South Australian Consolidated Acts

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SUCCESSION DUTIES ACT 1929 - SECT 55

55—When too much duty paid

        (1)         If after any duty has been paid under this Act it shall be found that too much duty has been paid, the commissioner, upon being satisfied, by examination of the parties or otherwise, as he may think fit, that too much duty has been paid, shall order that the amount overpaid together with interest at the rate fixed pursuant to subsection (2) of this section from the time of payment of the duty shall be returned to the person entitled to receive the same, and upon any such order the Treasurer shall pay the same out of the general revenue: Provided that if in any case duty has been paid in respect of any personal property in respect of which duty has been paid in any reciprocating State and in consequence thereof any duty under this Act is refunded, no interest as aforesaid shall be payable in respect of any amounts so refunded.

        (2)         The Treasurer may, from time to time, by notice published in the Gazette, fix the rate of interest payable under subsection (1) of this section.



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