{"id":"real-property-commonwealth-titles-act-1924","name":"Real Property (Commonwealth Titles) Act 1924","slug":"real-property-commonwealth-titles-act-1924","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106505,"registerId":"sa-real-property-commonwealth-titles-act-1924-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Real Property (Commonwealth Titles) Act 1924","content":"South Australia\nReal Property (Commonwealth Titles) Act 1924\nAn Act relating to the registration of titles to land acquired by the Commonwealth of Australia.\n\nContents\n1\tShort title\n2\tIncorporation with other Acts\n3\tInterpretation\n4\tProvision for bringing land acquired by Commonwealth under the Real Property Acts\n5\tTransfers of land which is under Real Property Act when acquired by the Commonwealth\n6\tValidation of transfers made and certificates issued before the commencement of this Act\n7\tDuty of Registrar-General to enter acquisition in Register Book in certain circumstances\n8\tRegistration of transfers from one Commonwealth authority to another\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Real Property (Commonwealth Titles) Act 1924.\n2—Incorporation with other Acts\nThis Act is incorporated with the Real Property Acts 1886 and 1919.\n3—Interpretation\nIn this Act, unless the context otherwise requires—\nacquired land means any land, which, having become vested, whether before or after the commencement of this Act—\n\t(a)\tin the Commonwealth pursuant to the Constitution; or\n\t(b)\tin the Commonwealth or in any Commonwealth authority by any law of the Commonwealth, or any notice, notification of acquisition, proclamation, or order made under any such law,\nis for the time being vested either in the Commonwealth or a Commonwealth authority;\nAttorney-General means the Attorney-General for the time being of the Commonwealth, or any person to whom the powers and functions of the Attorney-General under any law of the Commonwealth have been duly delegated pursuant to any law of the Commonwealth;\nCommonwealth authority means any authority incorporated by any law of the Commonwealth;\nthe Constitution means the Commonwealth of Australia Constitution Act.\n4—Provision for bringing land acquired by Commonwealth under the Real Property Acts\nWith respect to any acquired land which at the time of acquisition thereof is not or was not subject to the provisions of the Real Property Act 1886 the following provisions shall apply:\n\tI.\tIf the land is vested in fee simple in the Commonwealth, the Attorney-General, or if the land is vested in fee simple in a Commonwealth authority, then the Commonwealth authority in whom the land is so vested, may apply to the Registrar-General to bring the land under the provisions of the Real Property Act 1886:\n\tII.\tIf the land is land which became vested in the Commonwealth pursuant to the Constitution, the Attorney-General, or the Commonwealth authority, whichever makes the application, shall furnish the Registrar-General with a certificate under the hand of the Attorney-General, or the seal of the Commonwealth authority, as the case may be, certifying that the land became so vested in the Commonwealth and setting out any other facts relevant to the title of the Commonwealth or Commonwealth authority:\n\tIII.\tIn all cases other than those mentioned in the next preceding paragraph there shall be furnished to the Registrar-General in support of the application a copy, certified under the hand of the Attorney-General, or the seal of the Commonwealth authority, whichever makes the application, of the notification of acquisition, vesting order, or other instrument or notice (if any) whereby or in pursuance of which the land was vested in the Commonwealth or Commonwealth authority as aforesaid, and such other evidence of the title of the Commonwealth or Commonwealth authority as the Registrar-General may require:\n\tIV.\tThe Registrar-General may, if he is satisfied as to the title of the Commonwealth or Commonwealth authority, as the case may be, to the land in respect of which the application is made, bring the land under the provisions of the Real Property Act 1886, by issuing a certificate for the land to the Commonwealth or Commonwealth authority in whom the land is vested:\n\tV.\tNo contribution to the assurance fund shall be payable in respect of the bringing under the Real Property Act 1886 of any acquired land.\n5—Transfers of land which is under Real Property Act when acquired by the Commonwealth\nWith respect to any acquired land which at the date of the acquisition thereof is or was subject to the provisions of the Real Property Act 1886 the following provisions shall apply:\n\tI.\tIf the land is vested in the Commonwealth the Attorney-General, or if the land is vested in any Commonwealth authority, then the authority in whom the land is so vested, may apply to the Registrar-General to transfer the land into the name of the Commonwealth or the Commonwealth authority, as the case may be:\n\tII.\tIf the land is land which became vested in the Commonwealth pursuant to the Constitution the Attorney-General or the Commonwealth authority, whichever makes the application, shall furnish the Registrar-General with a certificate under the hand of the Attorney-General, or seal of the Commonwealth authority, as the case may be, certifying that the land became so vested in the Commonwealth and setting out any other facts relevant to the title of the Commonwealth or Commonwealth authority:\n\tIII.\tIn all cases other than those mentioned in the next preceding paragraph there shall be furnished to the Registrar-General in support of the application a copy, certified under the hand of the Attorney-General, or the seal of the Commonwealth authority, whichever makes the application, of the notification of acquisition, vesting order, or other instrument or notice (if any) whereby or in pursuance of which the land was vested in the Commonwealth or Commonwealth authority as aforesaid, and such other evidence of the title of the Commonwealth or Commonwealth authority as the Registrar-General may require:\n\tIV.\tThe Registrar-General, if he is satisfied as to the title to the land of the Commonwealth or the Commonwealth authority, as the case may be, may deal with and give effect to the application as if it were a duly executed and stamped memorandum of transfer of the land to the Commonwealth or Commonwealth authority, as the case may be, lodged for registration on the day on which the application was received by the Registrar-General.\n6—Validation of transfers made and certificates issued before the commencement of this Act\nAny entry made in the Register Book or on any certificate or instrument before the commencement of this Act for the purpose of transferring into the name of the Commonwealth or any Commonwealth authority any acquired land shall be deemed to have been lawfully and validly made, and any certificate or instrument issued before the commencement of this Act by the Registrar-General to the Commonwealth or any Commonwealth authority relating to any acquired land shall be deemed to be and to have been at all times valid and effectual in all respects.\n7—Duty of Registrar-General to enter acquisition in Register Book in certain circumstances\nIf the Registrar-General is satisfied on information received by him from any source that the whole or any part of any land included in a certificate is acquired land, he shall, notwithstanding that no application pursuant to section 5 of this Act has been made, make an entry in the Register Book specifying that the land in question has been acquired by the Commonwealth or Commonwealth authority, as the case may be.\n8—Registration of transfers from one Commonwealth authority to another\n\t(1)\tWhere any land of which a Commonwealth authority is the registered proprietor is by or pursuant to any Act of the Commonwealth vested in another Commonwealth authority (hereinafter called the transferee authority) the transferee authority may apply to the Registrar-General to register it as the transferee of the land.\n\t(2)\tThe Commonwealth authority so applying shall furnish the Registrar with a certificate signed by a responsible officer of the authority stating the volume and folium or number of the certificate or other instrument of title to the said land and certifying that the land has become vested in the transferee authority, and specifying the Act under which it became so vested.\n\t(3)\tThe Registrar-General, if he is satisfied as to the title to the land of the transferee authority, may deal with and give effect to the application as if it were a duly executed and stamped memorandum of transfer of the land to the transferee authority, lodged for registration on the day on which the application was received by the Registrar‑General.\n\t(4)\tNo fees shall be payable to the Registrar-General in respect of any application, registration or other act or matter done under this section for the purpose of procuring the registration of the Commonwealth Trading Bank of Australia as the registered proprietor of land previously vested in the Commonwealth Bank of Australia.\n\t(5)\tWithout limiting the operation of any other provision of this Act, it is declared that the word land in this section includes any mortgage of, or other estate or interest in, land.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1924\n1610\nReal Property (Commonwealth Titles) Act 1924\n23.10.1924\n23.10.1924\n1953\n42\nReal Property (Commonwealth Titles) Act Amendment Act 1953\n17.12.1953\n17.12.1953\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not returned. Only a website error page was provided, making any analysis of original versus current scope impossible."},"complexity_factors":["No legislative text was retrievable — a 404 error was returned instead of the Act's content","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided did not return the actual text of the *Real Property (Commonwealth Titles) Act 1924* (SA). Instead, the South Australian legislation website returned a **404 'Page Not Found' error**, meaning the specific page containing this law is currently unavailable or the URL is broken.\n\n**What we do know from the title alone:**\n- This is a **South Australian law** from 1924.\n- It likely deals with how **Commonwealth (federal government) land titles** are handled under South Australia's property registration system (the Torrens title system — a method of recording land ownership).\n- It would typically affect people or agencies dealing with land owned or managed by the **Australian federal government** within South Australia.\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act by name."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Amendments expanded practical operation: a fee exemption for procuring registration of the Commonwealth Trading Bank as proprietor is provided (s8(4)), and the Act explicitly treats 'land' to include mortgages and other estates or interests (s8(5)). Otherwise the Act remains a procedural mechanism for registering or transferring Commonwealth titles and validating earlier entries (ss 4–6)."},"complexity_factors":["Narrow, procedural subject‑matter (registration of Commonwealth‑acquired land) limits overall complexity.","Requires certified evidence from the Attorney‑General or Commonwealth authority to support applications (ss 3 definition, 4 II–III, 5 II–III, 8(2)).","Places substantial discretion on the Registrar‑General to be 'satisfied' before acting (ss 4 IV, 5 IV, 7, 8(3)).","Validates prior entries and certificates, creating retrospective effect that interacts with existing titles (s6).","Contains specific fee exemptions and exceptions that alter ordinary cost allocation (s4 V; s8(4)).","Incorporated with and operates alongside the Real Property Acts 1886 & 1919, so cross‑references affect application (s2).","Defines 'land' to include mortgages and other interests for transfer purposes, broadening transactional scope (s8(5))."],"plain_english_summary":"Mechanically, the Act lets the Commonwealth or a Commonwealth authority bring land it acquires into South Australian Torrens title or transfer already‑registered land into the Commonwealth’s name by applying to the Registrar‑General with certified proof (Attorney‑General certificate or authority seal). The Registrar‑General may register or enter acquisitions if satisfied; no assurance‑fund contribution is payable when bringing acquired land under title (s4V), and some Commonwealth transfers attract no registration fees (s8(4)). It affects Commonwealth bodies, the Registrar‑General and registered title holders by changing registration procedure and evidentiary requirements."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of facilitating registration of Commonwealth-acquired land in South Australia's titles system. The 1953 amendment (not fully reproduced but referenced in legislative history) appears to have added section 8(4) regarding the Commonwealth Bank transfer, but this is a minor operational addition within the existing framework rather than scope creep. The Act has not expanded to cover state land acquisitions, private transactions, or other registration systems."},"complexity_factors":["Only 8 sections, approximately 1,200 words total","Just 3 defined terms in the interpretation section ('acquired land', 'Attorney-General', 'Commonwealth authority')","Simple conditional structure: two main pathways (land already under Real Property Act vs land not under it) with parallel sub-provisions","Minimal cross-referencing: only references to the Real Property Acts 1886 and 1919, and the Commonwealth Constitution","One nested exception in section 8(4) creating a specific fee exemption for the Commonwealth Bank/Trading Bank transfer","Roman numeral subsections (I-V) rather than modern decimal numbering, indicating older drafting style but not adding conceptual complexity","No delegated legislation provisions, no regulations referenced, no sunset clauses or complex commencement provisions"],"plain_english_summary":"This South Australian law from 1924 creates a special process for registering land owned by the Australian federal government (the Commonwealth) and its agencies in the state's land titles system.\n\n**What it does:**\n- **Brings Commonwealth land into the modern land titles system** (called the \"Real Property Act\" system, which is like a government-guaranteed register of who owns what land). Before this law, there was confusion about how federal government land should be registered.\n- **Creates two pathways depending on the land's status:**\n  - If the land **wasn't** already in the titles system when the Commonwealth acquired it, the Attorney-General or the relevant agency can apply to bring it under the system (Section 4).\n  - If the land **was** already in the titles system, they can apply to transfer it into the Commonwealth's name (Section 5).\n\n**Who it affects:**\n- The **Commonwealth government** and **Commonwealth authorities** (federal government bodies like banks, departments, or statutory corporations)\n- The **Registrar-General** (the state official who maintains South Australia's land ownership records)\n- **Anyone dealing with Commonwealth land** in South Australia, as it ensures clear proof of ownership\n\n**Key features:**\n- **No fees** for bringing land under the system (unlike private landowners who pay into an \"assurance fund\" that compensates people if the register makes mistakes)\n- **Simplified evidence requirements:** Instead of complex title deeds, the Commonwealth can use certificates from the Attorney-General or agency seals to prove ownership\n- **Backdates validity:** Any registrations that happened before this Act became law are deemed valid (Section 6)\n- **Automatic registration:** The Registrar-General can note Commonwealth acquisitions even without an application if they learn about them another way (Section 7)\n- **Easy transfers between agencies:** Federal bodies can transfer land between themselves without the usual paperwork and fees (Section 8), with a specific free transfer allowed when the Commonwealth Bank became the Commonwealth Trading Bank\n\n**Why it matters:**\nThis law recognises that the federal government acquires land differently from private citizens—sometimes automatically through the Constitution (like for defence purposes) or through federal legislation. It prevents bureaucratic gridlock by creating a streamlined, fee-free way to register these acquisitions, ensuring South Australia's land register accurately reflects federal ownership."}},"importantCases":[],"_links":{"self":"/api/acts/real-property-commonwealth-titles-act-1924","history":"/api/acts/real-property-commonwealth-titles-act-1924/history","analysis":"/api/acts/real-property-commonwealth-titles-act-1924/analysis","conflicts":"/api/acts/real-property-commonwealth-titles-act-1924/conflicts","importantCases":"/api/acts/real-property-commonwealth-titles-act-1924/important-cases","documents":"/api/acts/real-property-commonwealth-titles-act-1924/documents"}}