Print Options

(1) The Commissioner may be required by a person to express an opinion with reference to an executed instrument, as to

(a) whether the instrument is chargeable with duty; and

(b) the amount of duty with which the instrument is chargeable, if duty is chargeable.

(2) The Commissioner may require a person to furnish the Commissioner with an abstract of the instrument and also with the necessary evidence in order to determine whether the facts and circumstances affecting the liability of the instrument to duty, or the amount of the duty chargeable on the instrument, are fully and truly set out.

(3) Where the Commissioner is of the opinion that the instrument is not chargeable with duty, the instrument may be stamped with a particular stamp denoting that it is not chargeable with duty.

(4) Where the Commissioner is of the opinion that the instrument is chargeable with duty, the duty shall be assessed, and the instrument shall be stamped in accordance with the assessment.

(5) An instrument is admissible in evidence and shall be available for all purposes despite an objection relating to duty whether stamped with the particular stamp denoting that it is not chargeable with a duty or stamp as charged.

(6) This section does not extend to an instrument chargeable with ad valorem duty and made as a security for money or stock without limit and does not authorise the stamping after the execution of an instrument which by law cannot be stamped after execution.

(7) A statutory declaration made for the purpose of this section shall not be used against the person making the declaration in a proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable.

(8) A person by whom a declaration is made shall, on payment of the duty chargeable on the instrument to which it relates, be relieved from any penalty or disability to which that person may be liable by reason of the omission to state truly in the instrument a fact or circumstance required by this Act to be stated.