Western Australian Numbered Acts Western Australian Numbered Acts Section 17 is
repealed and the following sections are inserted instead —
“
17. Liability to pay duty
(1) The person liable
to pay duty on an instrument on which duty is payable is —
(a) if a
person is specified in the Second Schedule as the person liable to pay the
duty on the instrument — that person;
(b) if
another person is expressly liable under any other provision of a stamp Act to
pay the duty — that other person;
(c) if
the instrument is a dutiable statement and neither paragraphs (a) nor (b)
apply — the person required to prepare the dutiable statement; or
(d) in
any other case — the party to the instrument by whom or on whose
behalf it is held.
(2) Nothing in this
section is to be taken —
(a) to
exonerate any other person from any liability imposed on the person under a
stamp Act; or
(b) to
exempt any instrument or matter from any duty to which it is liable under a
stamp Act.
(3) A person who is
liable to pay duty is also liable to pay any penalty tax, interest or other
amount payable under a stamp Act in connection with the duty.
17A. Time for payment of duty
(1) The liability to
pay duty on an instrument arises —
(a) when
the instrument is first executed; or
(b) if
the instrument is a dutiable statement, on the occurrence of the transaction
or event to which the statement relates.
(2) The duty is
payable within one month after the date of the assessment notice.
(3)
Subsection (2) does not apply in a particular case if a provision of a
stamp Act specifies that in that particular case duty is payable at, or
within, a different time or period.
(4) A taxpayer must
pay the duty within the time required by subsection (2) or that other
provision.
Penalty: $5 000.
17B. Requirement to lodge instrument
(1) A person who is,
or may be, liable to pay duty on an instrument must lodge the instrument with
the Commissioner —
(a)
within 2 months after the date on which the instrument was first executed; or
(b) if
the instrument is a dutiable statement —within 2 months after the
occurrence of the transaction or event to which the dutiable statement
relates.
Penalty: $5 000.
(2)
Subsection (1) does not apply in a particular case if a provision of a
stamp Act specifies that in that particular case the instrument must be lodged
at or within a different time or period.
17C. Instrument to be endorsed when duty paid etc.
(1) When —
(a) duty
is paid on an instrument;
(b)
penalty tax or any other amount payable under a stamp Act in respect of an
instrument is paid;
(c) the
payment of duty payable on, or penalty tax or any other amount payable under a
stamp Act in respect of, an instrument is waived;
(d) the
Commissioner assesses an instrument as being not chargeable with duty;
(e) the
Commissioner exempts an instrument from duty; or
(f) the
Commissioner allows a reduction of the duty payable on an instrument,
the Commissioner is to
endorse the instrument accordingly.
(2) An endorsement
under subsection (1) must be made in a prescribed manner.
(3) An instrument is
taken to be endorsed in accordance with subsection (1) if the
Commissioner endorses, in a prescribed manner, a copy or memorandum of the
instrument under section 20 of the Taxation Administration Act 2003
.
(4) The grant or
transfer of a licence (as defined in section 76B) is taken to be endorsed
in accordance with subsection (1) when it is granted or transferred.
(5) An endorsement on
an instrument, or on a copy or memorandum of an instrument, in a prescribed
manner is prima facie evidence of the matters noted in the endorsement.
(6) The Commissioner
may, at the request of a party to an instrument specified in the Third
Schedule, endorse the instrument as exempt from duty.
”.