Document ID: chunk:federal_register_of_legislation:F2006B07691:body:0:p2
Version: federal_register_of_legislation:F2006B07691
Segment Type: other
Provision Reference: 
Character Range: 2520–4722

53AB
  After section 53—
  insert—
'53AA Rate of duty for single instrument—Commonwealth places

'(1) This section applies if an instrument of conveyance, as defined in section 53(1), is liable for duty under the Commonwealth Act and the Queensland Act.
'(2) Subject to subsection (3), the duty chargeable under the Commonwealth Act on the instrument is the duty calculated on the sum of the amounts on which ad valorem duty is calculated under the Commonwealth Act and the Queensland Act.

'(3) The duty chargeable under the Commonwealth Act is reduced by the duty payable on the instrument under the Queensland Act.

'53AB Rate of duty for multiple instruments—Commonwealth places

  '(1) This section applies if—

      (a) there are 2 or more instruments of conveyance and some of the instruments are liable for duty under the Commonwealth Act and some under the Queensland Act; and

      (b) section 53 would apply to the instruments if they were all liable for duty under the Commonwealth Act only.

'(2) Subject to subsection (3), for calculating the duty under the Commonwealth Act chargeable on an instrument of conveyance, section 53 applies to instruments of conveyance that are liable for duty under the Queensland Act (the "Queensland instruments") as if the instruments were liable under the Commonwealth Act.

'(3) The duty chargeable under the Commonwealth Act is reduced by the duty payable on the Queensland instruments under the Queensland Act.'.

   11 Replacement of s 91 (Recognition of duty paid in certain circumstances)

  Section 91—

  omit, insert—

'91 Recognition of duty paid in certain circumstances

If the Commonwealth Act requires regard to be had to duty previously paid or payable, regard must be had to any duty previously paid or payable under the Queensland Act if regard would have been had under the Commonwealth Act to that duty if that duty was paid or payable under the Commonwealth Act.'.

12 Amendment of sch 2 (Dictionary)

  Schedule 2—

  insert—

   '"Commonwealth Act" means the Stamp Act 1894 (Queensland) as a law applied under the Commonwealth Places (Mirror Taxes) Act 1998 (Cwlth).

"Queensland Act" means the Stamp Act 1894 (Queensland).'.