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This is a Bill, not an Act. For current law, see the Acts databases.


STAMP AMENDMENT (BUDGET) BILL 2002

                       Western Australia


      Stamp Amendment (Budget) Bill 2002

                          CONTENTS


        Part 1 -- Preliminary
1.      Short title                             2
2.      Commencement                            2
3.      The Act amended                         3
        Part 2 -- Transfer of property rate
             change
4.      Second Schedule item 4 amended          4
5.      Transitional                            4
        Part 3 -- Vehicle licence rate change
6.      Section 76B amended                     5
7.      Second Schedule item 14 amended         5
8.      Third Schedule amended                  6
9.      Transitional                            7
        Part 4 -- Policy of insurance rate
             change
10.     Section 96 amended                      8
11.     Second Schedule item 16 amended         8




                                               page i
                           116--1
                           Western Australia


                     LEGISLATIVE ASSEMBLY



       Stamp Amendment (Budget) Bill 2002


                               A Bill for


An Act to amend the Stamp Act 1921.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Stamp Amendment (Budget) Bill 2002
     Part 1      Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Stamp Amendment (Budget)
                Act 2002.

5    2.         Commencement
          (1)   Subject to this section, this Act comes into operation on the day
                on which it receives the Royal Assent.
          (2)   Part 2 comes into operation, or is deemed to have come into
                operation, on 1 July 2002.
10        (3)   Part 3 comes into operation --
                 (a)   on 1 July 2002; or
                 (b)   on the day on which this Act receives the Royal Assent,
                       if that is after 1 July 2002.
          (4)   Part 4 comes into operation, or is deemed to have come into
15              operation --
                  (a) on 1 July 2002 in relation to policies of insurance issued
                        under the Motor Vehicle (Third Party Insurance)
                        Act 1943 that are effected or renewed on or after
                        1 July 2002; and
20               (b) on 16 May 2002 in relation to policies of insurance
                        issued under the Motor Vehicle (Third Party Insurance)
                        Act 1943 that --
                           (i) were effected or renewed on or after
                                16 May 2002 but before 1 July 2002; and
25                        (ii) are valid for a period commencing on or after
                                1 July 2002.




     page 2
                                   Stamp Amendment (Budget) Bill 2002
                                           Preliminary         Part 1

                                                                    s. 3



    3.   The Act amended
         The amendments in this Act are to the Stamp Act 1921*.
         [* Reprinted as at 3 Aug 2001.
            For subsequent amendments see 2001 Index to Legislation of
5           Western Australia, Table 1, p. 354.]




                                                                  page 3
     Stamp Amendment (Budget) Bill 2002
     Part 2      Transfer of property rate change

     s. 4



                Part 2 -- Transfer of property rate change
     4.         Second Schedule item 4 amended
          (1)   The amendments in this section are to the Second Schedule.
          (2)   Item 4(1)(a) is amended by deleting "$1.95" and inserting
5               instead --
                "   $2.00   ".
          (3)   Item 4(1)(b) is amended by deleting "$1 560 and $2.85" and
                inserting instead --
                "   $1 600 and $3.00 ".
10        (4)   Item 4(1)(c) is amended by deleting "$2 130 and $3.70" and
                inserting instead --
                "   $2 200 and $4.15    ".
          (5)   Item 4(1)(d) is amended by deleting "$7 680 and $4.55" and
                inserting instead --
15              "   $8 425 and $5.15    ".
          (6)   Item 4(1)(e) is amended by deleting "$19 055 and $4.85" and
                inserting instead --
                "   $21 300 and $5.50     ".

     5.         Transitional
20              Despite the amendments effected by this Part, the Stamp
                Act 1921 as in force immediately before 1 July 2002 continues
                to apply to and in relation to instruments of a kind referred to in
                the Second Schedule item 4(1) to that Act that were executed
                before 1 July 2002.




     page 4
                                                           Stamp Amendment (Budget) Bill 2002
                                                       Vehicle licence rate change     Part 3

                                                                                                                 s. 6



                         Part 3 -- Vehicle licence rate change
     6.            Section 76B amended
                   Section 76B is amended by inserting the following definitions in
                   their appropriate alphabetical positions --
5                  "
                            "Commonwealth Act" means the Interstate Road
                                Transport Act 1985 of the Commonwealth;
                            "corresponding State law" means a law of any other
                                State or a Territory corresponding to the Road
10                              Traffic Act 1974;
                            "heavy vehicle" means a motor vehicle with a gross
                                vehicle mass of more than 4.5 tonnes;
                                                                                                                   ".

     7.            Second Schedule item 14 amended
15                 The Second Schedule item 14 is deleted and the following item
                   is inserted instead --
     "
          14. MOTOR VEHICLE LICENCE,
              ISSUE OR TRANSFER
              (1) On the issue or transfer of a                                                     The person in
                  licence for a motor vehicle that                                                  whose name the
                  is not a heavy vehicle --                                                          licence is issued
                   (a) where the market value of                                                    or the transferee;
                       the vehicle does not exceed                                                  and see
                       $15 000....................................... 2.75% of the market           section 76C(13)
                                                                      value
                   (b) where the market value of
                       the vehicle exceeds $15 000
                       but does not exceed                                     MV − 15 000 
                       $40 000....................................... 2.75 +               %
                                                                                               
                                                                           ï£-   6 666.66 
                                                                  (rounded to 2 decimal
                                                                  places) of the market
                                                                  value (MV)
                       (c) where the market value of
                           the vehicle exceeds $40 000......... 6.5% of the market value

                                                                                                             page 5
    Stamp Amendment (Budget) Bill 2002
    Part 3      Vehicle licence rate change

    s. 8



           (2)    On the issue of a licence for a
                  heavy vehicle that has not
                  previously been used nor
                  registered under the Road
                  Traffic Act 1974 or a
                  corresponding State law ..................... The lesser of --
                                                                      (a) 3% of the market
                                                                           value; and
                                                                      (b) $12 000
           (3)    On the issue or transfer of a
                  licence for any other heavy
                  vehicle --
                   (a) where the market value of
                       the vehicle does not exceed
                       $15 000....................................... 2.5% of the market value
                   (b) where the market value of
                       the vehicle exceeds $15 000
                       but does not exceed                                    MV − 15 000 
                       $40 000....................................... 2.5 +               %
                                                                                              
                                                                        ï£-    10 000      
                                                                 (rounded to 2 decimal
                                                                 places) of the market
                                                                 value (MV)
                  (c) where the market value of
                      the vehicle exceeds $40 000......... The lesser of --
                                                           (a) 5% of the market
                                                                value; and
                                                           (b) $20 000

                                                                 The duty payable under
                                                                 item 14 is to be rounded
                                                                 down to the nearest
                                                                 5 cents
                                                                                                   ".

    8.           Third Schedule amended
                 The Third Schedule is amended as follows:
                   (a)      by deleting item 9(1);
5                  (b)      in item 9(2), (3), (4) and (5) by deleting "RTA" in each
                            place where it occurs and inserting instead --
                            " Road Traffic Act 1974 ".


    page 6
                                            Stamp Amendment (Budget) Bill 2002
                                        Vehicle licence rate change     Part 3

                                                                               s. 9



     9.         Transitional
          (1)   Despite the amendments effected by this Part, the Stamp
                Act 1921 as in force immediately before the commencement day
                continues to apply to and in relation to the issue or transfer of a
5               motor vehicle licence the application for which was made
                before the commencement day.
          (2)   Despite subsection (1), if --
                 (a) the commencement day is after 1 July 2002;
                 (b) an application for the issue or transfer of a motor vehicle
10                     licence is made to a licensing authority on or after
                       1 July 2002; and
                 (c) stamp duty in respect of the issue or transfer of the
                       licence is not paid before the commencement day,
                then the Stamp Act 1921 as amended by this Part applies to and
15              in relation to the issue or transfer of the licence.
          (3)   If, under section 76C(9), (10) or (10C) of the Stamp Act 1921,
                the amount of duty payable in respect of the issue or transfer of
                a licence is assessed before the commencement day, then the
                Stamp Act 1921 as in force immediately before that day
20              continues to apply to and in relation to the issue or transfer of
                the licence and the assessment.
          (4)   In this Part --
                "commencement day" means day on which this Part comes
                     into operation.




                                                                            page 7
     Stamp Amendment (Budget) Bill 2002
     Part 4      Policy of insurance rate change

     s. 10



              Part 4 -- Policy of insurance rate change
     10.      Section 96 amended
              Section 96(1) and (2) are amended by deleting "item 16(1)(a),
              (1)(c)" and inserting instead --
5             "   item 16(1)    ".

     11.      Second Schedule item 16 amended
              The Second Schedule item 16(1)(b) is amended by deleting
              "0.25" and inserting instead --
                   "
                       8% of the amount calculated
                       under section 96(2)
10                                                                            ".




 


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