Opinion Number. 712

Subject

COMMONWEALTH IMMUNITY FROM STATE LAWS WHETHER POWERS OF ATTORNEY GIVEN UNDER COMMONWEALTH LEGISLATION ARE LIABLE TO STATE STAMP DUTY

Key Legislation

COMMONWEALTH INSCRIBED STOCK ACT 1911: COMMONWEALTH INSCRIBED STOCK REGULATIONS, reg. 60

Date
Client
The Secretary to the Treasury

The Secretary to the Department of the Treasury has asked for an opinion on the question whether powers of attorney given on Forms 39 and 40 issued under regulation 60 of the Provisional Regulations under the Commonwealth Inscribed Stock Act 1911-1915 are liable to State stamp duty in States where powers of attorney given in general terms are liable to such duty.

As the powers of attorney in question are given for the purposes of a Commonwealth Act, I am of opinion that they are not liable to stamp duty under the Act of any State (D'Emden v. Pedder 1 C.L.R. 91).

[Vol. 14, p. 361]