Western Australia
Stamp Amendment (Budget) Act 2002
CONTENTS
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.The Act amended3
Part 2 — Transfer of property rate change
4.Second Schedule item 4 amended4
5.Transitional4
Part 3 — Vehicle licence rate change
6.Section 76B amended5
7.Second Schedule item 14 amended5
8.Third Schedule amended6
9.Transitional7
Part 4 — Policy of insurance rate change
10.Section 96 amended8
11.Second Schedule item 16 amended8
Western Australia
Stamp Amendment (Budget) Act 2002
An Act to amend the Stamp Act 1921.
[Assented to 28 June 2002]
The Parliament of Western Australia enacts as follows:
This Act may be cited as the Stamp Amendment (Budget) Act 2002.
(1)Subject to this section, this Act comes into operation on the day on which it receives the Royal Assent.
(2)Part 2 comes into operation, or is deemed to have come into operation, on 1 July 2002.
(3)Part 3 comes into operation —
(a)on 1 July 2002; or
(b)on the day on which this Act receives the Royal Assent, if that is after 1 July 2002.
(4)Part 4 comes into operation, or is deemed to have come into operation —
(a)on 1 July 2002 in relation to policies of insurance issued under the Motor Vehicle (Third Party Insurance) Act 1943 that are effected or renewed on or after 1 July 2002; and
(b)on 16 May 2002 in relation to policies of insurance issued under the Motor Vehicle (Third Party Insurance) Act 1943 that —
(i)were effected or renewed on or after 16 May 2002 but before 1 July 2002; and
(ii)are valid for a period commencing on or after 1 July 2002.
The amendments in this Act are to the Stamp Act 1921*.
[*Reprinted as at 3 Aug 2001.
For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 354.]
Part 2 — Transfer of property rate change
4.Second Schedule item 4 amended
(1)The amendments in this section are to the Second Schedule.
(2)Item 4(1)(a) is amended by deleting “$1.95” and inserting instead —
“ $2.00 ”.
(3)Item 4(1)(b) is amended by deleting “$1 560 and $2.85” and inserting instead —
“ $1 600 and $3.00 ”.
(4)Item 4(1)(c) is amended by deleting “$2 130 and $3.70” and inserting instead —
“ $2 200 and $4.15 ”.
(5)Item 4(1)(d) is amended by deleting “$7 680 and $4.55” and inserting instead —
“ $8 425 and $5.15 ”.
(6)Item 4(1)(e) is amended by deleting “$19 055 and $4.85” and inserting instead —
“ $21 300 and $5.50 ”.
Despite the amendments effected by this Part, the Stamp Act 1921 as in force immediately before 1 July 2002 continues to apply to and in relation to instruments of a kind referred to in the Second Schedule item 4(1) to that Act that were executed before 1 July 2002.
Part 3 — Vehicle licence rate change
Section 76B is amended by inserting the following definitions in their appropriate alphabetical positions —
“
“Commonwealth Act” means the Interstate Road Transport Act 1985 of the Commonwealth;
“corresponding State law” means a law of any other State or a Territory corresponding to the Road Traffic Act 1974;
“heavy vehicle” means a motor vehicle with a gross vehicle mass of more than 4.5 tonnes;
”.
7.Second Schedule item 14 amended
The Second Schedule item 14 is deleted and the following item is inserted instead —
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14. |
Motor vehicle licence, |
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(1)On the issue or transfer of a licence for a motor vehicle that is not a heavy vehicle — |
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The person in whose name the licence is issued or the transferee; and see section 76C(13) |
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(a)where the market value of the vehicle does not exceed $15 000 |
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(b)where the market value of the vehicle exceeds $15 000 but does not exceed $40 000 |
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(c)where the market value of the vehicle exceeds $40 000 |
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(2)On the issue of a licence for a heavy vehicle that has not previously been used nor registered under the Road Traffic Act 1974 or a corresponding State law |
(a)3% of the market value; and (b)$12 000 |
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(3)On the issue or transfer of a licence for any other heavy vehicle — |
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(a)where the market value of the vehicle does not exceed $15 000 |
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(b)where the market value of the vehicle exceeds $15 000 but does not exceed $40 000 |
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(c)where the market value of the vehicle exceeds $40 000 |
(a)5% of the market value; and (b)$20 000 |
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The duty payable under item 14 is to be rounded down to the nearest 5 cents |
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”.
The Third Schedule is amended as follows:
(a)by deleting item 9(1);
(b)in item 9(2), (3), (4) and (5) by deleting “RTA” in each place where it occurs and inserting instead —
“ Road Traffic Act 1974 ”.
(1)Despite the amendments effected by this Part, the Stamp Act 1921 as in force immediately before the commencement day continues to apply to and in relation to the issue or transfer of a motor vehicle licence the application for which was made before the commencement day.
(2)Despite subsection (1), if —
(a)the commencement day is after 1 July 2002;
(b)an application for the issue or transfer of a motor vehicle licence is made to a licensing authority on or after 1 July 2002; and
(c)stamp duty in respect of the issue or transfer of the licence is not paid before the commencement day,
then the Stamp Act 1921 as amended by this Part applies to and in relation to the issue or transfer of the licence.
(3)If, under section 76C(9), (10) or (10C) of the Stamp Act 1921, the amount of duty payable in respect of the issue or transfer of a licence is assessed before the commencement day, then the Stamp Act 1921 as in force immediately before that day continues to apply to and in relation to the issue or transfer of the licence and the assessment.
(4)In this Part —
“commencement day
Part 4 — Policy of insurance rate change
Section 96(1) and (2) are amended by deleting “item 16(1)(a), (1)(c)” and inserting instead —
“ item 16(1) ”.
11.Second Schedule item 16 amended
The Second Schedule item 16(1)(b) is amended by deleting “0.25” and inserting instead —
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8% of the amount calculated under section 96(2) |
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