Title: Stamp Duties Regulations 2013
Subject: Stamp DutiesAct 1923
Author: Office of Parliamentary Counsel
Category: public
Document comments: 209

No 209 of 2013 published in Gazette 21.8.2013 p 3574

Stamp Duties Regulations 2013

Stamp Duties Regulations 2013
Schedule 1—Revocation of Stamp Duties Regulations 2002

Stamp Duties Regulations 2013
Revocation of Stamp Duties Regulations 2002—Schedule 1

South Australia
Stamp Duties Regulations 2013
under the Stamp Duties Act 1923

Contents
1	Short title
2	Commencement
3	Interpretation
4	Financial products (section 2 of Act)
5	Recognised financial markets (section 2 of Act)
6	Impressed stamps
7	Application for allowance for spoiled or unused stamps (section 106 of Act)
8	Grant of application and deduction
9	Disposal of spoiled or unused stamps
10	Disallowed applications for spoiled stamps or material
11	Computation of duty where instruments are interrelated (section 67 of Act)
12	Certain transactions excluded (section 71E of Act)
13	Special Acts (section 71F of Act)
14	Concession card holders
Schedule 1—Revocation of Stamp Duties Regulations 2002

1—Short title
These regulations may be cited as the Stamp Duties Regulations 2013.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Interpretation
In these regulations—
Act means the Stamp Duties Act 1923.
4—Financial products (section 2 of Act)
An interest in a unit trust scheme listed on a recognised financial market is brought within the ambit of the definition of financial product in section 2 of the Act.
5—Recognised financial markets (section 2 of Act)
The following financial markets are brought within the ambit of the definition of recognised financial market in section 2 of the Act:
	(a)	financial markets operated by the National Stock Exchange of Australia Limited;
	(b)	financial markets operated by stock exchanges that are members of the World Federation of Exchanges;
	(c)	financial markets operated by the Asia Pacific Exchange Limited;
	(d)	financial markets operated by NZX Limited.
6—Impressed stamps
	(1)	Unless the Commissioner otherwise determines, a person requiring an impressed stamp must—
	(a)	lodge with the Commissioner the instrument or other material to be stamped together with a requisition to the Commissioner; and
	(b)	pay in advance to the Commissioner the value of the stamp to be impressed.
	(2)	The Commissioner may determine the manner in which the value of a stamp must be paid.
7—Application for allowance for spoiled or unused stamps (section 106 of Act)
For the purposes of section 106 of the Act, an application for allowance for spoiled or unused stamps must be made in a form approved by the Commissioner and be accompanied by a statutory declaration setting out such information as the Commissioner may reasonably require to determine the application.
8—Grant of application and deduction
	(1)	Subject to subregulation (2), on the grant of an application under regulation 7, the Commissioner must—
	(a)	pay the amount allowed to the person entitled to the allowance; or
	(b)	give other stamps to the equivalent value to the allowance in lieu of payment.
	(2)	The minimum amount which will be paid or given as stamps in lieu of payment under this regulation is $4.
9—Disposal of spoiled or unused stamps
After the grant of an application for allowance for any spoiled or unused stamp or stamped material, the Commissioner must—
	(a)	cancel and retain or destroy the stamp or stamped material; or
	(b)	at his or her discretion, in the case of a spoiled stamp affixed to an instrument, cancel or remove the spoiled stamp and return the instrument to the applicant.
10—Disallowed applications for spoiled stamps or material
If the Commissioner refuses to grant an application for allowance for spoiled stamps or stamped material, the spoiled stamp or material on which it is affixed or impressed must be marked with the word "Disallowed" and the date on which it is disallowed, and be returned to the applicant.
11—Computation of duty where instruments are interrelated (section 67 of Act)
	(1)	For the purposes of section 67(2)(d) of the Act, an instrument is excluded from the operation of section 67 of the Act if—
	(a)	it is 1 of a series of separate conveyances under which rights or interests in a hotel, motel, resort or managed apartment complex are conveyed in separate parcels to different persons, each of whom is or becomes a member of the same managed investment scheme; and
	(b)	the Commissioner is satisfied that, apart from any arrangement or understanding entered into for the purposes of the managed investment scheme, no arrangement or understanding exists between the members under which the parcels of property conveyed are to be used otherwise than separately and independently from each other.
	(2)	In this regulation—
managed investment scheme and member of a managed investment scheme have the same respective meanings as in the Corporations Act 2001 of the Commonwealth.
12—Certain transactions excluded (section 71E of Act)
For the purposes of section 71E(2)(e) of the Act, the vesting of property or a right (whether certain or contingent) in a registered co‑operative by virtue of a merger or transfer of engagements under Part 12 Division 1 or Part 14 Division 3 of the Co‑operatives Act 1997 is a transaction of a prescribed class.
13—Special Acts (section 71F of Act)
Pursuant to paragraph (c) of the definition of special Act in section 71F(6) of the Act, the following Acts are prescribed for the purposes of that section:
	(a)	Financial Sector Reform (ACT) Act 1999 of the Australian Capital Territory (repealed);^1
	(b)	Financial Sector Reform (New South Wales) Act 1999 of New South Wales;
	(c)	Financial Sector Reform (Northern Territory) Act of the Northern Territory;
	(d)	Financial Sector Reform (Queensland) Act 1999 of Queensland;
	(e)	Financial Sector Reform (Tasmania) Act 1999 of Tasmania;
	(f)	Financial Sector Reform (Victoria) Act 1999 of Victoria;
	(g)	Acts Amendment and Repeal (Financial Sector Reform) Act 1999 of Western Australia. 
Note—
1	The Financial Sector Reform (ACT) Act 1999 (ACT) was repealed by the Statute Law Amendment Act 2002 (ACT) and was declared by that Act to be a law to which section 88 of the Legislation Act 2001 (ACT) applies. Section 88 of the Legislation Act 2001 (ACT) provides that the effect of a declared law does not end only because of its repeal.
14—Concession card holders
For the purposes of subparagraph (i) of paragraph (b) of exemption 8 of clause 2(4) of Schedule 2 of the Act, a State concession card issued by the administrative unit that is, under a Minister, responsible for the administration of the Family and Community Services Act 1972 is a State concession card of a prescribed class.

Schedule 1—Revocation of Stamp Duties Regulations 2002
The Stamp Duties Regulations 2002 are revoked.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 22 August 2013
No 209 of 2013
T&F12/097CS