(1) Unless a
transaction record for a dutiable transaction is duty endorsed, then, other
than in respect of criminal proceedings, the transaction record is not
available for use in any proceedings before a court or tribunal.
(2) Subsection (1)
does not apply to a transaction record —
(a)
where the person that produces the transaction record is the person liable to
pay the duty —
(i)
if the transaction record has been transmitted to the
Commissioner; or
(ii)
if the court or tribunal is satisfied that the
transaction record will be transmitted to the Commissioner in accordance with
arrangements approved by the court or tribunal;
or
(b)
where the person that produces the transaction record is not the person liable
to pay the duty —
(i)
if the name and address of the person so liable and the
transaction record have been transmitted to the Commissioner; or
(ii)
if the court or tribunal is satisfied that the name and
address of the person so liable and the transaction record will be transmitted
to the Commissioner in accordance with arrangements approved by the court or
tribunal.
(3) Subsection (1)
does not apply to —
(a) a
duty endorsed duplicate of a transaction record for a dutiable transaction; or
(b) an
unexecuted copy of an instrument that effects a dutiable transaction or an
instrument that evidences a dutiable transaction if a court or tribunal is
satisfied that a transaction record for the dutiable transaction is duty
endorsed.
[Section 279 inserted: No. 29 of 2012 s. 8.]