statement with the Commissioner in respect of the acquisition. Penalty: $20 000. (2) A dutiable statement must be prepared in an approved form. (3) Subject to subsection (8), this section applies to any of the following — (a) the acquisition of beneficial ownership of an estate or interest in — (i) freehold land, whether or not registered under the Transfer of Land Act 1893; (ii) a Crown lease registered under the Transfer of Land Act 1893; or (iii) a mining tenement registered under the Mining Act 1978, or any buildings on, or fixtures annexed to, or to buildings on, any such land, lease or tenement if the land, lease or tenement is situated in Western Australia; (b) the acquisition of beneficial ownership of chattels (as defined in section 70) and other property (as defined in section 70); (c) the acquisition of beneficial ownership of chattels (as defined in section 70) acquired as part of a series of acquisitions or transactions relating to chattels and to other property (as defined in section 70) at least one of which changes, or is or includes an agreement to change, the beneficial ownership of the other property;