18Land brought under Act

18 Land brought under Act (1) Land not subject to this Act may be brought under its provisions. (2) The registrar-general shall receive applications for that purpose if made by— (a) any person in Australia claiming to be the person in whom the fee simple is vested in possession either at law or in equity: Provided that in any case where trustees, seized in fee simple, have no express power to sell the land which they seek to bring under the operation of this Act, the person claiming to be beneficially entitled for the first life estate, or other greater estate than a life estate in the land, shall join in the application; or (b) any person in Australia claiming a life estate in possession, or a leasehold for a life or lives, or having a term of not less than 25 years then current, and any person in Australia claiming a leasehold estate under a Crown lease having a term not less than 5 years then current: Provided that all persons claiming to be beneficially entitled in reversion or remainder shall join in the application: Provided further that nothing in the preceding proviso shall be construed as requiring the concurrence of a lessor in an application by a lessee; or (c) any person in Australia who has the power of appointing or disposing of the fee simple of any land absolutely; or (d) the attorney in the ACT, under a power of attorney, of a corporation having the power to hold or dispose of land in fee simple: Provided that— (i) the power of attorney shall be under the common seal of the corporation, and shall authorise the attorney to apply; and (ii) the application shall be made for and on behalf of the corporation; and (iii) the requisite declaration shall be made by him or her to the best of his or her knowledge, information and belief; and (iv) the application shall be subscribed in his or her own name as such attorney; and (v) the interest in the land must be registered in the name of the corporation; or (e) the attorney in the ACT of any person absent Australia who would be entitled to apply if resident in Australia, provided that the attorney is constituted such by an instrument under seal authorising him or her, at his or her absolute discretion— (a) to sell and convey land for an absolute estate in fee simple, and to give effectual discharges to purchasers; or (b) as regards applications in respect of a life estate or a leasehold, to deal with life estates and leaseholds respectively; and the requisite evidence of non-revocation of the power by the grantor’s death or otherwise is furnished; or (f) a parent or guardian of an infant, in the name of the infant; or Requirements of applications Division 5.1 (g) the manager of a person’s property under the Guardianship and Management of Property Act 1991. (3) No such application shall be received— (a) from a person who has contracted to purchase any land unless either the vendor consents to or joins in the application or the whole of the purchase money has been paid to the vendor or his or her authorised attorney or agent; or (b) from a person claiming to be entitled to an undivided share of any land unless the person who appears to be entitled to the other undivided share joins in the application with the view of bringing the entirety under this Act; or (c) from the mortgagor of any land unless the mortgagee joins in the application; or (d) from the mortgagee of any land except in the exercise of a power of sale contained in the mortgage deed; or (e) in respect of any land subject to the lien of any judgment or execution creditor unless the creditor consents to the application. (4) The bringing of any leasehold under this Act shall not be held to extinguish the reversion expectant thereon. (5) In the event of land being brought under this Act under an application by any person mentioned in subsection (2) (c), the application shall be deemed, both at law and in equity, to be an exercise of the power vested in that person.