Western Australian Numbered Acts

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BUSINESS TAX REVIEW (ASSESSMENT) ACT (NO. 2) 2003 (NO. 66 OF 2003) - SECT 92

92 .         Mortgages

        (1)         In this section —

        “amended Act” means the Stamp Act 1921 as amended by this Act and the Business Tax Review (Taxing) Act (No. 2) 2003 ;

        “commencement day” means the day on which section 79 came into operation;

        “former Act” means the Stamp Act 1921 as in force from time to time before the commencement day.

        (2)         The amended Act does not apply to a mortgage or other security on which duty was payable under Part IIIE of the former Act if the amount secured by the mortgage does not increase on or after the commencement day.

        (3)         However, a mortgage that was liable to duty under Part IIIE of the former Act is liable to duty under Part IIIE of the amended Act as if the mortgage had first been executed after the commencement day if an advance as defined in Part IIIE of the amended Act is made under the mortgage after the commencement day.



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