{"id":"a-1925-1","name":"Land Titles Act 1925","slug":"land-titles-act-1925","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"1 of 1925","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23835,"registerId":"act-a-1925-1-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Land Titles Act 1925.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘registrable form, for an\ninstrument—see section 4.’ means that the term ‘registrable form’ is\ndefined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of registrable form","content":"4 Meaning of registrable form\nFor this Act, an instrument is in registrable form if—\n(a) the instrument does not require a material correction, alteration\nor addition; and\n(b) the instrument is in the form (if any) approved under section 140\n(Approved forms); and\n(c) any document that is required to be produced under\nsection 14 (1) (a) or (c) for the instrument is produced when the\ninstrument is lodged; and\n\nPreliminary Part 1\n(d) certification under section 48BA or section 48BB, or\nverification under section 48BC, is provided for the instrument;\nand\n(e) any document for the instrument that is required to be provided\nunder section 48BH (2) is provided when the instrument is\nlodged; and\n(f) the instrument is otherwise in accordance with this Act or\nanother law in force in the ACT.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application to married women’s property","content":"5 Application to married women’s property\nNothing in this Act is taken to affect or control any other territory law\nwhich deals with married women’s property.\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Registrar-general’s seal of office etc","content":"7 Registrar-general’s seal of office etc\nA reference in this Act to the seal of office, or the signature, of the\nregistrar-general, deputy registrar-general or acting registrar-general\nincludes a reference to a production by electronic means of the seal\nor signature, as the case may be.\n\n","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"General powers of","content":"Part 3 General powers of\nregistrar-general\n","sortOrder":6},{"sectionNumber":"14","sectionType":"section","heading":"Powers of registrar-general","content":"14 Powers of registrar-general\n(1) The registrar-general may—\n(a) require the proprietor or other person making application to have\nany land brought under this Act, or the proprietor or mortgagee\nor other person interested in any land under this Act, in respect\nof which any transfer, lease, mortgage, encumbrance or other\ndealing or any release from any mortgage or encumbrance has\nbeen presented to the registrar-general for registration under this\nAct, or in respect of which any transmission is about to be\nregistered or which or any portion of which has been resumed\nor withdrawn, to produce any grant, conveyance, deed,\nmortgage, lease, will or other document or instrument in his or\nher possession or within his or her control affecting the land or\nthe title thereto; and\n(b) summon any such proprietor, mortgagee or other person\nmentioned in paragraph (a) to appear and give any explanation\nrespecting the land or the documents or instruments affecting the\ntitle thereto; and\n(c) for an instrument lodged under section 48BA or section 48BB—\nrequire the legal practitioner or mortgagee corporation to\nproduce a document in relation to which certification under\nthose sections was given; and\nNote The registrar-general may also require documents in relation to an\ninstrument from a legal practitioner or mortgagee corporation\nunder s 48BH.\n(d) keep a record of administrative interests on the register;\nNote Administrative interest—see s 69A.\n\n(e) administer oaths or may take a statutory declaration in lieu of\nadministering an oath; and\n(f) correct or alter the register to the extent and in the manner\nprovided by sections 160, 161 and 162A; and\n(g) on the application of a registered proprietor and on production\nof any evidence that the registrar-general requires—record in the\nregister that an interest in land has been extinguished by merger;\nand\n(h) enter a caveat on behalf of any person under a legal disability or\nwho is absent from Australia, or on behalf of the\nCommonwealth, to prohibit the transfer or dealing with any land\nbelonging or supposed to belong to any such person, and also to\nprohibit the dealing with any land in any case in which it appears\nto him or her that an error has been made by misdescription of\nthe land or otherwise in any document or instrument, or for the\nprevention of any fraud or improper dealing; and\n(i) without erasing or rendering illegible the original\nmeasurements, alter—\n(i) grants, the register and entries made therein; and\n(ii) any maps, plans, documents and instruments deposited or\nlodged with him or her, whether under this or any other\nAct;\nso as to express in metric units, to the 3rd decimal place, any\nmeasurements contained therein that are expressed in imperial\nunits.\n\n(2) The registrar-general has, and may exercise, if a notice of a\ndetermination made under the Rates and Land Rent (Relief) Act 1970,\nsection 3, or a memorandum of discharge under that Act, section 18,\nis presented to him or her for registration, all or any of the powers\nconferred by subsection (1) as if the notice were a mortgage, or the\nmemorandum of discharge were a discharge of a mortgage, presented\nto him or her for registration under this Act.\n(3) If notice in writing is given to the registrar-general that land, or an\ninterest in land, is affected by—\n(a) a Territory or Commonwealth law; or\n(b) anything done under a Territory or Commonwealth law;\nthe registrar-general must make a record in the register that the land\nor interest has been so affected.\n(4) For subsection (3), the following provisions apply:\n(a) subject to any relevant provision of the Territory or\nCommonwealth law, a record made under that subsection takes\neffect accordingly;\n(b) that subsection does not apply to a matter if a provision of a\nTerritory or Commonwealth law makes provision (however\nexpressed) for making a record in the register in respect of the\nmatter.\n(5) If a record—\n(a) was made in the register before the date of commencement of\nsubsection (3) (the commencement date); and\n(b) was not, when made, authorised or required by a Territory or\nCommonwealth law to be made in the register; and\n\n(c) could, on and after the commencement date, have been made\nunder that subsection;\nthe record takes effect, on and after the commencement date, as a\nrecord made under that subsection.\n(6) If—\n(a) the register contains a record in relation to land or an interest in\nland; and\n(b) the lease of the land is surrendered by the lessee; and\n(c) a new lease of the land comprised in the surrendered lease is\ngranted to the lessee;\nthe registrar-general must make a corresponding record in the register\nin relation to the new lease.\n(7) The registrar-general may allow a document that is required or\npermitted to be presented or lodged with the registrar-general for this\nor any other Act to be presented by such means, including electronic\nmeans, as the registrar-general thinks fit.\n(8) The registrar-general may deal with any document the\nregistrar-general is required or permitted to deal with under this Act\nor another territory law electronically or by any other means the\nregistrar-general considers fit.\n\n","sortOrder":7},{"sectionNumber":"15","sectionType":"section","heading":"Penalty for obstructing registrar-general","content":"15 Penalty for obstructing registrar-general\n(1) If any person upon requisition in writing made by the\nregistrar-general under section 14 (1) (a), (b) or (c)—\n(a) refuses or neglects to produce any document or instrument or to\nallow it to be inspected; or\n(b) refuses or neglects to give any explanation;\nhe or she commits an offence.\nMaximum penalty:\n(a) for paragraph (a)—50 penalty units, imprisonment for 6 months\nor both; and\n(b) for paragraph (b)—50 penalty units.\n(2) The registrar-general, if any document or instrument so withheld\nappears to him or her to be material, shall not be bound to proceed\nwith the bringing of the land under this Act, or with the registration\nof the transfer or other dealing, as the case may be.\n\nPart 4 Future grants of freehold and of certain Crown leaseholds\nPart 4 Future grants of freehold and of\ncertain Crown leaseholds\n17 Crown grants and certain Crown leases under Act\n(1) Each grant of freehold and each grant for a term exceeding 5 years\ngranted by or in the name of the Commonwealth or by the Territory\nafter the commencement of this Act shall be given to the\nregistrar-general, and, in addition to proper words, shall refer to a map\nof the land.\n(2) On the registration of the grant, the registrar-general must tell the\ngrantee, in writing, about the registration.\n(3) The registration shall be deemed to be an enrolment of record of the\ngrant, and the enrolment shall relate back to the date of the grant, and\nthe grant when registered under this Act shall be sufficient evidence\nof a duly enrolled grant of the land therein described to the person\ntherein named on the date thereof.\n\nRequirements of applications Division 5.1\n","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"Applications to bring land under","content":"Part 5 Applications to bring land under\nAct and proceedings on\napplications\n","sortOrder":9},{"sectionNumber":"18","sectionType":"section","heading":"Land brought under Act","content":"18 Land brought under Act\n(1) Land not subject to this Act may be brought under its provisions.\n(2) The registrar-general shall receive applications for that purpose if\nmade by—\n(a) any person in Australia claiming to be the person in whom the\nfee simple is vested in possession either at law or in equity:\nProvided that in any case where trustees, seized in fee simple,\nhave no express power to sell the land which they seek to bring\nunder the operation of this Act, the person claiming to be\nbeneficially entitled for the first life estate, or other greater estate\nthan a life estate in the land, shall join in the application; or\n(b) any person in Australia claiming a life estate in possession, or a\nleasehold for a life or lives, or having a term of not less than\n25 years then current, and any person in Australia claiming a\nleasehold estate under a Crown lease having a term not less than\n5 years then current:\nProvided that all persons claiming to be beneficially entitled in\nreversion or remainder shall join in the application:\nProvided further that nothing in the preceding proviso shall be\nconstrued as requiring the concurrence of a lessor in an\napplication by a lessee; or\n(c) any person in Australia who has the power of appointing or\ndisposing of the fee simple of any land absolutely; or\n\n(d) the attorney in the ACT, under a power of attorney, of a\ncorporation having the power to hold or dispose of land in fee\nsimple:\nProvided that—\n(i) the power of attorney shall be under the common seal of\nthe corporation, and shall authorise the attorney to apply;\nand\n(ii) the application shall be made for and on behalf of the\ncorporation; and\n(iii) the requisite declaration shall be made by him or her to the\nbest of his or her knowledge, information and belief; and\n(iv) the application shall be subscribed in his or her own name\nas such attorney; and\n(v) the interest in the land must be registered in the name of\nthe corporation; or\n(e) the attorney in the ACT of any person absent Australia who\nwould be entitled to apply if resident in Australia, provided that\nthe attorney is constituted such by an instrument under seal\nauthorising him or her, at his or her absolute discretion—\n(a) to sell and convey land for an absolute estate in fee simple,\nand to give effectual discharges to purchasers; or\n(b) as regards applications in respect of a life estate or a\nleasehold, to deal with life estates and leaseholds\nrespectively;\nand the requisite evidence of non-revocation of the power by the\ngrantor’s death or otherwise is furnished; or\n(f) a parent or guardian of an infant, in the name of the infant; or\n\nRequirements of applications Division 5.1\n(g) the manager of a person’s property under the Guardianship and\nManagement of Property Act 1991.\n(3) No such application shall be received—\n(a) from a person who has contracted to purchase any land unless\neither the vendor consents to or joins in the application or the\nwhole of the purchase money has been paid to the vendor or his\nor her authorised attorney or agent; or\n(b) from a person claiming to be entitled to an undivided share of\nany land unless the person who appears to be entitled to the other\nundivided share joins in the application with the view of\nbringing the entirety under this Act; or\n(c) from the mortgagor of any land unless the mortgagee joins in the\napplication; or\n(d) from the mortgagee of any land except in the exercise of a power\nof sale contained in the mortgage deed; or\n(e) in respect of any land subject to the lien of any judgment or\nexecution creditor unless the creditor consents to the\napplication.\n(4) The bringing of any leasehold under this Act shall not be held to\nextinguish the reversion expectant thereon.\n(5) In the event of land being brought under this Act under an application\nby any person mentioned in subsection (2) (c), the application shall\nbe deemed, both at law and in equity, to be an exercise of the power\nvested in that person.\n\n","sortOrder":10},{"sectionNumber":"19","sectionType":"section","heading":"Judge may order production of deeds for purpose of","content":"19 Judge may order production of deeds for purpose of\napplication\n(1) The judge of the court may, on the application of any person seeking\nto bring land under this Act, order any specified person who has in\nhis or her possession or under his or her control any deed, document,\ninstrument or evidence of title relating to or affecting the land, to\nproduce, at the office of the registrar-general, on a day to be named\nin the order, the deed, document, instrument or evidence for the\nperusal of the registrar-general.\n(2) Any order under subsection (1) shall be upon such terms and subject\nto such conditions as to costs or otherwise as the judge deems fit.\n","sortOrder":11},{"sectionNumber":"20","sectionType":"section","heading":"Applicant to surrender documents of title and to furnish","content":"20 Applicant to surrender documents of title and to furnish\nabstract if required\n(1) Every applicant to bring land under this Act shall, when making his\nor her application—\n(a) deposit with the registrar-general all documents in his or her\npossession or under his or her control constituting or in any way\naffecting his or her title, and in the case of a leasehold a certified\ncopy of the lease, and of any other document under which the\napplicant claims title, and furnish a schedule of those\ndocuments, and also, if required, an abstract of his or her title;\nand\n(b) state in his or her application the nature of his or her interest,\nand of every interest held therein by any other person whether\nat law or in equity, in possession, or in futurity or expectancy,\nand whether the land be occupied or unoccupied (and, if\noccupied, the name and description of the occupant and the\nnature of his or her occupancy, and whether the occupancy be\nadverse or otherwise), and the names and addresses of the\noccupants and proprietors of all lands contiguous to the land in\nrespect to which application is made so far as known to him or\nher, and that the schedule so furnished includes all documents\n\nof title to the land in his or her possession or under his or her\ncontrol; and\n(c) make and subscribe a declaration to the truth of the statement.\n(2) The applicant may in his or her application require the\nregistrar-general, at the expense of the applicant, to cause notice of\nhis or her application to be served upon any person whose name and\naddress is for that purpose therein stated.\n","sortOrder":12},{"sectionNumber":"21","sectionType":"section","heading":"Applications to be considered by registrar-general","content":"21 Applications to be considered by registrar-general\n(1) Upon the receipt of an application, the registrar-general shall cause\nthe title of the applicant, for such period as he or she considers\nsufficient, to be examined, and shall thereafter take the case into his\nor her consideration.\n(2) If it appears to the registrar-general that the applicant is the original\ngrantee from the Crown of the land in respect of which the application\nis made, and that no sale, mortgage, or other encumbrance or\ntransaction affecting the title of the land has at any time been\nregistered in New South Wales or in the ACT, and that the applicant\nhas not required notice of his or her application to be served upon any\nperson, the registrar-general may bring the land under this Act\nforthwith by registering the applicant’s interest in the land.\n\n","sortOrder":13},{"sectionNumber":"22","sectionType":"section","heading":"When applicant is not original grantee or any","content":"22 When applicant is not original grantee or any\ntransactions registered\nIf it appears to the registrar-general that the land in respect of which\napplication has been made is held by the applicant for the interest\ndescribed in the application free from mortgage, encumbrance or\nother beneficial interest affecting the title thereto, or, if any such\nmortgage, encumbrance or interest remain unsatisfied, that the parties\ninterested therein are also parties to the application, and that the\napplicant has not required notice of his or her application to be served\non any person, the registrar-general must require public notice of the\napplication to be given, and must further limit and appoint a time not\nless than 1 month nor more than 12 months from the date of\nnotification of the application under the Legislation Act 2001 (see\nsection 24 (Notice of application to be published)) upon or after the\nexpiration of which the registrar-general may, unless he or she has in\nthe interval received a caveat forbidding him or her so to do, proceed\nto bring the land under this Act.\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n","sortOrder":14},{"sectionNumber":"23","sectionType":"section","heading":"When evidence of title imperfect","content":"23 When evidence of title imperfect\n(1) If it appears to the registrar-general that any parties interested in any\nunsatisfied mortgage or encumbrance affecting the title to the land or\nbeneficially interested therein are not parties to the application, or that\nthe evidence of title set forth by the applicant is imperfect or that the\napplicant has required notice of his or her application to be served\npersonally upon any person, the registrar-general may reject the\napplication altogether, or require notice of the application to be served\nupon all persons who appear to him or her to have any interest in the\nland the subject of the application, and public notice of the application\nto be given and advertisements to be published in the official Gazettes\nof each of the States, at the times and intervals the registrar-general\nconsiders appropriate, and must also limit and appoint a time, not less\nthan 2 months nor more than 2 years after the date of the earliest of\n\nthe Gazette advertisements, or notification of the application under\nthe Legislation Act 2001 (see section 24 (Notice of application to be\npublished)), whichever is earlier, upon or after the expiration of\nwhich he or she may bring the land under this Act, unless he or she\nhas in the interval received a caveat forbidding him or her to do so.\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(2) The registrar-general may, in his or her discretion, notwithstanding\nthat certain persons are not parties to the application, or that the\nevidence of title set forth by the applicant is imperfect, take the steps\nprovided in section 22, and may bring the land under this Act; but in\nthat case he or she may require payment to him or her of such special\nfee as he or she considers adequate in addition to that provided under\nsection 139.\n","sortOrder":15},{"sectionNumber":"24","sectionType":"section","heading":"Notice of application to be published","content":"24 Notice of application to be published\n(1) The registrar-general shall, of his or her own motion or under any\norder of the court, require notice to be published, in such manner as\nhe or she determines or as the order prescribes, that application has\nbeen made for bringing the land therein referred to under this Act,\nand shall also cause a copy of the notice to be posted in a conspicuous\nplace in his or her office and in such other places as he or she deems\nnecessary, and shall forward by registered letter through the post\noffice, a copy of the notice addressed to the persons (if any) who he\nor she thinks ought to be served with the notice, and to the persons (if\nany) stated in the declaration by the applicant to be in occupation of\nthe land or to be occupiers or proprietors of land contiguous thereto,\nso far as his or her knowledge of the addresses of those persons may\nenable him or her, and, if the applicant has required any such notice\nto be personally served upon any person named in his or her\napplication, the registrar-general shall require a copy of the notice to\nbe so served upon that person.\n\n(2) The notice of the application is a notifiable instrument.\n(3) The registrar-general must give additional public notice of the notice\nof application.\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (3) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n","sortOrder":16},{"sectionNumber":"25","sectionType":"section","heading":"Registrar-general bringing land under Act","content":"25 Registrar-general bringing land under Act\nIf, within the time limited by the registrar-general or under any order\nof the court, any notice forwarded by registered letter in accordance\nwith section 24 is not returned by the postmaster-general, and if\nwithin the time so limited the registrar-general has not received a\ncaveat as described in this Act forbidding him or her so to do, and, in\nany case in which personal notice has been required as aforesaid, if\nthe registrar-general has received proof to his or her satisfaction that\nthe notice has been served, the registrar-general shall bring the land\ndescribed in the application under this Act by registering the\napplicant’s interest in the land.\n","sortOrder":17},{"sectionNumber":"26","sectionType":"section","heading":"On a return of notices or failure of personal service,","content":"26 On a return of notices or failure of personal service,\nregistrar-general may proceed or give further directions\n(1) Whenever the registrar-general is made aware that any notice\nrequired by any applicant to be served personally has failed to be or\ncannot be so served, he or she shall notify that fact to the applicant,\nwho may, by writing, withdraw the requisition.\n\n(2) Upon the withdrawal of the requisition, or upon the return to the\nregistrar-general by the postmaster-general of any letter containing\nany notice, the registrar-general may reject the application altogether,\nor bring the land therein described under this Act forthwith, or after\nsuch further interval, notification or advertisement as he or she deems\nfit.\n","sortOrder":18},{"sectionNumber":"27","sectionType":"section","heading":"Applicant may withdraw application","content":"27 Applicant may withdraw application\nAny applicant may withdraw his or her application at any time before\nthe registrar-general registers the applicant’s interest in the land, and\nthe registrar-general shall in that case, upon request in writing signed\nby the applicant, return to him or her or the person (if any) notified in\nthe application as having a lien upon the documents, the abstract and\nall documents of title deposited by the applicant for the purpose of\nsupporting his or her application.\n","sortOrder":19},{"sectionNumber":"28","sectionType":"section","heading":"Land occupied may be brought under Act by different","content":"28 Land occupied may be brought under Act by different\ndescription from that in title on special application\nOn any application to bring land under this Act in which the land\nactually and bona fide occupied by or under the applicant differs in\nboundaries, area or position from the land described in his or her\ndocuments of title, the applicant may apply to bring under this Act\nthe land so occupied; and in any such case the applicant shall state in\nhis or her application, in addition to the other particulars required by\nthis Act, that the land as so occupied and as to which he or she applies\nfor registration is not correctly described in the documents of title\nlodged in support of the application, and shall specify to the best of\nhis or her knowledge and belief the reasons for the discrepancy\nbetween the land as so occupied and the land as described in the\ndocuments of title.\n\n","sortOrder":20},{"sectionNumber":"29","sectionType":"section","heading":"Applications to bring land under Act may be granted for","content":"29 Applications to bring land under Act may be granted for\nland occupied under, but not described in, title deeds\nOn an application to bring land under this Act by a description\ndifferent from that in the documents of title or for the amendment of\na grant or the register, the registrar-general may grant the application\nas to the land occupied by or under the applicant if the discrepancy\nbetween the land as so occupied and as described in the documents of\ntitle, grant or register appears to be due to the inaccuracy of any\nsurvey or plan or description on the sale of the land by the Crown or\non any subsequent dealing therewith or to any discrepancy between\nthe actual measurements or bearings at any time made or marked on\nthe ground and those represented or mentioned in any plan or\ndescription.\n","sortOrder":21},{"sectionNumber":"30","sectionType":"section","heading":"Parties interested may enter caveat","content":"30 Parties interested may enter caveat\n(1) Any person having or claiming an interest in any land advertised as\nprovided in division 5.2, or the legal practitioner or agent in the ACT\nof any such person, may within the time limited by the\nregistrar-general for that purpose lodge a caveat with the\nregistrar-general, forbidding the bringing of the land under this Act,\nand every such caveat shall particularise the interest, lien or charge\nclaimed by the caveator.\n(2) No such caveat shall be received by the registrar-general unless some\naddress within the ACT is appointed therein as the place at which\nnotices and proceedings relating to the caveat may be served.\n\nCaveats against original applications Division 5.3\n(3) Any person lodging any caveat with the registrar-general without\nreasonable cause shall be liable to make to any person who has\nsustained damage thereby such compensation as is just, and the\ncompensation shall be recoverable in an action at law by the person\nwho has sustained damage from the person who lodged the caveat.\n","sortOrder":22},{"sectionNumber":"31","sectionType":"section","heading":"If caveat be received within time limited proceedings","content":"31 If caveat be received within time limited proceedings\nstayed\nUpon receipt of any such caveat within the time limited by him or her\nfor the purpose, the registrar-general shall notify the receipt thereof\nto the applicant, and shall suspend further action in the matter, and\nthe lands in respect of which the caveat is lodged shall not be brought\nunder this Act until the caveat has been withdrawn or has lapsed from\nany of the causes provided in section 32, or until a decision has been\nobtained from the court.\n","sortOrder":23},{"sectionNumber":"32","sectionType":"section","heading":"Caveats lapse unless proceedings taken within 3 months","content":"32 Caveats lapse unless proceedings taken within 3 months\nAfter the expiration of 3 calendar months from the receipt thereof,\nevery such caveat shall be deemed to have lapsed unless the caveator\nhas, within that time—\n(a) taken proceedings in the court to establish his or her title to the\ninterest, lien or charge therein specified, and given written\nnotice thereof to the registrar-general; or\n(b) obtained from the court an order or injunction restraining the\nregistrar-general from bringing the land therein referred to under\nthis Act, either absolutely or until the further order of the court.\n\n","sortOrder":24},{"sectionNumber":"33","sectionType":"section","heading":"Special case","content":"33 Special case\n(1) Where a caveat against an application to bring land under this Act has\nbeen lodged by a caveator claiming the land or a portion thereof or an\ninterest therein adversely to the applicant, the applicant may state a\ncase for the opinion and direction of the court upon the matter, and\nthe caveator may under section 32 apply for an injunction until the\nfurther order of the court, and the court may direct the caveator to\nlodge in the court, on or before a certain day, a case on his or her own\nbehalf, stating whether he or she claims in his or her own right or\nunder another person, together with such other particulars (if any) as\nthe court thinks fit to order.\n(2) The court shall thereupon direct issues to be tried as to any facts, or,\nshould no fact be in contest, may decide the matter upon the case\nstated, and, for those purposes, may make all such orders as the court\nthinks fit.\n(3) The decision of the court finally upon the matter shall be conclusive\non the parties and on the registrar-general.\n(4) The costs of every proceeding under this section shall be borne by the\nparty finally unsuccessful.\n\nCaveats against original applications Division 5.3\n","sortOrder":25},{"sectionNumber":"34","sectionType":"section","heading":"Where caveator fails to prosecute proceedings","content":"34 Where caveator fails to prosecute proceedings\nWhere a caveator has under section 32 given notice to the\nregistrar-general that he or she has taken proceedings to establish his\nor her title, but the proceedings have not, within 6 months after the\ndate of writ or commencement of the proceedings, been continued to\nsuch a state as to have resulted in a decision, judgment or order by the\ncourt in which the proceedings are pending, the registrar-general, on\ngiving 1 month’s notice to the caveator or to the legal practitioner\nwhose name appears on the caveat of his or her intention to proceed,\nor, if neither of such courses be practicable, then on posting or\nexhibiting the notice on the land for a period of 30 days, may proceed\nwith the application, notwithstanding section 31, and may bring the\nland, the subject of the application and of the caveat, under this Act,\nunless in the meantime an order or injunction restraining the\nregistrar-general from further proceeding with the application has\nbeen served on him or her.\n\nPart 6 Bringing land under the Act—miscellaneous\nPart 6 Bringing land under the Act—\nmiscellaneous\n35 Documents of title how to be dealt with\n(1) On registering an interest bringing land under this Act, the\nregistrar-general shall cancel every document of title deposited by the\napplicant when making his or her application, and in the case of a\nleasehold shall endorse upon the lease so deposited a memorandum\nstating that the lease has been brought under this Act, and shall certify\nthe memorandum by his or her signature and seal, and shall, in the\ncase of a Crown lease, file the lease in his or her office, and, in other\ncases, return the lease to the applicant, and shall file in his or her\noffice the certified copy of such lease directed by section 20 to be\nfurnished by the applicant.\n(2) If any such document relates to or includes any property, whether\npersonal or real, other than the land included in the register, the\nregistrar-general shall endorse thereon a memorandum cancelling the\ndocument in so far only as relates to the land included in the register,\nand shall return the document to the applicant.\n(3) The registrar-general shall retain in his or her office all documents so\ncancelled, except such documents as he or she is by this section\ndirected to return to the applicant, and no person shall be entitled to\nthe production of any such document so cancelled except upon the\nwritten order of the applicant or of some person claiming through or\nunder him or her or upon the order of the judge of the court.\n","sortOrder":26},{"sectionNumber":"37","sectionType":"section","heading":"Crown grants","content":"37 Crown grants\nWhere any person entitled to a grant dies before the grant has been\nmade, the grant may be made to and issue in the name of that person,\nand the land, the subject of the grant, shall devolve in like manner as\nif the grant had been made prior to the death of that person.\n\nLand registered under Real Property Act 1900 (NSW) Part 7\n","sortOrder":27},{"sectionNumber":"Part 7","sectionType":"part","heading":"Land registered under Real","content":"Part 7 Land registered under Real\nProperty Act 1900 (NSW)\n","sortOrder":28},{"sectionNumber":"38","sectionType":"section","heading":"Bringing under this Act of land to which State Act applies","content":"38 Bringing under this Act of land to which State Act applies\n(1) This section applies to land in the ACT that is under the Real Property\nAct 1900 (NSW) (RPA land).\n(2) The registrar-general may declare that RPA land described in the\ndeclaration is, by force of the declaration, brought under this Act.\n(3) For subsection (2), a description of land as the land comprised in a\nspecified Crown grant or in a specified certificate of title under the\nReal Property Act 1900 (NSW) is a sufficient description of the land.\n(4) A declaration under subsection (2) is a notifiable instrument.\n(5) On notification under the Legislation Act 2001 of the declaration, the\nland described in the declaration is under this Act.\n(6) The registrar-general may state in the declaration the folio of the\nregister in which each grant or certificate of title, as the case may be,\nis to be registered.\n","sortOrder":29},{"sectionNumber":"39","sectionType":"section","heading":"Transfer of records","content":"39 Transfer of records\nThe Governor-General may arrange with the Governor of New South\nWales for the handing over to the Commonwealth of all duplicate\ngrants and certificates of title, and other documents registered or\nlodged with the registrar-general of that State in respect of land in the\nACT, which, at the date of the commencement of this part, is under\nthe Real Property Act 1900 (NSW), or for the delivery to the\nCommonwealth of copies of those grants, certificates of title and\ndocuments duly certified by the registrar-general of the State as\ncorrect copies.\n\nPart 7 Land registered under Real Property Act 1900 (NSW)\n","sortOrder":30},{"sectionNumber":"40","sectionType":"section","heading":"Recognition of transferred records","content":"40 Recognition of transferred records\nThe duplicate grants and certificates of title and other documents or\nthe certified copies thereof, as the case may be, handed over or\ndelivered to the Commonwealth under section 39, shall be deemed\nfor all purposes thereafter to be duplicate grants and certificates of\ntitle and other documents duly registered and authenticated by the\nregistrar-general or lodged with the registrar-general under this Act.\n","sortOrder":31},{"sectionNumber":"41","sectionType":"section","heading":"Duplicate grant etc handed over to be deemed original","content":"41 Duplicate grant etc handed over to be deemed original\ngrant\n(1) The original of any duplicate grant or certificate of title which, or a\ncertified copy of which, is handed over or delivered to the\nCommonwealth under section 39 shall, as from the date of the\nhanding over or delivery, be deemed to be an original grant or\ncertificate of title delivered under this Act to the proprietor entitled to\nthe land described therein.\n(2) Any instrument or document relating to land included in a grant or\ncertificate of title (the duplicate or a certified copy of the duplicate of\nwhich is handed over or delivered to the Commonwealth under\nsection 39) which—\n(a) was executed prior to the date of the commencement of this part;\nand\n(b) would have been entitled to registration under the Real Property\nAct 1900 (NSW) if the land were under that Act;\nmay be registered under this Act notwithstanding that the instrument\nor document is not in the form prescribed by this Act.\n\nLand registered under Real Property Act 1900 (NSW) Part 7\n","sortOrder":32},{"sectionNumber":"42","sectionType":"section","heading":"Land referred to in pt 7 to be subject to certain","content":"42 Land referred to in pt 7 to be subject to certain\nreservations etc\nAll land referred to in this part which is subject to any reservation,\nexception, easement, obligation, trust, encumbrance, mortgage or\ncharge at the time when this part commences shall continue subject\nthereto until it is lawfully removed or discharged.\n\n","sortOrder":33},{"sectionNumber":"43","sectionType":"section","heading":"Registrar-general to keep register","content":"43 Registrar-general to keep register\n(1) The registrar-general shall keep a register relating to land.\n(2) The registrar-general may—\n(a) keep the register—\n(i) in such form or combination of forms; and\n(ii) on such medium or combination of media; and\n(iii) in such manner;\nas the registrar-general thinks fit; and\n(b) at any time, vary the form or medium in which the register or\npart of the register is kept.\n(3) A reference to a medium in subsection (2) includes but is not limited\nto—\n(a) a computer; or\n(b) microfilm; or\n(c) paper.\n(4) The register consists of folios of the register, instruments, plans and\nregistered documents.\n(5) Where the registrar-general is satisfied—\n(a) that the register contains an entry relating to an instrument or\ndocument affecting land; and\n(b) that the land is no longer affected by the instrument or\ndocument;\nthe registrar-general may cancel the entry in the register.\n\n","sortOrder":34},{"sectionNumber":"44","sectionType":"section","heading":"Form of certificate of title","content":"44 Form of certificate of title\n(1) Every certificate of title shall set forth the nature of the estate of\nfreehold or leasehold in respect of which it is issued.\n(2) The registrar-general shall note thereon in such manner as to preserve\ntheir priority the particulars of all unsatisfied mortgages or other\nencumbrances, and of any other interests to which the land is subject,\nand if the certificate of title be issued to an infant or to a person\notherwise under disability he or she shall state the age of the infant or\nthe nature of the disability so far as known to him or her, and shall\ncause a certificate of title to be delivered to the proprietor entitled to\nthe land described therein.\n","sortOrder":35},{"sectionNumber":"45","sectionType":"section","heading":"One certificate may be issued for lands not contiguous","content":"45 One certificate may be issued for lands not contiguous\nThe registrar-general may issue 1 certificate of title for several parcels\nof land even if they are not contiguous.\n","sortOrder":36},{"sectionNumber":"46","sectionType":"section","heading":"Registering fee simple estate for which leasehold interest","content":"46 Registering fee simple estate for which leasehold interest\nregistered\nBefore bringing under this Act an estate in fee simple in relation to\nwhich a leasehold interest has been registered, the registrar-general\nmust—\n(a) close the folio of the register for the leasehold interest; and\n(b) enter on the folio of the register for the estate in fee simple all\ninterests on the register affecting the leasehold interest.\n","sortOrder":37},{"sectionNumber":"47","sectionType":"section","heading":"When instruments etc taken to be registered","content":"47 When instruments etc taken to be registered\n(1) A grant lodged for registration is taken to be registered under this Act\nwhen it is marked by the registrar-general with a folio and volume of\nthe register for the land.\n\n(2) A memorandum of transfer or other instrument purporting to transfer\nor otherwise deal with or affect an interest in land is taken to be\nregistered under this Act when a memorial of the instrument is\nentered on the folio of the register for the land.\n(3) The person named in the registered grant or instrument as the person\nowning or taking legal possession of (however described) the land or\ninterest in land is taken to be the registered proprietor of the land or\ninterest when the grant or instrument is registered.\n","sortOrder":38},{"sectionNumber":"47A","sectionType":"section","heading":"Registration of transfers of mortgages, subleases etc","content":"47A Registration of transfers of mortgages, subleases etc\n(1) Notwithstanding anything contained in section 47 a transfer of a\nmortgage or encumbrance or a transfer or mortgage of a lease (other\nthan a Crown lease) or sublease, or a sublease granted by a lessee\nother than a Crown lessee, or by a sublessee or of variation of\nmortgage, shall be deemed and taken to be duly registered when a\nmemorial thereof has been entered in the register on the folio for the\nland.\n(2) Every memorial prepared under this section shall state the nature of\nthe instrument to which it relates and such other particulars as the\nregistrar-general directs, and shall be signed by the registrar-general.\n","sortOrder":39},{"sectionNumber":"47B","sectionType":"section","heading":"Registration of memoranda of provisions","content":"47B Registration of memoranda of provisions\nA memorandum of provisions shall be deemed to be registered when\na memorial of registration is endorsed upon it and signed by the\n","sortOrder":40},{"sectionNumber":"47C","sectionType":"section","heading":"Registration of instruments effecting dutiable transaction","content":"47C Registration of instruments effecting dutiable transaction\n(1) This section applies to an instrument that effects a dutiable\ntransaction, other than the following:\n(a) a declaration of trust over dutiable property;\n(b) a cancelled agreement for the sale or transfer of dutiable\nproperty;\n\n(c) a grant of a commercial lease with premium.\n(2) The transferee must lodge the instrument with the registrar-general\nfor registration.\nNote The registrar-general must register an instrument lodged in registrable\nform (see s 48 (1)).\n(3) If the instrument is an agreement for the transfer of dutiable property\nin conformity with the agreement, it must be lodged with the\nregistrar-general within 14 days after the day the agreement is\ncompleted, or any longer time determined by the commissioner.\n(4) A determination is a notifiable instrument.\ncommercial lease with premium—see the Duties Act 1999,\nsection 6A.\ndutiable property—see the Duties Act 1999, section 10.\ndutiable transaction—see the Duties Act 1999, section 7 (2).\ntransfer—see the Duties Act 1999, dictionary.\n","sortOrder":41},{"sectionNumber":"48","sectionType":"section","heading":"Instruments—registration and priority","content":"48 Instruments—registration and priority\n(1) The registrar-general shall register an instrument lodged in registrable\nform.\n(2) The registrar-general may require a specified class of instruments to\nbe lodged in duplicate.\n(3) An instrument lodged, other than—\n(a) an order of the court; or\n(b) a grant; or\n(c) a memorandum of provisions; or\n\n(d) a notice of determination or memorandum of discharge under\nthe Rates and Land Rent (Relief) Act 1970;\nshall be attested by a witness.\n(4) Subject to subsection (5), instruments lodged for registration shall be\nregistered in the order of time in which they are lodged in registrable\nform.\n(5) Where a person lodges 2 or more instruments that affect the same land\nimmediately one after the other, the registrar-general may register the\ninstruments in the order that will give effect to the intentions of the\nparties as expressed in, or apparent from, those instruments.\n(6) Where 2 or more instruments are registered in respect of, or affecting,\nthe same interest in land, the instruments shall, notwithstanding any\nexpress, implied or constructive notice, have priority according to the\ndate and time of registration.\n(7) When an instrument is registered, the registrar-general shall enter a\nrecord of that instrument in the register.\n(8) On registration, an instrument, other than a memorandum of\nprovisions or a caveat, shall be taken to be part of the register and\nshall have the effect of a deed duly executed by the parties.\n(9) In this section:\ninstrument includes a caveat.\n","sortOrder":42},{"sectionNumber":"48A","sectionType":"section","heading":"Refusal to accept instruments for lodgment","content":"48A Refusal to accept instruments for lodgment\nThe registrar-general may refuse to accept an instrument for\nregistration if it is not in registrable form.\n\n","sortOrder":43},{"sectionNumber":"48B","sectionType":"section","heading":"Lodgment of instruments—registrable form","content":"48B Lodgment of instruments—registrable form\n(1) The registrar-general shall not register any instrument purporting to\ntransfer or otherwise deal with or affect any interest in land except—\n(a) as required or permitted by a Territory or Commonwealth law;\nand\n(b) in the manner provided by this Act.\n(2) Where an instrument is lodged that is not in registrable form, the\n(a) refuse to register it and require—\n(i) 1 or more of the parties to the instrument to—\n(A) alter or correct the instrument; or\n(B) provide a stated document under section 14 (1) (a); or\n(ii) for an instrument lodged under section 48BA or\nsection 48BB—the legal practitioner or mortgagee\ncorporation to—\n(A) alter or correct the instrument; or\n(B) provide certification under section 48BA or\nsection 48BB in appropriate form; or\n(C) provide a stated document under section 14 (1) (c) or\nsection 48BH (2); or\n(b) reject it.\nregistration—see section 48BA (5).\n\n48BA Lodgment of instruments by legal practitioners—\ncertification\n(1) This section applies if a legal practitioner lodges an instrument\npurporting to transfer or otherwise deal with or affect an interest in\nland with the registrar-general for registration on behalf of a party to\nthe instrument.\n(2) The registrar-general must not register the instrument unless, for each\nperson who is a party to the instrument, the legal practitioner for the\nperson certifies in the appropriate form—\n(a) that the person has authorised the legal practitioner under a\nclient authorisation to lodge the instrument and do all other\nthings necessary to ensure the instrument is registered; and\n(b) that the legal practitioner has verified the person’s identity in\naccordance with the verification of identity rules as in force at\nthe time of verification; and\n(c) that the legal practitioner has verified the person’s authority to\ndeal with the land under the instrument in accordance with the\nverification of authority rules as in force at the time of\nverification; and\n(d) that any document relevant to certification under this section\nthat is required to be kept by the legal practitioner under this Act\nand, if relevant, the E-Conveyancing Law, has been kept; and\n(e) that the legal practitioner has complied with any other\nrequirement in relation to the instrument under this Act and, if\nrelevant, the E-Conveyancing Law; and\n(f) that the legal practitioner has complied with any requirement\n(3) Certification under subsection (2) may only be provided by a legal\npractitioner who has personal knowledge of the matter the legal\npractitioner is certifying.\n\n(4) The registrar-general may exempt a legal practitioner, or an\ninstrument prescribed by regulation, from a certification requirement\nunder subsection (2).\nregistration, means—\n(a) for an instrument lodged electronically under the\nE-Conveyancing Law—certification that complies with the\nparticipation rules; or\n(b) in any other case—the form required by the registrar-general.\nclient authorisation means—\n(a) for an instrument lodged electronically under the\nE-Conveyancing Law—see the E-Conveyancing Law,\nsection 10; or\n(b) in any other case—an authorisation in a form required by the\nparticipation rules—see the E-Conveyancing Law, section 23.\nparty, to an instrument, includes a person acting on behalf of another\nperson (under a power of attorney or otherwise) but does not include\na legal practitioner acting under a client authorisation.\n48BB Lodgment of instruments by mortgagee corporations—\ncertification\n(1) This section applies if a mortgagee corporation lodges a mortgage or\nother instrument purporting to deal with or affect an interest in land\nwith the registrar-general for registration.\nNote 1 Section 48BA applies to a mortgagee represented by a legal practitioner.\nNote 2 Section 48BC applies to a mortgagee who is not a corporation and not\nrepresented by a legal practitioner.\n\n(2) The registrar-general must not register the instrument unless the\nmortgagee certifies in the appropriate form—\n(a) that the mortgagee has verified the mortgagor’s identity in\naccordance with the verification of identity rules as in force at\nthe time of verification; and\n(b) that the mortgagee has verified the mortgagor’s authority to deal\nwith the land under the instrument in accordance with the\nverification of authority rules as in force at the time of\nverification; and\n(c) that any document relevant to certification under this section\nthat is required to be kept by the mortgagee under this Act and,\nif relevant, the E-Conveyancing Law, has been kept; and\n(d) that the mortgagee has complied with any other requirement in\nrelation to the instrument under this Act and, if relevant, the\n(e) that the mortgagee has complied with any requirement\n(3) Certification under subsection (2) may only be provided by an\nemployee of the mortgagee corporation who has personal knowledge\nof the matter the employee is certifying.\n(4) The registrar-general may exempt a mortgagee corporation, or an\ninstrument prescribed by regulation, from a certification requirement\nunder subsection (2).\nregistration—see section 48BA (5).\nparticipation rules—see the E-Conveyancing Law, section 23.\n\n48BC Lodgment of instruments by self-represented parties—\nverification of identity and authority\n(1) This section applies if a party to an instrument purporting to transfer\nor otherwise deal with or affect an interest in land lodges the\ninstrument, in person, with the registrar-general.\n(2) The registrar-general must not register the instrument unless the\nregistrar-general—\n(a) is reasonably satisfied that the party’s identity has been verified\nin accordance with the verification of identity rules as in force\nat the time of verification; and\n(b) has verified the party’s authority to deal with the land under the\ninstrument in accordance with the verification of authority rules\nas in force at the time of verification.\nparty, to an instrument—see section 48BA (5).\n48BD Signature and witnessing requirements—legal\npractitioners and mortgagee corporations\n(a) an instrument is lodged by a legal practitioner or mortgagee\ncorporation under section 48BA or section 48BB; and\n(b) the instrument is not lodged electronically under the\n(c) the legal practitioner or mortgagee corporation provides\ncertification in relation to the instrument under section 48BA or\nsection 48BB.\nNote The E-Conveyancing Law, pt 2, div 1 contains similar provisions for\ninstruments lodged electronically.\n(2) Any requirement under this Act for the instrument to be executed,\nsigned, witnessed, attested or sealed is taken to have been satisfied.\n\n48BE Verification of identity rules\n(1) The registrar-general may make rules (the verification of identity\nrules) about—\n(a) how a person must be identified for section 48BA (2) (b),\nsection 48BB (2) (a) and section 48BC (2) (a); and\n(b) what documents must be kept for the purpose of verifying\nthe person’s identity under section 48BA (2) (d) and\nsection 48BB (2) (c); and\n(c) how long the documents must be kept; and\n(d) any other relevant matter.\n(2) A rule is a disallowable instrument.\n48BF Verification of authority rules\n(1) The registrar-general may make rules (the verification of authority\nrules) about—\n(a) how a person’s authority to deal with land under an instrument\nis verified for section 48BA (2) (c), section 48BB (2) (b) and\nsection 48BC (2) (b); and\n(b) what documents must be kept for the purpose of verifying the\nperson’s authority under section 48BA (2) (d) and\nsection 48BB (2) (c); and\n(c) how long the documents must be kept; and\n(d) any other relevant matter.\n(2) A rule is a disallowable instrument.\n\n48BG Compliance audits—lodgments by legal practitioners and\nmortgagee corporations\n(a) an instrument is lodged by a legal practitioner or mortgagee\ncorporation; and\n(b) the instrument is not lodged electronically under the\n(c) the legal practitioner or mortgagee corporation provides\ncertification in relation to the instrument under section 48BA or\nsection 48BB.\nNote The registrar-general has a similar power to this provision for an\ninstrument lodged electronically under the E-Conveyancing Law (see the\nLaw, s 33 and s 34).\n(2) The registrar-general may, at any time, give the legal practitioner or\nmortgagee corporation a written request to provide stated information\nabout—\n(a) the accuracy of the matters certified by the legal practitioner or\nmortgagee corporation under section 48BA (2) or\nsection 48BB (2) in relation to the instrument; or\n(b) whether section 48BA or section 48BB have otherwise been\ncomplied with by the legal practitioner or mortgagee corporation\nin relation to the certification for the instrument.\n(3) The request must state a reasonable period for the information to be\nprovided.\n(4) The legal practitioner or mortgagee corporation must provide the\ninformation in accordance with the request.\n\n48BH Non-compliance—registrar-general may require\nadditional documents\n(a) a legal practitioner or mortgagee corporation has not complied\nwith a request under section 48BG; or\n(b) the registrar-general is reasonably satisfied in relation to an\ninstrument lodged by a legal practitioner or mortgagee\ncorporation that—\n(i) the matters certified by the legal practitioner or mortgagee\ncorporation under section 48BA (2) or section 48BB (2) in\nrelation to the instrument are not accurate; or\n(ii) the legal practitioner or mortgagee corporation has not\notherwise complied with section 48BA or section 48BB in\nrelation to the certification for the instrument; or\n(c) a legal practitioner’s or mortgagee corporation’s authorisation\nto use an electronic lodging network under the E-Conveyancing\nLaw or a corresponding law is restricted, suspended or\nterminated for non-compliance with that law.\n(2) The registrar-general may, after giving the legal practitioner or\nmortgagee corporation at least 14 days written notice (the notice\nperiod), require the legal practitioner or mortgagee corporation to\nprovide stated compliance assurance documents for stated\ninstruments lodged by the legal practitioner or mortgagee corporation\nfrom the day the notice period ends until—\n(a) the end date stated in the notice; or\n\n(b) a stated event happens.\nExample—event\nIf a legal practitioner or mortgagee corporation is suspended from using an\nelectronic lodging network for non-compliance—the suspension ends.\nNote The instrument is not in registrable form if a document required under\ns (2) is not provided (see s 4 (e)).\n(3) Subsection (2) does not apply to an instrument lodged electronically\nunder the E-Conveyancing Law.\ncompliance assurance document, for an instrument lodged for\nregistration, means a document relevant to certification under\nsection 48BA or section 48BB for the instrument.\nExamples\n1 a client authorisation\n2 a copy of a document used to verify a client’s identity or authority\n3 for a transfer of land—a copy of the contract of sale for the land\n4 for a mortgage—a copy of the loan agreement\ncorresponding law—see the E-Conveyancing Law, section 3.\n48BI Power to refer to appropriate authority\n(1) This section applies if the registrar-general—\n(a) receives a complaint from a person in relation to a legal\npractitioner or mortgagee corporation indicating that—\n(i) the matters certified by the legal practitioner or mortgagee\ncorporation under section 48BA (2) or section 48BB (2) in\nrelation to an instrument are not accurate; or\n(ii) the legal practitioner or mortgagee corporation has not\notherwise complied with section 48BA or section 48BB in\nrelation to the certification for an instrument; or\n\n(b) reasonably suspects a circumstance mentioned in paragraph (a)\napplies to a legal practitioner or mortgagee corporation.\n(2) The registrar-general may, instead of or in addition to, taking action\nunder section 48BH refer the matter to an appropriate authority.\n(3) If the registrar-general refers a matter under subsection (2), the\nregistrar-general may give the appropriate authority any information\nheld by the registrar-general that is reasonably relevant to the matter.\nappropriate authority—see the E-Conveyancing Law, section 35 (1).\nNote Appropriate authority includes a law enforcement agency, a regulatory\nbody or professional disciplinary body.\n","sortOrder":44},{"sectionNumber":"48C","sectionType":"section","heading":"Correction of errors prior to registration","content":"48C Correction of errors prior to registration\nWhere an instrument containing a patent error is lodged, the\nregistrar-general may correct the error by marginal notation on the\ninstrument and the instrument as so corrected shall be as valid and\neffectual as if the error had not been made.\n","sortOrder":45},{"sectionNumber":"51","sectionType":"section","heading":"Instruments not to be registered","content":"51 Instruments not to be registered\n(1) The registrar-general shall not register—\n(a) an instrument executed on or after 1 July 1969 and before\n1 August 1987, being an instrument included in a class of\nDuty Act 1969 (Cwlth), schedule 1, item 4, 5, 6 or 7; or\n(b) an instrument executed on or after 1 January 1986 and before\n1 September 1987 being an instrument included in a class of\nDuty Act 1969 (Cwlth), schedule 1, item 9; or\n\n(c) an instrument executed on or after 1 January 1987 and before\n1 August 1987, being an instrument included in a class of\nDuty Act 1969 (Cwlth), schedule 1, item 6A;\n(d) the instrument is duly stamped within the meaning of the\nAustralian Capital Territory Taxation (Administration)\nAct 1969 (Cwlth); or\n(e) the instrument bears a stamp impressed on it under that Act to\nthe effect that no stamp duty is payable; or\n(f) the instrument, being a counterpart of another instrument that\nhas been so duly stamped, bears a stamp impressed on it under\nthat Act to that effect.\n(2) The registrar-general shall not register an instrument executed on or\nafter 1 August 1987 and before 1 March 1999, being an instrument of\na kind referred to in the Stamp Duties and Taxes Act 1987 (repealed),\nsection 17 (1) (a), (b), (ca), (c) or (d), unless the instrument has been\nduly stamped within the meaning of that Act.\n","sortOrder":46},{"sectionNumber":"52","sectionType":"section","heading":"Issue of new certificate of title after change in register","content":"52 Issue of new certificate of title after change in register\n(1) If an interest in land is registered, the registrar-general must give the\nparty that lodged the relevant instrument for registration a certificate\nof title showing the interest.\n(2) The registrar-general must keep—\n(a) each registered instrument; and\n(b) any document lodged with the instrument.\ninstrument includes a caveat, grant or Crown lease.\n\n","sortOrder":47},{"sectionNumber":"53","sectionType":"section","heading":"Evidence as to title","content":"53 Evidence as to title\n(1) The register is conclusive evidence—\n(a) as to the interests held in land under the Act; and\n(b) that the registered proprietor of each such interest is entitled to\nthat interest.\n(2) A certified copy of a part of the register, furnished under section 65\nand signed and sealed by the registrar-general, is conclusive evidence\nof the matters stated in the certified copy, as at the date on which the\ncertified copy was furnished.\n(3) A certificate of title signed and sealed by the registrar-general is\nevidence of the matters stated in the certificate.\n(4) If the register contains a statement to the effect that the person named\ntherein is entitled to any easement therein specified, the statement\nshall be conclusive evidence that he or she is so entitled.\n(5) If the register contains the words ‘Together with a right of\ncarriageway over the road delineated and coloured brown on the said\nmap’ or words to the like effect, those words shall have the same\neffect as if the words contained in schedule 1 had been in their stead.\n","sortOrder":48},{"sectionNumber":"54","sectionType":"section","heading":"Joint tenants and tenants in common","content":"54 Joint tenants and tenants in common\n(1) A transfer to 2 or more persons shall not be registered unless those\npersons are expressed to be either joint tenants or tenants in common.\n(2) Where 2 or more persons listed in the register as joint proprietors, but\nnot as tenants in common, they shall be taken to be registered as joint\ntenants.\n(3) The share of a person registered as a tenant in common must be\nincluded on the register.\n\n","sortOrder":49},{"sectionNumber":"55","sectionType":"section","heading":"Survivor of joint tenants","content":"55 Survivor of joint tenants\nIn any of the following cases, that is to say:\n(c) upon the death of any person registered together with any other\nperson as joint tenant of the same interest in any land; or\n(d) when the life estate in respect of which an interest in land has\nbeen registered has determined, and the estate next registered in\nremainder or reversion has become vested in possession or the\nperson whose interest in land has been registered or a purchaser\nhas become entitled to the land for an estate in fee simple in\npossession;\nthe registrar-general may, upon the application of the person entitled\nand proof to his or her satisfaction of any such occurrence as\nmentioned in this section, register that person as proprietor of the\ninterest in manner prescribed by this Act for the registration of a like\ninterest upon a transfer or transmission.\n","sortOrder":50},{"sectionNumber":"56","sectionType":"section","heading":"Remainderperson or reversioner may be registered as","content":"56 Remainderperson or reversioner may be registered as\nsuch\nWhenever an interest has been registered in respect of a life estate in\nany land, any person entitled in reversion or remainder to the land\nmay apply to be registered as so entitled, and the registrar-general\nshall cause the title of the applicant to be investigated, and thereafter,\nupon consideration of the case, may, unless otherwise directed by the\ncourt, either reject the application altogether or direct that the\napplicant be registered forthwith or be so registered unless a caveat is\nlodged after the notice or advertisement and within such period as he\nor she thinks fit.\n\n","sortOrder":51},{"sectionNumber":"58","sectionType":"section","heading":"Estate of registered proprietor paramount","content":"58 Estate of registered proprietor paramount\n(1) Notwithstanding the existence in any other person of any interest,\nwhether derived by grant from the Crown or otherwise, which but for\nthis Act might be held to be paramount or to have priority, a person\nbecoming registered as proprietor of land or of any interest in land\nunder this Act shall, except in case of fraud, hold the land or interest,\nsubject to such interests as are notified on the folio of the register for\nthe land, but absolutely free from all other interests whatsoever except\nas to—\n(a) the interest of a proprietor claiming the same land under a prior\nentry in the register; and\n(b) any right of way or other easement created in or existing upon\nthe same land which is not described, or is misdescribed in the\nregister; and\n(c) any portion of land that may by wrong description of parcels or\nof boundaries be included in the register as land or an interest\nheld by the registered proprietor, not being a purchaser or\nmortgagee thereof for value, or deriving from or through a\npurchaser or mortgagee thereof for value; and\n(d) any prior tenancy for a term not exceeding 3 years; and\n(e) any leases, licences or other authorities granted by the Territory\nand in respect of which no provision for registration is made;\nand\n(f) any unpaid duty, rates, taxes or other moneys which are\nexpressly declared by any Act or law to be a charge upon land.\n(2) The land which is included in the register is taken to be subject to the\nreservations, exceptions, conditions and powers (if any) contained in\nthe grant thereof.\n\n","sortOrder":52},{"sectionNumber":"59","sectionType":"section","heading":"Purchaser from registered proprietor not to be affected","content":"59 Purchaser from registered proprietor not to be affected\nby notice\nExcept in the case of fraud no person contracting or dealing with or\ntaking or proposing to take a transfer from the registered proprietor\nof any registered interest shall be required or in any manner\nconcerned to inquire or ascertain the circumstances in or the\nconsideration for which the registered proprietor or any previous\nregistered proprietor of the interest in question is or was registered or\nto see to the application of the purchase money or any part thereof, or\nshall be affected by notice, direct or constructive, of any trust or\nunregistered interest, any rule of law or equity to the contrary\nnotwithstanding; and the knowledge that any such trust or\nunregistered interest is in existence shall not of itself be imputed as\nfraud.\n","sortOrder":53},{"sectionNumber":"60","sectionType":"section","heading":"Protection as to notice of transferee before registration","content":"60 Protection as to notice of transferee before registration\n(1) For the purposes of determining whether a person has notice of a prior\ninterest in land under this Act, the interest taken by the person under\na dealing that—\n(a) is registrable under this Act; or\n(b) will, when signed by or on behalf of the person, be registrable\nunder this Act;\nshall, before registration of that dealing, be deemed to be a legal\nestate.\n(2) No person contracting or dealing in respect of an interest in land under\nthis Act shall be affected by notice of any instrument, fact, or thing\nmerely by omission to search in a register not kept under this Act.\n\n","sortOrder":54},{"sectionNumber":"64","sectionType":"section","heading":"Registrar-general may require map to be deposited","content":"64 Registrar-general may require map to be deposited\n(1) The registrar-general may require the proprietor applying to have any\nland brought under this Act, or desiring to transfer or otherwise to\ndeal with the land or any portion thereof, to deposit at the office of\nthe registrar-general a map or plan of the land, certified by a\nregistered surveyor.\n(2) If the proprietor neglects or refuses to comply with the requirement\nas to the deposit of a map or plan or, if the map or plan deposited by\nthe registered proprietor is not approved by the surveyor-general, or\nan officer appointed by him or her in that behalf, it shall not be\nincumbent on the registrar-general to proceed with the bringing of the\nland under this Act or with the registration of the transfer or lease.\n","sortOrder":55},{"sectionNumber":"65","sectionType":"section","heading":"Certified copies of register","content":"65 Certified copies of register\nOn application, the registrar-general must give the applicant a\ncertified copy of any part of the register.\n","sortOrder":56},{"sectionNumber":"66","sectionType":"section","heading":"Searches","content":"66 Searches\n(1) A person shall have access to the register for the purpose of inspection\nduring office hours, or such other hours as the registrar-general from\ntime to time determines.\n(2) The registrar-general may provide access of the kind referred to in\nsubsection (1) by way of certificate, visual display unit, computer\nprint-out, microfiche reader or any other means.\n(3) In subsection (2):\ncomputer print-out means a document that—\n(a) is—\n(i) a record of; or\n(ii) an extract from; or\n\n(iii) derived from;\ninformation stored in, or processed by, a computer; or\n(b) is produced by a computer, or a series or combination of\ncomputers, directly or (with or without human intervention)\nwith the aid of other equipment.\n","sortOrder":57},{"sectionNumber":"67","sectionType":"section","heading":"Issue of uncertified copies","content":"67 Issue of uncertified copies\nThe registrar-general may provide an uncertified copy of any part of\nthe register or of any information contained in the register.\n","sortOrder":58},{"sectionNumber":"68","sectionType":"section","heading":"Registrar-general may register as proprietor person","content":"68 Registrar-general may register as proprietor person\nentitled to land by operation of statute or by defeasance\nof estate\n(1) Whenever—\n(a) by the operation of any law or Act either directly or by reason\nof anything done under it; or\n(b) by the defeasance of any estate of any person registered as\nproprietor under this Act;\nany land under this Act has become or becomes vested in some person\nother than the registered proprietor either alone or jointly or in\ncommon with the registered proprietor, or some such person has\nbecome or becomes entitled to have any such land so vested, or the\nsite or any part of the site of any closed road whether belonging to the\nCommonwealth or to any person has become or becomes vested in\nthe person registered as proprietor under this Act of adjoining land,\nthe registrar-general may, at the written request of a person in whom\nthere has been such a vesting or who has become so entitled, on such\nevidence as appears to the registrar-general to be sufficient, and after\nsuch notice (if any) to such person as the registrar-general deems\nproper, register the person in whom any such land or site or part\nthereof is vested or who has become so entitled, as the proprietor of\nthe estate therein as is appropriate, and for that purpose may make\n\nevery such entry, cancellation and correction in the register as appears\nto the registrar-general to be necessary or proper.\n(2) This section does not apply to a case for which express provision is\nmade by this Act or any other law.\n","sortOrder":59},{"sectionNumber":"69","sectionType":"section","heading":"Statute of limitations not to run against land under Act","content":"69 Statute of limitations not to run against land under Act\nNo title to land adverse to or in derogation of the title of the registered\nproprietor shall be acquired by any length of possession by virtue of\nany statute of limitations relating to real estate, nor shall the title of\nany such registered proprietor be extinguished by the operation of any\nsuch statute.\n\nRecord of administrative interests Part 8A\n","sortOrder":60},{"sectionNumber":"Part 8A","sectionType":"part","heading":"Record of administrative","content":"Part 8A Record of administrative\ninterests\n","sortOrder":61},{"sectionNumber":"69A","sectionType":"section","heading":"Meaning of administrative interest—Act","content":"69A Meaning of administrative interest—Act\nIn this Act:\nadministrative interest, in relation to a parcel of land—\n(a) means a decision under a law in force in the Territory by an\nauthorised entity in relation to the use of land that may affect a\ndecision of a person proposing to deal with land, whether or not\nthe land is the parcel affected or another parcel; and\n(b) if an authorised entity may or must give notice to the\nregistrar-general of the happening of a thing that relates to the\nuse of the land and may affect a decision of a person proposing\nto deal with land, whether or not the land is the parcel affected\nor another parcel—includes the happening of the thing; and\n(c) if the land is affected residential premises within the meaning of\nthe Dangerous Substances Act 2004, section 47I—includes the\nfollowing:\n(i) whether the premises have been included in the affected\nresidential premises register under the Dangerous\nSubstances Act 2004, section 47P, and, if so, that—\n(A) any transfer or transmission of the premises will place\nan occupancy prohibition on the premises; and\n(B) the premises may be acquired by the Territory under\nthe Lands Acquisition Act 1994;\n(ii) whether the premises have been removed from the affected\nresidential premises register under the Dangerous\nSubstances Act 2004, section 47P;\n\n(iii) whether there is an occupancy prohibition for the premises\nunder the Dangerous Substances Act 2004, section 47S;\nbut\n(d) does not include an interest in land registrable under another part\nof this Act.\nExamples—administrative interests\n1 a development approval under the Planning Act 2023 for the use of land\n2 if notice of a development approval for the use of land was given to the\nregistrar-general under the Planning Act 2023—the ending, by surrender, of\nthe development approval\n3 the effect of the Planning Act 2023, s 307 (1) (a) (ii) on the assignment,\ntransfer, subletting etc of a community lease\n","sortOrder":62},{"sectionNumber":"69B","sectionType":"section","heading":"Meaning of authorised entity—pt 8A","content":"69B Meaning of authorised entity—pt 8A\nIn this part:\nauthorised entity means any of the following:\n(a) the registrar-general;\n(b) the Territory;\n(c) a territory authority;\n(d) an entity prescribed by regulation;\n(e) an employee of an entity mentioned in paragraph (a), (b), (c)\nor (d).\n","sortOrder":63},{"sectionNumber":"69C","sectionType":"section","heading":"Record of administrative interests","content":"69C Record of administrative interests\n(1) This section applies if the registrar-general keeps a record of\nadministrative interests on the register.\n(2) The registrar-general may include, in the record, the following\ninformation about an administrative interest that is a decision:\n(a) the date of the decision;\n\nRecord of administrative interests Part 8A\n(b) the particulars of the decision;\n(c) the law under which the decision was made.\n(3) The registrar-general may include in the record any relevant\ninformation about an administrative interest mentioned in\nsection 69A (c) that the registrar-general considers necessary to\ndescribe the interest.\n(4) If the registrar-general includes in the record information about an\nadministrative interest mentioned in section 69A (c), the\nregistrar-general must notify the Minister responsible for the\nDangerous Substances Act 2004 about the inclusion.\n(5) The registrar-general may include, in the record, the following\ninformation about a parcel of land to which an administrative interest\nrelates:\n(a) if the parcel is leased—the name of the lessee;\n(b) the block and section;\n(c) the address of the parcel;\n(d) any other information the registrar-general considers necessary\nin relation to the parcel.\n(6) However, if the registrar-general includes information mentioned in\nsubsection (5) in relation to the parcel of land, the information must\nnot include information other than information already available on\nthe register in relation to the parcel.\n","sortOrder":64},{"sectionNumber":"69D","sectionType":"section","heading":"Protection from liability—administrative interests","content":"69D Protection from liability—administrative interests\n(1) This section applies if the registrar-general takes reasonable steps to\nbring the effect of subsection (2) to the attention of people given\naccess to the record of administrative interests in accordance with\nsection 66 (Searches).\n(2) Neither the registrar-general nor an authorised entity incurs liability\nfor any omission, misstatement or inaccuracy in the information.\n\n(3) A regulation may prescribe what are reasonable steps for\nsubsection (1).\n\nCrown leases Part 9\n","sortOrder":65},{"sectionNumber":"70","sectionType":"section","heading":"Registration of Crown leases","content":"70 Registration of Crown leases\n(1) The registrar-general shall register in the register every Crown lease\nfor a term of not less than 12 months granted by or in the name of the\nCommonwealth by entering the lease in a folio of the register.\n(2) The registrar-general may register in the register a Crown lease for a\nterm of less than 12 months, being a Crown lease granted by or in the\nname of the Commonwealth after the date of commencement of the\nReal Property (Amendment) Act (No. 3) 1986, by entering the lease\nin a folio of the register.\n","sortOrder":66},{"sectionNumber":"71","sectionType":"section","heading":"Dealings with Crown leases","content":"71 Dealings with Crown leases\n(1) Every Crown lease, upon registration, shall be subject to this Act, and\n(subject to the Act under which the Crown lease was granted and to\nthe Crown lease) may be transferred, mortgaged and dealt with for\nthe same purposes, and in like manner, as if it had been granted by a\nproprietor of land under this Act and registered in the register.\n(2) Any entries which, in the case of a lease granted by a proprietor of\nland under this Act, would require to be made in the register shall, in\nthe case of a registered Crown lease, be made in the register on the\nfolio constituted by the Crown lease.\n","sortOrder":67},{"sectionNumber":"72A","sectionType":"section","heading":"Registration of variations","content":"72A Registration of variations\n(1) If the territory planning authority has executed a variation of a Crown\nlease under the Planning Act 2023, the authority must lodge a copy\nof the variation with the registrar-general.\n(2) On receipt of a copy of a variation under subsection (1), the\nregistrar-general shall endorse on the folio of the register for the land\nunder the Crown lease a memorial in accordance with this Act.\n\n(3) The variation takes effect when the registrar-general endorses on the\nfolio of the register for the land under the Crown lease the memorial\nmentioned in subsection (2).\n72AB Registration etc of orders under Planning Act 2023\n(1) This section applies if the registrar-general receives a notice under\neither of the following provisions of the Planning Act 2023 about an\norder under that Act that appears to affect a Crown lease:\n(a) section 430 (Notice of making of controlled activity orders);\n(b) section 435 (Notice ending controlled activity orders).\n(2) The registrar-general must endorse on the folio of the register for the\nland under the Crown lease a memorial in accordance with this Act\nabout the making or ending of the order.\n","sortOrder":68},{"sectionNumber":"72B","sectionType":"section","heading":"Dealing with land before grant or registration of Crown","content":"72B Dealing with land before grant or registration of Crown\n(1) An instrument signed by a person to whom a Crown lease of land is\nor has been granted, or signed by a person claiming through or under\nsuch a person, and purporting to pass such an interest in the land as\nmay be registered under this Act shall be deemed to confer on the\nperson intended to take the interest in the land under the instrument,\nand on any other person claiming through or under the person\nintended to take that interest, the right, upon the registration of the\nCrown lease under this Act, to have the instrument registered under\nthis Act.\n(2) The right conferred by subsection (1) to have an instrument registered\nis conferred notwithstanding that the Crown lease had not been\ngranted or registered when the instrument was signed, but is\notherwise conferred subject to this Act.\n\nCrown leases Part 9\n","sortOrder":69},{"sectionNumber":"72C","sectionType":"section","heading":"Memorial of compliance with building and development","content":"72C Memorial of compliance with building and development\nprovision in lease\n(a) a Crown lease is registered under this Act; and\n(b) a building and development provision of the lease has been fully\ncomplied with and the lessee has applied, under the Planning\nAct 2023, section 368 (1) for a certificate of compliance; and\n(c) the registrar-general is satisfied that the territory planning\nauthority has issued a certificate of compliance under the\nPlanning Act 2023, section 368 in relation to the lease.\n(2) The registrar-general may enter in the register a memorial to the effect\nthat the building was completed in accordance with the building and\ndevelopment provision of the lease.\n(3) A memorial under subsection (2) is, for the Planning Act 2023,\nsection 368, conclusive evidence of the matter in relation to which the\nregistrar-general has stated in the memorial that the registrar is\nsatisfied.\nbuilding and development provision, in relation to a lease—see the\nPlanning Act 2023, section 256.\n","sortOrder":70},{"sectionNumber":"72D","sectionType":"section","heading":"Memorial of application of certain provisions etc under","content":"72D Memorial of application of certain provisions etc under\nPlanning Act 2023\n(1) If the territory planning authority tells the registrar-general that any\nof the following provisions or things under the Planning Act 2023\napply to a lease, the registrar-general must enter in the register a\nmemorial to that effect:\n(a) section 280 (Restriction on transfer, assignment and parting with\npossession);\n\n(b) section 282 (Restriction on transfer, assignment and parting with\npossession—certain University of NSW leases);\n(c) a declaration under section 366 (Declared leases).\n(2) The registrar-general must enter in the register—\n(a) for a declared land sublease—a memorial that it is a declared\nland sublease under the Planning Act 2023, section 365 (1); and\n(b) for a lease of a unit or common property under a units plan that\nsubdivides land under a declared land sublease—a memorial\nthat the lease is over land under a declared land sublease; and\n(c) for land under a scheme under the Community Title Act 2001\nthat subdivides land under a declared land sublease—\na memorial that the land is land under a declared land sublease.\n\nTransfers Division 10.1\n","sortOrder":71},{"sectionNumber":"73","sectionType":"section","heading":"Memorandum of transfer","content":"73 Memorandum of transfer\n(1) An interest in land under this Act may be transferred by registration\nof a memorandum of transfer.\n(2) The registrar-general must not register a memorandum of transfer\n(a) if the transfer is lodged by—\n(i) a legal practitioner on behalf of a party—the legal\npractitioner provides the certification under section 48BA;\nor\n(ii) a mortgagee corporation—the mortgagee corporation\nprovides the certification under section 48BB; or\n(b) in any other case—the transfer has been executed by the\nregistered proprietor of the land and accepted by the transferee\nor the transferee’s legal practitioner on the transferee’s behalf.\nNote The transferee’s identity and authority to transfer the land must also\nbe verified (see s 48BC).\n(3) An acceptance under subsection (2) (b) shall be evidenced—\n(a) in the case of an individual—by his or her signature; or\n(b) in the case of a corporation—in accordance with the\nCorporations Act, section 127 (Execution of documents\n(including deeds) by the company itself).\n","sortOrder":72},{"sectionNumber":"77","sectionType":"section","heading":"Transferee—interests and obligations","content":"77 Transferee—interests and obligations\n(1) On the registration of a transfer, the interest in land described in the\ntransfer, shall pass to the transferee.\n\n(2) In the case of a transfer of a mortgage, encumbrance or lease the\ntransferee shall be subject to and liable for, while he or she remains\nthe registered mortgagee, encumbrancee or lessee, all the obligations\nthat the transferor was subject to, or liable for, before the transfer.\n(3) Where a registered lessee of a Crown lease transfers his or her\ninterest, he or she shall not be liable for any obligation under the lease\naccruing after the registration of the transfer.\n","sortOrder":73},{"sectionNumber":"78","sectionType":"section","heading":"Transfer of mortgage or lease—right to sue","content":"78 Transfer of mortgage or lease—right to sue\nBy virtue of every transfer of a mortgage, encumbrance or lease, the\nright to sue upon the memorandum of mortgage, encumbrance or\nlease, and to recover any debt, sum of money, annuity or damages\nthereunder (notwithstanding that the right may be deemed or held to\nconstitute a chose in action), and all interest in any such debt, sum of\nmoney, annuity or damages shall be transferred so as to vest it in the\ntransferee thereof.\n","sortOrder":74},{"sectionNumber":"79","sectionType":"section","heading":"Proprietor may vest estate jointly in self and others","content":"79 Proprietor may vest estate jointly in self and others\nwithout limiting any use or without reassignment\nThe registered proprietor of any land or of any interest in land, under\nthis Act, whether of the nature of real or personal property, may, by\nany of the forms of instruments of transfer provided by this Act,\nmodified as is necessary, transfer the land or interest, or any part\nthereof, to his or her domestic partner, or the registered proprietor\nmay make the transfer to himself or herself jointly with any other\nperson, or create or execute any powers of appointment, or limit any\nestates whether by remainder or otherwise, without limiting any use\nor without any reassignment being executed; but upon the registration\nof the transfer, the land or interest shall vest in the registered\nproprietor jointly with any other person, or in the person taking under\nthe limitation, or in whose favour any power has been executed, or\notherwise according to the intent and meaning appearing in the\ninstrument and thereby expressed.\nNote For the meaning of domestic partner, see Legislation Act, s 169.\n\n","sortOrder":75},{"sectionNumber":"80","sectionType":"section","heading":"Endorsement when land becomes Crown land","content":"80 Endorsement when land becomes Crown land\nUpon any land under this Act becoming Crown land (whether or not\nheld by the Commonwealth in its capacity as a body corporate\nconferred by the Lands Acquisition Act 1955 (Cwlth), section 61), the\nregistrar-general shall cause a notification to the effect that the land\nhas become vested in the Commonwealth as Crown land, to be made\n","sortOrder":76},{"sectionNumber":"81","sectionType":"section","heading":"Short words for creation of right of way","content":"81 Short words for creation of right of way\nIn any transfer or lease the words—‘Together with a right of\ncarriageway over the road delineated and coloured brown on the said\nmap’, or words to the like effect, shall have the same effect as if the\nwords contained in schedule 1 had been used instead thereof.\n","sortOrder":77},{"sectionNumber":"82","sectionType":"section","heading":"Form of lease","content":"82 Form of lease\n(1) A lease in registrable form for a life or lives or a term that expires on\na date specified in the lease, may be registered under this Act.\n(2) Each registered lease must be identified by the volume and folio of\nthe register and the folio identifier for the land.\n(3) A lease may incorporate by reference, with or without amendment,\nany or all of the provisions contained in a memorandum of provisions.\n(4) Where a lease—\n(a) incorporates by reference provisions contained in a\nmemorandum of provisions; or\n(b) incorporates by reference, with amendment, provisions\ncontained in a memorandum of provisions;\nthose provisions, or those provisions as amended, as the case may be,\nshall be deemed to be set out at length in the lease.\n\n","sortOrder":78},{"sectionNumber":"83","sectionType":"section","heading":"Right of purchase or covenant to purchase may be","content":"83 Right of purchase or covenant to purchase may be\ninserted\n(1) In any lease other than a lease from the Commonwealth a right to\npurchase the fee simple of the land thereby demised may be granted\nto the lessee, or a covenant to purchase the fee simple of the land may\nbe entered into by the lessee.\n(2) The true amount of the purchase money to be paid, the period within\nwhich the right may be exercised or within which the covenant is to\nbe performed, and any other particulars necessary to explain the terms\nof the right or covenant, shall be stated in the lease.\n(3) If the lessee pays the purchase money stipulated and otherwise\nobserves his or her covenants expressed and implied in a registered\nlease, the lessor shall execute a transfer to the lessee of the fee simple,\nand perform all acts required by this Act to be done for the purpose\nof transferring the fee simple of the land.\n","sortOrder":79},{"sectionNumber":"84","sectionType":"section","heading":"Mortgagee etc not bound by lease unless consent given","content":"84 Mortgagee etc not bound by lease unless consent given\nNo lease of land subject to a mortgage or encumbrance shall be valid\nor binding against the mortgagee or encumbrancee unless he or she\nhas consented to the lease before it is registered.\n","sortOrder":80},{"sectionNumber":"85","sectionType":"section","heading":"Certain unregistered leases valid, but not rights of","content":"85 Certain unregistered leases valid, but not rights of\npurchase or renewal under them\n(1) A registered lease is subject to any prior unregistered lease, or\nagreement for a lease, for a term not exceeding 3 years.\n(2) No right or covenant to purchase the freehold or to assign the\nreversionary interest of the lessor contained in any lease or\nagreement, and no right or covenant to or for the renewal of any lease\nor agreement, shall be valid as against any subsequent purchaser of\nthe reversion, lessee, mortgagee or encumbrancee unless the lease or\nagreement is registered.\n\n","sortOrder":81},{"sectionNumber":"86","sectionType":"section","heading":"Surrender of lease","content":"86 Surrender of lease\n(1) Where any registered lease is intended to be surrendered and the\nsurrender is effected otherwise than through the operation of a\nsurrender in law or than under any law for the time being in force\nrelating to insolvent or bankrupt estates, there may be endorsed upon\nthe lease or on the counterpart thereof the word ‘Surrendered’ with\nthe date of the surrender or a memorandum of surrender may be\nexecuted.\n(2) The endorsement or memorandum of surrender shall be signed by the\nlessee and by the lessor as evidence of the acceptance of the\nsurrender, and shall be attested by a witness.\n(3) Where the Commonwealth is the lessor, the endorsement or\nmemorandum of surrender may be signed—\n(a) in the case of national land—by the Commonwealth Minister for\nthe time being administering the National Land Ordinance\n1989; and\n(b) in the case of Territory land—by the Minister for the time being\nadministering the Acts relating to the leasing of Crown land in\nthe ACT;\nand that signature shall constitute and be evidence of the acceptance\nby the Commonwealth of the surrender.\n(4) If an owners corporation surrenders the lease on behalf of a lessee\nunder the Unit Titles Act 2001, section 167A, the endorsement or\nmemorandum of surrender must be—\n(a) signed by the owners corporation; and\n\n(b) accompanied by evidence of the resolution of the owners\ncorporation mentioned in the Unit Titles Act 2001,\nsection 167A (2) (c).\n(5) Subject to this section, the registrar-general shall, upon production to\nhim or her of—\n(a) the lease or counterpart endorsed in accordance with this\nsection; or\n(b) a memorandum of surrender executed in accordance with this\nsection;\nenter in the register a memorial recording the date of the surrender.\n(6) Upon the making of the entry required by subsection (5) the interest\nof the lessee in the land shall revest in the lessor or in the person in\nwhom, having regard to intervening circumstances (if any), the land\nwould have vested if the lease had not been executed.\n(7) No lease subject to a registered mortgage or encumbrance shall be\nsurrendered without the consent of the mortgagee or encumbrancee.\n(8) Where a lease subject to a registered mortgage is intended to be\nsurrendered with a view to the acceptance of a new lease in its place,\nthe registrar-general shall not enter in the register a memorial of the\nsurrender unless he or she is satisfied, on reasonable grounds—\n(a) that the mortgage has been discharged; or\n(b) that—\n(i) the mortgagee consents to the continuation of the mortgage\nunder section 91B; and\n(ii) the priority of the mortgage relative to each other mortgage\n(if any) continuing in force under section 91B, can be\nclearly defined; and\n(iii) the land comprised in the new lease includes all or part of\nthe land comprised in the lease to be surrendered.\n\n(9) Where a lease out of which any registered sublease is derived is\nintended to be surrendered with a view to the acceptance of a new\nlease in place thereof, the endorsement to be made upon the lease or\nthe counterpart thereof shall be the words ‘Surrendered with a view\nto the acceptance of a new lease’, with the date of the surrender or, if\na memorandum of surrender is executed, the memorandum shall\ninclude the words ‘This surrender is with a view to the acceptance of\na new lease’.\n(10) Upon production to him or her of the endorsement or memorandum\nof surrender, the registrar-general shall not make any entry in the\nregister until there is presented for registration a new lease from the\nsame lessor to the same lessee of the whole or part of the land\ncomprised in the surrendered lease which new lease is, subject to\nregistration of the surrender of the surrendered lease, in every respect\nentitled to registration.\n(11) Immediately after making an entry in the register of the surrender of\na lease pursuant to an endorsement or memorandum of surrender\nmade in accordance with subsection (9), the registrar-general shall\nregister the new lease and shall endorse thereon a memorial of every\nsublease which is continued in force by section 91A, and shall include\nin the memorial the words ‘Continued in force by the Land Titles\nAct 1925, section 91A’, or words to the like effect.\n(12) For subsection (11), a reference in a memorial to section 90A is taken\nto be a reference to section 91A.\n\n","sortOrder":82},{"sectionNumber":"87","sectionType":"section","heading":"Registration of re-entry by lessor","content":"87 Registration of re-entry by lessor\n(1) The registrar-general, upon proof to his or her satisfaction of re-entry\nby the lessor under any power in that behalf contained in the lease or\ndeclared by this Act to be implied, or of recovery of possession by\nthe lessor by any proceeding in law or of determination, cancellation\nor forfeiture of a Crown lease, shall note the re-entry, recovery of\npossession, determination, cancellation or forfeiture by entry in the\nregister, and the estate of the lessee in the land shall thereupon\ndetermine.\n(2) The determination shall not release the lessee from his or her liability\nin respect of the breach of any covenant expressed or implied in the\n(3) The person having the lease in his or her possession or within his or\nher control shall, when required by the registrar-general, deliver it up\nto the registrar-general for cancellation and the registrar-general shall\ncancel it accordingly.\n(4) Any person who so fails to deliver a lease up to the registrar-general\nwhen required commits an offence.\nMaximum penalty: 10 penalty units.\n","sortOrder":83},{"sectionNumber":"87A","sectionType":"section","heading":"Entry of expiration of lease in register","content":"87A Entry of expiration of lease in register\nThe registrar-general may, upon being satisfied that the term of a\nlease has expired, note the expiration of the lease by entry in the\nregister.\n\n","sortOrder":84},{"sectionNumber":"87B","sectionType":"section","heading":"Resumption and withdrawal of land from lease","content":"87B Resumption and withdrawal of land from lease\n(1) Where, under any power contained in that behalf in any lease or under\nany law in force in the ACT, any portion of the land comprised in a\nlease is resumed or withdrawn by the lessor from the lease, the\nregistrar-general, upon proof to his or her satisfaction of the\nresumption or withdrawal, shall note such resumption or withdrawal\nby entry in the register and the estate of the lessee in the portion of\nthe land so resumed or withdrawn shall thereupon determine.\n(2) If the resumption or withdrawal is brought about by the Territory on\nbehalf of the Commonwealth, a Minister may prepare a notice of the\nresumption or withdrawal.\n(3) The notice is a notifiable instrument.\n","sortOrder":85},{"sectionNumber":"87C","sectionType":"section","heading":"Extension or variation of lease","content":"87C Extension or variation of lease\n(1) The registrar-general may, in respect of a lease, other than a Crown\nlease, register a memorandum of variation that—\n(a) varies the term of the lease; or\n(b) varies, revokes or supplements a covenant, condition or\nrestriction contained or implied in the lease.\n(2) A memorandum of variation shall—\n(a) be signed by the lessor and lessee; and\n(b) be registered in the same manner as the current lease; and\n(c) be registered before the expiry of the term of the current lease.\n(3) On registration, a memorandum of variation shall—\n(a) have the same effect as if it were a registered memorandum of\nlease—\n(i) for the varied term; or\n\n(ii) containing the covenants, conditions or restrictions as\nvaried; and\n(b) be deemed to be subject to all interests (except interests to have\neffect as varied by the memorandum of variation) to which the\nlease was subject at the time of registration of that\nmemorandum.\n(4) For this section, a reference in any Territory law or in any instrument\nor other document to a lease or to the interest of a lessee includes a\nreference to the lease or the interest as affected by any memorandum\nof variation.\n(5) If a person has a registered interest in land, as mortgagee or otherwise,\nat the time of registration of a memorandum of variation affecting that\nland, the person is not bound by the memorandum unless the person\nhas consented, in writing, to be so bound.\n","sortOrder":86},{"sectionNumber":"88","sectionType":"section","heading":"Lessee may sublet","content":"88 Lessee may sublet\n(1) The proprietor of any registered lease may, subject to any provisions\nin his or her lease or to any Act affecting his or her right to do so,\nsublet by signing a sublease for a life or lives or a term that expires\non a date specified in the sublease.\nNote A sublease of land must be approved by the territory planning authority\n(see Planning Act 2023, s 284 and this Act, s 88B).\n(2) A sublease may incorporate by reference any or all of the provisions\ncontained in a memorandum of provisions.\n(3) Where a sublease incorporates by reference provisions contained in a\nmemorandum of provisions, the provisions so incorporated shall be\ndeemed to be set out at length in the sublease.\n(4) No sublease of any land subject to a mortgage or encumbrance shall\nbe valid or binding against the mortgagee or encumbrancee unless he\nor she has consented to the sublease before it is registered.\n\n","sortOrder":87},{"sectionNumber":"88A","sectionType":"section","heading":"Application of land sublease provisions","content":"88A Application of land sublease provisions\n(1) Section 88B to section 88J do not apply to—\n(a) a sublease of land granted before the commencement of this\nsection; or\n(b) if a units plan subdivides a parcel of land under a declared land\nsublease—a lease granted or arising under the Unit Titles\nAct 2001.\nNote Land sublease does not include a building sublease (see Planning\nAct 2023, dictionary).\n(2) Nothing in this Act, by itself, creates an obligation on the sublessor\nunder a land sublease to grant the sublessee a further or new sublease.\nNote The Unit Titles Act 2001, s 167AA provides for the grant of further leases\nof units and common property if a declared land sublease is subdivided\nby a units plan.\n","sortOrder":88},{"sectionNumber":"88B","sectionType":"section","heading":"Land subleases—registration","content":"88B Land subleases—registration\nThe registrar-general must not register a sublease of land unless the\nsublease has been approved, in writing, by the territory planning\nauthority under the Planning Act 2023, section 284 (Restriction on\nsubletting of land).\n","sortOrder":89},{"sectionNumber":"88C","sectionType":"section","heading":"Land subleases—mortgages","content":"88C Land subleases—mortgages\n(1) A mortgage of land under a land sublease is not valid or binding\nagainst the sublessor, or the sublessor’s mortgagee (if any), unless the\nsublessor and the sublessor’s mortgagee consent, in writing, to the\n\n(2) In this section:\nmortgage includes an encumbrance.\nmortgagee includes an encumbrancee.\n","sortOrder":90},{"sectionNumber":"88D","sectionType":"section","heading":"Land subleases—transfers","content":"88D Land subleases—transfers\n(1) The registrar-general must not register a memorandum of transfer of\na land sublease unless—\n(a) the sublessor consents, in writing, to the transfer; and\n(b) the registrar-general tells the territory planning authority, in\nwriting, about the transfer.\n(2) For subsection (1) (a)—\n(a) the sublessee must request the sublessor’s consent in writing;\nand\n(b) within 10 working days after receiving the request, or any longer\nperiod agreed by the sublessee and sublessor, the sublessor may,\nin writing, ask the sublessee to give the sublessor information\nabout the following:\n(i) the proposed transferee’s financial standing, including\ndetails of any approved finance of the proposed transferee;\n(ii) the proposed use of the land under the sublease by the\nproposed transferee;\n(iii) the proposed transferee’s ability to comply with the\nconditions of the sublease; and\n\n(c) if the sublessor has mortgaged the land under the Crown lease\nand the consent of the sublessor’s mortgagee is required under\nthe mortgage to the transfer of a sublease of the land—\n(i) the sublessor must—\n(A) tell the sublessor’s mortgagee that the request by the\nsublessee has been made and of the terms of the\nrequest; and\n(B) if asked by the mortgagee—ask the sublessee for the\ninformation mentioned in paragraph (b) and give the\ninformation to the mortgagee; and\n(ii) the sublessor’s mortgagee must consent or refuse consent\n(including reasons for the refusal), in writing, to the\nsublessor and the sublessee within 10 working days after—\n(A) being told about the sublessee’s request; or\n(B) if the mortgagee asks for information under\nparagraph (c) (i) (B)—receiving the information; and\n(iii) the sublessor must consent or refuse consent (including\nreasons for the refusal), in writing, to the sublessee; and\n(d) if paragraph (c) does not apply—the sublessor must consent or\nrefuse consent (including reasons for the refusal), in writing,\nwithin 10 working days after—\n(i) receiving the sublessee’s request; or\n(ii) if the sublessor asks for information under paragraph (b)—\nreceiving the information; and\n\n(e) the sublessee is responsible for the reasonable costs of the\nsublessor, and the sublessee’s mortgagee, in making a decision\nabout whether to consent to the transfer of the sublease (not\nincluding any costs incurred in relation to an order under\nsubsection (3) (c) (ii)).\nNote If no time is provided for doing a thing under this subsection, the thing\nmust be done as soon as possible (see Legislation Act, s 151B).\n(3) For subsection (2) (c) and (d)—\n(a) a person to whom a request for consent is made (the request\nreceiver) is taken to have consented to the proposed transfer if\nthe request receiver does not consent or refuse consent within\nthe relevant period mentioned in subsection (2) (c) (ii) and (d);\nand\n(b) a request receiver may only refuse consent if the request receiver\nhas reasonable grounds for believing—\n(i) the proposed transferee is not financially sound; or\n(ii) the proposed transferee intends to use the land under the\nsublease for a purpose not allowed under the sublease; or\n(iii) the proposed transferee cannot otherwise comply with the\nconditions of the sublease; or\n(iv) the proposed transferee, or the use of the land under the\nsublease, will not be compatible with other sublessees\nunder the Crown lease; or\n(v) the sublessee is in breach of the sublease; and\n(c) if a request receiver refuses consent—\n(i) the sublessee may apply to the Magistrates Court for an\norder that the request receiver has refused consent\notherwise than in accordance with this section; and\n\n(ii) if the Magistrates Court is satisfied the request receiver has\nrefused consent otherwise than in accordance with this\nsection, the Court must order—\n(A) that the request receiver is taken to have consented to\nthe request; and\n(B) the person in possession of the Crown lease for the\nland to which the sublease relates to present the lease\nto the registrar-general to allow registration of the\ntransfer of the sublease.\nmortgage includes an encumbrance.\nmortgagee includes an encumbrancee.\n","sortOrder":91},{"sectionNumber":"88E","sectionType":"section","heading":"Land subleases—no further subleases","content":"88E Land subleases—no further subleases\nA sublease of land under a land sublease is not valid or binding.\n","sortOrder":92},{"sectionNumber":"88F","sectionType":"section","heading":"Land subleases—surrender","content":"88F Land subleases—surrender\nA sublessee may surrender a land sublease—\n(a) with the written consent of the sublessor; or\nNote If a land sublease is subject to a registered mortgage or\nencumbrance, the mortgagee or encumbrancee must also consent\nto the surrender (see s 86 (7) and s 89).\n(b) if consent to the transfer of a land sublease is refused under\nsection 88D.\n\n","sortOrder":93},{"sectionNumber":"88G","sectionType":"section","heading":"Withdrawal of land under land sublease","content":"88G Withdrawal of land under land sublease\n(a) before the end of the term of a sublease, the sublessor withdraws\nall or part of the subleased land from the lease under a provision\nof the sublease; and\n(b) the sublessee has fully complied with the provisions (if any) of\nthe sublease relating to the construction of improvements on the\nland under the sublease.\n(2) Section 88H and section 88I apply in relation to the withdrawn land\nas if the sublease was surrendered on the day of the withdrawal.\nimprovement, in relation to land—see section 88H (6).\n","sortOrder":94},{"sectionNumber":"88H","sectionType":"section","heading":"Surrender etc of land sublease—payment for","content":"88H Surrender etc of land sublease—payment for\nimprovements\n(a) a land sublease is surrendered or ends; and\n(b) there are improvements in relation to the land under the\nsublease—\n(i) that did not exist at the commencement of the sublease; and\n(ii) the cost of which the sublessee was responsible for; and\n(c) the sublessee—\n(i) is not granted a further sublease of the land under the old\nsublease; or\n\n(ii) is granted a new sublease of only part of the land under the\nold sublease.\n(2) The sublessor is liable to pay the sublessee—\n(a) if no further sublease of the land under the old sublease is\ngranted—the value of the improvements as worked out under\nthe Planning Act 2023, section 362 as if the sublessor were the\nterritory planning authority and the sublease were a Crown\nlease; or\n(b) if a new sublease of only part of the land under the old sublease\nis granted—the value of the improvements on the part of the land\nnot leased under the new sublease as worked out under the\nPlanning Act 2023, section 362 as if the sublessor were the\nterritory planning authority and the sublease were a Crown\n(3) Subsection (4) applies if—\n(a) a sublease ends; and\n(b) the sublessee has not given the sublessor at least 6 month’s\nwritten notice before the sublease ended, or any shorter period\nagreed by the sublessee and sublessor, that the sublessee did not\nintend to apply for a further sublease.\n(4) The sublessor may deduct the amount of any expenditure reasonably\nincurred by the sublessor in subleasing the land, or part of the land,\nunder the old sublease to someone else from the amount payable by\nthe sublessor to the sublessee under this section.\n(5) The sublessor must give the sublessee a notice stating the amount\nworked out for subsection (2) and subsection (4) (if any) and how the\namount is worked out.\n\n(6) In this section:\nimprovement, in relation to land, means a building or structure on or\nunder the land.\n","sortOrder":95},{"sectionNumber":"88I","sectionType":"section","heading":"ACAT review of value of improvements on land under","content":"88I ACAT review of value of improvements on land under\nland sublease etc\n(a) a sublessor is liable to pay an amount under section 88H; and\n(b) the sublessor gives the sublessee a notice under section 88H (5).\n(2) The sublessee may apply to the ACAT for review of the amount (the\noriginal amount).\n(3) On application, the ACAT must—\n(a) make a decision substituting an amount for the original amount;\nor\n(b) confirm the original amount.\n","sortOrder":96},{"sectionNumber":"88J","sectionType":"section","heading":"Recovery of land under land sublease if sublessee in","content":"88J Recovery of land under land sublease if sublessee in\nunlawful possession\n(1) This section applies if a person who has been a sublessee under a land\nsublease remains in possession of the land after—\n(a) the term of the sublease has ended; or\n(b) the sublease has been surrendered or ended.\n(2) The sublessor, by written notice to the person (the unlawful\noccupier), may demand that the unlawful occupier give possession of\nthe land to the sublessor within a reasonable period stated in the\ndemand.\n\n(3) If a demand is not complied with—\n(a) the sublessor may apply to the Magistrates Court for an order\nthat possession of the land be given to the sublessor; and\n(b) the court may issue a warrant authorising a police officer, within\n20 working days after the day the warrant is issued, to enter the\nland with the assistance and by the force that is reasonable, and\ngive possession of the land to the sublessor.\n","sortOrder":97},{"sectionNumber":"89","sectionType":"section","heading":"Provisions as to leases to apply to subleases","content":"89 Provisions as to leases to apply to subleases\nThe provisions of this Act affecting leases, lessors and lessees shall\napply to subleases, sublessors and sublessees with such modifications\nand exceptions as the difference between a lease and a sublease\nrequires.\n","sortOrder":98},{"sectionNumber":"90","sectionType":"section","heading":"Determination of lease to determine sublease","content":"90 Determination of lease to determine sublease\nSubject to section 91A, if a registered lease is determined from any\ncause, the determination shall determine any sublease thereunder.\n","sortOrder":99},{"sectionNumber":"91","sectionType":"section","heading":"Covenants to be implied in subleases","content":"91 Covenants to be implied in subleases\nIn addition to the covenants declared by this Act to be implied in\nevery registered lease, there shall be implied in every registered\nsublease the following covenant with the sublessee by the sublessor,\nthat is to say:\nThat the sublessor will during the term thereby granted pay the rent\nreserved by, and perform and observe the covenants and agreements\ncontained in, the head lease, and on his or her part to be paid,\nperformed and observed.\n\n","sortOrder":100},{"sectionNumber":"91A","sectionType":"section","heading":"Surrender of lease not to affect sublease","content":"91A Surrender of lease not to affect sublease\n(a) a lease of land under this Act is surrendered by the lessee; and\n(b) the lessor grants to the lessee a new lease of the land comprised\nin the surrendered lease; and\n(c) the lessee has granted, under the surrendered lease, a sublease\nthat is still in force when the lease is surrendered; and\n(d) the whole of the land comprised in the sublease is within the new\n(2) The sublease continues in force, unless otherwise terminated, as a\nsublease under the new lease.\n(3) The sublessor has the same rights and remedies against the sublessee,\nand the sublessee has the same rights and remedies against the\nsublessor, under the sublease as if the lease had not been surrendered.\n(4) The lessor has the same rights and remedies against the sublessee, by\nentry onto the land, as the lessor would have had if the surrendered\nlease had not been surrendered.\n(5) However, subsection (4) does not confer a right or remedy on the\nlessor if, or to any extent that, the lessor would not have a similar right\nor remedy against the sublessee of a sublease of land comprised in the\nnew lease.\n(6) In this section, a reference to a lessor, lessee, sublessor or sublessee\nincludes a reference to a successor in title to the lessor, lessee,\nsublessor or sublessee.\n\nSurrender of lease Division 10.2A\n","sortOrder":101},{"sectionNumber":"91B","sectionType":"section","heading":"Surrender of lease not to affect mortgage","content":"91B Surrender of lease not to affect mortgage\n(a) a lease of land under this Act is surrendered by the lessee; and\n(b) the lessor grants to the lessee a new lease of the land comprised\nin the surrendered lease; and\n(c) the lessee has given a mortgage of the land comprised in the\nsurrendered lease; and\n(d) the mortgage is still in force when the lease is surrendered.\n(2) The mortgage continues in force, unless otherwise terminated or\ndischarged, as a mortgage of the land comprised in the new lease.\n(3) The mortgagor has the same rights and remedies against the\nmortgagee, and the mortgagee has the same rights and remedies\nagainst the mortgagor, under the mortgage as if the lease had not been\nsurrendered.\n(4) The mortgage is to be read subject to any changes necessary to give\neffect to subsections (2) and (3).\n(5) The lessor has the same rights and remedies against the mortgagee,\nby entry onto the land, as the lessor would have had if the surrendered\nlease had not been surrendered.\n(6) However, subsection (5) does not confer a right or remedy on the\nlessor if, or to any extent that, the lessor would not have a similar right\nor remedy against the mortgagee of a mortgage of the land comprised\nin the new lease.\n(7) In this section, a reference to a lessor, lessee, mortgagor or mortgagee\nincludes a reference to a successor in title to the lessor, lessee,\nmortgagor or mortgagee.\n\n","sortOrder":102},{"sectionNumber":"91C","sectionType":"section","heading":"New lease—continuation of interests noted on","content":"91C New lease—continuation of interests noted on\nsurrendered lease\nIf a lease is surrendered by the lessee and a new lease of the land\ncomprised in the surrendered lease is granted to the lessee, the\nfollowing provisions apply to any interest in the land noted on the\nsurrendered lease at the time of the surrender:\n(a) the interest must be noted on the new lease;\n(b) unless varied, terminated or discharged, the interest applies to\nthe new lease in the same way as it applied to the surrendered\n","sortOrder":103},{"sectionNumber":"92","sectionType":"section","heading":"Land—how mortgaged or encumbered","content":"92 Land—how mortgaged or encumbered\n(1) Whenever any land or interest in land under this Act is intended to be\ncharged or made security in favour of any mortgagee, the mortgagor\nmay execute a memorandum of mortgage.\n(2) Whenever any such land or interest is intended to be charged with or\nmade security for the payment of an annuity, rent charge or sum of\nmoney in favour of any encumbrancee, the encumbrancer may\nexecute a memorandum of encumbrance.\n(3) Every such instrument shall contain an accurate statement of the\ninterest intended to be mortgaged or encumbered, and shall for\ndescription of the land intended to be dealt with refer to the folio\nidentifier for the land together with a statement of all mortgages and\nother encumbrances (if any) affecting the land.\n(4) A memorandum of mortgage or a memorandum of encumbrance,\nmay incorporate by reference, with or without amendment, any or all\nof the provisions contained a memorandum of provisions.\n\n(5) Where a memorandum of mortgage, or a memorandum of\nencumbrance—\n(a) incorporates by reference provisions contained in a\nmemorandum of provisions; or\n(b) incorporates by reference, with amendment, provisions\ncontained in a memorandum of provisions;\nthose provisions, or those provisions as amended, as the case may be,\nshall be deemed to be set out at length in the memorandum of\nmortgage or encumbrance, as the case requires.\n","sortOrder":104},{"sectionNumber":"92A","sectionType":"section","heading":"Mortgage or encumbrance—postponement of priority","content":"92A Mortgage or encumbrance—postponement of priority\n(1) In this section:\nmortgage includes an encumbrance, and mortgagee and mortgagor\nhave corresponding meanings.\n(2) Where—\n(a) 2 or more memoranda of mortgage on land, or on an interest in\nland, under this Act have been registered under this Act; and\n(b) the land charged by each of those mortgages is the same and no\nother land is charged by any of those mortgages;\nthe relative priorities that those 2 or any 2 or more of those\nmemoranda have by reason of section 48 (6) or of this section may,\nby memorandum of variation, be varied so that those memoranda\nshall be entitled in priority the one over the other in the order in\nwhich, by the memorandum of variation, they are expressed to have\npriority.\n(3) A memorandum of variation referred to in subsection (2) shall be\nsigned in the presence of a witness—\n(a) by the mortgagee under each of the mortgages the priority of the\nmemorandum of which is to be varied; and\n\n(b) where the assent of the mortgagor is necessary in order to render\nthe variation effective against him or her, by the mortgagor.\n(4) If—\n(a) in addition to the memoranda of mortgage the priorities of which\nare to be varied, there is registered under this Act another\nmemorandum of mortgage charging the whole or any part of the\nland charged by those memoranda; and\n(b) that other memorandum of mortgage has priority over 1 or more\nof those memoranda of mortgage but not over the remaining\nmemorandum or memoranda of mortgage; and\n(c) it is not intended that the priority that that other memorandum\nof mortgage has by reason of section 48 (3) or of this section be\nvaried by the memorandum of variation;\nthe memorandum of variation shall also be signed in the presence of\na witness by the mortgagee under that other memorandum of\n(5) After lodgment of a memorandum of variation, the registrar-general\nshall—\n(a) register the memorandum of variation; and\n(b) make such entries in the register as are necessary, in relation\nto—\n(i) the memoranda of mortgage the relative priorities of which\nare to be varied; and\n(ii) any other memorandum of mortgage of the kind referred to\nin subsection (4).\n\n(6) After the registration of a memorandum of variation, the memoranda\nof mortgage the relative priorities of which are affected by the\nmemorandum shall be entitled in priority the one over the other in the\norder in which, by the memorandum of variation, they are expressed\nto have priority.\n","sortOrder":105},{"sectionNumber":"93","sectionType":"section","heading":"Mortgage or encumbrance—effect","content":"93 Mortgage or encumbrance—effect\n(1) Any mortgage or encumbrance under this Act shall, have effect as a\nsecurity but shall not operate as a transfer of the land thereby charged.\n(2) If default is made in the payment of the principal sum, interest,\nannuity or rent charge, or any part thereof, secured by the mortgage\nor encumbrance, or in the observance of any covenant expressed in\nany memorandum of mortgage or of encumbrance registered under\nthis Act, or that is in this Act declared to be implied in the instrument,\nand the default is continued for the space of 1 month or for such other\nperiod of time as is therein for that purpose expressly limited, the\nmortgagee or encumbrancee may—\n(a) give to the mortgagor or encumbrancer notice in writing to pay\nthe money then due or owing on the memorandum of mortgage\nor of encumbrance, or to observe the covenants therein\nexpressed or implied, as the case may be, and that sale will be\neffected unless the default be remedied; or\n(b) leave the notice on the mortgaged or encumbered land or at the\nusual or last-known place of abode in the ACT of the mortgagor\nor encumbrancer or other person claiming to be then entitled to\nthe land or with his or her agent in the ACT.\n\n","sortOrder":106},{"sectionNumber":"94","sectionType":"section","heading":"Power to sell","content":"94 Power to sell\n(1) If the default in payment or in observance of covenants continues for\nthe further period of 1 month after the service of the notice, or for\nsuch other period as is in the instrument for that purpose limited, the\nmortgagee or encumbrancee may sell all the interest of the mortgagor\nor encumbrancer in the land so mortgaged or encumbered, or any part\nthereof, and either altogether or in lots by public auction or by private\ncontract, or both those modes of sale, and subject to such conditions\nas he or she thinks fit, and may buy in and resell the interest without\nbeing liable for any loss occasioned thereby, and may make and\nexecute all such instruments and documents as are necessary for\neffecting the sale thereof.\n(2) All sales, contracts, matters and things made, done or executed in\npursuance of subsection (1) shall be as valid and effectual as if the\nmortgagor or encumbrancer had made, done or executed them, and\nthe receipt or receipts in writing of the mortgagee or encumbrancee\nshall be a sufficient discharge to the purchaser of the land or interest,\nor of any portion thereof, for so much of his or her purchase money\nas is thereby expressed to be received.\n(3) No such purchaser shall be answerable for the loss, misapplication or\nnon-application, or be obliged to see to the application, of the\npurchase money paid by him or her, nor shall he or she be concerned\nto inquire as to the fact of any default or notice having been made or\ngiven as provided in section 93.\n(4) The purchase money to arise from any sale under this section shall be\napplied, first, in payment of the expenses occasioned by the sale;\nsecond, in payment of the moneys which are owing to the mortgagee\nor encumbrancee; third, in payment of subsequent mortgages or\nencumbrances (if any) in the order of their priority; and the surplus\n(if any) shall be paid to the mortgagor or encumbrancer, as the case\nmay be.\n\n(5) Where a transfer is made in professed exercise of the power of sale\nconferred by this Act, the title of the transferee shall not be\nimpeachable on the ground that no case has arisen to authorise the\nsale or that due notice was not given or that the power was otherwise\nimproperly or irregularly exercised, but any person damnified by an\nunauthorised or improper or irregular exercise of the power shall have\nhis or her remedy in damages against the person exercising the power.\n(6) A memorandum of transfer executed by a mortgagee or\nencumbrancee in exercise of the power of sale conferred by this Act\nshall be accepted by the registrar-general as sufficient evidence that\nthe power has been duly exercised, and he or she shall not be bound\nor required to call for proof thereof.\n(7) Where—\n(a) after the registration under this Act of a mortgage or\nencumbrance on a parcel of land, there is registered under this\nAct a notice of a determination made under the Rates and Land\nRent (Relief) Act 1970, section 3 in which the parcel of land\nreferred to is the parcel of land subject to the mortgage or\nencumbrance; and\n(b) the mortgagee under the mortgage or the encumbrancee under\nthe encumbrance exercises the rights conferred by this section\nin relation to the land;\nthe notice of the determination shall, for this section, be deemed to be\na mortgage of the land referred to in the notice to the Territory having\npriority according to the date of its registration under this Act and\nsecuring the payment to the Territory of an amount equal to the\namount for the time being secured by section 108B.\n","sortOrder":107},{"sectionNumber":"95","sectionType":"section","heading":"Sale by mortgagee—vesting","content":"95 Sale by mortgagee—vesting\n(1) For the purposes of a sale under section 94, the registrar-general shall\nregister a memorandum of transfer—\n(a) executed by a mortgagee or encumbrancee; and\n\n(b) lodged in registrable form.\n(2) Where a transfer is registered under subsection (1), the interest of the\nmortgagor or encumbrancer in the land comprised in the transfer shall\npass to and be vested in the transferee, freed and discharged from all\nliability on account of—\n(a) the mortgage or encumbrance; or\n(b) any other mortgage or encumbrance registered after the\nregistration of the interest of the mortgagor or encumbrancer but\nbefore the registration of the transfer; or\n(c) any other mortgage or encumbrance over which the\nfirstmentioned mortgage or encumbrance has priority under a\nmemorandum of variation registered under section 92A.\n(3) Where—\n(a) there is a caveat entered in the register in respect of the land\ncomprised in the transfer; and\n(b) the caveat was entered in the register after the registration of the\ninterest of the mortgagee or encumbrancee, as the case may be;\nthe registrar-general may register the transfer notwithstanding the\nexistence of the caveat and the caveat lapses on registration of the\ntransfer.\n(4) The registrar-general may remove from the register a caveat that has\nlapsed under subsection (3).\n","sortOrder":108},{"sectionNumber":"95A","sectionType":"section","heading":"Sale by court order—application by mortgagor etc","content":"95A Sale by court order—application by mortgagor etc\n(1) A mortgagor or encumbrancer of land may apply to the Supreme\ncourt for an order that the land be sold.\n(2) On an application the court may order a sale of the land on any terms\nas the court considers just.\n\n(3) In particular, the court may make the operation of the order subject to\npayment into court of a specified sum to meet the expenses of the sale\nand to secure the performance of the terms.\n(4) The court may make an order even if a procedure has been taken, or\nproceedings have been instituted, by any person to foreclose or realise\nthe mortgage or encumbrance or to sell the land.\n(5) The court may make an order without deciding the priority of\nmortgages or encumbrances over the land.\n","sortOrder":109},{"sectionNumber":"96","sectionType":"section","heading":"Default, entry and possession—action for recovery","content":"96 Default, entry and possession—action for recovery\nThe mortgagee or encumbrancee upon default in payment of the\nprincipal sum or any part thereof, or of any interest, annuity or rent\ncharge secured by any mortgage or encumbrance may—\n(a) enter into possession of the mortgaged or encumbered land by\nreceiving the rents and profits therefor; or\n(c) bring an action to recover the land, either before or after\ncommencing to take the rents and profits, and either before or\nafter any sale of the land effected under the power of sale given\nor implied in his or her memorandum of mortgage or of\nencumbrance;\nin the same manner in which he or she might have made the entry or\nbrought the action if the principal sum or annuity were secured to him\nor her by a conveyance of the legal estate in the land so mortgaged or\nencumbered.\n","sortOrder":110},{"sectionNumber":"97","sectionType":"section","heading":"Order for foreclosure on default","content":"97 Order for foreclosure on default\n(1) When default has been made in the payment of the interest or\nprincipal sum secured by memorandum of mortgage for 6 months, a\nregistered mortgagee or his or her legal practitioner or attorney in the\nACT may make application in writing to the registrar-general for an\norder for foreclosure.\n\n(2) The application shall state that the default has been so made, and that\nthe land or interest mortgaged has been offered for sale at public\nauction by a licensed auctioneer, after notice given to the mortgagor,\nas in this Act provided, and that the amount of the highest bid at the\nsale was not sufficient to satisfy the money secured by the mortgage,\ntogether with the expenses occasioned by the sale, and that notice in\nwriting of the intention of the mortgagee to make the application has\nbeen given to the mortgagor by leaving the notice at his or her usual\nor last-known place of abode, if that place is within 5km of the\nresidence of the mortgagee, or by forwarding the notice by registered\nletter through the post office, if that place is beyond that distance.\n(3) The application shall be accompanied by a certificate of the\nauctioneer by whom the land was put up for sale, and such other proof\nof the matters stated by the applicant, as the registrar-general requires.\n(4) The statements made in the application shall be verified by the oath\nor statement of the applicant or other person applying on his or her\nbehalf.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":111},{"sectionNumber":"98","sectionType":"section","heading":"Application—how made effective","content":"98 Application—how made effective\n(1) The registrar-general may prepare a notice offering the land for sale,\nand shall limit and appoint a time, not less than 1 month from the date\nof notification of the offer under the Legislation Act 2001, upon or\nafter which the registrar-general may issue to the applicant an order\nfor foreclosure, unless in the interval a sufficient amount has been\nrealised by the sale of the land to satisfy the principal and interest\nmoneys due, and all expenses occasioned by the sale.\n(2) An offer under subsection (1) is a notifiable instrument.\n\n(3) The registrar-general must also give additional public notice of the\noffer.\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (3) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n(4) Every such order for foreclosure entered in the register shall have the\neffect of vesting in the mortgagee all the estate and interest of the\nmortgagor in the land mentioned in the order free from all right and\nequity of redemption on the part of the mortgagor or of any person\nclaiming through or under him or her.\n","sortOrder":112},{"sectionNumber":"99","sectionType":"section","heading":"Mortgagee to receive rent","content":"99 Mortgagee to receive rent\n(1) Whenever a mortgagee or encumbrancee gives notice of his or her\ndemanding to enter into receipt of the rents and profits of the\nmortgaged or encumbered land to the tenant or occupier or other\nperson liable to pay or account for the rents and profits thereof, all the\npowers and remedies of the mortgagor or encumbrancer in regard to\nreceipt and recovery of, and giving discharges for, the rents and\nprofits, shall be suspended and transferred to the mortgagee or\nencumbrancee until the notice is withdrawn, or the mortgagee or\nencumbrancee is satisfied, and a discharge thereof duly registered.\n(2) In every such case, the receipt in writing of the mortgagee or\nencumbrancee shall be a sufficient discharge for any rents and profits\ntherein expressed to be received, and no person paying the rents and\nprofits shall be bound to inquire concerning any default or other\ncircumstance affecting the right of the person giving the notice\nbeyond the fact of his or her being duly registered as mortgagee or\nencumbrancee of the land.\n\n(3) Nothing herein contained shall interfere with the effect of any rule,\norder or judgment of the court in regard to the payment of rent under\nthe special circumstances of any case, or prejudice any remedy of the\nmortgagor or encumbrancer against the mortgagee or encumbrancee\nfor wrongful entry or for an account.\n","sortOrder":113},{"sectionNumber":"100","sectionType":"section","heading":"Mortgagee of leasehold entering into possession liable to","content":"100 Mortgagee of leasehold entering into possession liable to\nlessor\nAny mortgagee or encumbrancee of leasehold land under this Act, or\nany person claiming the land as a purchaser or otherwise from or\nunder the mortgagee or encumbrancee after entering into possession\nof the land or the rents and profits thereof shall, during the possession\nand to the extent of any rents and profits which may be received by\nhim or her, become and be subject and liable to the lessor of the land\nor the person for the time being entitled to the lessor’s interest in the\nland to the same extent as the lessee or tenant was subject to and liable\nfor prior to the mortgagee, encumbrancee or other person entering\ninto possession of the land or the rents and profits thereof.\n","sortOrder":114},{"sectionNumber":"100A","sectionType":"section","heading":"Right of Territory if determination revoked and amount","content":"100A Right of Territory if determination revoked and amount\nsecured not paid\n(1) Where—\n(a) a determination under the Rates and Land Rent (Relief)\nAct 1970, section 3 has been revoked under that Act, section 9,\n12 or 13;\n(b) the amount of the payment of which is secured by section 108B\nhas not been paid in full to the Territory; and\n\n(c) a memorandum of discharge under the Rates and Land Rent\n(Relief) Act 1970 has not been presented to the registrar-general\nfor registration under this Act;\nthe Territory shall be deemed to have, on and after the date on which\ndefault has been made in the payment of the whole or part of the\namount referred to in paragraph (b), the rights that it would have had\nunder sections 93 (2), 94, 96, 97, 99 and 100 if—\n(d) the notice of the determination had been a mortgage by the\nregistered proprietor of the land referred to in the notice securing\nthe payment to the Territory of the amount referred to in\nparagraph (b) and registered on the date of registration of the\nnotice; and\n(e) the amount were the principal sum secured by the mortgage; and\n(f) the default in the payment of the whole or part of the amount\nreferred to in paragraph (b) were default in the payment of the\nprincipal sum or part of the principal sum secured by the\n(2) Sections 93 (2) and 94 to 100 apply to and in relation to the exercise\nby the Territory of the rights that it is to be deemed to have under\nsubsection (1) to the same extent and in the same manner as if the\nTerritory were the mortgagee under a mortgage referred to in\nsubsection (1) (d).\n(3) For subsection (1), default shall be deemed to have been made in the\npayment of—\n(a) the whole of the amount referred to in subsection (1) (b) if an\namount equal to that amount has not been paid to the Territory\nwithin 1 month after the date on which such an amount has\nbecome payable under the Rates and Land Rent (Relief)\nAct 1970, section 15 (1); and\n\n(b) part of the amount referred to in subsection (1) (b) if an amount\nequal to that part has not been paid to the Territory within\n1 month after the date on which such an amount has become\npayable to the Territory under that Act, section 15 (2) or (3).\n","sortOrder":115},{"sectionNumber":"101","sectionType":"section","heading":"Discharge of mortgages and encumbrances","content":"101 Discharge of mortgages and encumbrances\n(1) The registrar-general may, on lodgment of a discharge of mortgage\nor encumbrance, register a discharge of the mortgage or encumbrance\nto the extent specified in the discharge instrument.\n(2) The discharge of mortgage or encumbrance may discharge the debt\nor annuity secured in relation to—\n(a) 1 or more parcels of land; or\n(b) 1 or more of the mortgagors or encumbrancers, as the case\nrequires; or\n(c) 1 or more of the mortgagees or encumbrancees, as the case\nrequires.\n(3) On registration of the discharge of mortgage or encumbrance, the\nmortgage or encumbrance, as the case requires, is discharged to the\nextent specified in the discharge instrument.\n","sortOrder":116},{"sectionNumber":"101A","sectionType":"section","heading":"Variation of mortgages","content":"101A Variation of mortgages\n(1) A registered mortgage may be varied by registration of a\nmemorandum of variation of mortgage.\n(2) The memorandum shall be signed in the presence of a witness by each\nof the parties to the mortgage.\n\n(3) Upon production of a memorandum referred to in subsection (2), the\nregistrar-general shall make such entries in the register as are\nnecessary.\n(4) The memorandum shall, when registered under this Act, operate so\nas to vary the mortgage in the manner specified in the memorandum.\n(5) This section applies to a mortgage made before or after the\ncommencement of this section.\n","sortOrder":117},{"sectionNumber":"102","sectionType":"section","heading":"Entry of satisfaction of annuity","content":"102 Entry of satisfaction of annuity\n(1) Upon proof of the death of the annuitant, or of the occurrence of the\nevent or circumstance upon which, in accordance with any\nmemorandum of encumbrance, the annuity or sum of money thereby\nsecured ceases to be payable, and upon proof that all arrears of the\nannuity and interest or money have been paid, satisfied or discharged,\nthe registrar-general shall make an entry in the register noting that the\nannuity or sum of money is satisfied or discharged, and shall cancel\nthe instrument.\n(2) Upon the entry being made, the land or interest shall cease to be\nsubject to, or liable for, the annuity or sum of money.\n","sortOrder":118},{"sectionNumber":"103","sectionType":"section","heading":"Facilitation of redemption in case of absent or unknown","content":"103 Facilitation of redemption in case of absent or unknown\nmortgagees\n(1) When any person entitled to receive payment of any money secured\nby memorandum of mortgage is out of the jurisdiction, cannot be\nfound, or is unknown, or it is uncertain who is so entitled, the court,\nupon the application of the person entitled to redeem the mortgaged\npremises, may order the amount of the debt to be ascertained in such\nmanner as the court thinks fit, and direct the amount so ascertained to\nbe paid into court.\n\n(2) The court shall order the amount so paid into court to be paid to the\nperson entitled, upon the application of that person, and on proof that\nthe memorandum of mortgage and all deeds or documents evidencing\ntitle which were delivered by the mortgagor to the mortgagee on\nexecuting the memorandum of mortgage, or in connection therewith,\nhave been delivered up to the person by whom the amount was so\npaid into court, or his or her executors, executrices, administrators,\nadministratrices or assigns, or have been otherwise satisfactorily\naccounted for.\n(3) Upon production to the registrar-general of the certificate of a\nregistrar of the court that the payment was directed as provided in\nsubsection (1) and has been made—\n(a) he or she shall make such entries in the register as are necessary;\nand\n(b) the entry shall be a discharge of the land from the mortgage:\nProvided that as between the mortgagor and the person entitled\nto receive payment, any amount which is eventually shown by\nthe person entitled to the mortgage debt to have been in fact due\nor payable over and above the amount so paid, shall continue to\nbe a speciality debt due under the mortgage.\n","sortOrder":119},{"sectionNumber":"103A","sectionType":"section","heading":"Registration of memoranda of provisions","content":"103A Registration of memoranda of provisions\n(1) A person may present for registration a memorandum containing\nprovisions that are to be incorporated by reference in—\n(a) leases or subleases that are to be prepared or executed by the\nperson; or\n(b) memoranda of mortgage that are to be prepared or executed by\nthe person; or\n\nEasements and other incorporeal rights Division 10.3B\n(c) memoranda of encumbrance that are to be prepared or executed\nby the person.\n(2) A memorandum referred to in subsection (1) shall be signed by the\nperson for whom it is lodged or by his or her legal practitioner.\n(3) The registrar-general shall, upon presentation to him or her of a\nmemorandum that is in registrable form, register the memorandum.\n","sortOrder":120},{"sectionNumber":"Div 10","sectionType":"division","heading":"3B Easements and other incorporeal","content":"Division 10.3B Easements and other incorporeal\nrights\n","sortOrder":121},{"sectionNumber":"103B","sectionType":"section","heading":"Easements—registration","content":"103B Easements—registration\n(1) Where a memorandum of easement has been lodged in registrable\nform, the registrar-general shall register the easement and enter in the\nregister—\n(a) particulars of the land that is benefited by the easement or of the\nperson in whose favour it is registered; and\n(b) particulars of the land that is burdened by the easement; and\n(c) such other particulars as the registrar-general considers\nnecessary.\n(2) An easement may be limited wholly or partly in height or depth, or\nboth.\n","sortOrder":122},{"sectionNumber":"103C","sectionType":"section","heading":"Easements in gross—registration, transfer and","content":"103C Easements in gross—registration, transfer and\nextinguishment\n(1) The registrar-general may register an easement in gross, being an\neasement that does not benefit any land and is registered in favour of\n1 of the following:\n(a) the Territory or a body corporate established by or under a\nTerritory law;\n\n(b) the Commonwealth or a body corporate established by or under\na Commonwealth law;\n(c) a State or another Territory or a body corporate established by\nor under a law of the State or other Territory;\n(d) a person who is providing a public utility service in the ACT.\n(2) Where the business of providing a public utility service is transferred,\nthe registrar-general may, on application by the transferee, register\nthe transfer of the benefit of any public utility easement in respect of\nthat business or all such easements, to the transferee.\n(3) Where—\n(a) a public utility easement is registered in favour of a person or\nbody; and\n(b) the person or body ceases to provide the public utility service\nfor the purposes of which the easement was registered;\nthe easement shall—\n(c) on application by the transferee under subsection (2), be\nregistered in the name of the person or body to whom the\nbusiness of providing that service is transferred; or\n(d) where the transfer of the easement has not been so registered\nwithin 30 days of the transfer of the business or where there is\nno such transferee—shall be extinguished.\npublic utility easement, in relation to a business providing a public\nutility service, means an easement registered in the name of a person\nor body for the purposes of that business.\n\nEasements and other incorporeal rights Division 10.3B\n","sortOrder":123},{"sectionNumber":"103D","sectionType":"section","heading":"Easements—same owner of benefited and burdened land","content":"103D Easements—same owner of benefited and burdened land\nAn easement may be registered even if—\n(a) the land benefited and the land burdened by the easement have\nthe same registered proprietor; or\n(b) the registered proprietor of the land benefited by the easement\nhas a registered interest in the land burdened by the easement.\n103DA Easements—subdivision of dominant tenement\nIf an easement subsists under the Land Titles (Unit Titles) Act 1970,\nsection 9 for the benefit of units in a units plan, the easement may be\nregistered in relation to the units.\n","sortOrder":124},{"sectionNumber":"103E","sectionType":"section","heading":"Extinguishment of easement","content":"103E Extinguishment of easement\n(1) A registered easement shall be extinguished—\n(a) by the registration of a memorandum of extinguishment of\neasement; or\n(b) by the surrender of the lease of the land benefited by the\neasement.\n(2) Despite subsection (1) (b), a registered easement is not extinguished\nif, after surrender by the lessee of the lease, a new lease of the land\ncomprised in the surrendered lease is granted to the lessee.\n(3) On registration of a memorandum of extinguishment of easement, the\nregistrar-general shall make such entries in the register as are\nnecessary to record the extinguishment.\n(4) A memorandum of extinguishment of easement shall be signed by—\n(a) the registered proprietor of the land benefited by the easement\nor the person or body in whose favour the easement is registered;\nand\n\n(b) each registered mortgagee and lessee (other than a lessee who\ndoes not receive a benefit from the easement) of the land\nbenefited by the easement.\n(5) An easement is not extinguished merely because—\n(a) the burdened and benefited land in relation to the easement have\nthe same registered proprietor; or\n(b) the registered proprietor of the land benefited by the easement\nacquires an interest, or a greater interest, in the land burdened\nby the easement.\n","sortOrder":125},{"sectionNumber":"103F","sectionType":"section","heading":"Easements—variation","content":"103F Easements—variation\n(1) Subject to subsection (2), a registered easement may be varied by\nregistration of a memorandum of variation of easement.\n(2) A registered easement cannot be varied—\n(a) by changing the location of the easement; or\n(b) by increasing or decreasing the area of land affected by the\neasement; or\n(c) by changing the burdened or benefited land; or\n(d) if it is an easement registered in accordance with\nsection 103C (1)—by changing the person or body in whose\nfavour the easement is registered.\n(3) A memorandum of variation of easement shall be signed by—\n(a) the registered proprietor of the land benefited by the easement\nor the person or body in whose favour the easement is registered;\nand\n(b) each registered mortgagee and lessee (other than a lessee who\ndoes not receive a benefit from the easement) of the land\nbenefited by the easement.\n\n","sortOrder":126},{"sectionNumber":"103G","sectionType":"section","heading":"Incorporeal rights—registration","content":"103G Incorporeal rights—registration\n(1) The registrar-general may register a memorandum of incorporeal\nright that creates an incorporeal right other than an annuity or rent\ncharge.\n(2) Where the registrar-general registers a memorandum under\nsubsection (1), he or she or she shall enter in the register such\nparticulars of the incorporeal right, and of the land burdened or\nbenefited by the right, as he or she considers necessary.\n","sortOrder":127},{"sectionNumber":"103H","sectionType":"section","heading":"Incorporeal rights—extinguishment","content":"103H Incorporeal rights—extinguishment\n(1) The registrar-general may register a memorandum of extinguishment\nof incorporeal right.\n(2) On registration of a memorandum of extinguishment of incorporeal\nright, the registrar-general shall make such entries in the register as\nare necessary to record the extinguishment and preserve the record.\n","sortOrder":128},{"sectionNumber":"104","sectionType":"section","heading":"Lodging of caveat","content":"104 Lodging of caveat\n(1) A caveat, in relation to land, shall not be entered in the register unless\nit is lodged by—\n(a) if the land is to be held by the transferee as trustee—the\ntransferor of the land; or\n(b) a person claiming an interest in the land or his or her legal\npractitioner; or\n(c) where a person claiming an interest in the land so authorises in\nwriting—the agent of that person.\n(2) Subject to subsections (3) to (5), a caveat may prohibit the registration\nof any document affecting the land or interest in respect of which it\nis entered in the register.\n\n(3) A caveat may be restricted in operation by stating—\n(a) that specified types of documents are not prohibited from\nregistration by the caveat; or\n(b) that 1 or more of the types of documents referred to in\nsubsection (5) are prohibited from registration by the caveat.\n(4) A caveat can not prohibit—\n(a) the registration of a writ or the lapsing, withdrawal, cancellation\nor removal of a writ; or\n(b) the registration of a caveat or the lapsing, withdrawal or removal\nof a caveat; or\n(c) the registration of an instrument executed by a mortgagee whose\ninterest was registered before lodgment of the caveat; or\n(d) a correction or alteration of the register by the registrar-general\nunder section 107C (2), 160, 161 or 162A.\n(5) Unless a caveat states that it prohibits 1 or more of the following types\nof registration, those registrations are not prohibited:\n(a) registration of the survivor of joint proprietors under section 55;\n(b) registration of the vesting of an interest in land under section 68;\n(c) registration of the resumption and withdrawal of land under\nsection 87B;\n(d) registration of the discharge of a mortgage or encumbrance\nunder section 101;\n(e) registration of an easement under section 103B;\n(f) registration of the extinguishment of an easement under\nsection 103E;\n(g) registration of the variation of an easement under section 103F;\n(h) registration of an incorporeal right under section 103G;\n\n(i) registration of the extinguishment of an incorporeal right under\nsection 103H;\n(j) registration of a transmission by bankruptcy or insolvency under\nsection 132;\n(k) registration of a transmission by death to an executor, executrix,\nadministrator or administratrix under section 135;\n(l) registration of new or additional trustees under section 138A;\n(m) registration of a declaration by an executor or executrix under\nsection 138B;\n(n) registration of an instrument executed by a lessor whose interest\nwas registered before the caveat if the lessor has power under\nthe lease to execute the instrument.\n(6) Every such caveat shall state the name and address of the caveator,\nand shall contain a sufficient description to identify the land and the\ninterest therein claimed by the caveator, and, except in case of caveats\nlodged by order of the court or by the registrar-general, as in this Act\nprovided, shall be signed by the caveator or by his or her legal\npractitioner or agent in the ACT.\n(7) No such caveat shall be received unless some address or place within\nthe ACT is specified in the caveat as the address for service of notices\nand proceedings relating to the caveat.\n(8) In this section:\n","sortOrder":129},{"sectionNumber":"104A","sectionType":"section","heading":"Entering caveat in register","content":"104A Entering caveat in register\n(1) The registrar-general shall enter in the register a caveat that—\n(a) does not require a material correction, alteration or addition; and\n\n(b) otherwise complies on its face with the requirements of this Act.\n(2) Other than for the purpose of determining that a caveat complies with\nsubsection (1), the registrar-general is not required to determine the\nvalidity of the caveator’s claim.\n","sortOrder":130},{"sectionNumber":"104B","sectionType":"section","heading":"Withdrawal of caveats","content":"104B Withdrawal of caveats\nA caveat may be withdrawn—\n(a) by the caveator or his or her legal practitioner; or\n(b) where the caveator so authorises in writing—by the agent of the\ncaveator; or\n(c) where the interest claimed in the caveat was, in the caveat,\nclaimed to be held by 2 or more caveators as joint tenants and\n1 of those caveators is dead—by the surviving caveator or\ncaveators, as the case requires; or\n(d) where the caveator is dead and paragraph (c) does not apply—\nby the executor or executrix of the will, or the administrator or\nadministratrix of the estate, of the caveator; or\n(e) where the interest claimed in the caveat has vested, pursuant to\na law in force in the ACT relating to bankruptcy, in the official\ntrustee in bankruptcy, in a trustee or in any other person—by the\nofficial trustee in bankruptcy, that trustee or that other person,\nas the case requires.\n","sortOrder":131},{"sectionNumber":"105","sectionType":"section","heading":"Notice of caveat","content":"105 Notice of caveat\n(1) Upon the receipt of a caveat, the registrar-general shall notify the\nreceipt to the person against whose application to be registered as\nproprietor, or, as the case may be, to the registered proprietor against\nwhose title to deal with land under this Act the caveat has been\nlodged.\n\n(2) A person who—\n(a) is an applicant or registered proprietor referred to in subsection\n(1);\n(b) has a registered interest in the land; or\n(c) has an interest in the land under a memorandum of transfer or\nother instrument registrable under this Act;\nmay apply to the court, on notice to the caveator, for an order that the\ncaveat be removed.\n(3) The court or judge, upon proof that the caveator has been given notice\nof the application for the order, may make such order in relation to\nthe land, either ex parte or otherwise, as to the court or judge seems\nfit.\n","sortOrder":132},{"sectionNumber":"105A","sectionType":"section","heading":"Surrender and regrant of lease of land affected by caveat","content":"105A Surrender and regrant of lease of land affected by caveat\n(1) This section applies, subject to any order of the court, if—\n(a) a caveat has been registered in relation to land; and\n(b) the caveat has not lapsed or been removed; and\n(c) the lease of the land is surrendered by the lessee and a new lease\nof the land comprised in the surrendered lease is granted to the\nlessee.\n(2) The operation or effect of the caveat is not affected by the surrender\nof the lease and the grant of the new lease.\n(3) If the registrar–general makes a record in the register of the grant of\nthe new lease, the registrar-general must also make a record of the\ncaveat in relation to the new lease.\n\n","sortOrder":133},{"sectionNumber":"106","sectionType":"section","heading":"Caveat lapsing","content":"106 Caveat lapsing\n(1) Except in the case of a caveat lodged—\n(a) by a settlor; or\n(b) by or on behalf of a beneficiary claiming under a will or\nsettlement; or\n(c) by the registrar-general;\na caveat lodged against a registered proprietor shall, unless the court\notherwise orders, lapse 14 days after the date of a notice to the\ncaveator that application has been made for the registration of a\ndocument in respect of the land or interest to which the caveat relates.\n(2) On the registration of the document, in respect of which the notice\nreferred in subsection (1) has been given, the lapsed caveat shall be\ndeemed to be reinstated.\n(3) Subsection (2) applies even though the lease of land to which the\ncaveat related has been surrendered by the lessee, if a new lease of\nthe land comprised in the surrendered lease is granted to the lessee.\n","sortOrder":134},{"sectionNumber":"107","sectionType":"section","heading":"Removal of caveat","content":"107 Removal of caveat\n(1) A registered proprietor to whose interest in land a caveat relates may\napply to the registrar-general to have the caveat removed.\n(2) On receipt of an application under subsection (1), the\nregistrar-general shall—\n(a) give notice of the application to the caveator; and\n(b) not less than 14 days from the date of service of the notice,\nremove the caveat from the register, unless the court otherwise\norders.\n\n(3) If the registrar-general believes on reasonable grounds that the\ncaveator’s interest has been extinguished by the transfer of the whole\nof the registered proprietor’s interest to another person, the\n(a) give notice to the caveator that he or she believes that the\ncaveator’s interest has been extinguished and that he or she\nintends to remove the caveat from the register; and\n(b) not less than 14 days from the date of service of the notice,\nremove the caveat from the register, unless within that time—\n(i) the caveator shows to the satisfaction of the\nregistrar-general that his or her interest has not been\nextinguished; or\n(ii) the court otherwise orders.\n","sortOrder":135},{"sectionNumber":"107A","sectionType":"section","heading":"Effect on dealings","content":"107A Effect on dealings\n(1) While a caveat remains in force prohibiting the registration of a\ndocument, the registrar-general shall not register the document,\n(a) the court otherwise orders; or\n(b) the caveator consents in writing to the registration of that\ndocument.\n(2) Subsection (1) does not operate to prohibit the registration of a\ndocument lodged in registrable form before the caveat was lodged.\n","sortOrder":136},{"sectionNumber":"107B","sectionType":"section","heading":"Removal of caveat by registrar-general","content":"107B Removal of caveat by registrar-general\nWhere the registrar-general is satisfied that a caveator has acquired,\nby registration of a memorandum of transfer or other document, the\nwhole of the land or interest in respect of which the caveat is lodged,\nthe registrar-general may remove the caveat from the register, unless\nthe court otherwise orders.\n\n","sortOrder":137},{"sectionNumber":"107C","sectionType":"section","heading":"Successive caveats","content":"107C Successive caveats\n(1) Where a caveat has been removed by the registrar-general in\naccordance with section 107 (2), the registrar-general shall not enter\non the register any subsequent caveat affecting the same land or\ninterest by the same person, or for the same purpose, except by order\nof the court.\n(2) Where a subsequent caveat of the kind referred to in subsection (1)\nhas been entered on the register, other than by order of the court, the\n(a) give notice to the caveator that the caveat will be removed; and\n(b) not less than 14 days after the date of service of the notice,\nremove the caveat from the register, unless the court otherwise\norders.\n","sortOrder":138},{"sectionNumber":"108","sectionType":"section","heading":"Compensation for lodging caveat without reasonable","content":"108 Compensation for lodging caveat without reasonable\ncause\nAny person lodging any caveat with the registrar-general without\nreasonable cause shall be liable to make to any person who has\nsustained damage thereby such compensation as is just, and the\ncompensation shall be recoverable in an action at law by the person\nwho has sustained damage from the person who lodged the caveat.\n\nDeterminations under Rates and Land Rent (Relief) Act 1970 Division 10.5\nDivision 10.5 Determinations under Rates and Land\nRent (Relief) Act 1970\n","sortOrder":139},{"sectionNumber":"108A","sectionType":"section","heading":"Certain documents under Rates and Land Rent (Relief)","content":"108A Certain documents under Rates and Land Rent (Relief)\nAct 1970 to be instruments affecting land\n(1) Subject to subsection (2), a notice of a determination made under the\nRates and Land Rent (Relief) Act 1970, section 3, and a memorandum\nof discharge under that Act, section 18, shall, on being presented to\nthe registrar-general for registration under this Act each be deemed to\nbe, for this Act, an instrument affecting the land referred to in the\nnotice.\n(2) Section 67 does not apply to or in relation to a notice or memorandum\nreferred to in subsection (1).\n","sortOrder":140},{"sectionNumber":"108B","sectionType":"section","heading":"Effect of registration of determination","content":"108B Effect of registration of determination\nA notice of a determination made under the Rates and Land Rent\n(Relief) Act 1970, section 3 shall, when registered under this Act, have\neffect as a charge securing the payment to the Territory of an amount\nequal to the amount for which the person to whom the determination\nrelates becomes, whilst the determination remains in force, indebted\nto the Territory under that Act and the payment to the Territory of\ninterest payable under that Act, section 4 (3) or 16, or both.\n","sortOrder":141},{"sectionNumber":"108C","sectionType":"section","heading":"Registration of memorandum of discharge","content":"108C Registration of memorandum of discharge\nUpon the production to the registrar-general of a memorandum of\ndischarge under the Rates and Land Rent (Relief) Act 1970, the\nregistrar-general shall—\n(a) register the memorandum; and\n(b) make an entry in the register noting that the charge created by\nthe registration of the notice of the determination referred to in\nthe memorandum is discharged.\n\n","sortOrder":142},{"sectionNumber":"Part 11","sectionType":"part","heading":"Implied covenants and short","content":"Part 11 Implied covenants and short\nforms of covenants\n","sortOrder":143},{"sectionNumber":"109","sectionType":"section","heading":"Effect of covenant","content":"109 Effect of covenant\n(1) A covenant whether expressly contained in any instrument or implied\ntherein under this Act shall be deemed to be made with the\ncovenantee, his or her heirs, executors, executrices, administrators,\nadministratrices and assigns, and shall have effect accordingly.\n(2) A covenant whether express or implied under this Act made with 2 or\nmore jointly to pay money or to do any other act to them or for their\nbenefit shall be deemed to include, and shall by virtue of this Act\nimply, an obligation to do the act to or for the benefit of the survivor\nor survivors of them and to or for the benefit of any other person to\nwhom the right to sue on the covenant devolves.\n(3) This section applies only if and as far as a contrary intention is not\nexpressed in the instrument and shall have effect subject to the\ninstrument.\n","sortOrder":144},{"sectionNumber":"110","sectionType":"section","heading":"Covenants by person with self and another or others","content":"110 Covenants by person with self and another or others\nA covenant mentioned in section 109 made by a person with himself\nor herself and another or others shall be construed and be capable of\nbeing enforced in like manner as if the covenant had been made with\nthe other or others.\n","sortOrder":145},{"sectionNumber":"111","sectionType":"section","heading":"Implied covenants to be joint and several","content":"111 Implied covenants to be joint and several\nWhere a covenant is implied under this Act and more persons than\n1 are covenantors such covenant shall be deemed to bind the\ncovenantors and any 2 or greater number of them jointly and each of\nthem severally.\n\n","sortOrder":146},{"sectionNumber":"112","sectionType":"section","heading":"Implied covenants may be modified or negatived","content":"112 Implied covenants may be modified or negatived\n(1) Every covenant and power to be implied in any instrument by virtue\nof this Act may be negatived, varied or extended by express\ndeclaration in the instrument or endorsed thereon.\n(2) Any such covenant or power so varied or extended shall, so far as\nmay be, operate in the like manner and with all the like incidents,\neffects and consequences as if the variations or extensions were\nimplied under this Act.\n(3) In any pleading in an action for a supposed breach of any such\ncovenant, the covenant alleged to be broken may be set forth, and it\nshall be lawful to allege that the party against whom the action is\nbrought did so covenant precisely in the same manner as if the\ncovenant had been expressed in words in the memorandum of transfer\nor other instrument, any law or practice to the contrary\nnotwithstanding.\n(4) Every such implied covenant or power shall have the same force and\neffect, and may be enforced in the same manner as if it had been set\nout at length in the instrument.\n","sortOrder":147},{"sectionNumber":"113","sectionType":"section","heading":"Benefit of implied covenants","content":"113 Benefit of implied covenants\nThe benefit of a covenant implied under this Act shall be annexed and\nincident to, and shall go with, the interest of the implied covenantee,\nand shall be capable of being enforced by every person in whom that\ninterest is for the whole or any part thereof from time to time vested.\n","sortOrder":148},{"sectionNumber":"114","sectionType":"section","heading":"Construction of implied covenants and provisions","content":"114 Construction of implied covenants and provisions\nIn the construction of a covenant or proviso or other provision implied\nby virtue of this Act, words importing the singular or plural number\nor the masculine gender shall be read as also importing the plural or\nsingular number or as extending to females as the case requires.\n\n","sortOrder":149},{"sectionNumber":"115","sectionType":"section","heading":"Implied covenants with mortgagees","content":"115 Implied covenants with mortgagees\nIn any memorandum of mortgage and in any memorandum of transfer\nof mortgage where there are more mortgagees or transferees than 1,\nany implied covenant with them shall be deemed to be a covenant\nwith them jointly in equity as well as at law, unless the amount\nsecured is expressed to be secured to them in shares or distinct sums,\nin which latter case the implied covenant with them shall be deemed\nto be a covenant with each severally in respect of the share or distinct\nsum secured to him or her.\n","sortOrder":150},{"sectionNumber":"116","sectionType":"section","heading":"General covenants to be implied in instruments","content":"116 General covenants to be implied in instruments\nIn every instrument creating or transferring any interest in land under\nthis Act there shall be implied a covenant by the party creating or\ntransferring the interest that he or she will do such acts and execute\nsuch instruments as, in accordance with this Act, are necessary to give\neffect to all covenants, conditions and purposes expressly set forth in\nthe instrument, or by this Act declared to be implied against the party\nin instruments of a like nature.\n","sortOrder":151},{"sectionNumber":"117","sectionType":"section","heading":"Transferring of land subject to mortgage, encumbrance","content":"117 Transferring of land subject to mortgage, encumbrance\nor charge to indemnify transferor\n(1) In every instrument, transferring an interest in land under this Act,\nsubject to mortgage or encumbrance, there shall be implied the\nfollowing covenant by the transferee:\nThat the transferee will pay the interest, or annuity, or rent charge\nsecured by the mortgage or encumbrance after the rate and at the time\nspecified in the instrument creating the mortgage or encumbrance,\nand will indemnify and keep harmless the transferor from and against\nthe principal sum secured by the instrument, and from and against all\nliability in respect of any of the covenants therein contained, or by\nthis Act implied on the part of the transferor.\n\n(2) In every instrument transferring an interest in land under this Act\nsubject to a charge securing the payment of an amount to the Territory\nunder section 108B, there shall be implied the following covenant by\nthe transferee:\nThat the transferee will pay to the Territory the amount secured by\nthe charge on the land and will indemnify and keep harmless the\ntransferor against the amount secured by the charge, and from and\nagainst all liability in respect of the failure by the transferor to pay the\namount secured by the charge within the period of 1 month after the\ntransfer.\n","sortOrder":152},{"sectionNumber":"118","sectionType":"section","heading":"Covenant implied in mortgage","content":"118 Covenant implied in mortgage\nIn every memorandum of mortgage there shall be implied against the\nmortgagor a covenant that he or she will keep all buildings or other\nimprovements erected and made upon the land in as good and\nsubstantial repair as they were in at the date of the mortgage, and that\nthe mortgagee may, at all convenient times, until the mortgage is\ndischarged, be at liberty, with or without surveyors or others, to enter\ninto, and upon, the land to view and inspect the state of repair of the\nbuildings and improvements.\n","sortOrder":153},{"sectionNumber":"119","sectionType":"section","heading":"Covenants of lessees","content":"119 Covenants of lessees\n(1) In every memorandum of lease there shall be implied the following\ncovenants by the lessee with the lessor:\n(a) that the lessee will pay the rent thereby reserved at the time\ntherein mentioned:\nProvided, however, that in case the leased premises or any part\nthereof are at any time during the continuance of the lease\ndestroyed or damaged by fire, flood, lightning, storm or tempest\nso as to render the premises unfit for the occupation and use of\nthe lessee, then and so often as the premises or any part thereof\nare so destroyed or damaged, the rent thereby reserved, or a\nproportionate part thereof, according to the nature and extent of\n\nthe damage sustained shall abate, and all or any remedies for\nrecovery of the rent or such proportionate part thereof shall be\nsuspended until the premises have been rebuilt or made fit for\nthe occupation and use of the lessee, and in case of any dispute\narising under this proviso the dispute shall be referred to\narbitration under the laws in force in the ACT relating to\narbitration; and\n(b) that the lessee will at all times during the continuance of the\nlease, keep and, at the termination thereof, yield up the premises\nin good and tenantable repair, having regard to their condition\nat the commencement of the lease, accidents and damage from\nfire, flood, lightning, storm and tempest, and reasonable wear\nand tear excepted.\n(2) This section does not apply to a land sublease.\n","sortOrder":154},{"sectionNumber":"120","sectionType":"section","heading":"Powers in lessor","content":"120 Powers in lessor\n(1) In every memorandum of lease there shall be implied the following\npowers in the lessor:\n(a) that the lessor may by himself or herself or his or her agents,\ntwice in every year during the term at a reasonable time of the\nday upon giving to the lessee 2 days previous notice, enter upon\nthe leased premises and view the state of repair thereof, and may\nserve upon the lessee or leave at his or her last or usual place of\nabode in the ACT or upon the premises, a notice in writing of\nany defect, requiring him or her within a reasonable time, to\nrepair the premises in accordance with any covenant expressed\nor implied in the lease;\n(b) that in default of the lessee repairing any defect according to\nnotice the lessor may from time to time enter the premises and\nexecute the required repairs;\n\n(c) that the lessor may, by himself or herself or his or her agents, at\nall reasonable times during the term, with workers and others\nand all necessary materials and appliances, enter upon the\npremises or any part thereof, for the purpose of complying with\nthe terms of any present or future legislation affecting the\npremises, and of any notices served upon the lessor or lessee by\nany competent authority involving the destruction of a pest, or\nthe carrying out of any repairs, alterations or works of a\nstructural character, which the lessee is not bound, or, if bound,\nneglects to do, and also for the purpose of exercising the powers\nand authorities of the lessor under the lease:\nProvided that the destruction, repairs, alterations and works shall\nbe carried out by the lessor without undue interference with the\noccupation and use of the premises by the lessee;\n(d) that in case the rent or any part thereof is in arrear for the space\nof 1 month (although no formal demand therefor has been\nmade), or in case default is made in the fulfilment of any\ncovenant, condition or stipulation, whether expressed or implied\nin the lease, and on the part of the lessee to be performed or\nobserved, and the default is continued for the space of 2 months,\nor in case the repairs required by a notice served or left in\npursuance of paragraph (a), are not completed within the time\ntherein specified, the lessor may re-enter upon the premises (or\nany part thereof in the name of the whole) and thereby determine\nthe estate of the lessee therein, but without releasing the lessee\nfrom liability in respect of the breach or nonobservance of any\nsuch covenant, condition or stipulation.\n(2) This section does not apply to a land sublease.\npest—see the Biosecurity Act 2023, section 11.\n\n","sortOrder":155},{"sectionNumber":"121","sectionType":"section","heading":"Abbreviated forms of words for covenants in leases","content":"121 Abbreviated forms of words for covenants in leases\nSuch of the covenants set forth in this section as are expressed in any\nmemorandum of lease as to be implied shall, if expressed in the form\nof words in this section appointed and prescribed for the case of each\nsuch covenant respectively, be so implied as fully and effectually as\nif those covenants were set forth fully and in words at length in the\ninstrument:\n(a) the words ‘will insure’ shall imply as follows: will insure, and,\nso long as the term expressed in the lease has not expired, will\nkeep insured, in the name of the lessor, in some public insurance\noffice, to be approved by the lessor, against loss or damage by\nfire, to the full amounts specified in the lease, or, if no amount\nbe specified, then to their full value, all buildings, tenements or\npremises erected on the land which are of a nature or kind\ncapable of being insured against loss or damage by fire, and that\nthe lessee will at the request of the lessor hand over to and\ndeposit with him or her the policy of every such insurance and\nproduce to him or her the receipt and receipts for the annual or\nother premiums payable on account thereof, and also that all\nmoneys to be received under or by virtue of any such insurance\nshall in the event of loss or damage by fire be laid out and\nexpended in making good the loss or damage:\nProvided that if default is made in the observance or\nperformance of the covenant last abovementioned, the lessor\nmay without prejudice to and concurrently with the powers\ngranted him or her by his or her memorandum of lease or by this\nAct provided, insure the building; and the costs and charges of\nthe insurance shall, until the lease expires, be a charge upon the\nland recoverable in like manner as rent in arrear;\n\n(b) the words ‘will paint outside every alternate year’ shall imply as\nfollows: will in every alternate year during the currency of the\nlease, paint all the outside woodwork and ironwork belonging to\nthe hereditaments and premises mentioned in the lease with\n2 coats of proper oil colours in a workmanlike manner;\n(c) the words ‘will paint and paper inside every third year’ shall\nimply as follows: will in every third year during the currency of\nthe lease paint the inside, wood, iron and other works, now or\nusually painted with 2 coats of proper oil colours in a\nworkmanlike manner, and also repaper with paper of a quality\nas at present such parts of the premises as are now papered, and\nalso wash, stop, whiten or colour such parts of the premises as\nare now washed, stopped, whitened or coloured respectively;\n(d) the words ‘will fence’ shall imply as follows: will, during the\ncontinuance of the lease, erect and put up on the boundaries of\nthe land therein mentioned, or upon such boundaries upon which\nno substantial fence now exists, a good and substantial fence;\n(e) the words ‘will cultivate’ shall imply as follows: will, at all times\nduring the lease, cultivate, use and manage all such parts of the\nland therein mentioned as are or shall be broken up or converted\ninto tillage in a proper and husbandmanlike manner, and will not\nimpoverish or waste the land;\n(f) the words ‘that the lessee will not use the premises as a shop’\nshall imply as follows: that the lessee will not convert, use or\noccupy the hereditaments and premises mentioned in the lease\nor any part thereof into or as a shop, warehouse or other place\nfor carrying on any trade or business whatsoever, or permit or\nsuffer the hereditaments and premises or any part thereof to be\nused for any such purpose or otherwise than as a private\ndwelling house without the consent in writing of the lessor;\n\n(g) the words ‘that he or she will not carry on offensive trades’ shall\nimply as follows: that no noxious noisome or offensive art,\ntrade, business, occupation or calling shall, at any time during\nthe term of the lease, be used, exercised, carried on, permitted\nor suffered in or upon the hereditaments and premises\nabovementioned, and that no act, matter or thing whatsoever\nshall, at any time during the term of the lease, be done in or upon\nthe hereditaments and premises or any part thereof which shall\nor may be or grow to the annoyance, nuisance, grievance,\ndamage or disturbance of the occupiers or owners of the\nadjoining lands and hereditaments;\n(h) the words ‘will not without leave assign or sublet’ shall imply\nas follows: will not, during the term of the lease, assign, transfer,\ndemise, sublet or set over, or otherwise by any act or deed\nprocure the lands or premises therein mentioned or any of them\nor any part thereof to be assigned, transferred, demised, sublet\nor set over unto any person whomsoever without the consent in\nwriting of the lessor first had and obtained;\n(i) the words ‘will not cut timber’ shall imply as follows: will not\ncut down, fell, injure or destroy any growing or living timber or\ntimberlike trees standing and being upon the hereditaments and\npremises abovementioned without the consent in writing of the\nlessor.\n","sortOrder":156},{"sectionNumber":"122","sectionType":"section","heading":"Abbreviated form in mortgage","content":"122 Abbreviated form in mortgage\nWhenever in any memorandum of mortgage the mortgagor employs\nthe following form of words, namely, ‘that the mortgagor will insure’\nthat form of words shall imply the following covenant by the\nmortgagor:\nThat the mortgagor will insure, and, so long as the principal money\nand interest secured by the mortgage or any part thereof remains\nunpaid or the term expressed in the mortgage has not expired, will\nkeep insured, in the name of the mortgagee, in some public insurance\n\noffice to be approved by the mortgagee, against loss or damage by\nfire, to the full amounts specified in the mortgage, or, if no amount be\nspecified, then to their full value, all buildings tenements or premises\nerected on the land which are of a nature or kind capable of being\ninsured against loss or damage by fire, and that the mortgagor will at\nthe request of the mortgagee hand over and deposit with the\nmortgagee the policy of every such insurance, and produce to the\nmortgagee receipt and receipts for the annual or other premiums\npayable on account thereof, and also that all moneys to be received\nunder or by virtue of any such insurance, shall, in the event of loss or\ndamage by fire, be laid out and expended in making good such loss\nor damage:\nProvided that if default is made in the observance or performance of\nthe covenants last abovementioned, the mortgagee may, without\nprejudice to and concurrently with the powers granted him or her by\nhis or her memorandum of mortgage or by this Act provided, insure\nthe building; and the costs and charges of the insurance shall, until\nthe mortgage is discharged, be a charge upon the land recoverable in\nlike manner as interest in arrear.\n","sortOrder":157},{"sectionNumber":"123","sectionType":"section","heading":"Pt 11 not to apply to Crown leases","content":"123 Pt 11 not to apply to Crown leases\nThis part shall not apply to Crown leases but shall apply to mortgages\nand subleases of Crown leases.\n","sortOrder":158},{"sectionNumber":"123A","sectionType":"section","heading":"Pt 11 not to apply to residential tenancy agreements","content":"123A Pt 11 not to apply to residential tenancy agreements\nNotwithstanding section 123, this part does not apply to a residential\ntenancy agreement within the meaning of the Residential Tenancies\nAct 1997 to which that Act applies.\n","sortOrder":159},{"sectionNumber":"123B","sectionType":"section","heading":"Pt 11 does not apply to leases under Leases (Commercial","content":"123B Pt 11 does not apply to leases under Leases (Commercial\nand Retail) Act\nDespite section 123, this part does not apply to a lease to which the\nLeases (Commercial and Retail) Act 2001 applies.\n\n","sortOrder":160},{"sectionNumber":"Part 11A","sectionType":"part","heading":"Building management","content":"Part 11A Building management\nstatements\n","sortOrder":161},{"sectionNumber":"123C","sectionType":"section","heading":"Definitions—pt 11A","content":"123C Definitions—pt 11A\n(1) In this part:\nbuilding lessee, for a relevant building—\n(a) means—\n(i) for any part of the building the subject of a units plan under\nthe Unit Titles Act 2001—the owners corporation for the\nunits plan; and\n(ii) for a Crown lease other than a lease for a unit in a units\nplan—each Crown lessee; and\n(b) includes any mortgagee in possession or sublessee of any part of\nthe building.\nbuilding management committee—see section 123F (1) (a).\nbuilding management statement means a statement about how a\nrelevant building, or a proposed building, will be managed between\nthe building lessees.\nregistered building management statement means a building\nmanagement statement registered by the registrar-general under\nsection 123D.\nrelevant building means a building in relation to which more than\n1 Crown lease is granted.\n(2) In this section:\nbuilding—\n(a) means a single building or single set of physically related\nbuildings; and\n\n(b) includes the site on which the building is located and any\ncommon facilities related to the building.\nset of physically related buildings means 2 or more buildings with\nno, or limited, external open space, that—\n(a) are semi-detached; or\n(b) are physically integrated, for example through underground car\nparking or physical overpasses or similar building structures; or\n(c) make use of physically integrated common facilities, for\nexample, lifts and underground parking.\nExamples—open space\n• internal roads\n• lawns and gardens\n","sortOrder":162},{"sectionNumber":"123D","sectionType":"section","heading":"Building management statement may be registered","content":"123D Building management statement may be registered\n(1) A person may apply to the registrar-general for registration of a\nbuilding management statement or an amendment of a registered\nbuilding management statement for a relevant building.\n(2) The registrar-general may only register a building management\nstatement, or an amendment to the statement, if the statement or the\namendment is approved by the territory planning authority under\nsection 123I.\n(3) If the registrar-general registers a building management statement,\nthe registrar-general must register the statement, and any amendment\nto the statement, for each Crown lease to which the statement applies.\n\n(4) On registration of the building management statement for 2 or more\nCrown leases, the lessee under a lease (a benefited lease) has against\nthe lessee under another lease (the burdened lease) the following\neasement rights that are necessary for the reasonable use and\nenjoyment of the benefited lease:\n(a) rights of support, shelter and protection (including rights for\nshelter provided by encroaching eaves, awnings or similar\nstructures)—\n(i) provided by the burdened lease at the time of the\nregistration of the building management statement, or at\nthe time of the latest amendment (if any) of the building\nmanagement statement after its registration; and\n(ii) that will be provided by the burdened lease if the lessee\ncomplies with any building and development provision in\nthe burdened lease;\n(b) rights to utility services, and to their provision by any reasonable\nform of utility conduit (including rights for the collection,\npassage and drainage of rainwater by encroaching eaves, gutters,\ndownpipes or similar structures);\n(c) all ancillary rights necessary to make the rights mentioned in\nparagraphs (a) and (b) effective, including a right of entry by the\nlessee under the benefited lease at all reasonable times on the\nburdened lease for the inspection and maintenance of—\n(i) any structure on the burdened lease; and\n(ii) facilities for any utility service on the burdened lease; and\n(iii) any utility conduit on the burdened lease.\n","sortOrder":163},{"sectionNumber":"123E","sectionType":"section","heading":"Effect of building management statement","content":"123E Effect of building management statement\n(1) A registered building management statement, as amended from time\nto time, has effect as an agreement under seal containing the\ncovenants mentioned in subsection (2) between the building lessees.\n\n(2) The covenants for an agreement mentioned in subsection (1) are\ncovenants by the building lessees to jointly and severally—\n(a) carry out their obligations under the building management\nstatement; and\n(b) permit the carrying out of those obligations.\n(3) The agreement no longer has a binding effect on a person if the person\nis no longer a building lessee.\n(4) Subsection (3) does not prejudice or affect any obligation incurred by\na person, or any right that accrued to a person, under the agreement\nwhile the agreement had effect in relation to the person.\n(5) A registered building management statement has no effect so far as it\nis inconsistent with—\n(a) a condition imposed, before the registration of the statement, on\nany development approval under the Planning Act 2023 relating\nto the building or its site affected by the statement; or\n(b) an environmental authorisation or environment protection order\nunder the Environment Protection Act 1997 relating to the\nbuilding or its site affected by the statement; or\n(c) this or any other territory law.\n","sortOrder":164},{"sectionNumber":"123F","sectionType":"section","heading":"Formal requirements for building management statement","content":"123F Formal requirements for building management statement\n(1) A building management statement must set out the following:\n(a) the establishment of a committee (the building management\ncommittee) consisting of each building lessee;\n(b) the establishment and appointment of office holders for the\nimplementation of the statement;\n(c) the functions of the building management committee and the\noffice holders;\n(d) a process for resolving disputes between the building lessees;\n\n(e) a process for amending the statement;\n(f) the allocation of the costs of shared expenses relating to parts of\nthe building, including the basis for that allocation on a user\npays, lease value or other basis;\n(g) a process for reviewing the allocation of the costs mentioned in\nparagraph (f) to ensure that the allocation of costs remains fair,\nincluding as a minimum—\n(i) at least 1 review every 5 years; and\n(ii) a review as soon as practicable after any change in the\nshared facilities or services or the use of the shared\nfacilities or services;\n(h) if a building lessee is an owners corporation—an arrangement\nto insure the building in accordance with the requirements\nprescribed by regulation;\n(i) an address and process for serving documents on the building\nmanagement committee;\n(j) any other matter relating to the content of the statement\n(2) A building management statement may also include provision for any\nof the following:\n(a) safety and security measures for the building;\n(b) the appointment of a managing agent for the building as a whole;\n(c) measures for the control of unacceptable noise levels consistent\nwith the terms of the leases in relation to which the statement is\nregistered and any noise management plan;\n(d) service contracts for waste and other services;\n(e) an architectural maintenance code to preserve the appearance of\nthe building;\n\n(f) easements for the building;\n(g) the operation, maintenance or renovation of the building\nstructure as a whole including lift wells and utility conduits;\n(h) the operation, maintenance or renovation of the common\nfacilities of the building;\n(i) access to the common facilities of the building;\n(j) insurance for the building in addition to the insurance\narrangement mentioned in subsection (1) (h);\n(k) any other matter related to the management of the building.\n(3) For subsection (1) (h), all building lessees are taken to have an\ninsurable interest in the building to the extent of the replacement\nvalue of the building.\n","sortOrder":165},{"sectionNumber":"123G","sectionType":"section","heading":"Building management committee—procedure","content":"123G Building management committee—procedure\nUnless the building management statement explicitly provides\notherwise, a building management committee must comply with the\nfollowing:\n(a) the committee must meet at least once a year;\n(b) each committee member must be given at least 7 days notice of\nthe scheduled meeting of the committee;\n(c) a meeting of the committee must not proceed without a majority\nof members being present;\n(d) a decision of the committee is valid only if it is a decision of the\nmajority of members present and voting at the meeting where\nthe decision is made;\n(e) any other committee procedure prescribed by regulation.\n\n","sortOrder":166},{"sectionNumber":"123I","sectionType":"section","heading":"Territory planning authority approval of building","content":"123I Territory planning authority approval of building\nmanagement statement\n(1) A person may apply to the territory planning authority for approval\nof a building management statement or an amendment to a registered\nbuilding management statement.\n(2) The territory planning authority must approve the building\nmanagement statement or the amendment if satisfied that—\n(a) the statement, or the statement as amended, provides for each\nmatter mentioned in section 123F (1); and\n(b) the statement relates to a relevant building; and\n(c) for an amendment or a statement that relates to an existing\nrelevant building—\n(i) each building lessee (not including any sublessee) consents\nto the application; or\n(ii) for an amendment—it is required by an order of a court or\nthe ACAT.\n(3) To remove any doubt—\n(a) subsection (2) (a) does not require the territory planning\nauthority to consider the adequacy of any matter provided for in\nthe building management statement or the amendment; and\n(b) an amendment to a registered building management statement is\nnot binding on the building lessees unless it is registered under\nsection 123D.\n\nTrusts Part 12\n","sortOrder":167},{"sectionNumber":"124","sectionType":"section","heading":"No notice of trusts to be entered in register","content":"124 No notice of trusts to be entered in register\n(1) The registrar-general must not make an entry in the register of any\nnotice of trust or declaration of trust in relation to an interest in land,\nwhether express, implied or constructive if the trust creates or affects\nan interest in land.\n(2) Trusts may be declared by any document, which document may\ninclude both, land under this Act, and land that is not under this Act.\n(3) The description of the several parcels of lands contained in the\ndocument shall sufficiently distinguish the land which is under this\nAct from the land which is not under the provisions thereof, and a\nduplicate or an attested copy of the document may be deposited with\nthe registrar-general for safe custody and reference, but shall not be\nregistered.\n(4) When any such document or duplicate or attested copy thereof is so\nlodged, the registrar-general shall forthwith enter in the folio of the\nregister comprising the land referred to in the document a caveat\nforbidding the registration of any instrument not in accordance with\nthe trusts and provisions therein declared and contained so far as\nconcerns the land affected by the document.\n(5) The caveat may be removed on the application of the same person\nand in the same manner as is provided in section 105.\n","sortOrder":168},{"sectionNumber":"125","sectionType":"section","heading":"Grants may be registered although trusts declared","content":"125 Grants may be registered although trusts declared\nNothing in this Act shall be deemed to prevent the registration of any\nCrown grant by reason of the fact that a trust is declared in the grant.\n\n","sortOrder":169},{"sectionNumber":"128","sectionType":"section","heading":"Registrar-general to carry out order of court vesting trust","content":"128 Registrar-general to carry out order of court vesting trust\nestate\n(1) Whenever any person interested in land under this Act, appears to the\ncourt or the judge thereof to be a trustee of the land within the intent\nand meaning of any law or Act relating to trustees then in force in the\nACT, and any order is made in the premises by the court or judge, the\nregistrar-general on being served with an office copy of the order\nshall enter in the register the date of the order, the date and hour of its\nservice and the name and residence of the person in whom the order\npurports to vest the land, and that person shall thereupon be deemed\nto be the registered proprietor of the land.\n(2) Unless and until that entry is made, the order shall have no effect or\noperation in transferring or otherwise vesting the land.\n\nPowers of attorney Part 13\n","sortOrder":170},{"sectionNumber":"Part 13","sectionType":"part","heading":"Powers of attorney","content":"Part 13 Powers of attorney\n","sortOrder":171},{"sectionNumber":"130","sectionType":"section","heading":"Powers of attorney","content":"130 Powers of attorney\n(1) The registered proprietor of any land or interest under this Act may,\nby executing a power of attorney, authorise and appoint a person to\nact for and on his or her behalf in respect of the transfer or other\ndealing with the land or interest in accordance with this Act.\n(2) An instrument executed under a power of attorney must not be\nregistered under this Act unless the power of attorney has been\nregistered under the Registration of Deeds Act 1957.\n\n","sortOrder":172},{"sectionNumber":"132","sectionType":"section","heading":"Transmission by bankruptcy or insolvency","content":"132 Transmission by bankruptcy or insolvency\n(1) Upon the bankruptcy or insolvency of the registered proprietor of any\nland or interest under this Act, the assignee or trustee of the bankrupt\nor insolvent shall be entitled to be registered as proprietor in respect\nof the land or interest.\n(2) The registrar-general, upon the receipt of an office copy of the\nappointment of the assignee or trustee, accompanied by an\napplication in writing under his or her hand to be so registered in\nrespect of any land or interest of the bankrupt or insolvent therein\nspecified and described, shall enter in the register, upon the folio of\nthe register for the land affected, a memorandum notifying the\nappointment of the assignee or trustee.\n(3) Upon the entry being made, the assignee or trustee shall be deemed\nand taken to be the registered proprietor of the interest of the bankrupt\nor insolvent in the land, and shall hold the land or interest subject to\nthe equities upon and subject to which the bankrupt or insolvent held\nthe land or interest, but for the purpose of any dealings with the land\nor interest under this Act the assignee or trustee shall be deemed to\nbe the absolute proprietor thereof.\n","sortOrder":173},{"sectionNumber":"133","sectionType":"section","heading":"Mortgagee of leasehold interest of bankrupt may be","content":"133 Mortgagee of leasehold interest of bankrupt may be\nentered as transferee of lease\n(1) Upon the bankruptcy or insolvency of the registered proprietor of any\nlease subject to mortgage under this Act, the registrar-general, upon\nthe application in writing of the mortgagee accompanied by a\nstatement in writing signed by the assignee or trustee of the bankrupt\nor insolvent certifying his or her refusal to accept the lease, shall enter\nin the register the particulars of the refusal, and the entry shall operate\nas a foreclosure, and the interest of the bankrupt or insolvent in the\nlease shall thereupon vest in the mortgagee.\n\nTransmissions Part 14\n(2) If the mortgagee neglects or declines to make the application\nmentioned in subsection (1), the registrar-general, upon application\nby the lessor, and proof of the neglect or refusal and of the matters\nmentioned in subsection (1), shall enter in the register notice of the\nneglect or refusal of the assignee or trustee to accept the lease, and\nthe entry shall operate as a surrender of the lease.\n","sortOrder":174},{"sectionNumber":"135","sectionType":"section","heading":"Transmission on death of proprietor","content":"135 Transmission on death of proprietor\n(1) On the death of a registered proprietor, the executor, executrix,\nadministrator, administratrix or other person claiming to be entitled\nto be registered as proprietor may apply to the registrar-general to be\nregistered as proprietor of all or part of the interest of that deceased\nproprietor.\n(2) An application shall be supported by—\n(a) evidence of the grant of administration or such other evidence\nof the applicant’s claim as he or she is able to produce; and\n(b) where the applicant claims otherwise than as executor,\nexecutrix, administrator, administratrix or trustee—evidence of\nthe consent of the executor, executrix, administrator,\nadministratrix or trustee of the deceased proprietor, unless the\nregistrar-general dispenses with that consent.\n(3) Where the registrar-general is not satisfied that the evidence provided\nwith an application is sufficient to support the application he or she\nmay request the applicant to produce further specified evidence.\n(4) Where the registrar-general is satisfied, on the basis of the evidence\nproduced under subsection (2) or (3), that the applicant is entitled to\nbe registered as proprietor, the registrar-general shall register the\napplicant as proprietor of the relevant interest.\n\n(5) Where, pursuant to an application, a person is registered as proprietor\nwith the consent of another person given under subsection (2) (b), the\nperson who has given the consent shall be deemed to have become\nregistered as proprietor, immediately before the registration of the\napplicant as proprietor, of the land specified in the application and to\nhave transferred that land to the applicant.\n(6) In this section:\ngrant of administration means—\n(a) a grant of probate, or of letters of administration, under the\nAdministration and Probate Act 1929; or\n(b) a grant of an order to collect and administer under section 88 of\nthat Act; or\n(c) an election to administer under section 87C of that Act; or\n(d) a corresponding grant or election under a law in force in a State\nor another Territory.\n","sortOrder":175},{"sectionNumber":"136","sectionType":"section","heading":"Trusts—protection","content":"136 Trusts—protection\n(1) A person registered as proprietor under section 135 (not being a\nperson entitled beneficially to the relevant interest) shall hold that\ninterest in trust for the persons for whom, and purposes for which,\nthat interest is applicable by law.\n(2) For the purposes of executing any instrument affecting land in respect\nof which a person is registered under section 135, that person shall be\ndeemed to be absolute proprietor.\n","sortOrder":176},{"sectionNumber":"138A","sectionType":"section","heading":"Appointment of new or additional trustees","content":"138A Appointment of new or additional trustees\n(1) Where any land or interest under this Act is held by a trustee, either\nsolely or jointly with other trustees, and—\n(a) the trustee vacates his or her office and a new trustee is\nappointed in his or her place or the vacancy is not filled; or\n\nTransmissions Part 14\n(b) an additional trustee is appointed to hold the land or interest\njointly with the existing trustees;\nthe registrar-general, upon receipt of the instrument effecting the\nvacancy or appointing the new or additional trustee, or of an office\ncopy thereof, or of a copy thereof verified by affidavit, or upon\nproduction of such other evidence as the registrar-general thinks\nsufficient, and upon being satisfied that the vacation of office or the\nnew or additional appointment, as the case may be, is in accordance\nwith law, shall, subject to this Act, enter in the folio of the register for\nthe land, a memorandum setting forth the fact of the vacation of the\noffice or of the new or additional appointment, as the case may\nrequire.\n(2) Upon the entry being made, the new trustee, the continuing trustees,\nor the continuing trustees and the new trustee or the additional trustee,\nas the case may be, shall be deemed to be the registered proprietor or\nproprietors of the land or interest, and as such to be subject to this Act\nas if he or she or they were the trustee or trustees originally registered\nas proprietor or proprietors of the land or interest.\ntrustee includes an assignee or trustee of a bankrupt or insolvent\nregistered proprietor, and an executor or administrator of the estate of\na deceased proprietor.\n","sortOrder":177},{"sectionNumber":"138B","sectionType":"section","heading":"Registration of declaration by executor","content":"138B Registration of declaration by executor\nAny instrument by which an executor declares that he or she holds as\ntrustee or beneficiary, as the case may be, may be registered by the\nregistrar-general and the registrar-general shall, after such evidence\nis given as he or she requires, and after notice is given to such persons\nas he or she directs, enter, vary, or withdraw caveats, as the case\nrequires, and make such entry in the register as is necessary.\n\n","sortOrder":178},{"sectionNumber":"139","sectionType":"section","heading":"Determination of fees, charges and other amounts","content":"139 Determination of fees, charges and other amounts\n(1) The Minister may determine fees, charges or other amounts for the\nfollowing Acts or in relation to the exercise of a function of the\nregistrar-general relating to the register that is not expressly provided\nfor in any of the following Acts:\n(a) this Act;\n(b) the Community Title Act 2001;\n(c) the Districts Act 2002;\n(d) the Duties Act 1999;\n(e) the Land Titles (Unit Titles) Act 1970;\n(f) the Retirement Villages Act 2012.\nExamples—matters for which the Minister may determine fees etc\n1 Lodgment of any document affecting land, or any other document, whether or\nnot expressly provided for in any Act.\n2 Issue or acceptance of any document or form (whether approved or otherwise)\nby the registrar-general in the exercise of a function of the registrar-general in\nrelation to the register, whether or not the function is expressly provided for in\nany Act.\n3 Inspection of the register.\n4 Inspection of a document held by the registrar-general that affects land.\n5 Examination by the registrar-general of a document printed without the\nregistrar-general’s seal.\n(2) A determination is a disallowable instrument.\n","sortOrder":179},{"sectionNumber":"140","sectionType":"section","heading":"Approved forms","content":"140 Approved forms\n(1) The registrar-general may approve forms for the following Acts:\n(a) this Act;\n\nFees and forms Part 15\n(b) the Community Title Act 2001;\n(c) the Duties Act 1999;\n(d) the Land Titles (Unit Titles) Act 1970;\n(e) the Retirement Villages Act 2012.\n(2) Without limiting subsection (1), the registrar-general may, in writing,\napprove forms for any document (including an application and a\nmemorandum) that may be registered or entered on the register,\nwhether or not the registration or entry is expressly provided for in\nthis or any other Act.\n(3) If the registrar-general approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(4) An approved form is a notifiable instrument.\n\n","sortOrder":180},{"sectionNumber":"143","sectionType":"section","heading":"Damages in certain cases","content":"143 Damages in certain cases\nIn any case where a person against whom proceedings have been\ntaken under section 154—\n(a) ceases, under section 154 (5), to be liable for the payment of\ndamages; or\n(b) being liable for damages under that section, is dead, bankrupt or\ninsolvent, or cannot be found within the jurisdiction;\nthe damages with costs of action may be recovered by action against\nthe Territory.\n","sortOrder":181},{"sectionNumber":"144","sectionType":"section","heading":"Damages and costs to be paid by Territory","content":"144 Damages and costs to be paid by Territory\nIf in any action under section 143 or 155 the plaintiff recovers final\njudgment against the Territory, the court before which the action is\ntried shall certify the fact of the judgment and the amount of damages\nand costs recovered, and the amount of the damages and costs shall\nbe paid by the Territory to the person recovering them.\n","sortOrder":182},{"sectionNumber":"145","sectionType":"section","heading":"Moneys paid by Territory may be recovered against","content":"145 Moneys paid by Territory may be recovered against\nestate of deceased or bankrupt person\n(1) Whenever any amount has been paid by the Territory on account of\nany person who is dead, that amount may be recovered by the\nTerritory from the estate of that person by action against his or her\npersonal representatives.\n\n(2) Whenever any such amount has been paid on account of a person who\nis insolvent or bankrupt, the amount so paid shall be considered to be\na debt due from the estate of the insolvent or bankrupt and a certificate\nsigned by a person thereto authorised in writing by the Minister\ncertifying the fact of the payment and delivered to the official\nassignee or trustee of the insolvent or bankrupt shall be sufficient\nproof of the debt.\n","sortOrder":183},{"sectionNumber":"146","sectionType":"section","heading":"Where person liable is out of jurisdiction","content":"146 Where person liable is out of jurisdiction\n(1) Whenever any amount has been paid by the Territory, on account of\nany person who has absconded or who cannot be found within the\njurisdiction and has left any real or personal estate within the\njurisdiction the court or the judge thereof, upon the application of a\nperson thereto authorised in writing by the Minister and upon the\nproduction of a certificate signed by the person so authorised\ncertifying that the amount has been paid in satisfaction of a judgment\nagainst the Territory may allow the Territory to sign judgment against\nthat person forthwith for the amount so paid together with the costs\nof the application.\n(2) The judgment shall be final and signed in like manner as a final\njudgment by confession or default in an adverse suit, and execution\nmay issue immediately.\n(3) If the person against whom judgment has been signed has not left real\nor personal estate within the jurisdiction sufficient to satisfy the\namount for which execution has been issued under subsection (2), the\nTerritory may recover the amount or the unrecovered balance thereof\nby action against that person at any time thereafter when he or she is\nwithin the jurisdiction.\n\n","sortOrder":184},{"sectionNumber":"147","sectionType":"section","heading":"Territory only liable in certain cases","content":"147 Territory only liable in certain cases\nThe Territory shall not, under any circumstances, be liable for\ncompensation for any loss, damage or deprivation occasioned—\n(a) by the breach by a registered proprietor of any trust whether\nexpress, implied or constructive; or\n(b) by any land being included in the same entry in the folio of the\nregister with other land through misdescription of boundaries or\nparcels of any land, unless it is proved that the person liable for\ncompensation and damages is dead or has absconded or is\ninsolvent or bankrupt, or the proper officer of the court certifies\nthat that person is unable to pay the full amount awarded in any\naction for recovery of the compensation and damages.\n","sortOrder":185},{"sectionNumber":"148","sectionType":"section","heading":"Proprietor may summon registrar-general to show cause","content":"148 Proprietor may summon registrar-general to show cause\nif dissatisfied\n(1) If, upon the application of any proprietor to have land brought under\nthis Act, or to have any dealing or transmission registered or recorded,\nor to have any certificate of title, foreclosure, order, instrument or\ndocument issued, or to have any act or duty done or performed which,\nby this Act or the regulations, is required to be done or performed by\nthe registrar-general, the registrar-general refuses so to do, or if the\nproprietor is dissatisfied with the direction upon his or her application\ngiven by the registrar-general as in the foregoing provisions of this\nAct provided, the proprietor may require the registrar-general to set\nforth in writing under his or her hand the grounds of his or her refusal\nor the grounds upon which the direction was given, and the proprietor\nmay, if he or she think fit, summon the registrar-general to appear\nbefore the court to substantiate and uphold the grounds of his or her\nrefusal or of the direction, as the case may be.\n\n(2) The summons shall be issued under the hand of the judge of the court\nand served upon the registrar-general 6 clear days at least before the\nday appointed for hearing the complaint of the proprietor, and upon\nthe hearing the registrar-general or his or her legal practitioner shall\nhave the right of reply.\n(3) The court shall, if any question of fact be involved, direct an issue to\nbe tried to decide the fact, and the court shall thereupon make such\norder in the premises as in its judgment the circumstances of the case\nrequire, and the registrar-general shall obey the order.\n","sortOrder":186},{"sectionNumber":"149","sectionType":"section","heading":"Special case when applicant dissatisfied with objection of","content":"149 Special case when applicant dissatisfied with objection of\nregistrar-general\n(1) If any objection to the title of land sought to be brought under this Act\nis made by the registrar-general, which the applicant deems not well\nfounded, he or she may state a case for the decision of the court.\n(2) The decision of the court shall be binding upon the registrar-general,\nbut shall not affect the claim of any person under section 143 or 155,\nor the right of the applicant to proceed under section 148.\n(3) To every such case there shall be annexed such observations as the\nregistrar-general thinks proper to make.\n","sortOrder":187},{"sectionNumber":"150","sectionType":"section","heading":"Registrar-general may state case for court","content":"150 Registrar-general may state case for court\nThe registrar-general, whenever any question arises with regard to the\nperformance of any duties or the exercise of any of the functions by\nthis Act conferred or imposed upon him or her, may state a case for\nthe opinion of the court, and thereupon the court may give its\njudgment thereon, and that judgment shall be binding upon the\n\n","sortOrder":188},{"sectionNumber":"151","sectionType":"section","heading":"Costs of proceedings","content":"151 Costs of proceedings\nThe court may make such order as it thinks just as to the costs and\nexpenses of and attendant upon any summons or proceeding under\nsection 148, 149 or 150, and all costs and expenses to be paid by the\nregistrar-general under the order shall be paid by the Territory.\n","sortOrder":189},{"sectionNumber":"152","sectionType":"section","heading":"Registered proprietor protected against ejectment except","content":"152 Registered proprietor protected against ejectment except\nin certain cases\n(1) No action of ejectment or other action for the recovery of any land\nshall lie or be sustained against the person registered as proprietor\nthereof under this Act, except in any of the following cases:\n(a) the case of a mortgagee as against a mortgagor in default;\n(b) the case of an encumbrancee as against an encumbrancer in\ndefault;\n(c) the case of the Territory as against the person registered as\nproprietor of the land if the land is subject to a charge by reason\nof section 108B and the person is in default in payment of the\nwhole or any part of the amount secured by the charge;\n(d) the case of a lessor as against a lessee in default;\n(e) the case of a person deprived of any land by fraud as against the\nperson registered as proprietor of the land through fraud, or as\nagainst a person deriving otherwise than as a transferee bona\nfide for value from or through a person so registered through\nfraud;\n(f) the case of a person deprived of, or claiming, any land included\nin the register as an interest in other land by misdescription of\nthat other land, or of its boundaries, as against the registered\nproprietor of that other land not being a transferee thereof bona\nfide for value;\n\n(g) the case of a registered proprietor claiming under a title prior in\ndate of registration under this Act, in any case in which 2 or\nmore interests may be registered under this Act in respect of the\nsame land.\n(2) In any case, other than those mentioned in subsection (1), the\nproduction of a current certified extract from the register showing all\ninterests affecting the land, shall be held in every court to be an\nabsolute bar and estoppel to any such action against the person named\nin the document or instrument as seized of or as registered proprietor\nor lessee of the land therein described, any rule of law or equity to the\ncontrary notwithstanding.\n","sortOrder":190},{"sectionNumber":"153","sectionType":"section","heading":"In case of ejectment of defendant who has made","content":"153 In case of ejectment of defendant who has made\nimprovements their value may be assessed\n(1) Whenever an action is brought against a registered proprietor in either\nof the last 2 cases excepted in section 152, if the defendant or any\nperson through whom he or she claims has made improvements on\nthe land since obtaining a registered title thereto, then, whether he or\nshe admits or denies the plaintiff’s title, he or she may plead the fact\nof the improvements being made, and may set a value thereon, and\nalso on the land as distinct therefrom, and also give evidence thereof\nat the trial.\n(2) If the court finds for the plaintiff or the plaintiff’s title is admitted, the\ncourt must assess the value of the claimed improvements, and must\nalso separately assess the value that the land would have had if the\nimprovements had not been made.\n(3) No writ of possession shall issue in any such case unless the plaintiff\nfirst pays into court for the use of the defendant the value of the\nimprovements so assessed, deducting only the costs (if any) to which\nhe or she is entitled in the action.\n\n(4) If the plaintiff fails to make that payment within 3 months after\nverdict, the judgment to which he or she is entitled shall thereafter be\nlimited to the sum separately assessed, as the value of the land\ntogether with costs of suit, and the defendant shall upon satisfaction\nthereof be entitled to retain the land and improvements.\n(5) In every case in which the defendant is entitled to indemnity from the\nTerritory, the Territory shall be made a codefendant, and may defend\nthe action either severally or jointly, or may leave the defence wholly\nto the Territory, as he or she thinks fit.\n(6) In no case shall the Territory be liable to the principal defendant for\nany greater damages than he or she actually sustains as the result of\nthe action, after using all reasonable diligence in the defence thereof.\n","sortOrder":191},{"sectionNumber":"154","sectionType":"section","heading":"Compensation for party deprived of land","content":"154 Compensation for party deprived of land\n(1) Any person deprived of land or of any interest in land—\n(a) in consequence of fraud; or\n(b) through the bringing of the land under this Act; or\n(c) by the registration of any other person as proprietor of the land\nor interest; or\n(d) in consequence of any error, omission or misdescription in any\ngrant or in any entry or memorial in the register;\nmay bring and prosecute an action for the recovery of damages.\n(2) The action shall, in any case in which the land has been included in 2\nor more grants, be brought and prosecuted against the Territory.\n(3) The action shall in any other case, but subject to subsections (4) and\n(5), be brought and prosecuted against the person—\n(a) upon whose application the land was brought under this Act; or\n(b) upon whose application the erroneous registration was made; or\n\n(c) who acquired title to the interest in question through the fraud,\nerror, omission or misdescription.\n(4) In every case in which the fraud, error, omission or misdescription\noccurs upon a transfer for value, the transferor receiving the value\nshall be regarded as the person upon whose application the transfer\nwas made to the transferee.\n(5) Except in the case of fraud or of error occasioned by any omission,\nmisrepresentation or misdescription in his or her application, or in any\ninstrument executed by him or her, the person upon whose application\nthe land was brought under this Act, or the erroneous registration was\nmade, shall, upon a transfer of the land bona fide for value, cease to\nbe liable for the payment of any damages which might have been\nrecovered from him or her under this section.\n","sortOrder":192},{"sectionNumber":"155","sectionType":"section","heading":"When actions may lie against registrar-general as","content":"155 When actions may lie against registrar-general as\nnominal defendant\nAny person sustaining loss or damages through any omission,\nmistake or misfeasance of the registrar-general or any of his or her\nofficers or clerks in the execution of their respective duties under this\nAct, or by the registration of any other person as proprietor of land,\nor by any error, omission or misdescription in any grant or any entry\nor memorial in the register, and who by this Act is barred from\nbringing an action of ejectment or other action for the recovery of the\nland or interest may, in any case in which the remedy by action for\nrecovery of damages as provided in this part is inapplicable, bring an\naction against the Territory for recovery of damages.\n","sortOrder":193},{"sectionNumber":"156","sectionType":"section","heading":"Notice of action","content":"156 Notice of action\n(a) there is a proceeding against the Territory to recover damages\nunder section 143 (Damages in certain cases) or section 155\n(When actions may lie against registrar-general as nominal\ndefendant); and\n\n(b) either—\n(i) judgment is given for the defendant; or\n(ii) the plaintiff ends the proceeding.\n(2) The plaintiff is liable to pay the defendant’s full costs of defending\nthe proceeding.\n","sortOrder":194},{"sectionNumber":"158","sectionType":"section","heading":"Registrar-general not to be liable for acts done bona fide","content":"158 Registrar-general not to be liable for acts done bona fide\nThe Territory or the registrar-general shall not, nor shall any person\nacting under its or his or her authority, be liable to any action, suit or\nproceeding for or in respect of any act or matter bona fide done or\nomitted to be done under this Act.\n","sortOrder":195},{"sectionNumber":"159","sectionType":"section","heading":"Purchasers and mortgagees protected","content":"159 Purchasers and mortgagees protected\nNothing in this Act shall be so interpreted as to leave subject to action\nfor recovery of damages, as provided in this part, or to action of\nejectment, or to deprivation of the interest in respect of which he or\nshe is registered proprietor, any purchaser or mortgagee bona fide for\nvaluable consideration of land under this Act on the plea that his or\nher vendor or mortgagor was registered as proprietor, or procured the\nregistration of the transfer or mortgage to the purchaser or mortgagee,\nthrough fraud or error, or has derived from or through a person\nregistered as proprietor through fraud or error, and this whether the\nfraud or error consists in wrong description of the boundaries or of\nthe parcels of any land or otherwise howsoever.\n\nCorrections and alterations Part 17\n","sortOrder":196},{"sectionNumber":"160","sectionType":"section","heading":"Correction of errors","content":"160 Correction of errors\n(1) The registrar-general may—\n(a) on application by the registered proprietor of an interest in land\nor the registered proprietor’s legal practitioner; and\n(b) subject to any order of the court;\ncorrect an error in the register in accordance with subsection (5).\n(2) Where the register is found to contain an error that is an accidental\nslip or omission, the registrar-general shall—\n(a) subject to any order of the court, correct the register in\naccordance with subsection (5); or\n(b) where he or she considers it necessary—\n(i) notify each person who appears from the register to have\nan interest in the land to which the error relates, that the\nregistrar-general intends to make a specified correction\nafter a specified date, being a date not less than 14 days\nafter the date of the notice; and\n(ii) request that person’s consent or other comment in relation\nto the making of the correction.\n(3) A person notified under subsection (2) (b) may apply, within 14 days\nof the date of the notice, to the court for an order directing the\nregistrar-general not to make the correction.\n(4) Where the registrar-general takes action under subsection (2) (b), he\nor she may, subject to any order of the court, correct the register in\naccordance with subsection (5) after considering any response\nprovided under subsection (2) (b) (ii).\n\n(5) A correction shall—\n(a) be made in such a manner as to preserve the record and show\nthat a correction has been made and the date on which it was\nmade; and\n(b) be authorised by the registrar-general.\n(6) No correction shall be made under this section that would affect rights\nacquired by an entry in the register in reliance on the uncorrected\nregister.\n(7) The registrar-general may apply to the court for directions in relation\nto a possible error in the register.\n","sortOrder":197},{"sectionNumber":"161","sectionType":"section","heading":"Power of court","content":"161 Power of court\n(1) In any proceedings in which the correctness or otherwise of the\nregister is in issue, the court may require the registrar-general to\ncorrect the register or direct the registrar-general not to do so.\n(2) In any proceedings in the court in relation to—\n(a) any land; or\n(b) any transaction, contract or application relating to land; or\n(c) any instrument, memorial or other entry affecting land;\nthe court may, by order, direct the registrar-general—\n(d) to correct, record, substitute, issue or cancel any certificate or\nmemorial, or to correct, record, substitute, make or cancel any\nentry in the register, notwithstanding that the relevant duplicate\ncertificate has not been produced to the registrar-general; or\n(e) otherwise to do any acts and make any entries that are necessary\nto give effect to any judgment or order of the court given or\nmade in those proceedings;\nand the registrar-general shall give effect to such a direction.\n\nCorrections and alterations Part 17\n(3) An order made under subsection (2) is not effective to vest a\nregistrable interest in any person before the appropriate entry is made\n","sortOrder":198},{"sectionNumber":"162A","sectionType":"section","heading":"Amend or alter name or address entered in register","content":"162A Amend or alter name or address entered in register\nThe registrar-general shall—\n(a) on receipt of a written request made by a person whose name is\nentered in the register or his or her legal practitioner; and\n(b) on production of any further evidence required by the\nregistrar-general;\namend or alter the name or address entered in the register in relation\nto that person.\n\n","sortOrder":199},{"sectionNumber":"165","sectionType":"section","heading":"Offence for certain fraudulent acts","content":"165 Offence for certain fraudulent acts\n(1) If any person—\n(a) fraudulently procures, assists in fraudulently procuring or is\nprivy to the fraudulent procuring of any instrument, or of any\nentry in the register, or of any erasure or alteration in any entry\nin the register, or in any instrument or form issued, approved or\notherwise sanctioned by the registrar-general; or\n(b) fraudulently uses, assists in fraudulently using, or is privy to the\nfraudulent using of any form purporting to be approved or\notherwise sanctioned by the registrar-general; or\n(c) knowingly misleads or deceives any person authorised by this\nAct to demand explanation or information in respect of any land\nor the title to any land which is the subject of any application to\nbring the land under this Act, or in respect of which any dealing\nor transmission is proposed to be registered or recorded; or\n(d) knowingly makes any false statement in any document produced\nto the registrar-general;\nhe or she commits an offence.\nMaximum penalty:\n(a) for paragraph (a)—100 penalty units, imprisonment for 1 year\nor both; or\n(b) for paragraph (b), (c) or (d)—50 penalty units, imprisonment for\n6 months or both.\n(2) Any instrument, entry, erasure or alteration so procured or made by\nfraud, shall be void as between all parties or privies to the fraud.\n\n","sortOrder":200},{"sectionNumber":"166","sectionType":"section","heading":"Conviction not to affect civil remedy","content":"166 Conviction not to affect civil remedy\nNo proceeding in respect of or conviction of any offence under this\nAct shall affect any remedy to which any person aggrieved or injured\nby the offence may be entitled against the person who has committed\nthe offence, or against his or her estate.\n","sortOrder":201},{"sectionNumber":"167","sectionType":"section","heading":"Prosecutions and recovery of penalties","content":"167 Prosecutions and recovery of penalties\nExcept where otherwise expressly provided in this Act, all offences\nagainst this Act may be prosecuted, and all penalties or sums of\nmoney imposed or declared to be due or owing by or under this Act\nmay be sued for and recovered, in the name of the registrar-general\nbefore any court having jurisdiction for punishment of offences of the\nlike nature or for the recovery of penalties or sums of money of the\nlike amount.\n","sortOrder":202},{"sectionNumber":"168A","sectionType":"section","heading":"Document bearing imprint of seal of registrar-general","content":"168A Document bearing imprint of seal of registrar-general\n(1) A person shall not cause to be printed a document bearing a\nrepresentation of the imprint of the seal of the registrar-general except\nwith the approval of the registrar-general.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) An approval referred to in subsection (1) shall be in writing and shall\nspecify the contents of the document to which the approval relates\nand the number of copies of the document that the person may print.\n\n","sortOrder":203},{"sectionNumber":"170","sectionType":"section","heading":"Sales by order of court etc","content":"170 Sales by order of court etc\n(1) No writ of fieri facias or other writ of execution shall bind, charge or\naffect any land or interest under this Act, but whenever any land or\nany interest in land under this Act is seized or sold under any\ndirection, decree or order of the court the registrar-general, on being\nserved with an office copy of the writ, direction, decree or order, as\nthe case may be, shall enter in the folio of the register relating to that\nland or interest the date of the writ, direction, decree or order, and the\ndate and hour of the production thereof.\n(2) After the entry the person authorised by the court to seize or sell the\nland or interest shall do such acts and execute such instruments as\nunder this Act are necessary to transfer or otherwise to deal with the\ninterest.\n(3) Unless and until the entry has been made no such writ shall bind or\naffect any land under this Act or any interest therein, nor shall any\nsale or transfer thereunder be valid as against a purchaser or\nmortgagee notwithstanding the writ was actually in the hands of the\nproper officer of the court at the time of any purchase or mortgage, or\nnotwithstanding the purchaser or mortgagee had actual or\nconstructive notice of the issue of the writ.\n(4) Subsection (3) applies to and in relation to land subject to a charge\nsecuring the payment of an amount to the Territory under section\n108B in the same manner and to the same extent as if the notice of\nthe determination made under the Rates and Land Rent (Relief)\nAct 1970, section 3 in respect of the land were a mortgage securing\nthe payment to the Territory of an amount equal to the amount for the\ntime being secured by the charge.\n(5) Upon production to the registrar-general of sufficient evidence of the\nsatisfaction of any writ so entered, he or she shall enter in the register\na memorandum to that effect, and the writ shall be deemed to be\nsatisfied accordingly.\n\n(6) No writ of execution shall bind any land under this Act, nor shall any\ntransfer on a sale of the land under the writ be registered, unless a true\ncopy of the writ is served on the registrar-general within 6 months\nfrom the teste date of the writ, or date of any renewal thereof, for the\npurpose of making the entries described in this section.\n(7) Every such writ shall be deemed to have lapsed unless it is executed\nand put in force within 3 months from the day on which it was entered\n(8) In this section:\nwrit of execution means a writ or warrant of execution after judgment\nin any court, and includes an enforcement order under the rules under\nthe Court Procedures Act 2004.\n","sortOrder":204},{"sectionNumber":"170A","sectionType":"section","heading":"Surrender and regrant of lease of land affected by writ","content":"170A Surrender and regrant of lease of land affected by writ\n(1) This section applies, subject to any order of the court, if—\n(a) in relation to a writ of fieri facias or other writ of execution, an\nentry has been made in the register in relation to land; and\n(b) the lease of the land is surrendered by the lessee and a new lease\nof the land comprised in the surrendered lease is granted to the\nlessee.\n(2) The operation or effect of the writ is not affected by surrender of the\nlease and the grant of the new lease.\n(3) The registrar-general must make an entry in the register, in relation to\nthe writ, in relation to the new lease.\nwrit of execution means a writ or warrant of execution after judgment\nin any court, and includes an enforcement order under the rules under\nthe Court Procedures Act 2004.\n\n","sortOrder":205},{"sectionNumber":"171","sectionType":"section","heading":"Conditions of sale of land under Act","content":"171 Conditions of sale of land under Act\n(1) Under a contract for the purchase of land under this Act the purchaser\nshall be entitled, at the cost of the vendor—\n(a) to receive from the vendor sufficient particulars of title to enable\nhim or her to prepare the appropriate instrument to give effect to\nthe contract; and\n(b) to receive from the vendor an abstract of any document or\ninstrument forming part of the vendor’s title in respect of which\na caveat is entered upon the register; and\n(c) to have any objection to the registration of the instrument\nremoved by the vendor:\nProvided that, as to any such objection which the purchaser\nought to have raised on the particulars or abstract, or upon the\ninvestigation of the title, or which arises from his or her own act,\ndefault or omission, he or she shall not be entitled to have it\nremoved except at his or her own cost.\n(2) This section applies only if and as far as a contrary intention is not\nexpressed in the contract, and shall have effect subject to the terms of\nthe contract, and to the provisions therein contained.\n","sortOrder":206},{"sectionNumber":"173","sectionType":"section","heading":"Attesting of instruments","content":"173 Attesting of instruments\nAn instrument executed under this Act shall be attested by 1 witness,\nbeing an adult who is not a party to the dealing.\n\n","sortOrder":207},{"sectionNumber":"178","sectionType":"section","heading":"Service of notices","content":"178 Service of notices\n(1) The registrar-general shall cause a copy of each notice required by\nthis Act to be served on, or given or sent to, a person, to be filed with\na memorandum of the notice having been so served, given or sent and\nthe memorandum shall be sufficient proof that the notice was duly\nserved, given or sent.\n(2) When all reasonable efforts have been made to serve, give or send a\nnotice on or to a person in accordance with this Act and the person\ncannot be located, or the registered letter containing the notice has\nbeen returned, the registrar-general may—\n(a) cause a further notice to be served, given or sent; or\n(b) cause substituted service to be effected; or\n(c) proceed without notice.\n","sortOrder":208},{"sectionNumber":"178A","sectionType":"section","heading":"Registrar-general may collect information","content":"178A Registrar-general may collect information\n(1) This section applies to information the Territory is required to provide\nto the commissioner for taxation under the Taxation Administration\nAct 1953 (Cwlth), schedule 1, section 396-55.\nNote Under that section, the Territory must give the commissioner for taxation\ninformation about the transfer of a freehold or leasehold interest in real\nproperty situated in the Territory.\n(2) The registrar-general is authorised to—\n(a) collect the information; and\n(b) give the information to the Commissioner for Taxation under the\nTaxation Administration Act 1953 (Cwlth), section 4.\n(3) The registrar-general must not include on the register any information\nthat is collected only under this section.\n(4) The registrar-general must not keep any information collected under\nthis section for longer than 5 years.\n\n","sortOrder":209},{"sectionNumber":"178B","sectionType":"section","heading":"Registrar-general must give information about certain","content":"178B Registrar-general must give information about certain\ntransactions and instruments to revenue commissioner\n(1) This section applies if any of the following transactions or\ninstruments are lodged, or are required to be lodged, for registration:\n(a) a transfer of dutiable property;\n(b) a grant of a Crown lease;\n(c) a grant of a declared land sublease;\n(d) a transaction or instrument prescribed by regulation.\n(2) The registrar-general is authorised to collect the following\ninformation in relation to the transaction or instrument:\n(a) the date any agreement in relation to the transaction or\ninstrument was first executed;\n(b) the date any agreement in relation to the transaction or\ninstrument was completed;\n(c) the date the transaction or instrument was executed;\n(d) the date the transaction or instrument was registered;\n(e) the name of the person lodging the transaction or instrument for\nregistration;\n(f) the dutiable value of the property that is the subject of the\ntransaction or instrument;\n(g) the location of the property;\n(h) whether the property is vacant land or land with improvements;\n(i) whether the property is or will be used for commercial purposes,\nresidential purposes or the purposes of primary production;\n(j) the purchaser’s name;\n\n(k) the kind of purchaser the entity is;\nExamples—entity\ntrust, trustee, corporation, individual, government\n(l) if the purchaser is an individual (including an individual that is\na trustee)—\n(i) the purchaser’s date of birth; and\n(ii) the purchaser’s citizenship; and\n(iii) if the purchaser is not an Australian citizen—whether the\npurchaser holds a visa allowing them to reside in Australia\nunder the Migration Act 1958 (Cwlth); and\n(iv) the prescribed details for each document used to verify the\npurchaser’s identity in accordance with the verification of\nidentity rules as in force at the time of verification;\n(m) if the purchaser is a trustee—\n(i) the name of the trust administered by the purchaser; and\n(ii) if the trust has an ABN—the trust’s ABN;\n(n) if the purchaser is a corporation (including a corporation that is\na trustee)—\n(i) the place where the purchaser is incorporated; and\n(ii) the place where the purchaser is registered; and\n(iii) if the purchaser is incorporated in Australia—\nthe purchaser’s ACN and ABN; and\n(iv) if the purchaser is a foreign company—any unique\nidentifying number given to the company for\nidentification;\n(o) whether the purchaser holds the property as a joint tenant, tenant\nin common, sole proprietor or tenant in common in unequal\nshares;\n\n(p) the name of the vendor, transferor or lessor;\n(q) the GST payable in relation to the transaction or instrument;\n(r) the percentage of the interest in the property that is transferred\nto the purchaser;\n(s) whether the purchaser has applied, or intends to apply, for\ndeferred duty under the Duties Act 1999, section 75AB;\n(t) details of any concessions or exemptions from duty applying to\nthe transaction or instrument;\n(u) the following details for the purchaser:\n(i) a telephone number;\n(ii) an email address;\n(iii) a home address or other address for service of notices by\nthe commissioner for revenue;\n(v) if the purchaser has an agent—the agent’s name and email\naddress;\n(w) any other information prescribed by regulation.\n(3) The registrar-general must give any information collected under\nsubsection (2) to the commissioner for revenue.\nNote The Territory privacy principles apply to the registrar-general and the\ncommissioner for revenue (see Information Privacy Act 2014, sch 1).\n(4) The registrar-general must not include in the register information that\nis collected only under this section.\nNote Some information mentioned in s (2) that is collected under other\nprovisions of this Act may be included in the register.\n\ncommercial lease with premium—see the Duties Act 1999,\nsection 6A.\ncommercial purposes—see the Duties Act 1999, section 6.\ndeclared land sublease—see the Planning Act 2023, section 365 (1).\ndutiable property—see the Duties Act 1999, section 10.\ndutiable value—see the Duties Act 1999, section 20.\nfirst executed, for an instrument—see the Duties Act 1999,\nsection 243.\nforeign company—see the Corporations Act, section 9.\nincorporated in Australia, in relation to a purchaser that is a\ncorporation—see the Corporations Act, section 9.\nprimary production—see the Duties Act 1999, section 6.\npurchaser, in relation to a transaction or instrument mentioned in\nsubsection (1), means a purchaser, transferee or lessee.\n","sortOrder":210},{"sectionNumber":"178C","sectionType":"section","heading":"Expiry of provisions","content":"178C Expiry of provisions\nThis section and section 72D (1) (b) expire on the day the Planning\nAct 2023, section 282 (Restriction on transfer, assignment and parting\nwith possession—certain University of NSW leases) expires.\nNote See the Planning Act 2023, s 521 (Expiry of University of NSW lease\nprovisions).\n","sortOrder":211},{"sectionNumber":"179","sectionType":"section","heading":"Regulation-making power","content":"179 Regulation-making power\nThe Executive may make regulations for this Act.\n\n","sortOrder":212},{"sectionNumber":"180","sectionType":"section","heading":"Savings of titles with words ‘no survivorship’ endorsed","content":"180 Savings of titles with words ‘no survivorship’ endorsed\nDespite the repeal of sections 126 and 127 of this Act made by the\nLand Titles (Amendment) Act 1995, section 126 (2) (so far as it\nrequires the sanction of the court or the judge for any dealings) and\nsection 127 continue to apply to a registered title that on 19 June 1996\nhad the words ‘no survivorship’ endorsed on it.\n\n","sortOrder":213},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":null,"content":"Schedule 1\nTransitional Part 20\nSchedule 1\n(see s 81)\nCreation of right of carriageway in transfer of freehold land\nTogether with full and free right and liberty to and for the transferee\nhereunder and to and for the registered proprietor or proprietors for\nthe time being of the land hereby transferred or any part thereof, and\nhis or her tenants, servants, agents, workers and visitors to go, pass\nand repass at all times hereafter and for all purposes and either with\nor without horses or other animals, carts or other carriages into and\nout of and from the said land or any part thereof through, over and\nalong the road or way or several roads or ways delineated and\ncoloured brown on the said map.\nCreation of right of carriageway in lease of land\nTogether with full and free right and liberty to and for the said lessee\nand his or her transferees and his or her tenants, servants, agents,\nworkers and visitors to go, pass and repass at all times hereafter\nduring the continuance of this lease and for all purposes and either\nwith or without horses or other animals, carts or other carriages into\nand out of and from the said land or any part thereof, through, over\nand along the road or way or several roads or ways delineated and\ncoloured brown on the said map.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• change\n• civil partnership\n• civil union\n• Commonwealth\n• corporation\n• Corporations Act\n• estate\n• exercise\n• fail\n• function\n• GST\n• home address\n• instrument (see s 14)\n• interest\n• land\n• penalty unit (see s 133)\n• registrar-general\n• territory lease\n• territory planning authority\n• under.\nadministrative interest—see section 69A.\nauthorised entity, for part 8A (Record of administrative interests)—\nsee section 69B.\n\nbuilding lessee, for a relevant building, for part 11A (Building\nbuilding management committee, for part 11A (Building\nmanagement statements)—see section 123F (1) (a).\nbuilding management statement, for part 11A (Building\nbuilding sublease means a sublease mentioned in the Planning\nAct 2023, section 285 (Subletting part of building).\ncaveator means the person by whom or on whose behalf a caveat has\nbeen lodged under this Act.\ncomputer folio means a folio of the register that is kept or maintained\nin or on a computer.\ncourt means the Supreme Court or any other court having jurisdiction\nin relation to the matters mentioned in this Act.\nCrown land includes all land belonging to the Commonwealth.\nCrown lease means—\n(a) a territory lease; and\n(b) includes a lease granted by the Commonwealth or the Federal\nCapital Commission.\ndeclared land sublease—see the Planning Act 2023, section 365 (1).\nE-Conveyancing Law means the Electronic Conveyancing National\nLaw (ACT).\nNote The Electronic Conveyancing National Law (ACT) Act 2020, s 6 applies\nthe Electronic Conveyancing National Law set out in the appendix to the\nElectronic Conveyancing (Adoption of National Law) Act 2012 (NSW),\nas if it were an ACT law called the Electronic Conveyancing National\nLaw (ACT).\nencumbrance means any charge on land created for the purpose of\nsecuring the payment of an annuity or sum of money other than a\ndebt.\n\nencumbrancee means the proprietor of an encumbrance.\nencumbrancer means the proprietor of any land or of any interest in\nland subject to an encumbrance.\nFederal Capital Commission means the Federal Capital Commission\nunder the Seat of Government (Administration) Act 1924 (Cwlth)\n(repealed).\ngrant means the grant by the Crown of land for a term of years, and\nincludes—\n(a) a grant by or in the name of the Commonwealth or by the Federal\nCapital Commission; and\n(b) the grant of a new lease over part of the land in a surrendered\ninstrument includes a transfer, a lease, a land sublease, a building\nsublease, an endorsement on a lease under section 86, a memorandum\nof surrender of a lease, a memorandum of mortgage, a memorandum\nof encumbrance, a memorandum of provisions, a memorandum of\neasement, and any other document that is required or permitted by a\nTerritory or Commonwealth law to be lodged with the\nregistrar-general for registration under this Act, but does not include\na caveat, a grant or a Crown lease.\nland sublease—see the Planning Act 2023, dictionary.\nlodge means deposit for registration in the registrar-general’s office.\nmemorandum of provisions means a memorandum registered under\nsection 103A.\nmemorial means a notation, entered in the register, or endorsed on a\ndocument.\nmortgage means any charge on land created merely for securing a\ndebt.\nmortgagee means the proprietor of a mortgage.\nmortgagee corporation means a mortgagee that is a corporation.\n\nmortgagor means the proprietor of land or of any interest in land\npledged as security for a debt.\nproprietor means a person seized or possessed of, or entitled to, land,\nat law or in equity.\nregister means the register kept under section 43.\nregistered building management statement, for part 11A (Building\nregistrable form, for an instrument—see section 4.\nrelevant building, for part 11A (Building management statements)—\nsee section 123C (1).\ntransfer means the passing of any interest in land under this Act\nwhether for valuable consideration or otherwise.\ntransmission means the acquirement of title to or interest in land\nconsequent on the death, will, intestacy, bankruptcy, insolvency,\nmarriage, civil union or civil partnership of a proprietor.\nunits plan—see the Unit Titles Act 2001, dictionary.\nverification of authority rules—see section 48BF (1).\nverification of identity rules—see section 48BE (1).\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a Commonwealth ordinance—the Real Property\nOrdinance 1925 No 1 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989\n(self-government day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on 11 May 1989 (self-government day). It was later renamed the Land Titles\nAct 1925 by the Land Titles (Amendment) Act 1995 (see s 5).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nLegislation before becoming Territory enactment\nLand Titles Act 1925 A1925-1\nnotified 21 May 1925 (Cwlth Gaz 1925 No 42)\npt 7 commenced 1 January 1957 (s 2 (2) (as am by Ord1956-16 s 2))\nremainder commenced 21 May 1925 (see Seat of Government\nas amended by\nReal Property Ordinance (No 2) 1925 Ord1925-12\nnotified 26 November 1925 (Cwlth Gaz 1925 No 102)\ncommenced 26 November 1925 (see Seat of Government\nReal Property Ordinance 1926 Ord1926-8\nnotified 8 July 1926 (Cwlth Gaz 1926 No 64)\ncommenced 8 July 1926 (see Seat of Government (Administration)\nReal Property Ordinance 1927 Ord1927-15\nnotified 14 July 1927 (Cwlth Gaz 1927 No 76)\ncommenced 14 July 1927 (see Seat of Government (Administration)\n\nReal Property Ordinance (No 2) 1927 Ord1927-21\nnotified 24 December 1927 (Cwlth Gaz 1927 No 141)\ns 13 taken to have commenced 21 May 1925 (s 13 (2))\nremainder commenced 24 December 1927 (see Seat of Government\nReal Property Ordinance 1930 Ord1930-19\nnotified 16 October 1930 (Cwlth Gaz 1930 No 90)\ncommenced 16 October 1930 (see Seat of Government\nReal Property Ordinance 1933 Ord1933-26\nnotified 16 November 1933 (Cwlth Gaz 1933 No 64)\ns 2 taken to have commenced 21 May 1925 (s 2 (2) and see Real\nProperty Ordinance 1925 Ord1925-1)\nremainder commenced 16 November 1933 (see Seat of Government\nReal Property Ordinance (No 2) 1933 Ord1933-34\nnotified 7 December 1933 (Cwlth Gaz 1933 No 67)\ntaken to have commenced 16 November 1933 (s 2)\nReal Property Ordinance 1934 Ord1934-14\nnotified 17 May 1934 (Cwlth Gaz 1934 No 29)\ncommenced 17 May 1934 (see Seat of Government (Administration)\nReal Property Ordinance 1936 Ord1936-15 (as am by Ord1937-27)\nnotified 30 April 1936 (Cwlth Gaz 1936 No 38)\ncommenced 30 April 1936 (see Seat of Government (Administration)\nOrdinances Revision Ordinance 1937 Ord1937-27 sch 2\nnotified 23 December 1937 (Cwlth Gaz 1937 No 75)\ncommenced 23 December 1937 (see Seat of Government\nReal Property Ordinance 1938 Ord1938-15\nnotified 31 March 1938 (Cwlth Gaz 1938 No 19)\ncommenced 31 March 1938 (see Seat of Government (Administration)\n\nReal Property Ordinance 1940 Ord1940-16\nnotified 8 August 1940 (Cwlth Gaz 1940 No 153)\ncommenced 8 August 1940 (see Seat of Government (Administration)\nReal Property Ordinance 1942 Ord1942-15\nnotified 2 July 1942 (Cwlth Gaz 1942 No 183)\ncommenced 2 July 1942 (see Seat of Government (Administration)\nReal Property Ordinance 1951 Ord1951-9\nnotified 20 September 1951 (Cwlth Gaz 1951 No 71)\ncommenced 20 September 1951 (see Seat of Government\nReal Property Ordinance 1956 Ord1956-16\nnotified 24 December 1956 (Cwlth Gaz 1956 No 77)\ncommenced 24 December 1956 (see Seat of Government\nReal Property Ordinance 1957 Ord1957-12\nnotified 21 November 1957 (Cwlth Gaz 1957 No 63)\ncommenced 21 November 1957 (see Seat of Government\nReal Property Ordinance 1961 Ord1961-7\nnotified 25 May 1961 (Cwlth Gaz 1961 No 45)\ncommenced 1 June 1961 (s 2)\nReal Property Ordinance 1963 Ord1963-6\nnotified 4 April 1963 (Cwlth Gaz 1963 No 32)\ncommenced 4 April 1963 (see Seat of Government (Administration)\nReal Property Ordinance 1967 Ord1967-46\nnotified 20 December 1967 (Cwlth Gaz 1967 No 108)\ncommenced 20 December 1967 (s 2 and see Surveyors\nOrdinance 1967 Ord1967-34 and Cwlth Gaz 1967 No S108)\nReal Property Ordinance 1969 Ord1969-9\nnotified 20 June 1969 (Cwlth Gaz 1969 No 50)\ncommenced 1 July 1969 (s 2)\n\nReal Property Ordinance 1970 Ord1970-6\nnotified 26 February 1970 (Cwlth Gaz 1970 No 14)\ncommenced 26 February 1970 (see Seat of Government\nReal Property Ordinance 1972 Ord1972-11\nnotified 29 March 1972 (Cwlth Gaz 1972 No 25)\ncommenced 29 March 1972 (see Seat of Government (Administration)\nReal Property Ordinance 1975 Ord1975-33\nnotified 7 October 1975 (Cwlth Gaz 1975 No S199)\ncommenced 27 January 1976 (s 2 and Cwlth Gaz 1976 No S13)\nOrdinances Revision (Administrative Arrangements) Ordinance 1977\nOrd1977-18\nnotified 21 June 1977 (Cwlth Gaz 1977 No S111)\ncommenced 21 June 1977 (see Seat of Government (Administration)\nReal Property (Amendment) Ordinance 1977 Ord1977-47\nnotified 27 September 1977 (Cwlth Gaz 1977 No S206)\ncommenced 3 October 1977 (s 3)\nOrdinances Revision Ordinance 1977 Ord1977-65\nnotified 22 December 1977 (Cwlth Gaz 1977 No S294)\ncommenced 22 December 1977 (see Seat of Government\nReal Property (Amendment) Ordinance 1978 Ord1978-24\nnotified 5 September 1978 (Cwlth Gaz 1978 No G35)\ncommenced 3 October 1978 (s 3)\nReal Property (Amendment) Ordinance 1979 Ord1979-16\nnotified 29 June 1979 (Cwlth Gaz 1979 No S122)\ncommenced 1 July 1979 (s 3)\nReal Property (Amendment) Ordinance 1980 Ord1980-13\nnotified 15 May 1980 (Cwlth Gaz 1980 No S99)\ncommenced 1 July 1980 (s 3)\n\nReal Property (Amendment) Ordinance 1982 Ord1982-78\nnotified 1 October 1982 (Cwlth Gaz 1982 No S205)\ncommenced 1 October 1982 (see Seat of Government (Administration)\nReal Property (Amendment) Ordinance (No 2) 1982 Ord1982-102\nnotified 31 December 1982 (Cwlth Gaz 1982 No S274)\ncommenced 31 December 1982 (see Seat of Government\nReal Property (Amendment) Ordinance 1983 Ord1983-39\nnotified 29 September 1983 (Cwlth Gaz 1983 No S226)\ncommenced 1 October 1983 (s 2)\nReal Property (Amendment) Ordinance (No 2) 1983 Ord1983-68\nnotified 30 December 1983 (Cwlth Gaz 1983 No S349)\ncommenced 30 December 1983 (see Seat of Government\nPublic Trustee (Miscellaneous Amendments) Ordinance 1985\nOrd1985-9 sch 2\nnotified 8 March 1985 (Cwlth Gaz 1985 No S69)\ncommenced 28 October 1985 (s 2 and Cwlth Gaz 1985 No G42)\nLimitation Ordinance 1985 Ord1985-66\nnotified 19 December 1985 (Cwlth Gaz 1985 No S542)\ncommenced 19 December 1985 (see Seat of Government\nReal Property (Amendment) Ordinance 1985 Ord1985-71\nnotified 19 December 1985 (Cwlth Gaz 1985 No S542)\ncommenced 1 January 1986 (s 2 and Cwlth Gaz 1985 No S538)\nReal Property (Amendment) Ordinance 1986 Ord1986-22\nnotified 30 June 1986 (Cwlth Gaz 1986 No S315)\ncommenced 1 July 1986 (s 2 and Cwlth Gaz 1986 No S315)\nSex Discrimination (Miscellaneous Amendments) Ordinance 1986\nOrd1986-31\nnotified 31 July 1986 (Cwlth Gaz 1986 No S375)\ncommenced 1 August 1986 (s 2)\n\nReal Property (Amendment) Ordinance (No 2) 1986 Ord1986-44\nnotified 20 August 1986 (Cwlth Gaz 1986 No S411)\ncommenced 20 August 1986 (s 2 and Cwlth Gaz 1986 No S412)\nReal Property (Amendment) Ordinance (No 3) 1986 Ord1986-88\nnotified 22 December 1986 (Cwlth Gaz 1986 No S664)\ncommenced 1 January 1987 (s 2 and Cwlth Gaz 1986 No S669)\nReal Property (Amendment) Ordinance 1987 Ord1987-66\nnotified 25 November 1987 (Cwlth Gaz 1987 No S317)\ntaken to have commenced 1 August 1987 (s 2)\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nremainder commenced 11 May 1989 (s 2 (2) and see Australian\nCapital Territory (Self-Government) Act 1988 (Cwlth), s 2 (2) and Cwlth\nGaz 1989 No S164)\nLegislation after becoming Territory enactment\nRates and Land Rent (Relief) (Amendment) Act 1991 A1991-22 s 11\nnotified 10 May 1991 (Gaz 1991 No S36)\ncommenced 10 May 1991 (see Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth), s 25)\nSelf-Government (Consequential Amendments) Act 1991 A1991-53\npt 2 div 7\nnotified 2 October 1991 (Gaz 1991 No S98)\ncommenced 2 October 1991 (see Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth), s 25)\nLand (Planning and Environment) (Consequential Provisions)\nAct 1991 A1991-118 pt 2 div 6, sch 1 pt 9\nnotified 15 January 1992 (Gaz 1992 No S3)\ns 1, s 2 commenced 15 January 1992 (s 2 (1))\npt 2 div 6, sch 1 pt 9 commenced 2 April 1992 (s 2 (2) and Gaz 1992\nNo 13)\n\nReal Property (Amendment) Act 1992 A1992-3\nnotified 25 May 1992 (Gaz 1992 No S58)\nss 1-3 commenced 25 May 1992 (s 2 (1))\nremainder commenced 5 June 1992 (s 2 and see Gaz 1992 No S80)\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 2\nnotified 27 August 1993 (Gaz 1993 No S165)\ncommenced 27 August 1993 (s 2)\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nsch 1\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nsch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993\nNo S207)\nReal Property (Amendment) Act 1993 A1993-89\nnotified 17 December 1993 (Gaz 1993 No S258)\nss 1-3 commenced 17 December 1993 (s 2 (1))\nremainder commenced 1 January 1994 (s 2 (2) and Gaz 1993\nNo S270)\nMental Health (Consequential Provisions) Act 1994 A1994-45 sch\nnotified 7 September 1994 (Gaz 1994 No S177)\ns 1, s 2 commenced 7 September 1994 (s 2 (1))\nsch commenced 6 February 1995 (s 2 (2) and see Gaz 1995 No S33)\nLand Titles (Amendment) Act 1995 A1995-53\nnotified 20 December 1995 (Gaz 1995 No S313)\nss 1-3 commenced 20 December 1995 (s 2 (1))\nremainder commenced 20 June 1996 (s 2 (3))\nLand (Planning and Environment) (Amendment) Act 1997 A1997-7\ns 13\nnotified 22 April 1997 (Gaz 1997 No S92)\nss 1-3 commenced 22 April 1997 (s 2 (1))\ns 13 commenced 24 June 1997 (s 2 (2))\n\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nResidential Tenancies (Consequential Provisions) Act 1998 A1998-4\nsch\nnotified 25 May 1998 (Gaz 1998 No S150)\nsch commenced 25 May 1998 (s 2)\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nDuties (Consequential and Transitional Provisions) Act 1999 A1999-8\ns 32\nnotified 1 March 1999 (Gaz 1999 No S8)\ns 32 commenced 1 March 1999 (s 2 (2))\nRates and Land Rent (Relief) Amendment Act 2000 A2000-79 sch 1\ns 4, s 5 commenced 1 July 2000 (s 2 (2))\nremainder commenced 21 December 2000 (s 2 (1))\nStatute Law Amendment Act 2000 A2000-80 amdt 3.10\namdt 3.10 commenced 21 December 2000 (s 2 (1))\nLand Titles Legislation Amendment Act 2000 A2000-82 pt 2\npt 2 commenced 21 December 2000 (s 2)\nSurveyors (Consequential Amendments) Act 2001 A2001-3 sch 1\nnotified 8 March 2001 (Gaz 2001 No 10)\ns 1, s 2 commenced 8 March 2001 (IA s 10B)\nsch 1 commenced 26 July 2001 (S 2 and Gaz 2001 No 30)\n\nLeases (Commercial and Retail) Act 2001 A2001-18 s 173\nnotified 19 April 2001 (Gaz 2001 No 16)\ns 1, s 2 commenced 19 April 2001 (IA s 10B)\ns 173 commenced 1 July 2002 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 212\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 212 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nCommunity Title Act 2001 A2001-58 s 99, s 100\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\ns 99, s 100 commenced 10 March 2002 (s 2 and LA s 79)\nDistricts Act 2002 A2002-39 pt 1.5\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\npt 1.5 commenced 11 October 2002 (s 2)\nCivil Law (Wrongs) Act 2002 A2002-40 div 3.2.6\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\ndiv 3.2.6 commenced 1 November 2002 (s 2 (2) and CN2002-13)\nPlanning and Land (Consequential Amendments) Act 2002 A2002-56\nsch 3 pt 3.11\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 3 pt 3.11 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55, s 2)\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.21\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 1 pt 1.21 commenced 28 March 2003 (s 2)\n\nLand (Planning and Environment) (Compliance) Amendment\nAct 2003 A2003-34 sch 1 pt 1.4\nnotified LR 7 July 2003\ns 1, s 2 commenced 7 July 2003 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 September 2003 (s 2 and CN2003-8)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.49\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.49 commenced 9 April 2004 (s 2 (1))\nPest Plants and Animals Act 2005 A2005-21 sch 1 pt 1.2\nnotified LR 12 May 2005\ns 1, s 2 commenced 12 May 2005 (LA s 75 (1))\nsch 1 pt 1.2 commenced 12 November 2005 (s 2 and LA s 79)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.19\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.19 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth Gaz\n","sortOrder":214},{"sectionNumber":"2006","sectionType":"section","heading":"No S93)","content":"2006 No S93)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 1 pt 1.8, sch 2 pt 2.20\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 1 pt 1.8 commenced 19 October 2006 (s 2 (3))\nsch 2 pt 2.20 commenced 29 September 2006 (s 2 (1))\nPowers of Attorney Act 2006 A2006-50 sch 2 pt 2.2\nnotified LR 30 November 2006\ns 1, s 2 commenced 30 November 2006 (LA s 75 (1))\nsch 2 pt 2.2 commenced 30 May 2007 (s 2 and LA s 79)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.55\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.55 commenced 12 April 2007 (s 2 (1))\n\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.19\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.19 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nSurveyors Act 2007 A2007-33 sch 1 pt 1.3\nnotified LR 25 October 2007\ns 1, s 2 commenced 25 October 2007 (LA s 75 (1))\nsch 1 pt 1.3 commenced 14 November 2007 (s 2 and CN2007-15)\nPlanning and Development Legislation Amendment Act 2008 A2008-4\npt 4\nnotified LR 18 March 2008\ns 1, s 2 commenced 18 March 2008 (LA s 75 (1))\npt 4 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.15\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.15 commenced 19 May 2008 (s 2 and CN2008-8)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.48\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.48 commenced 22 September 2009 (s 2)\nSurveyors Amendment Act 2010 A2010-6 sch 1 pt 1.3\nnotified LR 2 March 2010\ns 1, s 2 commenced 2 March 2010 (LA s 75 (1))\nsch 1 pt 1.3 commenced 3 March 2010 (s 2)\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.9\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.9 commenced 3 June 2010 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2010\n(No 4) A2010-50 sch 1 pt 1.4\nnotified LR 14 December 2010\ns 1, s 2 commenced 14 December 2010 (LA s 75 (1))\nsch 1 pt 1.4 commenced 21 December 2010 (s 2 (1))\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.28\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.28 commenced 1 March 2011 (s 2)\nUnit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.7\nnotified LR 3 November 2011\ns 1, s 2 commenced 3 November 2011 (LA s 75 (1))\nsch 5 pt 5.7 commenced 30 March 2012 (s 2 and CN2012-6)\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.18\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.18 commenced 11 September 2012 (s 2)\nJustice and Community Safety Legislation Amendment Act 2013\nA2013-7 sch 1 pt 1.5\nnotified LR 1 March 2013\ns 1, s 2 commenced 1 March 2013 (LA s 75 (1))\nsch 1 pt 1.5 commenced 4 March 2013 (s 2 and see Retirement\nVillages Act 2012 A2012-38, s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2013\n(No 2) A2013-11 sch 1 pt 1.4\nnotified LR 28 March 2013\ns 1, s 2 commenced 28 March 2013 (LA s 75 (1))\nsch 1 pt 1.4 commenced 4 April 2013 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.16\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.16 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\n\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.13\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.13 commenced 10 June 2014 (s 2 (1))\nDangerous Substances (Loose-fill Asbestos Eradication) Legislation\nAmendment Act 2015 A2015-6 sch 1 pt 1.6\nnotified LR 31 March 2015\ns 1, s 2 commenced 31 March 2015 (LA s 75 (1))\nsch 1 pt 1.6 commenced 29 June 2015 (s 2 and CN2015-6)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 11\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 11 commenced 1 July 2015 (s 2 and CN2015-9)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.40\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.40 commenced 14 October 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.26\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.26 commenced 27 April 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.12\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.12 commenced 29 June 2016 (s 2)\nRevenue Legislation Amendment Act 2017 A2017-1 sch 1 pt 1.5\nnotified LR 22 February 2017\ns 1, s 2 commenced 22 February 2017 (LA s 75 (1))\nsch 1 pt 1.5 commenced 18 September 2017 (s 2 (1) and CN2017-5)\n\nRevenue Legislation Amendment Act 2018 A2018-2 sch 1 pt 1.6\nnotified LR 28 February 2018\ns 1, s 2 commenced 28 February 2018 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 March 2018 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 6\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\npt 6 commenced 2 October 2018 (s 2 (1))\nPlanning and Development (Community Concessional Leases)\nAmendment Act 2019 A2019-28 sch 1\nnotified LR 2 October 2019\ns 1, s 2 commenced 2 October 2019 (LA s 75 (1))\nsch 1 commenced 2 April 2020 (s 2 and LA s 79)\nUnit Titles Legislation Amendment Act 2020 A2020-4 pt 5\nnotified LR 27 February 2020\ns 1, s 2 commenced 27 February 2020 (LA s 75 (1))\npt 5 commenced 1 November 2020 (s 2 (1) and CN2020-11)\nLand Titles (Electronic Conveyancing) Legislation Amendment\nAct 2020 A2020-16 pt 2\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\npt 2 commenced 1 June 2020 (s 2 and see Electronic Conveyancing\nNational Law (ACT) Act 2020 A2020-15 s 2)\nLoose-fill Asbestos Legislation Amendment Act 2020 A2020-20 sch 1\npt 1.8\nnotified LR 27 May 2020\ns 1, s 2 commenced 27 May 2020 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 July 2020 (s 2)\nPlanning and Development Amendment Act 2020 A2020-26 sch 1\nnotified LR 8 July 2020\ns 1, s 2 commenced 8 July 2020 (LA s 75 (1))\nsch 1 commenced 8 July 2022 (s 2 (2))\n\nPlanning and Unit Titles Legislation Amendment Act 2021 (No 2)\nA2021-25 pt 2\nnotified LR 17 November 2021\ns 1, s 2 commenced 17 November 2021 (LA s 75 (1))\npt 2 commenced 18 November 2021 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2021 (No 2) A2021-33 pt 12\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 12 commenced 17 December 2021 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2022\nA2022-21 pt 6\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\npt 6 commenced 10 December 2022 (s 2)\nJustice and Community Safety Legislation Amendment Act 2023\nA2023-13 pt 6\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\npt 6 commenced 12 April 2023 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.40\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.40 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nJustice and Community Safety Legislation Amendment\nAct 2023 (No 3) A2023-57 pt 12, sch 1 pt 1.5\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 12, sch 1 pt 1.5 commenced 12 December 2023 (s 2 (1))\nBiosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.8\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 2 pt 2.8 commenced 15 May 2025 (s 2 and see Biosecurity\nAct 2023 A2023-50, s 2 (2))\n\nHousing and Consumer Affairs Legislation Amendment Act 2024\nA2024-29 pt 6\nnotified LR 9 July 2024\ns 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))\npt 6 commenced 16 July 2024 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2025\n(No 2) A2025-3 sch 1 pt 1.7\nnotified LR 14 March 2025\ns 1, s 2 commenced 14 March 2025 (LA s 75 (1))\nsch 1 pt 1.7 commenced 21 March 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.108\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.108 commenced 26 December 2025 (s 2 (7))\n\nLong title\nlong title am A1995-53 s 4\nName of Act\ns 1 am A1995-53 s 5\nsub A2007-3 amdt 3.294\ns 2 am Ord1956-16 s 2, sch 2; A1995-53\nom A2001-44 amdt 1.2521\nNotes\ns 3 am Ord1933-26 s 2; Ord1956-16 s 3; A1995-53 sch 2\nsub A2001-44 amdt 1.2522\nom A2007-3 amdt 3.295\nProvisions affecting certain land to which State Act applies\ns 3A ins Ord1961-7 s 3\nam Ord1989-38 sch 1; A1993-64 sch 1; A1995-53 sch 2\nom A2007-3 amdt 3.295\nMeaning of registrable form\ns 4 sub Ord1961-7 s 4\nam Ord1970-6 s 2\nom Ord1977-65 sch 2\nam A2020-16 s 4; pars renum R40 LA\nApplication to married women’s property\ns 5 om A2007-3 amdt 3.295\nInterpretation for Act\ns 6 am A1993-89 sch; A2000-82 s 4; A2001-44\namdts 1.2524-1.2526; ss renum R3 LA\ndefs reloc to dict A2007-3 amdt 3.304\nom A2007-3 amdt 3.305\ndef approved form ins A1995-53 s 6\nom A2001-44 amdt 1.2523\ndef city area ins Ord1925-12 s 2\nom A1991-118 sch 1 pt 9\ndef commission om A2007-3 amdt 3.296\ndef computer ins A1993-89 sch\nom A2007-3 amdt 3.297\ndef curator ins Ord1957-12 s 2\nom Ord1985-9 sch 2\n\ndef determined fee ins Ord1983-39 s 4\nom A2001-44 amdt 1.2523\ndef justice om Ord1937-27 sch 2\ndef land am A1995-53 s 6; A1991-118 sch 1 pt 9\nom A2007-3 amdt 3.302\ndef Public Trustee om Ord1957-12 s 2\ndef registrar om A1993-64 sch 1\ndef the court am Ord1937-27 sch 2; Ord1982-102 s 2\nom A2007-3 amdt 3.303\nRegistrar-general’s seal of office etc\ns 7 am Ord1927-21 s 3; Ord1930-19 sch\nsub Ord1957-12 s 3\nam Ord1977-18 s 14\nom A1993-64 sch 2\nins A1993-89 sch\nRegistrar’s seal of office\ns 8 am Ord1930-19 sch; Ord1977-18 s 14\nom A1993-64 sch 1\nFunctions of acting registrar and deputy registrar\ns 9 om A1993-64 sch 1\nOath of office\ns 10 om A1993-64 sch 1\nSworn valuators\ns 11 am Ord1930-19 sch\nom Ord1969-9 s 3\nCertain information and omissions not to invalidate documents\ns 12 om A1993-64 sch 1\nSurveyors to be licensed\ns 13 am Ord1930-19 sch\nom Ord1967-46 s 3\nGeneral powers of registrar-general\npt 3 hdg am A1993-64 sch 1\nPowers of registrar-general\ns 14 am Ord1930-19 s 3; Ord1970-6 s 3; Ord1975-33 s 3;\nOrd1986-31 s 14; A1991-22 s 11; A1993-89 sch; A1994-45\nsch; A1995-53 s 7, sch 2; A2000-82 s 5; pars and ss renum\nR3 LA; A2007-25 amdt 1.83; pars renum R18 LA; A2020-16\nss 5-9; pars renum R40 LA\n\nPenalty for obstructing registrar-general\ns 15 am Ord1967-46 sch; A1995-53 sch 2; A1998-54 sch;\nA2004-15 amdts 2.106-2.108; A2020-16 s 10\nRegistrar may take statutory declaration\ns 16 om A1993-64 sch 1\nCrown grants and certain Crown leases under Act\ns 17 am Ord1927-21 s 4; Ord1956-16 s 4; Ord1963-6 s 2;\nOrd1989-38 sch 1; A1995-53 s 8, sch 2; A2001-44\namdt 1.2527, amdt 1.2528; A2023-57 ss 30-32\nRequirements of applications\ndiv 5.1 hdg (prev pt 5 div 1 hdg) renum R3 LA\nLand brought under Act\ns 18 am Ord1986-31 s 5; A1993-89 sch; A1994-45 sch; A1995-53\ns 9, sch 2; A2001-44 amdt 1.2529; ss renum R3 LA;\nA2020-16 s 11; A2025-29 amdt 4.108\nJudge may order production of deeds for purpose of application\ns 19 am Ord1937-27 sch 2; A1995-53 sch 2\nApplicant to surrender documents of title and to furnish abstract if required\ns 20 am A1995-53 sch 2; A2023-57 s 33\nProcedure on applications\ndiv 5.2 hdg (prev pt 5 div 2 hdg) renum R3 LA\nApplications to be considered by registrar-general\ns 21 am A1993-89 sch; A1995-53 sch 2; A2020-16 s 12\nWhen applicant is not original grantee or any transactions registered\ns 22 am A1995-53 sch 2; A2001-44 amdt 1.2530, amdt 1.2531;\nA2018-33 s 75, s 76\nWhen evidence of title imperfect\ns 23 am Ord1956-16 s 5; Ord1989-38 sch 1; A1993-89 sch;\nA1995-53 sch 2; A2001-44 amdt 1.2532, amdt 1.2533;\nA2018-33 s 77, s 78\nNotice of application to be published\ns 24 am A1995-53 sch 2; A2001-44 amdt 1.2534, amdt 1.2535;\nA2018-33 s 79; A2025-29 amdt 4.108\nRegistrar-general bringing land under Act\ns 25 hdg sub A1993-89 note\ns 25 am A1993-89 sch; A1995-53 sch 2; A2020-16 s 12\nOn a return of notices or failure of personal service, registrar-general may\nproceed or give further directions\ns 26 am A1993-89 sch; A1995-53 sch 2\n\nApplicant may withdraw application\ns 27 hdg am A1995-53 notes\ns 27 am A1995-53 sch 2; A2020-16 s 13\nLand occupied may be brought under Act by different description from that\nin title on special application\ns 28 am A1995-53 sch 2; A2020-16 s 14\nApplications to bring land under Act may be granted for land occupied\nunder, but not described in, title deeds\ns 29 hdg sub A2020-16 s 15\ns 29 am A1995-53 sch 2; A2020-16 s 16, s 17\nCaveats against original applications\ndiv 5.3 hdg (prev pt 5 div 3 hdg) renum R3 LA\nParties interested may enter caveat\ns 30 am A1993-89 sch; A1995-53 s 10, sch 2; A1997-96 sch 1;\nA2001-44 amdt 1.2536; A2025-29 amdt 4.108\nIf caveat be received within time limited proceedings stayed\ns 31 am A1995-53 sch 2\nCaveats lapse unless proceedings taken within 3 months\ns 32 hdg am A1995-53 notes\ns 32 am A1995-53 sch 2\nSpecial case\ns 33 am A1995-53 sch 2\nWhere caveator fails to prosecute proceedings\ns 34 am A1995-53 sch 2; A1997-96 sch 1\nBringing land under the Act—miscellaneous\npt 6 hdg sub A2020-16 s 18\nDocuments of title how to be dealt with\ns 35 am Ord1937-27 sch 2; A1993-89 sch; A1995-53 sch 2; A2020-\n16 ss 19-21; A2023-57 s 33\nHow certificate of title to issue in case of previous death of applicant\ns 36 am A1995-53 sch 2\nom A2020-16 s 22\nBringing under this Act of land to which State Act applies\ns 38 am Ord1933-26 s 3\nsub Ord1956-16 s 6\nam Ord1961-7 s 6; A1993-89 sch; A1995-53 sch 2; A2001-44\namdts 1.2537-1.2539; ss renum R3 LA (see A2001-44\namdt 1.2540); A2014-18 amdt 3.54; A2020-16 s 23;\n\nTransfer of records\ns 39 am Ord1930-19 sch; A1995-53 sch 2\nRecognition of transferred records\ns 40 am Ord1930-19 sch; A1995-53 sch 2\nDuplicate grant etc handed over to be deemed original grant\ns 41 am Ord1930-19 sch; A1995-53 sch 2\nLand referred to in pt 7 to be subject to certain reservations etc\ns 42 am A1995-53 sch 2\nRegistrar-general to keep register\ns 43 hdg am A1993-89 note\ns 43 am Ord1957-12 s 4; A1993-89 sch; ss renum R3 LA\nForm of certificate of title\ns 44 hdg am A1993-89 note\ns 44 am A1993-89 sch; A1995-53 s 11, sch 2; A2001-44\namdt 1.2541, amdt 1.2542; A2025-29 amdt 4.108\nOne certificate may be issued for lands not contiguous\ns 45 am Ord1975-33 s 4\nsub A1995-53 s 12\nRegistering fee simple estate for which leasehold interest registered\ns 46 am A1993-89 sch; A1995-53 sch 2\nsub A2020-16 s 24\nWhen instruments etc taken to be registered\ns 47 am A1993-89 sch; A1995-53 sch 2\nsub A2020-16 s 24\nRegistration of transfers of mortgages, subleases etc\ns 47A ins Ord1927-15 s 2\nam Ord1940-16 s 2; Ord1956-16 s 7; Ord1957-12 s 5;\nA1993-89 sch; A1995-53 sch 2; A2020-16 s 25\nRegistration of memoranda of provisions\ns 47B ins Ord1983-68 s 4\nRegistration of instruments effecting dutiable transaction\ns 47C ins A2017-1 amdt 1.102\nInstruments—registration and priority\ns 48 am Ord1970-6 s 4; Ord1979-16 s 4; Ord1983-68 s 5;\nA1991-22 s 11; A1993-89 sch\nsub A1995-53 s 13\nam A2020-16 s 26\nRefusal to accept instruments for lodgment\ns 48A ins A1995-53 s 13\n\nLodgment of instruments—registrable form\ns 48B hdg sub A2020-16 s 27\ns 48B ins A1995-53 s 13\nam A2020-16 s 28, s 29\nLodgment of instruments by legal practitioners—certification\ns 48BA ins A2020-16 s 30\nLodgment of instruments by mortgagee corporations—certification\ns 48BB ins A2020-16 s 30\nLodgment of instruments by self-represented parties—verification of identity\nand authority\ns 48BC ins A2020-16 s 30\nam A2021-33 s 21\nSignature and witnessing requirements—legal practitioners and mortgagee\ncorporations\ns 48BD ins A2020-16 s 30\nam A2022-21 s 16\nVerification of identity rules\ns 48BE ins A2020-16 s 30\nVerification of authority rules\ns 48BF ins A2020-16 s 30\nCompliance audits—lodgments by legal practitioners and mortgagee\ncorporations\ns 48BG ins A2020-16 s 30\nNon-compliance—registrar-general may require additional documents\ns 48BH ins A2020-16 s 30\nPower to refer to appropriate authority\ns 48BI ins A2020-16 s 30\nCorrection of errors prior to registration\ns 48C ins A1995-53 s 13\nForm of memorial\ns 49 am Ord1957-12 s 6; A1993-89 sch\n\nMemorial to be recorded on duplicate grant, certificate or instrument, unless\ndispensed with\ns 50 am Ord1957-12 s 7; Ord1961-7 s 7; A1993-89 sch; A1995-53\nsch 2; A2001-44 amdts 1.2543-1.2545; A2010-50 amdt 1.10;\nss renum R23 LA; A2011-41 amdt 5.23; A2016-18\namdts 3.113-3.115; A2018-33 s 80\nIssue of duplicate when document lost or destroyed\ns 50A ins Ord1927-21 s 5\nam Ord1970-6 s 5; A1991-22 s 11; A1993-89 sch; A1995-53\ns 14, sch 2; A2001-44 amdt 1.2546; ss renum R3 LA\nInstruments not to be registered\ns 51 sub Ord1969-9 s 4\nam Ord1985-71 s 3; Ord1986-88 s 4; Ord1987-66 s 3;\nOrd1989-38 sch 1; A1995-53 s 15; A1999-8 s 32; ss and\npars renum R3 LA; A2020-16 s 32, s 33; A2023-57 amdt 1.10\nIssue of new certificate of title after change in register\ns 52 am A1993-89 sch; A1995-53 s 16\nsub A2020-16 s 34\nEvidence as to title\ns 53 am A1993-89 sch; A1995-53 s 17, sch 2; ss renum R3 LA;\nA2020-16 s 35, s 36\nJoint tenants and tenants in common\ns 54 sub Ord1927-15 s 3; A1995-53 s 18\nam A2020-16 s 37\nSurvivor of joint tenants\ns 55 am Ord1986-31 s 6; A1995-53 s 19, sch 2; A2020-16 s 38,\ns 39\nRemainderperson or reversioner may be registered as such\ns 56 am A1995-53 sch 2; A2020-16 s 40\nInstruments not effectual until entry in register\ns 57 hdg am A1993-89 note\ns 57 am A1995-53s 20, sch 2\nom A2020-16 s 41\nEstate of registered proprietor paramount\ns 58 am Ord1989-38 sch 1; A1993-89 sch; A1995-53 s 21, sch 2;\nA2017-1 amdt 1.103; A2020-16 ss 42-46\nPurchaser from registered proprietor not to be affected by notice\ns 59 am A1995-53 sch 2\n\nProtection as to notice of transferee before registration\ns 60 sub A1995-53 s 22\nCombining or dividing grants or certificates of title\ns 61 am A1993-89 sch; A1995-53 s 23, sch 2\nLost grant or certificate\ns 62 am Ord1927-21 s 6; A1993-89 sch\nsub A1995-53 s 24\nam A2000-82 s 6; A2009-20 amdt 3.115; A2018-33 s 81\nPower of registrar-general to issue new certificate\ns 62A ins Ord1927-21 s 7\nam Ord1957-12 s 8; Ord1983-39 s 5; A1995-53 s 25, sch 2;\nA2001-44 amdt 1.2547\nDealings may be registered prior to issue of grant from Crown\ns 63 am A1993-89 sch; A1995-53 sch 2\nRegistrar-general may require map to be deposited\ns 64 am Ord1936-15 (as am by Ord1937-27); Ord1967-46 s 4;\nOrd1975-33s 5; Ord1980-13 s 4; A1992-3 s 4; A1995-53\ns 26, sch 2; A2001-3 sch 1; A2001-44 amdt 1.4548,\namdt 1.2549; ss renum R3 LA; A2007-33 amdt 1.8; A2010-6\namdt 1.9; A2018-33 s 82, s 83; ss renum R38 LA; A2025-29\nCertified copies of register\ns 65 am Ord1983-39 s 6; Ord1983-68 s 6; A1993-89 sch; A1995-53\ns 27\nsub A2001-44 amdt 1.2550\nSearches\ns 66 am Ord1977-47 s 4\nsub A1993-89 sch\nam A2001-44 amdt 1.2551, amdt 1.2552; A2025-29\nIssue of uncertified copies\ns 67 am Ord1967-46 sch\nsub A1995-53 s 28\nam A2001-44 amdt 1.2553; A2025-29 amdt 4.108\n\nRegistrar-general may register as proprietor person entitled to land by\noperation of statute or by defeasance of estate\ns 68 am Ord1957-12 s 9; A1993-89 sch; A1995-53 sch 2; A2001-44\namdt 1.2554, amdt 1.2555; A2020-16 s 48; A2025-29\nRecord of administrative interests\npt 8A hdg ins A2007-25 amdt 1.84\nMeaning of administrative interest—Act\ns 69A ins A2007-25 amdt 1.84\nam A2015-6 amdt 1.13; A2019-28 amdt 1.1; A2020-20\namdts 1.19-1.21; pars renum R41 LA; A2023-36 amdt 1.208\nMeaning of authorised entity—pt 8A\ns 69B ins A2007-25 amdt 1.84\nRecord of administrative interests\ns 69C ins A2007-25 amdt 1.84\nam A2020-20 amdt 1.22; ss renum R41 LA\nProtection from liability—administrative interests\ns 69D ins A2007-25 amdt 1.84\nRegistration of Crown leases\ns 70 am Ord1927-21 s 8; Ord1986-88 s 5; A1993-89 sch\nRegistration of extension of grant of Crown lease\ns 70A ins A1995-53 s 29\nom A2000-82 s 7\nDealings with Crown leases\ns 71 am A1993-89 sch; A1995-53 sch 2; A2020-16 s 49\nApplication of ordinance to registered Crown leases\ns 72 om A1993-44 sch 2\nRegistration of variations\ns 72A ins Ord1940-16s 3\nam Ord1986-22 s 4; Ord1989-38 sch 1\nsub A1991-118 s 22\nam A1993-89 sch; A2002-56 amdt 3.41; A2006-40 amdt 1.25;\nA2007-25 amdt 1.85; A2020-16 s 50; A2023-36 amdt 1.209\nRegistration etc of orders under Planning Act 2023\ns 72AB hdg sub A2007-25 amdt 1.86; A2023-36 amdt 1.210\ns 72AB ins A1991-118 s 22\nam A1993-89 sch\nsub A2003-34 amdt 1.21\nam A2007-25 amdt 1.87; A2020-16 s 50; A2023-36\namdt 1.211\n\nDealing with land before grant or registration of Crown lease\ns 72B ins Ord1957-12 s 10; A1995-53 sch 2\nMemorial of compliance with building and development provision in lease\ns 72C hdg sub A1993-89 note\ns 72C ins Ord1961-7 s 8\nam A1991-118 sch 1, pt 9; A1993-89 sch; A1995-53 sch 2\nsub A2007-25 amdt 1.88\nam A2023-36 amdts 1.212-1.214, amdt 1.228\nMemorial of application of certain provisions etc under Planning Act 2023\ns 72D hdg sub A2023-36 amdt 1.215\ns 72D ins A2008-4 s 78\nam A2010-18 amdt 3.10\nsub A2015-19 s 54\nam A2020-26 amdt 1.1; A2023-36 amdt 1.216, amdt 1.217\n(1) (b) exp 26 November 2028 (s 178C)\nTransfers\ndiv 10.1 hdg (prev pt 10 div 1 hdg) renum R3 LA\nMemorandum of transfer\ns 73 am Ord1970-6 s 6; A1993-89 sch\nsub A1995-53 s 30\nam A1997-96 sch 1; A2001-44 amdt 1.2556; A2011-3\namdt 3.276; A2014-18 amdt 3.55; A2020-16 s 51, s 52;\nEasements and incorporeal rights to be registered\ns 74 am A1993-89 sch\nom A1995-53 s 30\nProcedure for dealing with certificate of title in case of transfer\ns 75 am Ord1927-21 s 9\nsub A1993-89 sch\nom A2020-16 s 53\nIssue of fresh certificate on cancellation of grant or certificate\ns 76 am A1995-53 sch 2\nom A2020-16 s 53\nTransferee—interests and obligations\ns 77 sub A1995-53 s 31\nTransfer of mortgage or lease—right to sue\ns 78 am A1995-53 s 32\nProprietor may vest estate jointly in self and others without limiting any use\nor without reassignment\ns 79 hdg am A1995-53 notes\ns 79 am A1995-53 s 32, sch 2; A2003-14 amdt 1.70, amdt 1.71\n\nEndorsement when land becomes Crown land\ns 80 am Ord1961-7 s 9; A1993-89 sch; A1995-53 sch 2\nShort words for creation of right of way\ns 81 am A1993-89 sch\nLeases\ndiv 10.2 hdg (prev pt 10 div 2 hdg) renum R3 LA\nForm of lease\ns 82 am Ord1983-68 s 7; A1993-89 sch; A1995-53 s 33; A2001-44\namdt 1.2557; A2020-16 s 54; A2025-29 amdt 4.108\nRight of purchase or covenant to purchase may be inserted\ns 83 am A1995-53 sch 2\nMortgagee etc not bound by lease unless consent given\ns 84 hdg am A1995-53 notes\ns 84 am Ord1927-21 s 10; A1995-53 sch 2\nCertain unregistered leases valid, but not rights of purchase or renewal\nunder them\ns 85 am A1995-53 s 34\nSurrender of lease\ns 86 am Ord1926-8 s 2; Ord1927-21 s 11; Ord1930-19 sch;\nOrd1940-16 s 4; Ord1942-15 s 2; Ord1961-7 s 10;\nOrd1989-38 sch 1; A1993-64 sch 1; A1993-89 sch; A1995-53\ns 35, sch 2; A2000-82 s 8; A2001-44 amdt 1.2558; ss renum\nR3 LA; A2010-50 amdt 1.11; ss renum R23 LA; A2011-3\namdt 3.277; A2011-41 amdt 5.24, amdt 5.25; A2015-19 s 55;\nA2020-16 s 55, s 56; A2025-29 amdt 4.108\nRegistration of re-entry by lessor\ns 87 am Ord1930-19 s 4; Ord1967-46 sch; A1993-89 sch;\nA1995-53 sch 2; A1998-54 sch\nEntry of expiration of lease in register\ns 87A hdg am A1993-89 note\ns 87A ins Ord1930-19 s 5\nam Ord1961-7 s 11; A1993-89 sch\nResumption and withdrawal of land from lease\ns 87B ins Ord1930-19 s 5\nam Ord1989-38 sch 1; A1993-89 sch; A1995-53 sch 2;\nA2001-44 amdt 1.2559; A2025-29 amdt 4.108\nExtension or variation of lease\ns 87C ins A1995-53 s 36\nam A2001-44 amdt 1.2560; A2025-29 amdt 4.108\n\nLessee may sublet\ns 88 am Ord1983-68 s 8; A1993-89 sch; A1995-53 s 37, sch 2;\nA2001-44 amdt 1.2561; ss renum R3 LA; A2015-19 s 56;\nA2023-36 amdt 1.218; A2025-29 amdt 4.108\nApplication of land sublease provisions\ns 88A ins A2015-19 s 57\nam A2023-36 amdt 1.219\nLand subleases—registration\ns 88B ins A2015-19 s 57\nsub A2023-36 amdt 1.220\nLand subleases—mortgages\ns 88C ins A2015-19 s 57\nLand subleases—transfers\ns 88D ins A2015-19 s 57\nam A2023-36 amdt 1.221, amdt 1.228\nLand subleases—no further subleases\ns 88E ins A2015-19 s 57\nLand subleases—surrender\ns 88F ins A2015-19 s 57\nWithdrawal of land under land sublease\ns 88G ins A2015-19 s 57\nSurrender etc of land sublease—payment for improvements\ns 88H ins A2015-19 s 57\nam A2023-36 amdt 1.221, amdt 1.222, amdt 1.228\nACAT review of value of improvements on land under land sublease etc\ns 88I ins A2015-19 s 57\nRecovery of land under land sublease if sublessee in unlawful possession\ns 88J ins A2015-19 s 57\nDetermination of lease to determine sublease\ns 90 am Ord1942-15 s 3; A1995-53 sch 2; A2000-82 s 9\nSurrender of lease without prejudice to subleases with view to grant of new\ns 90A ins Ord1942-15 s 4\nam Ord1985-71 s 4; A1995-53 s 38, sch 2\nom A2000-82 s 10\n\nCovenants to be implied in subleases\ns 91 am A1995-53 sch 2\nSurrender of lease\ndiv 10.2A hdg ins A2000-82 s 11\nSurrender of lease not to affect sublease\ns 91A ins A2000-82 s 11\nSurrender of lease not to affect mortgage\ns 91B ins A2000-82 s 11\nNew lease—continuation of interests noted on surrendered lease\ns 91C ins A2000-82 s 11\nMortgages and encumbrances\ndiv 10.3 hdg (prev pt 10 div 3 hdg) renum R3 LA\nLand—how mortgaged or encumbered\ns 92 am Ord1983-68 s 9; A1993-89 sch; A1995-53 s 39, sch 2;\nA2001-44 amdt 1.2562; ss renum R3 LA; A2020-16 s 57;\nMortgage or encumbrance—postponement of priority\ns 92A ins Ord1972-11 s 2\nam A1993-89 sch; A1995-53 s 40, sch 2; A2000-82 s 12;\nA2001-44 amdt 1.2563; A2020-16 s 58; A2025-29\nMortgage or encumbrance—effect\ns 93 am A1995-53 s 41, sch 2\nPower to sell\ns 94 am Ord1970-6 s 7; Ord1989-38 sch 1; A1991-22 s 11;\nA1993-89 sch; A1995-53 s 42, sch 2\nSale by mortgagee—vesting\ns 95 sub A1995-53 s 43\nSale by court order—application by mortgagor etc\ns 95A ins A2000-82 s 13\nDefault, entry and possession—action for recovery\ns 96 am A1995-53 s 44, sch 2\nOrder for foreclosure on default\ns 97 am Ord1975-33 s 6; A1995-53 sch 2; A1997-96 sch 1;\nA2016-18 amdt 3.116, amdt 3.117\nApplication—how made effective\ns 98 am A1993-89 sch; A1995-53 sch 2; A2001-44 amdts 1.2564-\n1.2566; ss renum R3 LA (see A2001-44 amdt 1.2567);\nA2018-33 s 84; A2025-29 amdt 4.108\n\nMortgagee to receive rent\ns 99 hdg sub A1995-53 notes\ns 99 am A1995-53 sch 2; A2007-3 amdt 3.306; A2025-3 amdt 1.17\nMortgagee of leasehold entering into possession liable to lessor\ns 100 am A1995-53 sch 2\nRight of Territory if determination revoked and amount secured not paid\ns 100A ins Ord1970-6 s 8\nam Ord1989-38 sch 1; A1991-22 s 11; A1993-89 sch;\nA1996-53 sch 2; A2000-79 amdt 1.1\nDischarge of mortgages and encumbrances\ns 101 am Ord1951-9 s 2; A1993-89 sch\nsub A1995-53 s 45\nam A2001-44 amdt 1.2568; A2020-16 s 59, s 60; ss renum\nR40 LA; A2025-29 amdt 4.108\nVariation of mortgages\ns 101A ins Ord1956-16 s 8\nam A1993-89 sch; A1995-53 s 46, sch 2; A2001-44\namdt 1.2569, amdt 1.2570; A2020-16 s 61; A2025-29\nEntry of satisfaction of annuity\ns 102 am A1993-89 sch; A1995-53 sch 2\nFacilitation of redemption in case of absent or unknown mortgagees\ns 103 am Ord1983-39 s 7; A1993-64 sch 1; A1993-89 sch; A1995-53\nsch 2; A2001-44 amdt 1.2571, amdt 1.2572; A2025-29\nMemoranda of provisions\ndiv 10.3A hdg (prev pt 10 div 3A hdg) ins Ord1983-68 s 10\nRegistration of memoranda of provisions\ns 103A ins Ord1983-68 s 10\nam A1993-89 sch; A1995-53 s 47, sch 2; A1997-96 sch 1;\nA2001-44 amdt 1.2573; A2025-29 amdt 4.108\nEasements and other incorporeal rights\ndiv 10.3B hdg (prev pt 10 div 3B hdg) ins A1995-53 s 48\nEasements—registration\ns 103B ins A1995-53 s 48\nam A2001-44 amdt 1.2574; A2025-29 amdt 4.108\nEasements in gross—registration, transfer and extinguishment\ns 103C ins A1995-53 s 48\nam A2001-44 amdt 1.2575; A2025-29 amdt 4.108\n\nEasements—same owner of benefited and burdened land\ns 103D ins A1995-53 s 48\nEasements—subdivision of dominant tenement\ns 103DA ins A2000-82 s 14\nExtinguishment of easement\ns 103E ins A1995-53 s 48\nam A2000-82 s 15; A2001-44 amdt 1.2576; ss renum R3 LA;\nEasements—variation\ns 103F ins A1995-53 s 48\nam A2001-44 amdt 1.2577; A2025-29 amdt 4.108\nIncorporeal rights—registration\ns 103G ins A1995-53 s 48\nam A2001-44 amdt 1.2578; A2025-29 amdt 4.108\nIncorporeal rights—extinguishment\ns 103H ins A1995-53 s 48\nam A2001-44 amdt 1.2579; A2025-29 amdt 4.108\nCaveat against dealings\ndiv 10.4 hdg (prev pt 10 div 4 hdg) renum R3 LA\nLodging of caveat\ns 104 am A1993-89 sch; A1995-53 s 49, sch 2; A1997-96 sch 1; ss\nand pars renum R3 LA; A2007-3 amdt 3.307; A2025-3\namdt 1.17\nEntering a caveat in register\ns 104A ins A1995-53 s 50\nam A2001-44 amdt 1.2580, pars renum R3 LA (see A2001-44\namdt 1.2581), amdt 1.2582; A2025-29 amdt 4.108\nWithdrawal of caveats\ns 104B ins A1995-53 s 50\nNotice of caveat\ns 105 am Ord1937-27 sch 2; A1995-53 s 51; A2007-3 amdt 3.308;\nA2025-3 amdt 1.17\nSurrender and regrant of lease of land affected by caveat\ns 105A ins A2000-82 s 16\nCaveat lapsing\ns 106 am Ord1937-27 sch 2\nsub A1995-53 s 52\nam A2000-82 s 17; A2007-3 amdt 3.309; A2025-3 amdt 1.17\n\nRemoval of caveat\ns 107 am A1993-89 sch\nsub A1995-53 s 52\nam A2001-44 amdt 1.2583, amdt 1.2584; A2025-29\nEffect on dealings\ns 107A ins A1995-53 s 52\nRemoval of caveat by registrar-general\ns 107B ins A1995-53 s 52\nSuccessive caveats\ns 107C ins A1995-53 s 52\nDeterminations under Rates and Land Rent (Relief) Act 1970\ndiv 10.5 hdg (prev pt 10 div 5 hdg) ins Ord1970-6 s 9\nam A1991-118 sch 1, pt 9\nCertain documents under Rates and Land Rent (Relief) Act 1970 to be\ninstruments affecting land\ns 108A hdg am A1995-53 notes\ns 108A ins Ord1970-6 s 9\nam A1991-22 s 11; A1995-53 sch 2\nEffect of registration of determination\ns 108B ins Ord1970-6 s 9\nam Ord1989-38 sch 1; A1991-22 s 11; A1995-53 sch 2\nRegistration of memorandum of discharge\ns 108C ins Ord1970-6 s 9\nam A1991-22 s 11; A1993-89 sch; A1995-53 sch 2; A2000-79\namdt 1.2\nFees not payable\ns 108D ins Ord1970-6 s 9\nam A1991-22 s 11; A1995-53 s 53\nom A2001-44 amdt 1.2585\nEffect of covenant\ns 109 am A1995-53 sch 2\nCovenants by person with self and another or others\ns 110 hdg am A1995-53 notes\ns 110 am A1995-53 sch 2\nImplied covenants to be joint and several\ns 111 am A1995-53 sch 2\nBenefit of implied covenants\ns 113 am A1996-53 sch 2\n\nImplied covenants with mortgagees\ns 115 am A1995-53 sch 2\nGeneral covenants to be implied in instruments\ns 116 am A1995-53 sch 2\nTransferring of land subject to mortgage, encumbrance or charge to\nindemnify transferor\ns 117 am Ord1970-6 s 10; Ord1989-38 sch 1; A1995-53 sch 2\nCovenant implied in mortgage\ns 118 am A1995-53 sch 2\nCovenants of lessees\ns 119 am A1995-53 sch 2; A2015-19 s 58\nPowers in lessor\ns 120 am A1995-53 sch 2; A1997-7 s 13; A2005-21 amdt 1.13;\nA2015-19 s 59; ss renum R32 LA; A2024-11 amdt 2.21,\namdt 2.22\nAbbreviated forms of words for covenants in leases\ns 121 am A1995-53 sch 2\nAbbreviated form in mortgage\ns 122 am A1995-53 sch 2\nPt 11 not to apply to Crown leases\ns 123 am A1995-53 sch 2\nPt 11 not to apply to residential tenancy agreements\ns 123A ins A1998-4 sch\nPt 11 does not apply to leases under Leases (Commercial and Retail) Act\ns 123B ins A2001-18 s 173\nBuilding management statements\npt 11A hdg ins A2020-4 s 33\nDefinitions—pt 11A\ns 123C ins A2020-4 s 33\ndef approved ins A2020-4 s 33\nom A2021-25 s 4\ndef building lessee ins A2021-25 s 4\ndef building management committee ins A2020-4 s 33\ndef building management statement ins A2020-4 s 33\ndef parties ins A2020-4 s 33\nom A2021-25 s 4\n\ndef registered building management statement ins\nA2020-4 s 33\ndef relevant building ins A2021-25 s 4\nBuilding management statement may be registered\ns 123D ins A2020-4 s 33\nam A2021-25 ss 5-8; ss renum R43 LA; A2023-36 amdt 1.228\nEffect of building management statement\ns 123E ins A2020-4 s 33\nam A2021-25 ss 9-11; A2023-36 amdt 1.223\nFormal requirements for building management statement\ns 123F ins A2020-4 s 33\nam A2021-25 ss 12-15\nBuilding management committee—procedure\ns 123G ins A2020-4 s 33\nAmendment of building management statement\ns 123H ins A2020-4 s 33\nom A2021-25 16\nTerritory planning authority approval of building management statement\ns 123I hdg am A2023-36 amdt 1.228\ns 123I ins A2020-4 s 33\nsub A2021-25 s 17\nam A2023-36 amdt 1.228\nNo notice of trusts to be entered in register\ns 124 hdg am A1993-89 note\ns 124 am A1993-89 sch; A1995-53 sch 2; ss renum R3 LA;\nA2013-11 amdt 1.6; A2020-16 s 62\nHow survivorship among trustees may be banned except on order of judge\ns 126 am Ord1937-27 sch 2; A1993-89 sch\nom A1995-53 s 54\nNotice to be published before order\ns 127 am Ord1937-27 sch 2\nom A1995-53 s 54\nRegistrar-general to carry out order of court vesting trust estate\ns 128 am Ord1933-26 s 4; Ord1937-27 sch 2; A1993-89 sch;\nA1995-53 sch 2; A2007-3 amdt 3.310; A2025-3 amdt 1.17\nAction may be brought by person claiming beneficial interest in name of\ntrustee\ns 129 om A1995-53 s 54\n\nPowers of attorney\ns 130 am Ord1926-8 s 3\nsub Ord1956-16 s 9\nam Ord1957-12 s 11; A1995-53 sch 2; A2006-50 amdt 2.12\nRevocation of power of attorney\ns 131 am Ord1956-16 s 10; A1993-89 sch; A1995-53 s 55;\nA2001-44 amdt 1.2586, amdt 1.2587\nom A2006-50 amdt 2.13\nTransmission by bankruptcy or insolvency\ns 132 am A1993-89 sch; A1995-53 sch 2; A2001-44 amdt 1.2588;\nA2020-16 s 63; A2025-29 amdt 4.108\nMortgagee of leasehold interest of bankrupt may be entered as transferee of\ns 133 am A1993-89 sch; A1995-53 sch 2\nMarriage of female proprietor to be certified to registrar\ns 134 om Ord1986-31 s 7\nTransmission on death of proprietor\ns 135 am Ord1957-12 s 12; Ord1985-9 sch 2; A1993-89 sch\nsub A1995-53 s 56\nam A2001-44 amdt 1.2589; A2025-29 amdt 4.108\nTrusts—protection\ns 136 am Ord1930-19 s 6; Ord1957-12 s 13; Ord1969-9 s 5;\nOrd1985-9 sch 2; A1993-89 sch\nsub A1995-53 s 56\nPowers of registrar in dealing with applications of executors and\nadministrators\ns 137 am Ord1927-21 s 12; A1993-89 sch\nom A1995-53 s 56\nTrusts protected\ns 138 om A1995-53 s 56\nAppointment of new or additional trustees\ns 138A ins Ord1933-26 s 5\nam Ord1933-34 s 3; A1993-89 sch; A1995-53 sch 2;\nA2020-16 s 64\nRegistration of declaration by executor\ns 138B ins Ord1934-14 s 2\nam Ord1967-46 sch; Ord1977-47 s 5; Ord1978-24 s 4;\nOrd1982-78 s 3; Ord1983-39 s 8; A1993-64 sch 1; A1993-89\nsch; A1995-53 s 57, sch 2; A2001-44 amdt 1.2590; A2025-29\n\nFees and forms\npt 15 hdg am A1995-53 s 58\nsub A2001-44 amdt 1.2591\nApproved forms\ns 138C ins A1995-53 s 59\nom A2001-44 amdt 1.2591\nDetermination of fees, charges and other amounts\ns 139 am Ord1930-19 sch\nsub Ord1956-16 s 11\nam Ord1963-6 s 3; Ord1977-47 s 6; Ord1979-16 s 5\nsub Ord1983-39 s 9\nam Ord1983-68 s 11; Ord1986-22 s 5; A1993-89 sch;\nA1995-53 s 60\nsub A2001-44 amdt 1.2591\nam A2001-58 s 99; A2002-39 amdt 1.5; A2013-7 amdt 1.9;\nA2017-1 amdt 1.104; pars renum R36 LA; A2025-29\nApproved forms\ns 140 am Ord1925-12 s 3; Ord1937-27 sch 2; Ord1938-15 s 2;\nOrd1951-9 s 3\nom Ord1956-16 s 12\nins A2001-44 amdt 1.2591\nam A2001-58 s 100; A2013-7 amdt 1.10; A2017-1 amdt 1.105;\npars renum R36 LA; A2025-29 amdt 4.108\nPercentage to be levied for registration of transfer\ns 141 am Ord1930-19 sch; Ord1933-26 s 6; Ord1936-15 s 3 (as am\nby Ord1937-27); Ord1967-46 sch\nom Ord1969-9 s 6\nPayment of certain fees to registrar-general\ns 142 am Ord1930-19 sch; Ord1986-22 s 6; A1993-89 sch;\nA1995-53 s 61\nom A2001-44 amdt 1.2591\nRemission of fees\ns 142A ins Ord1927-21 s 13\nam Ord1930-19 sch; Ord1951-9 s 4\nom Ord1969-9 s 7\nDamages in certain cases\ns 143 am Ord1930-19 sch; Ord1989-38 sch 1; A1995-53 sch 2\nDamages and costs to be paid by Territory\ns 144 am Ord1930-19 sch; Ord1937-27 sch 2; Ord1989-38 sch 1;\nA1995-53 sch 2\n\nMoneys paid by Territory may be recovered against estate of deceased or\nbankrupt person\ns 145 am Ord1930-19 sch; Ord1977-18 s 16; Ord1989-38 sch 1;\nA1995-53 sch 2\nWhere person liable is out of jurisdiction\ns 146 am Ord1930-19 sch; Ord1937-27 sch 2; Ord1977-18 s 17;\nOrd1989-38 sch 1; A1991-53 s 12; A1995-53 sch 2\nTerritory only liable in certain cases\ns 147 am Ord1930-19 sch; Ord1989-38 sch 1; A2020-16 s 65\nProprietor may summon registrar-general to show cause if dissatisfied\ns 148 am Ord1937-27 sch 2; A1995-53 sch 2; A1997-96 sch 1\nSpecial case when applicant dissatisfied with objection of registrar-general\ns 149 am A1995-53 sch 2\nRegistrar-general may state case for court\ns 150 am A1995-53 sch 2\nCosts of proceedings\ns 151 hdg am A1995-53 notes\ns 151 am Ord1930-19 sch; Ord1989-38 sch 1; A1995-53 sch 2\nRegistered proprietor protected against ejectment except in certain cases\ns 152 am Ord1970-6 s 11; Ord1989-38 sch 1; A1995-53 sch 2; pars\nrenum R3 LA; A2020-16 ss 66-68\nIn case of ejectment of defendant who has made improvements their value\nmay be assessed\ns 153 am Ord1930-19 sch; Ord1989-38 sch 1; A1995-53 sch 2;\nA2002-40 amdt 3.26; A2020-16 s 69, s 70; ss renum R40 LA\nCompensation for party deprived of land\ns 154 am Ord1930-19 sch; Ord1989-38 sch 1; A1993-89 sch;\nA1995-53 sch 2; A2020-16 s 71, s 72\nWhen actions may lie against registrar-general as nominal defendant\ns 155 am Ord1930-19 sch; Ord1989-38 sch 1; A1993-89 sch;\nA1995-53 sch 2; A2020-16 s 73\nNotice of action\ns 156 am Ord1930-19 sch; Ord1985-66 sch; Ord1989-38 sch 1; ss\nsub A2006-40 amdt 2.115\nLimitation of actions\ns 157 am Ord1930-19 sch\nom Ord1985-66 sch\nRegistrar-general not to be liable for acts done bona fide\ns 158 am Ord1930-19 sch; Ord1989-38 sch 1; A1995-53 sch 2\n\nPurchasers and mortgagees protected\ns 159 am A1995-53 sch 2\nCorrections and alterations\npt 17 hdg sub A1995-53 s 62\nCorrection of errors\ns 160 am Ord1937-27 sch 2\nsub A1995-53 s 62\nPower of court\ns 161 am Ord1937-27 sch 2; A1993-89 sch\nsub A1995-53 s 62\nCorrection of duplicate certificate etc\ns 162 am Ord1937-27 sch 2; A1993-89 sch\nsub A1995-53s 62\nom A2020-16 s 74\nAmend or alter name or address entered in register\ns 162A ins A1995-53 s 62\nNotification and review of decisions\npt 18 hdg om A2001-44 amdt 1.2592\nins A2020-4 s 34\nDefinitions—pt 18\ns 163 om A2001-44 amdt 1.2592\nins A2020-4 s 34\ndef applicant ins A2020-4 s 34\ndef reviewable decision ins A2020-4 s 34\nReviewable decision notices\ns 163A ins A2020-4 s 34\nApplications for review\ns 164 am Ord1937-27 sch 2\nom A2001-44 amdt 1.2592\nins A2020-44 s 34\nRegistrar-general may hold instrument for safekeeping\ns 164A ins A1995-53 s 63\nam A1997-96 sch 1; A2001-44 amdt 1.2593, amdt 1.2594\nom A2020-16 s 74\n\nOffence for certain fraudulent acts\ns 165 hdg sub A2007-3 amdt 3.311\ns 165 am Ord1967-46 sch; A1993-89 sch; A1995-53 sch 2;\nA1998-54 sch; A2001-44 amdt 1.2595, amdt 1.2596;\nA2020-16 ss 75-77\nConviction not to affect civil remedy\ns 166 am A1995-53 sch 2\nProsecutions and recovery of penalties\ns 167 am A1995-53 sch 2\nUse of prescribed forms\ns 168 sub Ord1979-16 s 6\nDocument bearing imprint of seal of registrar-general\ns 168A ins Ord1979-16 s 6\nam A1998-54 sch\nAlteration of forms\ns 169 am Ord1925-12 s 4; Ord1930-19 sch; Ord1977-18 s 18;\nOrd1979-16 s 7\nGeneral form of application\ns 169A ins Ord1961-7 s 12\nSales by order of court etc\ns 170 am Ord1970-6 s 12, sch 2; Ord1989-38 sch 1; A1991-22 s 11;\nA1993-89 sch; A1995-53 sch 2; ss renum R3 LA; A2006-40\namdt 2.116\nSurrender and regrant of lease of land affected by writ\ns 170A ins A2000-82 s 18\nam A2006-40 amdt 2.117\nConditions of sale of land under this Act\ns 171 am A1995-53 sch 2; A2020-16 s 78; pars renum R40 LA\nSeal of corporation substituted for signature\ns 172 am A1995-53 sch 2\nom A2000-82 s 19\nAttesting of instruments\ns 173 am Ord1961-7 s 13\nsub A1995-53 s 64\nam A2020-16 s 79\n\nMode of proving execution\ns 174 am Ord1937-27 sch 2; A1993-89 sch\nom A1995-53 s 64\nAcknowledgment by married woman not necessary\ns 175 om Ord1986-31 s 8\nPlace of signing to be stated\ns 176 om A1995-53 s 64\nSignature in ink\ns 177 om A2016-37 amdt 1.27\nService of notices\ns 178 am A1993-89 sch\nsub A1995-53 s 65\nRegistrar-general may collect information\ns 178A ins A2016-37 amdt 1.28\nRegistrar-general must give information about certain transactions and\ninstruments to revenue commissioner\ns 178B ins A2017-1 amdt 1.106\nam A2018-2 amdt 1.15, amdt 1.16; pars renum R37 LA;\nA2023-13 s 18; A2023-36 amdt 1.224; A2024-29 s 38, s 39\nExpiry of provision\ns 178C ins A2020-26 amdt 1.2\nsub A2023-36 amdt 1.225\nexp 26 November 2028 (s 178C)\nRegulation-making power\ns 179 am Ord1930-19 sch; Ord1977-18 s 19; Ord1983-39 s 10;\nOrd1989-38 sch 1\nsub A1995-53 s 65\nsub A2001-44 amdt 1.2597\nTransitional\npt 20 ins A2000-80 amdt 3.10\nSavings of titles with words ‘no survivorship’ endorsed\ns 180 ins A2000-80 amdt 3.10\n\nThe schedules\nschs hdg om A1993-89 sch\nsch 1 orig 1st sch am Ord1930-19 sch; Ord1956-16 s 13;\nOrd1967-46 sch; Ord1975-33 s 7; Ord1983-39 s 11;\nOrd1986-31 s 9; A1993-64 sch 1\n(prev sch 7 (7th sch)) renum by A1993-89 s 4\nam A1995-53 sch 2\nDocuments required to be in approved form\nsch 2 orig sch 2 (2nd sch) am Ord1930-19 sch; Ord1963-6 s 4;\nOrd1967-46 sch; A1993-64 sch 1\n(prev sch 18) renum by A1993-89 s 4\nsub A1995-53 s 66, sch 1\nom A2001-44 amdt 1.2598\nMatters subject to determination of fees\nsch 3 (prev 3rd sch) am Ord1930-19 sch; A1993-64 sch 1\nins A1995-53 sch 1\nom A2001-44 amdt 1.2598\nsch 4 (prev 4th sch) am Ord1930-19 sch; Ord1967-46 sch;\nOrd1975-33 sch; Ord1986-31 s 10; A1993-64 sch 1\nsch 5 (prev 5th sch) am Ord1930-19 sch; Ord1967-46 sch;\nOrd1975-33 sch; Ord1986-31 s 11; A1993-64 sch 1\nsch 6 (prev 6th sch) am Ord1930-19 sch; Ord1967-46 sch;\nOrd1975-33 sch; Ord1986-31 s 12; A1993-64 sch 1\nsch 7 (prev 7th sch) renum sch 1 A1993-89 s 4\nsch 8 (prev 8th sch) am Ord1930-19 sch; Ord1967-46 sch;\n\nsch 9 (prev 9th sch) am Ord1930-19 sch; Ord1967-46 sch;\nsch 10 (prev 10th sch) am Ord1930-19 sch; Ord1967-46 sch;\nsch 11 (prev 11th sch) am Ord1930-19 sch; Ord1967-46 sch;\nOrd1975-33 sch; Ord1986-31 s 13; A1993-64 sch 1\nsch 12 (prev 12th sch) am Ord1930-19 sch\nom Ord1956-16 s 14\nsch 13 (prev 13th sch) am Ord1930-19 sch\nom Ord1956-16 s 14\nsch 14 om A1993-89 sch\nsch 15 (prev 15th sch) am Ord1930-19 sch; Ord1937-27 sch 2;\nOrd1967-46 sch; A1993-64 sch 1\nsch 16 (prev 16th sch) am Ord1930-19 sch; Ord1967-46 sch;\nA1993-64 sch 1\nsch 17 om A1993-89 sch\n\nsch 18 (prev 18th sch) am Ord1925-12 s 5; Ord1930-19 s 7;\nOrd1933-26 s 7; Ord1940-16 s 5; Ord1951-9 s 5\nsub Ord1956-16 s 15\nam Ord1961-7 s 14\nsub Ord1963-6 s 5\nam Ord1967-46 s 5; Ord1969-9 s 8; Ord1975-33 s 8\nsub Ord1977-47 s 7\nam Ord1978-24 s 5; Ord1979-16 s 8; Ord1980-13 s 5;\nOrd1982-78 s 4\nsub Ord1983-39 s 12\nam Ord1983-68 s 12; Ord1986-44 s 3\nrenum as sch 2 A1993-89 s 4\nsch 19 (prev 19th sch) om A1993-89 sch\nsch 20 (prev 20th sch) ins Ord1927-21 s 14\nam Ord1930-19 sch; A1993-64 sch 1\nsch 21 (prev 21st sch) ins Ord1940-16 s 6\nsch 22 (prev 22nd sch) ins Ord1956-16 s 16\nam Ord1967-46 sch; A1993-64 sch 1\nsch 23 (prev 23rd sch) ins Ord1961-7 s 15\nsch 24 (prev 24th sch) ins Ord1972-11 s 3\nsch 25 (prev 25th sch) ins Ord1983-68 s 13\n\ndict ins A2007-3 amdt 3.312\nam A2007-25 amdt 1.89; A2008-14 amdt 1.40; A2009-20\namdt 3.116; A2011-3 amdt 3.278; A2012-40 amdt 3.62;\nA2013-39 amdt 2.35 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55)); A2015-19 s 60; A2015-33 amdt 1.130; A2017-1\namdt 1.107; A2020-16 s 80; A2023-36 amdt 1.226\ndef administrative interest ins A2007-25 amdt 1.90\nam A2014-18 amdt 3.56\ndef applicant ins A2020-4 s 35\nom A2021-25 s 19\ndef approved ins A2020-4 s 35\nom A2021-25 s 19\ndef authorised entity ins A2007-25 amdt 1.90\nsub A2014-18 amdt 3.57\ndef building lessee ins A2021-25 s 20\ndef building management committee ins A2020-4 s 35\ndef building management statement ins A2020-4 s 35\nsub A2021-25 s 21\ndef building sublease ins A2015-19 s 61\ndef caveator am A1995-53 s 6\ndef computer folio ins A1993-89 sch\ndef court ins A2007-3 amdt 3.298\ndef Crown land reloc from s 6 A2007-3 amdt 3.304\ndef Crown lease am Ord1927-21 s 2; A2007-3 amdt 3.299\nsub A2007-25 amdt 1.91\ndef daily newspaper ins A2015-33 amdt 1.131\nom A2018-33 s 85\ndef declared land sublease ins A2015-19 s 61\ndef E-Conveyancing Law ins A2020-16 s 81\ndef encumbrance reloc from s 6 A2007-3 amdt 3.304\ndef encumbrancee reloc from s 6 A2007-3 amdt 3.304\ndef encumbrancer am A1995-53 sch 2\ndef Federal Capital Commission ins A2007-3 amdt 3.300\nam A2014-18 amdt 3.58\ndef grant am Ord1927-21 s 2\nsub A2007-3 amdt 3.301\n\ndef instrument am Ord1961-7 s 5\nsub Ord1983-68 s 3\nam A1995-53 s 6\nam A2015-19 s 62\ndef Land Act ins A1991-118 sch 1 pt 9\nom A2007-25 amdt 1.92\ndef land sublease ins A2015-19 s 63\ndef lodge ins A1995-53 s 6\ndef memorandum of provisions ins Ord1983-68 s 3\ndef memorial ins A1995-53 s 6\ndef mortgage reloc from s 6 A2007-3 amdt 3.304\ndef mortgagee reloc from s 6 A2007-3 amdt 3.304\ndef mortgagee corporation ins A2020-16 s 81\ndef mortgagor am A1995-53 sch 2\ndef parties ins A2020-4 s 35\nom A2021-25 s 22\ndef proprietor sub Ord1957-12 s 2\ndef register ins A1995-53 s 6\ndef registered building management statement ins\nA2020-4 s 35\nsub A2021-25 s 23\ndef registrable form ins A2007-3 amdt 3.312\ndef relevant building ins A2021-25 s 24\ndef reviewable decision ins A2020-4 s 35\nom A2021-25 s 25\ndef transfer am A1995-53 sch 2\ndef transmission am A2006-22 amdt 1.70 (A2006-22 rep\nbefore commenced by disallowance (see Cwlth Gaz 2006\nNo S93))\nam A2008-14 amdt 1.39; A2012-40 amdt 3.61\ndef units plan ins A2015-19 s 63\ndef verification of authority rules ins A2020-16 s 81\ndef verification of identity rules ins A2020-16 s 81\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\n1 A1995-53 20 June 1996\n2 A1998-4 1 July 1998\n3 A2001-58 7 March 2002\n4* A2001-58 11 March 2002\n5 A2001-58 1 July 2002\n6 A2002-39 11 October 2002\n7 A2002-40 1 November 2002\n8 A2003-14 28 March 2003\n9 A2003-14 1 July 2003\n10* A2003-34 1 September 2003\n11 A2004-15 9 April 2004\n12 A2005-21 12 November 2005\n13 A2006-40 29 September 2006\n14 A2006-40 19 October 2006\n15 A2007-3 12 April 2007\n16 A2007-3 30 May 2007\n17 A2007-33 14 November 2007\n18 A2008-4 31 March 2008\n19 A2008-14 19 May 2008\n20* A2009-20 22 September 2009\n21 A2010-6 3 March 2010\n22 A2010-18 3 June 2010\n\nEarlier republications 5\n23 A2010-50 21 December 2010\n24 A2011-3 1 March 2011\n25 A2011-41 30 March 2012\n26 A2012-40 11 September 2012\n27 A2013-7 4 March 2013\n28 A2013-11 4 April 2013\n29 A2013-39 (never effective) 7 November 2013\n29 (RI) A2013-39 (never effective) ≠ 24 February 2014\n30 A2014-18 10 June 2014\n31 A2015-6 29 June 2015\n32 A2015-19 1 July 2015\n33 A2015-33 14 October 2015\n34 A2016-18 27 April 2016\n35 A2016-37 29 June 2016\n36 A2017-1 18 September 2017\n37 A2018-2 1 March 2018\n38 A2018-33 2 October 2018\n39 A2019-28 2 April 2020\n40 A2020-16 1 June 2020\n41 A2020-20 1 July 2020\n42 A2020-20 1 November 2020\n43 A2021-25 18 November 2021\n44 A2021-33 17 December 2021\n45 A2021-33 8 July 2022\n46 A2022-21 10 Dec 2022\n47 A2023-13 12 April 2023\n\n48 A2023-36 27 November 2023\n49 A2023-57 12 December 2023\n50 A2024-29 16 July 2024\n51 A2025-3 21 March 2025\n52 A2025-3 15 May 2025\n≠ reissue because of High Court decision in relation to A2013-39","sortOrder":215}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":13,"completionTokens":4470},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"Originally enacted to establish a simple register of land titles, the Act has expanded into a comprehensive property administration hub. It now governs electronic conveyancing, building management statements for multi-lease buildings, land sublease controls linked to planning law, recording of administrative interests (such as development approvals and dangerous substances notices), and direct information sharing with taxation and revenue authorities."},"complexity_factors":["Over 180 sections across 20 Parts with numerous Divisions","Extensive Dictionary of defined terms and cross-references to other Territory and Commonwealth laws","Layered electronic conveyancing provisions requiring certification, identity verification, and compliance audits (ss 48BA–48BI)","Nested exceptions to registered title indefeasibility (s 58) and intricate caveat rules (Div 10.4)","Specialised regimes for Crown leases, land subleases, building management statements, and administrative interests","Mixture of archaic 1925 drafting and modern legislative language"],"plain_english_summary":"**What this law does**\n\nThe *Land Titles Act 1925* is the ACT’s central law for recording who owns land and what interests affect it. It creates a government register (kept by the Registrar‑General) that is the official source of truth for property titles in the ACT.\n\n**Who it affects**\n\n- **Home owners, buyers and sellers** – anyone who owns, buys, sells, leases or mortgages land in the ACT.\n- **Banks and lenders** – institutions that take a mortgage or encumbrance (a charge) over land as security.\n- **Tenants and sub‑tenants** – particularly people who hold Crown leases or land subleases from the Territory.\n- **Lawyers and conveyancers** – who must certify their clients’ identity and authority when lodging documents electronically.\n- **Government agencies** – the Territory uses the register to record planning decisions, development approvals, charges for rates relief, and revenue information.\n\n**Why it matters**\n\nThe Act underpins the ACT property market by providing a system of *indefeasible title* (meaning the register is generally conclusive proof of ownership). Because buyers can rely on the register, they do not need to investigate the entire history of a property. The Act also:\n\n- sets out how to register transfers, mortgages, leases, easements and caveats (a caveat is a warning that someone claims an interest in land);\n- creates special rules for Crown leases (land leased from the ACT Government);\n- allows electronic conveyancing and sets identity verification rules;\n- lets building owners register management statements for shared buildings;\n- records *administrative interests* such as planning decisions that affect how land may be used;\n- provides compensation if someone is wrongly deprived of land through fraud or error; and\n- gives the Registrar‑General power to correct mistakes and deal with land when an owner dies or becomes bankrupt."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally a straightforward Torrens title registration law, the Act has expanded significantly. Major additions include Crown lease provisions (Part 9), building management statements (Part 11A), record of administrative interests (Part 8A), electronic conveyancing rules (sections 48BA–48BI), and specific rules for land subleases (sections 88A–88J). These go well beyond the original purpose of simply registering freehold and leasehold interests, now covering government leases, building management, digital lodgment, and reporting to revenue authorities."},"complexity_factors":["Length: over 180 sections across 20 parts, with many subdivisions and schedules.","Definition density: dictionary defines 40+ terms, many with complex meanings.","Cross-references: heavy reliance on other ACT laws (e.g., Planning Act 2023, Duties Act 1999, E-Conveyancing Law).","Conditional logic: numerous provisos, exceptions to exceptions (e.g., caveat lapses, surrender of lease effects).","Multiple layers: e.g., Part 10 has divisions for transfers, leases, mortgages, easements, caveats—each with its own rules.","Implied covenants: Part 11 creates default obligations that can be modified, adding interpretive complexity.","Transitional provisions: Part 20 handles old titles, and section 178C includes a temporary expiry."],"plain_english_summary":"This Act sets up the system for registering land titles in the ACT (the Torrens system). It creates a central register where ownership and other interests in land (like mortgages, leases, and easements) are recorded. The Registrar-General manages the register and decides what can be registered. Once an interest is registered, the registered owner's title is generally protected against other claims (except in cases of fraud). The Act covers:\n\n- **Bringing land under the Act**: How land gets onto the register for the first time.\n- **Dealings**: How interests are transferred, leased, mortgaged, or otherwise dealt with.\n- **Caveats**: A way for someone claiming an interest to temporarily block dealings.\n- **Crown leases**: Special rules for leases granted by the government.\n- **Building management statements**: Rules for managing shared buildings with multiple leases.\n- **Administrative interests**: Recording things like planning approvals that affect land use.\n\nAnyone buying, selling, or mortgaging land in the ACT must follow this Act. It provides certainty because the register is the main source of truth about who owns what."}},"importantCases":[],"_links":{"self":"/api/acts/land-titles-act-1925","history":"/api/acts/land-titles-act-1925/history","analysis":"/api/acts/land-titles-act-1925/analysis","conflicts":"/api/acts/land-titles-act-1925/conflicts","importantCases":"/api/acts/land-titles-act-1925/important-cases","documents":"/api/acts/land-titles-act-1925/documents"}}