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Legislative Assembly for the ACT: 1997 Week 10 Hansard (23 September) . . Page.. 3169 ..

MR BERRY (continuing):

A range of domestic relationships may not meet that definition, and the Stamp Duties and Taxes (Amendment) Bill properly draws attention to the following definition of "domestic relationship" in the Domestic Relationships Act:

"domestic relationship" means a personal relationship (other than a legal marriage) between 2 adults in which 1 provides personal or financial commitment and support of a domestic nature for the material benefit of the other, and includes a de facto marriage;

By including in Schedule 1 of the Stamp Duties and Taxes Act a reference to the Domestic Relationships Act, the Bill quite appropriately widens the definition of domestic relationships so that people in other types of domestic relationships can properly qualify for tax relief on asset transfers which result from a breakdown of such relationships.

The Stamp Duties and Taxes (Amendment) Bill sets out to amend Schedule 1 of the principal Act so as to ensure that those wider domestic relationships are recognised in the original legislation. Let me paint a little picture of what Schedule 1 describes. Schedule 1 deals with conveyances attracting the prescribed stamp duty. I should explain that the prescribed stamp duty is described in the principal Act as follows:

Stamp duty of $20 is payable on an instrument in respect of a conveyance of a kind specified in Schedule 1.

Schedule 1 lists a range of conveyances which attract the prescribed duty and do not therefore attract the larger duty that might well be payable for a range of other commercial transfers. I will just paint a small picture of those, rather than quote all of them. Schedule 1 states:

A conveyance:

(a) of a Crown lease to the Territory or the Commonwealth;

(b) by which an estate or interest in land is transferred:

(i) by way of mortgage (otherwise than under the Real Property Act 1925) where an instrument constituting or evidencing the mortgage has been duly stamped, or where no stamp duty is payable on such an instrument;

(ii) by way of discharge of mortgage; or

(iii) consequent on the death, bankruptcy or insolvency of the holder of the estate or interest;

(c) of land on a sale by the Defence Service Homes Corporation pursuant to the Defence Service Homes Act 1918 of the Commonwealth;

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