New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 218D

218D Concession for advances charged with duty under corresponding Acts

(1) If the total of the amount of ad valorem duty chargeable under this Act in respect of the amount secured by a mortgage at a liability date and the amount of duty paid under a corresponding Act in respect of the mortgage exceeds the maximum duty charge in respect of the mortgage, the amount of ad valorem duty chargeable on the mortgage at the liability date is to be reduced by the amount necessary to ensure that the maximum duty charge is not exceeded.

(2) The
"maximum duty charge" in respect of the mortgage is the amount of ad valorem duty that would be chargeable in respect of the amount secured by the mortgage at the liability date if--

(a) it were a single mortgage over property wholly within New South Wales (that is, disregarding section 216), and

(b) it had not previously been stamped under this Act for any ad valorem duty.

(3) The amount of duty paid under a corresponding Act in respect of the mortgage is the total of all ad valorem duty already paid in respect of the amount secured by the mortgage under any corresponding Act.

(4) If a mortgage has already been duly stamped under this Act for an amount of duty, any reduction in the amount of duty chargeable on the mortgage at the liability date that is made under section 210 (3) is to be made after making any reduction required by this section.

(5) To avoid doubt, this section extends to a mortgage package assessed as a single mortgage.