South Australian Consolidated Acts

STAMP DUTIES ACT 1923 - SECT 82

82—Unregistered mortgages protected by caveats

        (1)         A caveat under the Real Property Act 1886 to protect an interest arising under an unregistered mortgage is, if the unregistered mortgage is liable to stamp duty and has not been produced for stamping, liable to stamp duty.

        (2)         The amount of duty chargeable on a caveat to which subsection (1) applies is the same as would be payable on the mortgage if produced for stamping.

        (3)         If—

            (a)         stamp duty is paid on a caveat in respect of a mortgage that has not been stamped; and

            (b)         the mortgage is subsequently produced for stamping,

the mortgage is not chargeable with duty to the extent to which duty in respect of the mortgage has been paid on the caveat.