South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the context otherwise requires—
"administration" means—
(a)
probate or letters of administration (with or without a will annexed) granted
under the law of this State or of some other place;
(b) any
rule or order of a court or judge, and any deed or document whereby a person
becomes entitled under the law of this State, or of some other place, to
administer, take charge of, or become receiver of, any property of a deceased
person;
"administrator" means—
(a) any
executor to whom probate of a will has been granted; or
(b) any
person to whom letters of administration, with or without a will annexed, have
been granted; or
(c) any
person who becomes entitled to administer, take charge of, or become receiver
of, any property of a deceased person,
either under the law of this State or any other place;
"commissioner" means the Commissioner of Succession Duties appointed pursuant
to this Act and includes the Deputy Commissioner of Succession Duties and any
other officer while performing any of the duties or functions of the
commissioner;
"deed of gift" means every deed of gift absolute, and every deed of
conveyance, transfer, appointment under power, declaration of trust, or other
non-testamentary disposition of property made by any person, and containing
trusts or dispositions to take effect or which shall or may take effect during
his lifetime, and not being made before and in consideration of marriage or in
pursuance of a binding contract entered into before and in consideration of
marriage, or in favour of a bona fide purchaser or incumbrancee for full
consideration in money or money's worth, and whether or not the property
comprised in the deed is subject to any limitation;
"disposition" includes release, discharge, surrender, forfeiture or
abandonment at law or in equity of any debt, contract or chose in action, or
of any right, power, estate or interest in or over any property, (where the
right, power, estate or interest was created by an instrument executed or an
arrangement made by a person after the commencement of the Succession Duties
Act Amendment Act 1970 ) whether or not the disposition is effected by
instrument in writing;
"duty" or "duties" means succession duty or duties under this Act or the
repealed Acts;
"net present value"—
(a) in
relation to property given, accruing or derived under a deed of gift or in any
of the circumstances mentioned in paragraph (n) or (o) of
subsection (1) of section 8 of this Act, means the net value of the
property at the date when the disposition thereof is made; and
(b) in
relation to any other property derived from a deceased person, means the net
value of the property at the time of his death;
"person" includes body corporate, company, and society;
"property" includes any interest in property;
"putative spouse" in relation to a deceased person means a person adjudged
under the Family Relationships Act 1975 to have been a putative spouse of
the deceased person as at the date of his death;
"reciprocating State" means any State or country (including any part of His
Majesty's dominions) declared by proclamation for the time being in force to
be a reciprocating State for the purposes of this Act;
"repealed Acts" means the Acts repealed by this Act or by the Succession
Duties Act 1893 ;
"Savings Bank" means any of the following banks namely:
Australia and New Zealand Savings Bank Limited, Bank of New South Wales
Savings Bank Limited, C.B.C. Savings Bank Limited, E. S. & A. Savings Bank
Limited, The Bank of Adelaide Savings Bank Limited, The Commercial
Savings Bank of Australia Limited, The Commonwealth Savings Bank of Australia,
The National Bank Savings Bank Limited, The Savings Bank of South Australia;
"settlement" means every conveyance, transfer, appointment under power,
declaration of trust, or other non-testamentary disposition of property made
by any person containing trusts or dispositions to take effect upon or after
the death of the settlor or any other person when the settlor or other person
shall not have died before the twenty-sixth day of October, 1893;
"spouse" in relation to a deceased person means a person who was his lawful
spouse on the date of his death and includes a putative spouse;
"testamentary expenses" means any expenses incurred in obtaining
administration of any property of a deceased person by an administrator, and
in vesting in the administrator the property to which the administration
relates;
"the court" means the Supreme Court, or any judge thereof.
(1a) Where—
(a) by
virtue of the exercise of a power of appointment exercisable under or in
relation to any trust or disposition contained in any conveyance, transfer,
appointment under power, declaration of trust, or other non-testamentary
disposition of property, any property or the right to assume immediate
possession and enjoyment of any property accrues to any person upon, or by
reason of, the death of some other person; and
(b) such
power of appointment is exercised after the commencement of the Succession
Duties Act Amendment Act 1963 ,
that trust or disposition shall, for the purposes of this Act, be deemed to be
a trust or disposition, as the case may be, to take effect upon the death of
that other person.
(1b) Where—
(a)
under any trust or disposition referred to in paragraph (a) of
subsection (1a) of this section, any property has become vested in any
person but, by virtue of the existence of an express or implied power of
appointment or revocation or condition in defeasance, that vesting does not
become absolute until the death of some other person; and
(b) upon
or by reason of the death of that other person the vesting becomes or is
rendered absolute,
that trust or disposition shall, for the purposes of this Act, be deemed to be
a trust or disposition, as the case may be, to take effect upon the death of
that other person.
(2) The word "duty" in
section 12 of the Administration and Probate Act 1919 shall mean duty
under this Act, or any Act amending the same or substituted therefor.