Northern Territory Numbered Acts

REVENUE LAW REFORM (STAMP DUTY) ACT 2007 (NO 27 OF 2007) - SECT 38

(1)     Section 56A(1)

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    (1)     If:

    (a)     duty has been paid, or is payable, on a conveyance (other than a conveyance to which Division 8AB applies) or on the grant of a lease; and

    (b)     the conveyance or grant does not proceed:

        (i)     because of non-execution by an essential party,
non-fulfilment of a condition precedent or the operation of some provision of the instrument; or

        (ii)     because the entitlements purportedly conferred by the conveyance or grant are extinguished by rescission, cancellation or annulment of the conveyance or grant;

the Commissioner must, subject to subsection (2), refund the duty paid or remit the duty payable (as the case requires).

(2)     Section 56A(2)

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    (2)     A refund or remission of duty may only be made or granted under the Taxation Administration Act on an application:

    (a)     made within 90 days (or a longer period allowed by the Commissioner) after it first became apparent that the conveyance or grant would not proceed (which, in the case of rescission, cancellation or annulment, will be taken to be the date of the rescission, cancellation or annulment); and

    (b)     supported by all documents relevant to the application and such other evidence as the Commissioner may require.

(3)     Section 56A(6) and (7)

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    (6)     An assessment may be made under subsection (5) even though the period of limitation for making reassessments has expired.