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Civil Law (Property) Act 2006
503Regulation-making power
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503 Regulation-making power
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
(2) A regulation may make provision in relation to the following:
(a) requirements about the way plans for section 260 (1) (a) are
prepared;
(b) format requirements for plans required under
section 260 (1) (a).
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• adult
• child
• corporation
• Corporations Act
• domestic partnership (see s 169 (2))
• individual
• instrument (see s 14)
• interest
• land
• person
• police officer
• proceeding
• provision (see s 16)
• public trustee and guardian
• registrar-general
• territory planning authority.
Note 3 See also the Legislation Act, s 168 (References to person with interest in
land include personal representative etc).
administrator includes anyone to whom administration of the estate
of a deceased person is granted, and includes the public trustee and
guardian acting under the Administration and Probate Act 1929,
part 6.
agent, for part 4.7 (Recovery of leased premises)—see section 437.
annuity, for part 2.6 (Apportionment)—see section 248.
assurance includes a conveyance and a disposition made otherwise
than by will.
bankruptcy includes any act or proceeding in law having effects or
results similar to those of bankruptcy.
Example
winding-up of a company
buyer action period, for part 2.9 (Unit titles)—see section 259.
common property, for part 2.9 (Unit Titles)—see the Unit Titles
Act 2001, section 13.
conveyance includes an assignment, appointment, lease, settlement
or other assurance by deed of any property.
deed, in relation to land under the Land Titles Act 1925, includes an
instrument that has the effect of a deed under that Act.
developer, for part 2.9 (Unit titles)—see the Unit Titles Act 2001,
disclosure statement, for part 2.9 (Unit titles)—see section 260 (1).
disclosure update notice, for part 2.9 (Unit titles)—see
section 260B (2).
disposition includes—
(a) a conveyance; and
(b) an acknowledgment under the Administration and Probate
Act 1929, section 56 (Executor may sign acknowledgment
instead of conveyance); and
(c) a vesting instrument, declaration of trust, disclaimer, release or
any other assurance of property by an instrument other than a
will; and
(d) a release, devise, bequest or appointment of property in a will.
dividend, for part 2.6 (Apportionment)—see section 248.
encumbrance includes—
(a) a mortgage; and
(b) a trust for securing money; and
(c) a lien or charge of a portion, annuity, or other capital or annual
sum.
excluded change, for part 2.9 (Unit titles)—see section 259A (4).
executor means the executor to whom probate has been granted, and
includes an executor by right of representation.
implied warranties, for division 2.9.3 (Implied warranties)—see
section 264.
income, of land, includes rents and profits.
instrument includes a deed, a will, an agreement for settlement, and
a law of the Territory, the Commonwealth, a State or another
Territory.
interested person, in relation to property, for part 2.5 (Partition)—see
section 242.
lease, for part 4.5 (Forfeiture of leases)—see section 424.
lessee, for part 4.5 (Forfeiture of leases)—see section 424.
lessor, for part 4.5 (Forfeiture of leases)—see section 424.
life interest, for division 2.2.3 (Ending life interests)—see
section 215.
material change, for part 2.9 (Unit titles)—see section 259.
mortgage—
(b) for other property—includes a charge on property for securing
money or money’s worth.
mortgagee—
(b) for other property—includes a person taking title to the
mortgage under the original mortgagee.
mortgagor—
(b) for other property—includes any of the following:
(i) a person taking title to the equity of redemption under the
original mortgagor;
(ii) a person entitled to redeem a mortgage, according to the
person’s interest in the mortgaged property.
off-the-plan contract, for part 2.9 (Unit titles)—see section 259.
owners corporation, for part 2.9 (Unit Titles)—see the Unit Titles
(Management) Act 2011, dictionary.
personal representative means the executor or administrator of a
deceased person.
person with a legal disability means—
(a) a child; or
(b) a person with a mental disability.
person with a mental disability means—
(a) in relation to a proceeding—a person (other than a child) who is
not legally competent to be a party to the proceeding; and
(b) in relation to the doing of something—a person (other than a
child) who is not legally competent to do the thing;
and includes such a person even if a guardian or manager has not been
appointed for the person under the Guardianship and Management of
Property Act 1991.
possession, of land, includes receipt of income from the land.
proceeding for partition of property, for part 2.5 (Partition)—see
section 242.
purchaser—
(a) for division 2.4.1 (Dispositions on trust for sale or with power
of sale)—see section 230; and
(b) for division 2.4.2 (Voidable dispositions)—see section 238; and
(c) for any other provision—means a purchaser for valuable
consideration, and includes—
(i) a lessee or mortgagee; and
(ii) anyone else who acquires an interest in property for
valuable consideration.
registered means—
(a) for this Act generally—registered in the appropriate register
kept by the registrar-general; and
(b) for part 2.9 (Unit Titles)—see section 259.
rent—
(a) includes yearly or other rent; and
(b) for part 2.6 (Apportionment)—see section 248.
securities includes stocks, funds and shares.
settlement—see section 200.
sublease, for part 4.5 (Forfeiture of leases)—see section 424.
trust corporation means—
(a) the public trustee and guardian or a trustee company; or
(b) the Official Trustee in Bankruptcy under the Bankruptcy Act
1966 (Cwlth); or
(c) the trustee in whom the property of a bankrupt is vested.
trustee company—see the Trustee Companies Act 1947, dictionary.
trustees for sale means the people holding property on trust for sale.
trust for sale means a binding trust for sale, whether or not
exercisable at the request or with the consent of anyone, and with or
without a discretionary power to postpone sale.
unit, for part 2.9 (Unit Titles)—see the Unit Titles Act 2001,
section 9.
units plan, for part 2.9 (Unit Titles)—see the Unit Titles Act 2001,
unit subsidiary, for part 2.9 (Unit Titles)—see the Unit Titles
Act 2001, section 12.
valuable consideration includes marriage, but does not include a
nominal consideration in money.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.