Australian Capital Territory Stamp Duty Amendment Act 1986 (Cth)

Australian Capital Territory Stamp Duty Amendment Act 1986

No. 147 of 1986

An Act to amend the Australian Capital Territory Stamp Duty Act 1969, and for related purposes

[Assented to 11 December 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c. 1. (1) This Act may be cited as the Australian Capital Territory Stamp Duty Amendment Act 1986. (2) The Australian Capital Territory Stamp Duty Act 19691 is in this Act referred to as the Principal Act.

Commencement 2. (1) Subject to sub-section (2), this Act shall come into operation on the first day of the month next following the month in which it receives the Royal Assent.

(2) Paragraphs 4 (h) and 5 (c) and (d) and sub-section 6 (2) shall be deemed to have come into operation on 10 June 1986.

3. After section 5 of the Principal Act the following section is inserted:

Chattels included in the grant or conveyance of certain Crown leases "5a. (1) For the purpose of calculating the amount of stamp duty on an instrument included in a class of instruments specified in column 2 of Item 5, 6, 6a or 7 of Schedule 1, in relation to a conveyance of a Crown lease that provides for the land to be used for residential purposes only— (a) a reference in any of those Items to the value of the interest in the land transferred, agreed to be transferred or granted includes a reference to the value of any chattels— (i) that, by reason of the conveyance of the Crown lease, are transferred or agreed to be transferred (whether or not to the transferee of the Crown lease); or (ii) where the conveyance of the Crown lease and a transfer of, or agreement to transfer, the chattels (whether or not to the transferee of the Crown lease) are, in the opinion of the Commissioner, reasonably capable of being regarded as one transaction; and (b) a reference in any of those Items to the total amount or value of any consideration given or agreed to be given in respect of the lease, or the transfer or assignment of the lease, includes a reference to the total amount or value of any consideration given or agreed to be given in respect of the transfer or hiring of any chattels— (i) that, by reason of the conveyance of the Crown lease, are transferred or hired or agreed to be transferred or hired (whether or not to the transferee of the Crown lease); or (ii) where the conveyance of the Crown lease and— (a) a transfer or hiring of; or (b) an agreement to transfer or hire, the chattels (whether or not to the transferee of the Crown lease) are, in the opinion of the Commissioner, reasonably capable of being regarded as one transaction. "(2) In this section— (a) a reference to the conveyance of a Crown lease includes a reference to the grant of a Crown lease: (b) a reference to the transferee, in relation to the conveyance of a Crown lease, is a reference to the person to whom the lease is, or is to be, conveyed; (c) a reference to the hiring of chattels includes a reference to the grant or assignment of rights to use chattels; and (d) a reference to consideration given or agreed to be given in respect of the hiring of chattels is a reference to the total consideration