(1)  Subject to subsection (2) , no duty is chargeable on a duplicate or counterpart of an instrument that effects a dutiable transaction.

(2)  A duplicate or counterpart of an instrument that effects a dutiable transaction is not to be stamped as a duplicate or counterpart unless the proper duty has been paid on that instrument.

(3)  If the proper duty has not been paid on the instrument referred to in subsection (1) , the person liable to pay the duty is the person liable to pay the duty on that instrument.