Western Australian Consolidated Acts

STAMP ACT 1921 - SCHEDULE 4

[s. 122]

        [Heading inserted by No. 31 of 2006 s. 16.]

Division 1  —  Provisions for Revenue Laws Amendment Act 2006

        [Heading inserted by No. 31 of 2006 s. 16.]

1 .         Application of old Part IVB

        (1)         In subclause (2) —

        old Part IVB has the same meaning as in section 94 of the Business Tax Review (Assessment) Act (No. 2) 2003 .

        (2)         Despite section 94(7) of the Business Tax Review (Assessment) Act (No. 2) 2003 , on 1 January 2007 the old Part IVB ceases to apply in relation to the conduct of a rental business on or after that date.

        [Clause 1 inserted by No. 31 of 2006 s. 16.]

2 .         Applications under section 75AH

                Despite section 75AH(5) (as inserted by section 6 of the Revenue Laws Amendment Act 2006 ), an application under section 75AH in respect of a further instrument executed on or after 1 July 2004 and before the day on which the Revenue Laws Amendment Act 2006 receives the Royal Assent may be made within 12 months after the day on which that Act receives the Royal Assent.

        [Clause 2 inserted by No. 31 of 2006 s. 16.]

3 .         Application of Act to certain mortgages and advances

                Despite the amendments made by section 14 of the Revenue Laws Amendment Act 2006 , item 13(2), (2a) and (2b) of the Second Schedule as in force immediately before 1 July 2006 continues to apply to and in relation to —

            (a)         mortgages that were executed before 1 July 2006 or that first affected property in Western Australia before 1 July 2006; and

            (b)         advances or further advances made before 1 July 2006 secured under such mortgages.

        [Clause 3 inserted by No. 31 of 2006 s. 16.]

4 .         Application of Act to certain instruments referred to in the Second Schedule item 19

                Despite the amendments made by sections 5(1) and 15 of the Revenue Laws Amendment Act 2006 , section 75AG(8) and items 13(3)(b), 17(b) and 19 of the Second Schedule as in force immediately before the day on which the Revenue Laws Amendment Act 2006 receives the Royal Assent continue to apply to and in relation to instruments referred to in the Second Schedule item 19 that were executed before that day.

        [Clause 4 inserted by No. 31 of 2006 s. 16.]

Division 2  — Provisions for Revenue Laws Amendment (Taxation) Act 2007

        [Heading inserted by No. 12 of 2007 s. 15.]

1 .         Application of Act in relation to certain first home owners

        (1)         Subject to subclause (3), this Act applies to and in relation to an instrument referred to in section 75AG(1) executed on or after 10 May 2007 as if the amendments in sections 11 and 12 of the Revenue Laws Amendment (Taxation) Act 2007 had come into operation on 10 May 2007.

        (2)         If, in relation to an instrument referred to in section 75AG(1) executed on or after 12 February 2007 and before 10 May 2007, the transferee, or each transferee, is a participant in the scheme known as the First Start Shared Equity Scheme (provided by the State through the Department of Housing and Works), this Act applies to and in relation to the instrument as if the amendments in sections 11 and 12 of the Revenue Laws Amendment (Taxation) Act 2007 had come into operation on 12 February 2007.

        (3)         If an instrument referred to in section 75AG(1) (other than an instrument to which subclause (2) applies) was executed before 10 May 2007, this Act applies to and in relation to —

            (a)         the instrument; and

            (b)         if the instrument is replaced by an instrument executed on or after 10 May 2007 — the replacement instrument, to the extent to which it is an instrument referred to in section 75AG(1),

                as if the amendments made by sections 11 and 12 of the Revenue Laws Amendment (Taxation) Act 2007 had not come into operation.

        (4)         In this clause, a reference to an instrument referred to in section 75AG(1) includes a reference to an instrument that would have been referred to in section 75AG(1) but for the amount or value of the consideration exceeding $350 000 or $200 000 (as the case requires).

        [Clause 1 inserted by No. 12 of 2007 s. 15.]

2 .         Application of Act in relation to certain motor vehicles — 1 July 2007

        (1)         This Act as amended by sections 13(1), (3) and (4) and 14 of the Revenue Laws Amendment (Taxation) Act 2007 applies to and in relation to the grant or transfer of a licence the application for which was made on or after 1 July 2007.

        (2)         If —

            (a)         the application for the grant or transfer of a licence was made before 1 July 2007; or

            (b)         under section 76K, the amount of duty payable in respect of the grant or transfer of a licence was assessed before 1 July 2007,

                this Act applies to and in relation to the grant or transfer of the licence as if the amendments made by sections 13(1), (3) and (4) and 14 of the Revenue Laws Amendment (Taxation) Act 2007 had not come into operation.

        [Clause 2 inserted by No. 12 of 2007 s. 15.]

[ 3.         Deleted by No. 30 of 2008 s. 8.]

4 .         Reassessments

                Subject to section 17 of the Taxation Administration Act 2003 , the Commissioner must make any reassessment necessary to give effect to this Division.

        [Clause 4 inserted by No. 12 of 2007 s. 15.]