South Australia
Stamp Duties Regulations 2002
under the Stamp Duties Act 1923

Contents
Part 1—Preliminary
1	Short title
4	Interpretation
Part 2—Recognised financial markets
5	Recognised financial markets
Part 3—Stamps
6	Impressed stamps
7	Certain persons are distributors of stamps
8	Security for distributors of stamps
9	Distributor to keep stamps available
10	Commission or discount on sale of stamps or on cheque duty under section 7
11	Application for allowance for spoiled or unused stamps or cheque forms
12	Grant of application and deduction
13	Disposal of spoiled or unused stamps
14	Disallowed applications for spoiled stamps or material
Part 4—Rental business
15	Exempted business under section 31B
16	Election and statements under section 31F
17	Monthly statement of rent received where alternative calculation is accepted
Part 5—Annual licences
18	Time for application for annual licence
Part 6—Printed cheque forms
19	Interpretation
20	Authority to print cheque forms
21	Restrictions on printing of cheque forms
22	Restrictions on delivery of printed cheque forms
23	Authorised printer to keep records
24	Financial institution to keep records
25	Returns by printers
26	Cheque form is stamped material
27	Exemptions
Part 7—Conveyances
28	Computation of duty where instruments are interrelated
29	Certain transactions excluded for the purposes of section 71E
29A	Special Acts (section 71F)
Part 8—General
30	Forms
31	Offences
Schedule—Forms
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Stamp Duties Regulations 2002.
4—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Stamp Duties Act 1923.

Part 2—Recognised financial markets
5—Recognised financial markets
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 the Bendigo Stock Exchange Limited;
	(c)	financial markets operated by stock exchanges that are members of the World Federation of Exchanges;
	(d)	financial markets operated by the Australia Pacific Exchange Limited.

Part 3—Stamps
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—Certain persons are distributors of stamps
	(1)	For the purposes of section 7 of the Act, the following persons are appointed as distributors of stamps:
	(a)	postmasters;
	(b)	officers of the Australian Postal Corporation directed to act as distributors of stamps by the Australian Postal Corporation or by a postmaster;
	(c)	managers of financial institutions or of branches of financial institutions.
	(2)	This regulation does not limit the power of the Governor to appoint distributors of stamps otherwise than by regulation.
8—Security for distributors of stamps
The Commissioner may, before issuing stamps to a distributor of stamps, require the distributor to give such security as the Commissioner determines to be appropriate.
9—Distributor to keep stamps available
A distributor of stamps must make available for disposal to the public such adhesive stamps as the Commissioner has issued to the distributor for that purpose.
10—Commission or discount on sale of stamps or on cheque duty under section 7
The Commissioner may grant—
	(a)	to a distributor of stamps, a commission or discount in respect of the stamps purchased for disposal by the distributor;
	(b)	to a financial institution, a commission of 1.25 per cent on the duty payable in relation to each return lodged by the financial institution under section 44 of the Act.
11—Application for allowance for spoiled or unused stamps or cheque forms
	(1)	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.
	(2)	An application for allowance for spoiled or unused cheque forms issued by a financial institution in respect of accounts held with the financial institution in South Australia must—
	(a)	be made by the head office for South Australia of the financial institution that paid the duty sought to be recovered; and
	(b)	be accompanied by a statutory declaration in a form approved by the Commissioner made by the principal officer of the financial institution in South Australia, or by a senior officer of the financial institution who is approved by the Commissioner and authorised by the principal officer for the purpose, and setting out such information as the Commissioner may reasonably require to satisfy himself or herself that—
	(i)	duty has been paid on the cheque forms concerned; and
	(ii)	the cheque forms have been unused or rendered useless by being inadvertently spoiled; and
	(iii)	the cheque forms have been destroyed under the supervision of officers approved by the Commissioner; and
	(iv)	the cheque forms were destroyed at the place and time and by the method stated in the application for allowance; and
	(v)	the dutiable value of the cheque forms destroyed is correctly stated in the application for allowance.
12—Grant of application and deduction
	(1)	Subject to subregulations (2) and (3), on the grant of an application under regulation 11, 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 Commissioner may, at his or her discretion, deduct 5 per cent or any lesser amount from—
	(a)	the payment; or
	(b)	the value of the stamps given in lieu of payment.
	(3)	The minimum amount which will be paid or given as stamps in lieu of payment under this regulation is $4.
13—Disposal of spoiled or unused stamps
	(1)	Subject to subregulation (2), 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.
	(2)	This regulation does not apply where the stamped material is a cheque form destroyed under the supervision of officers approved by the Commissioner.
14—Disallowed applications for spoiled stamps or material
Where 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.

Part 4—Rental business
15—Exempted business under section 31B
For the purposes of section 31B of the Act, the following class of business is exempted from the ambit of the definition of rental business:
The business of providing floor plan financing where each item of trading stock covered by a floor plan financing agreement is identified by a unique number.
16—Election and statements under section 31F
	(1)	For the purposes of section 31F(2) of the Act—
	(a)	an election to lodge an annual statement must be notified in a form approved by the Commissioner; and
	(b)	an annual statement lodged by a person who has made an election must be in a form approved by the Commissioner.
	(2)	For the purposes of section 31F(4) of the Act, a cancellation of election must be in a form approved by the Commissioner.
17—Monthly statement of rent received where alternative calculation is accepted
For the purposes of section 31K of the Act, where the Commissioner agrees to accept a statement—
	(a)	in which an amount is calculated on a basis different from that required under section 31F of the Act; or
	(b)	at a time, or relating to a period, otherwise than in accordance with that section,
the statement must be in a form approved by the Commissioner.

Part 5—Annual licences
18—Time for application for annual licence
For the purposes of section 34 of the Act, an application for an annual licence must be lodged not later than 31 January in each year, or within any further period, not exceeding one month, allowed by the Commissioner.

Part 6—Printed cheque forms
19—Interpretation
In this Part, unless the context otherwise requires—
authorised printer means a person who is authorised by the Commissioner to print cheque forms under this Part and includes a printer authorised to print cheques immediately before the commencement of these regulations.
20—Authority to print cheque forms
	(1)	On application by a financial institution, the Commissioner may in writing authorise a specified printer or other person to print cheque forms for and at the request of the financial institution.
	(2)	The Commissioner may at any time and for any reason revoke the authority of an authorised printer.
	(3)	A revocation under subregulation (2)—
	(a)	must be made by notice in writing forwarded by certified mail to the last known address of the authorised printer; and
	(b)	becomes effective immediately on the expiry of 7 days from the date of posting of the notice.
	(4)	The Commissioner must forward a copy of a notice of revocation to the financial institution for which the printer or other person is authorised to print cheque forms.
21—Restrictions on printing of cheque forms
A person must not—
	(a)	print a cheque form except pursuant to a request in writing from a financial institution; or
	(b)	print a cheque form while not being an authorised printer.
22—Restrictions on delivery of printed cheque forms
	(1)	Except in accordance with this regulation or with the written approval of the Commissioner, an authorised printer must not deliver a cheque form to any person other than the financial institution at whose request the cheque form has been printed.
	(2)	An authorised printer who has printed a cheque form may forward that cheque form to another authorised printer (the second printer), to enable a code line or other particulars to be printed on the cheque form.
	(3)	The second printer may deliver the cheque form to—
	(a)	the authorised printer from whom the cheque form was received, for delivery to the financial institution; or
	(b)	the financial institution at whose request the cheque form has been printed; or
	(c)	another person authorised in writing by the Commissioner to receive the cheque form.
	(4)	Where the second printer delivers a cheque form printed by another authorised printer to a financial institution or other person authorised by the Commissioner to receive it, the second printer is responsible for completing the return referred to in regulation 25.
23—Authorised printer to keep records
An authorised printer must keep records of—
	(a)	the number of cheque forms that the authorised printer—
	(i)	prints; or
	(ii)	receives as the second printer; and
	(b)	the name of the financial institution or person to whom the cheque forms are sent including, if the cheque forms are sent to a financial institution, the relevant office, department or branch of that financial institution; and
	(c)	the date on which the cheque forms are sent; and
	(d)	the number of cheque forms sent.
24—Financial institution to keep records
	(1)	A financial institution must keep records at its head office in South Australia of—
	(a)	all requests placed with its authorised printers for the printing of cheque forms; and
	(b)	the number of cheque forms delivered to it by authorised printers and the date and place of each such delivery; and
	(c)	the number of cheque forms transferred from one office or branch to another office or branch of the financial institution, the date of that transfer and the offices or branches to which the cheque forms are transferred; and
	(d)	the number of cheque forms (if any) destroyed before issue to a customer of the financial institution and the office or branch at which those cheques are destroyed; and
	(e)	where another person has been authorised by the Commissioner to receive cheque forms from the financial institution's authorised printer, the number of cheque forms delivered by the printer to that person.
	(2)	A financial institution must keep at each office or branch of the financial institution records recording the matters required under subregulation (1) to be recorded at its head office in relation to those cheque forms requested by, received or destroyed at or transferred from that office or branch.
	(3)	A financial institution must keep at each of its offices and branches chronological records of the number of cheque forms issued to each customer by that office or branch showing the name of the customer and the date of issue.
25—Returns by printers
	(1)	An authorised printer must make a monthly return of all cheque forms printed by the printer for a financial institution, including a nil return for any month in which no cheque forms were printed for the financial institution.
	(2)	A return under subregulation (1) must—
	(a)	be in a form approved by the Commissioner and contain the information required by the Commissioner; and
	(b)	be verified by a statutory declaration in a form approved by the Commissioner made by the authorised printer or a person employed by the printer who is approved by the Commissioner and authorised by the printer for the purpose; and
	(c)	be provided to the financial institution within 7 days after the end of the month to which the return relates.
26—Cheque form is stamped material
For the purposes of section 106 of the Act and these regulations, a cheque form on which duty has been paid is stamped material.
27—Exemptions
	(1)	The Commissioner may exempt any financial institution from compliance with any regulation under this Part.
	(2)	An exemption under subregulation (1)—
	(a)	must be in writing; and
	(b)	may be subject to such terms and conditions as the Commissioner thinks fit.
	(3)	A financial institution to which an exemption has been granted must comply with the terms and conditions of that exemption.
	(4)	The Commissioner may, by notice in writing given to the financial institution to which an exemption has been granted—
	(a)	vary or revoke the exemption; or
	(b)	vary or revoke the terms and conditions of the exemption.

Part 7—Conveyances
28—Computation of duty where instruments are interrelated
	(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 one 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.
29—Certain transactions excluded for the purposes of section 71E
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.
29A—Special Acts (section 71F)
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.

Part 8—General
30—Forms
	(1)	The forms set out in the Schedule must—
	(a)	be used for the purposes specified in the Schedule; and
	(b)	be completed in accordance with the instructions contained in the forms.
	(2)	The name of a person signing a form set out in the Schedule must be written legibly under or alongside the signature of that person.
	(3)	Where the space provided in a form is insufficient to contain all the required information—
	(a)	the information must be set out in an annexure to the form; and
	(b)	the annexure must have a distinguishing mark such as a letter or numeral; and
	(c)	the space in the form must contain the statement "See Annexure" together with the distinguishing mark for the annexure, or words to similar effect.
31—Offences
A person who contravenes or fails to comply with a provision of these regulations is guilty of an offence.
Maximum penalty: $2 000.

Schedule—Forms

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation revoked by principal regulations
The Stamp Duties Regulations 2002 revoked the following:
Stamp Duties Regulations 1991
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2002	157	Gazette 15.8.2002 p3070	1.9.2002: r 2	
2003	162	Gazette 10.7.2003 p2914	1.8.2003: r 2	
2008	4	Gazette 24.1.2008 p314	24.1.2008: r 2	
2008	211	Gazette 17.7.2008 p3381	17.7.2008: r 2	
2008	304	Gazette 11.12.2008 p5571	1.1.2009: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
rr 2 and 3	omitted under Legislation Revision and Publication Act 2002	24.1.2008	
Pt 2	substituted by 162/2003 r 4	1.8.2003	
r 5	varied by 211/2008 r 4(1)—(3)	17.7.2008	
Pt 7			
r 29A	inserted by 4/2008 r 4	24.1.2008	
Historical versions
1.8.2003		
24.1.2008