Stamp Duties Act.-1923. with reference to any executed instrument upon the following questions I. Whether it is chargeable with any duty: II. With what amount of duty it is chargeable. (2) If the Commissioner is of opinion that such 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. (3) If the Commissioner is of opinion that such instrument is chargeable with duty, he shall assess the duty with which it is, in his opinion, chargeable, and when the instrument is duly stamped in accordance with the assessment of the Commissioner, it may also be stamped 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 shall be available for all purposes, notwithstanding any objection relating to duty.. (5) Notwithstanding anything contained in this section (a) any instrument upon which the duty has been assessed by (b) the stamping after the execution thereof of any instrument be lawful. PART 11. 24. (1) Any person who is dissatisfied with the assessment of Appeal from assessthe Commissioner may, on payment of duty in accordance therewith-ment. (a) within fourteen days after the date of the Commissioner's assessment forward to the Treasurer a statement of the grounds of his objection to the assessment; or (b) within twenty-one days after the date of the Commissioner's assessment, appeal to the Supreme Court. (2) If such person forwards to the Treasurer a statement of the grounds of his objection to the Commissioner's assessment, the Treasurer may confirm or modify such assessment. If such assessment is not confirmed, the amount of the duty to be ultimately retained shall be that fixed by the Treasurer, and the difference shall be refunded to the person forwarding the statement. (3) If, upon the confirmation or modification by the Treasurer of the Commissioner's assessment, such person is still dissatisfied, he may, within twenty-one days after the Treasurer's decision is communicated to him, appeal to the Supreme Court. (4) For the purpose of any appeal to the Supreme Court under this section, the appellant may require the Commissioner to state and sign a case setting forth the question upon which his opinion was required and the assessment made by him. (5) The Ibid., s. 20. PART II. Abstract of instru ment to be furnished. Ibid., s. 21. Records open to No instrument to be enrolled or regis. tered unless stamped. Ibid., s. 23. Stamp Duties Act.-1923. (5) The Commissioner shall thereupon state and sign a case accordingly and deliver the same to the appellant, and upon his application such case may be set down for hearing in the Supreme Court. (6) Upon the hearing of such case (at least seven days' notice of which shall be given to the Commissioner) the Court shall determine the question submitted, and assess the duty, if any, chargeable under this Act. (7) If it is decided by the Court that the assessment of the Commissioner is erroneous, any excess of duty which may have been paid in accordance with such erroneous assessment, together with any penalty which may have been paid in consequence thereof, shall be ordered by the Court to be repaid by the Commissioner to the appellant, together with the costs incurred by him in relation to the appeal. (8) If the assessment of the Commissioner is confirmed by the Court, the costs incurred by the Commissioner in relation to the appeal shall be ordered by the Court to be paid by the appellant to the Commissioner. (9) For the purposes of this section the Supreme Court may consist of one Judge only. 25. In any case where the Commissioner is required to express his opinion with reference to any instrument, the Commissioner may require to be furnished with an abstract of the instrument, and also such evidence as he deems necessary in order to show whether every fact and circumstance affecting the liability of the instrument to duty, or the amount of the duty with which the instrument is chargeable, has been fully and truly set forth, and the Commissioner may refuse to express any opinion with reference to the instrument until such abstract and evidence has been furnished accordingly. 26. All public officers having in their custody any rolls, books, records, papers, documents, or proceedings, the inspection of which 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 authorised by the Commissioner to inspect all such rolls, books, records, papers, documents, and proceedings, and to take such notes and extracts as such person deems necessary without fee or reward. 27. No public officer whose office it is to enrol, register, or enter in or upon any rolls, books, or records any instrument chargeable with any duty, or the memorial of any instrument chargeable with any duty, shall enrol, register, or enter any such instrument or memorial, unless the instrument is duly stamped. PART Stamp Duties Act.-1923. PART III. SPECIAL PROVISIONS WITH RESPECT TO CERTAIN STAMP DUTIES. Affidavits and Declarations. PART III. and declarations 28. The duty upon an affidavit or declaration may be denoted by Duty on affidavits an adhesive stamp, which shall be cancelled by the person making may be denoted by such affidavit or declaration. Agreements. adhesive stamps. 789, 1902, s. 6. be used for agree 29. The duty upon an agreement not under seal may be denoted Adhesive stamp may by an adhesive stamp, which shall be cancelled by one of the parties ment not under executing the agreement. seal. letters. 30. In any case where an agreement is constituted by two or When agreement more letters, such agreement and all such letters shall be deemed comprised of several to be duly stamped if any one of such letters is duly stamped with Ibid., Second the duty payable upon and for such agreement. Schedule, Note. 31. (1) Any contract or agreement in writing for the sale of any Certain contracts to estate or interest in any property whatsoever, except be chargeable as conveyances on sale. (a) property which cannot vest in the purchaser except upon 1216, 1915 20. registration of a conveyance; or (b) goods, wares, or merchandise; or (c) stock or marketable securities, or shares in the stock, funds, or capital of any corporation, company, or society, shall be charged with the same ad valorem duty as if it were an actual conveyance on sale of the estate or interest contracted or agreed to be sold. (2) Where duty has been duly paid in accordance with the provisions of subsection (1) hereof on any such contract or agreement as mentioned in that subsection, any conveyance made to the purchaser in pursuance of such contract or agreement shall not be chargeable with any duty; and the Commissioner, upon application and upon the production of such contract or agreement duly stamped, shall stamp such conveyance with a particular stamp denoting that it is duly stamped. (3) For the purposes of this section a receipt for the payment, in pursuance of any contract or agreement, of any purchase-money shall, in the absence of any further or other instrument being or evidencing such contract or agreement, be charged with ad valorem duty as herein before provided. (4) If any such contract or agreement as mentioned in subsection (1) hereof is afterwards rescinded or annulled, or for any other reason is not substantially performed or carried into effect so as to operate as, or to be followed by, a conveyance, the person who paid the ad valorem B-1569 PART III. Definitions. 1216, 1915, s. 6 (1). Yearly licences required by companies and persons carrying on insurance business. 789, 1902, s. 9. 1216, 1915, s. 6 (2). Stamp Duties Act.-1923. ad valorem duty upon such contract or agreement shall be deemed to be possessed, in respect of such contract or agreement, of stamped material rendered useless by being inadvertently spoiled, within the meaning of section 106, and the provisions of that section shall apply accordingly. 32. In this Act- "Firm of persons 66 Annual Licences. includes any association of underwriters carrying on marine assurance or insurance business through a managing underwriter solely : Company" includes corporation and society, whether corporate or uncorporate: "Policy 66 means and includes as well any policy as any instrument in the nature of a policy, an open policy, an insurance cover, or any instrument in any manner covering any assurance or insurance : Assurance or insurance business means and includes (a) the granting or issuing of any life, personal accident, fire, fidelity, guarantee, live stock, plate glass, marine or other assurance or insurance policies; (b) 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 life, personal accident, fire, fidelity, guarantee, live stock, plate glass, marine or other policy, whether issued before or after the passing of this Act; (c) the receiving of any letter or declaration of interest attaching to any life, personal accident, fire, marine or other policy issued in South Australia or elsewhere at any time, whether before or after the passing of this Act; or (d) the carrying out by means of assurance or insurance effected out of South Australia of any written, verbal, or implied contract or undertaking to effect assurance or insurance. 33. (1) Every company, person, or firm of persons which carries on or desires to carry on in South Australia any life, personal accident, fire, fidelity, guarantee, live stock, plate glass, marine or other assurance or insurance business whatever, and whether the head office or principal place of business of such company, person, or firm of persons is in South Australia or elsewhere, shall take out an annual licence every year in the form in the Third Schedule hereto. (2) The Commissioner is hereby authorised to issue such licence on the payment to him of the duty specified in the Second Schedule hereto. (3) The Stamp Duties Act.-1923. PART III. (3) The duty payable in respect of any annual licence shall be 789, 1902, s. 23 denoted by impressed stamps. (part). duration of licences. 34. An annual licence shall be issuable on the first day of January Time of issue and in every year: Provided that the first licence issued to any com- Ibid., s. 10. pany, 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, except where, in the opinion of the Commissioner, the licence should have been previously obtained, when the full amount of duty shall be payable thereon. licence. 35. (1) Any company, person, or firm of persons requiring an Application for annual licence shall make a written application to the Commissioner, stating therein- (a) the nature and exact amount of all the assurance or insurance (b) the exact amount of all gross premiums of any kind whatso- (c) the exact amount of all commissions or discounts actually paid or allowed; (a) the exact amount actually paid away by way of re-insurance effected in South Australia with any other such company, person, or firm of persons; and (e) the net amount of premiums in respect of which duty is chargeable. (2) The truth of the statements contained in any such application. shall be verified by a statutory declaration made 1. As to any company-by the public officer appointed under II. As to any person-by such person: III. As to any firm of persons-by any member of such firm (3) In case the information contained in any such application Ibid., s. 14. (4) Every |