Educational Institutions (Stamp Duties Exemption) Act 1961 No 37



An Act to exempt from the provisions of the Stamp Duties Act 1920 gifts, bequests or devises to the Australian Museum and certain universities and other institutions; and for purposes connected therewith.
long title: Am 1978 No 97, Sch 1 (1).
1   Name of Act
This Act may be cited as the Educational Institutions (Stamp Duties Exemption) Act 1961.
2   Stamp Duties Act not to apply to certain educational institutions
(1)  This Act applies to the following educational institutions, that is to say:
(a)  the Conservatorium of Music of New South Wales, the Sydney Observatory, the Bursary Endowment Board, and the Alexander Mackie College, Paddington,
(b)  the University of Sydney, the University of New England, the University of New South Wales and any university established, constituted or incorporated after the commencement of this Act within New South Wales,
(c)  the Teachers’ Colleges at Sydney, Balmain, Armidale, Newcastle, Bathurst and Wagga Wagga and any other teachers’ colleges which may be established and administered after the commencement of this Act by the Department of Education,
(d)  the Hawkesbury Agricultural College, Richmond, and the Wagga Agricultural College and any other agricultural colleges which may be established and administered after the commencement of this Act by the Department of Agriculture,
(e)  any Technical College conducted by the Department of Technical and Further Education,
(e1)  the Australian Museum, and
(g)  such other institutions as may be declared under subsection (2) or (2A) to be educational institutions for the purposes of this Act.
(2)  The Governor may by order published in the Gazette declare any institution of the like nature to those specified in subsection (1) (a) to (e) inclusive to be an educational institution for the purposes of this Act.
(2A)  The Governor may by order published in the Gazette declare a gallery, museum, library or similar institution to be an educational institution for the purposes of this Act, if the Minister for Finance is satisfied that:
(a)  the principal object or activity, or one of the principal objects or activities, of the gallery, museum, library or institution is:
(i)  the collection of artistic or scientific articles or exhibits,
(ii)  the collection of articles or exhibits connected with the history of New South Wales, or
(iii)  the conduct of research into any of the arts or sciences or any aspect of the history of New South Wales, and
(b)  the gallery, museum, library or institution is operated as a non-profit making concern and for the benefit of the public.
(3)  Nothing contained in the Stamp Duties Act 1920 applies to any real or personal property of any nature or kind whatsoever comprised in any gift, bequest or devise made to:
(a)  any educational institution to which this Act applies or to the trustees of any such institution or to the person or authority governing and managing any such institution, or
(b)  the Department of Technical and Further Education for the advancement or promotion of technical education.
(4)  The provisions of this section shall be supplemental to and not in derogation of the provisions of any other Act.
s 2: Am 1978 No 97, Sch 1 (2); GG No 126 of 16.9.1983, p 4266.