{"id":"qld:act-1988-075","name":"Foreign Ownership of Land Register Act 1988","slug":"foreign-ownership-of-land-register-act-1988","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"75 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104901,"registerId":"qld-act-1988-075-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Foreign Ownership of Land Register Act 1988 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 2 prev s 2 om 1 July 1995 RA s 37\npres s 2 ins 2013 No. 23 s 39","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 1991 No. 97 s 3 sch 1","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Interpretation","content":"### sec.4 Interpretation\n\nIn this Act—\na person who directly or indirectly controls an interest in land shall be deemed to have acquired that interest; and\na reference to acquire includes a reference to agreeing to acquire.\nFor the purposes of this Act, the time of acquisition of an interest in land is taken to be—\nif the interest is acquired as the result of the granting of a lease of unallocated State land—the time when the lease commences; or\nif the interest is acquired under an agreement—the time of entry into possession of the interest; or\notherwise—the time when the event that gave rise to the acquisition occurred.\nFor the purposes of subsection (2) (b) , the time of entry into possession in respect of an interest in land means the time under an agreement when the person acquiring the interest is entitled to—\noccupy, use and control that interest; or\nthe rents and profits of that interest.\ns 4 amd 1989 No. 3 s 3 (c) – (d) ; 1991 No. 97 s 3 sch 1 ; 2013 No. 23 s 40 (8) – (11) ; 2019 No. 7 s 157\n(sec.4-ssec.1) In this Act— a person who directly or indirectly controls an interest in land shall be deemed to have acquired that interest; and a reference to acquire includes a reference to agreeing to acquire.\n(sec.4-ssec.2) For the purposes of this Act, the time of acquisition of an interest in land is taken to be— if the interest is acquired as the result of the granting of a lease of unallocated State land—the time when the lease commences; or if the interest is acquired under an agreement—the time of entry into possession of the interest; or otherwise—the time when the event that gave rise to the acquisition occurred.\n(sec.4-ssec.3) For the purposes of subsection (2) (b) , the time of entry into possession in respect of an interest in land means the time under an agreement when the person acquiring the interest is entitled to— occupy, use and control that interest; or the rents and profits of that interest.\n- (a) a person who directly or indirectly controls an interest in land shall be deemed to have acquired that interest; and\n- (b) a reference to acquire includes a reference to agreeing to acquire.\n- (a) if the interest is acquired as the result of the granting of a lease of unallocated State land—the time when the lease commences; or\n- (b) if the interest is acquired under an agreement—the time of entry into possession of the interest; or\n- (c) otherwise—the time when the event that gave rise to the acquisition occurred.\n- (a) occupy, use and control that interest; or\n- (b) the rents and profits of that interest.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":null,"content":"### Section sec.5\n\ns 5 om 2019 No. 7 s 158","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 sub 1989 No. 3 s 4\nom 2019 No. 7 s 158","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 amd 1989 No. 3 s 5\nom 2019 No. 7 s 158","sortOrder":7},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 sub 1989 No. 3 s 6\nom 2019 No. 7 s 158","sortOrder":8},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 amd 1989 No. 3 s 7\nom 2019 No. 7 s 158","sortOrder":9},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 sub 1989 No. 3 s 8\namd 2009 No. 49 s 100\nom 2019 No. 7 s 158","sortOrder":10},{"sectionNumber":"pt.2","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Register","content":"### sec.11 Register\n\nThe registrar must maintain a register called the Foreign Ownership of Land Register.\nThe register may be kept in the form the registrar considers appropriate including, for example, in electronic form.\nAn approved form lodged with the registrar forms part of the register.\nThe registrar may do the following things in relation to the register—\nmake a copy, in a way approved by the Minister for this section, of any part of the register;\nmove particulars recorded in a particular part of the register to another part;\ndelete particulars recorded in a particular part of the register if the registrar is satisfied the particulars have been accurately recorded in another part;\ndestroy an approved form if a copy of the approved form has been made under paragraph (a) .\nA copy of a part of the register made under subsection (4) (a) and certified by the registrar as an accurate copy of that part of the register forms part of the register.\nA copy of an approved form made under subsection (4) (a) and certified by the registrar as an accurate copy of the approved form is admissible as evidence of the approved form and the things in it.\ns 11 amd 1989 No. 3 s 9\nsub 2019 No. 7 s 159\namd 2021 No. 12 s 148 sch 3\n(sec.11-ssec.1) The registrar must maintain a register called the Foreign Ownership of Land Register.\n(sec.11-ssec.2) The register may be kept in the form the registrar considers appropriate including, for example, in electronic form.\n(sec.11-ssec.3) An approved form lodged with the registrar forms part of the register.\n(sec.11-ssec.4) The registrar may do the following things in relation to the register— make a copy, in a way approved by the Minister for this section, of any part of the register; move particulars recorded in a particular part of the register to another part; delete particulars recorded in a particular part of the register if the registrar is satisfied the particulars have been accurately recorded in another part; destroy an approved form if a copy of the approved form has been made under paragraph (a) .\n(sec.11-ssec.5) A copy of a part of the register made under subsection (4) (a) and certified by the registrar as an accurate copy of that part of the register forms part of the register.\n(sec.11-ssec.6) A copy of an approved form made under subsection (4) (a) and certified by the registrar as an accurate copy of the approved form is admissible as evidence of the approved form and the things in it.\n- (a) make a copy, in a way approved by the Minister for this section, of any part of the register;\n- (b) move particulars recorded in a particular part of the register to another part;\n- (c) delete particulars recorded in a particular part of the register if the registrar is satisfied the particulars have been accurately recorded in another part;\n- (d) destroy an approved form if a copy of the approved form has been made under paragraph (a) .","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 om 2019 No. 7 s 160","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Rectification of register","content":"### sec.13 Rectification of register\n\nWhere the registrar is satisfied that there is an error or omission in the register or a failure to comply with this Act in respect of any approved form or acquisition, the registrar may do all things necessary to rectify the error, omission or failure.\ns 13 amd 2021 No. 12 s 148 sch 3","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"Access to information in register","content":"### sec.14 Access to information in register\n\nA person may, on payment of the relevant titles registry fee and during the hours and on the days appointed by the registrar for that purpose—\nobtain particulars of information recorded or contained in the register; and\nobtain extracts of particulars of information recorded or contained in the register; and\non giving adequate notice to allow its preparation—obtain from the registrar copies of any statistical data available from the computerised information recorded in the register.\nIn this section—\ntitles registry fee , for a matter mentioned in subsection (1) (a) , (b) or (c) , means the fee payable for the matter under section 44C .\ns 14 amd 1989 No. 3 s 10 ; 1990 No. 106 s 4 ; 2019 No. 7 s 161 ; 2021 No. 12 s 148 sch 3\n(sec.14-ssec.1) A person may, on payment of the relevant titles registry fee and during the hours and on the days appointed by the registrar for that purpose— obtain particulars of information recorded or contained in the register; and obtain extracts of particulars of information recorded or contained in the register; and on giving adequate notice to allow its preparation—obtain from the registrar copies of any statistical data available from the computerised information recorded in the register.\n(sec.14-ssec.2) In this section— titles registry fee , for a matter mentioned in subsection (1) (a) , (b) or (c) , means the fee payable for the matter under section 44C .\n- (a) obtain particulars of information recorded or contained in the register; and\n- (b) obtain extracts of particulars of information recorded or contained in the register; and\n- (c) on giving adequate notice to allow its preparation—obtain from the registrar copies of any statistical data available from the computerised information recorded in the register.","sortOrder":15},{"sectionNumber":"sec.15","sectionType":"section","heading":"Delegations by registrar","content":"### sec.15 Delegations by registrar\n\nThe registrar may delegate the registrar’s powers under this Act to an appropriately qualified public service employee employed in the department.\nAlso, the registrar may delegate the registrar’s functions under this Act to the titles registry operator.\nIf a function of the registrar is delegated to the titles registry operator, the titles registry operator must subdelegate the function to an appropriately qualified employee of the titles registry operator.\nThe titles registry operator may impose conditions on a subdelegation under subsection (3) that are not inconsistent with any conditions to which the delegation to the titles registry operator is subject.\nIn this section—\nfunction includes power.\ns 15 sub 1992 No. 64 s 3 sch 1 ; 2021 No. 12 s 58\n(sec.15-ssec.1) The registrar may delegate the registrar’s powers under this Act to an appropriately qualified public service employee employed in the department.\n(sec.15-ssec.2) Also, the registrar may delegate the registrar’s functions under this Act to the titles registry operator.\n(sec.15-ssec.3) If a function of the registrar is delegated to the titles registry operator, the titles registry operator must subdelegate the function to an appropriately qualified employee of the titles registry operator.\n(sec.15-ssec.4) The titles registry operator may impose conditions on a subdelegation under subsection (3) that are not inconsistent with any conditions to which the delegation to the titles registry operator is subject.\n(sec.15-ssec.5) In this section— function includes power.","sortOrder":16},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 amd 17 December 1991 RA s 36\nom 2019 No. 17 s 37","sortOrder":17},{"sectionNumber":"pt.3","sectionType":"part","heading":"Notification of ownership","content":"# Notification of ownership","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 amd 1989 No. 3 s 11\nom 2019 No. 7 s 162","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Disclosure of acquisition","content":"### sec.18 Disclosure of acquisition\n\nA foreign person who acquires the legal estate of an interest in land must complete and lodge with the registrar a notification of ownership in relation to the interest not later than 90 days after the day of the acquisition.\nHowever, a foreign person is not required to comply with subsection (1) if the legal estate of the interest in land is vested in the person as personal representative of a deceased person.\nAlso, a person beneficially entitled to an interest in land because of the death of a person is not required to comply with subsection (1) until all documents resulting in the interest vesting in the person have been lodged with the relevant registering authority.\ns 18 amd 1989 No. 3 s 12 ; 1990 No. 106 s 5\nsub 2019 No. 7 s 163\n(sec.18-ssec.1) A foreign person who acquires the legal estate of an interest in land must complete and lodge with the registrar a notification of ownership in relation to the interest not later than 90 days after the day of the acquisition.\n(sec.18-ssec.2) However, a foreign person is not required to comply with subsection (1) if the legal estate of the interest in land is vested in the person as personal representative of a deceased person.\n(sec.18-ssec.3) Also, a person beneficially entitled to an interest in land because of the death of a person is not required to comply with subsection (1) until all documents resulting in the interest vesting in the person have been lodged with the relevant registering authority.","sortOrder":20},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Disclosure of disposal of interest","content":"### sec.18A Disclosure of disposal of interest\n\nSubsection (2) applies if—\nthe legal estate of an interest in land is registered in the register, or recorded in the records of a relevant registering authority, in the name of a foreign person; and\nthe foreign person disposes of the interest.\nThe foreign person must complete and lodge with the registrar a notification, in the approved form, in relation to the disposal not later than 90 days after the day on which the disposal takes place.\ns 18A ins 1990 No. 106 s 6\nsub 2019 No. 7 s 163\namd 2021 No. 12 s 148 sch 3\n(sec.18A-ssec.1) Subsection (2) applies if— the legal estate of an interest in land is registered in the register, or recorded in the records of a relevant registering authority, in the name of a foreign person; and the foreign person disposes of the interest.\n(sec.18A-ssec.2) The foreign person must complete and lodge with the registrar a notification, in the approved form, in relation to the disposal not later than 90 days after the day on which the disposal takes place.\n- (a) the legal estate of an interest in land is registered in the register, or recorded in the records of a relevant registering authority, in the name of a foreign person; and\n- (b) the foreign person disposes of the interest.","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Notification of ceasing to be a foreign person","content":"### sec.19 Notification of ceasing to be a foreign person\n\nThis section applies if, on 30 June in a year—\nthe legal estate of an interest in land is registered in the register, or recorded in the records of a relevant registering authority, in the name of a foreign person; and\nthe person is no longer a foreign person; and\nthe person has not completed, and lodged with the registrar, a notification of ownership, in the approved form, in relation to the cessation.\nThe person must complete, and lodge with the registrar, a notification, in the approved form, in relation to the cessation by 30 September in the year.\nMaximum penalty—20 penalty units.\ns 19 sub 1989 No. 3 s 13\namd 1990 No. 106 s 7\nsub 2019 No. 7 s 163\namd 2021 No. 12 s 148 sch 3\n(sec.19-ssec.1) This section applies if, on 30 June in a year— the legal estate of an interest in land is registered in the register, or recorded in the records of a relevant registering authority, in the name of a foreign person; and the person is no longer a foreign person; and the person has not completed, and lodged with the registrar, a notification of ownership, in the approved form, in relation to the cessation.\n(sec.19-ssec.2) The person must complete, and lodge with the registrar, a notification, in the approved form, in relation to the cessation by 30 September in the year. Maximum penalty—20 penalty units.\n- (a) the legal estate of an interest in land is registered in the register, or recorded in the records of a relevant registering authority, in the name of a foreign person; and\n- (b) the person is no longer a foreign person; and\n- (c) the person has not completed, and lodged with the registrar, a notification of ownership, in the approved form, in relation to the cessation.","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Notification of becoming a foreign person","content":"### sec.20 Notification of becoming a foreign person\n\nThis section applies if, on 30 June in a year—\nthe legal estate of an interest in land is recorded in the records of a relevant registering authority in the name of a person; and\nthe person is a foreign person; and\nthe person has not completed, and lodged with the registrar, a notification of ownership, in the approved form, in relation to the interest.\nThe person must complete, and lodge with the registrar, a notification of ownership, in the approved form, in relation to the interest by 30 September in the year.\nMaximum penalty—20 penalty units.\ns 20 sub 1989 No. 3 s 14 ; 2019 No. 7 s 163\namd 2021 No. 12 s 148 sch 3\n(sec.20-ssec.1) This section applies if, on 30 June in a year— the legal estate of an interest in land is recorded in the records of a relevant registering authority in the name of a person; and the person is a foreign person; and the person has not completed, and lodged with the registrar, a notification of ownership, in the approved form, in relation to the interest.\n(sec.20-ssec.2) The person must complete, and lodge with the registrar, a notification of ownership, in the approved form, in relation to the interest by 30 September in the year. Maximum penalty—20 penalty units.\n- (a) the legal estate of an interest in land is recorded in the records of a relevant registering authority in the name of a person; and\n- (b) the person is a foreign person; and\n- (c) the person has not completed, and lodged with the registrar, a notification of ownership, in the approved form, in relation to the interest.","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Other registries and transitional","content":"### sec.21 Other registries and transitional\n\nEvery person required to lodge a notification of ownership or trustee notification of ownership with the registrar under section 18 shall be deemed to have complied with the requirements of that section if that person, within the period specified in that section, lodges with the relevant registering authority a duly completed notification of ownership or trustee notification of ownership, as the case may require, contemporaneously with such other documents as are required to be lodged with that registering authority to enable the registration or recording of the relevant acquisition.\nEvery document that is lodged with a registering authority after the commencement of the Foreign Ownership of Land Register Act Amendment Act 1990 for the registration or recording of a dealing in respect of an acquisition of an interest in land to which section 18 (1) or (3) applies, shall, even though the acquisition was made before the commencement of that Act, be accompanied by—\na notification of ownership or trustee notification of ownership, as the case may require; or\na certificate of exemption referred to in subsection (3) ; or\nevidence, in the approved form, that a notification of ownership or trustee notification of ownership has been lodged with the registrar;\nin respect of that acquisition, contemporaneously with such other documents as are required to be lodged with that registering authority to enable the registration or recording of that acquisition.\nWhere an acquisition of an interest in land occurred prior to the commencement of this Act the registrar may, in the registrar’s absolute discretion, issue in respect of that acquisition a certificate of exemption in the approved form, exempting that acquisition from the application of subsection (2) (a) and (c) .\nDespite any other Act or law to the contrary, a registering authority shall not register or record in its register or records any documents lodged with that registering authority after the commencement of this Act, in respect of an acquisition of an interest in land where the registering authority is not satisfied that subsection (2) has been complied with.\nEvery notification of ownership or trustee notification of ownership, as the case may be, lodged with a registering authority under this section shall be produced by that registering authority to the registrar within 30 days of the registration or recording of the acquisition in respect of which it was lodged with that registering authority.\ns 21 amd 1989 No. 3 s 15 ; 1990 No. 106 s 8 ; 2021 No. 12 s 148 sch 3\n(sec.21-ssec.1) Every person required to lodge a notification of ownership or trustee notification of ownership with the registrar under section 18 shall be deemed to have complied with the requirements of that section if that person, within the period specified in that section, lodges with the relevant registering authority a duly completed notification of ownership or trustee notification of ownership, as the case may require, contemporaneously with such other documents as are required to be lodged with that registering authority to enable the registration or recording of the relevant acquisition.\n(sec.21-ssec.2) Every document that is lodged with a registering authority after the commencement of the Foreign Ownership of Land Register Act Amendment Act 1990 for the registration or recording of a dealing in respect of an acquisition of an interest in land to which section 18 (1) or (3) applies, shall, even though the acquisition was made before the commencement of that Act, be accompanied by— a notification of ownership or trustee notification of ownership, as the case may require; or a certificate of exemption referred to in subsection (3) ; or evidence, in the approved form, that a notification of ownership or trustee notification of ownership has been lodged with the registrar; in respect of that acquisition, contemporaneously with such other documents as are required to be lodged with that registering authority to enable the registration or recording of that acquisition.\n(sec.21-ssec.3) Where an acquisition of an interest in land occurred prior to the commencement of this Act the registrar may, in the registrar’s absolute discretion, issue in respect of that acquisition a certificate of exemption in the approved form, exempting that acquisition from the application of subsection (2) (a) and (c) .\n(sec.21-ssec.4) Despite any other Act or law to the contrary, a registering authority shall not register or record in its register or records any documents lodged with that registering authority after the commencement of this Act, in respect of an acquisition of an interest in land where the registering authority is not satisfied that subsection (2) has been complied with.\n(sec.21-ssec.5) Every notification of ownership or trustee notification of ownership, as the case may be, lodged with a registering authority under this section shall be produced by that registering authority to the registrar within 30 days of the registration or recording of the acquisition in respect of which it was lodged with that registering authority.\n- (a) a notification of ownership or trustee notification of ownership, as the case may require; or\n- (b) a certificate of exemption referred to in subsection (3) ; or\n- (c) evidence, in the approved form, that a notification of ownership or trustee notification of ownership has been lodged with the registrar;","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Registrar may require additional information","content":"### sec.22 Registrar may require additional information\n\nThe registrar may, for the purpose of—\nascertaining whether there is any liability on a person to lodge an approved form; or\nascertaining whether a person is required to comply with this Act or whether the Act has been contravened or not complied with by a person in any respect; or\nenquiring into any matter connected with the administration of this Act;\nby notice in writing, require a person—\nto give information of a kind and in a form or manner specified in the notice or to produce records (or copies of records) of a kind specified in the notice (being information or records believed to be within the knowledge, in the custody or under the control of the person) at a place and within a time specified in the notice, to the registrar or an officer authorised by the registrar and specified in the notice; or\nto attend before the registrar or an officer authorised by the registrar and specified in the notice at a time and place specified in the notice and there to give information and to produce records of a kind specified in the notice (being information or records believed to be within the knowledge, in the custody or under the control of the person) and to answer questions or to do all or any of those things.\nThe registrar or an officer authorised by the registrar under subsection (1) may require information sought under this section to be given, verbally on oath or in writing by statutory declaration, as the case may be, and for that purpose the registrar, that officer or any justice may administer an oath or take a declaration.\nThe registrar or an officer authorised by the registrar under subsection (1) may cause to be made copies of or extracts from the whole or part of the information or records produced under subsection (1) .\nA notice under subsection (1) which requires a person to give information to, to attend before or to produce records to an officer authorised by the registrar under subsection (1) may specify that officer by name or by the office that the officer holds.\nEven though a notice issued under subsection (1) requires a person to give information to, to attend before or to produce records to an officer whose name or office is specified in the notice, the registrar may at any time (without notice to the person to whom the notice was given) authorise another officer for that purpose to exercise any power or perform any duty that the other officer would be able to exercise or perform if the other officer were authorised under subsection (1) .\nThe regulations may prescribe scales of expenses to be allowed to persons whose attendance is required under this section.\ns 22 amd 1989 No. 3 s 16 ; 2021 No. 12 s 148 sch 3\n(sec.22-ssec.1) The registrar may, for the purpose of— ascertaining whether there is any liability on a person to lodge an approved form; or ascertaining whether a person is required to comply with this Act or whether the Act has been contravened or not complied with by a person in any respect; or enquiring into any matter connected with the administration of this Act; by notice in writing, require a person— to give information of a kind and in a form or manner specified in the notice or to produce records (or copies of records) of a kind specified in the notice (being information or records believed to be within the knowledge, in the custody or under the control of the person) at a place and within a time specified in the notice, to the registrar or an officer authorised by the registrar and specified in the notice; or to attend before the registrar or an officer authorised by the registrar and specified in the notice at a time and place specified in the notice and there to give information and to produce records of a kind specified in the notice (being information or records believed to be within the knowledge, in the custody or under the control of the person) and to answer questions or to do all or any of those things.\n(sec.22-ssec.2) The registrar or an officer authorised by the registrar under subsection (1) may require information sought under this section to be given, verbally on oath or in writing by statutory declaration, as the case may be, and for that purpose the registrar, that officer or any justice may administer an oath or take a declaration.\n(sec.22-ssec.3) The registrar or an officer authorised by the registrar under subsection (1) may cause to be made copies of or extracts from the whole or part of the information or records produced under subsection (1) .\n(sec.22-ssec.4) A notice under subsection (1) which requires a person to give information to, to attend before or to produce records to an officer authorised by the registrar under subsection (1) may specify that officer by name or by the office that the officer holds.\n(sec.22-ssec.5) Even though a notice issued under subsection (1) requires a person to give information to, to attend before or to produce records to an officer whose name or office is specified in the notice, the registrar may at any time (without notice to the person to whom the notice was given) authorise another officer for that purpose to exercise any power or perform any duty that the other officer would be able to exercise or perform if the other officer were authorised under subsection (1) .\n(sec.22-ssec.6) The regulations may prescribe scales of expenses to be allowed to persons whose attendance is required under this section.\n- (a) ascertaining whether there is any liability on a person to lodge an approved form; or\n- (b) ascertaining whether a person is required to comply with this Act or whether the Act has been contravened or not complied with by a person in any respect; or\n- (c) enquiring into any matter connected with the administration of this Act;\n- (d) to give information of a kind and in a form or manner specified in the notice or to produce records (or copies of records) of a kind specified in the notice (being information or records believed to be within the knowledge, in the custody or under the control of the person) at a place and within a time specified in the notice, to the registrar or an officer authorised by the registrar and specified in the notice; or\n- (e) to attend before the registrar or an officer authorised by the registrar and specified in the notice at a time and place specified in the notice and there to give information and to produce records of a kind specified in the notice (being information or records believed to be within the knowledge, in the custody or under the control of the person) and to answer questions or to do all or any of those things.","sortOrder":25},{"sectionNumber":"sec.23","sectionType":"section","heading":"Registrar may enter information","content":"### sec.23 Registrar may enter information\n\nWhere in respect of an acquisition of an interest in land—\na notification of ownership is not lodged with the registrar under this Act; or\na notification of ownership lodged with the registrar is not complete in respect of any material particular;\nthe registrar may, in respect of that acquisition and until correct or more accurate particulars are provided to the registrar, record in the register such particulars as the registrar considers appropriate for that acquisition.\ns 23 amd 2019 No. 7 s 164\n- (a) a notification of ownership is not lodged with the registrar under this Act; or\n- (b) a notification of ownership lodged with the registrar is not complete in respect of any material particular;","sortOrder":26},{"sectionNumber":"pt.4","sectionType":"part","heading":"Offences and penalties","content":"# Offences and penalties","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Offence not to comply with s 22","content":"### sec.24 Offence not to comply with s 22\n\nA person who contravenes a requirement made of the person under section 22 (1) commits an offence against this Act.\nMaximum penalty—835 penalty units.\nA person must not be convicted of an offence defined in subsection (1) , if the court hearing the charge is satisfied—\nthat the defendant could not, by the exercise of reasonable diligence, have complied with the requirement to which the charge relates; or\nthat the defendant complied with that requirement to the extent of the defendant’s ability to do so.\nA person is not excused from complying with a requirement under section 22 to give information or answer a question on the ground that the information or answer might tend to incriminate the person or make the person liable to a penalty.\nInformation given or an answer made by a person in complying with a requirement under section 22 , which might tend to incriminate the person or make the person liable to a penalty, is not admissible against the person in any proceedings brought against the person in a court in Queensland with a view to the punishment of the person for an alleged offence except—\nproceedings in respect of an offence under this Act; or\nproceedings in respect of an offence in connection with verification of the information or answer by oath or affirmation.\nIf a person commits an offence defined in subsection (1) —\nthe offence shall be a continuing offence and be deemed to continue for as long as the requirement in respect of which the offence was committed is not complied with; and\nthe court may, upon convicting the person of the offence, in addition to any penalty that it may impose under subsection (1) , order the person to pay a penalty of 100 penalty units for each day on which the offence is, under paragraph (a) , deemed to have continued to the date of the person’s conviction of the offence.\nSubsection (5) applies even though the failure or conduct alleged against a defendant related to a particular time or a particular period.\nIf a person has been convicted of an offence against subsection (1) , the court may, in addition to imposing a penalty that it may impose under subsection (1) and, where applicable, subsection (5) , order the person to comply with the requirement in respect of which the offence was committed.\nIf a court makes an order under subsection (7) , the court must specify in the order a place where and a time or period by or within which the order is to be complied with.\nA person who contravenes an order made by a court under subsection (7) commits an offence against this Act.\nMaximum penalty—1670 penalty units.\nA person who after conviction of an offence defined in subsection (1) or this subsection (the previous conviction ) continues to fail to comply with the requirement in respect of which the person incurred the previous conviction commits an offence against this Act.\nMaximum penalty—170 penalty units for each day on which the person has continued to fail to comply with the requirement from the date of the last occurring previous conviction to the date of the person’s conviction for the offence under this subsection last committed by the person.\nIf a person is convicted of an offence under subsection (1) and the court makes an order under subsection (7) , the person must not be punished under subsection (10) for continuing to fail to comply with the requirement to which the order relates.\ns 24 amd 1992 No. 64 s 3 sch 1 ; 2019 No. 7 s 165\n(sec.24-ssec.1) A person who contravenes a requirement made of the person under section 22 (1) commits an offence against this Act. Maximum penalty—835 penalty units.\n(sec.24-ssec.2) A person must not be convicted of an offence defined in subsection (1) , if the court hearing the charge is satisfied— that the defendant could not, by the exercise of reasonable diligence, have complied with the requirement to which the charge relates; or that the defendant complied with that requirement to the extent of the defendant’s ability to do so.\n(sec.24-ssec.3) A person is not excused from complying with a requirement under section 22 to give information or answer a question on the ground that the information or answer might tend to incriminate the person or make the person liable to a penalty.\n(sec.24-ssec.4) Information given or an answer made by a person in complying with a requirement under section 22 , which might tend to incriminate the person or make the person liable to a penalty, is not admissible against the person in any proceedings brought against the person in a court in Queensland with a view to the punishment of the person for an alleged offence except— proceedings in respect of an offence under this Act; or proceedings in respect of an offence in connection with verification of the information or answer by oath or affirmation.\n(sec.24-ssec.5) If a person commits an offence defined in subsection (1) — the offence shall be a continuing offence and be deemed to continue for as long as the requirement in respect of which the offence was committed is not complied with; and the court may, upon convicting the person of the offence, in addition to any penalty that it may impose under subsection (1) , order the person to pay a penalty of 100 penalty units for each day on which the offence is, under paragraph (a) , deemed to have continued to the date of the person’s conviction of the offence.\n(sec.24-ssec.6) Subsection (5) applies even though the failure or conduct alleged against a defendant related to a particular time or a particular period.\n(sec.24-ssec.7) If a person has been convicted of an offence against subsection (1) , the court may, in addition to imposing a penalty that it may impose under subsection (1) and, where applicable, subsection (5) , order the person to comply with the requirement in respect of which the offence was committed.\n(sec.24-ssec.8) If a court makes an order under subsection (7) , the court must specify in the order a place where and a time or period by or within which the order is to be complied with.\n(sec.24-ssec.9) A person who contravenes an order made by a court under subsection (7) commits an offence against this Act. Maximum penalty—1670 penalty units.\n(sec.24-ssec.10) A person who after conviction of an offence defined in subsection (1) or this subsection (the previous conviction ) continues to fail to comply with the requirement in respect of which the person incurred the previous conviction commits an offence against this Act. Maximum penalty—170 penalty units for each day on which the person has continued to fail to comply with the requirement from the date of the last occurring previous conviction to the date of the person’s conviction for the offence under this subsection last committed by the person.\n(sec.24-ssec.11) If a person is convicted of an offence under subsection (1) and the court makes an order under subsection (7) , the person must not be punished under subsection (10) for continuing to fail to comply with the requirement to which the order relates.\n- (a) that the defendant could not, by the exercise of reasonable diligence, have complied with the requirement to which the charge relates; or\n- (b) that the defendant complied with that requirement to the extent of the defendant’s ability to do so.\n- (a) proceedings in respect of an offence under this Act; or\n- (b) proceedings in respect of an offence in connection with verification of the information or answer by oath or affirmation.\n- (a) the offence shall be a continuing offence and be deemed to continue for as long as the requirement in respect of which the offence was committed is not complied with; and\n- (b) the court may, upon convicting the person of the offence, in addition to any penalty that it may impose under subsection (1) , order the person to pay a penalty of 100 penalty units for each day on which the offence is, under paragraph (a) , deemed to have continued to the date of the person’s conviction of the offence.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"False or misleading statements","content":"### sec.25 False or misleading statements\n\nA person must not give an answer, whether orally or in writing, that is false or misleading in a material particular to a question put to the person under section 22 .\nMaximum penalty—835 penalty units.\nA person must not, in providing information under section 22 , make a statement or representation that is false or misleading in a material particular.\nMaximum penalty—835 penalty units.\nA person (including the agent of a foreign person) must not, in giving the registrar information by completing a notification of ownership make any answer, statement or representation that is false or misleading in a material particular.\nMaximum penalty—835 penalty units.\nIt is a defence to a charge under subsection (1) or (2) to prove that the defendant believed on reasonable grounds that the answer, statement or representation was neither false nor misleading.\nIt is a defence to a charge under subsection (3) to prove that when the answer, statement or representation was given or made, the defendant believed on reasonable grounds the answer, statement or representation was neither false nor misleading.\nFor the purposes of this Act, a notification of ownership or other approved form that is incorrectly completed in a material particular is not a duly completed form.\ns 25 amd 1989 No. 3 s 17 ; 2019 No. 7 s 166 ; 2021 No. 12 s 148 sch 3\n(sec.25-ssec.1) A person must not give an answer, whether orally or in writing, that is false or misleading in a material particular to a question put to the person under section 22 . Maximum penalty—835 penalty units.\n(sec.25-ssec.2) A person must not, in providing information under section 22 , make a statement or representation that is false or misleading in a material particular. Maximum penalty—835 penalty units.\n(sec.25-ssec.3) A person (including the agent of a foreign person) must not, in giving the registrar information by completing a notification of ownership make any answer, statement or representation that is false or misleading in a material particular. Maximum penalty—835 penalty units.\n(sec.25-ssec.4) It is a defence to a charge under subsection (1) or (2) to prove that the defendant believed on reasonable grounds that the answer, statement or representation was neither false nor misleading.\n(sec.25-ssec.5) It is a defence to a charge under subsection (3) to prove that when the answer, statement or representation was given or made, the defendant believed on reasonable grounds the answer, statement or representation was neither false nor misleading.\n(sec.25-ssec.6) For the purposes of this Act, a notification of ownership or other approved form that is incorrectly completed in a material particular is not a duly completed form.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 om 2013 No. 51 s 52B","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"General penalty","content":"### sec.27 General penalty\n\nA person who contravenes a provision of this Act commits an offence against this Act.\nWhere no penalty is expressly provided, a person who commits an offence against this Act is liable to a maximum penalty of—\nfor a first offence—835 penalty units; or\nfor a second or subsequent offence—1670 penalty units.\ns 27 amd 2013 No. 23 s 352 sch 1 pt 1\n(sec.27-ssec.1) A person who contravenes a provision of this Act commits an offence against this Act.\n(sec.27-ssec.2) Where no penalty is expressly provided, a person who commits an offence against this Act is liable to a maximum penalty of— for a first offence—835 penalty units; or for a second or subsequent offence—1670 penalty units.\n- (a) for a first offence—835 penalty units; or\n- (b) for a second or subsequent offence—1670 penalty units.","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Proceedings for offences","content":"### sec.28 Proceedings for offences\n\nA prosecution for an offence against this Act shall be by way of summary proceedings under the Justices Act 1886 upon the complaint of the registrar or any person authorised in writing in that behalf by the Minister.\nThe authority of a person to make a complaint in respect of an offence against this Act shall be presumed until the contrary is proved.\nProceedings for an offence against this Act may be instituted within 12 months after the commission of the offence or within 6 months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.\n(sec.28-ssec.1) A prosecution for an offence against this Act shall be by way of summary proceedings under the Justices Act 1886 upon the complaint of the registrar or any person authorised in writing in that behalf by the Minister.\n(sec.28-ssec.2) The authority of a person to make a complaint in respect of an offence against this Act shall be presumed until the contrary is proved.\n(sec.28-ssec.3) Proceedings for an offence against this Act may be instituted within 12 months after the commission of the offence or within 6 months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.","sortOrder":32},{"sectionNumber":"pt.5","sectionType":"part","heading":null,"content":"","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 sub 1989 No. 3 s 18\nom 2019 No. 7 s 167","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 sub 1989 No. 3 s 18\nom 2019 No. 7 s 167","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 sub 1989 No. 3 s 18\nom 2019 No. 7 s 167","sortOrder":36},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 sub 1989 No. 3 s 19\nom 2019 No. 7 s 167","sortOrder":37},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 sub 1989 No. 3 s 19\nom 2019 No. 7 s 167","sortOrder":38},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 sub 1989 No. 3 s 19\nom 2019 No. 7 s 167","sortOrder":39},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 sub 1989 No. 3 s 20\nom 2019 No. 7 s 167","sortOrder":40},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 sub 1989 No. 3 s 20\nom 2019 No. 7 s 167","sortOrder":41},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 om 2019 No. 7 s 167","sortOrder":42},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 amd 1989 No. 3 s 21 ; 1992 No. 64 s 3 sch 1\nom 2019 No. 7 s 167","sortOrder":43},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2019 No. 7 s 167","sortOrder":44},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 sub 1989 No. 3 s 22\nom 2019 No. 7 s 167","sortOrder":45},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":46},{"sectionNumber":"sec.41","sectionType":"section","heading":"Searches","content":"### sec.41 Searches\n\nAn officer responsible for keeping or maintaining records available to be searched by the public must allow the registrar, or a person authorised by the registrar, to search the records and make copies of or take extracts from a relevant record, free of charge.\nIn this section—\nrelevant record means—\na document of title; or\na document or other record relating to—\nthe acquisition or disposal of an interest in land; or\nanother matter in which the registrar is or may, for the purposes of this Act, be interested.\ns 41 sub 2019 No. 7 s 168\n(sec.41-ssec.1) An officer responsible for keeping or maintaining records available to be searched by the public must allow the registrar, or a person authorised by the registrar, to search the records and make copies of or take extracts from a relevant record, free of charge.\n(sec.41-ssec.2) In this section— relevant record means— a document of title; or a document or other record relating to— the acquisition or disposal of an interest in land; or another matter in which the registrar is or may, for the purposes of this Act, be interested.\n- (a) a document of title; or\n- (b) a document or other record relating to— (i) the acquisition or disposal of an interest in land; or (ii) another matter in which the registrar is or may, for the purposes of this Act, be interested.\n- (i) the acquisition or disposal of an interest in land; or\n- (ii) another matter in which the registrar is or may, for the purposes of this Act, be interested.\n- (i) the acquisition or disposal of an interest in land; or\n- (ii) another matter in which the registrar is or may, for the purposes of this Act, be interested.","sortOrder":47},{"sectionNumber":"sec.42","sectionType":"section","heading":"Service of documents","content":"### sec.42 Service of documents\n\nThis section applies if—\na document is required or permitted under this Act to be served on a corporation; and\nthe corporation is not likely to receive the document if it is served in a way provided for under the Acts Interpretation Act 1954 , part 10 .\nThe document may be served on the corporation by—\ndelivering it personally to each of 2 directors of the corporation who reside in the State; or\nsending it by post to each of 2 directors of the corporation who reside in the State at the address of the directors last known to the person serving the document; or\nby sending it electronically to the email address of the corporation in accordance with the Electronic Transactions (Queensland) Act 2001 .\ns 42 amd 2001 No. 45 s 29 sch 3\nsub 2019 No. 7 s 168\n(sec.42-ssec.1) This section applies if— a document is required or permitted under this Act to be served on a corporation; and the corporation is not likely to receive the document if it is served in a way provided for under the Acts Interpretation Act 1954 , part 10 .\n(sec.42-ssec.2) The document may be served on the corporation by— delivering it personally to each of 2 directors of the corporation who reside in the State; or sending it by post to each of 2 directors of the corporation who reside in the State at the address of the directors last known to the person serving the document; or by sending it electronically to the email address of the corporation in accordance with the Electronic Transactions (Queensland) Act 2001 .\n- (a) a document is required or permitted under this Act to be served on a corporation; and\n- (b) the corporation is not likely to receive the document if it is served in a way provided for under the Acts Interpretation Act 1954 , part 10 .\n- (a) delivering it personally to each of 2 directors of the corporation who reside in the State; or\n- (b) sending it by post to each of 2 directors of the corporation who reside in the State at the address of the directors last known to the person serving the document; or\n- (c) by sending it electronically to the email address of the corporation in accordance with the Electronic Transactions (Queensland) Act 2001 .","sortOrder":48},{"sectionNumber":"sec.43","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.43 Evidentiary provisions\n\nIn any proceedings under this Act—\nit shall not be necessary to prove the appointment of the Minister, the registrar or a delegate of the registrar to do an act or take a proceeding; and\na signature purporting to be that of the Minister, the registrar or a delegate of the registrar shall be taken to be the signature it purports to be until the contrary is proved; and\na document purporting to be a copy of or an extract (certified by the registrar) from a document lodged in the land registry shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of—\nin the case of an office copy—the last document and its contents; or\nin the case of an extract—the matters contained in the document; and\na certificate purporting to be that of the registrar as to the time when a document of or from which an office copy or extract has been produced in evidence, was lodged in the land registry shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the fact and time of the lodgement of the document; and\nproof of exemption from a provision of the Act shall be upon the person who relies on the exemption; and\nit shall not be necessary to prove the authority of a person to do an act or take a proceeding in the absence of evidence to the contrary.\ns 43 amd 2019 No. 7 s 169\n- (a) it shall not be necessary to prove the appointment of the Minister, the registrar or a delegate of the registrar to do an act or take a proceeding; and\n- (b) a signature purporting to be that of the Minister, the registrar or a delegate of the registrar shall be taken to be the signature it purports to be until the contrary is proved; and\n- (c) a document purporting to be a copy of or an extract (certified by the registrar) from a document lodged in the land registry shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of— (i) in the case of an office copy—the last document and its contents; or (ii) in the case of an extract—the matters contained in the document; and\n- (i) in the case of an office copy—the last document and its contents; or\n- (ii) in the case of an extract—the matters contained in the document; and\n- (d) a certificate purporting to be that of the registrar as to the time when a document of or from which an office copy or extract has been produced in evidence, was lodged in the land registry shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the fact and time of the lodgement of the document; and\n- (e) proof of exemption from a provision of the Act shall be upon the person who relies on the exemption; and\n- (f) it shall not be necessary to prove the authority of a person to do an act or take a proceeding in the absence of evidence to the contrary.\n- (i) in the case of an office copy—the last document and its contents; or\n- (ii) in the case of an extract—the matters contained in the document; and","sortOrder":49},{"sectionNumber":"sec.44","sectionType":"section","heading":"Protection from liability","content":"### sec.44 Protection from liability\n\nLiability at law shall not attach to the Crown or any person on account of any act or thing—\ndone or omitted to be done under this Act; or\ndone or omitted to be done bona fide for the purposes of this Act and without negligence.\nHowever, this section does not apply to an employee of the titles registry operator in relation to performing a titles registry function by the employee under the Queensland Future Fund (Titles Registry) Act 2021 .\nSee the Queensland Future Fund (Titles Registry) Act 2021 , section 45 in relation to protection from liability for employees of the titles registry operator.\ns 44 amd 2021 No. 12 s 59\n(sec.44-ssec.1) Liability at law shall not attach to the Crown or any person on account of any act or thing— done or omitted to be done under this Act; or done or omitted to be done bona fide for the purposes of this Act and without negligence.\n(sec.44-ssec.2) However, this section does not apply to an employee of the titles registry operator in relation to performing a titles registry function by the employee under the Queensland Future Fund (Titles Registry) Act 2021 . See the Queensland Future Fund (Titles Registry) Act 2021 , section 45 in relation to protection from liability for employees of the titles registry operator.\n- (a) done or omitted to be done under this Act; or\n- (b) done or omitted to be done bona fide for the purposes of this Act and without negligence.","sortOrder":50},{"sectionNumber":"sec.44A","sectionType":"section","heading":"Approved forms","content":"### sec.44A Approved forms\n\nThe registrar may approve forms for use under this Act.\ns 44A ins 1991 No. 97 s 3 sch 1\namd 2010 No. 39 s 325 sch 1 pt 2\nsub 2021 No. 12 s 60","sortOrder":51},{"sectionNumber":"sec.44B","sectionType":"section","heading":"Particular trustees to give information about beneficiaries","content":"### sec.44B Particular trustees to give information about beneficiaries\n\nThis section applies to a person who holds an interest, other than the legal estate, in land as trustee for another person (a beneficiary ).\nThe person must, for the purposes of this Act, on request of a legal estate trustee for the land, give the legal estate trustee the following details for each beneficiary—\nthe beneficiary’s name;\nthe beneficiary’s usual place of residence;\ndetails of the interest held for the beneficiary;\nwhether or not the beneficiary is a foreign person.\nIn this section—\nlegal estate trustee , in relation to land mentioned in subsection (1) , means a person who holds the legal estate of an interest in the land.\ns 44B ins 2019 No. 7 s 170\n(sec.44B-ssec.1) This section applies to a person who holds an interest, other than the legal estate, in land as trustee for another person (a beneficiary ).\n(sec.44B-ssec.2) The person must, for the purposes of this Act, on request of a legal estate trustee for the land, give the legal estate trustee the following details for each beneficiary— the beneficiary’s name; the beneficiary’s usual place of residence; details of the interest held for the beneficiary; whether or not the beneficiary is a foreign person.\n(sec.44B-ssec.3) In this section— legal estate trustee , in relation to land mentioned in subsection (1) , means a person who holds the legal estate of an interest in the land.\n- (a) the beneficiary’s name;\n- (b) the beneficiary’s usual place of residence;\n- (c) details of the interest held for the beneficiary;\n- (d) whether or not the beneficiary is a foreign person.","sortOrder":52},{"sectionNumber":"sec.44C","sectionType":"section","heading":"Fees for titles registry functions","content":"### sec.44C Fees for titles registry functions\n\nThe fees provided under the Queensland Future Fund (Titles Registry) Act 2021 are payable in relation to a titles registry function performed under this Act.\nSee the Queensland Future Fund (Titles Registry) Act 2021 , part 3 .\ns 44C ins 2021 No. 12 s 61","sortOrder":53},{"sectionNumber":"sec.45","sectionType":"section","heading":"Regulations","content":"### sec.45 Regulations\n\nThe Governor in Council may make regulations, not inconsistent with this Act, with respect to—\nregulating the duties of the registrar and other officers employed in the administration of this Act; and\nregulating the form of reports under this Act, and the procedure to be followed in respect of those reports; and\nthe form of the register and the particulars to be entered in the register; and\nall matters required or permitted by this Act to be prescribed and in respect of which no other means of prescription are provided; and\nall matters that in the Governor in Council’s opinion are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act.\ns 45 amd 1989 No. 3 s 23 ; 2021 No. 12 s 62\n- (a) regulating the duties of the registrar and other officers employed in the administration of this Act; and\n- (b) regulating the form of reports under this Act, and the procedure to be followed in respect of those reports; and\n- (c) the form of the register and the particulars to be entered in the register; and\n- (d) all matters required or permitted by this Act to be prescribed and in respect of which no other means of prescription are provided; and\n- (e) all matters that in the Governor in Council’s opinion are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act.","sortOrder":54},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2019","content":"# Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2019","sortOrder":55},{"sectionNumber":"sec.46","sectionType":"section","heading":"Definitions for part","content":"### sec.46 Definitions for part\n\nIn this part—\namended , in relation to a section, means as in force from the commencement.\namended Act means the Act as in force from the commencement.\nprevious , in relation to a section, means as in force immediately before the commencement.\nprevious Act means the Act as in force immediately before the commencement.\nrepealed , in relation to a section, means as in force immediately before its repeal.\ns 46 ins 2019 No. 7 s 171","sortOrder":56},{"sectionNumber":"sec.47","sectionType":"section","heading":"Declarations under repealed section 6(2) continued in force","content":"### sec.47 Declarations under repealed section 6(2) continued in force\n\nThis section applies to a person—\nin relation to whom the Minister made a declaration under repealed section 6(2) in relation to a particular interest; and\nwho, immediately before the commencement, was not a foreign person in relation to the interest because of the declaration; and\nwho, at the commencement, would otherwise be a foreign person under the amended Act.\nThe declaration continues in force for the person in relation to the particular interest.\nWhile the declaration continues in force, the person is taken not to be a foreign person in relation to the interest.\nThe person must notify the registrar of any change in the circumstances on which the declaration was based as soon as practicable after the change happens.\nThe Minister may cancel the declaration if satisfied that, because of a change in the circumstances on which the declaration was based, it is no longer appropriate for the person to be taken not to be a foreign person.\ns 47 ins 2019 No. 7 s 171\n(sec.47-ssec.1) This section applies to a person— in relation to whom the Minister made a declaration under repealed section 6(2) in relation to a particular interest; and who, immediately before the commencement, was not a foreign person in relation to the interest because of the declaration; and who, at the commencement, would otherwise be a foreign person under the amended Act.\n(sec.47-ssec.2) The declaration continues in force for the person in relation to the particular interest.\n(sec.47-ssec.3) While the declaration continues in force, the person is taken not to be a foreign person in relation to the interest.\n(sec.47-ssec.4) The person must notify the registrar of any change in the circumstances on which the declaration was based as soon as practicable after the change happens.\n(sec.47-ssec.5) The Minister may cancel the declaration if satisfied that, because of a change in the circumstances on which the declaration was based, it is no longer appropriate for the person to be taken not to be a foreign person.\n- (a) in relation to whom the Minister made a declaration under repealed section 6(2) in relation to a particular interest; and\n- (b) who, immediately before the commencement, was not a foreign person in relation to the interest because of the declaration; and\n- (c) who, at the commencement, would otherwise be a foreign person under the amended Act.","sortOrder":57},{"sectionNumber":"sec.48","sectionType":"section","heading":"Applications for declarations under s 6(4)","content":"### sec.48 Applications for declarations under s 6(4)\n\nThis section applies to an application under repealed section 6(4) made, but not decided, before the commencement.\nThe application is taken to be withdrawn.\ns 48 ins 2019 No. 7 s 171\n(sec.48-ssec.1) This section applies to an application under repealed section 6(4) made, but not decided, before the commencement.\n(sec.48-ssec.2) The application is taken to be withdrawn.","sortOrder":58},{"sectionNumber":"sec.49","sectionType":"section","heading":"Obligation to notify under repealed s 17 continued","content":"### sec.49 Obligation to notify under repealed s 17 continued\n\nDespite its repeal, repealed section 17 continues to apply to a person in relation to the legal estate of an interest in land if, immediately before the commencement, the person had not complied with a requirement under the section to lodge a notification of ownership in relation to the interest.\nFor the purpose of subsection (1), a reference in repealed section 17(3) to a trustee notification of ownership is taken to be a reference to a notification of ownership.\ns 49 ins 2019 No. 7 s 171\n(sec.49-ssec.1) Despite its repeal, repealed section 17 continues to apply to a person in relation to the legal estate of an interest in land if, immediately before the commencement, the person had not complied with a requirement under the section to lodge a notification of ownership in relation to the interest.\n(sec.49-ssec.2) For the purpose of subsection (1), a reference in repealed section 17(3) to a trustee notification of ownership is taken to be a reference to a notification of ownership.","sortOrder":59},{"sectionNumber":"sec.50","sectionType":"section","heading":"Obligation to notify under repealed s 18 continued","content":"### sec.50 Obligation to notify under repealed s 18 continued\n\nDespite its repeal, repealed section 18 continues to apply to a person who acquired an interest in land before the commencement if, immediately before the commencement, the person had not complied with a requirement under the section to lodge a notification of ownership in relation to the interest.\nFor the purpose of subsection (1), a reference in repealed section 18(3) to a trustee notification of ownership is taken to be a reference to a notification of ownership.\ns 50 ins 2019 No. 7 s 171\n(sec.50-ssec.1) Despite its repeal, repealed section 18 continues to apply to a person who acquired an interest in land before the commencement if, immediately before the commencement, the person had not complied with a requirement under the section to lodge a notification of ownership in relation to the interest.\n(sec.50-ssec.2) For the purpose of subsection (1), a reference in repealed section 18(3) to a trustee notification of ownership is taken to be a reference to a notification of ownership.","sortOrder":60},{"sectionNumber":"sec.51","sectionType":"section","heading":"Application of s 19 to particular persons","content":"### sec.51 Application of s 19 to particular persons\n\nThis section applies if—\nat the commencement, the legal estate of an interest in land is registered in the register, or recorded in the records of a relevant registering authority, in a person’s name; and\non the commencement, the person ceases to be a foreign person in relation to the interest.\nSection 19 applies to the foreign person as if a reference in section 19(2) to the day on which the person ceases to be a foreign person were a reference to the day on which the person becomes aware the person ceased to be a foreign person under the amended Act.\ns 51 ins 2019 No. 7 s 171\n(sec.51-ssec.1) This section applies if— at the commencement, the legal estate of an interest in land is registered in the register, or recorded in the records of a relevant registering authority, in a person’s name; and on the commencement, the person ceases to be a foreign person in relation to the interest.\n(sec.51-ssec.2) Section 19 applies to the foreign person as if a reference in section 19(2) to the day on which the person ceases to be a foreign person were a reference to the day on which the person becomes aware the person ceased to be a foreign person under the amended Act.\n- (a) at the commencement, the legal estate of an interest in land is registered in the register, or recorded in the records of a relevant registering authority, in a person’s name; and\n- (b) on the commencement, the person ceases to be a foreign person in relation to the interest.","sortOrder":61},{"sectionNumber":"sec.52","sectionType":"section","heading":"Application of s 20 to particular persons","content":"### sec.52 Application of s 20 to particular persons\n\nThis section applies if—\nimmediately before the commencement, the legal estate of an interest in land was recorded in the records of a registering authority in the name of a person who was not a foreign person under the unamended Act; and\non the commencement, the person is a foreign person in relation to the interest.\nSection 20 applies to the person as if a reference in section 20(2) to the day on which the person becomes a foreign person were a reference to the day on which the person becomes aware the person is a foreign person under the amended Act.\ns 52 ins 2019 No. 7 s 171\n(sec.52-ssec.1) This section applies if— immediately before the commencement, the legal estate of an interest in land was recorded in the records of a registering authority in the name of a person who was not a foreign person under the unamended Act; and on the commencement, the person is a foreign person in relation to the interest.\n(sec.52-ssec.2) Section 20 applies to the person as if a reference in section 20(2) to the day on which the person becomes a foreign person were a reference to the day on which the person becomes aware the person is a foreign person under the amended Act.\n- (a) immediately before the commencement, the legal estate of an interest in land was recorded in the records of a registering authority in the name of a person who was not a foreign person under the unamended Act; and\n- (b) on the commencement, the person is a foreign person in relation to the interest.","sortOrder":62},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provision for Queensland Future Fund (Titles Registry) Act 2021","content":"# Transitional provision for Queensland Future Fund (Titles Registry) Act 2021","sortOrder":63},{"sectionNumber":"sec.53","sectionType":"section","heading":"Forms continue","content":"### sec.53 Forms continue\n\nThis section applies to a form approved by the registrar under this Act as in force before the commencement if the form is in force immediately before the commencement.\nFrom the commencement, the form is taken to be a form approved by the registrar under section 44A.\ns 53 ins 2021 No. 12 s 63\n(sec.53-ssec.1) This section applies to a form approved by the registrar under this Act as in force before the commencement if the form is in force immediately before the commencement.\n(sec.53-ssec.2) From the commencement, the form is taken to be a form approved by the registrar under section 44A.","sortOrder":64}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The core scope remains a statutory register of foreign ownership of land and duties on foreign persons to notify acquisitions, disposals and status changes. Recent amendments reflected in the text mainly modernise administration and enforcement: they allow electronic registers and approved forms, create delegation arrangements with a titles registry operator, introduce fees under the Queensland Future Fund (Titles Registry) Act 2021 (s 44C), and add a trustee disclosure obligation (s 44B). These changes broaden operational and administrative mechanisms but do not materially change the Act’s fundamental purpose of recording and monitoring foreign ownership of land. The transitional provisions preserve pre‑existing exemptions and completed notifications rather than expanding substantive coverage (pts 7–8)."},"complexity_factors":["Multiple time‑bound notification rules (90 days for acquisitions/disposals; 30 June/30 September annual status reporting) creating conditional obligations (ss 18, 18A, 19, 20).","Cross‑references to other legislation and instruments: Justices Act 1886, Acts Interpretation Act 1954, Electronic Transactions (Queensland) Act 2001, Queensland Future Fund (Titles Registry) Act 2021 and regulations (ss 28, 42, 44C, 45).","Delegation and subdelegation architecture involving the titles registry operator with conditions on subdelegations (s 15).","Continuing offence and escalating penalty structure with court powers to order compliance and daily fines (s 24; general penalties s 27).","Registrar’s broad information‑gathering powers, including requiring attendance under oath/statutory declaration and production of records (s 22).","Multiple transitional provisions preserving prior exemptions and treating earlier forms as approved (pts 7–8; ss 47–53).","Administrative flexibility: registrar may record provisional particulars and rectify errors, creating discretionary data entries (ss 13, 23).","Evidence provisions making certified copies conclusive evidence absent contrary proof (s 43).","New trustee disclosure obligation for beneficial interest holders (s 44B) which interacts with existing trust and property law.","Numerous omitted or repealed sections noted in the text (historical amendments) which increase interpretive steps when tracing current obligations."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Creates and requires the maintenance of a Foreign Ownership of Land Register kept by a registrar (the register may be electronic) (s 11).\n- Requires a foreign person who acquires the legal estate in land to lodge a notification of ownership with the registrar within 90 days of acquisition (s 18). Similar notifications are required when a foreign person disposes of an interest (s 18A).\n- Requires annual catch‑up notifications in some cases: if on 30 June a person is (or ceases to be) a foreign person and the relevant notification has not been lodged, the person must lodge it by 30 September (ss 19–20).\n- Allows the registrar to record provisional particulars when no notification is lodged or a notification is incomplete (s 23), and to correct register errors (s 13).\n- Gives the registrar wide information‑gathering powers: written notices can require production of documents, attendance, answers on oath or statutory declaration, and copies may be taken (s 22).\n- Enables the registrar to delegate powers and functions to public service employees and to a titles registry operator (with required subdelegation by that operator) (s 15).\n- Makes register entries and certified copies admissible evidence in legal proceedings (s 11(6), s 43).\n- Provides public access to register information for a fee and allows extraction of statistical data on notice (s 14, s 41). Fees for titles registry functions are payable under the Queensland Future Fund (Titles Registry) Act 2021 (s 44C).\n- Imposes criminal penalties for failures to comply with information notices and for providing false or misleading information; includes continuing offence rules and substantial maximum penalties expressed in penalty units (ss 24–27, 25). Courts can order compliance and daily fines can apply while non‑compliance continues (s 24).\n- Requires certain trustees (holding beneficial interests) to give legal estate trustees specific beneficiary details on request (name, residence, interest details, foreign‑person status) (s 44B).\n- Allows the Governor in Council to make regulations about administration, forms and the particulars to be entered in the register (s 45). Transitional provisions preserve certain earlier exemptions and existing approved forms (pts 7–8).\n\n**Who is affected**\n\n- Primary duties fall on foreign persons who hold or acquire the legal estate in land: they must lodge notifications on acquisition, disposal, or status changes (ss 18, 18A, 19, 20).\n- Trustees and persons holding non‑legal (beneficial) interests: may need to provide beneficiary details to legal estate trustees on request (s 44B).\n- Titles registering authorities and their operators: must cooperate with the registrar, accept and forward notifications, and may perform delegated functions (ss 21, 15, 41).\n- The registrar and delegated officers (including employees of a titles registry operator) carry out administration, information collection and enforcement (ss 11, 15, 22).\n- Members of the public can access register information for a fee (s 14).\n\n**Why it matters (stated purpose and operational effects)**\n\n- The Act establishes a statutory record of foreign ownership of interests in land and gives the registrar powers to collect, verify and publish details. That is the express operational purpose of the instrument (see ss 11, 18, 22).\n\nTesting that stated purpose against costs, incentives and trade‑offs:\n\n- Compliance costs: foreign owners and their agents must complete approved forms and provide documentary evidence; trustees must disclose beneficiary details on request. Those duties create direct compliance costs (time, professional fees, possible documentary searches) and potential transaction delays where documents must be lodged with registering authorities contemporaneously (s 21).\n- Enforcement incentives: substantial penalties and continuing‑offence daily fines create strong incentives to comply or to disclose incomplete data to limit liability (ss 24–27). Courts can also order compliance, which increases the state’s leverage to secure missing information (s 24(7)).\n- Bureaucratic discretion and data quality risk: the registrar has broad powers to require information and to make provisional entries if notifications are missing. That concentrates decision power in the registrar’s office, so data completeness depends on the registrar’s enforcement choices and resourcing (ss 22, 23).\n- Administration and private contracting: delegation to a titles registry operator and fee recovery under the Queensland Future Fund (Titles Registry) Act 2021 transfers operational work and some costs to the registry operator and users (ss 15, 44C). That changes who performs day‑to‑day work while keeping statutory responsibility with the registrar.\n- Effects on private choice and transactions: registering authorities will not complete registrations unless the required notifications or exemption certificates accompany lodgements, so land transactions involving foreign persons can be delayed if notification requirements are not met (s 21(4)).\n- Public access vs privacy: the register is publicly searchable (for a fee) and certified copies are admissible evidence; this improves transparency but also means owners’ data is more accessible.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: foreign owners and trustees bear compliance costs; users pay registry fees to access information; the titles registry operator may recover fees set under separate legislation (s 44C).\n- Who decides: the registrar (and delegates) determines operation of the register, enforces notices, approves forms and can make rectifications; the Governor in Council may make supporting regulations (ss 11, 15, 44A, 45).\n- Behaviour changes: foreign persons must report acquisitions/disposals and status changes within set timeframes; trustees must supply beneficiary details on request; registering authorities will require notifications as part of lodging documents for registration.\n\n**Implementation risks and opportunity costs**\n\n- The integrity of the register depends on enforcement capacity (registrar resources) and cooperation from registering authorities and titles registry operators (ss 22, 21, 15).\n- Additional administrative burden on conveyancing and trustee practices may increase transaction costs and delay settlements where notifications or documentary proof are missing (s 21).\n\n"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4(1)(a) and sec.4(1)(b)","severity":"medium","reasoning":"Section 4(1)(b) treats agreeing to acquire as itself an acquisition, but section 4(2)(b) then provides that where an interest is acquired 'under an agreement', the time of acquisition is entry into possession, not the time of the agreement. This means the person has 'acquired' (by agreeing) before the legislatively defined 'time of acquisition', producing a situation where acquisition precedes its own legally defined timestamp.","confidence":0.72,"description":"The definition of 'acquire' is partially circular and creates an anomalous temporal problem. Section 4(1)(a) deems a person who 'controls' an interest to have 'acquired' it, while section 4(1)(b) includes 'agreeing to acquire' within the meaning of 'acquire'. Combined with section 4(2), which specifies the 'time of acquisition', the time of acquisition for someone who has 'agreed to acquire' is entry into possession (s.4(2)(b)), yet they are already deemed to have acquired it at the time of agreeing (s.4(1)(b)). This creates a logical inconsistency where the act of acquisition and the time of acquisition are mutually contradictory."},{"type":"impossible_compliance","section":"sec.15(2) and sec.15(3)","severity":"medium","reasoning":"A delegation of a function to an entity that is simultaneously mandated to subdelegate that function to someone else is a logical absurdity — the entity cannot both hold and be required to immediately pass on every function delegated to it. There is no provision allowing the operator to retain and exercise any delegated function directly.","confidence":0.78,"description":"The mandatory subdelegation requirement is internally absurd. Section 15(2) gives the registrar a discretionary power to delegate functions to the titles registry operator. However, section 15(3) provides that IF such a delegation occurs, the titles registry operator MUST subdelegate to an employee. This means the titles registry operator has no discretion to exercise the delegated function itself — it must always on-delegate. The operator is therefore placed in the peculiar position of being delegated authority it is legally compelled never to exercise personally."},{"type":"other","section":"sec.19(1)(c)","severity":"low","reasoning":"The condition in s.19(1)(c) references 'a notification of ownership in relation to the cessation', which is conceptually odd since cessation of foreign person status is not an ownership event. The term 'notification of ownership' is the form used for acquisitions, and its application to a cessation event creates semantic ambiguity that could impede compliance or enforcement.","confidence":0.65,"description":"Section 19 triggers an obligation to notify of cessation of foreign person status only if the person 'has not completed, and lodged with the registrar, a notification of ownership in relation to the cessation'. The phrase 'notification of ownership' is used in the condition for a notification about ceasing to be a foreign person, but a cessation of foreign person status is not an 'ownership' event — it is a status change. This creates a potential logical gap where someone who has previously lodged any notification of ownership (even for an unrelated matter) might argue they have satisfied the precondition, even though the specific cessation was never notified."},{"type":"retroactive_impossibility","section":"sec.21(3)","severity":"medium","reasoning":"The overlapping reference to two different 'commencement' dates — the 1988 Act and the 1990 Amendment Act — in adjacent subsections without clear reconciliation creates genuine interpretive difficulty about who qualifies for an exemption and from what obligation.","confidence":0.68,"description":"Section 21(3) allows the registrar to issue a certificate of exemption in respect of acquisitions that occurred 'prior to the commencement of this Act', exempting them from the requirement in s.21(2)(a) and (c). However, s.21(2) itself only applies to documents lodged 'after the commencement of the Foreign Ownership of Land Register Act Amendment Act 1990'. This creates a retroactive impossibility: the Act 1988 commences before the 1990 Amendment Act, so the certificate of exemption provision refers to pre-1988 acquisitions, but the obligation it exempts from is triggered by post-1990 lodgements. A person with a pre-1988 acquisition who lodges post-1990 could simultaneously be caught by s.21(2) and potentially eligible for a s.21(3) exemption, but the interplay between two different commencement dates makes compliance assessment highly uncertain."},{"type":"self_contradicting","section":"sec.24(3) and sec.24(4)","severity":"high","reasoning":"The practical effect is that a person compelled (on pain of criminal penalty) to provide information that incriminates them under this Act receives no use-immunity for the very offences arising from the Act that compelled the disclosure. The protection in s.24(4) is almost entirely hollow for the primary enforcement purpose of the provision.","confidence":0.85,"description":"Section 24(3) compels a person to provide information under s.22 even if it may incriminate them, explicitly removing the privilege against self-incrimination. Section 24(4) then provides that such compelled incriminatory information is not admissible against the person in any proceedings — except proceedings for offences under this very Act. The absurdity is that the protection against use of compelled self-incriminating information is carved out precisely for offences under the Act that generated the compulsion. A person compelled to confess to non-compliance with this Act can have that confession used against them for offences under this Act, making the s.24(3) compulsion effectively operate as a trap."},{"type":"other","section":"sec.24(10) and sec.24(11)","severity":"medium","reasoning":"Two penalty pathways — one under s.24(9) for breaching a court order, and one under s.24(10) for continuing non-compliance — are rendered mutually exclusive only if the court made a s.24(7) order. If no order was made (court's discretion), s.24(10) applies. The person's legal exposure thus depends on whether the court exercised an optional power, not on their own conduct.","confidence":0.7,"description":"Section 24(10) creates a continuing daily offence for failing to comply with a requirement after conviction, with a penalty calculated per day from the date of the last previous conviction to the date of the latest conviction. Section 24(11) then exempts the person from s.24(10) if a court order under s.24(7) has been made. However, s.24(7) is itself discretionary ('the court may... order'). This means the person's exposure to the harsher continuing daily penalty under s.24(10) depends entirely on whether the court chose to make an ancillary order — creating an arbitrary distinction in penalty exposure based on a procedural choice rather than the severity of the non-compliance."},{"type":"other","section":"sec.51(2)","severity":"medium","reasoning":"Section 51(2) purports to substitute a reference in s.19(2) that does not appear in s.19(2) as currently enacted. This creates an internal cross-referencing absurdity where the transitional provision is modifying a non-existent textual element of the operative section.","confidence":0.75,"description":"Section 51 modifies s.19 for persons who cease to be a foreign person at the moment of commencement. It refers to 'a reference in section 19(2) to the day on which the person ceases to be a foreign person'. However, section 19 as drafted does not contain any such reference — s.19(1) uses 30 June as the trigger date and s.19(2) simply requires lodgement by 30 September. There is no explicit 'day on which the person ceases to be a foreign person' in the text of s.19 to be substituted. This transitional provision modifies a reference that does not exist in the operative provision."},{"type":"self_contradicting","section":"sec.44(1)","severity":"low","reasoning":"The asymmetry between the two limbs of s.44(1) means that negligent acts done 'under this Act' (i.e., purportedly authorised) attract full immunity, while negligent acts done in good faith for the Act's purposes do not. This is likely unintentional drafting but creates a logical inconsistency in the scope of immunity.","confidence":0.62,"description":"Section 44(1) provides that liability shall not attach to 'the Crown or any person' for acts done or omitted 'under this Act' or done 'bona fide for the purposes of this Act and without negligence'. The first limb (acts under this Act) contains no negligence carve-out, while the second limb (acts done bona fide for the purposes of this Act) requires absence of negligence. This creates an absurdity where a person acting strictly under the Act's authority has broader immunity than someone acting in good faith for the Act's purposes — incentivising rigid procedural compliance over substantive good-faith administration."}],"contradictions":[{"severity":"low","section_a":"sec.18(1)","section_b":"sec.21(1)","confidence":0.7,"description":"Section 18(1) requires a foreign person to lodge a notification of ownership with the registrar within 90 days of acquisition. Section 21(1) deems a person to have complied with s.18 if they lodge the notification with the 'relevant registering authority' within the same period. However, s.21(5) requires the registering authority to produce the notification to the registrar within 30 days of registration. This means compliance with s.18 can be achieved by lodging with a registering authority, yet the registrar may not receive the document for weeks afterwards — creating a gap where the registrar's register is non-compliant even though the foreign person has legally 'complied'."},{"severity":"medium","section_a":"sec.24(1) and sec.24(5)","section_b":"sec.24(2)","confidence":0.73,"description":"Section 24(1) creates an offence for contravening a s.22 requirement, and s.24(5) makes it a continuing offence for as long as the requirement is not complied with. Section 24(2) provides a defence if the defendant could not, by reasonable diligence, have complied. However, if the defence in s.24(2) succeeds (impossible compliance), the offence cannot have been committed, yet s.24(5) continues to run the offence clock regardless of impossibility. The continuing offence mechanism in s.24(5) does not incorporate or acknowledge the impossibility defence in s.24(2), meaning the daily penalty could theoretically continue accruing even during periods of proven impossible compliance."},{"severity":"low","section_a":"sec.15(1)","section_b":"sec.15(5)","confidence":0.58,"description":"Section 15(1) allows the registrar to delegate 'powers' to public service employees, while s.15(2) allows delegation of 'functions' to the titles registry operator. Section 15(5) then provides that in this section 'function includes power'. If function includes power, then s.15(2) (delegation of functions to the operator) also encompasses powers, making s.15(1) (delegation of powers to public servants) a subset of s.15(2)'s broader scope. This raises the question of whether powers can be delegated to public servants under s.15(1) independently of s.15(2), or whether the inclusive definition in s.15(5) subsumes and potentially displaces the s.15(1) pathway."},{"severity":"low","section_a":"sec.27(1)","section_b":"sec.27(2)","confidence":0.63,"description":"Section 27(1) states that any person who contravenes 'a provision of this Act' commits an offence. Section 27(2) then specifies penalties only 'where no penalty is expressly provided'. However, s.19(2) and s.20(2) provide maximum penalties of 20 penalty units for their respective notification obligations. The general offence provision in s.27(1) would also catch contraventions of ss.19 and 20, but the 20 penalty unit maximum in those sections conflicts with the 835/1670 penalty unit scale in s.27(2). While s.27(2) is intended to be residual, s.27(1) is not — creating a structural ambiguity about whether the specific penalty provisions in ss.19-20 override or coexist with the general offence in s.27(1)."},{"severity":"medium","section_a":"sec.18A(1)(a)","section_b":"sec.18A(2)","confidence":0.75,"description":"Section 18A(1)(a) triggers the disposal notification obligation only where the interest is 'registered in the register, or recorded in the records of a relevant registering authority, in the name of a foreign person'. Section 18A(2) then requires notification within 90 days of the 'day on which the disposal takes place'. However, if a foreign person disposes of an interest that was never registered in their name (e.g., an unregistered equitable interest or an interest acquired but not yet recorded), the disposal notification obligation is never triggered under s.18A(1)(a), even though s.18(1) required the acquisition to be notified. This creates an asymmetry where acquisition must be disclosed but disposal of unregistered interests need not be."}]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1988 form. The original Act appears to have been a standalone foreign ownership registration scheme. The current version shows substantial scope expansion through: (1) integration with the Queensland Future Fund (Titles Registry) Act 2021, effectively privatising/outsourcing registry functions to a titles registry operator; (2) removal of extensive ministerial discretion provisions (sections 6–10, 29–40 repealed); (3) addition of complex trustee disclosure obligations (section 44B); and (4) modernisation for electronic transactions. The Act has shifted from a simple notification system to an integrated component of Queensland's broader land titles infrastructure, with increased automation and reduced ministerial intervention but heavier reliance on delegated legislation and external statutory frameworks."},"complexity_factors":["Multiple repealed and substituted sections (sections 3–10, 12, 16–17, 26, 29–40 all omitted) indicating significant legislative churn","Cross-references to external legislation including the Queensland Future Fund (Titles Registry) Act 2021, Justices Act 1886, Acts Interpretation Act 1954, and Electronic Transactions (Queensland) Act 2001","Nested conditional logic in offence provisions (section 24) with 11 subsections including continuing offences, daily penalties, and complex defences","Transitional provisions spanning two separate amending Acts (2019 and 2021) with complex grandfathering arrangements for existing declarations and notifications","Delegated legislative framework requiring regulations for operational details (section 45)","Interaction between 'foreign person' definition (in Schedule 1, not fully provided) and the operational provisions","Dual notification systems (direct to registrar vs. via registering authorities) under section 21"],"plain_english_summary":"This Queensland law creates a **register to track foreign ownership of land** in the state.\n\n**What it does:**\n- Establishes the **Foreign Ownership of Land Register**, maintained by a registrar (now linked to the titles registry operator under recent changes).\n- Requires **foreign persons** (defined in a separate dictionary/schedule) to notify the registrar when they **buy, sell, or cease to be foreign owners** of land interests within 90 days.\n- Sets rules for **when an acquisition is considered to have happened** — including leases, agreements, and indirect control arrangements.\n- Allows the registrar to **demand information**, **rectify errors**, and **enter information** into the register if people don't comply.\n- Creates **offences and heavy penalties** (up to 835–1670 penalty units) for failing to provide information, giving false information, or ignoring registrar requests.\n- Provides **public access** to register information for a fee.\n\n**Who it affects:**\n- **Foreign persons** acquiring interests in Queensland land (including through trusts or indirect control).\n- **Legal representatives** handling deceased estates (with some exemptions).\n- **Trustees** who must disclose beneficiary details to legal estate trustees.\n- **The registrar and titles registry staff** who administer the system.\n\n**Why it matters:**\nThe law gives the Queensland Government transparency about how much land is owned by foreign interests. It helps track foreign investment in real estate and agricultural land, and ensures foreign owners can't hide their interests through complex ownership structures. The penalties are severe to ensure compliance."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has narrowed in scope over time. Significant portions of the original Act (sections 5–10, 12, 16–17, 26, 29–40) have been repealed, particularly through the 2019 Land, Explosives and Other Legislation Amendment Act. The definition of 'foreign person' was also overhauled in 2019, removing the Ministerial discretion to declare someone not a foreign person (repealed section 6), though transitional protections exist for those who previously held such declarations. Administration functions have shifted partly to a privatised titles registry operator under the 2021 Queensland Future Fund (Titles Registry) Act, changing the institutional delivery of the Act without altering its core disclosure obligations."},"complexity_factors":["Multiple overlapping notification obligations (acquisition, disposal, status change) with different triggers and deadlines","Broad and technical definition of 'acquisition' including indirect control and agreements to acquire","Layered penalty regime with escalating fines, continuing offences, daily penalties, and court orders","Interaction with multiple other Acts (Queensland Future Fund (Titles Registry) Act 2021, Acts Interpretation Act 1954, Justices Act 1886, Electronic Transactions (Queensland) Act 2001)","Transitional provisions across two separate legislative reform periods (2019 and 2021) requiring careful sequencing to understand current obligations","Delegation chain from registrar to titles registry operator and sub-delegation requirements","Modified self-incrimination rules — compelled to answer but answers not usable against you (with limited exceptions)","Trust structures add complexity — trustees must disclose beneficiary information on request","Definition of 'foreign person' is not in the visible text and relies on a schedule dictionary, making it incomplete without that reference"],"plain_english_summary":"The Act requires foreign persons — individuals, companies, trusts or trustees with overseas connections — to notify and register their interests in Queensland land on the Foreign Ownership of Land Register and to report changes in status. Noncompliance can lead to substantial fines, investigations and blocked title dealings.\n\nIt’s a transparency-and‑tracking law: it doesn’t bar foreign purchases but ensures ownership is recorded, searchable (for a fee) and enforceable by the registrar."}},"importantCases":[],"_links":{"self":"/api/acts/foreign-ownership-of-land-register-act-1988","history":"/api/acts/foreign-ownership-of-land-register-act-1988/history","analysis":"/api/acts/foreign-ownership-of-land-register-act-1988/analysis","conflicts":"/api/acts/foreign-ownership-of-land-register-act-1988/conflicts","importantCases":"/api/acts/foreign-ownership-of-land-register-act-1988/important-cases","documents":"/api/acts/foreign-ownership-of-land-register-act-1988/documents"}}