Northern Territory Numbered Acts

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REVENUE LAW REFORM (STAMP DUTY) ACT 2007 (NO 27 OF 2007) - SECT 16

Repeal and substitution of sections 9 and 9A

Sections 9 and 9A

repeal, substitute

9     Time for lodgement of instrument etc.

    (1)     Subject to this Act, a dutiable instrument must be lodged with the Commissioner for the assessment of duty:

    (a)     within 60 days after it is first executed; or

    (b)     if it becomes legally effective without execution – within 60 days after it becomes legally effective.

    (2)     The obligation imposed by subsection (1) applies:

    (a)     whether the instrument is first executed within or outside the Territory; and

    (b)     whether the instrument is within or outside the Territory.

    (3)     However, the obligation to lodge a dutiable instrument for the assessment of duty does not extend to:

    (a)     a motor vehicle certificate of registration; or

    (b)     a policy of insurance (or life insurance); or

    (c)     an instrument that is exempt from duty under any of the following provisions of Schedule 2:

        (i)     items 9 to 13;

        (ii)     item 15;

        (iii)     items 24 to 28.

    (4)     If the instrument is a statement or return it must be lodged on or before the last day allowed for its lodgement.

    (5)     Duty on an instrument, or to be assessed by reference to an instrument, must be paid on or before the last day allowed for lodgement of the instrument unless a later date is fixed in a notice of assessment of duty.

    (6)     A person who is liable to duty on an instrument, or to be assessed by reference to an instrument, must ensure that:

    (a)     the instrument is lodged with the Commissioner for the assessment of duty on or before the last day allowed for its lodgement; and

    (b)     the duty is paid on or before the last day allowed for payment.

    (7)     If this Act does not make a particular party to a dutiable transaction liable for payment of duty on the transaction, or an instrument related to the transaction, then all parties are jointly and severally liable for the payment of duty.

9A     Unstamped instruments not to be registered

A person must not register, enrol or enter a dutiable instrument in an official register or record unless it is duly stamped.

Maximum penalty:     50 penalty units.



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