No STAMPS ACT 1958.

Transcription

1 1958. Stamps. No No STAMPS ACT An Act to consolidate the Law relating to Stamps. E it enacted by the Queen's Most Excellent Majesty by and B with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): [30fA September, 1958.] 1. This Act may be cited as the Stamps Act 1958, and shotttwe, shall come into operation on a day to be fixed by proclamation moment of the Governor in Council published in the Government Gazette, and<ulrisi <«'- and is divided into Parts Divisions and subdivisions as follows: Part I. Collection of Fees by Stamps ss Part II. Division 1. Grant of Stamp Duties ss Collection Division 2. General Provisions ss of Duties (1) Bills of Exchange and by Stamps. Promissory Notes ss. ss (2) Receipts ss (3) Bills of Lading ss Division 3. (4) Transfer of Marketable Special Securities; Direction Provisions as to certain Shares ss ss

2 Stamps. No Repeal. Hirst Schedule. Part II. Collection Duties Stamps. ofi by Division 3. Special Provisions. I Part III. Administration, ss (5) Warehouseman's Certificate ss (6) Conveyance or Transfer on Sale of any Real Property or any Estate or Interest therein; Land Transfer; Exchange ss (7) Partition or Division of Real Property or any Estate or Interest therein s. 75. (8) Lease or Agreement for a Lease ss (9) Settlement or Gift, Deed of ss (10) Power of Attorney ss (11) Annual Licences in relation to Assurance &c. ss (12) Betting Instruments ss (13) Counterpart ot Instrument s (14) Hire-Purchase Agreements ss (15) Easements s Licences, Offences, Regulations &c. 2. (1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly. (2) Except as in this Act expressly or by necessary implication provided (a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any regulation rule order appointment application affidavit declaration statement complaint notice information summons licence permit authority warrant bond fee duty stamp die certificate

3 1958. Stamps. No assessment decision direction arrangement appeal liability or right made issued granted given presented accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act; nor shall such repeal limit or affect the operation of sub-sections (2) and (3) of section two of the Stamps (Cheques and Receipts) Act In this Act unless inconsistent with the context or subject-matter " Die " includes any plate type tool or implement whatever used under the direction of the Minister for expressing or denoting any duty or the fact that any duty or penalty has been paid or that an instrument is duly stamped or is not chargeable with any duty and also any part of any such plate type tool or implement. " Executed " and " execution " with reference to instruments not under seal mean respectively signed and signature. " Forge " and " forged " include respectively counterfeit and counterfeited. " Instrument " includes every written document. " Marketable security " means any debentures funds stock shares or bonds of any Government or of any municipal or other corporation company or society. " Material" includes every sort of material upon which words or figures can be expressed. " Money " includes all sums expressed in Australian or in any other currency. " Officer " includes any person in the employment of the Government of Victoria receiving payment for his services from moneys voted by the Parliament of Victoria. " Part" means Part of this Act. " Person " includes corporation company and society. " Prescribed" means prescribed by this Act or by the regulations. " Regulations " means regulations made under this Act. " Right in respect of shares " means right of the holder of shares in any company to have issued to him any shares in any company whether or not on payment of any money or other consideration for such last-mentioned shares. " Schedule " means Schedule to this Act. Interpretation. s. 3. ' Die." ' Executed," ' execution." " Forge," " forged." " Instrument." " Marketable security." Material.' " Money." ' Officer." ' Part." ' Person." ' Prescribed.' " Regulations." " Right in respect of shares." ' Schedule."

4 Stamps. No Stamp." "The chief 'Utter.' " Stamp " means duty stamp whether impressed by means of a die or adhesive, and "stamped" has a corresponding interpretation. " The chief office " means the chief office of the Minister in which this Act is administered. " Utter " includes to utter offer dispose of or put off. Interpretation. s. 4. "Fees." Second Schedule. PART I. COLLECTION OF FEES BY STAMPS. 4. In this Part " Fees " includes all fees dues duties taxes and charges payable to the Crown or the Consolidated Revenue of Victoria under any of the enactments (as amended by any Act) specified in the Second Schedule or any corresponding previous enactments or under any rule or regulation or Order in Council made thereunder, but does not include any commission or remuneration in the nature of a commission or poundage chargeable upon or to be retained out of moneys levied by execution or otherwise or any allowance or payment to any person for travelling expenses. From time appointed by Governor in Council certain fees payable to the Government to be collected by stamps. s. 5; No s. 2. Second Schedule. Stamps to be impressed or adhesive. s From and after such time or respective times as the Governor in Council heretofore by notice published in the Government Gazette has appointed or hereafter by such notice published in the Government Gazette appoints, the following fees, or such of them as have been or are specified in such notice or respective notices, shall be collected by stamps: (a) All fees payable to the Crown or the Consolidated Revenue of Victoria or to the several officers of Government, in the several courts and offices, in respect of matters or things to be done or performed under the several enactments (as amended by any Act) specified in the Second Schedule or any corresponding previous enactments; and (b) All fees payable to the Crown or the Consolidated Revenue of Victoria or to any officers of the Government under any other enactment now or hereafter in force which the Governor in Council by any such notice in the Government Gazette directs to be collected by stamps. 6. All or any stamps to be used under this Part shall be impressed or adhesive as the Governor in Council directs.

5 1958. Stamps. No (1) The Governor in Council may by Order published in fe""'",.^ the Government Gazette direct that all or any of the fees which Council to under this Part are at the time of making any such Order required be paid in to be collected by stamps 'shall from the time named in such Order SfSSnS?* 4 be collected in money, which shall be paid to a Receiver of s. 7. Revenue under the Audit Act 1958, who shall certify or denote on any instrument to which such Order applies by an impressed stamp or impressed stamps the amount of fees paid. (2) From the time named in such Order for such collection of fees in money instead of stamps all such fees so directed to be collected in money shall be paid in money. (3) All persons who neglect evade or attempt to evade Penalties and payment of such fees shall, besides being subject to such penalties evasion^ste. as any law in force imposes for any such acts of omission or commission, be also liable to pay to Her Majesty as damages in addition to such fees a sum which shall be double the amount of the fees so neglected to be paid or evaded or attempted to be evaded. (4) Such fees and damages shall be recoverable with full ^ a^yof costs of suit by action in the Supreme Court in the same manner damages, as any debt duty or sum of money due to Her Majesty, otherwise than upon or by virtue of a recognisance, is recoverable under Part I. of the Crown Proceedings Act (1) After the time named in the Order of the Governor P 0^^* 3 in Council authorized by the last preceding section to be made payment of no instrument to which the Order applies and in respect of which evidence any fee is payable by any law in force at the time of the ScSpujf commencement of this Act or at any time thereafter shall be!?%,(,. used or pleaded or received in evidence except in criminal proceedings unless the fee payable on such instrument is denoted on such document or instrument or otherwise certified by a Receiver of Revenue under the Audit Act 1958 in the manner provided by the regulations. (2) The provisions of the next succeeding section shall with ^P^"" 00 such adaptations as are necesesary extend and apply to the section, provisions of this section. 9. (1) Subject to the provisions of this section any document 0 ^en S_ which ought to bear a stamp under this Part shall not be of any g* p^ validity unless and until it is properly stamped. No. 5*204$. 9. (2) If any such document is through mistake or inadvertence gf^oojnwit received lodged filed or used without being properly stamped, or g"} U8h e if it appears upon any such document being tendered in evidence court 6 " 06 ' or for any other purpose that the same through inadvertence has stamped with not been properly stamped, a judge chairman or justice of any f^^ na VOL. vn. 31

6 Stamps. No Then valid. court may if he thinks fit order that the same be stamped with stamps of such amount beyond the fee due thereupon as he thinks reasonable, not exceeding five times the amount of the stamp which should have been impressed of affixed thereon as in such order is directed. (3) On such document being stamped accordingly the same and every proceeding relative thereto shall be as valid as if such document had been properly stamped in the first instance. Court to take notice of want of stamp though no objection is made. s Except in criminal proceedings any document which ought to be but is not duly stamped under this Part shall not nor, though no objection is raised thereunto, shall any judge chairman or justice of any court allow such document to be used until such document has been first duly stamped. Where stamps are required, officer to see that they are attached. No. 521)4 s. 11. Officer to cancel adhesive stamp. 11. Every officer whose duty it is to receive any fee or sum of money for any matter or thing to be done or performed for which payment is to be made by stamps (a) shall before doing or performing such matter or thing see that there is attached to the document instrument matter or thing in respect whereof the fee or sum of money is payable a stamp of value not less than the fee or sum of money payable for the performance of such matter or thing; and (b) when an adhesive stamp is used, shall immediately cancel the same by writing or stamping or impressing in ink on the same his name or initials and the date thereof so as effectually to obliterate and cancel the stamp and so as not to admit of its being used again. Penalty for issuing or serving documents not stamped or failing to cancel stamps &c. s Every person who without lawful excuse (the proof whereof shall be upon such person) (a) files issues receives procures or delivers any instrument or serves or executes any writ rule order matter or proceeding not properly stamped as required by this Act; or (b) does or performs or permits to be done or performed any act matter or thing in respect whereof a stamp should be used without using such stamp; or (c) fails or omits to cancel or obliterate any adhesive stamp at the time and in the manner prescribed by this Act shall be liable to a penalty of not more than Twenty pounds.

7 1958. Stamps. No In any proceeding for the recovery of any penalty under Proof in this Part goceedm.. penalties. (a) the production of any instrument unstamped or stamped with an insufficient stamp or the stamp of which is not properly or sufficiently obliterated and cancelled; or (b) the proof of any instrument having been unstamped or not sufficiently stamped at the time when it was filed issued received procured delivered served or executed or of any stamp not having been properly and sufficiently obliterated and cancelled shall be prima facie evidence that without lawful excuse (i) such instrument was filed issued received procured delivered served or executed not properly stamped as required by this Act; or (ii) the act matter or thing in respect whereof a stamp should have been used was done or performed or permitted to be done or performed without using such stamp; or (iii) the stamp was not cancelled or obliterated at the time and in the manner prescribed.by this Act (as the case requires). 14. Where any person is convicted before any court of petty p 0 weru> sessions in any penalty incurred under this Part, the court may, mf"^?e to in the case of a first offence where upon consideration of the «" t "in e cj5u. circumstances it deems it expedient so to do, mitigate the payment s. 14. of the said penalty but so that the sum to be paid by such person is not less than one-fourth part of the amount of the penalty (exclusive of the costs and charges) in which such person is convicted. 15. Nothing in this Part shall be deemed to interfere with the power of the Governor in Council judges or other persons empowered to alter or otherwise regulate the amount of fees payable under any of the enactments (as amended by any Act) specified in the Second Schedule, or of directing that any fee payable under any of the said enactments shall cease to be payable. Nothing to interfere with power of Governor in Council &c. to alter feet Ac. s. 15. Second Schedule. 16. The Governor in Council may make regulations for or Regulations, with respect to all matters which are necessary or expedient to NO s. 16. be prescribed for carrying out this Part and for regulating the use of stamps under this Part, and in particular for or with respect to (a) prescribing the application of this Part to documents from time to time in use or required to be used for the purpose of such stamps;

8 Stamps. No (b) insuring the proper cancellation of adhesive stamps; (c) keeping accounts of such stamps; and (d) the issuing of stamps in exchange for spoiled stamps. PART II. COLLECTION OF DUTIES BY STAMPS. Grant of duties is Third Schedule. s 17. As to Instruments relating to property belonging to the Crown. Recovery of duty and damages for evasion of payment. All duties to be paid according to the provisions of this Act. s. 18. Third and Fourth Schedules to be read as part of this Part. Power to Governor iu Council to order duties to be paid in money instead of stamps. s. 19. DIVISION 1. GRANT OF STAMP DUTIES. 17o (1) Subject to the exemptions contained in the Third Schedule and in any Acts for the time being in force, there shall be charged for the use of Her Majesty upon the several instruments specified in the said Schedule the several duties and additional duties therein specified. (2) Except where express provision to the contrary is made by this or any other Act, an instrument relating to property belonging to the Crown shall be charged with the same duty as an instrument of the same kind relating to property belonging to a subject. (3) All persons who neglect evade or attempt to evade payment of any of the several duties specified in the said Schedule or of any other stamp duties which may from time to time be chargeable by law upon any instruments shall besides being subject to such penalties as any law in force may impose upon any such acts of omission or commission be also liable to pay to Her Majesty as damages in addition to such duties a sum which shall be double the amount of the duties so neglected to be paid or evaded or attempted to be evaded; and such duties and damages shall be recoverable with full costs of suit by action in the Supreme Court in the same manner as any debt duty or sum of money due to Her Majesty otherwise than upon or by virtue of a recognizance is recoverable under Part I. of the Crown Proceedings Act (1) All stamp duties which are from time to time chargeable by law upon any instrument shall be paid and denoted according to the provisions of this Act. (2) The Third and Fourth Schedules and everything therein contained shall be read and construed as part of this Part. 19. (1) The Governor in Council may by Order published in the Government Gazette direct that all or any of the duties under this Part shall be paid in money to the Comptroller of Stamps who shall certify or denote on any instrument to which such Order applies by an impressed stamp or impressed stamps the amount of duty paid. (2) From the time named in such Order for such collection of duties in money instead of stamps all such duties so directed to be collected in money shall be paid in money.

9 1958. Stamps. No (1) After the time named in the Order of the Governor in Council authorized by the last preceding section to be made, no instrument to which any such Order applies and in respect of which any duty is payable by any law in force at the commencement of this Act or any time thereafter shall be used or pleaded or received in evidence except in criminal proceedings unless the duty payable is denoted on such instrument or otherwise certified by the Comptroller of Stamps in the manner provided by the regulations. (2) The provisions of section twenty-nine of this Act shall with such adaptations as are necessary extend and apply to the provisions of this section. Documents requiring payment of duty not to be evidence without receipt of duty Application hereto of s. 29, post. DIVISION 2. GENERAL PROVISIONS. 21. (1) Every instrument written upon stamped material shall ifow be written in such manner, and every instrument partly or wholly tctetrltwn written before being stamped shall be so stamped, that the stamp ^5204^21 appears on the face of the instrument and cannot be used for or applied to any other instrument written upon the same piece of material. (2) If more than one instrument is written upon the same several piece of material, every one of such instruments shall be separately SfoSsheet. and distinctly stamped with the duty with which it is chargeable. 22. Except where express provision to the contrary is made instrumepts by this or any other Act separately charged with (a) an instrument containing or relating to several distinct ",!&{ cases matters shall be separately and distinctly charged, No 5204 s. 22. as if it were a separate instrument, with duty in respect of each of such matters; and (b) an instrument made for any consideration or considerations in respect whereof it is chargeable with ad valorem duty, and also for any further or other valuable consideration or considerations, shall be charged with duty in respect of such last-mentioned consideration or considerations as if it was a separate instrument made for such consideration or considerations only. 23. (1) A stamp which by any word or words on the face of AS to the Uie it is appropriated to any particular description of instrument shall appropriated not be used or, if used, shall not be available for an instrument 0^5204 s. 23 of any other description. (2) An instrument falling under the particular description to ins^rameuts which any stamp is so appropriated as aforesaid shall not be appropriated deemed duly stamped unless it is stamped with the stamp so stamps ' appropriated.

10 Stamps. No Facts and circumstances affecting duty to be set forth in instruments. s. 24; No s. 2. Penalty. Money in foreign currency to be valued. s. 25. Valuation of marketable securities and rights in respect of shares. s. 26; No s. 3. Effect of statement of value. s (1) All the facts and circumstances affecting the liability of any instrument to ad valorem duty or the amount of the ad valorem duty with which any instrument is chargeable shall be fully and truly set forth in the instrument. (2) Every person who with intent to defraud Her Majesty (a) executes 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 neglects or omits fully and truly to set forth therein all the said facts and circumstances shall be liable to a penalty of Ten pounds. (3) The Comptroller of Stamps may in any case where he considers the circumstances so require, permit any error in an instrument to be corrected. 25. Where an instrument is chargeable with ad valorem duty in respect of any money in any currency other than that of the Commonwealth of Australia, such duty shall be calculated on the value of such money in Australian currency according to the current rate of exchange on the day of the date of the instrument. 26. (1) Where an instrument is chargeable with ad valorem duty in respect of any marketable security or right in respect of shares, such duty shall be calculated on the unencumbered value thereof on the day of the date of the instrument. (2) In computing for the purpose of this Act the value of any marketable security or right in respect of shares, no account shall be taken of any provision in the memorandum or articles of association of the company which or the operation of which restricts or would restrict the sale or disposition or reduces or would reduce the unencumbered value of the marketable security or right, and the marketable security or right shall be valued as if no such provision existed. (3) In computing for the purposes of this Act the unencumbered value of any marketable security or right in respect of shares the Comptroller of Stamps may accept the approximate average price thereof as disclosed by the sales or quotations in respect of similar securities or rights on any recognized stock exchange in the Commonwealth of Australia. 27. Where an instrument contains a statement of current rate of exchange or average price (as the case requires) and is stamped in accordance with such statement, such instrument shall, so far as regards the subject-matter of such statement, be deemed duly stamped until it is shown that such statement is untrue and that the instrument is in fact insufficiently stamped.

11 Stamps. No (1) Save where other express provision is made in this Act, any unstamped or insufficiently stamped instrument may be stamped after the execution thereof on payment of the unpaid duty and a penalty of Five pounds and also by way of further penalty, where the unpaid duty exceeds Ten pounds, of interest on such duty at the rate of Eight pounds per centum per annum from the day upon which the instrument was first executed up to the time when the amount of interest is equal to the unpaid duty. (2) In the case of such instruments as are chargeable with ad valorem duty (a) the instrument unless it is written upon duly stamped material shall be duly stamped with the proper ad valorem duty before the expiration of three months after it is first executed or (if first executed at any place out of Victoria) after it has been first received in Victoria, unless the opinion of the Comptroller of Stamps with respect to the amount of duty with which the instrument is chargeable has before such expiration been required under the provisions of this Act; (b) where the opinion of the Comptroller of Stamps with respect to any such instrument has been required, the instrument shall be stamped in accordance with the assessment of the Comptroller of Stamps within fourteen days after notice of the assessment: Provided that where in the case of an instrument of conveyance or transfer on sale of any real property the instrument is first executed with the intent that it should be held in escrow and a memorandum to that effect is executed simultaneously with the execution of the instrument, such instrument unless it is written upon duly stamped material shall be either duly stamped with the proper ad valorem duty or submitted for the opinion of the Comptroller of Stamps before the expiration of one month after it is released from escrow, proof of which release shall be furnished to the Comptroller of Stamps by statutory declaration. (3) The Minister may if he thinks fit at any time after the first execution of any instrument mitigate or remit any penalty payable on stamping. (4) The payment of any penalty payable on stamping is to be denoted on the instrument by a particular stamp. 29. (1) Upon the production of an instrument chargeable with any duty as evidence in any court of civil judicature in any part of Victoria, the officer whose duty it is to read the instrument shall call the attention of the judge to any omission or insufficiency of the stamp thereon. Stamping ul instruments after execution. s. 28: No s. 4 (1) («).«>. As to instruments chargeable with ad valorem duty. StampiiiK of instruments of conveyance or transfer of land held in escrow. Remission of penalty. Payment of penalty denoted by particular stamp. Certain unstamped or insufficiently stamped instruments receivable in evidence in any court on payment of dutv and penalty. s. 29.

12 Stamps. No The officer of the court to account for duties and penalties. Duty and penalty so paid to be denoted. Instrument not duly stamped inadmissible. s. 30. (2) If the instrument is one (other than a bill of exchange or promissory note) which may legally be stamped after the execution thereof, it may on payment to the officer of the amount of the unpaid duty and the penalty payable by law on stamping the same as aforesaid and of a further sum of One pound be received in evidence, saving all just exceptions on other grounds. (3) The officer receiving the said duty and penalty shall (A) give a receipt for the same; (b) make an entry in a book kept for that purpose of the payment and of the amount thereof; (c) communicate to the Minister the name or title of the cause or proceeding in which and of the party from whom he received the said duty and penalty and the date and the description of the instrument; and (d) pay over to such person as the Minister appoints the money received by him for the said duty and penalty. (4) Upon production to the Minister of any instrument in respect of which any duty or penalty has been paid as aforesaid together with the receipt of the said officer, the payment of such duty and penalty shall be denoted on such instrument accordingly. 30. Save and except as aforesaid, no instrument executed in any part of Victoria or relating wheresoever executed to any property situate or to any matter or thing done or to be done in any part of Victoria 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 duly stamped in accordance with the law in force at the time when it was first executed. In certain cases payment of duty on some other instrument to be denoted. s Where the duty with which an instrument is chargeable depends in any manner upon the duty paid upon another instrument, the payment of such last-mentioned duty shall, if application is made to the Comptroller of Stamps for that purpose and on production of both the instruments, be denoted in such manner as the Comptroller of Stamps thinks fit upon such first-mentioned instrument. Expression of opinion as to duty by Comptroller of Stamps. s. 32; No s. 5. Instrument not chargeable. 32. (1) Subject to the regulations the Comptroller of Stamps may be required by any person to express his opinion with reference to any executed instrument upon the following questions: (a) Whether it is chargeable with any duty; (b) With what amount of duty it is chargeable. (2) If the Comptroller of Stamps is of opinion that the instrument is not chargeable with any duty, such instrument may be stamped with a particular stamp denoting that it is not chargeable with any duty.

13 1958. Stamps. No (3) If the Comptroller of Stamps is of opinion that the instrument is chargeable with duty, he shall assess the duty with which it is in his opinion chargeable; and if the instrument is duly stamped in accordance with the assessment of the Comptroller of Stamps, it may be stamped also with a particular stamp denoting that it is duly stamped. (4) Every instrument stamped with the particular stamp denoting either that it is not chargeable with any duty or that it is duly stamped shall be admissible in evidence and available for all purposes notwithstanding any objection relating to duty. (5) An instrument upon which the duty has been assessed by the Comptroller of Stamps shall not if it is unstamped or insufficiently stamped be stamped otherwise than in accordance with the assessment of the Comptroller of Stamps. (6) Nothing in this section shall be deemed to authorize the stamping after the execution thereof of any instrument prohibited by law from being so stamped. (7) The Comptroller of Stamps may, on his own motion or at the request of any person, amend any assessment of duty or any opinion that an instrument is chargeable with duty ; and the Minister may allow a refund to such person of any amount of excess duty paid. 33. (1) Any person who is dissatisfied with the assessment of the Comptroller of Stamps made in pursuance of the last preceding section may within twenty-one days after the date of such assessment and on payment of duty in conformity therewith appeal against such assessment to the Supreme Court and may for that purpose require the Comptroller of Stamps to state and sign a case setting forth the question upon which his opinion was required and the assessment made by him. (2) The Comptroller of Stamps shall thereupon state and sigh a case accordingly and deliver the same to the person by whom it is required, and on his application such case may be set down for hearing in the Court. (3) Upon the hearing of such case (due notice of which is to be given to the Comptroller of Stamps) the Court shall determine the question submitted and, if the instrument in question is in the opinion of the Court chargeable with any duty, shall assess the duty with which it is so chargeable. (4) If it is decided by the Court that the assessment of the Comptroller of Stamps is erroneous, any excess of duty which has been paid in conformity with such erroneous assessment together with any penalty which has been paid in consequence thereof shall be ordered by the Court to be repaid by the Comptroller of Stamps to the appellant, together with the costs incurred by him in relation to the appeal. Assessment of duty and aifixingof particular stamp. Instruments so stamped admissible in evidence. Such instruments to be stamped only as assessed. Nothing herein to authorize stamping after execution, where prohibited. Amendment of assessment. Appeal from assessment. s. 33. Comptroller to state a case. Court to determine question submitted. If assessment held to be erroneous duty penalty and costs to be repaid by Comptrollet

14 Stamps. No If assessment confirmed appellant to pay costs. Power to Comptroller of Stamps to call for and refuse to proceed without abstract and evidence. s. 34. Affidavits Ac under this section not to be used for other purposes. Relief from penalties &c. for misstatement. Public oflicers to permit rolls oooks &c. to he inspected for purposes of this Part. s. 35. Penalty for refusal. Inspection of documcnto Ac. s. 36. (5) If the assessment of the Comptroller of Stamps is confirmed by the Court, the costs incurred by the Comptroller of Stamps in relation to the appeal shall be ordered by the Court to be paid by the appellant to the Comptroller of Stamps. 34. (1) In any case of application to the Comptroller of Stamps with reference to any instrument the Comptroller of Stamps may require to be furnished with an abstract of the instrument, and also with such evidence as he deems necessary, in order to show to his satisfaction whether all the facts and circumstances affecting the liability of the instrument to duty or the amount of the duty chargeable thereon are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly. (2) No affidavit or statutory declaration made in pursuance of this section shall be used against any person making the same in any proceeding whatever except in an inquiry as to the duty with which the instrument to which it relates is chargeable. (3) Every person by whom any such affidavit or declaration is made shall, on payment of the full duty with which the instrument to which it relates is chargeable, be relieved from any penalty forfeiture or disability he has incurred by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid. 35. (1) All public officers having in their custody any rolls books records papers documents or proceedings the inspection whereof may tend to secure any duty or to the proof or discovery of any fraud or omission in relation to any duty shall at all reasonable times permit any person thereunto authorized by the Comptroller of Stamps to inspect all such rolls books records papers documents and proceedings and to take such notes and extracts as he deems necessary without fee or reward. (2) Every person who refuses to permit such inspection shall for every such refusal be liable to a penalty of Ten pounds. 36. (1) The Comptroller of Stamps, or any officer authorized by the Comptroller of Stamps in writing for the purpose (whether generally or in any particular case) on showing such authority, may require any person at any reasonable time to produce for inspection any books records papers or documents in his custody possession or control the inspection whereof may tend to secure the payment of any stamp duty under this Act or to prove or lead to the discovery of any fraud or omission in relation to any such stamp duty, and may inspect the same and take any extracts therefrom.

15 1958. Stamps. No (2) Any person who Penalty for v J r ' failure &c. to (a) in contravention of this section fails neglects or refuses Xtruaion to produce for inspection any such books records &c - papers or documents when duly required under this section to.do so; or (b) delays or obstructs the said Comptroller or any such officer in carrying out his duties under this section shall be liable to a penalty of not more than Twenty pounds. (3) Where any instrument which ought to be but is not JtoweMo stamped or is insufficiently stamped is produced for inspection unstamped under this section, the said Comptroller or such officer may wnen nstrumem impound the same and such officer shall in due course hand the hereunder, same to the said Comptroller, and the said Comptroller shall retain any instrument impounded as aforesaid until the stamp duty or any penalty payable under this Act in respect thereof or both such duty and penalty has or have been paid. (4) The Comptroller of Stamps may impound any instrument General power which under this Act 0 f f gksks"..,,,., impound (a) ought to be but is not stamped; or r unstamped &c instruments. (b) is insufficiently stamped and may retain the same until the stamp duty or any penalty payable under this Act in respect thereof or both such duty and penalty has or have been paid. (5) When any instrument has been impounded pursuant to Power of the powers conferred by this section the Comptroller of Stamps to assess duty may notwithstanding anything in this Act assess the duty with nstmme U n ts led which such instrument is in his opinion chargeable, and the &c - provisions of this Act shall apply in respect of any such assessment in all respects as if it were an assessment made under section thirty-two of this Act pursuant to a requirement for an expression of opinion under that section. 37. Every person whose office it is to enrol register or enter Penalty for in or upon any rolls books or records any instrument chargeable any" 8 with any duty who enrols registers or enters any such instrument not duly not being duly stamped shall be liable to a penalty of Ten pounds stamped. s Except where express provision is made to the contrary HOW duties to (a) all duties may be denoted by adhesive stamps or NO. 52<MS. 38. impressed stamps or partly by adhesive and partly by impressed stamps; (6) when the whole or any part of the duty is denoted by an adhesive stamp, such adhesive stamp shall be cancelled by the person by whom the instrument is first executed;

16 Stamps. No Penalty. (c) in default of such cancellation, the person so executing the instrument shall be liable to a penalty of Ten pounds. General direction as to the cancellation of adhesive stamps. s. 39. Penalty for neglect or refusal. 39. (1) An instrument the duty upon which is permitted or required by law to be denoted either wholly or partly by an adhesive stamp shall not be deemed duly so stamped with an adhesive stamp (a) unless the person required by law to cancel such adhesive stamp cancels the same by writing on or across the stamp his name or initials or the name or initials of his firm together with the true date of his so writing so that the stamp may be effectually cancelled and rendered incapable of being used for any other instrument; or (b) unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time. (2) Every officer or person who being required by law to cancel an adhesive stamp wilfully neglects or refuses duly and effectually to do so in manner aforesaid shall be liable to a penalty of Five pounds. Moneys received {or and not appropriated to payment of any duty to be recoverable in Supreme Court. s. 40. Order of Supreme Court to person in default to show cause why he should not account. Order absolute. 40. (1) Every person who having received any sum of money as or for the duty upon or in respect of any instrument neglects or omits to appropriate such money to the due payment of such duty or otherwise improperly withholds or detains the same shall be accountable for the amount of such duty, and the same shall be a debt due from him to Her Majesty and recoverable as such accordingly. (2) The Supreme Court may upon application, made for that purpose on behalf of the Comptroller of Stamps upon such affidavit as appears sufficient, grant an order requiring any such person as aforesaid or the officer of any court or the executor or administrator of such person or officer to show cause (a) why he should not deliver to the Comptroller of Stamps an account upon oath of all duties and sums of money received by such person or officer; and (b) why the same should not be forthwith paid to the Comptroller of Stamps or to such other person as the Comptroller of Stamps appoints to receive the same. (3) The Court may make absolute any such order and enforce by attachment or otherwise the payment of any such duties or sums of money as on such proceedings appear to be due together with the costs of the proceedings.

17 1958. Stamps. No DIVISION 3. SPECIAL PROVISIONS. (1) Bills of Exchange and Promissory Notes. Interpretation. 41. For the purposes of this Part -Biuof "Bill of exchange" includes draft order cheque and letter exchange " of credit and any document or writing (except a bank note) entitling or purporting to entitle any person whether named therein or not to payment by any other person of or to draw upon any other person for any sum of money therein mentioned. " Bill of exchange payable on demand " includes "Buiof exchange (a) an order for the payment of any sum of money %% *$? by a bill of exchange or promissory note; (b) an order for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money; (c) an order for the payment of any sum of money out of any particular fund which may or may not be available or upon any condition or contingency which may or may not be performed or happen; (d) an order for the payment of any sum of money weekly monthly or at any other stated periods; (e) an order for the payment by any person at any time after the date thereof of any sum of money, if such order is sent or delivered by the person making the same to the person by whom the payment is to be made and not to the person to whom the payment is to be made or to any person on his behalf. " Promissory note" includes any document or writing «promissory (except a bank note) containing a promise to pay note- " any sum of money, and includes any note promising the payment of any sum of money out of any particular fund which may or may not be available or upon any condition or contingency which may or may not be performed or happen. 42. (1) The ad valorem duty upon a bill of exchange Or Ad valorem promissory note drawn or made in Victoria and payable in victo "an wus Victoria shall be denoted by an impressed stamp. be'dmoucu.y impressed stamps. (2) If within fourteen days after the execution of any such p^werw 3 ' 42 p rouer bill or note it is shown to the satisfaction of the Comptroller of ^sm a m Stamps by statutory declaration or otherwise that the failure to J* hi P e d use an impressed stamp at the time of such execution did not occur after 60 " ays execution in by reason of any wilful neglect or of any attempt to evade or avoid certain cases

18 Stamps. No the payment of the duty chargeable thereon, the Comptroller may impress such bill or note with a stamp denoting the amount of duty chargeable thereon, and such bill or note shall thereupon be as good useful or available in law or equity as though it had been duly stamped at the time when it was first executed. Denoting of fixed duty by adhesive stamp. s. 43; No s. 2. Collection of fixed stamp duty on cheques from bankers and issue of " duty paid " cheque forms. 43. (1) If the fixed duty on a bill of exchange payable on demand is not denoted by an impressed stamp, such duty may be denoted by an adhesive stamp which shall be cancelled by the person by whom the bill is signed before he delivers it out of his hands custody or power. (2) (a) The Comptroller of Stamps at his discretion may grant to any banker a licence enabling that banker to issue to customers cheque forms having the words " Stamp duty paid " printed thereon. (b) A cheque executed or made on such a cheque form issued by a banker pursuant to a licence in force under this sub-section shall be deemed to be duly stamped under this Act as a bill of exchange payable on demand. (c) Every such licence (i) shall be in such form conditions limitations Comptroller thinks fit; and contain such terms and restrictions as the (ii) in particular shall contain such conditions as the Comptroller thinks proper with respect to the payment of duty at the rate fixed in respect of cheques by this Act, which payment the banker holding the licence shall make to the Comptroller in respect of cheque forms issued by such banker; (iii) shall be revocable at any time at the will of the Comptroller. (d) The Governor in Council may make regulations for or with respect to (i) empowering the Comptroller to authorize any banker to print or have printed cheque forms for the purposes of this sub-section; (ii) prohibiting any person from printing such cheque forms or similar forms unless so authorized by the Comptroller; (iii) prescribing conditions to be observed by any person so authorized in the printing of such cheque forms; (iv) prescribing for the purposes of this sub-section the procedure to be followed by bankers and other persons printing such cheque forms and by bankers issuing such cheque forms, and for such purposes requiring prescribed returns and information to be furnished to the Comptroller;

19 1958. Stamps. No (v) prescribing penalties of not more than Fifty pounds for the breach of any regulation made under this sub-section. 44. (1) The ad valorem duty upon a bill of exchange or promissory note drawn or made out Of Victoria shall be denoted by an adhesive stamp. (2) Every person into whose hands any such bill or note comes in Victoria before it is stamped shall, before he presents for payment or endorses transfers or in any manner negotiates or pays such bill or note, affix thereto a proper adhesive stamp or proper adhesive stamps of sufficient amount and cancel every stamp so affixed thereto: Provided that (a) if at the time when any such bill or note comes into the hands of any bona fide holder thereof there is affixed thereto an adhesive stamp effectually obliterated and purporting and appearing to be duly cancelled, such stamp shall so far as relates to such holder be deemed to be duly cancelled although it may not appear to have been so affixed or cancelled by the proper person; and (b) if at the time when any such bill or note comes into the hands of any bona fide holder thereof there is affixed thereto an adhesive stamp not duly cancelled, it shall be competent for such holder to cancel such stamp as if he were the person by whom it was affixed, and upon his so doing such bill or note shall be deemed duly stamped and as valid and available as if the stamp had been duly cancelled by the person by whom it was affixed but nothing in this proviso shall relieve any person from any penalty incurred by him for not cancelling any adhesive stamp. (3) A bill of exchange or promissory note purporting to be drawn or made out of Victoria shall, for the purpose of determining the mode in which the stamp duty thereon is to be denoted, be deemed to have been so drawn or made although it may in fact have been drawn or made within Victoria. 45. Except as in this subdivision provided, no bill of exchange or promissory note shall be stamped after the execution thereof. 46. (1) When a bill of exchange purporting to be payable on demand is given and received under any agreement express or implied that payment thereof is not to be required or made within twenty-one days from the execution thereof or is given or renewed for the purpose of evading or avoiding payment of stamp duty, Ad valorem ' duties on foreign bills and notes to be denoted by adhesive stamps. s. 44. Duty of persons into whose hands foreign bills come. Protection of bona fide holders of foreign bills and notes. Not to relieve any other person. Bills purporting to be drawn outside Victoria deemed so drawn. Bills and notes not to be stamped after execution. s. 45. Certain bills of exchange to be stamped as promissory notes. s. 46.

20 Stamps. No Penalty and disabilities. Saving of bona fide holder for value. such bill of exchange and every renewal thereof shall be chargeable with the same stamp duty as a promissory note for the sum of money therein expressed. (2) If any person accepts issues indorses transfers negotiates presents for payment or pays any bill of exchange or renewal as aforesaid not duly stamped as a promissory note, he shall be liable to a penalty of treble the amount of duty which is payable on such bill or renewal under this Act, and the person who takes or receives from any other person any such bill or renewal either in payment or as a security or by purchase or otherwise shall not be entitled to recover thereon in any court or to make the same available or cognizable for any purpose whatever. (3) The penalties and disabilities contained in the last preceding sub-section shall not affect any bona fide holder for value of any such bill or renewal if such holder gives to the court judge or justice before whom any proceedings are taken against any person in respect of such bill or before whom the same is questioned satisfactory proof (a) that he took or received the same in bona fide ignorance of the fact that such bill or renewal was not duly stamped; and (b) that he was not guilty of any wilful neglect or want of care in taking or receiving the same and thereupon the court judge or justice may direct such holder to stamp the said bill or renewal with adhesive stamps of the amount of the ad valorem duty chargeable thereon in the first instance and to cancel such stamps; and such bill or renewal shall then so far as relates to such holder be deemed to be duly stamped. Penalty for issuing &c. any unstamped bill or note. s. 47. Unstamped bill or note to be unavailable. Exception when the bill is liable only to the fixed duty. Not to relieve from penalty. 47. Every person who draws makes issues indorses transfers negotiates presents for payment or pays any bill of exchange or promissory note liable to duty and not being duly stamped shall be liable to a penalty of not more than Ten pounds, and the person who takes or receives from any other person any such bill or note not being duly stamped either in payment or as security or by purchase or otherwise shall not be entitled to recover thereon or to make the same available for any purpose whatever: Provided that if any bill of exchange payable on demand is presented for payment unstamped, the person to whom it is so presented may affix thereto a proper adhesive stamp and cancel the same as if he had been the drawer of the bill, and may upon so doing pay the sum in the said bill mentioned and charge the duty in account against the person by whom the bill was drawn or deduct such duty from the said sum, and such bill shall so far as respects the duty be deemed good and valid; but nothing in this proviso shall relieve any person from any penalty he has incurred in relation to such bill:

21 1958. Stamps. No Provided further that if at the time when any bill of exchange Presumption or promissory note comes into the hands of any bona fide holder bona fide thereof there is affixed thereto a proper adhesive stamp or stamps receiving of sufficient amount effectually obliterated and purporting and stam P edbm - appearing to be duly cancelled, such bill of exchange or promissory note shall so far as relates to such holder be deemed to be duly stamped; but nothing in this proviso shall relieve any person from any penalty he has incurred in relation to such bill or promissory m to^, e t ve note. 48. (1) If at the trial before any court judge or justice of an action on a bill of exchange payable on demand it appears that there is affixed thereto a proper adhesive stamp purporting and appearing to be cancelled (a) the bona fide holder thereof for value shall not be deprived of his right to recover thereon by reason only of any irregularity or apparent irregularity in the cancellation of the said stamp if in the opinion of the court judge or justice the holder thereof at the time when the said bill came into his hands was in bona fide ignorance of such irregularity or apparent irregularity and there has not been any intent or attempt by him to avoid or evade payment of stamp duty; and (b) the court judge or justice may direct such holder to stamp the said bill at the trial with a proper adhesive stamp and to cancel such stamp, and such bill shall then so far as relates to such holder be deemed to be duly stamped. (2) This section shall not relieve any person from any penalty he has incurred in relation to such bill. When bona fide holder may recover on bill of exchange notwithstanding irregularity in mode of cancelling stamp. s (1) When a bill of exchange is drawn in a set according one wii only to the custom of merchants and one of the set is duly stamped, the j <?, bj set other or others of the set shall unless issued or in some manner stamped. negotiated apart from such duly stamped bill be exempt from duty. No s (2) Upon proof of the loss or destruction of a duly stamped bill forming one of a set, any other bill of the set which has not been issued or in any manner negotiated apart from such lost or destroyed bill may although unstamped be admitted in evidence to prove the contents of such lost or destroyed bill. (2) Receipts. 50. For the purposes of this Part " receipt" means any note interpretation, memorandum or writing whatsoever (a) whereby any money amounting to Two pounds or upwards or any bill of exchange or promissory note for money amounting to Two pounds or upwards is acknowledged or expressed to have been received or deposited or paid; or Not to relieve from penalty. -Receipt." No s. 50.

22 Stamps. No (b) whereby any debt or demand or any part of a debt or demand of the amount of Two pounds or upwards is acknowledged to have been settled satisfied or discharged; or (c) which signifies or imports any such acknowledgment whether the same is or is not signed with the name of any person, and includes any cash sale docket that is to say an instrument, issued tendered or forwarded to a purchaser of goods amounting to Two pounds or upwards in value by the proprietor of or any salesman or other officer or employe in any wholesale or retail establishment immediately on the occasion of the purchase, which denotes the amount then paid therefor but does not acknowledge the receipt of such amount. Denoting duty by adhesive stamp. s If the duty upon a receipt is not denoted by an impressed stamp, such duty may be denoted by an adhesive stamp which shall be cancelled by the person by whom the receipt is given before he delivers it out of his hands. As to stamping receipts given without stamp. s. 52. Penally lor offences. s A receipt given without being stamped may be stamped with an impressed stamp (a) within one month after it has been given on payment of the duty and a penalty of Two pounds; (b) after one month but within two months after it has been given on payment of the duty and a penalty of Five pounds; (c) after two months after it has been given on payment of the duty and a penalty of Ten pounds, and such penalty shall in no case be mitigated or remitted pursuant to this Act to a less amount than Ten shillings but this section shall not apply to receipts implied or expressed in instruments to be registered in the office of the Registrar-General or the Office of Titles or to receipts which have been executed at any place out of Victoria, which instruments or receipts (as the case may be) may be stamped after execution as provided in section twenty-eight of this Act. 53. (1) Every person who (a) gives any receipt liable to duty and not duly stamped; or (b) in any case where a receipt would be liable to duty refuses to give a receipt duly stamped; or (c) upon a payment of the amount of Two pounds or upwards gives a receipt for a sum not amounting to Two pounds or separates or divides the amount paid with intent to evade the duty shall be liable to a penalty of not more than Five pounds.

23 1958. Stamps. No (2) An information for any offence under this section may be laid at any time within three years from and after the date on which the offence was committed. (3) Bills of Lading. 54. For the purposes of this Part " bill of lading every instrument given in lieu of a bill of lading. includes 55. (1) A bill of lading shall not be stamped after the execution thereof. (2) Every person who makes executes or transfers any bill ol lading not being duly stamped shall be liable to a penalty of not more than Fifty pounds. (4) Transfer of Marketable Securities; Direction as to certain Shares. Interpretation. " Bill of lading." s. 54. Bills of lading not to be stamped after execution. No.'5204 s. 55. Penalty. 56. (1) Every transfer of any marketable security or right in stamping of respect of shares which is liable to duty under this Act shall be m?ke«?b?e f stamped by the transferee within one month after the same has securities &c. been executed by the transferee, or, in case it was executed by the N : <si041: if! transferee out of Victoria, after the same has been first received in Victoria after such execution except that, in any case where within the said period of one month the opinion of the Comptroller of Stamps is required with respect to the amount of duty with which the transfer is chargeable, the transfer shall be stamped by the transferee within fourteen days after notice of the assessment. (2) If any transfer of a marketable security or right in respect penalty, of shares which is liable to duty under this Act is not duly stamped within the appropriate period prescribed by this section, the transferee shall be guilty of an offence and for every such offence shall be liable to a penalty of not more than Fifty pounds. 57. (1) The duty on a transfer on sale of any marketable Transfer, how security or right in respect of shares, if made upon a consideration ^"saw s. 57 in money or money's worth of not less than the unencumbered value thereof, may be denoted by an adhesive stamp. (2) The duty on any other transfer of a marketable security or right in respect of snares shall be denoted by an impressed stamp. (3) Every adhesive stamp on a transfer on sale aforesaid cancelling shall be cancelled by the transferee.?t d amp ive 58. (1) No transfer of any marketable security or right in J^/& f respect of shares (other than a transfer in respect of shares on Hawe s toduty a branch register situate outside Victoria) shall if such transfer registered &c : is liable to duty under this Act be registered recorded or entered stam?ed U &c. s. 58.

24 Stamps. No Instrument ot transfer to be retained br company. Penalty., Saving of title of transferee or subsequent holder after registration of unstamped transfer &c Statements by sharebrokers &c. of sales of marketable securities &c purchased without executed transfer ; No a. 14. in the books of the corporation company or society in Victoria unless (a) a proper instrument of transfer has been delivered to the corporation company or society wherein, in the case of a transfer by way of sale, the consideration therefor is expressed in terms of money and the actual date of sale and the date or dates of execution by the transferor and the tranferee are set out; and (b) such instrument is duly stamped. (2) After a transfer of any marketable security or of any right in respect of shares has been registered recorded or entered in the books of the corporation company or society in Victoria the instrument of transfer shall be retained in Victoria by the corporation company or society for a period of not less than three years. (3) If any corporation company or society contravenes or fails to observe any of the provisions of this section that corporation company or society shall be guilty of an offence and for every such offence be liable to a penalty of not more than Fifty pounds. (4) The right or title of any transferee or subsequent holder of any marketable security or right in respect of shares shall not be invalidated by reason only that the transfer of such security or right was registered recorded or entered in contravention of the provisions of this section in the books of any corporation company or society. 59. (1) Every sharebroker or stockbroker and every person (including any trustee company) who sells any marketable securities or rights in respect of shares otherwise than through the agency of a sharebroker or stockbroker shall (a) furnish to the Comptroller of Stamps before the fifteenth day of each month a statement in duplicate in the prescribed form verified by statutory declaration setting out the prescribed particulars of all sales effected or made by him (whether on his own behalf or as agent for another) during the last preceding month of any marketable securities or rights in respect of shares upon the previous purchase of which by him or by his agency (as the case may be) no instrument of transfer was executed or, in the case of any person (including any trustee company) who sells such securities or rights as trustee for any person to himself as trustee for another person, upon the purchase of which then made on behalf of such other person no instrument of transfer is executed; and

25 1958. Stamps. No (b) pay in cash to the Comptroller of Stamps as stamp Duty on duty on such statement a sum equal to the total statemem - amount of stamp duty which if an instrument of transfer had been executed upon each of such purchases would have been payable on all such instruments: Provided that no such stamp duty shall be payable in respect of the purchase by a sharebroker or stockbroker on his own behalf of any marketable securities or rights in respect of shares which such sharebroker or stockbroker sells within five clear days (not including any day upon which the stock exchange of which he is a member is closed) after such purchase. (2) It shall not be necessary for the Comptroller of Stamps Statement to to give a receipt for such payment which shall be certified or ^lui tamped denoted on the original statement by an impressed stamp. stampf** 1 (3) The statement so stamped shall be Retention of stamped (a) returned to the sharebroker or stockbroker or other statement. person making the statement; and (b) retained by him for a period of at least three years. (4) Any sharebroker or stockbroker or other person who Recoups &c. pays any amount to the Comptroller of Stamps under this section may (a) retain the same out of any moneys in his hands belonging to the purchaser of the marketable security or right in respect of shares; or (b) recover such amount from the said purchaser in a court of petty sessions as a civil debt recoverable summarily or in any court of competent jurisdiction. (5) Any sharebroker or stockbroker or other person who Penalty, fails to comply with any of the provisions of this section shall be guilty of an offence and for every such offence shall be liable to a penalty of not more than Fifty pounds. 60. (1) Where issue or.. allotment of (a) any person; or dsrec1 by (ft) the nominees of any person; or (c) any person or his nominees; or (d) any person and his nominees (and any such person is hereinafter referred to as " the nominator ") is or are entitled to have issued or allotted to him or to them or to him or them or to him and them any shares in any company within the meaning of the Companies Act 1938, if such company issues or allots any of such shares to any such nominee or to any other person (other than the nominator or NO.5204S.«>.

26 Stamps. No Direction, how stamped. his trustee or legal personal representative) except upon a duly stamped direction in writing given to the company by the nominator, the company shall be guilty of an offence and for every such offence shall be liable to a penalty of not more than One hundred pounds: Provided that nothing in this sub-section shall apply in the case of (i) any sale of any shares or right in respect of shares in regard to which an instrument of transfer has been executed and is required to be and is duly stamped pursuant to this Act; or (ii) a direction given by the underwriter in any contract for underwriting shares upon the first issue thereof by any such company. (2) The duty on a direction aforesaid shall be denoted by an impressed stamp. Cancellation of adhesive stamp., s. 61. (5) Warehouseman's Certificate. 61. If the duty upon any certificate receipt or acknowledgment issued by or on behalf of the proprietor or occupier of any warehouse or store for any goods stored therein is denoted by an adhesive stamp, such stamp shall be cancelled by the person by whom the instrument is made executed or issued. Penalty for use of unstamped or untrue warrant order &c. s. 62. Receipt valid in hands of innocent holder. 62. (1) Every person who (a) makes signs executes or transfers any certificate receipt or acknowledgment issued by or on behalf of the proprietor or occupier of any warehouse or store for any goods stored therein not being duly stamped; or (b) knowingly either himself or by his servant or any other person delivers or procures or authorizes the delivery of any goods mentioned in any certificate receipt or acknowledgment issued by or on behalf of the proprietor or occupier of any warehouse or store for any goods stored therein which is not duly stamped or which contains to his knowledge any false statement with reference either to the nature of the transaction or the value of the goods therein mentioned shall be liable to a penalty of not more than Twenty pounds. (2) A certificate receipt or acknowledgment as aforesaid shall not by reason of the same being unstamped be deemed invalid in the hands of the person having the custody of or delivering out the goods therein mentioned unless such person is proved to have been party or privy to some fraud on the revenue in relation thereto.

27 1958. Stamps. No (6) Conveyance or Transfer on Sale of any Real Property or any Estate or Interest therein; Land Transfer; Exchange. (a) 63. (1) For the purposes of this Part " conveyance or interpretation, transfer on sale of any real property " includes every instrument * or c t? a, f 3 n ( and every decree or order of any court or of the Registrar saieof any rc&l of Titles whereby any real property or any estate or interest in property "&c. any real property upon the sale of such property estate or interest NoiiiMsiie! is transferred to or vested in the purchaser or any other person on his behalf or by his direction. (2) In this subdivision "conveyance" includes "transfer" and " convey " includes " transfer " and " conveyance on sale " means " conveyance or transfer on sale of any real property " and " real property" means " real property or any estate or interest therein ". 64. (1) Any lease for which any consideration other than the A lease with rent reserved is paid or agreed to be paid, and in which any fswretafsfer covenant or agreement for the future transfer or sale of the d^med'a 1 * fee-simple on the occurrence of any contingency whatsoever is g^ron expressed or implied, shall be and be deemed to be a conveyance sale on sale, and shall on such transfer or sale be exempt from any further duty. (2) Every instrument by which the right or interest of any Assignment n/>^o» n person of interest under will (a) under the will or codicil of any deceased person estate ta disposing of any real property; or comprising (6) in or under the estate of any deceased person aee 1 me r d perty comprising any real property on" v a1e ance is transferred or assigned (otherwise than by way of security) for adequate valuable consideration shall, notwithstanding that such will codicil or estate has not been fully administered, be deemed to be a conveyance on sale and shall be 'chargeable with stamp duty accordingly upon such part of the amount or value of the consideration for such transfer or assignment as in the opinion of the Comptroller of Stamps is attributable to such real property. (3) Every instrument by which the right title or interest of any Transfer of lessee in any Crown leasehold is transferred or assigned for r as5ioid adequate valuable consideration shall be deemed to be a con^ance f conveyance on sale and shall be chargeable with stamp duty ^r0f e r e i on accordingly upon the freehold value of the land comprised in such propeuy. Crown leasehold. For the purposes of this sub-section " Crown leasehold" Interpretation means any lease under the Closer Settlement Act 1938 or any JeVseho?^ corresponding previous enactment or the Land Act 1958 or any other Act or enactment in respect of which a Crown grant in (a) As to duties on creation or surrender of easements, see section 137 and Third Schedule, Heading XX.

28 Stamps. No Duty ou exchanges of teal property. s. 65. Stamp duty on exchanges of interests under leases or of real property and interests under leases. How ad valorem duty to be calculated in respect of securities. s. 66; No s. 17. How consideration consisting of periodical payments to be charged. s. 67. fee-simple is by law directed or authorized to be made to the lessee upon payment of all sums (whether referred to as rent or otherwise) reserved thereby and upon compliance with the other covenants of the lease. 65. (1) Upon the exchange of any real property for any other real property duty as on a conveyance on sale shall be paid on the several instruments of conveyance effecting the exchange, each of such instruments being chargeable with ad valorem duty on the value of the real property conveyed thereby, and in the event of more than one exchange being effected by such instruments ad valorem duty as on a conveyance on sale shall be paid in respect of each exchange effected thereby on the value of the real property affected. (2) Upon the exchange of any real property for the interest of a lessee under a lease of lands or tenements, or upon the exchange of the interest of a lessee under a lease of lands or tenements for the interest of any other lessee under a lease of any other lands or tenements, duty as on an exchange of any real property for any other real property shall be paid on the instrument or on each of the instruments of conveyance or assignment (as the case may be) effecting the exchange, such instrument or each of such instruments being chargeable with ad valorem duty on the value of the real property or the lessee's interest conveyed or assigned thereby, and in the event of more than one exchange being effected by any such instrument or instruments ad valorem duty as aforesaid shall be paid in respect of each exchange effected thereby on the value of the real property or lessee's interest affected. 66. (1) Where the consideration or any part of the consideration for a conveyance on sale consists of any marketable security, such conveyance shall be charged with ad valorem duty in respect of the unencumbered value of such security. (2) Where the consideration or any part of the consideration for a conveyance on sale consists of any security not being a marketable security, such conveyance shall be charged with ad valorem duty in respect of the amount due on the day of the date thereof for principal and interest upon such security. 67o (1) Where the consideration or any part of the consideration for a conveyance on sale consists of money payable periodically for a definite period so that the total amount to be paid can be previously ascertained, such conveyance shall be charged in respect of such consideration with ad valorem duty on such total amount. (2) Where the consideration or any part of the consideration for a conveyance on sale consists of money payable periodically in perpetuity or for any indefinite period not terminable with life, such conveyance shall be charged in respect of such

29 1958. Stamps. No consideration with ad valorem duty on the total amount which will or may according to the terms of sale be payable during the period of twenty years next after the day of the date of such instrument. (3) Where the consideration or any part of the consideration for a conveyance on sale consists of money payable periodically during any life or lives, such conveyance shall be charged in respect of such consideration with ad valorem duty on the amount which will or may according to the terms of sale be payable during the period of twelve years next after the day of the date of such instrument. (4) No conveyance on sale chargeable with ad valorem duty Provision or in respect of any periodical payments which contains provision io?secur?ng for securing such periodical payments shall be charged with any pujs^not duty whatsoever in respect of such provision, and no separate $t^d c uty rbed instrument made in any such case for securing such periodical payments shall be charged with any duty. 68. (1) Where any real property is conveyed to any person How subject either certainly or contingently to the payment or transfer subject to of any money or marketable security whether being or constituting pay^lt & c. a charge or incumbrance upon the property or not, such money «** ^a" 1 - or marketable security shall be deemed the whole or part (as the " case may be) of the consideration in respect whereof the conveyance is chargeable with ad valorem duty. (2) Where any real property is conveyed to any person in Property. consideration either wholly or in part of any debt due to such satisfaction person, such debt shall be deemed the whole or part (as the case ^a^abie may be) of the consideration for the property conveyed, and ^eyance $a such conveyance shall be chargeable with the same ad valorem on sale, duty as a conveyance on sale for the same consideration. 69. The cancellation of any contract for the sale of real Reconveyance property which has been conveyed to the purchaser and the not exempt reconveyance of such property to the vendor under such contract ^""wots 69 shall not operate to exempt such reconveyance from payment of stamp duty as on a conveyance on sale. 70. (1) Where any real property contracted to be sold for Property sow one consideration for the whole is conveyed to the purchaser in consideration separate parts or parcels by different instruments, the consideration mz%zx by shall --- be apportioned... in such. manner as the. parties.. think.. fit, so instruments instruments. - that a distinct consideration for each separate part or parcel is set forth in the conveyance relating thereto, and such conveyance shall be charged with ad valorem duty in respect of such distinct consideration. (2) Where real property contracted to be purchased for one Pr r* rt y, consideration for the whole by two or more persons jointly or by Fo/one S any person for himself and others or wholly for others is conveyed conveyed to in parts or parcels by separate instruments to the persons by or { b^nc o I?!e rsoi,s

30 Stamps. No Every sale of property to be chargeable with ad valorem duty. Where part only of property is included in conveyance. Consideration to be truly stated. Incidence of duty. Penalties. As to the sale of annuity or right not before in existence. s. 71. for whom the same was purchased for distinct parts of the consideration, the conveyance of each separate part or parcel shall be charged with ad valorem duty in respect of the distinct part of the consideration therein specified. (3) Every sale of real property shall be chargeable with ad valorem duty upon the consideration therefor, and such duty shall be paid on the conveyance which seeks to give effect whether directly or indirectly to every such sale. (4) Where part only of the real property the subject-matter of a sale is included in a conveyance the consideration in respect of the whole of the real property the subject-matter of such sale shall be apportioned and ad valorem duty shall be payable accordingly. The duty payable shall be ascertained by determining the ratio which the value of the real property affected by the conveyance bears to the value of the whole real property affected by the sale and such value shall be stated in the said conveyance. (5) Every party to a conveyance and every person employed or concerned in or about the preparation of any conveyance shall fully and truly set forth in precise terms in such conveyance (a) the consideration moving from the original purchaser; and (b) the consideration moving from any sub-purchaser or sub-purchasers who are or who at any time have been interested in the real property the subject-matter of the said conveyance or any part or parts thereof. (6) The duty payable on a sale of real property shall be borne by the purchaser at such sale, and any contract or agreement whereby he seeks to relieve himself from liability therefor shall be ineffective to relieve him from such liability or to impose upon any other person any liability therefor or any obligation to recoup such purchaser or to indemnify him or keep him indemnified against the payment thereof or any part thereof. (7) Every person who with intent to defraud Her Majesty (a) executes any conveyance in which all the requisite facts and circumstances are not fully and truly set forth; or (b) being employed or concerned in or about the preparation of any such conveyance neglects or omits fully and truly to set forth therein all the said facts and circumstances shall be liable to a penalty of Ten pounds. 71. Where upon the sale of any annuity or other right not before in existence such annuity or other right is not created by actual grant or conveyance but is only secured by bond warrant of attorney covenant contract or otherwise, the bond or other instrument or some one of such instruments if there are more than

31 1958. Stamps. No one shall be charged with the same duty as an actual grant or conveyance, and shall for all the purposes of this Part be deemed an instrument of conveyance on sale. 72. Where there are several instruments of conveyance for completing the purchaser's title to the real property sold the principal instrument of conveyance only shall be charged with ad valorem duty, and the other instruments shall be respectively charged with such other duty as they are liable to, but such last-mentioned duty shall not exceed the ad valorem duty payable in respect of the principal instrument, and the parties, with the approval of the Comptroller of Stamps, may determine for themselves which of such several instruments shall be deemed the principal instrument and may pay the ad valorem duty thereon accordingly. 73. Every mortgage lease or instrument executed in order either directly or indirectly to avoid or evade the payment of any stamp duty chargeable on a conveyance on sale or part of any such duty shall be and the same is hereby declared to be absolutely void and of no effect except after transfer of the same to third parties, and then only when such mortgage lease or instrument has been duly stamped as a conveyance on sale under section twenty-eight of this Act. 74. The duty upon any conveyance on sale shall be paid in money to the Comptroller of Stamps and denoted by an impressed stamp. (7) Partition or Division of Real Property or any Estate or Interest therein. 75. (1) Where upon the partition or division of any real property or any estate or interest therein any consideration is paid or given or agreed to be paid or given for equality, the principal or only instrument whereby the partition or division is effected shall be charged with the same ad valorem duty as a conveyance or transfer on sale of any real property for such consideration and with that duty only. (2) Where in any such case there are several instruments for completing the title of either party, the principal instrument shall be ascertained and the other instruments shall be charged with duty in the manner provided in the last preceding subdivision in the case of several instruments of conveyance. (8) Lease or Agreement for a Lease. 76. For the purposes of this Part " Lease " includes any agreement for a lease but does not include any clause in any deed or instrument of mortgage providing for attornment by a mortgagor and does not include any clause in any contract of sale providing for attornment by the purchaser under such contract of sale. Where several instruments the principal instrument only to oe charged with ad valorem duty. s. 72. Mortgages leases &c. executed In order to evade duty absolutely void. s. 73. Duty on conveyance on Sale to be denoted by impressed stamp. s. 74. As to partition &c. s. 75. Interpretation. s. 76. " Lease."

32 Stamps. No ' Tenements.' Agreement to be charged as if a lease. s. 77. Lease subsequent to agreement not to be charged. Lease for definite term. Leases how to be charged In respect of produce &c. s. 78. " Tenements " includes any office room or apartment in any tenement. 77. (1) An agreement for a lease of any lands or tenements for any definite or any indefinite term shall be charged with the same duty as if it was an actual lease made for the term and consideration mentioned in the agreement. (2) A lease made subsequently to and in conformity with and for the purpose of carrying into effect such an agreement duly stamped shall not be charged with duty. (3) Where by reason of any provision in a lease tenancy (whether expressed as a weekly monthly quarterly half-yearly or yearly tenancy or otherwise) is subject to the provisions of the lease to continue for some specified period of twelve months or more or until some specified time twelve months or more later than the commencement of the lease that lease shall for the purposes of this Act be deemed to be a lease for a definite term ending at the termination of that period or at that time. 78. (1) Where the consideration or any part of the consideration for which a lease is granted or agreed to be granted consists of any produce or other goods, the value of the produce or goods shall be deemed a consideration in respect of which the lease is chargeable with ad valorem duty. (2) Where it is stipulated that the value of the produce or goods shall amount at least to or is not to exceed a given sum or where the lessee is specially charged with or has the option of paying after any permanent rate of conversion, the value of the produce or goods shall, for the purpose of assessing the ad valorem duty, be estimated at the given sum or according to the permanent rate. (3) A lease made either wholly or partially for any such consideration, if it contains a statement of the value thereof and is stamped in accordance with the statement, shall, so far as regards the subject-matter of the statement, be deemed duly stamped until it is otherwise shown that the statement is incorrect and that the lease is in fact not duly stamped. Duty chargeable where instrument of lease &c. of land relates also to other matters. s. 79; No s Where any instrument by which a lease of any lands or tenements is granted or agreed to be granted relates in part to the grant or agreement to grant such lease and in part to the grant or agreement to grant other rights or interests, stamp duty shall be chargeable upon such part of the amount or value of the consideration as, having regard to the nature and term of the lease and the nature of such other rights or interests, is properly attributable to the grant or agreement to grant such lease; and the Comptroller of Stamps may assess the duty with which the instrument is in his opinion chargeable, and the

33 1958. Stamps. No provisions of this Act shall apply in respect of any such assessment in all respects as if it were an assessment made under section thirty-two of this Act pursuant to a requirement for an expression of opinion under that section. 80. Where stamp duty has been paid upon any lease or agreement for a lease for any definite term of not less than two years and the lease so granted or agreed to be granted is surrendered forfeited or otherwise determined before the expiration of the full term in respect of which duty was paid, the Comptroller of Stamps shall, upon application to him within three months after such surrender forfeiture or other determination and upon the lease or agreement for a lease upon which stamp duty was paid being given up to him, refund to the lessee or (where the lease has been transferred or assigned) to the transferee or assignee an amount in money equivalent to the difference between the stamp duty actually paid and the stamp duty which would have been payable if the lease so granted or agreed to be granted had been expressed to expire at the date of such surrender forfeiture or other determination. 81. (1) A lease shall not be charged with any duty in Directions a» respect of any penal rent or increased rate in the nature of a cert^n rases. penal rent thereby reserved or agreed to be reserved or made No.52ft4s.8i; payable or by reason of being made in consideration of the M " *"" '" surrender or abandonment of any existing lease of or relating to the same subject-matter. (2) A lease made for any consideration in respect whereof it is chargeable with ad valorem duty and in further consideration either of a covenant by the lessee to make or of his having previously made any substantial improvement of or addition to the property demised to him or of any covenant relating to the matter of the lease shall not be charged with any duty in respect of such further consideration. (3) An instrument whereby the rent reserved by any lease (whether in writing or not) is increased shall subject to this Act be chargeable with duty as a lease but in consideration only of the additional rent thereby made payable. (4) Where several instruments are executed for the purpose of effecting a lease of the same property one only of such instruments shall be charged with the ad valorem duty. 82. The stamp duty upon any lease or agreement for a lease of any lands or tenements shall be payable by the lessee or the person to whom such lease is agreed to be granted (as the case may be), and the stamp duty upon any transfer or assignment of any such lease shall be payable by the transferee or assignee (as the case may be). Refund of part of duty on early determination of certain leases. *. 80. Lessee, transferee and assignee Ix. liable to payment of duty. s. 82.

34 Stamps. No Additional duty where rental under lease re-appraised. No s. 22. Interpretation : No s. 24. " Addition." 83. (1) Where, pursuant to sub-paragraph (b) of paragraph (2) under the heading "VIII. LEASE or agreement for a.lease of any lands or tenements for any definite or indefinite term " in the Third Schedule, duty is payable on the total consideration for the full term of a lease and the rent reserved by such lease is subject to re-appraisement in any way whatsoever during the term of the lease so that the total consideration is not immediately ascertainable, duty shall in the first instance be payable upon the total consideration appropriate to the full term of the lease calculated upon the basis of the continuation of payment of the highest rent payable thereunder at any time before the date when the first re-appraisement becomes effective. (2) Whenever the rent is re-appraised or a re-appraised rent is further re-appraised and thereby the rent is increased, the lessee or (as the case requires) the assignee for the time being of the lease shall within one month of such increase becoming effective produce to the Comptroller of Stamps a duly stamped part of the lease together with a statutory declaration setting out the amount and particulars of the increase and shall pay to the Comptroller additional duty as upon a lease pursuant to the said sub-paragraph (b) of paragraph (2) under the said heading in respect of the additional consideration thereby payable for the full remaining term of the lease notwithstanding that such additional consideration does not exceed the rate of Sixty-five pounds per annum. (3) In any case where the rent reserved by the lease does not exceed the rate of Sixty-five pounds per annum but is as a result of any re-appraisement increased above the rate of Sixty-five pounds per annum the foregoing provisions of this section shall apply with this modification, namely, that on the taking effect of the re-appraisement which so increases the rent the duty payable shall be calculated on the basis of the total consideration payable for the full remaining term of the lease. (4) Every person who contravenes or fails to comply with the provisions of this section shall be liable to a penalty of not more than One hundred pounds. (9) Settlement or Gift, Deed of. 84. In this subdivision unless inconsistent with the context or subject-matter " Addition " includes (a) any property that (i) by gift conveyance transfer or declaration of trust by the settlor or donor; or (ii) by declaration of trust by the trustee for the time being of the original instrument or any further instrument; or

35 Stamps. No (iii) by entry in any book or account or paper of the settlor or donor or trustee : executed or made after the original instrument or further instrument is first executed is added to or becomes subject to the original instrument or further instrument; and (b) any accretion (i) to the property comprised in the original instrument or any further instrument or added to or becoming subject to the original instrument or any further instrument by entry as aforesaid; or (ii) to the value of such property; or (iii) to the interest therein of the beneficiaries under the original instrument that arises from any payment of purchase money or from any payment made in partial or complete discharge of any mortgage debt or certain charge to which the property was subject when the original instrument was executed or from any other act by the settlor or donor or trustee executed or done after the original instrument or further instrument is first executed but does not include any accretion to the property comprised in the original instrument or any further instrument or added to or becoming subject to the original instrument or any further instrument by entry as aforesaid or any accretion to its value or to the interest therein of the beneficiaries under the original instrument that arises from the receipt or accumulation of income of any property comprised in the original instrument or further instrument or of any property added to or becoming subject to the orignal instrument or any further instrument by entry as aforesaid, whether such income is treated as capital or not; or upon realization of any such property; or upon an issue of shares stock or securities by a company out of its profits reserves or capital.

36 Stamps. No " Further instrument.' " Original instrument.' ' Settlor " ' donor" ' trustee." Duty on deed of gift or settlement, how denoted and by whom payable. s. 84; No s. 4 (1) (6). Duties to be paid within three months after execution of deed. Penalty on default " Further instrument " means a deed of settlement or deed of gift executed by the person or persons or one or more of the persons (whether any other persons execute the deed as settlors or donors or not) who executed the original instrument in favour of the same donees or persons who benefited under the original instrument or in favour of any one or more of them (whether or not any persons benefit under the further instrument who did not benefit under the original instrument). " Original instrument" means any deed of settlement or deed of gift. " Settlor " " donor " and " trustee " include any agent of or trustee or person acting for a settlor donor or trustee (as the case may be) or for any one or more of two or more settlors donors or trustees (as the case may be). (2) For the purposes of this subdivision where in a deed of gift of real property there is as part of the consideration a pecuniary consideration which is inadequate such deed shall (a) to the extent of the inadequacy be an instrument whereby property is given or agreed to be given and subject to this Act be chargeable with duty accordingly; and (b) to the extent of the said pecuniary consideration be chargeable with duty as a conveyance or transfer on sale of real property. 85. (1) The stamp duty upon any deed of settlement or deed of gift shall be paid in money to the Comptroller of Stamps and denoted by an impressed stamp and shall be payable (a) in the case of a deed of settlement, by the settlor; and (b) in the case of a deed of gift, by the donee or donees. (2) The stamp duty upon any deed of settlement or deed of gift shall be paid within three months after the execution of the deed by the settlor or donor, and shall be in addition to the duty (if any) payable under any Act imposing duties upon the estates of deceased persons. (3) If any deed of settlement or gift is presented for assessment more than three months but not more than four months after the execution thereof there shall be payable thereon a penalty (in addition to the duty) at the rate of Ten pounds per centum on the amount of the duty payable under this Act. (4) If any such deed is so presented more than four months after such execution there shall be payable thereon a penalty (in addition to the duty) at the rate of Fifty pounds per centum on the amount of duty so payable.

37 1958. Stamps. No (5) In no case shall the last-mentioned penalty be less than Five pounds in addition to any other penalty. (6) Where a penalty is payable on any deed pursuant to this section there shall also by way of further penalty on such deed be payable thereon interest on the unpaid duty at the rate of Eight pounds per centum per annum from the day upon which the deed was first executed up to the time when such interest is equal in amount to the unpaid duty. (7) The payment of any penalty or penalties is to be denoted by a particular stamp. 86. Where any money which may become due or payable AS to settlement or upon any security (not being a marketable secunty) is settled or gift of given or agreed to be settled or given, the instrument whereby No^oi s. 85; such settlement or gift is made or agreed to be made shall be Noieiwia: charged with ad valorem duty in respect of such money, and in the case of a marketable security shall be charged with the ad valorem duty on the unencumbered value of such security. 87. (1) Where several instruments are executed for effecting Where several the settlement or gift of the same property, one only of such ^osyto'be instruments shall be charged with the ad valorem duty. S"ltor«^th (2) Where a settlement or gift is made in pursuance of any previous agreement or articles upon which the duty payable on a deed of settlement or gift has been paid in respect of the same property, such settlement or gift shall not be charged with any ad valorem duty. 88. (1) Where any addition is made to the property comprised in the original instrument or any further instrument and stamp duty has not previously been paid on the amount or value of that addition, a statutory declaration of the amount or value of the addition in the prescribed form shall be made by the trustee or some person acquiring an estate or interest therein or (in case of a corporation) by some person on behalf of the corporation, and that declaration shall for the purpose of stamp duty be deemed to be a further instrument executed on the day on which the addition is added to or becomes subject to the original instrument or further instrument. (2) For the purposes of this Part, in any case where (a) the settlor or donor who executed any original instrument executes subsequently one or more further instruments; or (b) any addition is made to the original instrument or any further instrument and stamp. duty has not previously been paid on the amount or value of that addition; or VOL. vn. 32 Deed of settlement of gift providing For future amounts, how to be charged Stamp duty where settled &c. by two or more instruments to

38 Stamps. No (c) both a further instrument is executed and an addition is made then the amount or value of the property comprised in each such further instrument and the amount or value of each such addition executed or made within twelve months immediately prior to the date of the instrument last executed or the date of the addition last made (whichever is the later date) shall, together with the amount or value of the property comprised in such original instrument (if executed within twelve months immediately prior to the date of the instrument last executed or the date of the addition last made, whichever is the later) and together with the amount or value of the property comprised in the instrument last executed or addition last made (whichever is the later), be regarded for the purpose of stamp duty as property comprised within one instrument; and the further instrument last executed or the statutory declaration with respect to the addition last made (whichever is the later) shall be chargeable with stamp duty calculated on the aggregate sum of the values of the property so deemed to be comprised in one instrument; but from the stamp duty so calculated there shall be deducted all payments of stamp duty previously made in respect of any such property and the balance only shall be payable as stamp duty in respect of the further instrument last executed or addition last made (whichever is the later). Instruments in favour of objects of power of appointment in certain cases not liable to duty. s Where any person is specially named or described as the object of a power of appointment in a settlement or gift on which ad valorem duty has been paid or in a will in respect of property on which duty under any Act imposing duties on the estates of deceased persons has been paid, an instrument of appointment in favour of such person in respect of such property shall not be liable to duty. Mortgage debt or charge to be deducted when assessing duty on value of property. s. 89; No s (1) When the property comprised in any deed ol settlement or gift is subject to any mortgage debt or certain charge annual or otherwise created prior to the execution of the deed of settlement or gift, such deed shall be liable to the duty payable on the amount or value of such property after a deduction has been made of the amount of such mortgage debt or charge. (2) Where such charge consists of money payable periodically for a definite period or periodically in perpetuity or for an indefinite period or periodically during any life or lives, the amount of such charge in respect of which such deduction is made shall be calculated in the same manner as provided by section sixty-seven of this Act in the case of the consideration on conveyances on sale payable periodically.

39 1958. Stamps. No (3) Where any such mortgage debt or charge as aforesaid Deduction where is secured upon any property comprised in the deed of settlement mortgage or or gift together with other property not comprised in such deed, secured in the deduction to be made as aforesaid shall be of such part of the p^pert" amount of such mortgage debt or charge as bears to the whole 3f rised,n amount thereof the same proportion as the amount or value of any such property comprised in die deed bears to the amount or value of the whole property upon which such mortgage debt or charge is secured. (4) Where the value of such mortgage debt or charge is not less than the value of the property comprised in the instrument, being a deed of gift of real property or any estate or interest therein or of marketable securities or rights in respect of shares, the instrument shall for the purposes of this Act be deemed to be a conveyance or transfer on sale of such real property or estate or interest therein or (as the case requires) a transfer on sale for a consideration in money or money's worth of not less than the unencumbered value of such marketable securities or rights in respect of shares for a consideration equal to the value of such mortgage debt or charge. 91. (1) (a) For the purpose of assessing the duty payable on Assessment any deed of setdement or gift the following provisions of this Comptroller sub-section shall apply. gj ; m. (b) The trustee or some person acquiring an estate or interest No s-27. in property diereunder or any addition thereto, or in the case of a corporation some person on behalf of the corporation, shall produce to the Comptroller of Stamps such deed together with (a) in the case of an addition, the statutory declaration made pursuant to section eighty-eight of this Act; (b) in any other case, a statutory declaration setting out (i) particulars of the items of property (other than money expressed in the deed in terms of Australian currency) comprised in the deed; and (ii) the estimated value of each such item of property otiier than real property or any estate or interest dierein the net annual value of which property as shown in the valuation of the relevant municipality exceeds Twenty-five pounds. (c) Money shall be assessed by the Comptroller of Stamps at its face value converted, wherever necessary, to Australian currency at die ruling rate of exchange. (d) The value of real property or any estate or interest dierein the net annual value of which property as shown in the valuation of the relevant municipality exceeds Twenty-five pounds

40 Stamps. No shall be determined pursuant to the provisions of section seventy-five of the Land Tax Act 1958 subject to appeal under the said Act. (e) The value of property other than property referred to in paragraphs (c) and (d) of this sub-section shall be assessed by the Comptroller of Stamps (i) by accepting the estimated value set out in the statutory declaration referred to in paragraph (b) of this sub-section; or (ii) at some other value agreed between the Comptroller of Stamps and such trustee person or corporation; or (iii) if the Comptroller of Stamps thinks fit, at a value determined by some person nominated by the Comptroller of Stamps, and the Comptroller may require such trustee person or corporation to pay for a valuation to be made by the person so nominated. (/) The value of any property as assessed under this sub-section shall be the value thereof for the purposes of this subdivision. Power to examine witnesses. Penalty for refusing to defend Ac. (2) The Comptroller of Stamps may summon any person whatever to give evidence or testimony respecting any matter or thing respecting which the Comptroller of Stamps desires information in order to enable him so to assess the duty payable. (3) Such person may be required by such summons to bring before the Comptroller of Stamps any books papers deeds documents or writings in his possession or control material to the subject-matter of inquiry. (4) The person so summoned shall attend and produce such books papers deeds documents or writings before the Comptroller of Stamps. (5) The Comptroller of Stamps may examine on oath every person so summoned. (6) Every person who being duly summoned refuses or neglects to appear before the Comptroller of Stamps at the time and place appointed for the purpose or appears but refuses to be sworn or to answer any lawful question and every person having the custody control or possession of any such books papers deeds documents or writings who upon being summoned as aforesaid fails or neglects to produce the same at the time and place named in such summons shall be liable to a penalty of not more than Twenty pounds to be recovered by the Comptroller of Stamps.

41 1958. Stamps. No (10) Power of Attorney. 92. For the purposes of this Part " Power of attorney " means interpretation, any letter of attorney or power of attorney or other instrument in j' tt^ r R f the nature thereof, but does not include NO.5204S.9I. (a) a power of attorney which is by or under this Act otherwise chargeable with stamp duty (not being stamp duty chargeable under the heading " IT. RECEIPT " in the Third Schedule); or Third ' (6) a power of attorney which is included in an instrument containing or relating to any other distinct matter where such instrument is by or under this Act otherwise chargeable with stamp duty (not being stamp duty chargeable under the heading aforesaid). Schedule ea ng ' 93. (1) Every power of attorney chargeable with stamp duty When power pursuant to this Part shall &«n d. t0 (a) if made or executed in Victoria, be stamped by the No person making or executing the same before it is acted upon, or before the expiration of a period of one month after it is first made or executed if not acted upon before the expiration of such period of one month; or (b) if made or executed out of Victoria, be stamped by the party to the power of attorney by whom it is held before it is acted upon in Victoria, or before the expiration of a period of one month after it is first received in Victoria if not acted upon in Victoria before the expiration of such period of one month: Provided that, notwithstanding anything in this Act, where a power of attorney chargeable with stamp duty under the heading " X. POWER OF ATTORNEY " in the Third Schedule (i) is not otherwise chargeable with stamp duty except under the heading " II. RECEIPT " in the Third Third o i_ A.1. _ Schedule Schedule; or heading x. (ii) is included in an instrument containing or relating to any other distinct matter where such instrument is not otherwise chargeable with stamp duty or is otherwise so chargeable only under the said heading II. it shall be sufficient if such power of attorney if made or executed in Victoria is before it is acted upon stamped by the person making or executing the same or by the party to the same by whom it is held; or

42 Stamps. No if made or executed out of Victoria is before it is acted upon in Victoria stamped by the party to the same by whom it is held. As to stamping more than one month after execution Ac. and as to penalty. (2) After the expiration of the period of one month mentioned in paragraph (a) or paragraph (b) (as the case may be) of the last preceding sub-section, any unstamped or insufficiently stamped power of attorney referred to in paragraph (a) or paragraph (b) (as the case may be) aforesaid may be stamped on payment of the unpaid duty and a penalty of Five pounds. Duty on power of attorney, how denoted and by whom payable. s. 93; No s. 31. Stamping of power of attorney already acted upon. Penalty for acting on instrument &c. made pursuant to unstamped power of attorney. Stamping of attested copies of powers of attorney executed outside Victoria. 94. (1) The stamp duty upon any power of attorney shall be paid in money to the Comptroller of Stamps and denoted by an impressed stamp and shall be payable by the creator of the power of attorney. (2) Any power of attorney chargeable with stamp duty which is acted upon in Victoria while the same is unstamped may be stamped after having been so acted upon on payment of the unpaid duty and a penalty of Five pounds, and such penalty shall in no case be mitigated or remitted to a less amount than One pound. (3) Every person who while any such power of attorney is unstamped acts upon any instrument document or writing made or executed by the donee of such power of attorney in the exercise of such power of attorney shall be liable to a penalty of not more than Five pounds. (4) Notwithstanding anything in this Act, where a power of attorney is made or executed outside Victoria and the original is not received in Victoria the Comptroller of Stamps may at the request of any interested party stamp a duly certified copy thereof in all respects as if it were a power of attorney to which this Part applies. (11) Annual Licences in relation to Assurance &c. interpretation. 95. For the purposes of this Part, unless inconsistent with the NO s. 94. context or subject-matter " Annual " Annual licence" means annual licence under this licence." subdivision. " Assurance or insurance business." " Assurance or insurance business " includes (a) the granting or issuing of any fire fidelity guarantee or marine insurance or assurance policies;

43 1958. Stamps. No (Z>) the acceptance either directly or indirectly of any premium renewal premium or consideration for or in respect of the granting or issuing or keeping alive or in force of any fire fidelity guarantee or marine insurance or assurance; (c) the receiving of any letter or declaration of interest attaching to any fire or marine policy issued at any time in Victoria or elsewhere; (d) the carrying out by means of insurance or assurance effected out of Victoria of any written verbal or implied contract or undertaking to effect insurance or assurance. " Firm of persona " includes any association of underwriters " Firm of carrying on marine assurance or insurance business pen,on9- through a managing underwriter solely. " Policy " includes as well any policy as any instrument " Policy." in the nature of a policy an open policy an insurance cover or any instrument in any manner covering any insurance or assurance. 96. (1) Every company person or firm of persons whether corporate or unincorporate who or which carries on or desires to carry on in Victoria any fire fidelity guarantee or marine assurance or insurance business whatever, whether the head office or principal place of business of such company person or firm of persons is in Victoria or elsewhere, shall procure from the Comptroller of Stamps every year and take out an annual licence in the form or to the effect of the Fourth Schedule. (2) The Comptroller of Stamps is hereby authorized to issue such annual licence on the payment to him of the duty specified under heading XI. in the Third Schedule. (3) Such annual licence shall be issuable on the first day of January in every year: Provided that the first annual licence issued to any company person or firm of persons may be issued at any time during the year but shall continue in force for the remaining part of such year only and the duty payable in such case shall be a proportionate part of the duty chargeable on an annual licence. 97. (1) The duty payable in respect of any annual licence under this subdivision shall be paid in cash to the Comptroller of Stamps and the payment of the duty on such annual licence shall be notified in the Government Gazette. (2) Such notification shall be sufficient evidence of the company person or firm of persons named therein being duly licensed under this subdivision. Yearly licence required by companies and persons carrying on insurance business. s. 95. Fourth Schedule Third Schedule heading XI. Time of issue and duration of licence. Duty on licence to be paid in cash and payment of licence to be gazetted. s. 96.

44 Stamps. No (3) It shall not be necessary for the Comptroller of Stamps to give a receipt for such payment which shall be certified or denoted on the instrument by an impressed stamp, and such instrument may be used in evidence if it is so duly stamped with an impressed stamp or stamps. Duty payable where no insurance business done prior to licence. s The amount of duty payable by any company person or firm of persons who or which has not prior to applying for an annual licence transacted any assurance or insurance business shall be Fifty pounds if such annual licence is required for the full period of twelve months, or a proportionate part of Fifty pounds if required for a shorter period. Premiums on which stamp duty is chargeable. s. 98. Third Schedule. 99. (1) For the purposes of this subdivision the premiums chargeable with stamp duty shall (subject to the provisions of the next succeeding section relating to the exclusion of portions of gross premiums actually paid away by way of re-insurance) beta) all premiums (i) received or in any manner charged or credited in account by, and for assurance or insurance business transacted in Victoria by, any company person or firm and any branches or agencies thereof; or (ii) received in Victoria by, or in any manner charged or credited in account in Victoria in the books of, any company person or firm or any branches or agencies thereof except premiums so received or charged or credited in account for fire insurance risks out of Victoria; and (6) all premiums received or in any manner charged or credited in account by any company person or firm or any branches or agencies thereof for marine risks one of the termini of which is in Victoria and the Third Schedule shall be read and construed accordingly. (2) In the case where the head office or the head office for Australia or Australasia of a company person or firm is in Victoria a mere notation in the books at such head office of premiums received by or at any branch or agency of the company person or firm shall not of itself, for the purposes of paragraph (a) of sub-section (1) of this section, be deemed to be a charging or crediting in account of premiums in Victoria in the books of the company person or firm.

45 1958. Stamps. No (1) In order that the duty payable in respect of any Appjicauon annual licence may be determined, the company person or firm of NO. 52w s. 99; persons requirng such annual licence shall make a written N : 6104» ' &' application to the Comptroller of Stamps to issue such licence. (2) In such application shall be stated the nature and exact amount of all the assurance or insurance business transacted by such company person or firm and all the branches and agencies thereof in Victoria and the exact amount of all premiums of any kind whatsoever received or in any manner credited or charged in account by any such company person or firm during the twelve months preceding the year or part thereof for which the annual licence is required and distinguishing the premiums or any part thereof on which duty is chargeable and the premiums or any pai t thereof on which duty is not chargeable. (3) Such premiums shall be the gross premiums and shall be counted so as to include any commission or discount but to exclude any portion of such gross premiums actually paid by way of re-insurance effected in Victoria with any other such company person or firm. (4) The truth of the statements contained in any such application shall be verified and declared by an affidavit or statutory declaration made (a) as to any company by the chairman and the secretary actuary or other principal officer thereof or, in the case of a company formed or incorporated outside Victoria, by the person who is the agent thereof for the purposes of the Companies Act 1938; (b) as to any firm of persons by any member thereof and the principal accountant of such firm; (c) as to any person by such person (1) The company person or firm of persons requiring an annual licence to transact marine assurance or insurance business shall submit with such application a separate statement of the total amount of all premiums received beyond the limits of Victoria on marine risks one of the termini of which is in Victoria or (if such be the case) a statement that no such premiums were received and if no such statement is so submitted the Comptroller of Stamps shall assess the duty as being due in respect of such premiums at a sum in his discretion of not less than One hundred pounds and not more than One thousand two hundred pounds. (2) If within three months after such assessment it is shown to the satisfaction of the Comptroller of Stamps that such sum paid to him in respect of such premiums was in excess, the amount, of duty overpaid shall be refunded. As to premiums for marine insurance received beyond the limits of Victoria on risks one of the termini of which is in Victoria. s. 100; No s. 34

46 Stamps. No Further information to be furnished if required. s Facts and circumstances to be set forth in application Ac. s Duty on open policies. s Power to summon and examine witnesses for purpose of determining duty payable on annual licence. s. 104, Penalty for refusing to attend &c (1) If the information contained in any such application is not in the opinion of the Comptroller of Stamps sufficiently full or explicit to enable him to determine what amount of duty is payable, he may require 'the applicant to furnish such further information as he requires. (2) The truth of such further information shall be verified and declared in like manner as the statements contained in the original application Every person who with intent to defraud Her Majesty (a) executes any such application or any instrument furnishing such further information in which all the requisite facts and circumstances are not fully and truly set forth; or (b) being employed or concerned in or about the preparation of any such application or instrument neglects or omits fully and truly to set forth therein all the said facts and circumstances shall be liable to a penalty of Ten pounds If the amount of premium payable or chargeable in account or paid or charged in account in respect of any letters or declarations of interest in or attaching to any fire or marine policy or insurance cover or any open policy is not stated therein, the amount of premium on which duty is payable shall be estimated and determined by the Comptroller of Stamps (1) The Comptroller of Stamps may summon any chairman director manager secretary actuary accountant or clerk or any officer or person whatever to give evidence or testimony respecting any statement made in any such written application or as to any matter or thing respecting which the Comptroller of Stamps desires information in order to enable him to determine the duty payable in respect of any annual licence. (2) Such person may be required by such summons to bring before the Comptroller of Stamps any books papers deeds documents or writings in his possession or control material to the subject-matter of inquiry. (3) The person so summoned shall attend and produce such books papers deeds documents or writings before the Comptroller of Stamps. (4) It shall be lawful for the Comptroller of Stamps to examine on oath every person so summoned. (5) Every person who being duly summoned fails or neglects to appear before the Comptroller of Stamps at the time and place appointed for the purpose, or appears but refuses to be sworn or to

47 1958. Stamps. No answer any lawful question, and every person having the custody control or possession of any such books papers deeds documents or writings who upon being summoned as aforesaid fails or neglects to produce the same at the time and place named in such summons, shall be liable to a penalty of not more than Twenty pounds to be recovered by the Comptroller of Stamps If any question arises as to the liability of any company Question to person or firm of persons to take out an annual licence or as to the c&mpvroum amount of duty payable in respect of any annual licence, the of Stamps subject to Comptroller of Stamps may be required to express his opinion appeal. with reference thereto in the manner provided in Division two of s this Part, and the decision of the Comptroller of Stamps shall be final subject to appeal to the Supreme Court as in the said Division provided An annual licence shall, subject to the provisions of any Effect of Act in force for the time being relating to insurance, be deemed to authorize the lawful business of any company person or firm of persons named therein to be carried on in and by all branches and agencies thereof in Victoria and for one or more kinds of the insurance business mentioned in such annual licence It shall not be lawful for the Comptroller of Stamps to notify that any company is licensed to carry on any such business or for any officer under any Act now or hereafter in force to take any step towards registering or obtaining the incorporation of any company, until the full amount of duty payable by such company in respect thereof is paid (1) If any company person or firm of persons required by this subdivision to obtain an annual licence at any time carries on in Victoria any assurance or insurance business whatever without having obtained such annual licence, or if on the expiration of such licence any such company person or firm of persons neglects to renew the same within two calendar months after the expiration thereof, such person or firm of persons and every member thereof and such company and every director manager secretary or other person or persons acting in the management thereof shall each be liable to a penalty of Fifty pounds for every month or part of a month during which such person or firm of persons or company as the case may be remains unlicensed. (2) All contracts of marine insurance or assurance effected by any company person or firm of persons not duly licensed under this subdivision shall be absolutely null and void except any such contract made with any company person or firm of persons respectively publicly holding itself or himself out at any place in Victoria as licensed under this subdivision. annual licences. s Comptroller of Stamps not to issue certificate until duty paid. s Penalty for carrying on insurance business without licence. s. 108.

48 Stamps. No Stamp duly payable by persons acting as agents for or insuring under certain open policies on murine risks. s. 109; No s. 35. Fourth Schedule. Application ofs Application ofs (1) Every company person or firm of persons whether corporate or unincorporate not licensed to carry on in Victoria marine assurance business which or who (a) assures or insures, or enters into any agreement or undertaking to assure or insure, or in any way acts as agent for the assurance or insurance with; (Z>) effects an assurance or insurance with; or (c) makes a declaration (including any letter of advice or other document advising or relating to any marine assurance or insurance or risk) under any open or valued policy issued by any company person or firm of persons outside Victoria, whether carrying on business within Victoria or not, for the assurance or insurance of any hulls freights goods or merchandise against marine risk or loss shall take out an annual licence in the form or to the effect of the Fourth Schedule. (2) The duty upon such annual licence shall be assessed at One thousand two hundred pounds unless such company person or firm proves to the satisfaction of the Comptroller of Stamps that the duty payable by such company person or firm pursuant to this Part does not amount to such sum. (3) The Comptroller of Stamps may whether any application for an annual licence is or is not made to him by any particular company person or firm of persons exercise in any case whatever when he thinks fit all or any of the powers conferred upon him by section one hundred and five of this Act. (4) The provisions of the last preceding section shall with such adaptations as are necessary apply to every company person or firm of persons who or which is guilty of a contravention of this section, and to every contract of marine assurance or insurance effected by any company person or firm not being duly licensed pursuant to this section. Refund of overpaid duty. s. 110; No s If after any duty has been paid by any company person or firm of persons under the provisions of this subdivision the Comptroller of Stamps, on application made to him within twelve months after such payment, is satisfied that such overpayment has been made shall apply to the Treasurer of Victoria for a refund to such company person or firm of persons of the duties overpaid, and the Treasurer shall without further or other authority than this Act refund the amount thereof to the company person or firm by whom the overpayment has been made or to any person acting in its his or their behalf.

49 1958. Stamps. No (12) Betting Instruments In this subdivision unless inconsistent with the context or subject-matter " Authority " means an authority for the time being in force obtained from ithe Comptroller of Stamps pursuant to this subdivision and having the payment of duty denoted thereon in the manner prescribed. " Backer " includes any person with whom a bookmaker bets. " Bet " includes wager and " betting " includes wagering. " Betting-ticket" includes any document or thing purporting to be or usually or commonly known as a betting-ticket or giving or purporting to give or usually or commonly understood to give any right title chance share interest authorization or permission in or in coni^xion with any bet. " Bookmaker " includes any person who (whether on his own account or as employe or agent of any other person) carries on the business or vocation of or acts as a bookmaker or turf commission agent or any person who gains or endeavours to gain his livelihood wholly or partly by betting or making wagers. " Bookmaker's certificate " means certificate of registration as a bookmaker issued under the Racing Act 1958 and in force, but excludes a bookmaker's temporary certificate. " Bookmaker's clerk's certificate" means certificate of registration as a bookmaker's clerk issued under the Racing Act 1958 and in force. " Bookmaker's statement" means bookmaker's statement required by this subdivision to be furnished to the Comptroller of Stamps. " Bookmaker's temporary certificate " means certificate of registration as a bookmaker issued under the Racing Act 1958 in relation to a substitute licence or substitute permit and in force. " Club " has the same meaning as in section eighty-five of the Police Offences Act " Promoter" has the same meaning as in section one hundred and eleven of the Police Offences Act "Race-course" has the same meaning as in section eighty-five of the Police Offences Act ''Race-meeting" has the same meaning as in section eighty-five of the Police Offences Act 1958 and includes a " picnic race-meeting " and a " mixed sports gathering" as defined in the Racing Act Interpretation. s. Ill; No s. 15 (c). " Authority." ' Backer." " Bet," " betting." " Bettingticket." " Bookmaker's certificate.'* " Bookmaker's clerk's certificate." " Bookmaker." "Bookmaker's statement.' " Bookmaker's temporary certificate." ' Club." ' Promoter." "Racecourse." " Racemeeting."

50 Stamps. No " Racing club." " Shooting contest." ' Sports." " Sports ground." Payment of stamp duties. s. 112; No s. 15 (d). Additional duty on variation of bookmaker's certificate. s. 113; No s. 15 W). Bookmaker to obtain authority before betting at shooting contest on sports ground. s. 114; No s. 15 (e). Operation of authority. Duties chargeable in respect of bets for cash or on credit. s Racing club " means club association society or body of persons corporate or unincorporate formed for promoting or controlling horse-racing pony-racing or trotting-racing or for holding race-meetings. Shooting contest" means a shooting contest in which the targets are birds or are objects propelled through the air by force which is applied by artificial means. Sports " has the same meaning as in section one hundred and eleven of the Police Offences Act Sports ground " has the same meaning as " Ground " has in section one hundred and eleven of the Police Offences Act (1) Stamp duties upon bookmakers' certificates and bookmakers' clerks' certificates shall be paid in respect of the period of twelve months commencing on the first day of November and ending on the thirty-first day of October. (2) Stamp duties upon bookmakers' certificates bookmakers' clerks' certificates bookmakers' temporary certificates and authorities shall be paid immediately after the issue thereof and shall be denoted on the certificate or authority in the manner prescribed (1) Where during the currency of a bookmaker's certificate that certificate is varied under the Racing Act 1958 and thereby a higher rate of duty is payable in respect thereof, the appropriate additional duty shall forthwith be payable thereon and shall be denoted on the certificate in the the manner prescribed. (2) Where a bookmaker's certificate is surrendered pursuant to the Racing Act 1958 the Comptroller of Stamps may in his discretion in respect of the unexpired period of the certificate make a pro rata refund of the stamp duty paid on the certificate (1) Any bookmaker desiring to bet on any day on a sports ground with any person or persons during the holding on such sports ground of a shooting contest and in respect of such contest shall before so betting obtain from the Comptroller of Stamps an authority in the prescribed form and having the payment of duty denoted thereon in the manner prescribed. (2) Such authority shall be in force on the day and at the place specified therein and at no other time or place Stamp duties upon betting-tickets shall (a) be chargeable upon all betting-tickets issued on a race-course or, as the case may be, on a sports ground by a bookmaker in respect of bets whether the amount wagered by the backer is or is not paid to the bookmaker on the making of such bets; and

51 1958. Stamps. No (b) be denoted on the betting-tickets by impressed stamps. Impressed stamps (1) Every bookmaker who makes a bet with any person on a race-course or, as the case may be, on a sports ground where the amount wagered by the backer is paid to the bookmaker at the time such bet is made shall forthwith (a) write out or cause to be written out a betting-ticket in respect of such bet; and (b) cancel such ticket in the manner prescribed and issue the same so cancelled to the backer. Tickets to be written out for each cash bet. s. 121; No s.2(21,(o>. No s. 15 (g). No s.6(l) (fl)-(c). Cancellation. (2) Every such betting-ticket shall be in such form and of ^^,if- ot such size and colour and be numbered as prescribed. tickets. (3) In the case of bets where the amounts wagered by the backers are not paid to the bookmaker at the time the bets are made, the bookmaker shall include particulars of such bets in the bookmaker's statement which he is required to furnish in respect of the weekly period in which the bets were made. (4) Every bookmaker shall keep a betting-book for bets made by him on race-courses and on sports grounds and shall forthwith enter therein or cause a clerk employed in that behalf to enter forthwith therein the prescribed particulars with respect to every bet made by him (whether the amount wagered by the backer is or is not then paid to the bookmaker). As to credit bets. Bookmaker to keep betting-book and enter bets therein. (5) Every such betting-book shall be in the prescribed form Betting-books, and betting-books in the prescribed form shall be obtainable by bookmakers only from the Comptroller of Stamps upon application made to him in the prescribed manner and form and upon payment of the prescribed fee, and the regulations shall provide for the issue and regulate the use of such betting-books and shall prescribe the part or parts of the said books which shall be lodged with the Comptroller of Stamps with bookmakers' statements as hereinafter provided. (6) Every bookmaker who (a) fails to enter forthwith or fails to cause any clerk employed as aforesaid to enter forthwith in the betting-book of such bookmaker the prescribed particulars with respect to every bet made by such bookmaker (whether the amount wagered by the backer is or is not then paid to the bookmaker); or (b) knowingly makes any false entry in such betting-book and every clerk employed as aforesaid by a bookmaker who (c) fails to enter forthwith in the betting-book of such bookmaker the prescribed particulars with respect Penalty on bookmaker and clerk failing to enter or cause to be entered in bettingbook particulars of bets or making false entries.

52 Stamps. No to every bet made by such bookmaker (whether the amount wagered by the backer is or is not then paid to the bookmaker); or (d) knowingly makes any false entry in such betting-book shall be liable to a penalty of not less than Ten pounds and not more than One hundred pounds or to imprisonment for a term of not more than six months. Offences relating to counterfeiting betting-books, using books other than prescribed books &c. Production of book when required. Nonapplication of this section to bookmakers at certain shooting contests. (7) Every person who without the authority of the Comptroller of Stamps (the proof of which authority shall lie on the defendant) makes or sells or supplies or has in his possession without lawful excuse any book or paper purporting to be a betting-book or part of a betting-book in the prescribed form or simulating or resembling such a betting-book or part of such a book shall be guilty of an offence and liable to a penalty of not less than Ten pounds and not more than One hundred pounds or to imprisonment for a term of not more than six months. (8) Every bookmaker or person employed by or acting for a bookmaker who (a) uses as a betting-book any book or paper other than a betting-book in the prescribed form duly obtained from the Comptroller of Stamps; or (b) contravenes or fails to comply with the provisions of any regulation relating to the use of betting-books shall be guilty of an offence and liable to a penalty of not less than Five pounds and not more than Fifty pounds. (9) Every bookmaker shall when so required by the Comptroller of Stamps produce to the said Comptroller for examination and for retention by the said Comptroller for as long as he deems necessary any betting-book issued to the bookmaker by the said Comptroller. (10) The provisions of this section shall not apply so as to require any bookmaker who (a) obtains from the Comptroller of Stamps an authority having the payment of duty denoted thereon in the manner prescribed; and (b) on a sports ground during the holding thereon of a shooting contest makes a bet or bets with any person or persons in respect of such contest on the day specified in the authority to issue a bettingnticket or betting-tickets in respect of such bet or bets or to keep in respect thereof betting-books as required by the said provisions.

53 1958. Stamps. No (1) Any officer authorized by the Comptroller of Stamps Production in writing for the purpose (whether generally or in any particular of bettinj;- case) may on showing such authorization require any bookmaker J^"^0' or any of his employes at any reasonable time or at any place to s. 22; produce for inspection any betting-tickets whether written out or a )'(d)? s ' 6 not or any betting-books or other documents relating to betting No s transactions (including any race-book card paper or thing which the officer believes on reasonable grounds to have been used to record any betting transactions) in his possession or control and may inspect and at his discretion impound or take any extracts from any such ticket book or document. (2) The Comptroller of Stamps and any officer authorized Power to by the Comptroller in writing for the purpose (whether generally courses and or in any particular case) may on any day on which a race-meeting ^ umds. or sports are held on any race-course or sports ground enter any part of such race-course or sports ground and may require from the proprietor thereof or any servant or agent of the proprietor or from any bookmaker or bookmaker's clerk any assistance for the purpose of ascertaining whether the provisions of this Act and the regulations are being observed. (3) Every person who fails neglects or refuses to produce for Penalty. inspection any documents or to give any assistance when so required pursuant to this section or who delays or obstructs the Comptroller of Stamps or any officer in carrying out his powers or duties under this subdivision shall be liable to a penalty of not less than Ten pounds and not more than Fifty pounds or to imprisonment for a term of not more than three months (1) For the purposes of this subdivision each period of Mriodsfor six days beginning with Monday and ending with Saturday, both betting tax days inclusive, is referred to as a weekly period. NO ; No (2) The provisions of the next four succeeding sections shall Non. not apply in respect of bets made by any bookmaker pursuant to f^j^^to an authority. ^ bets made by bookmakers pursuant to authorities (1) Every bookmaker who as such during any weekly Bookmaker's period in any year makes any bet on any race-course or on any statements. sports ground shall before the expiration of six days after the ^Twf 4 termination of such weekly period (2)! (a) furnish to the Comptroller of Stamps a bookmaker's No 4.574i statement in the prescribed form, signed by the NO' SS?5 bookmaker setting forth {jj ^>- 6») (i) the aggregates of the amounts wagered by N -«i<ks.38 backers in all bets made by the bookmaker as such at the Flemington race-course, the Caulfield race-course, the Moonee

54 Stamps. No Valley race-course and the Royal Showgrounds race-course at Ascot Vale; and at all other race-courses and sports grounds in Victoria respectively during the said weekly period whether the amount wagered by the backer in any such bet is or is not paid to the bookmaker at the time the bet is made; (ii) the number and prescribed particulars of bets made by the bookmaker as such on each race-course and sports ground in Victoria during the said weekly period where the amount wagered by the backer is not paid to the bookmaker at the time the bet is made; and (iii) any other prescribed particulars; (b) (except as provided in sub-section (3) of this section) lodge with the Comptroller of Stamps with the said statement the prescribed part or parts of all betting-books used by such bookmaker during the said weekly period; and (c) pay to the Comptroller of Stamps the amount of stamp duty payable upon such bookmaker's statement and the Comptroller of Stamps shall denote in the prescribed manner upon such bookmaker's statement the amount of stamp duty so paid, win and (2) For the purposes of this section (a) the amount of any bet which is cancelled or called off in accordance with any relevant rule practice or direction of a racing club or sports promoter shall not be included in any such aggregate; and (b) a bet for a win and a place or a " double " or " treble " or other similar bet shall be deemed one bet only, where no (3) Where during any weekly period in any year a during** 16 bookmaker has not as such made any bets in Victoria "tatememto (a) he shall before the expiration of six days after the be furnished, termination of such weekly period furnish to the Comptroller of Stamps a statement signed by the bookmaker setting forth that he has not during such weekly period in such year made any bets in Victoria; and (b) if he duly furnishes such statement, it shall not be necessary for him to comply with the provisions of paragraph (b) of sub-section (1) of this section in respect of such weekly period, but if the Comptroller of Stamps at any time by notice in

55 1958. Stamps. No writing requires such bookmaker to produce his betting-books for inspection and retention the bookmaker shall comply with such requirement. (4) The Comptroller of Stamps may require any bookmaker to furnish within such time as the said Comptroller thinks fit such further or other information or particulars (verified, if so required, by statutory declaration) as the said Comptroller considers necessary in order to satisfy himself of the correctness or otherwise of any bookmaker's statement or of any statement under the preceding provisions of this section or of the entries in the betting-book of the bookmaker, and the bookmaker shall furnish the same accordingly. (5) When the Comptroller of Stamps is satisfied, after considering such further or other information or particulars (if any) furnished to him as aforesaid, that in respect of any bookmaker's statement insufficient stamp duty has been paid or stamp duty has been paid in excess he shall amend or cause to be amended the bookmaker's statement and shall denote in the prescribed manner on the bookmaker's statement as amended any further stamp duty which has become chargeable or may refund any stamp duty which has been paid in excess. (6) (a) In the event of any bookmaker failing in respect of any weekly period to furnish a bookmaker's statement or a statement or to lodge the prescribed part or parts of any betting-book as required by this section, the Comptroller of Stamps shall assess the duty payable by such bookmaker at a sum equal to double the amount accounted for in any bookmaker's statement previously submitted by him. (b) Such sum shall be the amount of stamp duty payable by the bookmaker for suoh weekly period, unless he proves to the satisfaction of the said Comptroller that the amount for which the bookmaker is actually liable is less than the said sum, in which case the duty payable shall be assessed at such less amount. (7) Any bookmaker who with intent to evade the payment of the whole or part of any stamp duty payable for any weekly period by any means or device evades or attempts to evade the payment of such duty shall be liable to a penalty of not less than Ten pounds and not more than One hundred pounds, and in addition to such penalty if the Comptroller of Stamps so directs the Bookmakers and Bookmakers' Clerks Registration Committee shall suspend his bookmaker's certificate or bookmaker's temporary certificate until such time as the Minister otherwise directs. (8) Any bookmaker in whose betting-book any person, and any person who in the betting-book of any bookmaker by any entry or by any other means or device, procures or aids or attempts to procure or aid the evasion of payment by such bookmaker of any stamp duty shall be liable to a penalty of not less than Ten pounds and not more than One hundred pounds. Power of Comptroller of Stamps to require further information. Amending statement and stamping statement as so amended. As to stamp duty when statements not furnished or bettingbooks not produced. Penalty for attempted evasion.

56 1012 Offences. Suspension of licence or permit. Payment and recovery of stamp duties upon bookmakers' statements. s. 125; No ss. 2 (2), 5 (1). No s. 15 (/). Additional sum payable in case of delayed payment of stamp duty. Suspension of licence or permit until payment. Power of Minister. Licence or permit to revive on payment of duty &c Stamps. No (9) Any bookmaker who (a) is guilty of any contravention of or failure to comply with any of the provisions of this section or of any requirement of the Comptroller of Stamps thereunder; or (b) in any bookmaker's statement or statement under this section or in answer to any such requirement knowingly supplies any incorrect incomplete or misleading information or particulars shall be guilty of an offence, and for every such offence (where no penalty is expressly provided therefor) shall be liable to a penalty of not more than Fifty pounds. (10) If any bookmaker is in default in furnishing in respect of any weekly period a bookmaker's statement or a statement under this section if the Comptroller of Stamps so directs the Bookmakers and Bookmakers' Clerks Registration Committee shall suspend his bookmaker's certificate or bookmaker's temporary certificate until such time as the Minister on being satisfied that the default is remedied otherwise directs (1) The stamp duties payable upon any bookmaker's statement, if not paid before the expiraition of six days after the termination of the weekly period in respect of which they are chargeable, may (without prejudice to any other method of recovery) be recovered from the bookmaker in any court of petty sessions as a civil debt recoverable summarily. (2) If any such stamp duty is not paid to the Comptroller of Stamps within the prescribed time (a) an additional sum amounting to ten per centum of the stamp duty unpaid shall be payable by way of penalty; and (b) if the Comptroller of Stamps so directs the Bookmakers and Bookmakers' Clerks Registration Committee shall suspend his bookmaker's certificate or bookmaker's temporary certificate until the stamp duty and such additional sum are duly paid. (3) Notwithstanding anything in the last preceding sub-section the Minister may where good cause is shown for the delay forgo the whole or any part of such additional sum. (4) Upon the payment of the stamp duty and such additional sum (so far as such additional sum has not been forgone by the Minister) such bookmaker's certificate or bookmaker's temporary certificate, unless the same has otherwise ceased to operate, shall revive.

57 1958. Stamps. No Any bookmaker who, while on any part of a race-course or sports ground in which part he is making bets or attempting or holding himself out as ready and willing to make bets, has in his possession any unused betting-ticket not duly impressed with stamp duty for the amount required to be paid in respect of that part of the race-course or sports ground shall be guilty of an offence and be liable to a penalty of not more than Fifty pounds Every bookmaker who is guilty of any contravention of or failure to comply with any of the provisions of this subdivision shall (save as otherwise expressly provided) be liable to a penalty of not less than Ten pounds and not more than One hundred pounds or to imprisonment for a term of not more than six months Every person who practises or is concerned in any fraudulent act contrivance or device not specially provided for by law with intent to defraud Her Majesty of any stamp duty under this subdivision or headings XII., XIII., XIV. or XV. of the Third Schedule shall be guilty of a misdemeanour and liable to imprisonment for a term of not more than twelve months. As to bookmaker on part of race-course or sports ground in possession of bettingtickets not appropriately stamped. s.127. Penalties. s Frauds. s. 129; No s. 10 (2), No s. 5. (1) (6). Third Schedule The committee or other managing body of any racing Returns by club conducting meetings on any race-course and any person who T &c. ns c u s has the management or control of any race-course and the promoter J*o. 204 of any sports on any sports ground shall at the times and in the No.5741 manner prescribed forward to the Comptroller of Stamps returns made by the prescribed person setting out the names of the bookmakers and bookmakers' clerks licensed or permitted to carry on the business or vocation of a bookmaker or (as the case requires) of a bookmaker's clerk on such race-course or any part thereof or, as the case may be, on such sports ground and such other particulars as are prescribed (1) The promoter of any sports shall (not later than six days prior to the date on which such sports are to be held) give notice in the prescribed form to the Comptroller of Stamps of the nature and date of such sports. Notice of sports meetings to be g 'vento omptroller of Stamps. s (2) Every such promoter who is guilty of any contravention Penalty. of or failure to comply with this section shall be liable to a penalty of not more than Fifty pounds (1) Any penalty to which a racing club is liable under this subdivision may (without prejudice to any other method of enforcing the same) be enforced against the secretary or the chairman thereof or any member of the committee or other managing body thereof. Enforcement of penalties in case of racing clubs. s. 132.

58 Stamps. No Enforcement of penalties in case of promoters. (2) Any penalty to which any promoter is liable under this subdivision may (without prejudice to any other method of enforcing the same) be enforced against any person who is such a promoter or against the secretary or chairman or any member of the committee or other managing body of any body corporate or unincorporate which is such promoter. When information for offence may be laid hereunder. s Subdivision not to operate so as to render lawful any betting &c. s Regulations. s. 136; No s.4(2), No s. 15 (0, No s. 6 (1) («) No S. s An information for any offence under this subdivision may be laid at any time within three years from and after the date on which the offence was committed Nothing in this subdivision shall operate so as (a) to render lawful any betting or wagering in any manner or in any place in which it is unlawful; or (b) to authorize the sending exhibiting or publishing of or the causing to be sent exhibited or published any letter circular telegram placard handbill card writing or notice which is unlawful (1) The Governor in Council may make regulations for or with respect to (a) the manner of denoting payment of duty upon bookmakers' certificates bookmakers' temporary certificates bookmakers' clerks' certificates and authorities and the stamping of betting-tickets; (6) the form size colour and numbering of betting-tickets; (c) the form of betting-books, the particulars to be entered therein, the manner and form of application therefor, the issue and use thereof and the part or parts thereof to be lodged with the Comptroller of Stamps with bookmakers' statements as hereinbefore provided; (d) the cancellation of betting-tickets; (e) returns provided for under this subdivision; (/) the notification by bookmakers and bookmakers' clerks of changes of their addresses; (g) the manner of denoting payment of duty upon bookmakers' statements under this subdivision and the form of and the particulars to be contained in bookmakers' statements; and (h) all matters which by this subdivision are required or permitted to be prescribed or which are necessary or expedient to be prescribed for giving effect to this subdivision. (2) Any such regulations may prescribe a penalty of not more than Fifty pounds for any contravention of or failure to comply with any such regulation.

59 1958. Stamps. No (13) Counterpart of Instrument The counterpart of an instrument chargeable with duty pursuant to the Third Schedule shall not be deemed duly stamped unless (a) it is stamped as an original instrument; or (b) in addition to being stamped as provided in this Act it is stamped with a particular stamp denoting that the full and proper duty has been paid upon the original instrument of which it is the counterpart: Provided that notwithstanding anything in section twenty-eight of this Act the counterpart of an instrument chargeable with duty upon which instrument the full and proper duty has been paid may at any time without payment of any penalty be stamped and endorsed with an endorsement denoting that such duty has been paid upon the original instrument. Counterpart unless stamped us original to bear stamp denoting payment of full duty on original. s. 137; No s. 40. Third Schedule. (14) Hire-Purchase Agreements In this subdivision unless inconsistent with the context interpretation. or subject-matter " Goods " includes all chattels personal, and includes any fixture severable from the realty. " Hire-purchase agreement" means agreement for the No s. 2; No s. 2 (1). " Goods." ' Hire- bailment of goods under which the bailee may buy agv r eem^nt." the goods or under which the property in the goods may pass to the bailee, and where by virtue of two or more agreements (none of which by itself constitutes a hire-purchase agreement) there is such a bailment of goods the agreements shall be treated as a single agreement; but does not include any agreement under which the purchaser is a person who is engaged in the trade or business of selling goods of the same nature or description as the goods to which the agreement relates if the term of the bailment of the goods thereunder is not to exceed sixty days. " Purchase price" means the total amount payable under a hire-purchase agreement by the purchaser on any account whatsoever in respect of the goods the subject-matter of the agreement, less the amount of the deposit or other money or consideration paid or given to the vendor at or before the making of the agreement, and less the total amount payable under the agreement by way of interest or insurance or by way of any other charge. ' Purchase

60 Stamps. No ' Purchaser." ' Vendor.' Duty. No s. 3; No s. 2 (1). Third Schedule. Instrument of rfire-purchase to be prepared. No s. 4: No s. 2 (2). " Purchaser " means person to whom goods are bailed or sold or agreed to be bailed or sold under a hire-purchase agreement. " Vendor " means person by whom goods are bailed or sold or agreed to be bailed or sold under a hire-purchase agreement (1) Subject to the exemption contained in the heading " XIX. INSTRUMENT of HIRE-PURCHASE " in the Third Schedule to this Act there shall be charged and paid for the use of Her Majesty upon every instrument of hire-purchase relating to any hire-purchase agreement entered into after the commencement of the Stamps (Hire-Purchase Agreements) Act 1956 the duty specified in the said heading. (2) The duty shall be denoted by adhesive stamp and shall be paid by the vendor, who shall cancel the stamp. (3) (a) No vendor or other person shall add the amount of any such duty or any part thereof to any amount payable by the purchaser (whether under the hire-purchase agreement or otherwise) or otherwise demand or recover or seek to recover any such amount from the purchaser. (b) In the case of a contravention of the provisions of this sub-section (i) the court in addition to imposing a penalty shall order the defendant to refund to the purchaser any such amount which has been paid by the purchaser; or (ii) the purchaser may recover any such amount from the person to whom he paid it in a court of petty sessions as a civil debt recoverable summarily (1) The vendor of any goods under a hire-purchase agreement shall, in every case where the purchase price is not less than Ten pounds, at or before the time of the making of the agreement prepare an original instrument of hire-purchase in relation to the agreement in accordance with the requirements of this section. (2) Such original instrument shall be (a) if the hire-purchase agreement is in writing, the agreement as in writing; (b) in any other case, a memorandum in writing of the agreement prepared for the purposes of this section. (3) An instrument shall not be in accordance with the requirements of this section unless (a) it clearly and truly sets out (i) the names of the parties thereto;

61 1958. Stamps. No (ii) the full name and address of the vendor within the meaning of this subdivision (identified as vendor or as owner); (iii) a description of the goods sufficient to indicate their nature; (iv) the total amount payable under the agreement by the purchaser on any account whatsoever in respect of the goods the subject-matter of the agreement; (v) the amount of the deposit or other money or consideration paid or given to the vendor at or before the making of the agreement; (vi) the total amount payable under the agreement by way of interest or insurance or by way of any other charge; (vii) the purchase price within the meaning of this subdivision. (b) it is boldly marked "original instrument" on the front or first page thereof; (c) it is, at or before the agreement is entered into, stamped as required by this subdivision. (4) The vendor, or if the vendor's rights under the hire-purchase agreement are assigned to any other person then such other person, shall keep every such original instrument readily available for inspection throughout the term of the bailment of the goods under the hire-purchase agreement and shall at any reasonable time during the said term on demand produce it for inspection by the Comptroller of Stamps or by an officer authorized in writing by the Comptroller for the purpose whether generally or in any particular case Notwithstanding anything in this Act a counterpart of counterparts an original instrument of hire-purchase, which original instrument chargeable, is chargeable with duty under this subdivision, shall not be NO.6045S.5. chargeable with duty as an original instrument or counterpart of instrument Every person who contravenes or fails to comply with Penalty, any of the provisions of this subdivision shall be liable to a penalty NO S. 6. of not less than Five pounds and not more than One hundred pounds. (15) Easements (1) Notwithstanding anything in this Act, and in creation and particular in subdivisions (6) and (9) of Division three of Part easements. II. the creation or surrender of an easement shall not be deemed No.6io4s.2». to be a conveyance or transfer on sale of any real property or a deed of gift.

62 Stamps. No (2) The duty payable on the creation or surrender of an easement shall be borne by the grantee of the easement or (as the case requires) by the person to whom it is surrendered. Interpretation. s " Duty," " duties." Duties to be managed by Minister. s Comptroller of Stamps. s Deputy Comptroller of Stamps. Removal of Comptroller or Deputy Comptroller. PART III. ADMINISTRATION, LICENCES, OFFENCES, REGULATIONS ETC In this Part unless inconsistent with the context or subject-matter " Duty " or " Duties " includes a fee or fees under Part I. and a duty or duties under Part II The Minister (a) shall have the care and management of all stamps and stamp duties; (b) shall provide proper and sufficient dies or other implements for expressing and denoting such and so many stamps of different values as are from time to time required for the purposes of this Act; (c) shall cause such adhesive stamps as are required for the purposes of this Act to be made and sold; and (d) shall have all necessary powers and authorities for carrying this Act into execution (1) Subject to the Public Service Act 1958 a Comptroller of Stamps may be appointed to have the charge and control of the printing and manufacturing and the charge control custody and issue of all stamps stamped instruments and dies and to carry out the duties vested by or under this or any other Act in the Comptroller of Stamps. (2) Subject to the Public Service Act 1958 a Deputy Comptroller of Stamps may be appointed. (3) All acts and things by this or any other Act required or authorized to be done by the Comptroller of Stamps may in the absence or illness or other temporary incapacity of the Comptroller of Stamps be done by the Deputy Comptroller of Stamps, and every act and thing so done by the Deputy Comptroller of Stamps shall be as valid and effectual as if the same had been done by the Comptroller of Stamps. (4) The Deputy Comptroller of Stamps shall under the control of the Comptroller of Stamps perform such general official duties as he is required to perform by this Act or by the Comptroller of Stamps. (5) Subject to the Public Service Act 1958 any Comptroller of Stamps or Deputy Comptroller of Stamps may be removed from office.

63 1958. Stamps. No Whenever the Minister determines to discontinue the use Notice of of any die and provide a new die to be used in lieu thereof and 0 l f s d?es! muance gives public notice thereof in the Government Gazette, then from o. pw and after any day to be stated in the notice (such day not being within two months after the same is so published) such new die shall be the only lawful die for denoting the duty chargeable in any case in which the discontinued die would have been used if it had not been so discontinued, and every instrument first executed by any person or bearing date after the day so stated and stamped with the discontinued die shall be deemed to be not duly stamped: Provided that Provisions as (a) if any instrument stamped as last aforesaid and first Jscontufued executed after the day so stated at any place out of es " Victoria is brought to the Comptroller of Stamps within fourteen days after it has been received in Victoria, then upon proof of the facts to the satisfaction of the Minister the stamp thereon shall be cancelled, and the instrument shall be stamped with the same amount of duty by means of the lawful die without the payment of any penalty; (b) all persons having in their possession any material stamped with the discontinued die which by reason of the providing of such new die has been rendered useless may at any time within six months after the day mentioned in such notice send the same to the chief office, and the Minister may thereupon cause the stamps on such material to be cancelled and the same material or, if the Minister thinks fit, any other material to be stamped with the new die in lieu of and to an equal amount with the stamps so cancelled (1) No document or instrument shall be deemed or taken to be duly or properly stamped with an adhesive stamp to denote the payment of any fee or duty unless the words " stamp duty " are printed on and form part of such stamp. (2) Notwithstanding anything in the last preceding sub-section, if before the 'thirtieth day of June One thousand nine hundred and one any document or instrument chargeable with or liable to the payment of any fee or duty by stamps is stamped with a Victorian adhesive stamp or stamps on which the words " stamp duty" are not printed and form part of the stamp, then on application at any time to the Comptroller of Stamps such document or instrument, if the face value of the stamp or stamps thereon is sufficient, may pursuant to the provisions of this Act be stamped with a particular stamp denoting that it is duly stamped, and thereupon such document shall be admissible in evidence and available for all purposes notwithstanding any objection relating to fees or stamps or duty thereon. Duty stamps only to be used tor purposes of this Act. s Saving as to documents stamped with wrong stamp before 30ch June

64 Stamps. No Minister to appoint distributors of stamps. s Appointment of sellers ot duty stamps. No. saw Granting of licences to deal in stamps. s. 145; No s (1) The Minister shall appoint persons to be distributors of stamps under this Act who (a) shall sell such of the said stamps as are required ; and (b) shall keep an account of the number denomination and amount thereof according as they receive and sell them. (2) The Minister may at any time revoke any such appointment (1) The Minister may appoint any person in the public service of Victoria to sell and distribute sitamps and forms impressed with stamps at any place named in the appointment, and may at any time revoke any such appointment. (2) The Comptroller of Stamps may authorize any person or class of persons in the public service of Victoria to sell and distribute stamps and forms impressed with stamps at any specified place, subject to the consent of the Minister administering the department in which the person so authorized is employed, and may at any time revoke any such authorization. (3) The Minister may, pursuant to any arrangement made between the Government of the Commonwealth and the Government of Victoria, authorize any person or class of persons in the service of the Commonwealth to sell and distribute stamps and forms impressed with stamps, and may at any time revoke any such authorization. (4) Any manager of a bank or branch bank or any barrister and solicitor or any other person may if so authorized by the Minister in writing sell and distribute stamps and forms impressed with stamps. (5) Notwithstanding anything in this Act it shall be lawful for the persons so appointed or authorized to sell and distribute without a licence stamps and forms impressed with stamps. (6) In this section "public service" includes the railway service the police force and officers of the Parliament (1) The Minister may at his discretion grant a licence to any person to deal in stamps at any place or places to be named in such licence. (2) Every person to whom any such licence is granted shall enter into a bond to Her Majesty in a penal sum of One hundred pounds with a condition that such licensed person does not sell or offer for sale or exchange or keep or have in his possession for the purpose of sale or exchange any stamps other than such as he has purchased or procured at the chief office or from some person duly appointed to sell and distribute stamps or duly licensed to deal in stamps, or from some person authorized by the Minister or Comptroller of Stamps as provided in this Act to sell and distribute stamps without a licence.

65 1958. Stamps. No (3) One such licence and one such bond only shall be required for any number of persons in partnership. (4) Every such licence shall contents and v ' J effect of a (a) specify the proper full name and place of abode or licence. business of the person to whom the same is granted ; and (b) contain a true description of every house or shop in or at which he is by such licence authorized to deal in duty stamps and such person shall not be thereby authorized or entitled to deal in stamps in or at any house shop or place not specified and described in his licence. (5) The Minister may whenever he thinks fit by notice in Revocation, writing signed by him revoke and make void any such licence Every person who is licensed to deal in stamps shall, unless authorized in writing to the contrary by the Minister (a) cause to be painted or printed at full length in Roman capital letters one inch at least in height and of a proper and proportionate breadth on some conspicuous place on the outside of the front of every house or shop in or at which he is licensed to deal in stamps and so that the same may be at all times plainly and distinctly visible and legible his proper full name together with the words " licensed to sell duty stamps "; and (6) continue such names and words so painted as aforesaid during all the time that he continues licensed as aforesaid and for every neglect or omission in any of suoh matters shall be liable to a penalty of not more than Five pounds : Provided that in the case of several persons licensed as aforesaid in partnership it shall be sufficient if the full name of one only of such persons is painted or printed in manner aforesaid. How licence to be notified. s Penalty. Proviso as to partners Upon the sale of stamps such discount or commission as Discount or the Governor irnor in Council directs shall be allowed to purchasers ^l^[ 0 ' thereof who are licensed to sell duty stamps. s (1) If any person licensed to deal in stamps dies or becomes bankrupt or insolvent or if the licence of any person to deal in stamps expires or is revoked and any such person at the time of his death bankruptcy or insolvency or at the expiration or revocation of his licence has in his possession any stamps, such person or his executor or administrator or the trustee receiver or assignee under his bankruptcy or insolvency may, within three months after the expiration or revocation of such licence or next after such death bankruptcy or insolvency (as the case may be), bring or send such stamps to the chief office. Return of stamps on determination of licence or on bankruptcy or insolvency or death of licensee. s. 148.

66 Stamps. No Payment on such return. Proof of certain matters required. Allowance tor spoiled stamps. s Stamp on any material. Adhesive stamp not used or affixed. Stamp on bill of exchange or promissory note not negotiated or issued. (2) The Minister or some officer authorized by him may in any such case pay to the person bringing or sending any stamps the amount of the duty thereon deducting therefrom the proper discount or commission. (3) The person who brings or sends such stamps shall prove to the satisfaction of the Minister or such authorized officer (a) that the same were actually in the possession of the person so dying or becoming bankrupt or insolvent or whose licence has expired or been revoked for the purpose of sale at the time when such person died or became bankrupt or insolvent or when such licence expired or was revoked ; and (b) that such stamps were purchased or procured by the person to whom such licence was granted at the chief office, or from some person duly appointed to sell and distribute stamps or duly licensed to deal in stamps or authorized to sell and distribute stamps without a licence Subject to the regulations and to the production of such evidence by affidavit or otherwise as the Minister requires, allowance shall be made by the Minister for (a) the stamp on any material inadvertently and undesignedly spoiled obliterated or by any means rendered unfit for the purpose intended before any instrument written thereon is executed by any party, if for such stamp no money or other consideration has been paid or given to the solicitor or other person employed to transact the business intended to have been carried into execution thereby or to the person by whom the same was written; (b) any adhesive stamp which has never been used or affixed to any material but which been inadvertently and undesignedly spoiled or rendered unfit for use ; (c) the stamp used or intended to be used for any bill of exchange or promissory note signed by or on behalf of the drawer or intended drawer but not (i) delivered out of his hands to the payee or intended payee or any person on his behalf ; or (ii) deposited with any person as a security for the payment of money ; or (iii) in any way negotiated issued or put in circulation or made use of in any other manner whatever which, being a bill of exchange, has not been accepted by the drawee :

67 1958. Stamps. No Provided that the material on which any such stamp is stamped does not bear any signature intended as or for the acceptance of any bill of exchange or promissory note to be afterwards written thereon; (d) the stamp used or intended to be used for any bill of exchange or promissory note signed by or on behalf of the drawer thereof but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, has been presented for acceptance or accepted or endorsed or, being a promissory note, has been delivered to the payee : Provided that another completed and duly stamped bill of exchange or promissory note is produced identical in every particular except in the correction of such error or omission as aforesaid with the spoiled bill or note ; (e) the stamp used for (i) an instrument executed by any party thereto but afterwards found to be absolutely void in law from the beginning ; (ii) an instrument executed by any party thereto but afterwards found unfit by reason of any error or mistake therein for the purpose originally intended ; (iii) an instrument executed by any party thereto but which, by reason of the death without having executed the same of any person by whom it is necessary that it should be executed or of the refusal of any such person to execute the same or to advance any money intended to be thereby secured, cannot be completed so as to effect the intended transaction in the form proposed ; (iv) an instrument executed by any party thereto which, for want of the execution thereof by some material and necessary party and his inability or refusal to sign the same, is in fact incomplete and insufficient for the purpose for which it was intended : (v) an instrument executed by any party thereto which, by reason of the refusal of any person to act under the same or by the refusal or non-acceptance of any office thereby granted, totally fails of the intended purpose ; Stamp on bill of exchange ot promissory note issued or presented. Stamp on certain instruments. Instrument found to be void in law. Instrument unfit on account of mistake. Instrument which cannot be completed. Instrument which party refuses or Is unable to complete. Instrument under which party refuses to act.

68 Stamps. No Instrument void for nonregistration. Instrument rendered unnecessary by another. Instrument spoilt and another substituted. But executed instruments to be cancelled. Time within which application for allowance to be made. No action commenced In which instrument evidence. (vi) (vii) (viii) an instrument executed by any party thereto which, for want of enrolment or registration within the time required by law, becomes null and void ; an instrument executed by any party thereto which becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument duly stamped; an instrument executed by any party thereto which is inadvertently and undesignedly spoiled and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped : Provided that- (a) in the case of an executed instrument (i) the instrument is given up to be cancelled ; (ii) the application for relief is made within two years after the date of the instrument or, if it is not dated, within two years after the execution thereof by the person by whom it was first or alone executed, except where from unavoidable circumstances any instrument for which another instrument has been substituted cannot be given up to be cancelled within the aforesaid period, and in that case within two years after the date or execution of the substituted instrument ; where the spoiled instrument has become void for want of enrolment or registration, and in that case within two years next after it has so become void ; where the spoiled instrument has been sent abroad, and in that case within two years after it has been received back in any part of Victoria ; and (iii) no action has been brought or suit commenced in which the instrument could or would have been given or offered in evidence ; and

69 1958. Stamps. No (b) in the case of stamped material not having any executed instrument written thereon and of an adhesive stamp not affixed to any material, the application for relief is made within two years after the stamp has been spoiled as aforesaid. As to time for Application where instrument not executed (1) When any person has inadvertently used for an instrument liable to duty a stamp of greater value than was necessary or has inadvertently used any stamp for an instrument not liable to any duty, the Minister may, on application made within two years after the date of the instrument, or, if it is not dated, within two years after the execution thereof by the person by whom it was first or alone executed, and upon the instrument if liable to any duty being restamped with the proper duty, cancel and allow as spoiled the stamp so misused. (2) In any case in which allowance is made for spoiled or misused stamps the Minister may give in lieu thereof other stamps of the same denomination and value or, if required and he thinks proper, stamps of any other denomination to the same amount and value or, at his discretion, the same value in money, deducting the proper allowance on the purchase of stamps of the like description. (3) When any person has used an adhesive stamp for an instrument liable to duty and such duty is required by this Act to be denoted by an impressed stamp the Minister may, upon the instrument being impressed with the proper duty, cancel and allow as spoiled the adhesive stamp so misused. Allowance for misused stamps. s. ISO; No s. 7. Allowance how to be made When any person is possessed of a stamp which has not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Minister may if he in his discretion thinks fit repay to him the amount or value of such stamp in money, deducting the proper discount, upon his delivering up the stamp to be cancelled and proving to the satisfaction of the Minister (a) that it was purchased by him with a bonafideintention to use it; and (b) that he has paid the full value thereof without any deduction (except only the amount of such discount) ; and (c) that the stamp was so purchased within the period of two years next preceding the application at the chief office or from some person duly appointed to sell and distribute stamps or duly licensed to deal in stamps. VOL. VII. S3 Repurchase by Minister of stamps not wanted

70 Stamps. No Penalty on unauthorized persons holding themselves out as dealers in stamps. s Every person who is not duly appointed to sell and distribute stamps or duly licensed to deal in stamps who writes paints or marks or causes or procures to be written painted or marked or permits or suffers to continue written painited or marked upon any part of his house or shop either in the inside or on the outside thereof or upon any board or any material whatever exposed to public view whether the same is affixed to his house or shop or not any word or words importing or signifying or intended to import or signify that he is a vendor of or dealer in duty stamps shall, for every day on which such offence is committed or continued, be liable to a penalty of Five pounds. No person except distributor to deal in stamps without licence. s No person, other than such distributor of stamps as aforesaid or such persons as are authorized by the Minister or Comptroller of Stamps to sell and distribute stamps without a licence, shall sell or deal in stamps in Victoria without having obtained from the Minister a licence for that purpose which is in force and unrevoked at the time of such sale or dealing : Provided that it shall be lawful for any person employed to prepare write or engross any deed or instrument liable to stamp duty to charge his employer with the amount of the stamp or stamps impressed thereon without having obtained any such licence as aforesaid to sell or deal in stamps. Penalty for unauthorized dealing in stamps. No. S Penalty where dealing is with forged Power to proceed otherwise reserved (1) Every person who (a) not being duly appointed or authorized to sell and distribute stamps or duly licensed to deal in stamps, deals in any manner in stamps in any part of Victoria; or (b) being duly licensed to deal in stamps, deals in any manner in stamps at any house shop or place not specified and described in his licence shall for every such offence be liable to a penalty of not more than Ten pounds. (2) If in any proceeding for any such offence it appears that any stamp which has been sold or exchanged or offered for sale or exchange is forged, although the same has not been so alleged in the information or complaint, a conviction shall be made against the offender for a sum of not less ithan Ten pounds and not more than Twenty pounds, and the special matter shall be stated in the conviction as the cause of such increase of penalty. (3) Nothing in this section shall exempt any person from the legal consequences of selling uttering or having in possession any forged stamp knowing the same to be forged.

71 1958. Stamps. No (1) Every person whether licensed to deal in stamps or not who hawks or carries about or offers for sale or exchange any stamps shall be liable to a penalty of Ten pounds irrespective of any penalty to which if unlicensed he is or may be liable for dealing in stamps without a licence. (2) It shall be lawful for any person without any other warrant than this Act to apprehend any person so offending and take him or cause him to be taken before a justice of the peace to be dealt with according to law. (3) If the offender does not immediately on his conviction pay the said penalty of Ten pounds he shall be committed to prison for a term of not more than three months unless the penalty is sooner paid. (4) All stamps which are found in the possession of any such offender shall be forfeited and may be taken possession of by any person authorized by the Minister or by any member of the police force and shall be delivered to the Minister to be disposed of as he thinks fit. (5) If the offender is not apprehended and proceeded against in the manner hereinbefore mentioned the said penalty of Ten pounds shall be recoverable in the same manner as any other penalty imposed by this Act. Penalty for hawking stamps. s Mode of proceeding. Enforcement of penally. Forfeiture of stamps found on offender. Penalty recoverable though offender not apprehended Every person who Penalty for * * fraudulently (a) fraudulently removes or causes to be removed from slulng'si. any document any adhesive stamp fixed thereon, or stam P s. affixes a stamp so removed to any other document f.'isl 204 or paper ; or (6) sells or offers for sale any adhesive stamp which has to his knowledge been fraudulently removed from any instrument, or utters any instrument having thereon any adhesive stamp which has to his knowledge been so removed ; or (c) practises or is concerned in any fraudulent act or contrivance or device not specially provided for with intent to defraud Her Majesty of any stamp duty shall be liable, over and above any other penalty to which he is liable, to a penalty of not more than Fifty pounds Every person who by any writing in any manner defaces Mto any adhesive stamp before it is used shall be liable to a penalty of adhesive not more than Five pounds : f^"", r Provided that any person may, with the express sanction of s the Minister and in the manner and in conformity with the conditions prescribed, write upon an adhesive stamp before it is used for the purpose of identification thereof.

72 Stamps. No Proceedings not to be quashed for want of form or removed by certiorari. s Recovery of penalties. s. 159; No s. 8 (1). Stay of proceedings and reward of Informer. Application of penalties. s 160; No s. 8 (2). Criminal offences relating to stamps Felonies Proceedings to be had or taken under this Act shall not be quashed or vacated for want of form or removed by certiorari (1) Except where express provision is made to the contrary, all pecuniary penalties incurred under this Act may be recovered in a summary way before a court of petty sessions with full costs of proceedings. (2) The Minister may at his discretion (a) stay or compound proceedings for any such penalty ; (b) mitigate the same ; (c) reward any person who informs him of any offence against this Act or assists in the recovery of any penalty. (3) The Comptroller of Stamps may, without instituting proceedings against any person for the recovery of any pecuniary penalty for which provision is made in this Act or the regulations, demand and receive the amount of such penalty or such reduced amount (not being less than the prescribed minimum penalty, if any) as he thinks fit from such person, whereupon (a) if such person pays such amount to the Comptroller within fourteen days after the demand, no proceedings shall be taken against him in relation to the offence; (b) if such person does not so pay such amount, the Comptroller may cause proceedings to be instituted in relation to the offence All penalties recovered under this Part, including all amounts paid under sub-section (3) of the last preceding section, shall be paid into the Consolidated Revenue (1) Every person who (a) forges a die or stamp or any part of a die or stamp ; or (b) without lawful excuse (the proof of which lawful excuse shall lie on the person accused) makes an impression or any part of an impression upon any material with a forged die or forges the impression or any part of the impression of any die upon any instrument; or (c) with intent to defraud stamps or marks any document with any forged stamp or die ; or (d) knowingly sells or exposes for sale or utters or uses any forged stamp or forged part of a stamp or any forged impression or part of an impression of any stamp or die ; or

73 1958. Stamps. No (e) knowingly and without lawful excuse (the proof of which lawful excuse shall lie on the person accused) has in his possession (i) any forged die or stamp or part of a die or stamp ; or (ii) any stamp or part of a stamp which has been fraudulently cut torn or otherwise removed from any material; or (iii) any stamp which has been fraudulently mutilated ; or (iv) any stamped material out of which any name sum date or other matter or thing has been fraudulently erased or otherwise either really or apparently removed ; or (/) causes or procures or knowingly aids abets or assists in the doing of any of such acts shall be guilty of felony and shall be liable to imprisonment for a term of not more than fifteen years. (2) Every person Who Misdemeanours. (a) fraudulently cuts tears or in any way removes from any stamped material any stamp or the impression of any stamp or die with the intent that any use should be made of the same or of any part thereof ; or (b) fraudulently mutilates any stamp with intent that any use should be made of any part of such stamp ; or (c) fraudulently fixes or places upon any instrument or material or upon any stamp any stamp or part of a stamp which, whether fraudulently or not, has been cut torn or in any way removed from any other stamped material or out of or from any other stamp; or (d) fraudulently erases or otherwise really or apparently removes from any stamped material any name sum date or other matter or thing whatsoever thereon written with the intent that any use should be made of the stamp upon such material; or (e) causes or procures or knowingly aids abets or assists in the doing of any of such acts shall be guilty of misdemeanour and shall be liable to imprisonment for a term of not more than three years. (3) In this section "die" includes any plate type tool Or Interpretation, implement which can be used as a die or any part of any such " D fc-" plate type tool or implement.

74 Stamps. No Entry and search where offence suspected. s Power to break open doors. As to things found. Further proceedings tor the detection of forged scamps. s Power to break open doors. Constables to assist. Penalty for resisting obstructing or refusing to assist (1) On information given before any justice of the peace upon oath that there is just cause to suspect any person of being guilty of any of the offences mentioned in the last preceding section, such justice may grant a warrant under his hand to authorize any member of the police force to enter into any dwelling-house room workshop outhouse or other building or place belonging to or occupied by the suspected person or where he is suspected of being or having been in any way engaged or concerned in the commission of any such offence, or of secreting any forged die or stamp or any machinery implements or utensils applicable to the commission of any such offence, or where any forged die or stamp is suspected to be kept, and to search the same. (2) If on demand of admittance and notice of such warrant any outer door of any such dwelling-house workshop outhouse or other building or place or any inner door /thereof is not opened, some authorized person may break open the same. (3) If upon such search any of the said several matters and things are found, the same may be seized and carried away in order that they may be produced in evidence against any offender, and shall afterwards, whether produced in evidence or not, by order of the court or judge before whom such offender is tried or in case there is no such trial within a period of six months by order of some justice of the peace be delivered over to the Minister to be defaced or destroyed or otherwise disposed of as he thinks fit (1) On information given to the Comptroller of Stamps that there is reasonable cause ito suspect that any person appointed to sell or distribute stamps or being or having been licensed to deal in stamps has in his possession any forged stamps, the Comptroller of Stamps may by warrant under his hand authorize any person to enter between the hours of nine in the morning and seven in the evening into any dwelling-house room shop warehouse outhouse or other building of or belonging to any such suspected person. (2) If on demand of admittance and notice of such warrant any outer door of any such dwelling-house room shop warehouse outhouse or other building or any inner door thereof is not opened, such authorized person may break open the same and search for and seize any stamps that may be found in any such place as aforesaid or elsewhere in the custody or possession of such suspected person. (3) All members of the police force shall, upon the request of any person acting under any warrant such as is referred to in this or the last preceding section, aid and assist in the execution thereof. (4) Every person who (a) refuses to permit any such search or seizure as is referred to in this or the last preceding section to be made as aforesaid ; or