273Provisions of Part to apply to land under general law and Transfer of Land Act 1958

273 Provisions of Part to apply to land under general law and Transfer of Land Act 1958 The provisions of this Part shall apply to land whether under the general law or under the operation of the **Transfer of Land Act 1958**, and shall where applicable be acted upon by the Registrar of Titles in dealing with any application to bring land under the **Transfer of** **Land Act 1958**, or to have any folio of the Register amended as to boundaries, and also in any investigation in the Office of Titles as to boundaries. Part VIII—Recovery of property etc. on determination of a life or lives No. 3754 s. 273. 274 Person wrongfully holding over after the determination of a life to be liable in damages (1) Every person having any estate or interest in any real or personal property determinable upon a life or lives who after the determination of such life or lives without the express consent of the person or persons next immediately entitled upon or after such determination holds over or continues in possession of such real or personal property estate or interest or of the rents profits or income thereof shall be liable in damages or to an account for such rents and profits or both to the person or persons entitled to such property estate interest rents profits or income after the determination of such life or lives. (2) Where a reversion remainder or other estate or interest in real or personal property is expectant upon the determination of a life or lives the reversioner remainderman or other person entitled to such reversion remainder or other estate or interest may in an action claiming relief on the basis that such life or lives has or have determined give evidence by himself or some other credible witness or witnesses of belief that such life or lives has or have been determined and of the grounds of such belief and thereupon the Court may in its discretion order that unless the person or persons on whose life or lives such reversion remainder or other estate or interest is expectant is or are produced in court or is or are otherwise shown to be living such person or persons shall for the purposes of such action be accounted as dead and relief may be given accordingly. (3) If in such action the last-mentioned person or persons is or are shown to have remained beyond Australia, or otherwise absented himself or themselves from the place or places in which if in Australia he or they might be expected to be found, for the space of seven years or upwards such person or persons if not proved to be living shall for the purposes of such action be accounted as dead and relief may be given accordingly. S. 274(4) amended by No. 110/1986 s. 140(2). (4) If in any such action judgment has been given against the plaintiff and afterwards such plaintiff brings a subsequent action upon the basis that such life or lives has or have determined the Court may make an order staying such action either permanently or until further order or for such specified time as it thinks fit. (5) If in consequence of the judgment given in any such action any person having any estate or interest in any real or personal property determinable on such life or lives has been evicted from or deprived of any real or personal property or any estate or interest therein and afterwards it appears (in an action brought for the recovery of such property or any part thereof or of any estate or interest therein or for damages for being evicted therefrom or deprived thereof or for an account of rents profits and income or for the reimbursement of the whole or part of the costs of the former action or for interest at such rate as the Court thinks fit or for all or some or any of these matters which action so far as it is appropriate in the circumstances it is hereby declared may notwithstanding anything hereinbefore contained or in the judgment in the former action contained be brought) that such person or persons on whose life or lives such estate or interest depends is or are living or was or were living at the time of such eviction or deprivation the Court may give such relief as is appropriate in the circumstances. Pt 9 (Heading and ss 275–302) inserted by No. 91/1987 s. 3, amended by Nos 57/1989 s. 3(Sch. items 166.7, 166.8), 23/1998 ss 5–7, 8(4), 27/2001 s. 3(Sch. 1 item 9) (as amended by No. 72/2001 s. 4(a)), repealed by No. 12/2008 s. 72. Schedules Section 2. First Schedule | *Number of Act* | *Title of Act* | *Extent of Repeal* | | --- | --- | --- | | 3754 | **Property Law Act 1928** | So much as is not already repealed. | | 4222 | **Property Law (Charitable Bequests) Act 1934** | The whole. | | 4265 | **Mortgagees (Powers of Sale) Act 1934** | So much as is not already repealed. | | 4602 | **Companies Act 1938** | Item in Part II of First Schedule referring to **Property Law Act 1928**. | | 4654 | **Public Trustees Act 1939** | Clause 10 of First Schedule. | | 5753 | **Statute Law Revision Act 1953** | Item in Schedule referring to **Property Law Act 1928**. | | 5757 | **Statutes Amendment Act 1953** | Section 9. | | 5914 | **Limitation of Actions Act 1955** | Clause 33 of Schedule. | | 5934 | **Property Law and Transfer of Land Act 1955** | So much as is not otherwise repealed. | | 6012 | **Registrar-General's Fees Act 1956** | Section 8. | | 6123 | **Property Law (Amendment) Act 1957** | The whole. | Sch. 2 repealed by No. 9043 s. 2(c). Section 46. No. 5934 s. 3. Sch. 3 amended by Nos 6433 s. 2 (as amended by No. 6489 s. 4), 6961 s. 2, 9427 s. 6(1)(Sch. 5 item 149), 9633 s. 9, substituted by No. 9858 s. 7(b). Third Schedule—General conditions of sale of land Sch. 3 cl. 1 amended by No. 35/1996 s. 453(Sch. 1 item 68.4(a)). 1. The muniments of title in respect of the land sold shall be produced on demand to the purchaser or his legal practitioner who shall within twenty-one days from the day of sale deliver to the vendor or his legal practitioner in writing all requisitions or objections (if any) on or to the title or concerning any matter appearing in the particulars or conditions. If the vendor fails to produce such muniments of title on demand such twenty-one days shall not commence to run until production thereof. All requisitions or objections not included in any such writing so delivered shall be deemed waived by the purchaser and in default of such requisitions (if none) and subject to such (if any) as are so delivered the purchaser shall be deemed to have accepted title. Sch. 3 cl. 2 amended by No. 35/1996 s. 453(Sch. 1 item 68.4(a)). 2. If the purchaser within the said twenty-one days makes any such requisition or objection as aforesaid which the vendor is unable or unwilling to remove or comply with the vendor or his legal practitioner (whether or not he has attempted to remove or comply with the same and notwithstanding any negotiation or litigation in respect thereof) may give to the purchaser or his legal practitioner notice in writing of the vendor's intention to rescind the contract at the expiration of seven days unless such requisition or objection is withdrawn and if such notice is so given and the requisition or objection is not withdrawn within such seven days the contract shall thereupon be rescinded and the vendor shall repay to the purchaser all deposit and other moneys received by him or his agent on account of the purchase money but without interest costs or damages and the same shall be accepted by the purchaser in full satisfaction of all claims. Sch. 3 cl. 3 amended by Nos 10167 s. 3(1), 50/2011 s. 46(Sch. item 13). 3. No omission from the particulars or mistake in the description measurements or area of the land hereby sold shall invalidate the sale unless the vendor rescinds pursuant to the last preceding Condition but if notified to the other party not less than three days before the day fixed for completion or within twenty-one days of the day of sale (whichever is the earlier) the same shall be the subject of compensation to be paid or received by the vendor as the case may require and to be assessed in case the parties differ by an arbitral tribunal consisting of a panel of 2 arbitrators in accordance with the provisions of the **Commercial Arbitration Act 2011** and this Condition shall in that event be deemed to be a submission to arbitration within that Act. Sch. 3 cl. 4 amended by No. 9967 s. 11. 4. If either party defaults in payment of any money under this contract then interest at a rate two per cent higher than the rate for the time being fixed under section 2 of the **Penalty Interest Rates** **Act 1983** in lieu of any rate named in the contract and computed upon the money overdue during the period of default shall be paid on demand made by the offended party without prejudice to any other rights of the offended party. 5. Time shall be of the essence of this contract. However if either party defaults under this contract the offended party shall not be entitled to exercise any of his rights arising out of the default other than his right to sue for money then owing until he has served the offender with a written notice specifying the default and his intention to exercise his rights unless the default is remedied and the proper legal costs occasioned by the default and any interest demanded are all paid within fourteen days of service of the notice and the offender fails to comply with the notice. 6. (1) Where the default has been made by the purchaser and is not remedied all monies unpaid under this contract shall become immediately payable and recoverable at the option of the vendor. (2) If the notice also states that unless the default is so remedied the contract will be rescinded pursuant to this condition then if the default is not so remedied the contract shall thereupon be rescinded. (3) Where the contract is rescinded and the notice is given by— (a) the purchaser, he shall be repaid any money together with any interest and costs payable under this contract and these shall be a charge on the land until payment. (b) the vendor, then an amount equal to one tenth of the price ("the security") shall be forfeited to the vendor as his absolute property and he may recover possession of the land and at his option may within one year of the date of rescission either— (i) retain the land and sue for damages for breach of contract; or (ii) resell the land in such manner as he sees fit and recover any deficiency in the price on the re-sale and any resulting expenses by way of liquidated damages. In addition to the security the vendor may retain any part of the price paid to him pending the determination of damages and may apply that money in satisfaction or part satisfaction of those damages. Sch. 3 cl. 7 amended by No. 35/1996 s. 453(Sch. 1 item 68.4(a)). 7. If either party rescinds this contract pursuant to the last preceding Condition then that party or his legal practitioner may notify the stakeholder accordingly whereupon the stakeholder shall pay the moneys so held to the person giving the notice. The parties hereby each appoint the other as their lawful attorney for this purpose and absolve the stakeholder from any liability for complying with such notice. 8. The land sold is purchased subject to the reservations exceptions and conditions (if any) contained in the Crown grant. Sch. 3 cl. 9 amended by Nos 88/2005 s. 117(Sch. 2 item 4), 38/2023 s. 15, 16/2024 s. 60. 9. All rates, taxes (other than tax payable under the **Land Tax Act 2005** or the **Commercial and Industrial Property Tax Reform Act 2024** and tax payable under a notice of assessment issued on or before the date of the contract in respect of a liability arising under the **Windfall Gains Tax Act 2021**), assessments, fire insurance premiums and other outgoings in respect of the said land shall be paid by the vendor and borne by the purchaser as from the date on which he becomes entitled to possession and the same shall if necessary be apportioned between the vendor and purchaser and the rent (if any) shall be also apportioned on the same day and the balance paid or received as the case may require. In calculating the apportionment any personal statutory benefit available to any party shall be disregarded. The vendor must not require the purchaser to pay any amount for or towards tax for which the vendor is or may become liable under the **Land Tax Act 2005** or the **Commercial and Industrial Property Tax Reform Act 2024** or for which the vendor is liable under a notice of assessment issued on or before the date of the contract in respect of a liability arising under the **Windfall Gains Tax Act 2021**. 10. Subject to the purchaser obtaining the consent of the fire insurance company, paying such apportioned premium as aforesaid, and accepting title in fact or by implication, the vendor shall hold the existing policy of insurance for himself and in trust for the purchaser and all other persons having an insurable interest and to the extent of such respective interests. Sch. 3 cl. 11 amended by Nos 10087 s. 3(1)(Sch. 1 item 192), 52/1994 s. 97(Sch. 3 item 24). 11. After the settlement date, so long as any purchase or other moneys remain owing by the purchaser to the vendor— (a) the purchaser shall at his own cost insure and keep insured in the names of the vendor and the purchaser and every other person having an insurable interest in some insurance office to be approved by the vendor all buildings now erected or hereafter to be erected on the said land and shall deliver the policy and annual premium receipt to the vendor. Such policy shall be for the full insurable value inclusive of the policy in the last preceding Condition mentioned. Upon default herein by the purchaser the vendor may pay any renewal premium or (as the case may be) may effect such insurance and pay any premium and any money so paid by him shall be payable to him by the purchaser on demand; (b) the purchaser shall keep all such buildings and all fencing in tenantable repair; (c) neither the purchaser nor any transferee or sub‑purchaser of the said land shall alter the construction of such buildings or in any way pull down or remove the same or any part thereof without the consent in writing of the vendor first obtained; (d) the purchaser shall in relation to the said land comply with and observe all statutory provisions and all regulations and by-laws thereunder from time to time in force which are binding upon owners or occupiers of land and which relate to the prevention or destruction of pest animals noxious weeds or diseases of vegetation or vines; (e) the vendor may enter upon the said land twice in every year at a reasonable time of the day and view the condition thereof and of any buildings thereon. 12. Upon payment of all purchase and other moneys payable by the purchaser under the contract the vendor shall execute a proper assurance to the purchaser of the land sold and deliver to the purchaser the muniments of title unless the land sold is under mortgage. If other land or interest are then comprised therein such muniments of title in the possession of the vendor as relate to other land property or interests may be retained by the vendor but he shall by the conveyance or other assurance give an acknowledgement and undertaking pursuant to section 64 of the **Property Law Act 1958**. Such assurance shall be prepared by or on behalf and at the expense of the purchaser. The delivery of such document shall not by itself be deemed acceptance of title. Sch. 3 cl. 13 amended by No. 35/1996 s. 453(Sch. 1 item 68.4(b) (i)(ii)). 13. Any demand, notice or document by any party to this contract may be made or given by the legal practitioner for that party and shall be sufficiently served or delivered if served or delivered personally or if posted by prepaid post addressed either to the party to be served or his legal practitioner at their respective addresses as named in the contract or if served in any other manner authorized by the Supreme Court Rules for service of documents upon parties or their legal practitioners. 14. (a) Where the consent or licence of any person or body is required to the sale, the vendor shall at his own expense apply for and use his best endeavours to obtain such consent or licence. If such consent or licence is not obtained by the date upon which the purchaser becomes entitled to possession of the land sold or to the receipt of the rents and profits thereof as the case may be (in these Conditions called "the settlement date") the contract shall be null and void and all moneys paid hereunder by the purchaser shall be refunded to him. (b) If the land sold is leasehold, the rent and other monetary obligations payable by the vendor (except capital payments payable under any Crown lease) shall be adjusted between the parties in the same manner as is provided by these Conditions for the adjustment of rates. The purchaser shall indemnify the vendor against all claims in respect of all the obligations under the said lease which are to be performed after the settlement date. 15. The purchaser shall assume liability for compliance with any notices or orders relating to the property sold (other than those referring to apportionable outgoings) which are made or issued on or after the day of sale but the purchaser shall be entitled to enter on the property sold (without thereby being deemed to have accepted title) at any time prior to the settlement date for the purpose of complying with any such notice or order which requires to be complied with before the settlement date. The purchaser may also inspect the condition of the property and the chattels at any reasonable time during the period of seven days preceding the settlement date. Sch. 3 cl. 16 amended by No. 11/2001 s. 3(Sch. item 59.2). 16. Any payment due under this contract may be made or tendered either in cash or by a draft or cheque drawn on account of an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth. 17. (1) If the purchaser is not in default in any respect under the contract, at any time after acceptance of title and before payment in full of the purchase money the vendor shall on the request of the purchaser convey the land to the purchaser by a proper assurance prepared by and at the expense of the purchaser, the purchaser simultaneously with such conveyance re-conveying the land to the vendor by way of mortgage to secure payment of all moneys thereafter to become payable by the purchaser pursuant to the contract. (2) Such mortgage shall contain power of sale and re‑entry and all such other powers in favour of the mortgagee and all such covenants on the part of the mortgagor as are usual in mortgages and fully accord with and provide for the observance of all obligations of the purchaser pursuant to the contract and shall at the cost of the purchaser be prepared and registered in the office of the Registrar-General and until the mortgagor becomes entitled to a re-conveyance the mortgagee may retain all muniments of title of the land. Sections 76, 77. Fourth Schedule—Implied covenants PART I *Covenant implied in a Conveyance for Valuable Consideration, other than a Mortgage, by a Person who Conveys and is expressed to Convey as Beneficial Owner* That, notwithstanding anything by the person who so conveys or any one through whom he derives title otherwise than by purchase for value, made, done, executed or omitted, or knowingly suffered, the person who so conveys, has, with the concurrence of every other person (if any) conveying by his direction, full power to convey the subject-matter expressed to be conveyed, subject as, if so expressed, and in the manner in which, it is expressed to be conveyed, and that, notwithstanding anything as aforesaid, that subject-matter shall remain to and be quietly entered upon, received, and held, occupied, enjoyed, and taken, by the person to whom the conveyance is expressed to be made, and any person deriving title under him, and the benefit thereof shall be received and taken accordingly, without any lawful interruption or disturbance by the person who so conveys or any person conveying by his direction, or rightfully claiming or to claim by, through, under, or in trust for the person who so conveys, or any person conveying by his direction, or by, through, or under any one (not being a person claiming in respect of an estate or interest subject whereto the conveyance is expressly made), through whom the person who so conveys derives title, otherwise than by purchase for value: And that, freed and discharged from, or otherwise by the person who so conveys sufficiently indemnified against, all such estates, incumbrances, claims and demands, other than those subject to which the conveyance is expressly made, as, either before or after the date of the conveyance, have been or shall be made, occasioned or suffered by that person or by any person conveying by his direction, or by any person rightfully claiming by, through, under or in trust for the person who so conveys, or by, through or under any person conveying by his direction, or by, through, or under any one through whom the person who so conveys derives title, otherwise than by purchase for value: And further, that the person who so conveys, and any person conveying by his direction, and every other person having or rightfully claiming any estate or interest in the subject-matter of conveyance, other than an estate or interest subject whereto the conveyance is expressly made, by, through, under or in trust for the person who so conveys, or by, through, or under any person conveying by his direction, or by, through or under any one through whom the person who so conveys derives title, otherwise than by purchase for value, will, from time to time and at all times after the date of the conveyance, on the request and at the cost of any person to whom the conveyance is expressed to be made, or of any person deriving title under him, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of the conveyance to the person to whom the conveyance is made, and to those deriving title under him, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by him or them or any of them shall be reasonably required. In the above covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage. PART II *Further Covenant implied in a Conveyance of Leasehold Property for Valuable Consideration, other than a Mortgage, by a Person who Conveys and is expressed to Convey as Beneficial Owner* That, notwithstanding anything by the person who so conveys, or any one through whom he derives title, otherwise than by purchase for value, made, done, executed or omitted, or knowingly suffered, the lease or grant creating the term or estate for which the land is conveyed is, at the time of conveyance, a good valid, and effectual lease or grant of the property conveyed, and is in full force, unforfeited, unsurrendered, and has nowise become void or voidable, and that, notwithstanding anything as aforesaid, all the rents reserved by, and all the covenants, conditions and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, have been paid, observed and performed up to the time of conveyance. In the above covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage. PART III *Covenant implied in a Conveyance by way of Mortgage by a Person who Conveys and is expressed to Convey as Beneficial Owner* That the person who so conveys, has, with the concurrence of every other person, if any, conveying by his direction, full power to convey the subject‑matter expressed to be conveyed by him, subject as, if so expressed, and in the manner in which it is expressed to be conveyed: And also that, if default is made in payment of the money intended to be secured by the conveyance, or any interest thereon, or any part of that money or interest, contrary to any provision in the conveyance, it shall be lawful for the person to whom the conveyance is expressed to be made, and the persons deriving title under him, to enter into and upon, or receive, and thenceforth quietly hold, occupy and enjoy or take and have, the subject-matter expressed to be conveyed, or any part thereof, without any lawful interruption or disturbance by the person who so conveys, or any person conveying by his direction, or any other person (not being a person claiming in respect of an estate or interest subject whereto the conveyance is expressly made): And that, freed and discharged from, or otherwise by the person who so conveys sufficiently indemnified against, all estates, incumbrances, claims and demands whatever other than those subject whereto the conveyance is expressly made: And further, that the person who so conveys and every person conveying by his direction, and every person deriving title under any of them, and every other person having or rightfully claiming any estate or interest in the subject-matter of conveyance, or any part thereof, other than an estate or interest subject whereto the conveyance is expressly made, will from time to time and at all times, on the request of any person to whom the conveyance is expressed to be made, or of any person deriving title under him, but, as long as any right of redemption exists under the conveyance, at the cost of the person so conveying, or of those deriving title under him, and afterwards at the cost of the person making the request, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of conveyance and every part thereof to the person to whom the conveyance is made, and to those deriving title under him, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by him or them or any of them shall be reasonably required. PART IV *Covenant implied in a Conveyance by way of Mortgage of Leasehold Property by a Person who Conveys and is expressed to Convey as Beneficial Owner* That the lease or grant creating the term or estate for which the land is held is, at the time of conveyance, a good, valid and effectual lease or grant of the land conveyed and is in full force, unforfeited and unsurrendered and has in nowise become void or voidable, and that all the rents reserved by, and all the covenants, conditions and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, have been paid, observed and performed up to the time of conveyance: And also that the person so conveying, or the persons deriving title under him, will at all times, as long as any money remains owing on the security of the conveyance, pay observe and perform, or cause to be paid, observed and performed all the rents reserved by, and all the covenants, conditions and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, and will keep the person to whom the conveyance is made, and those deriving title under him, indemnified against all actions proceedings, costs, charges, damages, claims and demands (if any) to be incurred or sustained by him or them by reason of the non-payment of such rent or the non-observance or non-performance of such covenants, conditions and agreements, or any of them. PART V *Covenant implied in a Conveyance by way of Settlement, by a Person who Conveys and is expressed to Convey as Settlor* That the person so conveying, and every person deriving title under him by deed or act or operation of law in his lifetime subsequent to that conveyance, or by testamentary disposition or devolution in law, on his death, will, from time to time, and at all times, after the date of that conveyance, at the request and cost of any person deriving title thereunder, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of the conveyance to the persons to whom the conveyance is made and those deriving title under them, as by them or any of them shall be reasonably required, subject as if so expressed, and in the manner in which the conveyance is expressed to be made. PART VI *Covenant implied in any Conveyance, by every Person who Conveys and is expressed to Convey as Trustee or Mortgagee, or as Personal Representative of a Deceased Person, or as Committee of the Estate of a Lunatic or under an Order of the Court* That the person so conveying has not executed or done, or knowingly suffered, or been party or privy to any deed or thing, whereby or by means whereof the subject-matter of the conveyance or any part thereof, is or may be impeached, charged, affected or incumbered in title, estate, or otherwise, or whereby or by means whereof the person who so conveys is in anywise hindered from conveying the subject-matter of the conveyance, or any part thereof, in the manner in which it is expressed to be conveyed. *The foregoing covenant may be implied in an assent in like manner as in a conveyance by deed.* PART VII *Covenant implied in a Conveyance for Valuable Consideration other than a Mortgage, of the Entirety of Land affected by a Rentcharge* That the grantees or the persons deriving title under them will at all times, from the date of the conveyance or other date therein stated, duly pay the said rentcharge and observe and perform all the covenants, agreements and conditions contained in the deed or other document creating the rentcharge, and thenceforth on the part of the owner of the land to be observed and performed: And also will at all times, from the date aforesaid, save harmless and keep indemnified the conveying parties and their respective estates and effects, from and against all proceedings, costs, claims and expenses on account of any omission to pay the said rentcharge or any part thereof, or any breach of any of the said covenants, agreements and conditions. PART VIII *Covenants implied in a Conveyance for Valuable Consideration, other than a Mortgage, of Part of Land affected by a Rentcharge, subject to a Part (not legally apportioned) of that Rentcharge* Sch. 4 Pt 8 cl. (i) amended by No. 71/1994 s. 4(c)(i). (i) That the grantees or the persons deriving title under them, will at all times, from the date of the conveyance or other date therein stated, pay the apportioned rent and observe and perform all the covenants (other than the covenant to pay the entire rent) and conditions contained in the deed or other document creating the rentcharge, so far as the same relate to the land conveyed: And also will at all times, from the date aforesaid, save harmless and keep indemnified the conveying parties and their respective estates and effects, from and against all proceedings, costs, claims and expenses on account of any omission to pay the said apportioned rent, or any breach of any of the said covenants and conditions, so far as the same relate as aforesaid. Sch. 4 Pt 8 cl. (ii) amended by No. 71/1994 s. 4(c)(ii). (ii) That the conveying parties or the persons deriving title under them, will at all times, from the date of the conveyance or other date therein stated, pay the balance of the rentcharge (after deducting the apportioned rent aforesaid, and any other rents similarly apportioned in respect of land not retained), and observe and perform all the covenants other than the covenant to pay the entire rent, and conditions contained in the deed or other document creating the rentcharge, so far as the same relate to the land not included in the conveyance and remaining vested in the covenantors: And also will at all times from the date aforesaid, save harmless and keep indemnified the grantees and their estates and effects, from and against all proceedings, costs, claims and expenses on account of any omission to pay the aforesaid balance of the rentcharge, or any breach of any of the said covenants and conditions so far as they relate as aforesaid. Sch. 4 Pt 9 amended by No. 71/1994 s. 4(d). PART IX *Covenant in a Conveyance for Valuable Consideration, other than a Mortgage, of the Entirety of the Land comprised in a Lease for the Residue of the Term or Interest created by the Lease* That the assignees or the persons deriving title under them, will at all times, from the date of the conveyance or other date therein stated, duly pay all rent becoming due under the lease creating the term or interest for which the land is conveyed, and observe and perform all the covenants, agreements and conditions therein contained and thenceforth on the part of the lessees to be observed and performed: And also will at all times, from the date aforesaid, save harmless and keep indemnified the conveying parties and their estates and effects, from and against all proceedings, costs, claims and expenses on account of any omission to pay the said rent or any breach of any of the said covenants, agreements and conditions. PART X *Covenants implied in a Conveyance for Valuable Consideration, other than a Mortgage, of Part of the Land comprised in a Lease, for the Residue of the Term or Interest created by the Lease subject to a Part (not legally apportioned) of that Rent* (i) That the assignees or the persons deriving title under them, will at all times, from the date of the conveyance or other date therein stated, pay the apportioned rent and observe and perform all the covenants, other than the covenant to pay the entire rent, agreements and conditions contained in the lease creating the term or interest for which the land is conveyed, and thenceforth on the part of the lessees to be observed and performed, so far as the same relate to the land conveyed: And also will at all times, from the date aforesaid, save harmless and keep indemnified the conveying parties and their respective estates and effects, from and against all proceedings, costs, claims and expenses on account of any omission to pay the said apportioned rent or any breach of any of the said covenants, agreements and conditions so far as the same relate as aforesaid. (ii) That the conveying parties or the persons deriving title under them, will at all times, from the date of the conveyance, or other date therein stated, pay the balance of the rent (after deducting the apportioned rent aforesaid and any other rents similarly apportioned in respect of land not retained) and observe and perform all the covenants, other than the covenant to pay the entire rent, agreements and conditions contained in the lease and on the part of the lessees to be observed and performed so far as the same relate to the land demised (other than the land comprised in the conveyance) and remaining vested in the covenantors: And also will at all times, from the date aforesaid, save harmless and keep indemnified the assignees and their estates and effects, from and against all proceedings, costs, claims and expenses on account of any omission to pay the aforesaid balance of the rent or any breach of any of the said covenants, agreements and conditions so far as they relate as aforesaid. Section 114. Sch. 5 amended by No. 70/2013 s. 3(Sch. 1 item 42.3). Fifth Schedule—Form of transfer of mortgage THIS INDENTURE made the day of 20 between M. of [&c.] of the one part, and T. of [&c.] of the other part, supplemental to an Indenture of Mortgage dated [&c.] and made between [&c.], and to an Indenture of Further Charge dated [&c.] and made between [&c.] affecting [&c.] [*here state short particulars of mortgaged property*]. WITNESSETH that in consideration of the sums of $ and $ now paid by T. to M. being the respective amounts of the mortgage money and interest owing in respect of the said mortgage and further charge (the receipt of which sums M. hereby acknowledges), M., as mortgagee, hereby conveys and transfers to T. the benefit of the said mortgage and further charge. Section 115. Sch. 6 amended by No. 70/2013 s. 3(Sch. 1 item 42.4). Sixth Schedule—Form of receipt under seal on discharge of a mortgage I, A.B. of [&c.] hereby acknowledge that I have this day of 20 received the sum of $ representing the aggregate [*or* balance remaining owing in respect of the, *as the case may be*] principal money secured by the within [*or* above, *as the case may be*] written [*or* annexed, *as the case may be*] mortgage (and by an Indenture of Further Charge dated &c. *or otherwise as required*) together with all interest and costs, the payment having been made by C.D. of [&c.] and E.F. of [&c.]. NOTE—If the persons paying are not entitled to the equity of redemption state that they are paying the money out of a fund applicable to the discharge of the mortgage [*or otherwise as required*]. Section 117. Seventh Schedule—Statutory mortgage Sch. 7 Pt 1 amended by No. 70/2013 s. 3(Sch. 1 item 42.5). PART I THIS INDENTURE made by way of statutory mortgage the day of 20 , between A. of [&c.] of the one part and M. of [&c.] of the other part. WITNESSETH that in consideration of the sum of $ now paid to A. by M. of which sum A. hereby acknowledges the receipt A. as mortgagor and as beneficial owner hereby conveys to M. All that [&c.] To hold to and to the use of M. in fee-simple for securing payment on the day of 20 of the principal sum of $ as the mortgage money with interest thereon at the rate of [*four*] per centum per annum. *** *Variations in this and subsequent forms to be made, if required, for leasehold land or for giving effect to special arrangements.* PART II Section 118. Sch. 7 Pt 2(A) amended by No. 70/2013 s. 3(Sch. 1 item 42.5). (A) *Deed of Statutory Transfer, Mortgagor not joining* THIS INDENTURE made by way of statutory transfer of mortgage the day of 20 between M. of [&c.] of the one part and T. of [&c.] of the other part supplemental to an indenture made by way of statutory mortgage dated the day of 20 , and made between [&c.] WITNESSETH that in consideration of the sum of $ now paid to M. by T. being the aggregate amount of $ mortgage money and $ interest due in respect of the said mortgage of which sum M. hereby acknowledges the receipt M. as mortgagee hereby conveys and transfers to T. the benefit of the said mortgage. Section 120. Sch. 7 Pt 2(B) amended by Nos 71/1994 s. 4(e), 70/2013 s. 3(Sch. 1 item 42.5). (B) *Deed of Statutory Transfer, a Covenantor joining* THIS INDENTURE made by way of statutory transfer of mortgage the day of 20 , between A. of [&c.] of the first part B. of [&c.] of the second part and C. of [&c.] of the third part supplemental to an indenture made by way of statutory mortgage dated the day of 20 , and made between [&c.] WITNESSETH that in consideration of the sum of $ now paid to A. by C. being the mortgage money due in respect of the said mortgage no interest being now due and payable thereon of which sum A. hereby acknowledges the receipt A. as mortgagee with the concurrence of B. who joins herein as covenantor hereby conveys and transfers to C. the benefit of the said mortgage. Section 121. Sch. 7 Pt 2(C) amended by No. 70/2013 s. 3(Sch. 1 item 42.5). (C) *Statutory Transfer and Statutory Mortgage combined* THIS INDENTURE made by way of statutory transfer of mortgage and statutory mortgage the day of 20 , between A. of [&c.] of the first part B. of [&c.] of the second part and C. of [&c.] of the third part supplemental to an indenture made by way of statutory mortgage dated the day of 20 , and made between [&c.] WHEREAS the principal sum of $ only remains due in respect of the said mortgage as the mortgage money and no interest is now due and payable thereon AND WHEREAS B. is seised in fee-simple of the land comprised in the said mortgage subject to that mortgage. NOW THIS INDENTURE WITNESSETH that in consideration of the sum of $ now paid to A. by C. of which sum A. hereby acknowledges the receipt and B. hereby acknowledges the payment and receipt as aforesaid* A. as mortgagee hereby conveys and transfers to C. the benefit of the said mortgage. AND HIS INDENTURE ALSO WITNESSETH that for the same consideration A. as mortgagee and according to his estate and by direction of B. hereby conveys and B. as beneficial owner hereby conveys and confirms to C. All that [&c.] To hold to and to the use of C. in fee-simple for securing payment on the day of 20 , of† the sum of $ as the mortgage money with interest at the rate of [*four*] per cent. per annum. Or, *in case of further advance, after* "aforesaid" *at** *insert* and also in consideration of the further sum of $ now paid by C. to B. of which sum B. hereby acknowledges the receipt, *and after* "of" *at*† *insert* the sums of $ and $ making together. ****Variations to be made, as required, in case of the deed being made by indorsement, or in respect of any other thing.* Section 124. Sch. 7 Pt 3 amended by No. 70/2013 s. 3(Sch. 1 item 42.5). PART III *Deed of Statutory Re-conveyance of Mortgage* THIS INDENTURE made by way of statutory re-conveyance of mortgage the day of 20 between C. of [&c.] of the one part B. of [&c.] of the other part supplemental to an indenture made by way of statutory transfer of mortgage dated the day of 20 and made between [&c.] WITNESSETH that in consideration of all principal money and interest due under that indenture having been paid of which principal and interest C. hereby acknowledges the receipt C. as mortgagee hereby conveys to B. all the lands and hereditaments now vested in C. under the said indenture To hold to and to the use of B. in fee-simple discharged from all principal money and interest secured by and from all claims and demands under the said indenture. *** *Variations as noted above*. Section 206. Sch. 8 amended by No. 70/2013 s. 3(Sch. 1 item 42.6). Eighth Schedule—Short forms of deeds I—*Mortgage* THIS INDENTURE OF MORTGAGE made the day of 20 between A. of [&c.] of the one part and B. of [&c.] and C. of [&c.] of the other part. WITNESSETH that in consideration of the sum of $ paid to A. by B. and C. out of money belonging to them on a joint account of which sum A. hereby acknowledges the receipt A. hereby covenants with B. and C. to pay to them on the day of 20 the sum of $ with interest thereon in the meantime at the rate of [*four*] per centum per annum and also as long after that day as any principal money remains due under this mortgage to pay to B. and C. interest thereon at the same rate by equal half‑yearly payments on the day of and the day of AND THIS INDENTURE ALSO WITNESSETH that for the same consideration A. as beneficial owner hereby conveys to B. and C. All that [&c.] To hold to and to the use of B. and C. in fee-simple subject to the proviso for redemption following (namely) that if A. or any person claiming under him shall on the day of 20 pay to B. and C. the sum of $ and interest thereon at the rate aforesaid then B. and C. or the persons claiming under them will at the request and cost of A. or the persons claiming under him re-convey the premises to A. or the persons claiming under him. AND A. hereby covenants with B. as follows—[*here add covenant as to fire insurance or other special covenant required*]. II—*Further Charge* THIS INDENTURE made the day of 20 between [*the same parties as the foregoing mortgage*] and supplemental to an indenture of mortgage dated the day of 20 and made between the same parties for securing the sum of $ and interest at [*four*] *per centum per annum on property at* [&c.] WITNESSETH that in consideration of the further sum of $ paid to A. by B. and C. out of money belonging to them on a joint account [*add receipt and covenant as in the foregoing mortgage*] and further that allthe property comprised in the before-mentioned indenture of mortgage shall stand charged with the payment to B. and C. of the sum of $ andthe interest thereon hereinbefore covenanted to be paid as well as the sumof $ and interest secured by the same indenture. III—*Conveyance on Sale* THIS INDENTURE made the day of 20 between A. of [&c.] of the first part B. of [&c.] and C. of [&c.] of the second part and M. of [&c.] of the third part. WHEREAS by an indenture dated [&c.] and made between [&c.] the lands hereinafter mentioned were conveyed by A. to B. and C. in fee-simple by way of mortgage for securing $ and interest and by a supplemental indenture dated [&c.] and made between the same parties those lands were charged by A. with the payment to B. and C. of the further sum of $ and interest thereon. AND WHEREAS a principal sum of $ remains due under the two before-mentioned indentures but all interest thereon has been paid as B. and C. hereby acknowledge NOW THIS INDENTURE WITNESSETH that in consideration of the sum of $ paid by the direction of A. to B. and C. and of the sum of $ paid to A. those two sums making together the total sum of $ paid by M. for the purchase of the fee-simple of the lands hereinafter mentioned of which sum of $ B. and C. hereby acknowledge the receipt and of which total sum of $ A. hereby acknowledges the payment and receipt in manner before mentioned B. and C. as mortgagees and by the direction of A. as beneficial owner hereby convey and A. as beneficial owner hereby conveys and confirms to M. All that [&c.] To hold to and to the use of M. in fee-simple discharged from all money secured by and from all claims under the before-mentioned indentures [*Add, if required*, and A. hereby acknowledges the right of M. to production of the documents of title mentioned in the Schedule hereto and to delivery of copies thereof and hereby undertakes for the safe custody thereof]. [The Schedule above referred to. *To contain list of documents retained by A.*] Section 253. Sch. 9 amended by Nos 24/2008 s. 85(3), 70/2013 s. 3(Sch. 1 item 42.7). Ninth Schedule This is to certify that the within-named A.B. came this day before me the undersigned one of the judges of the Court [*or* before me the undersigned Associate Judge of the Supreme Court or associate judge of the County Court *or* before me the undersigned G.H. a commissioner specially appointed pursuant to the **Property Law Act 1958** for taking the acknowledgment of any deed by A.B. not being employed to prepare the within deed or being a party thereto] and acknowledge the within deed to be his [*or* her] act and deed and he [*or* she] was acquainted with and understood the nature and effect thereof. Dated the day of 20 . Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. The **Property Law Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Property Law Act 1958** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Contracts of Sale (Payments) Act 1958, No. 6433/1958** (as amended by No. 6489) | Assent Date: | 28.10.58 | | Commencement Date: | 2.2.59: Government Gazette 21.1.59 p. 116 | **Companies Act 1958, No. 6455/1958** | Assent Date: | 2.12.58 | | Commencement Date: | 1.4.59: Government Gazette 4.3.59 p. 496 | **Property Law (Amendment) Act 1959, No. 6491/1959** | Assent Date: | 7.4.59 | | Commencement Date: | 7.4.59 | **Property Law (Loans to Minors) Act 1961, No. 6814/1961** | Assent Date: | 12.12.61 | | Commencement Date: | 12.12.61 | **Companies Act 1961, No. 6839/1961** | Assent Date: | 19.12.61 | | Commencement Date: | 1.7.62: Government Gazette 21.2.62 p. 392 | **Statute Law Revision Act 1962, No. 6867/1962** | Assent Date: | 16.4.62 | | Commencement Date: | 16.4.62 | **Statute Law (Further Revision) Act 1962, No. 6961/1962** | Assent Date: | 18.12.62 | | Commencement Date: | 18.12.62: subject to s. 3 | **Transfer of Land (Restrictive Covenants) Act 1964, No. 7130/1964** | Assent Date: | 5.5.64 | | Commencement Date: | 5.5.64 | **Friendly Societies (Assignment of Contracts) Act 1964, No. 7231/1964** | Assent Date: | 22.12.64 | | Commencement Date: | 5.5.65: Government Gazette 5.5.65 p. 1551 | **Property Law (Loans to Minors) Act 1965, No. 7264/1965** | Assent Date: | 18.5.65 | | Commencement Date: | 18.5.65 | **Property Law (Loans to Minors) Act 1966, No. 7376/1966** | Assent Date: | 14.4.66 | | Commencement Date: | 14.4.66 | **Property Law (Amendment) Act 1968, No. 7716/1968** | Assent Date: | 14.11.68 | | Commencement Date: | 14.11.68 | **Perpetuities and Accumulations Act 1968, No. 7750/1968** | Assent Date: | 10.12.68 | | Commencement Date: | 10.12.68 | **Statute Law Revision Act 1971, No. 8181/1971** | Assent Date: | 23.11.71 | | Commencement Date: | 23.11.71 | **Statute Law Revision Act 1977, No. 9019/1977** | Assent Date: | 17.5.77 | | Commencement Date: | 17.5.77: subject to s. 2 | **Property Law (Deeds) Act 1977, No. 9043/1977** | Assent Date: | 22.11.77 | | Commencement Date: | 1.9.78: Government Gazette 26.7.78 p. 2429 | **Age of Majority Act 1977, No. 9075/1977** | Assent Date: | 6.12.77 | | Commencement Date: | 1.2.78: Government Gazette 11.1.78 p. 97 | **Imperial Law Re-enactment Act 1980, No. 9407/1980** | Assent Date: | 20.5.80 | | Commencement Date: | 2.7.80: Government Gazette 2.7.80 p. 2257 | **Statute Law Revision Act 1980, No. 9427/1980** | Assent Date: | 27.5.80 | | Commencement Date: | 27.5.80: subject to s. 6(2) | **Property Law (Delivery by Agent) Act 1981, No. 9630/1981** | Assent Date: | 8.12.81 | | Commencement Date: | 8.12.81 | **Penalty Interest Rates Act 1981, No. 9633/1981** | Assent Date: | 8.12.81 | | Commencement Date: | 1.4.82: Government Gazette 17.2.82 p. 456 | **Companies (Consequential Amendments) Act 1981, No. 9699/1981** | Assent Date: | 5.1.82 | | Commencement Date: | Ss 9, 14, 18 on same day as No. 9572—1.7.81: s. 2(2); s. 19 on 1.10.81: s. 2(3); s. 22 on 5.1.82: s. 2(4); rest of Act on same day as No. 9712—1.7.82: s. 2(1) | **Sale of Land (Amendment) Act 1982, No. 9858/1982** | Assent Date: | 5.1.83 | | Commencement Date: | 2.5.83: Government Gazette 8.4.83 p. 753 | **Penalty Interest Rates Act 1983, No. 9967/1983** | Assent Date: | 22.11.83 | | Commencement Date: | 1.7.83: s. 1(3) | **Statute Law Revision Act 1984, No. 10087/1984** | Assent Date: | 22.5.84 | | Commencement Date: | 22.5.84: subject to s. 3(2) | **Interpretation of Legislation Act 1984, No. 10096/1984** | Assent Date: | 22.5.84 | | Commencement Date: | 1.7.84: s. 2 | **Commercial Arbitration Act 1984, No. 10167/1984** | Assent Date: | 20.11.84 | | Commencement Date: | 1.4.85: Government Gazette 20.2.85 p. 372 | **Courts Amendment Act 1986, No. 16/1986** | Assent Date: | 22.4.86 | | Commencement Date: | Ss 1–11, 13–27. 29–34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701 | **Mental Health Act 1986, No. 59/1986** | Assent Date: | 3.6.86 | | Commencement Date: | Ss 1–3, 21, 23, Sch. 1 on 19.6.87: Government Gazette 17.6.87 p. 1538; rest of Act on 1.10.87: Government Gazette 30.9.87 p. 2585 | **Supreme Court Act 1986, No. 110/1986** | Assent Date: | 16.12.86 | | Commencement Date: | 1.1.87: s. 2 | **Friendly Societies Act 1986, No. 119/1986** | Assent Date: | 23.12.86 | | Commencement Date: | 1.9.87: Government Gazette 26.8.87 p. 2257 | **Transfer of Land (Conversion) Act 1986, No. 128/1986** | Assent Date: | 23.12.86 | | Commencement Date: | 1.3.88: Government Gazette 16.12.87 p. 3392 | **State Trust Corporation of Victoria Act 1987, No. 55/1987** | Assent Date: | 20.10.87 | | Commencement Date: | 2.11.87: Government Gazette 28.10.87 p. 2925 | **Property Law (Amendment) Act 1987, No. 91/1987** | Assent Date: | 1.12.87 | | Commencement Date: | 1.6.88: Government Gazette 1.6.88 p. 1487 | **Liquor Control Act 1987, No. 97/1987** | Assent Date: | 1.12.87 | | Commencement Date: | S. 181(11) on 3.5.88: Government Gazette 27.4.88<br> p. 1044 | **Libraries Act 1988, No. 80/1988** | Assent Date: | 20.12.88 | | Commencement Date: | 24.5.89: Government Gazette 24.5.89 p. 1222 | **Transfer of Land (Computer Register) Act 1989, No. 18/1989** | Assent Date: | 16.5.89 | | Commencement Date: | 3.2.92: Government Gazette 18.12.91 p. 3488 | **Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989** | Assent Date: | 14.6.89 | | Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 | **Water (Consequential Amendments) Act 1989, No. 81/1989** | Assent Date: | 5.12.89 | | Commencement Date: | 1.11.90: Government Gazette 15.8.90 p. 2473 | **Administration and Probate (Amendment) Act 1994, No. 10/1994** | Assent Date: | 3.5.94 | | Commencement Date: | Ss 1, 2 on 3.5.94: s. 2(1); ss 3, 4, 7–15 on 27.4.95: Government Gazette 27.4.95 p. 973; rest of Act on 1.7.95: s. 2(3) | **State Trustees (State Owned Company) Act 1994, No. 45/1994** | Assent Date: | 7.6.94 | | Commencement Date: | Pt 1 (ss 1–3), s. 27 on 7.6.94: s. 2(1); rest of Act on 1.7.94: Special Gazette (No. 36) 23.6.94 p. 1 | **Catchment and Land Protection Act 1994, No. 52/1994** | Assent Date: | 15.6.94 | | Commencement Date: | Ss 1, 2 on 15.6.94: s. 2(1); ss 3–5, Pt 2 (ss 6–19), Sch. 1 on 30.9.94: Government Gazette 29.9.94 p. 2306; rest of Act on 15.12.94: s. 2(3) | **Property Law (Amendment) Act 1994, No. 71/1994** | Assent Date: | 25.10.94 | | Commencement Date: | 25.10.94: s. 2 | **Legal Practice Act 1996, No. 35/1996** | Assent Date: | 6.11.96 | | Commencement Date: | S. 453(Sch. 1 items 68.1–68.4) on 1.1.97: s. 2(3) | **Friendly Societies (Victoria) Act 1996, No. 83/1996** | Assent Date: | 23.12.96 | | Commencement Date: | S. 40 on 1.10.97: Special Gazette (No. 122) 1.10.97 p.1 | **Co-operatives Act 1996, No. 84/1996** | Assent Date: | 23.12.96 | | Commencement Date: | S. 467(Sch. 6 item 11.1) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1 | **Property Law (Amendment) Act 1998, No. 23/1998** | Assent Date: | 5.5.98 | | Commencement Date: | Pt 1 (ss 1–3) on 5.5.98: s. 2(1); rest of Act on 29.6.98: Government Gazette 25.6.98 p. 1561 | **Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998** | Assent Date: | 26.5.98 | | Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) | **Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998** | Assent Date: | 2.6.98 | | Commencement Date: | S. 311(Sch. 1 item 78) on 1.7.98: Government Gazette 18.6.98 p. 1512 | **Transfer of Land (Single Register) Act 1998, No. 85/1998** | Assent Date: | 17.11.98 | | Commencement Date: | Ss 21–23 on 1.1.99: s. 2(3) | **Statute Law Revision Act 2000, No. 74/2000** | Assent Date: | 21.11.00 | | Commencement Date: | S. 3(Sch. 1 item 104) on 22.11.00: s. 2(1) | **Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001** | Assent Date: | 8.5.01 | | Commencement Date: | S. 3(Sch. item 59) on 1.6.01: s. 2(2) | **Statute Law Amendment (Relationships) Act 2001, No. 27/2001** (as amended by No. 72/2001) | Assent Date: | 12.6.01 | | Commencement Date: | S. 3(Sch. 1 items 9.2(a), 9.3) on 28.6.01: Government Gazette 28.6.01 p. 1428; s. 3(Sch. 1 items 9.1, 9.2(b)–(d), 9.4–9.6) on 8.11.01: Government Gazette 8.11.01 p. 2797 | **Corporations (Consequential Amendments) Act 2001, No. 44/2001** | Assent Date: | 27.6.01 | | Commencement Date: | S. 3(Sch. item 93) on 15.7.01: s. 2 | **Transfer of Land (Electronic Transactions) Act 2004, No. 23/2004** | Assent Date: | 18.5.04 | | Commencement Date: | S. 10 on 19.5.04: s. 2 | **Public Administration Act 2004, No. 108/2004** | Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 164) on 5.4.05: Government Gazette 31.3.05 p. 602 | **Legal Profession (Consequential Amendments) Act 2005, No. 18/2005** | Assent Date: | 24.5.05 | | Commencement Date: | S. 18(Sch. 1 item 87) on 12.12.05: Government Gazette 1.12.05 p. 2781 | **Property (Co-ownership) Act 2005, No. 71/2005** | Assent Date: | 25.10.05 | | Commencement Date: | Ss 3–5 on 1.2.06: Government Gazette 19.1.06 p. 70 | **Retail Leases (Amendment) Act 2005, No. 82/2005** | Assent Date: | 22.11.05 | | Commencement Date: | S. 51 on 23.11.05: s. 2(1) | **Land Tax Act 2005, No. 88/2005** | Assent Date: | 29.11.05 | | Commencement Date: | S. 117(Sch. 2 item 4) on 1.1.06: s.2 | **Charities (Amendment) Act 2006, No. 73/2006** | Assent Date: | 10.10.06 | | Commencement Date: | S. 8 on 10.10.06: s. 2 | **Conveyancers Act 2006, No. 75/2006** | Assent Date: | 10.10.06 | | Commencement Date: | S. 192(Sch. 2 item 4) on 1.7.08: s. 2(2) | **Relationships Act 2008, No. 12/2008** | Assent Date: | 15.4.08 | | Commencement Date: | S. 72 on 1.12.08: s. 2(2) | **Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008** | Assent Date: | 3.6.08 | | Commencement Date: | S. 85 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 | **Consumer Affairs Legislation Amendment Act 2010, No. 1/2010** | Assent Date: | 9.2.10 | | Commencement Date: | S. 41 on 1.8.10: Government Gazette 22.7.10 p. 1628 | **Statute Law Revision Act 2011, No. 29/2011** | Assent Date: | 21.6.11 | | Commencement Date: | S. 3(Sch. 1 item 74) on 22.6.11: s. 2(1) | Commercial Arbitration Act 2011, No. 50/2011 | Assent Date: | 18.10.11 | | Commencement Date: | S. 46(Sch. item 13) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 | Electronic Conveyancing (Adoption of National Law) Act 2013, No. 7/2013 | Assent Date: | 26.2.13 | | Commencement Date: | S. 14 on 14.3.13: Special Gazette (No. 86) 13.3.13 p. 1; s. 22 on 14.2.18: Special Gazette (No. 49) 13.2.18 p. 1 | Co-operatives National Law Application Act 2013, No. 9/2013 | Assent Date: | 13.3.13 | | Commencement Date: | S. 42(Sch. 2 item 15) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 | Statute Law Revision Act 2013, No. 70/2013 | Assent Date: | 19.11.13 | | Commencement Date: | S. 3(Sch. 1 item 42) on 1.12.13: s. 2(1) | Legal Profession Uniform Law Application Act 2014, No. 17/2014 | *Assent Date:* | 25.3.14 | | *Commencement Date:* | S. 160(Sch. 2 item 76) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Property Law Act 1958** | Mental Health Act 2014, No. 26/2014 | *Assent Date:* | 8.4.14 | | *Commencement Date:* | S. 455(Sch. item 23) on 1.7.14: s. 2(1) | | *Current State:* | This information relates only to the provision/s amending the **Property Law Act 1958** | Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016 | Assent Date: | 10.5.16 | | Commencement Date: | S. 36 on 1.6.16: Special Gazette (No. 162) 24.5.16 p. 1 | **Oaths and Affirmations Act 2018, No. 6/2018** | Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 99) on 1.3.19: s. 2(2) | **Guardianship and Administration Act 2019, No. 13/2019** | Assent Date: | 4.6.19 | | Commencement Date: | S. 221(Sch. 1 item 41) on 1.3.20: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Professional Standards Act 2003** | **Mental Health and Wellbeing Act 2022, No. 39/2022** | Assent Date: | 6.9.22 | | Commencement Date: | Ss 854, 855 on 1.9.23: s. 2(2) | **Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023** | Assent Date: | 5.9.23 | | Commencement Date: | S. 7(Sch. 1 item 20) on 6.9.23: s. 2 | **State Taxation Acts and Other Acts Amendment Act 2023, No. 38/2023** | Assent Date: | 12.12.23 | | Commencement Date: | S. 15 on 1.1.24: s. 2(2) | **Commercial and Industrial Property Tax Reform Act 2024, No. 16/2024** | Assent Date: | 21.5.24 | | Commencement Date: | S. 60 on 1.7.24: s. 2 | –––––––––––––––––––––––––––––––––––––––––––––––––––Metric Conversion (Property Law Act) Regulations 1974, S.R. No. 151/1974 | Date of Making: | 7.5.74 | | Date of Commencement: | 1.6.74: reg. 2 | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. S. 2(3): The **Property Law Act 1928** (*repealed*) came into operation on 18 December 1929. [↑](#endnote-ref-2) 2. Pt 1 (Heading): See section 3(2) of the **Transfer of Land Act 1958**. [↑](#endnote-ref-3) 3. S. 16: As to successory trusts, see section 19 of the **Religious and Successory Trusts Act 1958**. [↑](#endnote-ref-4) 4. S. 18(1) definition of ***bankruptcy***: These words have been held to extend to the liquidation of a company. [↑](#endnote-ref-5) 5. S. 18(1) definition of ***conveyance***: See section 45 of the **Trustee Act 1958**. [↑](#endnote-ref-6) 6. S. 18(1) definition of ***land***: See section 201. [↑](#endnote-ref-7) 7. S. 29: See section 37(2) of the **Trustee Act 1958**. [↑](#endnote-ref-8) 8. S. 32(1): See section 13(5)–(7) of the **Trustee Act 1958**. [↑](#endnote-ref-9) 9. S. 32(3): See sections 38 and 39 for instances of trusts for sale created by this Part of the Act. [↑](#endnote-ref-10) 10. S. 33(3): See note 9. [↑](#endnote-ref-11) 11. S. 35(1): See section 102 of the **Settled Land Act 1958**. [↑](#endnote-ref-12) 12. S. 35(1): See section 73 of the **Settled Land Act 1958**. [↑](#endnote-ref-13) 13. S. 35(2): See section 47 of the **Settled Land Act 1958**. [↑](#endnote-ref-14) 14. S. 35(5): See sections 38 and 39. [↑](#endnote-ref-15) 15. S. 36: Compare section 30 of the **Trustee Act 1958**. [↑](#endnote-ref-16) 16. S. 38(1): Compare sections 87 and 88. [↑](#endnote-ref-17) 17. S. 52(2)(a): See section 41 of the **Administration and Probate Act 1958**. [↑](#endnote-ref-18) 18. S. 52(2)(b): See section 133 of the Bankruptcy Act 1966 of the Commonwealth. [↑](#endnote-ref-19) 19. S. 60(6) (Proviso): See section 249. [↑](#endnote-ref-20) 20. S. 62: See section 197. [↑](#endnote-ref-21) 21. S. 69: See section 28 of the **Trustee Act 1958**. [↑](#endnote-ref-22) 22. S. 80(1): See sections 141 and 142. [↑](#endnote-ref-23) 23. S. 81(2): See note 22. [↑](#endnote-ref-24) 24. S. 84(6): See section 88 of the **Transfer of Land Act 1958**. [↑](#endnote-ref-25) 25. S. 98(1): As to the right of a mortgagor to sue in cases of mortgages under the **Transfer of Land Act 1958**, see section 81(3) of that Act. [↑](#endnote-ref-26) 26. S. 105: See section 50. [↑](#endnote-ref-27) 27. S. 115: Compare section 124 as to the conveyance by deed of re-conveyance. [↑](#endnote-ref-28) 28. S. 116: See section 20. [↑](#endnote-ref-29) 29. S. 124: Compare section 115 as to the effect of a receipt as a re-conveyance. [↑](#endnote-ref-30) 30. Pt 2 Div. 4: These provisions deal with the abolition of the Rule in Shelley's case, with certain restrictions on executory limitations, and with equitable waste. [↑](#endnote-ref-31) 31. S. 136: See also section 154. [↑](#endnote-ref-32) 32. S. 150(5): Distress for rent was abolished by section 18 of the **Landlord and Tenant (Amendment) Act 1948**, No. 5291. [↑](#endnote-ref-33) 33. S. 153(6)(a): See section 157 of the **Marriage Act 1958**. [↑](#endnote-ref-34) 34. S. 154: See also section 136. [↑](#endnote-ref-35) 35. S. 162 (*repealed*): The repeal of sections 162, 164, 165 and 166 does not affect instruments or dispositions to which the **Perpetuities and Accumulations Act 1968**, No. 7750 does not apply. [↑](#endnote-ref-36) 36. S. 164 (*repealed*): See note 35. [↑](#endnote-ref-37) 37. S. 165 (*repealed*): See note 35. [↑](#endnote-ref-38) 38. S. 166 (*repealed*): See note 35. [↑](#endnote-ref-39) 39. Pt 2 Div. 8: See also **Marriage Act 1958**. [↑](#endnote-ref-40) 40. S. 179(1): Compare section 52(6) of the **Trustee Act 1958**. [↑](#endnote-ref-41) 41. S. 183(1): For definition of ***purchaser*** see section 18. [↑](#endnote-ref-42) 42. S. 197: See also section 62. [↑](#endnote-ref-43) 43. S. 209: As to power of Governor in Council to make regulations prescribing fees, see section 13. [↑](#endnote-ref-44) 44. S. 210: See note 43. [↑](#endnote-ref-45) 45. S. 213: See note 43. [↑](#endnote-ref-46) 46. S. 214: See note 43. [↑](#endnote-ref-47) 47. S. 216: See note 43. [↑](#endnote-ref-48) 48. Pt 5 (Heading): This Part may still have to be resorted to in case of estates tail or when there is a limitation to a person under the designation of "heir" that is to an heir by purchase. See for example section 130. [↑](#endnote-ref-49) 49. Pt 6 (Heading): Estates tail have now almost disappeared in Victoria and no new estates tail can be created—see section 249. [↑](#endnote-ref-50) 50. S. 249: The **Transfer of Land Statute Amendment Act 1885**, No. 872 was passed on 18 December 1885, and came into operation on 1 January 1886. [↑](#endnote-ref-51) 51. S. 250: See note 50. [↑](#endnote-ref-52)