{"id":"qld:act-2021-012","name":"Queensland Future Fund (Titles Registry) Act 2021","slug":"queensland-future-fund-titles-registry-act-2021","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"12 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29566,"registerId":"qld-act-2021-012-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Future Fund (Titles Registry) Act 2021 .\ns 1 amd 2021 No. 12 s 143","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nPart 19 commences on 1 January 2022.\nAny other provisions of this Act that are not in force on 1 July 2021 commence on a day to be fixed by proclamation.\ns 2 sub 2021 No. 12 s 144\n(sec.2-ssec.1) Part 19 commences on 1 January 2022.\n(sec.2-ssec.2) Any other provisions of this Act that are not in force on 1 July 2021 commence on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of this Act and how it is to be achieved","content":"### sec.3 Main purpose of this Act and how it is to be achieved\n\nThe main purpose of this Act is to support the State’s contribution to the Queensland Future (Debt Retirement) Fund established under the Queensland Future Fund Act 2020 .\nThe main purpose is to be primarily achieved by—\ndeclaring an entity in which the State has a financial interest to be the entity to whom functions relating to the land registry or water allocations register may be delegated under an Act; and\nproviding for the transfer of assets, liabilities, rights, responsibilities, obligations, operations and employees to the entity; and\nproviding for the entity to collect and keep fees and other amounts relating to the land registry or water allocations register.\nOther purposes of this Act are—\nto ensure the entity mentioned in subsection (2) (a) properly performs the functions delegated to the entity under an Act; and\nto ensure the accuracy, availability, integrity and security of each register in the land registry and the water allocations register are not compromised by the delegation of functions to the entity mentioned in subsection (2) (a) under an Act.\n(sec.3-ssec.1) The main purpose of this Act is to support the State’s contribution to the Queensland Future (Debt Retirement) Fund established under the Queensland Future Fund Act 2020 .\n(sec.3-ssec.2) The main purpose is to be primarily achieved by— declaring an entity in which the State has a financial interest to be the entity to whom functions relating to the land registry or water allocations register may be delegated under an Act; and providing for the transfer of assets, liabilities, rights, responsibilities, obligations, operations and employees to the entity; and providing for the entity to collect and keep fees and other amounts relating to the land registry or water allocations register.\n(sec.3-ssec.3) Other purposes of this Act are— to ensure the entity mentioned in subsection (2) (a) properly performs the functions delegated to the entity under an Act; and to ensure the accuracy, availability, integrity and security of each register in the land registry and the water allocations register are not compromised by the delegation of functions to the entity mentioned in subsection (2) (a) under an Act.\n- (a) declaring an entity in which the State has a financial interest to be the entity to whom functions relating to the land registry or water allocations register may be delegated under an Act; and\n- (b) providing for the transfer of assets, liabilities, rights, responsibilities, obligations, operations and employees to the entity; and\n- (c) providing for the entity to collect and keep fees and other amounts relating to the land registry or water allocations register.\n- (a) to ensure the entity mentioned in subsection (2) (a) properly performs the functions delegated to the entity under an Act; and\n- (b) to ensure the accuracy, availability, integrity and security of each register in the land registry and the water allocations register are not compromised by the delegation of functions to the entity mentioned in subsection (2) (a) under an Act.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 4 amd 2021 No. 12 s 145","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of titles registry function","content":"### sec.5 Meaning of titles registry function\n\nA titles registry function is any of the following functions—\nthe functions of the registrar of titles under a titles registry Act that may be delegated to the operator under a titles registry Act;\nthe functions of the registrar of water allocations under the Water Act 2000 that may be delegated to the operator under that Act.\n- (a) the functions of the registrar of titles under a titles registry Act that may be delegated to the operator under a titles registry Act;\n- (b) the functions of the registrar of water allocations under the Water Act 2000 that may be delegated to the operator under that Act.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"References to functions","content":"### sec.6 References to functions\n\nIn this Act—\na reference to a function includes a power; and\na reference to performing a function includes exercising a power.\n- (a) a reference to a function includes a power; and\n- (b) a reference to performing a function includes exercising a power.","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Operator","content":"# Operator","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Declaration of operator","content":"### sec.7 Declaration of operator\n\nQueensland Titles Registry Pty Ltd ACN 648 568 101 is declared to be the operator for this Act.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions","content":"### sec.8 Functions\n\nThe operator has the following functions—\nto perform titles registry functions delegated to the operator, or other functions given to the operator, under a titles registry Act;\nto decide, collect and keep titles registry amounts;\nto act as the agent for the State or an official under an arrangement under section 46 ;\nto identify and pursue commercial arrangements that are not inconsistent with a function mentioned in paragraph (a) , (b) or (c) .\nThe operator may perform another function, or carry out an activity, only if the function or activity is not inconsistent with a function mentioned in subsection (1) .\n(sec.8-ssec.1) The operator has the following functions— to perform titles registry functions delegated to the operator, or other functions given to the operator, under a titles registry Act; to decide, collect and keep titles registry amounts; to act as the agent for the State or an official under an arrangement under section 46 ; to identify and pursue commercial arrangements that are not inconsistent with a function mentioned in paragraph (a) , (b) or (c) .\n(sec.8-ssec.2) The operator may perform another function, or carry out an activity, only if the function or activity is not inconsistent with a function mentioned in subsection (1) .\n- (a) to perform titles registry functions delegated to the operator, or other functions given to the operator, under a titles registry Act;\n- (b) to decide, collect and keep titles registry amounts;\n- (c) to act as the agent for the State or an official under an arrangement under section 46 ;\n- (d) to identify and pursue commercial arrangements that are not inconsistent with a function mentioned in paragraph (a) , (b) or (c) .","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Operator’s constitution","content":"### sec.9 Operator’s constitution\n\nThe operator’s constitution under the Corporations Act must include the functions of the operator mentioned in section 8 (1) .\nThe operator must ensure its constitution under the Corporations Act is not inconsistent with a function of the operator mentioned in section 8 (1) .\n(sec.9-ssec.1) The operator’s constitution under the Corporations Act must include the functions of the operator mentioned in section 8 (1) .\n(sec.9-ssec.2) The operator must ensure its constitution under the Corporations Act is not inconsistent with a function of the operator mentioned in section 8 (1) .","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Register of subdelegations by operator","content":"### sec.10 Register of subdelegations by operator\n\nThe operator must keep a register of subdelegations by the operator of a titles registry function delegated to the operator under a titles registry Act.\nThe register of subdelegations must include the following information for each subdelegation—\nthe name of the person, or the title of the office of the person, to whom the titles registry function is subdelegated;\na description of the titles registry function subdelegated and any conditions to which the subdelegation is subject.\nThe operator may—\ninclude any other information in the register of subdelegations the operator considers appropriate; and\nkeep the register in the form the operator considers appropriate.\nThe operator must make the register of subdelegations available for inspection on request by an official.\n(sec.10-ssec.1) The operator must keep a register of subdelegations by the operator of a titles registry function delegated to the operator under a titles registry Act.\n(sec.10-ssec.2) The register of subdelegations must include the following information for each subdelegation— the name of the person, or the title of the office of the person, to whom the titles registry function is subdelegated; a description of the titles registry function subdelegated and any conditions to which the subdelegation is subject.\n(sec.10-ssec.3) The operator may— include any other information in the register of subdelegations the operator considers appropriate; and keep the register in the form the operator considers appropriate.\n(sec.10-ssec.4) The operator must make the register of subdelegations available for inspection on request by an official.\n- (a) the name of the person, or the title of the office of the person, to whom the titles registry function is subdelegated;\n- (b) a description of the titles registry function subdelegated and any conditions to which the subdelegation is subject.\n- (a) include any other information in the register of subdelegations the operator considers appropriate; and\n- (b) keep the register in the form the operator considers appropriate.","sortOrder":13},{"sectionNumber":"pt.3","sectionType":"part","heading":"Titles registry amounts","content":"# Titles registry amounts","sortOrder":14},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Entitlement to collect and keep","content":"## Entitlement to collect and keep","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Amounts operator may collect and keep","content":"### sec.11 Amounts operator may collect and keep\n\nThe operator is entitled to collect and keep the following amounts (each a titles registry amount )—\ntitles registry fees;\nfees and charges applying under an agreement under—\nthe Land Act 1994 , section 285A ; or\nthe Land Title Act 1994 , section 198A .\nA titles registry amount—\ndoes not form part of the consolidated fund; and\nis a debt owing to the operator.\n(sec.11-ssec.1) The operator is entitled to collect and keep the following amounts (each a titles registry amount )— titles registry fees; fees and charges applying under an agreement under— the Land Act 1994 , section 285A ; or the Land Title Act 1994 , section 198A .\n(sec.11-ssec.2) A titles registry amount— does not form part of the consolidated fund; and is a debt owing to the operator.\n- (a) titles registry fees;\n- (b) fees and charges applying under an agreement under— (i) the Land Act 1994 , section 285A ; or (ii) the Land Title Act 1994 , section 198A .\n- (i) the Land Act 1994 , section 285A ; or\n- (ii) the Land Title Act 1994 , section 198A .\n- (i) the Land Act 1994 , section 285A ; or\n- (ii) the Land Title Act 1994 , section 198A .\n- (a) does not form part of the consolidated fund; and\n- (b) is a debt owing to the operator.","sortOrder":16},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Titles registry fees","content":"## Titles registry fees","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Titles registry fees","content":"### sec.12 Titles registry fees\n\nThis section applies in relation to a titles registry function performed under a titles registry Act.\nThe matters for which a fee is payable under the titles registry Act in relation to the titles registry function are provided for under schedule 1 .\nThe amount of a fee for a matter mentioned in schedule 1 for a financial year (the relevant financial year ) is—\nfor the financial year starting on 1 July 2021—the amount stated in schedule 1 for the matter; or\nfor the financial year starting on 1 July 2022 or later—the amount decided under section 13 for the relevant financial year.\nA fee for a matter mentioned in schedule 1 and applying under subsection (3) is a titles registry fee .\nThis section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.\nThis section does not affect the operation of any provision of a titles registry Act that provides—\nthat no titles registry fee, or a reduced titles registry fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or\nthat the whole or a part of a titles registry fee may be waived for a stated entity, a stated matter or in stated circumstances.\n(sec.12-ssec.1) This section applies in relation to a titles registry function performed under a titles registry Act.\n(sec.12-ssec.2) The matters for which a fee is payable under the titles registry Act in relation to the titles registry function are provided for under schedule 1 .\n(sec.12-ssec.3) The amount of a fee for a matter mentioned in schedule 1 for a financial year (the relevant financial year ) is— for the financial year starting on 1 July 2021—the amount stated in schedule 1 for the matter; or for the financial year starting on 1 July 2022 or later—the amount decided under section 13 for the relevant financial year.\n(sec.12-ssec.4) A fee for a matter mentioned in schedule 1 and applying under subsection (3) is a titles registry fee .\n(sec.12-ssec.5) This section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.\n(sec.12-ssec.6) This section does not affect the operation of any provision of a titles registry Act that provides— that no titles registry fee, or a reduced titles registry fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or that the whole or a part of a titles registry fee may be waived for a stated entity, a stated matter or in stated circumstances.\n- (a) for the financial year starting on 1 July 2021—the amount stated in schedule 1 for the matter; or\n- (b) for the financial year starting on 1 July 2022 or later—the amount decided under section 13 for the relevant financial year.\n- (a) that no titles registry fee, or a reduced titles registry fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or\n- (b) that the whole or a part of a titles registry fee may be waived for a stated entity, a stated matter or in stated circumstances.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Deciding amount of titles registry fees","content":"### sec.13 Deciding amount of titles registry fees\n\nThe operator must decide the amount of the fee for a matter mentioned in schedule 1 for a financial year, starting with the financial year starting on 1 July 2022.\nThe amount of a fee decided under subsection (1) for a matter for a financial year (the relevant financial year ) must not be more than—\nfor the relevant financial year starting on 1 July 2022—the amount of the fee for the matter stated in schedule 1 , CPI indexed for the relevant financial year; or\nfor a relevant financial year starting on 1 July 2023 or later—the amount of the fee for the matter for the previous financial year, CPI indexed for the relevant financial year.\nIn this section—\nCPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.\nCPI indexed , for a financial year (the relevant financial year ), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—\nthe March quarter for the financial year before the previous financial year to the relevant financial year;\nthe March quarter for the previous financial year to the relevant financial year.\n(sec.13-ssec.1) The operator must decide the amount of the fee for a matter mentioned in schedule 1 for a financial year, starting with the financial year starting on 1 July 2022.\n(sec.13-ssec.2) The amount of a fee decided under subsection (1) for a matter for a financial year (the relevant financial year ) must not be more than— for the relevant financial year starting on 1 July 2022—the amount of the fee for the matter stated in schedule 1 , CPI indexed for the relevant financial year; or for a relevant financial year starting on 1 July 2023 or later—the amount of the fee for the matter for the previous financial year, CPI indexed for the relevant financial year.\n(sec.13-ssec.3) In this section— CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics. CPI indexed , for a financial year (the relevant financial year ), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters— the March quarter for the financial year before the previous financial year to the relevant financial year; the March quarter for the previous financial year to the relevant financial year.\n- (a) for the relevant financial year starting on 1 July 2022—the amount of the fee for the matter stated in schedule 1 , CPI indexed for the relevant financial year; or\n- (b) for a relevant financial year starting on 1 July 2023 or later—the amount of the fee for the matter for the previous financial year, CPI indexed for the relevant financial year.\n- (a) the March quarter for the financial year before the previous financial year to the relevant financial year;\n- (b) the March quarter for the previous financial year to the relevant financial year.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Notice of amount of titles registry fees","content":"### sec.14 Notice of amount of titles registry fees\n\nThe operator must, at least 30 business days before the start of each financial year, starting with the financial year starting on 1 July 2022—\ngive each official written notice of the amount of each titles registry fee for the financial year; and\npublish the amounts of each titles registry fee for the financial year on the operator’s website.\nThe operator may publish the amounts of each titles registry fee in another way the operator considers appropriate.\n(sec.14-ssec.1) The operator must, at least 30 business days before the start of each financial year, starting with the financial year starting on 1 July 2022— give each official written notice of the amount of each titles registry fee for the financial year; and publish the amounts of each titles registry fee for the financial year on the operator’s website.\n(sec.14-ssec.2) The operator may publish the amounts of each titles registry fee in another way the operator considers appropriate.\n- (a) give each official written notice of the amount of each titles registry fee for the financial year; and\n- (b) publish the amounts of each titles registry fee for the financial year on the operator’s website.","sortOrder":20},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Revocation of delegations","content":"## Revocation of delegations","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application of division","content":"### sec.15 Application of division\n\nThis division applies if—\nall delegations of titles registry functions by each official to the operator are revoked; and\nthe Minister administering the Land Title Act 1994 declares, by gazette notice, that all delegations of titles registry functions by each official to the operator have been revoked and this division applies.\nThe day on which the gazette notice mentioned in subsection (1) is published is the revocation day .\n(sec.15-ssec.1) This division applies if— all delegations of titles registry functions by each official to the operator are revoked; and the Minister administering the Land Title Act 1994 declares, by gazette notice, that all delegations of titles registry functions by each official to the operator have been revoked and this division applies.\n(sec.15-ssec.2) The day on which the gazette notice mentioned in subsection (1) is published is the revocation day .\n- (a) all delegations of titles registry functions by each official to the operator are revoked; and\n- (b) the Minister administering the Land Title Act 1994 declares, by gazette notice, that all delegations of titles registry functions by each official to the operator have been revoked and this division applies.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Particular provisions of this Act no longer apply","content":"### sec.16 Particular provisions of this Act no longer apply\n\nAt the end of the revocation day, section 8 (1) (b) and divisions 1 and 2 stop applying.","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Effect of revocation on titles registry fees","content":"### sec.17 Effect of revocation on titles registry fees\n\nThe matters for which a fee is payable under a titles registry Act in relation to a titles registry function performed after the revocation day are the matters provided for under schedule 1 .\nThe amount of a fee for a matter mentioned in schedule 1 for a financial year is—\nthe amount prescribed by regulation; or\nif no amount is prescribed—the amount applying under section 12 (3) for the matter at the start of the revocation day.\nFees payable in relation to a titles registry function performed after the revocation day are to be paid to the State.\nThis section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.\nThis section does not affect the operation of any provision of a titles registry Act that provides—\nthat no fee, or a reduced fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or\nthat the whole or a part of a fee may be waived for a stated entity, a stated matter or in stated circumstances.\n(sec.17-ssec.1) The matters for which a fee is payable under a titles registry Act in relation to a titles registry function performed after the revocation day are the matters provided for under schedule 1 .\n(sec.17-ssec.2) The amount of a fee for a matter mentioned in schedule 1 for a financial year is— the amount prescribed by regulation; or if no amount is prescribed—the amount applying under section 12 (3) for the matter at the start of the revocation day.\n(sec.17-ssec.3) Fees payable in relation to a titles registry function performed after the revocation day are to be paid to the State.\n(sec.17-ssec.4) This section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.\n(sec.17-ssec.5) This section does not affect the operation of any provision of a titles registry Act that provides— that no fee, or a reduced fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or that the whole or a part of a fee may be waived for a stated entity, a stated matter or in stated circumstances.\n- (a) the amount prescribed by regulation; or\n- (b) if no amount is prescribed—the amount applying under section 12 (3) for the matter at the start of the revocation day.\n- (a) that no fee, or a reduced fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or\n- (b) that the whole or a part of a fee may be waived for a stated entity, a stated matter or in stated circumstances.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Effect of revocation on other amounts","content":"### sec.18 Effect of revocation on other amounts\n\nThis section applies in relation to fees and charges applying under an agreement under—\nthe Land Act 1994 , section 285A ; or\nthe Land Title Act 1994 , section 198A .\nAfter the revocation day, the fees and charges are to be paid to the State.\n(sec.18-ssec.1) This section applies in relation to fees and charges applying under an agreement under— the Land Act 1994 , section 285A ; or the Land Title Act 1994 , section 198A .\n(sec.18-ssec.2) After the revocation day, the fees and charges are to be paid to the State.\n- (a) the Land Act 1994 , section 285A ; or\n- (b) the Land Title Act 1994 , section 198A .","sortOrder":25},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transfer of assets and liabilities and other matters","content":"# Transfer of assets and liabilities and other matters","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Minister may decide arrangements","content":"### sec.19 Minister may decide arrangements\n\nThe Minister may decide the arrangements that are to apply to the State and the operator to help achieve the main purpose of this Act through the performance of the operator’s functions mentioned in section 8 (1) .\nFor subsection (1) , the Minister may decide—\nthe most appropriate way for the State to hold an interest in the operator, including, for example, by deciding whether shares in the operator are to be transferred to another entity with or without consideration; and\nthe assets, liabilities, rights, responsibilities, obligations and operations of the State or an official that are to be transferred to the operator; and\nanything else necessary or incidental to facilitate the operation of the operator in a way that achieves the main purpose of this Act.\n(sec.19-ssec.1) The Minister may decide the arrangements that are to apply to the State and the operator to help achieve the main purpose of this Act through the performance of the operator’s functions mentioned in section 8 (1) .\n(sec.19-ssec.2) For subsection (1) , the Minister may decide— the most appropriate way for the State to hold an interest in the operator, including, for example, by deciding whether shares in the operator are to be transferred to another entity with or without consideration; and the assets, liabilities, rights, responsibilities, obligations and operations of the State or an official that are to be transferred to the operator; and anything else necessary or incidental to facilitate the operation of the operator in a way that achieves the main purpose of this Act.\n- (a) the most appropriate way for the State to hold an interest in the operator, including, for example, by deciding whether shares in the operator are to be transferred to another entity with or without consideration; and\n- (b) the assets, liabilities, rights, responsibilities, obligations and operations of the State or an official that are to be transferred to the operator; and\n- (c) anything else necessary or incidental to facilitate the operation of the operator in a way that achieves the main purpose of this Act.","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Transfer notice","content":"### sec.20 Transfer notice\n\nFor the purpose of an arrangement under section 19 , the Minister may, by gazette notice (a transfer notice ), do any of the following—\ntransfer shares in the operator to a stated entity;\ntransfer an asset or liability of the State to the operator;\nmake provision about the consideration for shares or an asset or liability transferred under paragraph (a) or (b) ;\nprovide whether and, if so, the extent to which the operator is the successor in law of the State;\nmake provision for a legal proceeding that is being, or may be, taken by or against the State or an official to be continued or taken by or against the operator;\nmake provision for or about the issue, transfer or application of an instrument to the operator, including—\nwhether the operator holds, or is a party to, an instrument; and\nwhether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and\nwhether a reference to an entity in an instrument is a reference to the operator; and\nwhether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and\nwhether a right or entitlement under an instrument is held by the operator;\nmake provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for the purposes of the arrangement.\nA transfer notice may include conditions applying to something done or to be done under the notice.\nIf the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—\nsigned by the Minister; and\nkept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\nThe transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice.\nA transfer notice has effect despite any other law or instrument.\nA transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice.\nIf a transfer notice makes provision for a matter under subsection (1) (f) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—\nupdating a register or other record; and\namending, cancelling or issuing an instrument.\nIn this section—\ninstrument includes—\nan accreditation, allocation, approval, entitlement, exemption, licence, permit or other authority under an Act; and\nan application, certificate, manual, notice, plan or other document made, issued or given under an Act; and\nan agreement, including an oral agreement.\nresponsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n(sec.20-ssec.1) For the purpose of an arrangement under section 19 , the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer shares in the operator to a stated entity; transfer an asset or liability of the State to the operator; make provision about the consideration for shares or an asset or liability transferred under paragraph (a) or (b) ; provide whether and, if so, the extent to which the operator is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State or an official to be continued or taken by or against the operator; make provision for or about the issue, transfer or application of an instrument to the operator, including— whether the operator holds, or is a party to, an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and whether a reference to an entity in an instrument is a reference to the operator; and whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and whether a right or entitlement under an instrument is held by the operator; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for the purposes of the arrangement.\n(sec.20-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice.\n(sec.20-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n(sec.20-ssec.4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice.\n(sec.20-ssec.5) A transfer notice has effect despite any other law or instrument.\n(sec.20-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice.\n(sec.20-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (f) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument.\n(sec.20-ssec.8) In this section— instrument includes— an accreditation, allocation, approval, entitlement, exemption, licence, permit or other authority under an Act; and an application, certificate, manual, notice, plan or other document made, issued or given under an Act; and an agreement, including an oral agreement. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n- (a) transfer shares in the operator to a stated entity;\n- (b) transfer an asset or liability of the State to the operator;\n- (c) make provision about the consideration for shares or an asset or liability transferred under paragraph (a) or (b) ;\n- (d) provide whether and, if so, the extent to which the operator is the successor in law of the State;\n- (e) make provision for a legal proceeding that is being, or may be, taken by or against the State or an official to be continued or taken by or against the operator;\n- (f) make provision for or about the issue, transfer or application of an instrument to the operator, including— (i) whether the operator holds, or is a party to, an instrument; and (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and (iii) whether a reference to an entity in an instrument is a reference to the operator; and (iv) whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and (v) whether a right or entitlement under an instrument is held by the operator;\n- (i) whether the operator holds, or is a party to, an instrument; and\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and\n- (iii) whether a reference to an entity in an instrument is a reference to the operator; and\n- (iv) whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and\n- (v) whether a right or entitlement under an instrument is held by the operator;\n- (g) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for the purposes of the arrangement.\n- (i) whether the operator holds, or is a party to, an instrument; and\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and\n- (iii) whether a reference to an entity in an instrument is a reference to the operator; and\n- (iv) whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and\n- (v) whether a right or entitlement under an instrument is held by the operator;\n- (a) signed by the Minister; and\n- (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n- (a) updating a register or other record; and\n- (b) amending, cancelling or issuing an instrument.\n- (a) an accreditation, allocation, approval, entitlement, exemption, licence, permit or other authority under an Act; and\n- (b) an application, certificate, manual, notice, plan or other document made, issued or given under an Act; and\n- (c) an agreement, including an oral agreement.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Time within which Minister may act","content":"### sec.21 Time within which Minister may act\n\nThe Minister may not perform a function under this part on or after 1 July 2022.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.22 Effect on legal relationships\n\nNothing done under this part—\nmakes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or\nmakes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\nexcept as expressly provided under a transfer notice, is taken to fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nIf, apart from this subsection, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.\nIn this section—\ninstrument includes an agreement, including an oral agreement.\nrelevant entity means—\nthe State or an officer, employee or agent of the State; or\nthe operator or an officer, employee or agent of the operator.\n(sec.22-ssec.1) Nothing done under this part— makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or except as expressly provided under a transfer notice, is taken to fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; or releases a surety or other obligee, wholly or partly, from an obligation.\n(sec.22-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\n(sec.22-ssec.3) If, apart from this subsection, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.\n(sec.22-ssec.4) In this section— instrument includes an agreement, including an oral agreement. relevant entity means— the State or an officer, employee or agent of the State; or the operator or an officer, employee or agent of the operator.\n- (a) makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or\n- (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\n- (c) except as expressly provided under a transfer notice, is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; or\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (d) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (a) the State or an officer, employee or agent of the State; or\n- (b) the operator or an officer, employee or agent of the operator.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Non-liability for duty","content":"### sec.23 Non-liability for duty\n\nNo duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice.","sortOrder":31},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transfer of employees","content":"# Transfer of employees","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Definition for part","content":"### sec.24 Definition for part\n\nIn this part—\neligible employee means a person—\nwho, immediately before the commencement, was a public service employee of the department (land titles); and\nwhose name is stated in a list of employees who are eligible employees for this part—\nsigned by the chief executive of the department (land titles); and\navailable at the head office of the department (land titles) for inspection by employees stated in the list.\n- (a) who, immediately before the commencement, was a public service employee of the department (land titles); and\n- (b) whose name is stated in a list of employees who are eligible employees for this part— (i) signed by the chief executive of the department (land titles); and (ii) available at the head office of the department (land titles) for inspection by employees stated in the list.\n- (i) signed by the chief executive of the department (land titles); and\n- (ii) available at the head office of the department (land titles) for inspection by employees stated in the list.\n- (i) signed by the chief executive of the department (land titles); and\n- (ii) available at the head office of the department (land titles) for inspection by employees stated in the list.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Transfer of eligible employees to operator","content":"### sec.25 Transfer of eligible employees to operator\n\nOn the commencement—\nan eligible employee becomes an employee of the operator; and\nthe eligible employee stops being employed as a public service employee; and\nthe records of the land registry, to the extent they relate to the employment of the eligible employee, become records of the operator.\n- (a) an eligible employee becomes an employee of the operator; and\n- (b) the eligible employee stops being employed as a public service employee; and\n- (c) the records of the land registry, to the extent they relate to the employment of the eligible employee, become records of the operator.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Preserved employment conditions and rights","content":"### sec.26 Preserved employment conditions and rights\n\nThe transfer of an eligible employee does not—\nmaterially affect the employee’s benefits, entitlements or remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt the employee’s continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nconstitute a retrenchment, redundancy or termination of the employee’s employment by the State; or\nentitle the employee to a payment or other benefit because the employee is no longer employed by the State; or\nrequire the State to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave regardless of any arrangement between the State and the employee.\n- (a) materially affect the employee’s benefits, entitlements or remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) interrupt the employee’s continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or\n- (e) entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or\n- (f) require the State to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave regardless of any arrangement between the State and the employee.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Right to return to public service","content":"### sec.27 Right to return to public service\n\nAn eligible employee may, within 12 months after the commencement, elect to return to being a public service employee by giving written notice to the chief executive officer of the operator.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Conditions on return to public service","content":"### sec.28 Conditions on return to public service\n\nThis section applies to an eligible employee who, under section 27 , elects to return to being a public service employee.\nOn the eligible employee’s return to the public service—\nthe employee is taken not to have stopped being a public service employee when the employee was transferred under section 25 ; and\nthe employee’s service as a public service employee is taken to have continued while the employee was employed by the operator; and\nthe employee’s terms of employment are the same terms of employment that applied to the employee before the employee’s transfer under section 25 , subject to any changes in relevant laws or industrial instruments applying to the employee’s employment.\nSubsection (2) does not allow the eligible employee to claim the benefit of a right or entitlement more than once in relation to the same period of service.\n(sec.28-ssec.1) This section applies to an eligible employee who, under section 27 , elects to return to being a public service employee.\n(sec.28-ssec.2) On the eligible employee’s return to the public service— the employee is taken not to have stopped being a public service employee when the employee was transferred under section 25 ; and the employee’s service as a public service employee is taken to have continued while the employee was employed by the operator; and the employee’s terms of employment are the same terms of employment that applied to the employee before the employee’s transfer under section 25 , subject to any changes in relevant laws or industrial instruments applying to the employee’s employment.\n(sec.28-ssec.3) Subsection (2) does not allow the eligible employee to claim the benefit of a right or entitlement more than once in relation to the same period of service.\n- (a) the employee is taken not to have stopped being a public service employee when the employee was transferred under section 25 ; and\n- (b) the employee’s service as a public service employee is taken to have continued while the employee was employed by the operator; and\n- (c) the employee’s terms of employment are the same terms of employment that applied to the employee before the employee’s transfer under section 25 , subject to any changes in relevant laws or industrial instruments applying to the employee’s employment.","sortOrder":37},{"sectionNumber":"pt.6","sectionType":"part","heading":"Performance of titles registry functions","content":"# Performance of titles registry functions","sortOrder":38},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Application of part","content":"### sec.29 Application of part\n\nThis part applies if an official has delegated a titles registry function of the official to the operator under a titles registry Act.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Use of official’s title","content":"### sec.30 Use of official’s title\n\nFor performing the titles registry function, the operator, or a person to whom the operator has subdelegated the titles registry function under the titles registry Act, may act under the title of the official.\nSubsection (1) does not prevent the operator, or a person to whom the operator has subdelegated the titles registry function under the titles registry Act, from acting under the name of the operator.\n(sec.30-ssec.1) For performing the titles registry function, the operator, or a person to whom the operator has subdelegated the titles registry function under the titles registry Act, may act under the title of the official.\n(sec.30-ssec.2) Subsection (1) does not prevent the operator, or a person to whom the operator has subdelegated the titles registry function under the titles registry Act, from acting under the name of the operator.","sortOrder":41},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Roles","content":"## Roles","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Role of official","content":"### sec.31 Role of official\n\nThe official is to monitor and review the performance of the titles registry function by the operator in the way and to the extent the official considers appropriate.","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Role of operator","content":"### sec.32 Role of operator\n\nThe operator is responsible for ensuring that the titles registry function is properly performed by the person to whom the titles registry function has been subdelegated under the titles registry Act.","sortOrder":44},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Directions","content":"## Directions","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":"Power to give directions","content":"### sec.33 Power to give directions\n\nThe official may give the operator a direction about the performance of the titles registry function.\nThe official may act under subsection (1) only if the official is satisfied it is necessary to give the direction—\nto ensure the proper performance of titles registry functions delegated to the operator; or\nto ensure the official is able to properly perform the official’s titles registry functions; or\nto ensure the accuracy, availability, integrity or security of a titles register.\nThe direction must be in writing but may be given orally if the official considers immediate action needs to be taken for a matter mentioned in subsection (2) .\nIf the direction is given orally, the official must confirm the direction by also giving the direction in writing as soon as practicable after giving the direction orally.\nAn arrangement entered into between the State and the operator may deal with the consequences of noncompliance with a direction given to the operator under this section.\n(sec.33-ssec.1) The official may give the operator a direction about the performance of the titles registry function.\n(sec.33-ssec.2) The official may act under subsection (1) only if the official is satisfied it is necessary to give the direction— to ensure the proper performance of titles registry functions delegated to the operator; or to ensure the official is able to properly perform the official’s titles registry functions; or to ensure the accuracy, availability, integrity or security of a titles register.\n(sec.33-ssec.3) The direction must be in writing but may be given orally if the official considers immediate action needs to be taken for a matter mentioned in subsection (2) .\n(sec.33-ssec.4) If the direction is given orally, the official must confirm the direction by also giving the direction in writing as soon as practicable after giving the direction orally.\n(sec.33-ssec.5) An arrangement entered into between the State and the operator may deal with the consequences of noncompliance with a direction given to the operator under this section.\n- (a) to ensure the proper performance of titles registry functions delegated to the operator; or\n- (b) to ensure the official is able to properly perform the official’s titles registry functions; or\n- (c) to ensure the accuracy, availability, integrity or security of a titles register.","sortOrder":46},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Administration","content":"## Administration","sortOrder":47},{"sectionNumber":"sec.34","sectionType":"section","heading":"Appointment of administrator","content":"### sec.34 Appointment of administrator\n\nThe Minister administering the Land Title Act 1994 may appoint an administrator to act in place of the operator for performing the operator’s functions under section 8 (1) for a period.\nThe Minister may act under subsection (1) only if the Minister is satisfied the appointment is necessary—\nto ensure the proper performance of titles registry functions delegated to the operator; or\nto ensure an official is able to properly perform titles registry functions not mentioned in paragraph (a) ; or\nto ensure the accuracy, availability, integrity or security of a titles register.\nAs soon as practicable after appointing the administrator, the Minister must publish, by gazette notice, the name of the administrator and the period for which the administrator is appointed.\nThe Minister must not delegate the Minister’s function of appointing an administrator under this section.\nThe Minister may act under this section—\nwhether or not a direction has been given under section 33 ; and\nwhether or not a direction given under section 33 has been complied with.\n(sec.34-ssec.1) The Minister administering the Land Title Act 1994 may appoint an administrator to act in place of the operator for performing the operator’s functions under section 8 (1) for a period.\n(sec.34-ssec.2) The Minister may act under subsection (1) only if the Minister is satisfied the appointment is necessary— to ensure the proper performance of titles registry functions delegated to the operator; or to ensure an official is able to properly perform titles registry functions not mentioned in paragraph (a) ; or to ensure the accuracy, availability, integrity or security of a titles register.\n(sec.34-ssec.3) As soon as practicable after appointing the administrator, the Minister must publish, by gazette notice, the name of the administrator and the period for which the administrator is appointed.\n(sec.34-ssec.4) The Minister must not delegate the Minister’s function of appointing an administrator under this section.\n(sec.34-ssec.5) The Minister may act under this section— whether or not a direction has been given under section 33 ; and whether or not a direction given under section 33 has been complied with.\n- (a) to ensure the proper performance of titles registry functions delegated to the operator; or\n- (b) to ensure an official is able to properly perform titles registry functions not mentioned in paragraph (a) ; or\n- (c) to ensure the accuracy, availability, integrity or security of a titles register.\n- (a) whether or not a direction has been given under section 33 ; and\n- (b) whether or not a direction given under section 33 has been complied with.","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"Functions of administrator","content":"### sec.35 Functions of administrator\n\nThis section applies if an administrator is appointed under section 34 to act in place of the operator for performing the operator’s functions under section 8 (1) (the relevant functions ) for a period.\nThe administrator has all the responsibilities, obligations and functions of the operator to the extent they relate to performing the relevant functions during the period.\nDespite section 30 , the administrator must perform the relevant functions under the name of ‘administrator of (name of operator)’.\nThis Act and each relevant titles registry Act apply in relation to the administrator as if the administrator were the operator.\nFor subsection (4) , each delegation of a titles registry function under a titles registry Act applies to the administrator in place of the operator.\nHowever, despite a titles registry Act, the administrator—\nmay revoke a subdelegation of the titles registry function; and\nmay, but is not required to, subdelegate the titles registry function to another appropriately qualified employee of the operator.\n(sec.35-ssec.1) This section applies if an administrator is appointed under section 34 to act in place of the operator for performing the operator’s functions under section 8 (1) (the relevant functions ) for a period.\n(sec.35-ssec.2) The administrator has all the responsibilities, obligations and functions of the operator to the extent they relate to performing the relevant functions during the period.\n(sec.35-ssec.3) Despite section 30 , the administrator must perform the relevant functions under the name of ‘administrator of (name of operator)’.\n(sec.35-ssec.4) This Act and each relevant titles registry Act apply in relation to the administrator as if the administrator were the operator.\n(sec.35-ssec.5) For subsection (4) , each delegation of a titles registry function under a titles registry Act applies to the administrator in place of the operator.\n(sec.35-ssec.6) However, despite a titles registry Act, the administrator— may revoke a subdelegation of the titles registry function; and may, but is not required to, subdelegate the titles registry function to another appropriately qualified employee of the operator.\n- (a) may revoke a subdelegation of the titles registry function; and\n- (b) may, but is not required to, subdelegate the titles registry function to another appropriately qualified employee of the operator.","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Operator to help administrator","content":"### sec.36 Operator to help administrator\n\nIf an administrator is appointed under section 34 , the operator must give the administrator reasonable help to perform the administrator’s functions under this division.","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Costs of administration","content":"### sec.37 Costs of administration\n\nIf an administrator is appointed under section 34 , the costs of the administrator performing the administrator’s functions under this division are payable by the operator.\nThe costs mentioned in subsection (1) include—\nthe administrator’s remuneration at a rate decided by the Minister administering the Land Title Act 1994 ; and\ncosts reasonably incurred by the administrator in performing the operator’s functions under section 8 (1) .\nThe State may recover the costs mentioned in subsection (1) that are unpaid by the operator as a debt.\n(sec.37-ssec.1) If an administrator is appointed under section 34 , the costs of the administrator performing the administrator’s functions under this division are payable by the operator.\n(sec.37-ssec.2) The costs mentioned in subsection (1) include— the administrator’s remuneration at a rate decided by the Minister administering the Land Title Act 1994 ; and costs reasonably incurred by the administrator in performing the operator’s functions under section 8 (1) .\n(sec.37-ssec.3) The State may recover the costs mentioned in subsection (1) that are unpaid by the operator as a debt.\n- (a) the administrator’s remuneration at a rate decided by the Minister administering the Land Title Act 1994 ; and\n- (b) costs reasonably incurred by the administrator in performing the operator’s functions under section 8 (1) .","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Amounts received for operator","content":"### sec.38 Amounts received for operator\n\nTitles registry amounts and other amounts received by an administrator appointed under section 34 , in relation to the performance of the operator’s functions under section 8 (1) during the period of the administration, are payable to the operator.","sortOrder":52},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Report about titles registry functions","content":"## Report about titles registry functions","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Information to be included in annual report","content":"### sec.39 Information to be included in annual report\n\nThe chief executive of the department (land titles) must ensure the department’s annual report for a financial year includes information about the performance of titles registry functions by the operator in the financial year.\nWithout limiting subsection (1) , the report must include information about any appointment of an administrator under section 34 .\nThe operator must, if requested by the chief executive of the department (land titles), give information about the performance of titles registry functions by the operator in a financial year.\nIn this section—\nannual report means annual report under the Financial Accountability Act 2009 .\n(sec.39-ssec.1) The chief executive of the department (land titles) must ensure the department’s annual report for a financial year includes information about the performance of titles registry functions by the operator in the financial year.\n(sec.39-ssec.2) Without limiting subsection (1) , the report must include information about any appointment of an administrator under section 34 .\n(sec.39-ssec.3) The operator must, if requested by the chief executive of the department (land titles), give information about the performance of titles registry functions by the operator in a financial year.\n(sec.39-ssec.4) In this section— annual report means annual report under the Financial Accountability Act 2009 .","sortOrder":54},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Limitation of review","content":"## Limitation of review","sortOrder":55},{"sectionNumber":"sec.40","sectionType":"section","heading":"Limitation of review","content":"### sec.40 Limitation of review\n\nThis section applies to the following decisions—\na decision of an official to give a direction under section 33 ;\na decision of the Minister administering the Land Title Act 1994 to appoint an administrator under section 34 .\nThe Judicial Review Act 1991 , part 4 does not apply to the decision.\nSubject to subsection (4) , the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.\nIn this section—\ndecision includes a decision, or conduct, leading up to or forming part of the process of making a decision.\n(sec.40-ssec.1) This section applies to the following decisions— a decision of an official to give a direction under section 33 ; a decision of the Minister administering the Land Title Act 1994 to appoint an administrator under section 34 .\n(sec.40-ssec.2) The Judicial Review Act 1991 , part 4 does not apply to the decision.\n(sec.40-ssec.3) Subject to subsection (4) , the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.40-ssec.4) The Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.\n(sec.40-ssec.5) In this section— decision includes a decision, or conduct, leading up to or forming part of the process of making a decision.\n- (a) a decision of an official to give a direction under section 33 ;\n- (b) a decision of the Minister administering the Land Title Act 1994 to appoint an administrator under section 34 .\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":56},{"sectionNumber":"pt.7","sectionType":"part","heading":"Operation of other laws","content":"# Operation of other laws","sortOrder":57},{"sectionNumber":"sec.41","sectionType":"section","heading":"Application of particular State Acts","content":"### sec.41 Application of particular State Acts\n\nTo the extent the operator is performing a titles registry function, the operator is—\na unit of public administration under the Crime and Corruption Act 2001 , section 20 ; and\na public authority under the Information Privacy Act 2009 , section 21 ; and\na public authority under the Public Records Act 2023 , section 8 ; and\na public authority under the Right to Information Act 2009 , section 16 .\nAlso, the operator is a public entity under the Human Rights Act 2019 , section 9 , to the extent the operator is performing—\na titles registry function; or\nanother function of a public nature under the Human Rights Act 2019 , section 10 .\nThe operator is an entity mentioned in subsection (1) (b) , (c) and (d) only in relation to a document received, created or otherwise in the possession of the operator in performing the titles registry function.\nFor applying subsection(1)(d), a reference in the Right to Information Act 2009 , section 113 to the responsible Minister is a reference to the Minister administering the Land Title Act 1994 .\nThis section applies despite a provision of an Act mentioned in subsection (1) or (2) .\ns 41 amd 2023 No. 33 s 107 sch 5 ; 2023 No. 32 s 141 s ch 1 pt 2\n(sec.41-ssec.1) To the extent the operator is performing a titles registry function, the operator is— a unit of public administration under the Crime and Corruption Act 2001 , section 20 ; and a public authority under the Information Privacy Act 2009 , section 21 ; and a public authority under the Public Records Act 2023 , section 8 ; and a public authority under the Right to Information Act 2009 , section 16 .\n(sec.41-ssec.2) Also, the operator is a public entity under the Human Rights Act 2019 , section 9 , to the extent the operator is performing— a titles registry function; or another function of a public nature under the Human Rights Act 2019 , section 10 .\n(sec.41-ssec.3) The operator is an entity mentioned in subsection (1) (b) , (c) and (d) only in relation to a document received, created or otherwise in the possession of the operator in performing the titles registry function.\n(sec.41-ssec.4) For applying subsection(1)(d), a reference in the Right to Information Act 2009 , section 113 to the responsible Minister is a reference to the Minister administering the Land Title Act 1994 .\n(sec.41-ssec.5) This section applies despite a provision of an Act mentioned in subsection (1) or (2) .\n- (a) a unit of public administration under the Crime and Corruption Act 2001 , section 20 ; and\n- (b) a public authority under the Information Privacy Act 2009 , section 21 ; and\n- (c) a public authority under the Public Records Act 2023 , section 8 ; and\n- (d) a public authority under the Right to Information Act 2009 , section 16 .\n- (a) a titles registry function; or\n- (b) another function of a public nature under the Human Rights Act 2019 , section 10 .","sortOrder":58},{"sectionNumber":"sec.42","sectionType":"section","heading":"Corporations legislation displacement provision— Crime and Corruption Act 2001","content":"### sec.42 Corporations legislation displacement provision— Crime and Corruption Act 2001\n\nThis section applies in relation to the application of the Crime and Corruption Act 2001 to the operator as a unit of public administration under that Act.\nThe Crime and Corruption Act 2001 , sections 38 , 39 , 40 (4) and 40A (5) are declared to be Corporations legislation displacement provisions for the Corporations Act , section 5G in relation to the Corporations Act , section 1317AAE .\n(sec.42-ssec.1) This section applies in relation to the application of the Crime and Corruption Act 2001 to the operator as a unit of public administration under that Act.\n(sec.42-ssec.2) The Crime and Corruption Act 2001 , sections 38 , 39 , 40 (4) and 40A (5) are declared to be Corporations legislation displacement provisions for the Corporations Act , section 5G in relation to the Corporations Act , section 1317AAE .","sortOrder":59},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":60},{"sectionNumber":"sec.43","sectionType":"section","heading":"Exchange of information","content":"### sec.43 Exchange of information\n\nThe operator may ask an official for any information relevant to the operator performing a function mentioned in section 8 (1) (a) , (b) or (c) .\nAn official may ask the operator for any information relevant to the operator performing a function of the official.\nThe official or operator is authorised to give the information requested under subsection (1) or (2) .\nAlso, the official is authorised to give information to the operator in relation to achieving the main purpose of this Act as mentioned in section 3 (2) (b) .\nTo remove any doubt, it is declared that this section authorises the use and disclosure of personal information within the meaning of the Information Privacy Act 2009 , section 12 .\nSee QPP 6.2(b) in schedule 3 of the Information Privacy Act 2009 .\ns 43 amd 2023 No. 32 s 141 s ch 1 pt 2\n(sec.43-ssec.1) The operator may ask an official for any information relevant to the operator performing a function mentioned in section 8 (1) (a) , (b) or (c) .\n(sec.43-ssec.2) An official may ask the operator for any information relevant to the operator performing a function of the official.\n(sec.43-ssec.3) The official or operator is authorised to give the information requested under subsection (1) or (2) .\n(sec.43-ssec.4) Also, the official is authorised to give information to the operator in relation to achieving the main purpose of this Act as mentioned in section 3 (2) (b) .\n(sec.43-ssec.5) To remove any doubt, it is declared that this section authorises the use and disclosure of personal information within the meaning of the Information Privacy Act 2009 , section 12 . See QPP 6.2(b) in schedule 3 of the Information Privacy Act 2009 .","sortOrder":61},{"sectionNumber":"sec.44","sectionType":"section","heading":"Operator’s duty to disclose information","content":"### sec.44 Operator’s duty to disclose information\n\nThis section applies in relation to a matter relating to a titles registry function performed by the operator for an official if—\nthe matter is the subject of a proceeding; or\nthe operator believes, or ought reasonably to believe, the matter may become the subject of a proceeding.\nHowever, this section does not apply in relation to a matter that is the subject of a proceeding to which the operator is a party.\nThe operator has a duty to disclose to the official all information about the matter in the possession or control of the operator.\nThe duty continues until—\nif the matter is or becomes the subject of a proceeding—the proceeding is finally decided or otherwise ends; or\notherwise—the matter is no longer in effect or the operator reasonably believes it will otherwise no longer become the subject of a proceeding.\n(sec.44-ssec.1) This section applies in relation to a matter relating to a titles registry function performed by the operator for an official if— the matter is the subject of a proceeding; or the operator believes, or ought reasonably to believe, the matter may become the subject of a proceeding.\n(sec.44-ssec.2) However, this section does not apply in relation to a matter that is the subject of a proceeding to which the operator is a party.\n(sec.44-ssec.3) The operator has a duty to disclose to the official all information about the matter in the possession or control of the operator.\n(sec.44-ssec.4) The duty continues until— if the matter is or becomes the subject of a proceeding—the proceeding is finally decided or otherwise ends; or otherwise—the matter is no longer in effect or the operator reasonably believes it will otherwise no longer become the subject of a proceeding.\n- (a) the matter is the subject of a proceeding; or\n- (b) the operator believes, or ought reasonably to believe, the matter may become the subject of a proceeding.\n- (a) if the matter is or becomes the subject of a proceeding—the proceeding is finally decided or otherwise ends; or\n- (b) otherwise—the matter is no longer in effect or the operator reasonably believes it will otherwise no longer become the subject of a proceeding.","sortOrder":62},{"sectionNumber":"sec.45","sectionType":"section","heading":"Protection from liability","content":"### sec.45 Protection from liability\n\nA person employed by the operator is not civilly liable for an act done or omission made honestly and without negligence in performing a function of the operator mentioned in section 8 (1) (a) , (b) or (c) .\nAn administrator appointed under section 34 is not civilly liable for an act done or omission made honestly and without negligence in performing a function of the administrator under part 6 , division 4 .\nIf subsection (1) or (2) prevents civil liability attaching to a person, the liability attaches instead to the State.\nDespite the Public Sector Act 2022 , section 267 , an employee of the operator or an administrator appointed under section 34 is not a prescribed person under section 267 of that Act.\ns 45 amd 2022 No. 34 s 365 sch 3\n(sec.45-ssec.1) A person employed by the operator is not civilly liable for an act done or omission made honestly and without negligence in performing a function of the operator mentioned in section 8 (1) (a) , (b) or (c) .\n(sec.45-ssec.2) An administrator appointed under section 34 is not civilly liable for an act done or omission made honestly and without negligence in performing a function of the administrator under part 6 , division 4 .\n(sec.45-ssec.3) If subsection (1) or (2) prevents civil liability attaching to a person, the liability attaches instead to the State.\n(sec.45-ssec.4) Despite the Public Sector Act 2022 , section 267 , an employee of the operator or an administrator appointed under section 34 is not a prescribed person under section 267 of that Act.","sortOrder":63},{"sectionNumber":"sec.46","sectionType":"section","heading":"Agency arrangement","content":"### sec.46 Agency arrangement\n\nThe State or an official may enter into an arrangement with the operator for the operator to act as the agent of the State or official including, for example, in relation to the following matters—\nlegal proceedings relating to a titles register;\nfunctions of the official under the Electronic Conveyancing National Law (Queensland) ;\nanother matter relating to a titles register.\n- (a) legal proceedings relating to a titles register;\n- (b) functions of the official under the Electronic Conveyancing National Law (Queensland) ;\n- (c) another matter relating to a titles register.","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Regulation-making power","content":"### sec.47 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may provide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n(sec.47-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.47-ssec.2) A regulation may provide for a maximum penalty of 20 penalty units for a contravention of a regulation.","sortOrder":65},{"sectionNumber":"pt.9","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":66},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":67},{"sectionNumber":"sec.48","sectionType":"section","heading":"Repeal","content":"### sec.48 Repeal\n\nThe following regulations are repealed—\nForeign Ownership of Land Register Regulation 2013 , SL No. 152\nLand Title Regulation 2015 , SL No. 145.\n- • Foreign Ownership of Land Register Regulation 2013 , SL No. 152\n- • Land Title Regulation 2015 , SL No. 145.","sortOrder":68},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":69},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application of s 11","content":"### sec.49 Application of s 11\n\nSection 11 applies to a fee or charge that becomes payable under a titles registry Act or an agreement after the commencement even if—\nthe matter for which the fee or charge becomes payable happened before the commencement; and\nfor a fee or charge payable under an agreement mentioned in section 11(1)(b)—the agreement was entered into before the commencement.\n- (a) the matter for which the fee or charge becomes payable happened before the commencement; and\n- (b) for a fee or charge payable under an agreement mentioned in section 11(1)(b)—the agreement was entered into before the commencement.","sortOrder":70},{"sectionNumber":"sec.50","sectionType":"section","heading":"Fees or charges payable before the commencement","content":"### sec.50 Fees or charges payable before the commencement\n\nThis section applies in relation to a fee or charge that—\nbecame payable under a titles registry Act or an agreement mentioned in section 11(1)(b) before the commencement; and\nimmediately before the commencement, had not been paid by the person required to pay it; and\nbut for this section, would on the commencement be a titles registry amount under section 11.\nThe fee or charge continues to be payable to, and recoverable as a debt by, the State.\n(sec.50-ssec.1) This section applies in relation to a fee or charge that— became payable under a titles registry Act or an agreement mentioned in section 11(1)(b) before the commencement; and immediately before the commencement, had not been paid by the person required to pay it; and but for this section, would on the commencement be a titles registry amount under section 11.\n(sec.50-ssec.2) The fee or charge continues to be payable to, and recoverable as a debt by, the State.\n- (a) became payable under a titles registry Act or an agreement mentioned in section 11(1)(b) before the commencement; and\n- (b) immediately before the commencement, had not been paid by the person required to pay it; and\n- (c) but for this section, would on the commencement be a titles registry amount under section 11.","sortOrder":71},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 exp 18 June 2022 (see s 51(4))","sortOrder":72},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Fees relating to land registry under Land Act 1994","content":"# Fees relating to land registry under Land Act 1994","sortOrder":73},{"sectionNumber":"sch.1-pt.1-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":74},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Interpretation","content":"### sch.1-sec.1 Interpretation\n\nIn this part—\na reference to the Act is a reference to the Land Act 1994 ; and\na word that is used in the Land Act 1994 has the same meaning as it has in that Act.\nAlso, in this part—\nadministrative advice means an advice that is an administrative advice under the manual of land practice kept under section 286A of the Act .\nconveyancing transaction see the Electronic Conveyancing National Law (Queensland) , section 3 .\nELN see the Electronic Conveyancing National Law (Queensland) , section 3 .\nlicence means—\na licence under the Act ; or\na plantation licence.\nlodgement support service bundle 1 , for a conveyancing transaction, means—\nthe particulars recorded in the appropriate register that are necessary to do any of the following in relation to the transaction—\ncomplete each document that may be lodged for the transaction;\nidentify anything in the register that is changed, lodged, noted, recorded or registered; and\nconfirmation, for each completed document, as to whether the document may be lodged electronically.\nlodgement support service bundle 2 , for a conveyancing transaction, means—\nthe particulars recorded in the appropriate register that are necessary to complete each document that may be lodged for the transaction; and\nconfirmation, for each completed document, as to whether the document may be lodged electronically.\npermit to occupy means a permit to occupy unallocated State land, a reserve or a road issued under section 177 of the Act .\nroad licence means a licence over a road issued under section 103 of the Act .\n(sch.1-sec.1-ssec.1) In this part— a reference to the Act is a reference to the Land Act 1994 ; and a word that is used in the Land Act 1994 has the same meaning as it has in that Act.\n(sch.1-sec.1-ssec.2) Also, in this part— administrative advice means an advice that is an administrative advice under the manual of land practice kept under section 286A of the Act . conveyancing transaction see the Electronic Conveyancing National Law (Queensland) , section 3 . ELN see the Electronic Conveyancing National Law (Queensland) , section 3 . licence means— a licence under the Act ; or a plantation licence. lodgement support service bundle 1 , for a conveyancing transaction, means— the particulars recorded in the appropriate register that are necessary to do any of the following in relation to the transaction— complete each document that may be lodged for the transaction; identify anything in the register that is changed, lodged, noted, recorded or registered; and confirmation, for each completed document, as to whether the document may be lodged electronically. lodgement support service bundle 2 , for a conveyancing transaction, means— the particulars recorded in the appropriate register that are necessary to complete each document that may be lodged for the transaction; and confirmation, for each completed document, as to whether the document may be lodged electronically. permit to occupy means a permit to occupy unallocated State land, a reserve or a road issued under section 177 of the Act . road licence means a licence over a road issued under section 103 of the Act .\n- (a) a reference to the Act is a reference to the Land Act 1994 ; and\n- (b) a word that is used in the Land Act 1994 has the same meaning as it has in that Act.\n- (a) a licence under the Act ; or\n- (b) a plantation licence.\n- (a) the particulars recorded in the appropriate register that are necessary to do any of the following in relation to the transaction— (i) complete each document that may be lodged for the transaction; (ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and\n- (i) complete each document that may be lodged for the transaction;\n- (ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and\n- (b) confirmation, for each completed document, as to whether the document may be lodged electronically.\n- (i) complete each document that may be lodged for the transaction;\n- (ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and\n- (a) the particulars recorded in the appropriate register that are necessary to complete each document that may be lodged for the transaction; and\n- (b) confirmation, for each completed document, as to whether the document may be lodged electronically.","sortOrder":75},{"sectionNumber":"sch.1-pt.1-div.2","sectionType":"division","heading":"Fees payable","content":"## Fees payable","sortOrder":76},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Fees relating to land registry under Land Title Act 1994","content":"# Fees relating to land registry under Land Title Act 1994","sortOrder":77},{"sectionNumber":"sch.1-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":78},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Application of part","content":"### sch.1-sec.2 Application of part\n\nThis part provides for fees payable under a titles registry Act in relation to titles registry functions relating to the land registry under the Land Title Act 1994 .\nGenerally, the fees are payable for matters mentioned in division 2 .\nHowever, if division 3 provides for a matter in relation to a titles registry function performed under a titles registry Act that is also provided for under division 2 —\nthe reference to the matter in division 2 does not apply in relation to the performance of the function; and\nthe fee payable in relation to the performance of the function is for the matter provided for under division 3 .\n(sch.1-sec.2-ssec.1) This part provides for fees payable under a titles registry Act in relation to titles registry functions relating to the land registry under the Land Title Act 1994 .\n(sch.1-sec.2-ssec.2) Generally, the fees are payable for matters mentioned in division 2 .\n(sch.1-sec.2-ssec.3) However, if division 3 provides for a matter in relation to a titles registry function performed under a titles registry Act that is also provided for under division 2 — the reference to the matter in division 2 does not apply in relation to the performance of the function; and the fee payable in relation to the performance of the function is for the matter provided for under division 3 .\n- (a) the reference to the matter in division 2 does not apply in relation to the performance of the function; and\n- (b) the fee payable in relation to the performance of the function is for the matter provided for under division 3 .","sortOrder":79},{"sectionNumber":"sch.1-pt.2-div.2","sectionType":"division","heading":"General fees","content":"## General fees","sortOrder":80},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Interpretation","content":"### sch.1-sec.3 Interpretation\n\nIn this division—\na reference to the Act is a reference to the Land Title Act 1994 ; and\na word that is used in the Land Title Act 1994 has the same meaning as it has in that Act.\nAlso, in this part—\nadministrative advice means an advice that is an administrative advice under the manual of land title practice kept under section 9A of the Act .\nconveyancing transaction see the Electronic Conveyancing National Law (Queensland) , section 3 .\nELN see the Electronic Conveyancing National Law (Queensland) , section 3 .\nlodgement support service bundle 1 , for a conveyancing transaction, means—\nthe particulars recorded in the freehold land register that are necessary to do any of the following in relation to the transaction—\ncomplete each instrument that may be lodged for the transaction;\nidentify anything in the register that is changed, lodged, noted, recorded or registered; and\nconfirmation, for each completed instrument, as to whether the instrument may be lodged electronically.\nlodgement support service bundle 2 , for a conveyancing transaction, means—\nthe particulars recorded in the freehold land register that are necessary to complete each instrument that may be lodged for the transaction; and\nconfirmation, for each completed instrument, as to whether the instrument may be lodged electronically.\n(sch.1-sec.3-ssec.1) In this division— a reference to the Act is a reference to the Land Title Act 1994 ; and a word that is used in the Land Title Act 1994 has the same meaning as it has in that Act.\n(sch.1-sec.3-ssec.2) Also, in this part— administrative advice means an advice that is an administrative advice under the manual of land title practice kept under section 9A of the Act . conveyancing transaction see the Electronic Conveyancing National Law (Queensland) , section 3 . ELN see the Electronic Conveyancing National Law (Queensland) , section 3 . lodgement support service bundle 1 , for a conveyancing transaction, means— the particulars recorded in the freehold land register that are necessary to do any of the following in relation to the transaction— complete each instrument that may be lodged for the transaction; identify anything in the register that is changed, lodged, noted, recorded or registered; and confirmation, for each completed instrument, as to whether the instrument may be lodged electronically. lodgement support service bundle 2 , for a conveyancing transaction, means— the particulars recorded in the freehold land register that are necessary to complete each instrument that may be lodged for the transaction; and confirmation, for each completed instrument, as to whether the instrument may be lodged electronically.\n- (a) a reference to the Act is a reference to the Land Title Act 1994 ; and\n- (b) a word that is used in the Land Title Act 1994 has the same meaning as it has in that Act.\n- (a) the particulars recorded in the freehold land register that are necessary to do any of the following in relation to the transaction— (i) complete each instrument that may be lodged for the transaction; (ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and\n- (i) complete each instrument that may be lodged for the transaction;\n- (ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and\n- (b) confirmation, for each completed instrument, as to whether the instrument may be lodged electronically.\n- (i) complete each instrument that may be lodged for the transaction;\n- (ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and\n- (a) the particulars recorded in the freehold land register that are necessary to complete each instrument that may be lodged for the transaction; and\n- (b) confirmation, for each completed instrument, as to whether the instrument may be lodged electronically.","sortOrder":81},{"sectionNumber":"sch.1-pt.2-div.3","sectionType":"division","heading":"Additional or alternative fees","content":"## Additional or alternative fees","sortOrder":82},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Interpretation","content":"### sch.1-sec.4 Interpretation\n\nIn this division—\na reference to the Act is a reference to the Act for which the fees are stated; and\na word that is used in the Act for which the fees are stated has the same meaning as it has in that Act.\n- (a) a reference to the Act is a reference to the Act for which the fees are stated; and\n- (b) a word that is used in the Act for which the fees are stated has the same meaning as it has in that Act.","sortOrder":83},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Fees relating to water allocations register","content":"# Fees relating to water allocations register","sortOrder":84},{"sectionNumber":"sch.1-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":85},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Interpretation","content":"### sch.1-sec.5 Interpretation\n\nIn this part—\na reference to the Act is a reference to the Water Act 2000 ; and\na word that is used in the Water Act 2000 has the same meaning as it has in that Act.\nAlso, in this part—\nadministrative advice means an advice that is an administrative advice under the manual of land title practice kept under the Land Title Act 1994 , section 9A .\ndeposit means lodge with the registrar other than for registration.\npriority notice see the Land Title Act 1994 , section 139 (1) .\nstandard terms document see the Land Title Act 1994 , section 168 .\n(sch.1-sec.5-ssec.1) In this part— a reference to the Act is a reference to the Water Act 2000 ; and a word that is used in the Water Act 2000 has the same meaning as it has in that Act.\n(sch.1-sec.5-ssec.2) Also, in this part— administrative advice means an advice that is an administrative advice under the manual of land title practice kept under the Land Title Act 1994 , section 9A . deposit means lodge with the registrar other than for registration. priority notice see the Land Title Act 1994 , section 139 (1) . standard terms document see the Land Title Act 1994 , section 168 .\n- (a) a reference to the Act is a reference to the Water Act 2000 ; and\n- (b) a word that is used in the Water Act 2000 has the same meaning as it has in that Act.","sortOrder":86},{"sectionNumber":"sch.1-pt.3-div.2","sectionType":"division","heading":"Fees payable","content":"## Fees payable","sortOrder":87}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as established in section 3. The Act was designed specifically to support the Queensland Future Fund through the delegation of titles registry functions to a state-owned entity, and the provisions align with this purpose. While the Act includes detailed operational provisions (fee setting, employment transfers, oversight mechanisms), these are incidental to the main purpose rather than scope creep. The amendments noted (2021 No. 12, 2022 No. 34, 2023 No. 32, 2023 No. 33) appear to be technical updates rather than substantive expansions of scope."},"complexity_factors":["Multiple cross-references to other Acts including the Land Title Act 1994, Land Act 1994, Water Act 2000, Corporations Act, and various accountability Acts (Crime and Corruption, Information Privacy, Right to Information, Human Rights)","Conditional fee-setting mechanisms with CPI indexing calculations and different rules for different financial years","Complex transfer mechanisms allowing Ministerial discretion via gazette notices with incorporated documents","Nested employment protections with 12-month return rights and preservation of entitlements","Administrator appointment provisions with override powers and cost recovery mechanisms","Schedule 1 contains detailed fee structures with multiple divisions and defined terms specific to conveyancing transactions","Sunset provision limiting Minister's transfer powers to before 1 July 2022","Non-liability clauses with State assumption of liability and exclusions from public sector acts"],"plain_english_summary":"**What this law does:**\n\nThis Act privatises Queensland's land and water titles registry by creating a government-owned company called **Queensland Titles Registry Pty Ltd** to run the system. Previously, government officials (the Registrar of Titles) handled land registration. Now, this private entity performs those functions on behalf of the State.\n\n**Key things it sets up:**\n\n*   **The \"Operator\":** Declares Queensland Titles Registry Pty Ltd as the company that will handle land registry and water allocation functions.\n*   **Money flows:** The company keeps the fees charged for registering land titles and water allocations (called \"titles registry amounts\"). These fees don't go into general government revenue—they stay with the company to help fund the Queensland Future Fund (a debt retirement fund).\n*   **Fee setting:** The company decides its own fees each year, capped at inflation (CPI) increases after the first year.\n*   **Asset transfers:** Allows the Minister to transfer government assets, liabilities, staff, and operations to the company via \"transfer notices.\"\n*   **Staff transfers:** Public servants working in the land titles department automatically become employees of the company, but can return to the public service within 12 months if they choose.\n*   **Oversight:** Government officials can give directions to the company and, if things go wrong, the Minister can appoint an administrator to take over operations.\n*   **Safety nets:** Protects the company and its staff from certain legal liabilities, and ensures the company must still comply with corruption, privacy, and right-to-information laws.\n\n**Who it affects:**\n\n*   **Property owners and buyers:** Anyone buying, selling, or registering land in Queensland now deals with this government-owned company rather than a direct government department.\n*   **Government employees:** Staff transferred from the public service to the company.\n*   **The State:** The government retains oversight and can intervene if the company fails to perform properly.\n\n**Why it matters:**\n\nThis is a significant structural change to how Queensland manages its land ownership records—one of the most critical pieces of infrastructure for the property market. It moves operational control to a corporate entity while maintaining government oversight and public accountability through various safeguards."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's stated purpose — outsourcing land registry operations to a state-interested private entity to generate revenue for Queensland's debt retirement fund — is consistent with what the legislation actually does. The detailed provisions for asset transfers, employee transitions, fee-setting, oversight, and fallback arrangements are all implementation mechanisms for that clearly stated purpose. There is no material departure from the declared intent."},"complexity_factors":["Involves interaction between multiple pieces of legislation (Land Act 1994, Land Title Act 1994, Water Act 2000, Corporations Act, Crime and Corruption Act 2001, Information Privacy Act 2009, Right to Information Act 2009, Human Rights Act 2019, Electronic Conveyancing National Law (Queensland), Financial Accountability Act 2009, Public Sector Act 2022)","Novel hybrid public-private legal structure: a private company exercising delegated government functions with public law obligations grafted on","Complex asset and liability transfer mechanisms via Ministerial gazette notices that override other laws and instruments, with broad sweep provisions","Fee-setting mechanism involving CPI indexation calculations and specific reference quarters requiring ongoing mathematical application","Multi-layered oversight regime: official monitoring, ministerial directions, administrator appointment, with ouster of judicial review (excluding jurisdictional error)","Employee transfer provisions with preserved entitlements, opt-back rights, and dual employment continuity fictions","Corporations legislation displacement provisions requiring understanding of section 5G of the Corporations Act","Contingency provisions for revocation of delegations that reverse the entire scheme back to the State","Schedules containing detailed fee tables for three separate registers (Land Act, Land Title Act, Water Act) with their own interpretation sections and alternative fee structures","Liability framework that shifts civil liability from company employees to the State, with carve-outs from public sector prescribed person status"],"plain_english_summary":"## Queensland Future Fund (Titles Registry) Act 2021 — What Does It Mean for You?\n\n### The Big Picture\nThis law privatises the day-to-day running of Queensland's **land titles registry** (the system that records who owns land, mortgages, and water rights) to a private company called **Queensland Titles Registry Pty Ltd**. The money generated from land registry fees now flows to that private company rather than directly into the government's bank account, and ultimately helps fund the **Queensland Future (Debt Retirement) Fund** — the state government's plan to pay down Queensland's public debt.\n\n### What Is the Titles Registry?\nThe titles registry is the official system that tracks property ownership, mortgages, easements (rights to use someone else's land), and water allocation rights across Queensland. Every time you buy or sell property, register a mortgage, or deal with water rights, the registry is involved.\n\n### Who Is Affected?\n- **Property buyers and sellers**: The company (not a government department) now processes your land title transactions and collects your fees.\n- **Lawyers and conveyancers** (property transfer specialists): They deal with the operator directly.\n- **Former government employees**: Public servants who worked in the land titles department were automatically transferred to the private company, but had 12 months to opt back into the public service.\n- **Queensland taxpayers**: Registry fees no longer go into consolidated government revenue — they go to the private company, which contributes to the debt retirement fund.\n- **Water rights holders**: The water allocations register is also managed under the same arrangement.\n\n### Key Features\n- **The Private Operator**: Queensland Titles Registry Pty Ltd is named in the law itself as the designated operator.\n- **Fee Control**: The company sets its own fees each year, but those fees can only increase by the rate of **CPI inflation** (the general rise in prices, measured by the Consumer Price Index for Brisbane). Fees for the first year were set in the law's schedule.\n- **Government Oversight**: Government officials keep the power to monitor performance, give the company directions, and — in serious cases — **appoint an administrator** to take over if the company fails to properly manage the registry. Crucially, the government can't be judicially reviewed (challenged in court) for these oversight decisions, except for serious legal errors.\n- **Public Law Still Applies**: Even though it's a private company, the operator must comply with Queensland's privacy, right to information, public records, and anti-corruption laws when performing registry functions.\n- **If the Arrangement Ends**: If the government revokes all the company's delegated powers, fees revert to being paid to the State, and the government regains control.\n- **Liability Shield**: Company employees acting honestly and without negligence aren't personally liable — the State wears the legal risk instead.\n\n### What This Means Practically\nYou might not notice any direct change when buying or selling property in Queensland. The registry still operates, documents are still lodged, and fees are still charged. The difference is behind the scenes: a private company runs the show, keeps the fees (within inflation limits), and the revenue ultimately helps the government reduce its debt rather than directly fund public services each year."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.28(2)(a)","severity":"medium","reasoning":"Section 25(b) states the eligible employee 'stops being employed as a public service employee' on commencement. Section 28(2)(a) then deems that 'the employee is taken not to have stopped being a public service employee when the employee was transferred under section 25'. This creates a retrospective legal fiction that directly contradicts the operative effect of section 25. While deeming provisions are common in legislation, this one effectively nullifies the operative effect of section 25 in its entirety for returning employees, raising questions about the legal status of any acts performed in their capacity as operator employees during the intervening period.","confidence":0.75,"description":"Legal fiction that employee never stopped being a public service employee, despite section 25 explicitly stating they did stop being a public service employee on commencement."},{"type":"other","section":"sec.22(2) and sec.22(3)","severity":"medium","reasoning":"Section 22(2) deems advice, consent or approval to have been obtained unconditionally, and section 22(3) deems notice to have been given, regardless of whether these steps were actually taken. This is a broad override of third-party rights in private contracts. While common in machinery-of-government legislation, the combination with section 22(1)(b) — which simultaneously says the relevant entity is not in breach of any instrument — creates an absurdity: consent is deemed given so there is no breach, but the party whose consent was required has no actual knowledge of the transfer affecting their rights.","confidence":0.65,"description":"Consent and notice are deemed given even where never actually sought or provided, potentially overriding contractual and common law rights of third parties without their knowledge."},{"type":"other","section":"sec.13(3) — definition of 'CPI indexed'","severity":"low","reasoning":"For the financial year starting 1 July 2022, section 13(2)(a) applies a specific cap (schedule 1 amount CPI indexed). But the definition of 'CPI indexed' in section 13(3) refers to 'the March quarter for the financial year before the previous financial year'. For FY2022-23, the 'previous financial year' is FY2021-22, and 'the financial year before the previous financial year' is FY2020-21. The March quarter of FY2020-21 is March 2021. This is a two-year lookback which may produce indexation results that do not reflect actual cost changes in the immediate prior year, potentially under- or over-indexing fees.","confidence":0.6,"description":"The CPI indexation formula references 'the financial year before the previous financial year' which, for the first application year (2022-23), produces an ambiguous or unworkable reference point."},{"type":"self_contradicting","section":"sec.40(3) and sec.40(4)","severity":"medium","reasoning":"Section 40(3) declares decisions are 'final and conclusive' and 'cannot be challenged... in any other way... under the Judicial Review Act 1991 or otherwise', while section 40(4) preserves the Judicial Review Act 1991, Part 5 for jurisdictional error. Under Kirk v Industrial Court of NSW (2010) 239 CLR 531, state legislatures cannot fully oust the supervisory jurisdiction of the Supreme Court for jurisdictional error. The attempt to simultaneously oust all review while preserving only Part 5 JRA review (not Supreme Court inherent jurisdiction) creates internal tension and may be unenforceable to the extent it purports to oust non-statutory review.","confidence":0.7,"description":"Section 40 attempts to make decisions final and unreviewable while simultaneously preserving judicial review for jurisdictional error, creating a partial ouster clause of uncertain constitutional validity under the supervisory jurisdiction of the Supreme Court."},{"type":"circular_definition","section":"sec.34(2)(b)","severity":"low","reasoning":"Section 34(2)(b) allows administrator appointment to ensure an official can perform 'titles registry functions not mentioned in paragraph (a)'. Paragraph (a) refers to 'titles registry functions delegated to the operator'. The residual category in paragraph (b) is defined purely by exclusion — functions not delegated — but these retained functions of the official would not be performed by the administrator in any event (the administrator steps into the operator's shoes). The ground for appointment appears inapplicable or circular in practice.","confidence":0.55,"description":"The Minister may appoint an administrator to ensure 'an official is able to properly perform titles registry functions not mentioned in paragraph (a)', which is circularly defined by exclusion from the same subsection."},{"type":"other","section":"sec.26(f)","severity":"medium","reasoning":"Section 26(f) overrides 'any arrangement between the State and the employee' regarding payment of accrued leave entitlements. This means even where the State has expressly agreed in writing to pay out accrued leave on transfer, section 26(f) extinguishes that obligation. This conflicts with section 26(b) which preserves 'existing or accruing rights to superannuation or recreation, sick, long service or other leave'. The employee's right to the leave accrual is preserved under section 26(b) but the State's obligation to make payment in relation to those accruals is extinguished under section 26(f), creating an unenforceable right.","confidence":0.72,"description":"Section 26(f) states the transfer does not 'require the State to make any payment in relation to the employee's accrued rights... regardless of any arrangement between the State and the employee', which purports to override existing contractual arrangements."}],"contradictions":[{"severity":"medium","section_a":"sec.25(b)","section_b":"sec.28(2)(a)","confidence":0.8,"description":"Section 25(b) provides that on commencement an eligible employee 'stops being employed as a public service employee', while section 28(2)(a) deems, upon the employee's election to return, that 'the employee is taken not to have stopped being a public service employee when the employee was transferred under section 25'. These provisions directly contradict each other as to whether the cessation of public service employment actually occurred."},{"severity":"high","section_a":"sec.26(b)","section_b":"sec.26(f)","confidence":0.78,"description":"Section 26(b) preserves the eligible employee's 'existing or accruing rights to superannuation or recreation, sick, long service or other leave', while section 26(f) provides the transfer does not 'require the State to make any payment in relation to the employee's accrued rights to recreation, sick, long service or other leave regardless of any arrangement between the State and the employee'. This creates an enforceable right (s26(b)) with no corresponding obligation on the State to make good on that right at the point of transfer (s26(f))."},{"severity":"low","section_a":"sec.21","section_b":"sec.20(6)","confidence":0.55,"description":"Section 21 provides the Minister may not perform a function under Part 4 on or after 1 July 2022. Section 20(6) provides a transfer notice has effect on the day it is published in the gazette 'or a later day and time stated in the notice'. If a transfer notice is published before 1 July 2022 but states a later effective date on or after 1 July 2022, it is unclear whether the Minister 'performed' the function (publication) before the deadline or whether having effect after the deadline is impermissible. The interaction between these provisions is ambiguous."},{"severity":"low","section_a":"sec.38","section_b":"sec.11(2)(b)","confidence":0.6,"description":"Section 11(2)(b) provides that a titles registry amount 'is a debt owing to the operator'. Section 38 provides that titles registry amounts received by an administrator during administration 'are payable to the operator'. However, during the administration period the administrator is treated as the operator (s35(4)), meaning the amounts are simultaneously owed to and received by the same legal persona, creating a circular obligation."},{"severity":"low","section_a":"sec.35(3)","section_b":"sec.30(1)","confidence":0.58,"description":"Section 30(1) allows the operator (or subdelegatee) to act under the title of the official when performing titles registry functions. Section 35(3) states that 'despite section 30', the administrator must perform relevant functions under the name 'administrator of (name of operator)'. However, section 35(4) provides this Act applies to the administrator 'as if the administrator were the operator'. The interaction between these provisions means it is unclear whether the administrator may avail themselves of section 30(1)'s permission to use the official's title, given section 35(3) mandates a specific name but section 35(4) applies all operator provisions."},{"severity":"low","section_a":"sec.44(2)","section_b":"sec.44(1)","confidence":0.62,"description":"Section 44(1) triggers the disclosure duty where a matter 'is the subject of a proceeding' or the operator believes it may become one. Section 44(2) excludes matters that 'is the subject of a proceeding to which the operator is a party'. The exclusion applies only to current proceedings (present tense), not to anticipated proceedings. This means the duty applies where the operator anticipates becoming a party to a future proceeding — requiring disclosure in circumstances that the operator believes will result in a proceeding to which it will be a party, which the exclusion in subsection (2) only addresses once the proceeding has actually commenced."}]}},"importantCases":[],"_links":{"self":"/api/acts/queensland-future-fund-titles-registry-act-2021","history":"/api/acts/queensland-future-fund-titles-registry-act-2021/history","analysis":"/api/acts/queensland-future-fund-titles-registry-act-2021/analysis","conflicts":"/api/acts/queensland-future-fund-titles-registry-act-2021/conflicts","importantCases":"/api/acts/queensland-future-fund-titles-registry-act-2021/important-cases","documents":"/api/acts/queensland-future-fund-titles-registry-act-2021/documents"}}