{"id":"real-property-commonwealth-titles-act-1925","name":"Real Property (Commonwealth Titles) Act 1925","slug":"real-property-commonwealth-titles-act-1925","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106479,"registerId":"wa-real-property-commonwealth-titles-act-1925-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Real Property (Commonwealth Titles) Act 1925","content":"![Crest]()Western Australia\n\nReal Property (Commonwealth Titles) Act 1925\n\nWestern Australia\n\nReal Property (Commonwealth Titles) Act 1925\n\nContents\n\n1. Short title 1\n\n2. Incorporation with *Transfer of Land Act 1893* 1\n\n3. Interpretation 1\n\n4. Provision for bringing land acquired by Commonwealth under the Transfer of Land Act 2\n\n5. Transfers of land which is under the Transfer of Land Act when acquired by the Commonwealth 3\n\n6. Validation of transfers made and certificates issued before the commencement of this Act 4\n\n7. Registrar may enter acquisition in Register Book in certain circumstances 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nReal Property (Commonwealth Titles) Act 1925\n\nAn Act relating to the registration of titles to land acquired by the Commonwealth of Australia.\n\n##### 1. Short title\n\nThis Act may be cited as the *Real Property (Commonwealth Titles) Act 1925* 1.\n\n##### 2. Incorporation with *Transfer of Land Act 1893*\n\nThis Act is incorporated with the *Transfer of Land Act 1893*.\n\n##### 3. Interpretation\n\nIn this Act, unless the context otherwise requires —\n\n  Acquired land means any land which, having become vested, whether before or after the commencement of this Act —\n\n(a) in the Commonwealth pursuant to the Constitution; or\n\n(b) in 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,\n\nis for the time being vested either in the Commonwealth or a Commonwealth authority;\n\n  Attorney 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;\n\n  Commonwealth authority means any authority incorporated by any law of the Commonwealth;\n\n  The Constitution means the Commonwealth of Australia Constitution Act.\n\n##### 4. Provision for bringing land acquired by Commonwealth under the Transfer of Land Act\n\nWith respect to any acquired land which at the time of acquisition thereof is not or was not subject to the provisions of the *Transfer of Land Act 1893*, the following provisions shall apply:\n\n(i) If 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 of Titles to bring the land under the provisions of the *Transfer of Land Act 1893*.\n\n(ii) If 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 of Titles 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\n(iii) In all cases other than those mentioned in the next preceding paragraph there shall be furnished to the Registrar of Titles 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 of Titles may require.\n\n(iv) The Registrar of Titles 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 *Transfer of Land Act 1893*, by creating and registering a certificate of title for the land to the Commonwealth or Commonwealth authority in whom the land is vested.\n\n[Section 4 amended: No. 81 of 1996 s. 153(1).]\n\n##### 5. Transfers of land which is under the Transfer of Land Act when acquired by the Commonwealth\n\nWith respect to any acquired land which at the date of the acquisition thereof is or was subject to the provisions of the *Transfer of Land Act 1893*, the following provisions shall apply:\n\n(i) If 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 of Titles to transfer the land into the name of the Commonwealth or the Commonwealth authority, as the case may be.\n\n(ii) If 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 of Titles 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\n(iii) In all cases other than those mentioned in the next preceding paragraph there shall be furnished to the Registrar of Titles 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 of Titles may require.\n\n(iv) The Registrar of Titles, 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 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 of Titles.\n\n##### 6. Validation of transfers made and certificates issued before the commencement of this Act\n\nAny entry made in the Register Book or on any certificate of title 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 of Titles 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.\n\n##### 7. Registrar may enter acquisition in Register Book in certain circumstances\n\nIf the Registrar of Titles 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 may, notwithstanding that no application pursuant to section 5 has been made, make an entry in the Register within the meaning of the *Transfer of Land Act 1893* specifying that the land in question has been acquired by the Commonwealth or Commonwealth authority, as the case may be.\n\n[Section 7 amended: No. 81 of 1996 s. 153(1).]\n\nNotes\n\n1 This reprint is a compilation as at 21 November 2003 of the *Real Property (Commonwealth Titles) Act 1925* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Real Property (Commonwealth Titles) Act 1925* | 3 of 1925 | 24 Sep 1925 | 24 Sep 1925 |\n| *Transfer of Land Amendment Act 1996* s. 153(1) | 81 of 1996 | 14 Nov 1996 | 14 Nov 1996 (see s. 2(1)) |\n| **Reprint 1: The *Real Property (Commonwealth Titles) Act 1925* as at 21 Nov 2003** (includes amendments listed above) | | | |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAcquired land 3\n\nAttorney General 3\n\nCommonwealth authority 3\n\nThe Constitution 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s core scope—enabling Commonwealth‑held land to be registered under the Transfer of Land Act and validating prior entries—remains. The compilation notes record amendments in 1996 to sections 4 and 7, indicating procedural changes to how acquired land is brought or entered on the Register (Notes; s.4, s.7 as amended)."},"complexity_factors":["Incorporation with the Transfer of Land Act 1893 (s.2) — interaction with an external, substantive statute","Multiple acquisition routes requiring different proof (vested under the Constitution v. vested under Commonwealth laws) (s.3, s.4(ii), s.5(ii))","Evidentiary and certification requirements placed on Attorney‑General or Commonwealth authorities (s.4(iii), s.5(iii))","Registrar of Titles’ factual and discretionary role in accepting applications, creating or altering titles, or entering acquisitions (s.4(iv), s.5(iv), s.7)","Validation clause preserving pre‑commencement entries and certificates (s.6) — legal effect retrospective in operation","Defined terms that determine who may act (Acquired land; Attorney General; Commonwealth authority) (s.3)","Amendments recorded in the compilation notes (1996) affecting procedural sections (Notes)"],"plain_english_summary":"This Act sets out how land that becomes vested in the Commonwealth (or a Commonwealth authority) is brought under Western Australia’s Transfer of Land Act 1893 and how title entries are made or validated. Mechanically, the Attorney‑General or the relevant Commonwealth authority must apply to the Registrar of Titles and supply certificates, notices or other evidence; the Registrar then decides whether to create, transfer or record a certificate of title. The process shifts the administrative and evidentiary steps to the Commonwealth/authority and gives the Registrar discretion to accept or enter acquisitions (ss.3–7)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is unavailable. The page returned is a system error/redirect notice, not the content of the Act."},"complexity_factors":["No actual legislative text was provided — only an error/redirect page from the WA legislation website","Any complexity assessment of the Act itself is impossible without access to its content","The title suggests potential jurisdictional interplay between Commonwealth and State law, which could add complexity, but this cannot be confirmed"],"plain_english_summary":"The Real Property (Commonwealth Titles) Act 1925 is a Western Australian law that—based on its title—appears to govern how WA’s land‑title system applies to land in which the Commonwealth has an interest. It concerns recognition, registration, and dealings in Commonwealth‑related land under the Torrens framework.\n\nThis matters to property owners, developers and government agencies involved with Commonwealth land in WA because it affects title recognition and land transactions."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of facilitating registration of Commonwealth-acquired land in Western Australia. The only amendments shown in the compilation table (Transfer of Land Amendment Act 1996) appear to be technical updates to terminology (changing 'Register Book' to 'Register' to align with amendments to the parent Act) rather than substantive expansion of scope."},"complexity_factors":["Only 4 defined terms in the interpretation section (Acquired land, Attorney General, Commonwealth authority, The Constitution)","Short statute with only 7 operative sections","Minimal cross-referencing—primarily incorporates with the Transfer of Land Act 1893 and references the Constitution","Simple conditional structure: two main scenarios (land already under the Act vs land not under the Act) with parallel sub-provisions","No nested exceptions or complex temporal provisions beyond the retrospective validation in section 6","Straightforward administrative process with clear documentary requirements"],"plain_english_summary":"This Western Australian law from 1925 creates a special process for registering land owned by the Australian federal government (the Commonwealth) or its agencies in the state's land titles system.\n\n**What it does:**\nNormally, land in Western Australia is registered under the *Transfer of Land Act 1893* (the state's main land titles system). But when the federal government acquires land—either through the Constitution or federal laws—it needs a way to get that land properly registered. This Act provides that pathway.\n\n**Who it affects:**\n- The **Commonwealth of Australia** (federal government)\n- **Commonwealth authorities** (federal government agencies and corporations)\n- The **Registrar of Titles** (the state official who manages land ownership records)\n- The **Attorney-General** (who certifies certain acquisitions)\n\n**How it works:**\n- **For land NOT already in the state system** (Section 4): The Commonwealth or its agency can apply to bring the land under the *Transfer of Land Act*. They must provide proof of how they acquired it—either a certificate from the Attorney-General (for constitutional acquisitions) or certified copies of acquisition documents. The Registrar then creates a new certificate of title.\n\n- **For land ALREADY in the state system** (Section 5): The Commonwealth or agency applies to transfer the existing title into their name, providing similar proof. The Registrar treats this as if it were a normal property transfer.\n\n- **Retrospective validation** (Section 6): Any registrations that happened before this Act was passed in 1925 are deemed valid.\n\n- **Registrar's power to act without application** (Section 7): If the Registrar learns from any source that land has been acquired by the Commonwealth, they can note this in the register even without a formal application.\n\n**Why it matters:**\nThis ensures the federal government can efficiently register its land holdings in Western Australia without going through normal commercial transfer processes. It recognises that the Commonwealth acquires land through different mechanisms (like constitutional powers or federal legislation) than private buyers, and streamlines the paperwork accordingly."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/real-property-commonwealth-titles-act-1925","history":"/api/acts/real-property-commonwealth-titles-act-1925/history","analysis":"/api/acts/real-property-commonwealth-titles-act-1925/analysis","conflicts":"/api/acts/real-property-commonwealth-titles-act-1925/conflicts","importantCases":"/api/acts/real-property-commonwealth-titles-act-1925/important-cases","documents":"/api/acts/real-property-commonwealth-titles-act-1925/documents"}}