This Act declares Queensland Titles Registry Pty Ltd the operator of land and water titles functions, lets the operator collect and keep registry fees (not part of the consolidated fund), and enables transfer of State assets, liabilities and employees to the operator to support the State’s contribution to the Queensland Future Fund (s.3, s.7, s.11, s.19). Officials and the Minister retain powers to direct, appoint an administrator and make transfer notices; the Act sets fee‑setting, employee protections and limits on review that shape incentives, compliance burden and discretion (s.13–14, s.25–28, s.33–40).
This Act declares a private corporate operator, Queensland Titles Registry Pty Ltd ACN 648 568 101, to be the entity designated to perform titles registry functions and to collect and retain associated fees (s 7; s 8; s 11). It establishes the legal framework for delegating functions traditionally exercised by public officials under titles registry Acts to that operator, for transferring assets, liabilities, operations and employees from the State to the operator, and for the operator to collect, keep and account for fees for registry services (s 3(2), s 19, s 20, s 25). The Act treats fees collected as “titles registry amounts” that do not form part of the consolidated fund and are debts owing to the operator (s 11(1)-(2)). It sets the rules for fees: Schedule 1 lists matters for which fees are payable and states amounts for the financial year starting 1 July 2021 (s 12); from 1 July 2022 the operator decides scheduled fee amounts subject to CPI-indexing caps (s 13-14).
Mechanically, the Act:
Declares the operator (s 7) and prescribes its statutory functions (s 8);
Requires the operator’s constitution to include these functions (s 9);
Gives the operator the right to collect and keep titles registry amounts and treats those amounts as operator debts, not consolidated revenue (s 11);
Confers power on the Minister to decide the transfer arrangements, to make transfer notices published in the gazette that can transfer shares, assets, liabilities, instruments and proceedings to the operator and to specify successor-in-law status (s 19-20);
Provides for automatic transfer of listed eligible employees to the operator on commencement with preservation of employment conditions and a 12‑month right of return to the public service (s 24-28);
Current sections
Direct links to the current provisions in Queensland Future Fund (Titles Registry) Act 2021.
88
pt.1
Preliminary
Preliminary
pt.1-div.1
Introduction
Introduction
sec.1
Short title
sec.1 Short title
This Act may be cited as the Queensland Future Fund (Titles Registry) Act 2021 .
s 1 amd 2021 No. 12 s 143
sec.2
Commencement
sec.2 Commencement
Part 19 commences on 1 January 2022.
Any other provisions of this Act that are not in force on 1 July 2021 commence on a day to be fixed by proclamation.
s 2 sub 2021 No. 12 s 144
(sec.2-ssec.1) Part 19 commences on 1 January 2022.
(sec.2-ssec.2) Any other provisions of this Act that are not in force on 1 July 2021 commence on a day to be fixed by proclamation.
sec.3
Main purpose of this Act and how it is to be achieved
sec.3 Main purpose of this Act and how it is to be achieved
The main purpose of this Act is to support the State’s contribution to the Queensland Future (Debt Retirement) Fund established under the Queensland Future Fund Act 2020 .
The main purpose is to be primarily achieved by—
declaring an entity in which the State has a financial interest to be the entity to whom functions relating to the land registry or water allocations register may be delegated under an Act; and
providing for the transfer of assets, liabilities, rights, responsibilities, obligations, operations and employees to the entity; and
providing for the entity to collect and keep fees and other amounts relating to the land registry or water allocations register.
Other purposes of this Act are—
to ensure the entity mentioned in subsection (2) (a) properly performs the functions delegated to the entity under an Act; and
to ensure the accuracy, availability, integrity and security of each register in the land registry and the water allocations register are not compromised by the delegation of functions to the entity mentioned in subsection (2) (a) under an Act.
(sec.3-ssec.1) The main purpose of this Act is to support the State’s contribution to the Queensland Future (Debt Retirement) Fund established under the Queensland Future Fund Act 2020 .
(sec.3-ssec.2) The main purpose is to be primarily achieved by— declaring an entity in which the State has a financial interest to be the entity to whom functions relating to the land registry or water allocations register may be delegated under an Act; and providing for the transfer of assets, liabilities, rights, responsibilities, obligations, operations and employees to the entity; and providing for the entity to collect and keep fees and other amounts relating to the land registry or water allocations register.
(sec.3-ssec.3) Other purposes of this Act are— to ensure the entity mentioned in subsection (2) (a) properly performs the functions delegated to the entity under an Act; and to ensure the accuracy, availability, integrity and security of each register in the land registry and the water allocations register are not compromised by the delegation of functions to the entity mentioned in subsection (2) (a) under an Act.
(a) declaring an entity in which the State has a financial interest to be the entity to whom functions relating to the land registry or water allocations register may be delegated under an Act; and
(b) providing for the transfer of assets, liabilities, rights, responsibilities, obligations, operations and employees to the entity; and
(c) providing for the entity to collect and keep fees and other amounts relating to the land registry or water allocations register.
(a) to ensure the entity mentioned in subsection (2) (a) properly performs the functions delegated to the entity under an Act; and
(b) to ensure the accuracy, availability, integrity and security of each register in the land registry and the water allocations register are not compromised by the delegation of functions to the entity mentioned in subsection (2) (a) under an Act.
pt.1-div.2
Interpretation
Interpretation
sec.4
Definitions
sec.4 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
s 4 amd 2021 No. 12 s 145
sec.5
Meaning of titles registry function
sec.5 Meaning of titles registry function
A titles registry function is any of the following functions—
the functions of the registrar of titles under a titles registry Act that may be delegated to the operator under a titles registry Act;
the functions of the registrar of water allocations under the Water Act 2000 that may be delegated to the operator under that Act.
(a) the functions of the registrar of titles under a titles registry Act that may be delegated to the operator under a titles registry Act;
(b) the functions of the registrar of water allocations under the Water Act 2000 that may be delegated to the operator under that Act.
sec.6
References to functions
sec.6 References to functions
In this Act—
a reference to a function includes a power; and
a reference to performing a function includes exercising a power.
(a) a reference to a function includes a power; and
(b) a reference to performing a function includes exercising a power.
pt.2
Operator
Operator
sec.7
Declaration of operator
sec.7 Declaration of operator
Queensland Titles Registry Pty Ltd ACN 648 568 101 is declared to be the operator for this Act.
sec.8
Functions
sec.8 Functions
The operator has the following functions—
to perform titles registry functions delegated to the operator, or other functions given to the operator, under a titles registry Act;
to decide, collect and keep titles registry amounts;
to act as the agent for the State or an official under an arrangement under section 46 ;
to identify and pursue commercial arrangements that are not inconsistent with a function mentioned in paragraph (a) , (b) or (c) .
The operator may perform another function, or carry out an activity, only if the function or activity is not inconsistent with a function mentioned in subsection (1) .
(sec.8-ssec.1) The operator has the following functions— to perform titles registry functions delegated to the operator, or other functions given to the operator, under a titles registry Act; to decide, collect and keep titles registry amounts; to act as the agent for the State or an official under an arrangement under section 46 ; to identify and pursue commercial arrangements that are not inconsistent with a function mentioned in paragraph (a) , (b) or (c) .
(sec.8-ssec.2) The operator may perform another function, or carry out an activity, only if the function or activity is not inconsistent with a function mentioned in subsection (1) .
(a) to perform titles registry functions delegated to the operator, or other functions given to the operator, under a titles registry Act;
(b) to decide, collect and keep titles registry amounts;
(c) to act as the agent for the State or an official under an arrangement under section 46 ;
(d) to identify and pursue commercial arrangements that are not inconsistent with a function mentioned in paragraph (a) , (b) or (c) .
sec.9
Operator’s constitution
sec.9 Operator’s constitution
The operator’s constitution under the Corporations Act must include the functions of the operator mentioned in section 8 (1) .
The operator must ensure its constitution under the Corporations Act is not inconsistent with a function of the operator mentioned in section 8 (1) .
(sec.9-ssec.1) The operator’s constitution under the Corporations Act must include the functions of the operator mentioned in section 8 (1) .
(sec.9-ssec.2) The operator must ensure its constitution under the Corporations Act is not inconsistent with a function of the operator mentioned in section 8 (1) .
sec.10
Register of subdelegations by operator
sec.10 Register of subdelegations by operator
The operator must keep a register of subdelegations by the operator of a titles registry function delegated to the operator under a titles registry Act.
The register of subdelegations must include the following information for each subdelegation—
the name of the person, or the title of the office of the person, to whom the titles registry function is subdelegated;
a description of the titles registry function subdelegated and any conditions to which the subdelegation is subject.
The operator may—
include any other information in the register of subdelegations the operator considers appropriate; and
keep the register in the form the operator considers appropriate.
The operator must make the register of subdelegations available for inspection on request by an official.
(sec.10-ssec.1) The operator must keep a register of subdelegations by the operator of a titles registry function delegated to the operator under a titles registry Act.
(sec.10-ssec.2) The register of subdelegations must include the following information for each subdelegation— the name of the person, or the title of the office of the person, to whom the titles registry function is subdelegated; a description of the titles registry function subdelegated and any conditions to which the subdelegation is subject.
(sec.10-ssec.3) The operator may— include any other information in the register of subdelegations the operator considers appropriate; and keep the register in the form the operator considers appropriate.
(sec.10-ssec.4) The operator must make the register of subdelegations available for inspection on request by an official.
(a) the name of the person, or the title of the office of the person, to whom the titles registry function is subdelegated;
(b) a description of the titles registry function subdelegated and any conditions to which the subdelegation is subject.
(a) include any other information in the register of subdelegations the operator considers appropriate; and
(b) keep the register in the form the operator considers appropriate.
pt.3
Titles registry amounts
Titles registry amounts
pt.3-div.1
Entitlement to collect and keep
Entitlement to collect and keep
sec.11
Amounts operator may collect and keep
sec.11 Amounts operator may collect and keep
The operator is entitled to collect and keep the following amounts (each a titles registry amount )—
titles registry fees;
fees and charges applying under an agreement under—
the Land Act 1994 , section 285A ; or
the Land Title Act 1994 , section 198A .
A titles registry amount—
does not form part of the consolidated fund; and
is a debt owing to the operator.
(sec.11-ssec.1) The operator is entitled to collect and keep the following amounts (each a titles registry amount )— titles registry fees; fees and charges applying under an agreement under— the Land Act 1994 , section 285A ; or the Land Title Act 1994 , section 198A .
(sec.11-ssec.2) A titles registry amount— does not form part of the consolidated fund; and is a debt owing to the operator.
(a) titles registry fees;
(b) fees and charges applying under an agreement under— (i) the Land Act 1994 , section 285A ; or (ii) the Land Title Act 1994 , section 198A .
(i) the Land Act 1994 , section 285A ; or
(ii) the Land Title Act 1994 , section 198A .
(i) the Land Act 1994 , section 285A ; or
(ii) the Land Title Act 1994 , section 198A .
(a) does not form part of the consolidated fund; and
(b) is a debt owing to the operator.
pt.3-div.2
Titles registry fees
Titles registry fees
sec.12
Titles registry fees
sec.12 Titles registry fees
This section applies in relation to a titles registry function performed under a titles registry Act.
The matters for which a fee is payable under the titles registry Act in relation to the titles registry function are provided for under schedule 1 .
The amount of a fee for a matter mentioned in schedule 1 for a financial year (the relevant financial year ) is—
for the financial year starting on 1 July 2021—the amount stated in schedule 1 for the matter; or
for the financial year starting on 1 July 2022 or later—the amount decided under section 13 for the relevant financial year.
A fee for a matter mentioned in schedule 1 and applying under subsection (3) is a titles registry fee .
This section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.
This section does not affect the operation of any provision of a titles registry Act that provides—
that no titles registry fee, or a reduced titles registry fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or
that the whole or a part of a titles registry fee may be waived for a stated entity, a stated matter or in stated circumstances.
(sec.12-ssec.1) This section applies in relation to a titles registry function performed under a titles registry Act.
(sec.12-ssec.2) The matters for which a fee is payable under the titles registry Act in relation to the titles registry function are provided for under schedule 1 .
(sec.12-ssec.3) The amount of a fee for a matter mentioned in schedule 1 for a financial year (the relevant financial year ) is— for the financial year starting on 1 July 2021—the amount stated in schedule 1 for the matter; or for the financial year starting on 1 July 2022 or later—the amount decided under section 13 for the relevant financial year.
(sec.12-ssec.4) A fee for a matter mentioned in schedule 1 and applying under subsection (3) is a titles registry fee .
(sec.12-ssec.5) This section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.
(sec.12-ssec.6) This section does not affect the operation of any provision of a titles registry Act that provides— that no titles registry fee, or a reduced titles registry fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or that the whole or a part of a titles registry fee may be waived for a stated entity, a stated matter or in stated circumstances.
(a) for the financial year starting on 1 July 2021—the amount stated in schedule 1 for the matter; or
(b) for the financial year starting on 1 July 2022 or later—the amount decided under section 13 for the relevant financial year.
(a) that no titles registry fee, or a reduced titles registry fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or
(b) that the whole or a part of a titles registry fee may be waived for a stated entity, a stated matter or in stated circumstances.
sec.13
Deciding amount of titles registry fees
sec.13 Deciding amount of titles registry fees
The operator must decide the amount of the fee for a matter mentioned in schedule 1 for a financial year, starting with the financial year starting on 1 July 2022.
The amount of a fee decided under subsection (1) for a matter for a financial year (the relevant financial year ) must not be more than—
for the relevant financial year starting on 1 July 2022—the amount of the fee for the matter stated in schedule 1 , CPI indexed for the relevant financial year; or
for a relevant financial year starting on 1 July 2023 or later—the amount of the fee for the matter for the previous financial year, CPI indexed for the relevant financial year.
In this section—
CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.
CPI indexed , for a financial year (the relevant financial year ), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—
the March quarter for the financial year before the previous financial year to the relevant financial year;
the March quarter for the previous financial year to the relevant financial year.
(sec.13-ssec.1) The operator must decide the amount of the fee for a matter mentioned in schedule 1 for a financial year, starting with the financial year starting on 1 July 2022.
(sec.13-ssec.2) The amount of a fee decided under subsection (1) for a matter for a financial year (the relevant financial year ) must not be more than— for the relevant financial year starting on 1 July 2022—the amount of the fee for the matter stated in schedule 1 , CPI indexed for the relevant financial year; or for a relevant financial year starting on 1 July 2023 or later—the amount of the fee for the matter for the previous financial year, CPI indexed for the relevant financial year.
(sec.13-ssec.3) In this section— CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics. CPI indexed , for a financial year (the relevant financial year ), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters— the March quarter for the financial year before the previous financial year to the relevant financial year; the March quarter for the previous financial year to the relevant financial year.
(a) for the relevant financial year starting on 1 July 2022—the amount of the fee for the matter stated in schedule 1 , CPI indexed for the relevant financial year; or
(b) for a relevant financial year starting on 1 July 2023 or later—the amount of the fee for the matter for the previous financial year, CPI indexed for the relevant financial year.
(a) the March quarter for the financial year before the previous financial year to the relevant financial year;
(b) the March quarter for the previous financial year to the relevant financial year.
sec.14
Notice of amount of titles registry fees
sec.14 Notice of amount of titles registry fees
The operator must, at least 30 business days before the start of each financial year, starting with the financial year starting on 1 July 2022—
give each official written notice of the amount of each titles registry fee for the financial year; and
publish the amounts of each titles registry fee for the financial year on the operator’s website.
The operator may publish the amounts of each titles registry fee in another way the operator considers appropriate.
(sec.14-ssec.1) The operator must, at least 30 business days before the start of each financial year, starting with the financial year starting on 1 July 2022— give each official written notice of the amount of each titles registry fee for the financial year; and publish the amounts of each titles registry fee for the financial year on the operator’s website.
(sec.14-ssec.2) The operator may publish the amounts of each titles registry fee in another way the operator considers appropriate.
(a) give each official written notice of the amount of each titles registry fee for the financial year; and
(b) publish the amounts of each titles registry fee for the financial year on the operator’s website.
pt.3-div.3
Revocation of delegations
Revocation of delegations
sec.15
Application of division
sec.15 Application of division
This division applies if—
all delegations of titles registry functions by each official to the operator are revoked; and
the Minister administering the Land Title Act 1994 declares, by gazette notice, that all delegations of titles registry functions by each official to the operator have been revoked and this division applies.
The day on which the gazette notice mentioned in subsection (1) is published is the revocation day .
(sec.15-ssec.1) This division applies if— all delegations of titles registry functions by each official to the operator are revoked; and the Minister administering the Land Title Act 1994 declares, by gazette notice, that all delegations of titles registry functions by each official to the operator have been revoked and this division applies.
(sec.15-ssec.2) The day on which the gazette notice mentioned in subsection (1) is published is the revocation day .
(a) all delegations of titles registry functions by each official to the operator are revoked; and
(b) the Minister administering the Land Title Act 1994 declares, by gazette notice, that all delegations of titles registry functions by each official to the operator have been revoked and this division applies.
sec.16
Particular provisions of this Act no longer apply
sec.16 Particular provisions of this Act no longer apply
At the end of the revocation day, section 8 (1) (b) and divisions 1 and 2 stop applying.
sec.17
Effect of revocation on titles registry fees
sec.17 Effect of revocation on titles registry fees
The matters for which a fee is payable under a titles registry Act in relation to a titles registry function performed after the revocation day are the matters provided for under schedule 1 .
The amount of a fee for a matter mentioned in schedule 1 for a financial year is—
the amount prescribed by regulation; or
if no amount is prescribed—the amount applying under section 12 (3) for the matter at the start of the revocation day.
Fees payable in relation to a titles registry function performed after the revocation day are to be paid to the State.
This section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.
This section does not affect the operation of any provision of a titles registry Act that provides—
that no fee, or a reduced fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or
that the whole or a part of a fee may be waived for a stated entity, a stated matter or in stated circumstances.
(sec.17-ssec.1) The matters for which a fee is payable under a titles registry Act in relation to a titles registry function performed after the revocation day are the matters provided for under schedule 1 .
(sec.17-ssec.2) The amount of a fee for a matter mentioned in schedule 1 for a financial year is— the amount prescribed by regulation; or if no amount is prescribed—the amount applying under section 12 (3) for the matter at the start of the revocation day.
(sec.17-ssec.3) Fees payable in relation to a titles registry function performed after the revocation day are to be paid to the State.
(sec.17-ssec.4) This section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.
(sec.17-ssec.5) This section does not affect the operation of any provision of a titles registry Act that provides— that no fee, or a reduced fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or that the whole or a part of a fee may be waived for a stated entity, a stated matter or in stated circumstances.
(a) the amount prescribed by regulation; or
(b) if no amount is prescribed—the amount applying under section 12 (3) for the matter at the start of the revocation day.
(a) that no fee, or a reduced fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or
(b) that the whole or a part of a fee may be waived for a stated entity, a stated matter or in stated circumstances.
sec.18
Effect of revocation on other amounts
sec.18 Effect of revocation on other amounts
This section applies in relation to fees and charges applying under an agreement under—
the Land Act 1994 , section 285A ; or
the Land Title Act 1994 , section 198A .
After the revocation day, the fees and charges are to be paid to the State.
(sec.18-ssec.1) This section applies in relation to fees and charges applying under an agreement under— the Land Act 1994 , section 285A ; or the Land Title Act 1994 , section 198A .
(sec.18-ssec.2) After the revocation day, the fees and charges are to be paid to the State.
(a) the Land Act 1994 , section 285A ; or
(b) the Land Title Act 1994 , section 198A .
pt.4
Transfer of assets and liabilities and other matters
Transfer of assets and liabilities and other matters
sec.19
Minister may decide arrangements
sec.19 Minister may decide arrangements
The Minister may decide the arrangements that are to apply to the State and the operator to help achieve the main purpose of this Act through the performance of the operator’s functions mentioned in section 8 (1) .
For subsection (1) , the Minister may decide—
the most appropriate way for the State to hold an interest in the operator, including, for example, by deciding whether shares in the operator are to be transferred to another entity with or without consideration; and
the assets, liabilities, rights, responsibilities, obligations and operations of the State or an official that are to be transferred to the operator; and
anything else necessary or incidental to facilitate the operation of the operator in a way that achieves the main purpose of this Act.
(sec.19-ssec.1) The Minister may decide the arrangements that are to apply to the State and the operator to help achieve the main purpose of this Act through the performance of the operator’s functions mentioned in section 8 (1) .
(sec.19-ssec.2) For subsection (1) , the Minister may decide— the most appropriate way for the State to hold an interest in the operator, including, for example, by deciding whether shares in the operator are to be transferred to another entity with or without consideration; and the assets, liabilities, rights, responsibilities, obligations and operations of the State or an official that are to be transferred to the operator; and anything else necessary or incidental to facilitate the operation of the operator in a way that achieves the main purpose of this Act.
(a) the most appropriate way for the State to hold an interest in the operator, including, for example, by deciding whether shares in the operator are to be transferred to another entity with or without consideration; and
(b) the assets, liabilities, rights, responsibilities, obligations and operations of the State or an official that are to be transferred to the operator; and
(c) anything else necessary or incidental to facilitate the operation of the operator in a way that achieves the main purpose of this Act.
sec.20
Transfer notice
sec.20 Transfer notice
For the purpose of an arrangement under section 19 , the Minister may, by gazette notice (a transfer notice ), do any of the following—
transfer shares in the operator to a stated entity;
transfer an asset or liability of the State to the operator;
make provision about the consideration for shares or an asset or liability transferred under paragraph (a) or (b) ;
provide whether and, if so, the extent to which the operator is the successor in law of the State;
make provision for a legal proceeding that is being, or may be, taken by or against the State or an official to be continued or taken by or against the operator;
make provision for or about the issue, transfer or application of an instrument to the operator, including—
whether the operator holds, or is a party to, an instrument; and
whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and
whether a reference to an entity in an instrument is a reference to the operator; and
whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and
whether a right or entitlement under an instrument is held by the operator;
make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for the purposes of the arrangement.
A transfer notice may include conditions applying to something done or to be done under the notice.
If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—
signed by the Minister; and
kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice.
A transfer notice has effect despite any other law or instrument.
A transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice.
If a transfer notice makes provision for a matter under subsection (1) (f) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—
updating a register or other record; and
amending, cancelling or issuing an instrument.
In this section—
instrument includes—
an accreditation, allocation, approval, entitlement, exemption, licence, permit or other authority under an Act; and
an application, certificate, manual, notice, plan or other document made, issued or given under an Act; and
an agreement, including an oral agreement.
responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.
(sec.20-ssec.1) For the purpose of an arrangement under section 19 , the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer shares in the operator to a stated entity; transfer an asset or liability of the State to the operator; make provision about the consideration for shares or an asset or liability transferred under paragraph (a) or (b) ; provide whether and, if so, the extent to which the operator is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State or an official to be continued or taken by or against the operator; make provision for or about the issue, transfer or application of an instrument to the operator, including— whether the operator holds, or is a party to, an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and whether a reference to an entity in an instrument is a reference to the operator; and whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and whether a right or entitlement under an instrument is held by the operator; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for the purposes of the arrangement.
(sec.20-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice.
(sec.20-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
(sec.20-ssec.4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice.
(sec.20-ssec.5) A transfer notice has effect despite any other law or instrument.
(sec.20-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice.
(sec.20-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (f) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument.
(sec.20-ssec.8) In this section— instrument includes— an accreditation, allocation, approval, entitlement, exemption, licence, permit or other authority under an Act; and an application, certificate, manual, notice, plan or other document made, issued or given under an Act; and an agreement, including an oral agreement. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.
(a) transfer shares in the operator to a stated entity;
(b) transfer an asset or liability of the State to the operator;
(c) make provision about the consideration for shares or an asset or liability transferred under paragraph (a) or (b) ;
(d) provide whether and, if so, the extent to which the operator is the successor in law of the State;
(e) make provision for a legal proceeding that is being, or may be, taken by or against the State or an official to be continued or taken by or against the operator;
(f) make provision for or about the issue, transfer or application of an instrument to the operator, including— (i) whether the operator holds, or is a party to, an instrument; and (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and (iii) whether a reference to an entity in an instrument is a reference to the operator; and (iv) whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and (v) whether a right or entitlement under an instrument is held by the operator;
(i) whether the operator holds, or is a party to, an instrument; and
(ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and
(iii) whether a reference to an entity in an instrument is a reference to the operator; and
(iv) whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and
(v) whether a right or entitlement under an instrument is held by the operator;
(g) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for the purposes of the arrangement.
(i) whether the operator holds, or is a party to, an instrument; and
(ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and
(iii) whether a reference to an entity in an instrument is a reference to the operator; and
(iv) whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and
(v) whether a right or entitlement under an instrument is held by the operator;
(a) signed by the Minister; and
(b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
(a) updating a register or other record; and
(b) amending, cancelling or issuing an instrument.
(a) an accreditation, allocation, approval, entitlement, exemption, licence, permit or other authority under an Act; and
(b) an application, certificate, manual, notice, plan or other document made, issued or given under an Act; and
(c) an agreement, including an oral agreement.
sec.21
Time within which Minister may act
sec.21 Time within which Minister may act
The Minister may not perform a function under this part on or after 1 July 2022.
sec.22
Effect on legal relationships
sec.22 Effect on legal relationships
Nothing done under this part—
makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or
makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or
except as expressly provided under a transfer notice, is taken to fulfil a condition that—
terminates, or allows a person to terminate, an instrument or obligation; or
modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or
requires any money to be paid before its stated maturity; or
releases a surety or other obligee, wholly or partly, from an obligation.
If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.
If, apart from this subsection, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.
In this section—
instrument includes an agreement, including an oral agreement.
relevant entity means—
the State or an officer, employee or agent of the State; or
the operator or an officer, employee or agent of the operator.
(sec.22-ssec.1) Nothing done under this part— makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or except as expressly provided under a transfer notice, is taken to fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; or releases a surety or other obligee, wholly or partly, from an obligation.
(sec.22-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.
(sec.22-ssec.3) If, apart from this subsection, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.
(sec.22-ssec.4) In this section— instrument includes an agreement, including an oral agreement. relevant entity means— the State or an officer, employee or agent of the State; or the operator or an officer, employee or agent of the operator.
(a) makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or
(b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or
(c) except as expressly provided under a transfer notice, is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; or
(i) terminates, or allows a person to terminate, an instrument or obligation; or
(ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
(iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or
(iv) requires any money to be paid before its stated maturity; or
(d) releases a surety or other obligee, wholly or partly, from an obligation.
(i) terminates, or allows a person to terminate, an instrument or obligation; or
(ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
(iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or
(iv) requires any money to be paid before its stated maturity; or
(a) the State or an officer, employee or agent of the State; or
(b) the operator or an officer, employee or agent of the operator.
sec.23
Non-liability for duty
sec.23 Non-liability for duty
No duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice.
pt.5
Transfer of employees
Transfer of employees
sec.24
Definition for part
sec.24 Definition for part
In this part—
eligible employee means a person—
who, immediately before the commencement, was a public service employee of the department (land titles); and
whose name is stated in a list of employees who are eligible employees for this part—
signed by the chief executive of the department (land titles); and
available at the head office of the department (land titles) for inspection by employees stated in the list.
(a) who, immediately before the commencement, was a public service employee of the department (land titles); and
(b) whose name is stated in a list of employees who are eligible employees for this part— (i) signed by the chief executive of the department (land titles); and (ii) available at the head office of the department (land titles) for inspection by employees stated in the list.
(i) signed by the chief executive of the department (land titles); and
(ii) available at the head office of the department (land titles) for inspection by employees stated in the list.
(i) signed by the chief executive of the department (land titles); and
(ii) available at the head office of the department (land titles) for inspection by employees stated in the list.
sec.25
Transfer of eligible employees to operator
sec.25 Transfer of eligible employees to operator
On the commencement—
an eligible employee becomes an employee of the operator; and
the eligible employee stops being employed as a public service employee; and
the records of the land registry, to the extent they relate to the employment of the eligible employee, become records of the operator.
(a) an eligible employee becomes an employee of the operator; and
(b) the eligible employee stops being employed as a public service employee; and
(c) the records of the land registry, to the extent they relate to the employment of the eligible employee, become records of the operator.
sec.26
Preserved employment conditions and rights
sec.26 Preserved employment conditions and rights
The transfer of an eligible employee does not—
materially affect the employee’s benefits, entitlements or remuneration; or
prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
interrupt the employee’s continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or
constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or
entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or
require the State to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave regardless of any arrangement between the State and the employee.
(a) materially affect the employee’s benefits, entitlements or remuneration; or
(b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
(c) interrupt the employee’s continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or
(d) constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or
(e) entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or
(f) require the State to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave regardless of any arrangement between the State and the employee.
sec.27
Right to return to public service
sec.27 Right to return to public service
An eligible employee may, within 12 months after the commencement, elect to return to being a public service employee by giving written notice to the chief executive officer of the operator.
sec.28
Conditions on return to public service
sec.28 Conditions on return to public service
This section applies to an eligible employee who, under section 27 , elects to return to being a public service employee.
On the eligible employee’s return to the public service—
the employee is taken not to have stopped being a public service employee when the employee was transferred under section 25 ; and
the employee’s service as a public service employee is taken to have continued while the employee was employed by the operator; and
the employee’s terms of employment are the same terms of employment that applied to the employee before the employee’s transfer under section 25 , subject to any changes in relevant laws or industrial instruments applying to the employee’s employment.
Subsection (2) does not allow the eligible employee to claim the benefit of a right or entitlement more than once in relation to the same period of service.
(sec.28-ssec.1) This section applies to an eligible employee who, under section 27 , elects to return to being a public service employee.
(sec.28-ssec.2) On the eligible employee’s return to the public service— the employee is taken not to have stopped being a public service employee when the employee was transferred under section 25 ; and the employee’s service as a public service employee is taken to have continued while the employee was employed by the operator; and the employee’s terms of employment are the same terms of employment that applied to the employee before the employee’s transfer under section 25 , subject to any changes in relevant laws or industrial instruments applying to the employee’s employment.
(sec.28-ssec.3) Subsection (2) does not allow the eligible employee to claim the benefit of a right or entitlement more than once in relation to the same period of service.
(a) the employee is taken not to have stopped being a public service employee when the employee was transferred under section 25 ; and
(b) the employee’s service as a public service employee is taken to have continued while the employee was employed by the operator; and
(c) the employee’s terms of employment are the same terms of employment that applied to the employee before the employee’s transfer under section 25 , subject to any changes in relevant laws or industrial instruments applying to the employee’s employment.
pt.6
Performance of titles registry functions
Performance of titles registry functions
pt.6-div.1
Preliminary
Preliminary
sec.29
Application of part
sec.29 Application of part
This part applies if an official has delegated a titles registry function of the official to the operator under a titles registry Act.
sec.30
Use of official’s title
sec.30 Use of official’s title
For performing the titles registry function, the operator, or a person to whom the operator has subdelegated the titles registry function under the titles registry Act, may act under the title of the official.
Subsection (1) does not prevent the operator, or a person to whom the operator has subdelegated the titles registry function under the titles registry Act, from acting under the name of the operator.
(sec.30-ssec.1) For performing the titles registry function, the operator, or a person to whom the operator has subdelegated the titles registry function under the titles registry Act, may act under the title of the official.
(sec.30-ssec.2) Subsection (1) does not prevent the operator, or a person to whom the operator has subdelegated the titles registry function under the titles registry Act, from acting under the name of the operator.
pt.6-div.2
Roles
Roles
sec.31
Role of official
sec.31 Role of official
The official is to monitor and review the performance of the titles registry function by the operator in the way and to the extent the official considers appropriate.
sec.32
Role of operator
sec.32 Role of operator
The operator is responsible for ensuring that the titles registry function is properly performed by the person to whom the titles registry function has been subdelegated under the titles registry Act.
pt.6-div.3
Directions
Directions
sec.33
Power to give directions
sec.33 Power to give directions
The official may give the operator a direction about the performance of the titles registry function.
The official may act under subsection (1) only if the official is satisfied it is necessary to give the direction—
to ensure the proper performance of titles registry functions delegated to the operator; or
to ensure the official is able to properly perform the official’s titles registry functions; or
to ensure the accuracy, availability, integrity or security of a titles register.
The direction must be in writing but may be given orally if the official considers immediate action needs to be taken for a matter mentioned in subsection (2) .
If the direction is given orally, the official must confirm the direction by also giving the direction in writing as soon as practicable after giving the direction orally.
An arrangement entered into between the State and the operator may deal with the consequences of noncompliance with a direction given to the operator under this section.
(sec.33-ssec.1) The official may give the operator a direction about the performance of the titles registry function.
(sec.33-ssec.2) The official may act under subsection (1) only if the official is satisfied it is necessary to give the direction— to ensure the proper performance of titles registry functions delegated to the operator; or to ensure the official is able to properly perform the official’s titles registry functions; or to ensure the accuracy, availability, integrity or security of a titles register.
(sec.33-ssec.3) The direction must be in writing but may be given orally if the official considers immediate action needs to be taken for a matter mentioned in subsection (2) .
(sec.33-ssec.4) If the direction is given orally, the official must confirm the direction by also giving the direction in writing as soon as practicable after giving the direction orally.
(sec.33-ssec.5) An arrangement entered into between the State and the operator may deal with the consequences of noncompliance with a direction given to the operator under this section.
(a) to ensure the proper performance of titles registry functions delegated to the operator; or
(b) to ensure the official is able to properly perform the official’s titles registry functions; or
(c) to ensure the accuracy, availability, integrity or security of a titles register.
pt.6-div.4
Administration
Administration
sec.34
Appointment of administrator
sec.34 Appointment of administrator
The Minister administering the Land Title Act 1994 may appoint an administrator to act in place of the operator for performing the operator’s functions under section 8 (1) for a period.
The Minister may act under subsection (1) only if the Minister is satisfied the appointment is necessary—
to ensure the proper performance of titles registry functions delegated to the operator; or
to ensure an official is able to properly perform titles registry functions not mentioned in paragraph (a) ; or
to ensure the accuracy, availability, integrity or security of a titles register.
As soon as practicable after appointing the administrator, the Minister must publish, by gazette notice, the name of the administrator and the period for which the administrator is appointed.
The Minister must not delegate the Minister’s function of appointing an administrator under this section.
The Minister may act under this section—
whether or not a direction has been given under section 33 ; and
whether or not a direction given under section 33 has been complied with.
(sec.34-ssec.1) The Minister administering the Land Title Act 1994 may appoint an administrator to act in place of the operator for performing the operator’s functions under section 8 (1) for a period.
(sec.34-ssec.2) The Minister may act under subsection (1) only if the Minister is satisfied the appointment is necessary— to ensure the proper performance of titles registry functions delegated to the operator; or to ensure an official is able to properly perform titles registry functions not mentioned in paragraph (a) ; or to ensure the accuracy, availability, integrity or security of a titles register.
(sec.34-ssec.3) As soon as practicable after appointing the administrator, the Minister must publish, by gazette notice, the name of the administrator and the period for which the administrator is appointed.
(sec.34-ssec.4) The Minister must not delegate the Minister’s function of appointing an administrator under this section.
(sec.34-ssec.5) The Minister may act under this section— whether or not a direction has been given under section 33 ; and whether or not a direction given under section 33 has been complied with.
(a) to ensure the proper performance of titles registry functions delegated to the operator; or
(b) to ensure an official is able to properly perform titles registry functions not mentioned in paragraph (a) ; or
(c) to ensure the accuracy, availability, integrity or security of a titles register.
(a) whether or not a direction has been given under section 33 ; and
(b) whether or not a direction given under section 33 has been complied with.
sec.35
Functions of administrator
sec.35 Functions of administrator
This section applies if an administrator is appointed under section 34 to act in place of the operator for performing the operator’s functions under section 8 (1) (the relevant functions ) for a period.
The administrator has all the responsibilities, obligations and functions of the operator to the extent they relate to performing the relevant functions during the period.
Despite section 30 , the administrator must perform the relevant functions under the name of ‘administrator of (name of operator)’.
This Act and each relevant titles registry Act apply in relation to the administrator as if the administrator were the operator.
For subsection (4) , each delegation of a titles registry function under a titles registry Act applies to the administrator in place of the operator.
However, despite a titles registry Act, the administrator—
may revoke a subdelegation of the titles registry function; and
may, but is not required to, subdelegate the titles registry function to another appropriately qualified employee of the operator.
(sec.35-ssec.1) This section applies if an administrator is appointed under section 34 to act in place of the operator for performing the operator’s functions under section 8 (1) (the relevant functions ) for a period.
(sec.35-ssec.2) The administrator has all the responsibilities, obligations and functions of the operator to the extent they relate to performing the relevant functions during the period.
(sec.35-ssec.3) Despite section 30 , the administrator must perform the relevant functions under the name of ‘administrator of (name of operator)’.
(sec.35-ssec.4) This Act and each relevant titles registry Act apply in relation to the administrator as if the administrator were the operator.
(sec.35-ssec.5) For subsection (4) , each delegation of a titles registry function under a titles registry Act applies to the administrator in place of the operator.
(sec.35-ssec.6) However, despite a titles registry Act, the administrator— may revoke a subdelegation of the titles registry function; and may, but is not required to, subdelegate the titles registry function to another appropriately qualified employee of the operator.
(a) may revoke a subdelegation of the titles registry function; and
(b) may, but is not required to, subdelegate the titles registry function to another appropriately qualified employee of the operator.
sec.36
Operator to help administrator
sec.36 Operator to help administrator
If an administrator is appointed under section 34 , the operator must give the administrator reasonable help to perform the administrator’s functions under this division.
sec.37
Costs of administration
sec.37 Costs of administration
If an administrator is appointed under section 34 , the costs of the administrator performing the administrator’s functions under this division are payable by the operator.
The costs mentioned in subsection (1) include—
the administrator’s remuneration at a rate decided by the Minister administering the Land Title Act 1994 ; and
costs reasonably incurred by the administrator in performing the operator’s functions under section 8 (1) .
The State may recover the costs mentioned in subsection (1) that are unpaid by the operator as a debt.
(sec.37-ssec.1) If an administrator is appointed under section 34 , the costs of the administrator performing the administrator’s functions under this division are payable by the operator.
(sec.37-ssec.2) The costs mentioned in subsection (1) include— the administrator’s remuneration at a rate decided by the Minister administering the Land Title Act 1994 ; and costs reasonably incurred by the administrator in performing the operator’s functions under section 8 (1) .
(sec.37-ssec.3) The State may recover the costs mentioned in subsection (1) that are unpaid by the operator as a debt.
(a) the administrator’s remuneration at a rate decided by the Minister administering the Land Title Act 1994 ; and
(b) costs reasonably incurred by the administrator in performing the operator’s functions under section 8 (1) .
sec.38
Amounts received for operator
sec.38 Amounts received for operator
Titles registry amounts and other amounts received by an administrator appointed under section 34 , in relation to the performance of the operator’s functions under section 8 (1) during the period of the administration, are payable to the operator.
pt.6-div.5
Report about titles registry functions
Report about titles registry functions
sec.39
Information to be included in annual report
sec.39 Information to be included in annual report
The chief executive of the department (land titles) must ensure the department’s annual report for a financial year includes information about the performance of titles registry functions by the operator in the financial year.
Without limiting subsection (1) , the report must include information about any appointment of an administrator under section 34 .
The operator must, if requested by the chief executive of the department (land titles), give information about the performance of titles registry functions by the operator in a financial year.
In this section—
annual report means annual report under the Financial Accountability Act 2009 .
(sec.39-ssec.1) The chief executive of the department (land titles) must ensure the department’s annual report for a financial year includes information about the performance of titles registry functions by the operator in the financial year.
(sec.39-ssec.2) Without limiting subsection (1) , the report must include information about any appointment of an administrator under section 34 .
(sec.39-ssec.3) The operator must, if requested by the chief executive of the department (land titles), give information about the performance of titles registry functions by the operator in a financial year.
(sec.39-ssec.4) In this section— annual report means annual report under the Financial Accountability Act 2009 .
pt.6-div.6
Limitation of review
Limitation of review
sec.40
Limitation of review
sec.40 Limitation of review
This section applies to the following decisions—
a decision of an official to give a direction under section 33 ;
a decision of the Minister administering the Land Title Act 1994 to appoint an administrator under section 34 .
The Judicial Review Act 1991 , part 4 does not apply to the decision.
Subject to subsection (4) , the decision—
is final and conclusive; and
can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and
is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
The Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.
In this section—
decision includes a decision, or conduct, leading up to or forming part of the process of making a decision.
(sec.40-ssec.1) This section applies to the following decisions— a decision of an official to give a direction under section 33 ; a decision of the Minister administering the Land Title Act 1994 to appoint an administrator under section 34 .
(sec.40-ssec.2) The Judicial Review Act 1991 , part 4 does not apply to the decision.
(sec.40-ssec.3) Subject to subsection (4) , the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
(sec.40-ssec.4) The Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.
(sec.40-ssec.5) In this section— decision includes a decision, or conduct, leading up to or forming part of the process of making a decision.
(a) a decision of an official to give a direction under section 33 ;
(b) a decision of the Minister administering the Land Title Act 1994 to appoint an administrator under section 34 .
(a) is final and conclusive; and
(b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and
(c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
pt.7
Operation of other laws
Operation of other laws
sec.41
Application of particular State Acts
sec.41 Application of particular State Acts
To the extent the operator is performing a titles registry function, the operator is—
a unit of public administration under the Crime and Corruption Act 2001 , section 20 ; and
a public authority under the Information Privacy Act 2009 , section 21 ; and
a public authority under the Public Records Act 2023 , section 8 ; and
a public authority under the Right to Information Act 2009 , section 16 .
Also, the operator is a public entity under the Human Rights Act 2019 , section 9 , to the extent the operator is performing—
a titles registry function; or
another function of a public nature under the Human Rights Act 2019 , section 10 .
The operator is an entity mentioned in subsection (1) (b) , (c) and (d) only in relation to a document received, created or otherwise in the possession of the operator in performing the titles registry function.
For applying subsection(1)(d), a reference in the Right to Information Act 2009 , section 113 to the responsible Minister is a reference to the Minister administering the Land Title Act 1994 .
This section applies despite a provision of an Act mentioned in subsection (1) or (2) .
s 41 amd 2023 No. 33 s 107 sch 5 ; 2023 No. 32 s 141 s ch 1 pt 2
(sec.41-ssec.1) To the extent the operator is performing a titles registry function, the operator is— a unit of public administration under the Crime and Corruption Act 2001 , section 20 ; and a public authority under the Information Privacy Act 2009 , section 21 ; and a public authority under the Public Records Act 2023 , section 8 ; and a public authority under the Right to Information Act 2009 , section 16 .
(sec.41-ssec.2) Also, the operator is a public entity under the Human Rights Act 2019 , section 9 , to the extent the operator is performing— a titles registry function; or another function of a public nature under the Human Rights Act 2019 , section 10 .
(sec.41-ssec.3) The operator is an entity mentioned in subsection (1) (b) , (c) and (d) only in relation to a document received, created or otherwise in the possession of the operator in performing the titles registry function.
(sec.41-ssec.4) For applying subsection(1)(d), a reference in the Right to Information Act 2009 , section 113 to the responsible Minister is a reference to the Minister administering the Land Title Act 1994 .
(sec.41-ssec.5) This section applies despite a provision of an Act mentioned in subsection (1) or (2) .
(a) a unit of public administration under the Crime and Corruption Act 2001 , section 20 ; and
(b) a public authority under the Information Privacy Act 2009 , section 21 ; and
(c) a public authority under the Public Records Act 2023 , section 8 ; and
(d) a public authority under the Right to Information Act 2009 , section 16 .
(a) a titles registry function; or
(b) another function of a public nature under the Human Rights Act 2019 , section 10 .
sec.42
Corporations legislation displacement provision— Crime and Corruption Act 2001
sec.42 Corporations legislation displacement provision— Crime and Corruption Act 2001
This section applies in relation to the application of the Crime and Corruption Act 2001 to the operator as a unit of public administration under that Act.
The Crime and Corruption Act 2001 , sections 38 , 39 , 40 (4) and 40A (5) are declared to be Corporations legislation displacement provisions for the Corporations Act , section 5G in relation to the Corporations Act , section 1317AAE .
(sec.42-ssec.1) This section applies in relation to the application of the Crime and Corruption Act 2001 to the operator as a unit of public administration under that Act.
(sec.42-ssec.2) The Crime and Corruption Act 2001 , sections 38 , 39 , 40 (4) and 40A (5) are declared to be Corporations legislation displacement provisions for the Corporations Act , section 5G in relation to the Corporations Act , section 1317AAE .
pt.8
Miscellaneous
Miscellaneous
sec.43
Exchange of information
sec.43 Exchange of information
The operator may ask an official for any information relevant to the operator performing a function mentioned in section 8 (1) (a) , (b) or (c) .
An official may ask the operator for any information relevant to the operator performing a function of the official.
The official or operator is authorised to give the information requested under subsection (1) or (2) .
Also, the official is authorised to give information to the operator in relation to achieving the main purpose of this Act as mentioned in section 3 (2) (b) .
To remove any doubt, it is declared that this section authorises the use and disclosure of personal information within the meaning of the Information Privacy Act 2009 , section 12 .
See QPP 6.2(b) in schedule 3 of the Information Privacy Act 2009 .
s 43 amd 2023 No. 32 s 141 s ch 1 pt 2
(sec.43-ssec.1) The operator may ask an official for any information relevant to the operator performing a function mentioned in section 8 (1) (a) , (b) or (c) .
(sec.43-ssec.2) An official may ask the operator for any information relevant to the operator performing a function of the official.
(sec.43-ssec.3) The official or operator is authorised to give the information requested under subsection (1) or (2) .
(sec.43-ssec.4) Also, the official is authorised to give information to the operator in relation to achieving the main purpose of this Act as mentioned in section 3 (2) (b) .
(sec.43-ssec.5) To remove any doubt, it is declared that this section authorises the use and disclosure of personal information within the meaning of the Information Privacy Act 2009 , section 12 . See QPP 6.2(b) in schedule 3 of the Information Privacy Act 2009 .
sec.44
Operator’s duty to disclose information
sec.44 Operator’s duty to disclose information
This section applies in relation to a matter relating to a titles registry function performed by the operator for an official if—
the matter is the subject of a proceeding; or
the operator believes, or ought reasonably to believe, the matter may become the subject of a proceeding.
However, this section does not apply in relation to a matter that is the subject of a proceeding to which the operator is a party.
The operator has a duty to disclose to the official all information about the matter in the possession or control of the operator.
The duty continues until—
if the matter is or becomes the subject of a proceeding—the proceeding is finally decided or otherwise ends; or
otherwise—the matter is no longer in effect or the operator reasonably believes it will otherwise no longer become the subject of a proceeding.
(sec.44-ssec.1) This section applies in relation to a matter relating to a titles registry function performed by the operator for an official if— the matter is the subject of a proceeding; or the operator believes, or ought reasonably to believe, the matter may become the subject of a proceeding.
(sec.44-ssec.2) However, this section does not apply in relation to a matter that is the subject of a proceeding to which the operator is a party.
(sec.44-ssec.3) The operator has a duty to disclose to the official all information about the matter in the possession or control of the operator.
(sec.44-ssec.4) The duty continues until— if the matter is or becomes the subject of a proceeding—the proceeding is finally decided or otherwise ends; or otherwise—the matter is no longer in effect or the operator reasonably believes it will otherwise no longer become the subject of a proceeding.
(a) the matter is the subject of a proceeding; or
(b) the operator believes, or ought reasonably to believe, the matter may become the subject of a proceeding.
(a) if the matter is or becomes the subject of a proceeding—the proceeding is finally decided or otherwise ends; or
(b) otherwise—the matter is no longer in effect or the operator reasonably believes it will otherwise no longer become the subject of a proceeding.
sec.45
Protection from liability
sec.45 Protection from liability
A person employed by the operator is not civilly liable for an act done or omission made honestly and without negligence in performing a function of the operator mentioned in section 8 (1) (a) , (b) or (c) .
An administrator appointed under section 34 is not civilly liable for an act done or omission made honestly and without negligence in performing a function of the administrator under part 6 , division 4 .
If subsection (1) or (2) prevents civil liability attaching to a person, the liability attaches instead to the State.
Despite the Public Sector Act 2022 , section 267 , an employee of the operator or an administrator appointed under section 34 is not a prescribed person under section 267 of that Act.
s 45 amd 2022 No. 34 s 365 sch 3
(sec.45-ssec.1) A person employed by the operator is not civilly liable for an act done or omission made honestly and without negligence in performing a function of the operator mentioned in section 8 (1) (a) , (b) or (c) .
(sec.45-ssec.2) An administrator appointed under section 34 is not civilly liable for an act done or omission made honestly and without negligence in performing a function of the administrator under part 6 , division 4 .
(sec.45-ssec.3) If subsection (1) or (2) prevents civil liability attaching to a person, the liability attaches instead to the State.
(sec.45-ssec.4) Despite the Public Sector Act 2022 , section 267 , an employee of the operator or an administrator appointed under section 34 is not a prescribed person under section 267 of that Act.
sec.46
Agency arrangement
sec.46 Agency arrangement
The State or an official may enter into an arrangement with the operator for the operator to act as the agent of the State or official including, for example, in relation to the following matters—
legal proceedings relating to a titles register;
functions of the official under the Electronic Conveyancing National Law (Queensland) ;
another matter relating to a titles register.
(a) legal proceedings relating to a titles register;
(b) functions of the official under the Electronic Conveyancing National Law (Queensland) ;
(c) another matter relating to a titles register.
sec.47
Regulation-making power
sec.47 Regulation-making power
The Governor in Council may make regulations under this Act.
A regulation may provide for a maximum penalty of 20 penalty units for a contravention of a regulation.
(sec.47-ssec.1) The Governor in Council may make regulations under this Act.
(sec.47-ssec.2) A regulation may provide for a maximum penalty of 20 penalty units for a contravention of a regulation.
pt.9
Repeal and transitional provisions
Repeal and transitional provisions
pt.9-div.1
Repeal
Repeal
sec.48
Repeal
sec.48 Repeal
The following regulations are repealed—
Foreign Ownership of Land Register Regulation 2013 , SL No. 152
Land Title Regulation 2015 , SL No. 145.
• Foreign Ownership of Land Register Regulation 2013 , SL No. 152
• Land Title Regulation 2015 , SL No. 145.
pt.9-div.2
Transitional provisions
Transitional provisions
sec.49
Application of s 11
sec.49 Application of s 11
Section 11 applies to a fee or charge that becomes payable under a titles registry Act or an agreement after the commencement even if—
the matter for which the fee or charge becomes payable happened before the commencement; and
for a fee or charge payable under an agreement mentioned in section 11(1)(b)—the agreement was entered into before the commencement.
(a) the matter for which the fee or charge becomes payable happened before the commencement; and
(b) for a fee or charge payable under an agreement mentioned in section 11(1)(b)—the agreement was entered into before the commencement.
sec.50
Fees or charges payable before the commencement
sec.50 Fees or charges payable before the commencement
This section applies in relation to a fee or charge that—
became payable under a titles registry Act or an agreement mentioned in section 11(1)(b) before the commencement; and
immediately before the commencement, had not been paid by the person required to pay it; and
but for this section, would on the commencement be a titles registry amount under section 11.
The fee or charge continues to be payable to, and recoverable as a debt by, the State.
(sec.50-ssec.1) This section applies in relation to a fee or charge that— became payable under a titles registry Act or an agreement mentioned in section 11(1)(b) before the commencement; and immediately before the commencement, had not been paid by the person required to pay it; and but for this section, would on the commencement be a titles registry amount under section 11.
(sec.50-ssec.2) The fee or charge continues to be payable to, and recoverable as a debt by, the State.
(a) became payable under a titles registry Act or an agreement mentioned in section 11(1)(b) before the commencement; and
(b) immediately before the commencement, had not been paid by the person required to pay it; and
(c) but for this section, would on the commencement be a titles registry amount under section 11.
sec.51
Section sec.51
s 51 exp 18 June 2022 (see s 51(4))
sch.1-pt.1
Fees relating to land registry under Land Act 1994
Fees relating to land registry under Land Act 1994
sch.1-pt.1-div.1
Interpretation
Interpretation
sch.1-sec.1
Interpretation
sch.1-sec.1 Interpretation
In this part—
a reference to the Act is a reference to the Land Act 1994 ; and
a word that is used in the Land Act 1994 has the same meaning as it has in that Act.
Also, in this part—
administrative advice means an advice that is an administrative advice under the manual of land practice kept under section 286A of the Act .
conveyancing transaction see the Electronic Conveyancing National Law (Queensland) , section 3 .
ELN see the Electronic Conveyancing National Law (Queensland) , section 3 .
licence means—
a licence under the Act ; or
a plantation licence.
lodgement support service bundle 1 , for a conveyancing transaction, means—
the particulars recorded in the appropriate register that are necessary to do any of the following in relation to the transaction—
complete each document that may be lodged for the transaction;
identify anything in the register that is changed, lodged, noted, recorded or registered; and
confirmation, for each completed document, as to whether the document may be lodged electronically.
lodgement support service bundle 2 , for a conveyancing transaction, means—
the particulars recorded in the appropriate register that are necessary to complete each document that may be lodged for the transaction; and
confirmation, for each completed document, as to whether the document may be lodged electronically.
permit to occupy means a permit to occupy unallocated State land, a reserve or a road issued under section 177 of the Act .
road licence means a licence over a road issued under section 103 of the Act .
(sch.1-sec.1-ssec.1) In this part— a reference to the Act is a reference to the Land Act 1994 ; and a word that is used in the Land Act 1994 has the same meaning as it has in that Act.
(sch.1-sec.1-ssec.2) Also, in this part— administrative advice means an advice that is an administrative advice under the manual of land practice kept under section 286A of the Act . conveyancing transaction see the Electronic Conveyancing National Law (Queensland) , section 3 . ELN see the Electronic Conveyancing National Law (Queensland) , section 3 . licence means— a licence under the Act ; or a plantation licence. lodgement support service bundle 1 , for a conveyancing transaction, means— the particulars recorded in the appropriate register that are necessary to do any of the following in relation to the transaction— complete each document that may be lodged for the transaction; identify anything in the register that is changed, lodged, noted, recorded or registered; and confirmation, for each completed document, as to whether the document may be lodged electronically. lodgement support service bundle 2 , for a conveyancing transaction, means— the particulars recorded in the appropriate register that are necessary to complete each document that may be lodged for the transaction; and confirmation, for each completed document, as to whether the document may be lodged electronically. permit to occupy means a permit to occupy unallocated State land, a reserve or a road issued under section 177 of the Act . road licence means a licence over a road issued under section 103 of the Act .
(a) a reference to the Act is a reference to the Land Act 1994 ; and
(b) a word that is used in the Land Act 1994 has the same meaning as it has in that Act.
(a) a licence under the Act ; or
(b) a plantation licence.
(a) the particulars recorded in the appropriate register that are necessary to do any of the following in relation to the transaction— (i) complete each document that may be lodged for the transaction; (ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and
(i) complete each document that may be lodged for the transaction;
(ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and
(b) confirmation, for each completed document, as to whether the document may be lodged electronically.
(i) complete each document that may be lodged for the transaction;
(ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and
(a) the particulars recorded in the appropriate register that are necessary to complete each document that may be lodged for the transaction; and
(b) confirmation, for each completed document, as to whether the document may be lodged electronically.
sch.1-pt.1-div.2
Fees payable
Fees payable
sch.1-pt.2
Fees relating to land registry under Land Title Act 1994
Fees relating to land registry under Land Title Act 1994
sch.1-pt.2-div.1
Preliminary
Preliminary
sch.1-sec.2
Application of part
sch.1-sec.2 Application of part
This part provides for fees payable under a titles registry Act in relation to titles registry functions relating to the land registry under the Land Title Act 1994 .
Generally, the fees are payable for matters mentioned in division 2 .
However, if division 3 provides for a matter in relation to a titles registry function performed under a titles registry Act that is also provided for under division 2 —
the reference to the matter in division 2 does not apply in relation to the performance of the function; and
the fee payable in relation to the performance of the function is for the matter provided for under division 3 .
(sch.1-sec.2-ssec.1) This part provides for fees payable under a titles registry Act in relation to titles registry functions relating to the land registry under the Land Title Act 1994 .
(sch.1-sec.2-ssec.2) Generally, the fees are payable for matters mentioned in division 2 .
(sch.1-sec.2-ssec.3) However, if division 3 provides for a matter in relation to a titles registry function performed under a titles registry Act that is also provided for under division 2 — the reference to the matter in division 2 does not apply in relation to the performance of the function; and the fee payable in relation to the performance of the function is for the matter provided for under division 3 .
(a) the reference to the matter in division 2 does not apply in relation to the performance of the function; and
(b) the fee payable in relation to the performance of the function is for the matter provided for under division 3 .
sch.1-pt.2-div.2
General fees
General fees
sch.1-sec.3
Interpretation
sch.1-sec.3 Interpretation
In this division—
a reference to the Act is a reference to the Land Title Act 1994 ; and
a word that is used in the Land Title Act 1994 has the same meaning as it has in that Act.
Also, in this part—
administrative advice means an advice that is an administrative advice under the manual of land title practice kept under section 9A of the Act .
conveyancing transaction see the Electronic Conveyancing National Law (Queensland) , section 3 .
ELN see the Electronic Conveyancing National Law (Queensland) , section 3 .
lodgement support service bundle 1 , for a conveyancing transaction, means—
the particulars recorded in the freehold land register that are necessary to do any of the following in relation to the transaction—
complete each instrument that may be lodged for the transaction;
identify anything in the register that is changed, lodged, noted, recorded or registered; and
confirmation, for each completed instrument, as to whether the instrument may be lodged electronically.
lodgement support service bundle 2 , for a conveyancing transaction, means—
the particulars recorded in the freehold land register that are necessary to complete each instrument that may be lodged for the transaction; and
confirmation, for each completed instrument, as to whether the instrument may be lodged electronically.
(sch.1-sec.3-ssec.1) In this division— a reference to the Act is a reference to the Land Title Act 1994 ; and a word that is used in the Land Title Act 1994 has the same meaning as it has in that Act.
(sch.1-sec.3-ssec.2) Also, in this part— administrative advice means an advice that is an administrative advice under the manual of land title practice kept under section 9A of the Act . conveyancing transaction see the Electronic Conveyancing National Law (Queensland) , section 3 . ELN see the Electronic Conveyancing National Law (Queensland) , section 3 . lodgement support service bundle 1 , for a conveyancing transaction, means— the particulars recorded in the freehold land register that are necessary to do any of the following in relation to the transaction— complete each instrument that may be lodged for the transaction; identify anything in the register that is changed, lodged, noted, recorded or registered; and confirmation, for each completed instrument, as to whether the instrument may be lodged electronically. lodgement support service bundle 2 , for a conveyancing transaction, means— the particulars recorded in the freehold land register that are necessary to complete each instrument that may be lodged for the transaction; and confirmation, for each completed instrument, as to whether the instrument may be lodged electronically.
(a) a reference to the Act is a reference to the Land Title Act 1994 ; and
(b) a word that is used in the Land Title Act 1994 has the same meaning as it has in that Act.
(a) the particulars recorded in the freehold land register that are necessary to do any of the following in relation to the transaction— (i) complete each instrument that may be lodged for the transaction; (ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and
(i) complete each instrument that may be lodged for the transaction;
(ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and
(b) confirmation, for each completed instrument, as to whether the instrument may be lodged electronically.
(i) complete each instrument that may be lodged for the transaction;
(ii) identify anything in the register that is changed, lodged, noted, recorded or registered; and
(a) the particulars recorded in the freehold land register that are necessary to complete each instrument that may be lodged for the transaction; and
(b) confirmation, for each completed instrument, as to whether the instrument may be lodged electronically.
sch.1-pt.2-div.3
Additional or alternative fees
Additional or alternative fees
sch.1-sec.4
Interpretation
sch.1-sec.4 Interpretation
In this division—
a reference to the Act is a reference to the Act for which the fees are stated; and
a word that is used in the Act for which the fees are stated has the same meaning as it has in that Act.
(a) a reference to the Act is a reference to the Act for which the fees are stated; and
(b) a word that is used in the Act for which the fees are stated has the same meaning as it has in that Act.
sch.1-pt.3
Fees relating to water allocations register
Fees relating to water allocations register
sch.1-pt.3-div.1
Preliminary
Preliminary
sch.1-sec.5
Interpretation
sch.1-sec.5 Interpretation
In this part—
a reference to the Act is a reference to the Water Act 2000 ; and
a word that is used in the Water Act 2000 has the same meaning as it has in that Act.
Also, in this part—
administrative advice means an advice that is an administrative advice under the manual of land title practice kept under the Land Title Act 1994 , section 9A .
deposit means lodge with the registrar other than for registration.
priority notice see the Land Title Act 1994 , section 139 (1) .
standard terms document see the Land Title Act 1994 , section 168 .
(sch.1-sec.5-ssec.1) In this part— a reference to the Act is a reference to the Water Act 2000 ; and a word that is used in the Water Act 2000 has the same meaning as it has in that Act.
(sch.1-sec.5-ssec.2) Also, in this part— administrative advice means an advice that is an administrative advice under the manual of land title practice kept under the Land Title Act 1994 , section 9A . deposit means lodge with the registrar other than for registration. priority notice see the Land Title Act 1994 , section 139 (1) . standard terms document see the Land Title Act 1994 , section 168 .
(a) a reference to the Act is a reference to the Water Act 2000 ; and
(b) a word that is used in the Water Act 2000 has the same meaning as it has in that Act.
sch.1-pt.3-div.2
Fees payable
Fees payable
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
pt.1-div.1 Introduction
Introduction
sec.1 Short title
sec.1 Short title
This Act may be cited as the Queensland Future Fund (Titles Registry) Act 2021 .
s 1 amd 2021 No. 12 s 143
sec.2 Commencement
sec.2 Commencement
Part 19 commences on 1 January 2022.
Any other provisions of this Act that are not in force on 1 July 2021 commence on a day to be fixed by proclamation.
s 2 sub 2021 No. 12 s 144
(sec.2-ssec.1) Part 19 commences on 1 January 2022.
(sec.2-ssec.2) Any other provisions of this Act that are not in force on 1 July 2021 commence on a day to be fixed by proclamation.
sec.3 Main purpose of this Act and how it is to be achieved
sec.3 Main purpose of this Act and how it is to be achieved
The main purpose of this Act is to support the State’s contribution to the Queensland Future (Debt Retirement) Fund established under the Queensland Future Fund Act 2020 .
The main purpose is to be primarily achieved by—
declaring an entity in which the State has a financial interest to be the entity to whom functions relating to the land registry or water allocations register may be delegated under an Act; and
providing for the transfer of assets, liabilities, rights, responsibilities, obligations, operations and employees to the entity; and
providing for the entity to collect and keep fees and other amounts relating to the land registry or water allocations register.
Other purposes of this Act are—
to ensure the entity mentioned in subsection (2) (a) properly performs the functions delegated to the entity under an Act; and
to ensure the accuracy, availability, integrity and security of each register in the land registry and the water allocations register are not compromised by the delegation of functions to the entity mentioned in subsection (2) (a) under an Act.
(sec.3-ssec.1) The main purpose of this Act is to support the State’s contribution to the Queensland Future (Debt Retirement) Fund established under the Queensland Future Fund Act 2020 .
(sec.3-ssec.2) The main purpose is to be primarily achieved by— declaring an entity in which the State has a financial interest to be the entity to whom functions relating to the land registry or water allocations register may be delegated under an Act; and providing for the transfer of assets, liabilities, rights, responsibilities, obligations, operations and employees to the entity; and providing for the entity to collect and keep fees and other amounts relating to the land registry or water allocations register.
(sec.3-ssec.3) Other purposes of this Act are— to ensure the entity mentioned in subsection (2) (a) properly performs the functions delegated to the entity under an Act; and to ensure the accuracy, availability, integrity and security of each register in the land registry and the water allocations register are not compromised by the delegation of functions to the entity mentioned in subsection (2) (a) under an Act.
Creates mechanisms for official oversight: the official must monitor and may give directions (s 31, s 33); the Minister may appoint an administrator to act in the operator’s place if necessary and recover costs from the operator (s 34-38); and the chief executive must include information about performance in the department’s annual report (s 39).
The Act also sets out limits and protections. It designates the operator as a public authority under several state laws to the extent it is performing titles registry functions (s 41). It shields operator employees and appointed administrators from civil liability for acts done honestly and without negligence in performing the operator’s functions, but shifts any prevented liability to the State (s 45). It limits merits and some judicial review of official directions and ministerial administrator appointments, preserving review only to the extent of jurisdictional error (s 40). The Act contains procedural requirements about registers of subdelegations (s 10), exchange and disclosure of information between the operator and officials (s 43-44), and transitional/repeal provisions for relevant regulations (s 48-50).
The Act’s stated principal aim is to support the State’s contribution to the Queensland Future (Debt Retirement) Fund (s 3(1)). It describes achieving that aim by declaring an entity in which the State has a financial interest to be the delegate for titles registry functions, transferring operations and employees to it, and enabling it to collect and retain fees (s 3(2)). The Act also articulates secondary purposes to ensure the operator properly performs delegated functions and that registers’ accuracy, availability, integrity and security are not compromised (s 3(3)).
Main concepts
The Act turns on several interlocking legal constructs: operator, titles registry functions, titles registry amounts (fees), transfer mechanisms, employee transfers, oversight and administrative backstops, and legal status under other state laws. Each is defined or elaborated in the Act text and constrains or enables particular behaviours.
Operator: Queensland Titles Registry Pty Ltd is statutorily declared the operator (s 7). The operator’s statutory functions are enumerated (s 8): perform titles registry functions delegated under a titles registry Act; decide, collect and keep titles registry amounts; act as agent for the State or an official under an arrangement (s 46); and pursue commercial arrangements not inconsistent with those functions. The operator’s corporate constitution must include these functions and must not be inconsistent with them (s 9).
Titles registry function: Defined to include the registrar of titles functions under a titles registry Act that may be delegated, and the registrar of water allocations functions under the Water Act 2000 that may be delegated (s 5). The Act treats a reference to a function as including a power (s 6).
Titles registry amounts and fees: Titles registry amounts comprise titles registry fees and specified fees/charges under agreements under the Land Act 1994 and the Land Title Act 1994 (s 11). Such amounts do not form part of the consolidated fund and are debts owing to the operator (s 11(2)). Schedule 1 lists the matters for which a fee is payable (s 12) and includes specified amounts for 2021-22; from 2022-23 the operator sets fee amounts subject to CPI-indexing caps (s 13). The operator must notify officials and publish fees at least 30 business days before each financial year starting 1 July 2022 (s 14).
Transfer mechanics: The Minister may decide arrangements to transfer the State’s interests and operations to the operator (s 19). The Minister may give effect to arrangements by gazette transfer notices (s 20), which may transfer shares, assets, liabilities, make provision about consideration, determine successor-in-law status, provide for continuance of legal proceedings by the operator, and deal with instruments and incidental matters (s 20(1)). Transfer notices take effect despite any other law (s 20(5)) and on gazettal or a later stated time (s 20(6)). Transfer of State liabilities discharges the State from those liabilities except to the extent stated in the notice (s 20(4)). The Minister may not exercise the part-4 transfer powers on or after 1 July 2022 (s 21).
Employee transfer and preservation: Eligible employees are defined by reference to a list signed by the chief executive of the department (land titles) available for inspection at the head office (s 24). On commencement eligible employees become employees of the operator and cease to be public service employees; records relating to their employment transfer to the operator (s 25). The Act preserves material benefits and continuity of service, superannuation and leave entitlements; prevents transfer from constituting retrenchment/termination by the State; and disallows double claiming of the same service period (s 26). Eligible employees can elect to return to the public service within 12 months (s 27-28).
Oversight, directions and administration: Officials retain monitoring and review roles (s 31). Officials may give written directions (or oral with written confirmation where immediate action is needed) to ensure proper performance or integrity of titles registers; arrangements may set consequences for non-compliance (s 33). The Minister may appoint an administrator to act in place of the operator where necessary for similar reasons (s 34); the administrator has the operator’s responsibilities for the period and must operate under the title ‘administrator of (name of operator)’ (s 35). The operator must assist the administrator (s 36), and costs of administration are payable by the operator and recoverable by the State as a debt (s 37).
Legal status under other laws: While performing titles registry functions the operator is designated a unit of public administration (Crime and Corruption Act), a public authority under various information and records laws, and a public entity under the Human Rights Act to the extent of performing public functions (s 41). The Act declares certain provisions of the Crime and Corruption Act to displace Corporations Act provisions for the purposes specified (s 42).
Limits on review and liability protections: The Act restricts application of Judicial Review Act part 4 to official directions and ministerial appointments, making those decisions final and conclusive except in relation to jurisdictional error (s 40). Employees of the operator and appointed administrators are not civilly liable for honest, non-negligent acts in performing operator functions; if liability is prevented for an individual the liability attaches to the State instead (s 45). No duty under the Duties Act 2001 is payable in relation to something done under a transfer notice (s 23).
Information exchange and disclosure duties: The operator and officials can request and share information relevant to performance of functions; this authorises use and disclosure of personal information as permitted by the Information Privacy Act (s 43). The operator also has a duty to disclose to the official information in its possession that relates to a matter that is or may become the subject of proceedings, subject to exceptions where the operator is party to the proceeding (s 44).
Transitional and repeal: The Act repeals specified regulations (s 48). Transitional provisions treat certain pre-commencement fees and charges as remaining payable to the State or otherwise regulate their status (s 49-50).
Collectively these concepts reassign operational control and revenue retention for titles registries from the consolidated fund and public service employment to a declared operator, while preserving statutory oversight, certain public‑law obligations and structured transitional protections.
Who it affects
This Act creates concrete effects for specific groups and interests. Primary affected parties include the State and its officials, the declared operator, persons using titles registry services (including conveyancers and licence-holders), eligible public service employees in the land titles department, holders of instruments and other third parties with legal interests recorded in registries, and responsible entities tasked with updating instruments or registers.
State and officials: Officials who previously performed registrar functions retain a statutory role in monitoring and reviewing the operator’s performance (s 31). They may give directions to the operator about performance, accuracy and security of titles registers (s 33). The Minister has decision-making power over transfer arrangements and may issue transfer notices (s 19-20), and may appoint an administrator if necessary to ensure proper performance (s 34). The State’s exposure shifts in two ways: transfer notices can transfer liabilities and assets to the operator and may discharge the State from transferred liabilities except as stated in the notice (s 20(2), (4)). Conversely, the State may pick up civil liability that would otherwise attach to individual operator employees (s 45(3)).
Operator: Queensland Titles Registry Pty Ltd is declared the operator (s 7) and acquires a bundle of statutory powers and entitlements: to perform delegated titles registry functions, collect and keep titles registry amounts (s 8; s 11). The operator may act as agent for the State under an arrangement (s 8(1)(c); s 46). Its constitution must include these functions and be consistent with them (s 9). The operator must keep a register of any subdelegations and make that register available for inspection by officials (s 10). If an administrator is appointed the operator must assist (s 36) and bear costs (s 37).
Eligible public service employees: Defined by the chief executive’s signed list available for inspection (s 24), eligible employees in the land titles department are transferred to the operator on commencement (s 25). Their remuneration, benefits, superannuation and leave continuity are protected (s 26). They have a 12‑month unilateral right to elect to return to the public service; upon return their service is treated as continuous and prior terms are reinstated subject to changes in law or industrial instruments (s 27-28). The Act expressly bars an eligible employee from claiming the same service benefits more than once (s 26(3); s 28(3)).
Service users and fee-payers: Persons and entities that interact with the land registry or water allocations register will pay fees set out in Schedule 1 for 2021-22 (s 12(3)) and, from 2022-23, fees that the operator decides subject to CPI caps (s 13). Fees and charges payable under specified agreements in the Land Act 1994 and Land Title Act 1994 are also titles registry amounts (s 11(1)(b)), and such amounts are debts owed to the operator (s 11(2)). If the delegations are revoked, section 17 provides that fees for registry functions performed after revocation are payable to the State and may be prescribed by regulation or revert to the amount applicable at the revocation day (s 17). Users must therefore track whether delegations remain in force.
Responsible entities and holders of instruments: Transfer notices can provide that instruments or benefits under instruments are to be taken to be held by or given to the operator, or that references to an entity in an instrument are references to the operator (s 20(1)(f)). Where a transfer notice makes such provision the responsible entity for the instrument must take necessary action to register or record the effect, including updating registers and amending, cancelling or issuing instruments (s 20(7)). This affects registries, statutory record-keepers and any third party whose documents are registered.
Information controllers and privacy interests: The operator is designated a public authority under the Information Privacy Act and a public authority under the Right to Information Act and Public Records Act “to the extent” the operator is performing titles registry functions; and a public entity under the Human Rights Act in respect of titles registry functions (s 41). The operator therefore handles personal data and documents that fall within those regimes in relation to its delegated functions. Section 43 expressly authorises the use and disclosure of personal information exchanged between operator and officials in pursuit of functions.
Courts and litigants: The Act provides that transfer notices may make provision for legal proceedings to be continued or taken by or against the operator instead of the State (s 20(1)(e)). It also restricts judicial review of directions and appointments: Judicial Review Act part 4 does not apply to these decisions and they are final and conclusive except where affected by jurisdictional error (s 40). That limits avenues to challenge official directions or ministerial administrator appointments (s 40).
Regulators and oversight bodies: When performing titles registry functions, the operator is treated as a unit of public administration for the Crime and Corruption Act (s 41(1)(a)), and some Crime and Corruption Act provisions are declared to displace Corporations Act provisions for specified purposes (s 42). This changes the regulatory framework that applies to the operator, potentially bringing corruption and misconduct oversight regimes to bear.
Financial stakeholders and the public purse: The Act diverts fee revenue that would otherwise be part of consolidated revenue to the operator (s 11(2)), thereby affecting state budgeting and the State’s future revenue streams. The Minister retains powers to transfer shares, assets and liabilities and to prescribe how proceeds or instruments are handled (s 19-20), with downstream fiscal implications. The stated purpose is to support the Queensland Future (Debt Retirement) Fund (s 3(1)); assessing financial impacts requires tracking titles registry amounts retained by the operator versus amounts returned to the State under revocation rules (s 15-18).
Taken together, the Act reallocates responsibilities, revenue flows and employment from public structures to a declared operator while preserving monitoring, directions, and frameworks for information governance and liability. Parties with contractual, employment, or property interests tied to registries should map which provisions apply to them and at what stage of the delegation/transfer lifecycle.
Key duties and rights
This Act creates a set of enforceable duties and concomitant rights that allocate operational authority, oversight powers, financial entitlements and administrative obligations among the State, the operator, officials and affected persons. The following are the principal duties and rights established in the text.
Operator’s duties and rights
Statutory functions and constraints: The operator must perform titles registry functions delegated under applicable titles registry Acts and other functions given to it under those Acts (s 8(1)(a)). It may identify and pursue commercial arrangements so long as they are not inconsistent with its primary functions (s 8(1)(d)). The operator may only perform other functions or activities that are not inconsistent with these functions (s 8(2)).
Fee entitlements: The operator is entitled to decide, collect and keep titles registry amounts (s 8(1)(b); s 11). Titles registry amounts are debts owing to the operator and are expressly removed from the consolidated fund (s 11(2)).
Corporate governance: The operator’s constitution under the Corporations Act must include the operator’s functions and must not be inconsistent with them (s 9(1)-(2)).
Subdelegation register and transparency: The operator must keep a register of subdelegations for delegated titles registry functions, recording the subdelegate and the description and conditions of the subdelegation, and make this register available for inspection on request by an official (s 10).
Information and disclosure obligations: The operator may request information from officials and is authorised to receive it (s 43(1), (3)); when a matter relating to a titles registry function is or may become the subject of proceedings the operator must disclose information to the official (s 44(1), (3)).
Officials’ duties and rights
Monitoring and review: The official has the duty to monitor and review operator performance “in the way and to the extent the official considers appropriate” (s 31).
Directions: The official may give directions to the operator about performance of titles registry functions for specified purposes (ensuring proper performance, ensuring the official can perform his/her functions, or protecting register accuracy, availability, integrity or security) (s 33(1)-(2)). Directions must be in writing but may be given orally if immediate action is required, with written confirmation to follow (s 33(3)-(4)).
Inspection rights: Officials may request inspection of the operator’s register of subdelegations (s 10(4)) and may ask the operator for information relevant to the operator’s performance (s 43(2)-(3)).
Ministerial powers and duties
Arrangements and transfer notices: The Minister may decide arrangements necessary to give effect to the Act’s main purpose, including how the State holds an interest in the operator and what assets, liabilities, rights and operations are transferred (s 19). The Minister may issue transfer notices by gazette to transfer shares, assets, liabilities, make provision about consideration, provide for successor-in-law status and make provision about instruments and proceedings (s 20(1)).
Time limit: The Minister may not perform functions under Part 4 on or after 1 July 2022 (s 21). This places temporal limits on the exercise of certain transfer powers.
State duties and protections
Liability reallocation: If an individual employed by the operator is protected from civil liability because of s 45, that liability attaches instead to the State (s 45(3)). The Act also states that nothing done under Part 4 makes a relevant entity liable for a civil wrong or contravention, or in breach of instruments, except as expressly provided under a transfer notice (s 22(1)-(2)). This both constrains and clarifies the State’s ongoing exposures.
Employee rights and duties
Transfer and preservation: Eligible employees listed and signed by the chief executive become employees of the operator on commencement and cease public service employment (s 25). Their benefits and entitlements, including superannuation and leave, are not to be prejudiced and continuity of service is preserved for most purposes (s 26).
Right to return: Eligible employees have a statutory right to elect within 12 months to return to being a public service employee; on return, their service is taken to have continued (s 27-28).
Public and users’ rights and duties
Fee-paying obligations: Persons using registry services must pay fees for matters listed in Schedule 1 and set under the operator’s decisions after 1 July 2022 subject to CPI caps (s 12-13). Fees are debts owed to the operator (s 11(2)). If delegations are revoked, fees for services performed after the revocation day are payable to the State (s 17(3)).
Rights to information and records: The operator is a public authority under information and records laws “to the extent” it is performing titles registry functions, and the chief executive must include performance information in the department’s annual report (s 41; s 39). The operator must publish fee amounts and give officials written notice of fees (s 14).
Administrative rights and limits
Administrator appointment: The Minister may appoint an administrator to act in the operator’s place if necessary; the administrator has full responsibilities and can revoke subdelegations (s 34-35). The operator must assist the administrator and must pay administration costs, recoverable by the State as a debt (s 36-37).
Limitation on review: Decisions to give directions under s 33 and appointments of an administrator under s 34 are final and conclusive, not subject to Judicial Review Act part 4 review, and not otherwise challengeable, except to the extent affected by jurisdictional error (s 40). This constrains the remedies available against those administrative decisions.
Other statutory duties and immunities
Exchange and use of personal information between operator and officials is authorised in pursuit of functions (s 43(3)-(5)).
No duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice (s 23).
The operator and its employees are subject to obligations under relevant State Acts when performing titles registry functions, including the Crime and Corruption Act, Information Privacy Act, Public Records Act, Right to Information Act and Human Rights Act, as specified (s 41).
Collectively these duties and rights reconfigure where operational control, financial entitlement and legal responsibility lie for titles registry functions: operational authority is vested in the operator while statutory oversight, some liabilities and public-law obligations remain with or attach to the State and its officials in specified ways.
Penalties and enforcement
The Act allocates enforcement mechanisms and limited penalty-making power while also creating protections that affect civil liability and administrative remedies. Enforcement operates through a mix of statutory powers, administrative remedies, reporting obligations, debt recovery and, where enacted, regulation-based offences.
Regulation and penalties
Regulation-making power: The Governor in Council may make regulations under the Act and a regulation may prescribe a maximum penalty of 20 penalty units for contravention of a regulation (s 47(1)-(2)). The text does not itself create offence provisions with quantifiable penalties except by enabling regulation; therefore enforcement by criminal or statutory penalty will depend on subsequent regulations made under this provision.
Debt recovery and financial enforcement
Titles registry amounts are debts owing to the operator (s 11(2)). That creates a contract/debt-recovery pathway for the operator to pursue unpaid fees through ordinary commercial or civil processes. The operator’s entitlement to money separate from the consolidated fund also changes the fiscal enforcement landscape: collecting and enforcing fees is within the operator’s commercial remit (s 8(1)(b); s 11).
The State may recover as a debt costs unpaid by the operator that relate to an appointed administrator’s performance (s 37(3)). That provides a direct statutory enforcement route to recoup administrative costs from the operator.
Administrative enforcement via directions and appointment powers
Official directions: Officials may issue directions to the operator to ensure proper performance or to preserve register integrity (s 33). Although the Act does not create a specific penalty for noncompliance, it contemplates that arrangements between the State and the operator may deal with consequences of noncompliance with a direction (s 33(5)). Those arrangements, which the Minister may decide under s 19, are the likely instrument to codify remedies, sanctions, or contract-based enforcement against the operator for noncompliance.
Administrator appointment: The Minister may appoint an administrator to act in place of the operator if necessary to ensure proper performance (s 34). Appointment of an administrator is an enforcement/contingency mechanism that displaces the operator and places operational control in a ministerially appointed administrator (s 34-35). The operator bears the costs of administration and risks public disclosure of appointment (gazettal requirement, s 34(3); costs payable by operator, s 37(1)).
Limits on judicial review and legal contestability
Limitation on review: The Act restricts merits and some judicial review of decisions to give directions and to appoint an administrator. Judicial Review Act part 4 does not apply to those decisions, which are declared final and conclusive and not subject to challenge, appeal, review or declaratory/injunctive relief, except to the extent they are affected by jurisdictional error (s 40). That reduces the scope for courts to intervene directly in those executive measures except on jurisdictional grounds.
Transfer notices: Transfer notices have effect despite any other law or instrument (s 20(5)), and can discharge State liabilities on transfer except as stated in the notice (s 20(4)). The transfer notice mechanism is framed to be self-executing and insulated from inconsistent legal instruments unless a transfer notice expressly provides otherwise.
Civil liability adjustments and protections
Protection from civil liability: Persons employed by the operator are not civilly liable for acts or omissions honestly made and without negligence in performing statutory operator functions (s 45(1)). Administrators have the same protection for acts done honestly and without negligence under Part 6 Division 4 (s 45(2)). Where this protection prevents civil liability attaching to an individual, the liability instead attaches to the State (s 45(3)). This shifts enforcement of civil claims: litigants may find the State substituted as defendant in lieu of operator employees for certain claims, and operator personnel have a statutory immunity subject to the honesty and non-negligence threshold.
Information and disclosure obligations as enforcement instruments
Disclosure duties: The operator has an explicit duty to disclose to the official all information in its possession or control relating to a matter that is or may become the subject of proceedings, continuing until the matter is finally decided or otherwise ends (s 44). This duty can be an enforcement tool for officials seeking information in regulatory or litigated contexts. The Act creates reciprocal information exchange authorisations between operator and officials (s 43), including authorisation to disclose personal information as permitted under the Information Privacy Act (s 43(5)).
Other enforcement features
Registration and instrument update requirements: If a transfer notice makes provision for an instrument, the responsible entity for the instrument must take necessary action to register or record the effect of the transfer notice, including updating registers and amending, cancelling or issuing instruments (s 20(7)). That imposes practical obligations on responsible entities and provides a mechanism for ensuring transfer notices have effect in statutory registers.
Duties Act exemption: No duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice (s 23). That removes a potential financial enforcement or tax-collection mechanism with respect to transactions effected by transfer notices.
In sum, enforcement is a mixture of (a) administrative controls (directions and appointment of administrator), (b) statutory debt and obligations (titles registry amounts and debt recovery), (c) protections and substitutions of civil liability (s 45), and (d) a delegated regulatory penalty power (regulation-making power with up to 20 penalty units) that requires regulations to be enacted before typical statutory offences and fines apply (s 47). The Act emphasizes administrative levers and statutory immunities over immediate criminal penalties within the primary text.
How it interacts with other laws
The Act is expressly framed to interoperate with an array of existing state legislation and to alter how certain legal regimes apply to an operator performing titles registry functions. It cross-references and specifies displacement and application points rather than attempting to recreate the substantive law of other Acts.
Titles registry Acts and related land/water laws
Delegation and performance: The Act contemplates titles registry functions delegated under “titles registry Acts” and defines titles registry function to include registrar of titles functions under a titles registry Act and registrar of water allocations functions under the Water Act 2000 (s 5). The Act applies to titles registry Acts whether or not those Acts expressly provide for this Act to make provision about fees and functions (s 12(5); s 17(4)). Schedule 1 and its parts reference the Land Act 1994 and Land Title Act 1994 for the matters and fees to be payable (s 12; sch 1 provisions).
Fees under other Acts: The operator’s entitlement to collect fees includes fees and charges under agreements made under the Land Act 1994 s 285A or the Land Title Act 1994 s 198A (s 11(1)(b)). If delegations are revoked the Act provides that these fees and charges are to be paid to the State (s 18).
Information, privacy and records laws
Public authority status: The Act declares that to the extent the operator is performing a titles registry function, it is a unit of public administration under the Crime and Corruption Act 2001 s 20, a public authority under the Information Privacy Act 2009 s 21, a public authority under the Public Records Act 2023 s 8, and a public authority under the Right to Information Act 2009 s 16 (s 41(1)). The operator is also a public entity under the Human Rights Act 2019 s 9 to the extent it performs titles registry functions or other public functions (s 41(2)). These designations subject the operator to corresponding duties and obligations (e.g. privacy, records management, right to information, human rights obligations) but the Act qualifies those designations to documents “received, created or otherwise in the possession of the operator in performing the titles registry function” (s 41(3)).
Information exchange authorisation: Section 43 authorises the exchange of information between officials and the operator, including the use and disclosure of personal information under the Information Privacy Act 2009 (QPP 6.2(b)), and section 44 imposes a duty to disclose information in relation to matters that are or may become the subject of proceedings. These provisions create statutory gateways for data-sharing that operate within the scope of privacy and right-to-information obligations defined by the referenced statutes.
Corporations Act and Crime and Corruption Act interface
Corporations displacement: Section 42 declares particular Crime and Corruption Act provisions to be Corporations legislation displacement provisions for the Corporations Act s 5G in relation to s 1317AAE of the Corporations Act. This signals that certain Crime and Corruption Act provisions will displace otherwise applicable Corporations Act rules concerning those topics as they apply to the operator as a unit of public administration. The Act does not alter the Corporations Act generally but identifies specific displacement to address interaction between corporate governance and public administration oversight.
Duties Act and taxation/interests
No duties payable: Section 23 provides expressly that no duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice. That creates a tax or duty exemption for transfer notices under the Act and thereby interacts directly with fiscal regimes that would otherwise capture such transfers.
Judicial review and administrative law
Limitation on Judicial Review: Section 40 limits the application of the Judicial Review Act 1991 part 4 to certain decisions (official directions under s 33 and ministerial administrator appointments under s 34), declaring those decisions final and conclusive and not subject to challenge except on jurisdictional error (s 40(2)-(4)). That restricts the normal administrative law remedy pathways for challenging those specific administrative actions. The Act preserves review for jurisdictional error under Judicial Review Act part 5.
Other Acts referenced and scope
The Act expressly applies “despite a provision of an Act mentioned in subsection (1) or (2)” when describing the operator’s status as public authority under other Acts (s 41(5)), indicating that those designations prevail even if the other Acts contain inconsistent provisions.
The Act interacts with the Electronic Conveyancing National Law (Queensland) by permitting the operator to act as agent for the State or official in functions under that law (s 46(b)).
Instrument and register effects
Transfer notices can make provision about instruments generally (including accreditations, licences, agreements, notices and manuals) and can require or provide for the responsible entity to take steps to register, record or amend instruments (s 20(1)(f); s 20(7)). The Act therefore intersects with substantive instruments under multiple Acts and imposes procedural obligations on responsible entities to give effect to transfer notices in statutory registers.
Transitional and regulatory consequences
Repeal of regulations: The Act repeals the Foreign Ownership of Land Register Regulation 2013 and the Land Title Regulation 2015 (s 48). Transitional provisions (s 49-50) preserve the State’s entitlement to fees or their recovery in certain pre-commencement circumstances.
Overall, the Act does not operate in isolation. It expressly draws particular regimes into the operator’s regulatory perimeter for the period in which titles registry functions are performed by the operator, modifies obligations under duties/tax regimes for transfer notices, carves out administrative law review limits, and sets the mechanics for instruments and registers across multiple statutes to be updated to reflect transfers effected under this Act. Practitioners working at the intersection of land law, corporate law, administrative law, privacy, and public records will need to map how individual statutory duties shift when the operator is performing titles registry functions.
Amendment history
The text of the Act as provided includes editorial amendment notes and specific references to prior amending instruments linked to sections within the Act. These notes are embedded in the section lines and provide a trace of recorded amendments affecting particular provisions. The Act’s own commencement and amendment entries are as follows.
Commencement and citations
Short title: The Act may be cited as the Queensland Future Fund (Titles Registry) Act 2021 (s 1). The section record contains an amendment notation: “s 1 amd 2021 No. 12 s 143”, indicating an amending instrument associated with 2021 No. 12 s 143 as recorded in the text.
Commencement timing
Section 2 contains commencement timing for Part 19 on 1 January 2022, and states that any other provisions not in force on 1 July 2021 commence on a day fixed by proclamation. The marginal note references “s 2 sub 2021 No. 12 s 144” and repeats the two subsections regarding Part 19 and other provisions, showing recorded changes tied to 2021 No. 12 s 144.
Amendment notations within specific sections
Section 4 (definitions) contains “s 4 amd 2021 No. 12 s 145”, which indicates an amendment associated with that instrument.
Section 41 (Application of particular State Acts) shows a substantive amendment record: “s 41 amd 2023 No. 33 s 107 sch 5 ; 2023 No. 32 s 141 sch 1 pt 2”. This signals that s 41 was amended by instruments recorded as 2023 No. 33 and 2023 No. 32 with specified schedules and parts. Those amendment notes appear within the text adjacent to s 41 and presumably relate to the operator’s status under other Acts.
Section 45 has “s 45 amd 2022 No. 34 s 365 sch 3” recorded, indicating an amendment made by the 2022 instrument numbered 34.
Section 43 contains “s 43 amd 2023 No. 32 s 141 sch 1 pt 2”, showing an amendment entry in the Act’s marginal note.
Other marginal notes
Several sections repeat marginal notes indicating the statutory source or amendment instrument (for example s 3 had repeats of paragraphs and the “sec.-ssec” lines). The schedule parts also contain definitions and structure articulations.
Expiry entries
There is a note for section 51: “s 51 exp 18 June 2022 (see s 51(4))”. The presence of an expiry note indicates that at least one provision had a sunset or expiry date recorded within the Act, although s 51 itself is not included in the provided body beyond that marginal notation. Practitioners should consult the consolidated statute to confirm the current status of any expiring provisions.
Repeals and transitional adjustments
Section 48 repeals two regulations: Foreign Ownership of Land Register Regulation 2013 SL No. 152 and Land Title Regulation 2015 SL No. 145. The repeal itself is part of the Act and therefore represents a legislative structural change at commencement (s 48).
How to read these amendment notes
The textual notes in the supplied Act are the Act’s internal editorial references to amending instruments by year and number, identifying which other legislative instruments altered a given section. They do not provide the content of those amendments in the supplied excerpt beyond where the amended text is presented; to see the precise prior wording or the amending instrument text, one must consult the relevant Gazette or consolidated legislative database. The presence of specific amendment references for s 41, s 43 and s 45 shows the Act has been adjusted at least in 2022 and 2023 in the areas of liability, information exchange and the operator’s status under other Acts.
What the Act itself says about future regulations and amendments
The Act empowers the Governor in Council to make regulations (s 47), and those regulations can prescribe penalties of up to 20 penalty units (s 47(2)). Any change to the fee regime for post-revocation fees is also via regulation specificity under s 17(2)(a). The Minister’s transfer powers under s 20 contemplate referencing other documents signed by the Minister and kept available for inspection, which potentially operationalises amendments through subordinate instruments or administrative documents rather than primary legislation.
In short, the supplied text includes annotated amendment references for particular sections (notably 2021, 2022 and 2023 amending instruments in the marginal notes), repeal provisions for two regulations, and an explicit regulation-making power for future subordinate law. For a precise legislative history, including the content of amending instruments and the exact dates they took effect, consult the consolidated official statute and the referenced amending instruments identified in the marginal notes.
Litigation history
The supplied Act text contains no references to court decisions, statutory interpretation cases, or litigation outcomes. There are no case citations nor any mention of judicial determinations construing the Act’s provisions included in the text provided.
What the Act does indicate about litigation pathways and constraints
The Act gives the Minister power to make transfer notices that can provide for legal proceedings to be continued or taken by or against the operator instead of the State (s 20(1)(e)). That mechanism could shift litigation parties or defendants from the State to the operator as a matter of statutory instrument.
The Act limits opportunities for judicial review of certain administrative actions. Specifically, decisions to give directions under s 33 and appointments of an administrator under s 34 are excluded from the Judicial Review Act 1991 part 4 and are declared final and conclusive and not otherwise challengeable, “subject to” the Judicial Review Act part 5 insofar as the decision is affected by jurisdictional error (s 40). This restricts the scope for judicial remedies and will influence litigation strategy where parties might otherwise seek relief against such decisions.
The Act also substitutes the State as the potential defendant where operator employees enjoy statutory immunity for honest, non-negligent acts (s 45). That substitution could change claim administration, causation proof strategies and procedural considerations in civil litigation.
Absence of reported litigation in the text
Because the provided text does not include any judgments, references to cases, or litigation references, the Act as presented does not disclose a litigation history. Practitioners requiring an empirical litigation history or judicial interpretations need to consult court databases, law reports and consolidated statutory notes external to this Act text.
Implication for practitioners
The Act contains several provisions with direct litigation implications (transfer of proceedings, substitution of defendants, limits on review), but the practical litigation history , how courts have applied these provisions, whether they have been upheld when challenged, and how courts construe “jurisdictional error” in this context , is not available in the supplied material. Where litigation strategy depends on the reviewability or liability allocation under this Act, lawyers should seek updated case law and authoritative commentary beyond the Act text.
Gotchas
The Act contains several provisions and drafting choices that can produce surprising legal effects or operational complications if not actively managed. These are concrete traps, constraints and nuanced rules that parties and advisers should watch for.
Titles registry amounts not part of consolidated fund
Titles registry amounts collected by the operator do not form part of the consolidated fund and are debts owing to the operator (s 11(2)). That means revenue that formerly fed general government accounts will be retained by the operator. The practical implications are fiscal: budget presentations, cost recoveries and future public revenue calculations need to account for this segregation. The Act allows revocation events to reverse some fee flows (s 17), so practitioners must monitor delegation status carefully.
Operator-determined fees with CPI caps and notice timing
From 1 July 2022 the operator decides fee amounts subject to a CPI-indexing cap and must give officials written notice and publish amounts at least 30 business days before the start of each financial year (s 13-14). The CPI-indexing rule uses a specific formula tied to March quarters and the Brisbane all groups CPI (s 13). Miscalculating the CPI-indexed cap or failing to publish within the required period could lead to disputes or perceived noncompliance. Also, fee-setting discretion lies with the operator within the statutory cap, opening commercial incentives to raise prices up to the cap.
Transfer notices operate “despite any other law or instrument”
Transfer notices have effect despite any other law or instrument (s 20(5)). If a transfer notice purports to change who holds rights under an instrument, the notice can require the responsible entity to update registers (s 20(7)). That is a strong statutory override and may produce discontinuities between pre-existing private contractual restrictions (such as anti-assignment provisions) and the statutory operation of the transfer. The Act tries to insulate the State/operator by stating that, generally, nothing done under Part 4 makes a relevant entity liable for a civil wrong or breach, except as expressly provided in a transfer notice (s 22(1)-(2)). Parties affected by a transfer notice should check whether a notice expressly handles their instrument or provides for consideration or discharge of liabilities (s 20(1)(c)-(f)).
Limitation on Judicial Review for directions and administrator appointments
Official directions under s 33 and appointments of administrators under s 34 are excluded from the Judicial Review Act part 4 and declared final and conclusive, limiting ordinary judicial review (s 40(2)-(3)). Only jurisdictional error review remains (s 40(4)). This constrains relief options and elevates the importance of internal administrative remedies, contractual arrangements dealing with noncompliance, and anticipatory negotiation over directions and administrator conditions.
Immunity for operator employees shifts liability to the State
Employees of the operator and appointed administrators are not civilly liable for honest and non-negligent acts in performing operator functions (s 45(1)-(2)). If that immunity prevents civil liability attaching to these individuals, the liability attaches to the State (s 45(3)). Claimants thus risk finding the State as the defendant, with associated procedural and practical implications. Conversely, public interest litigants may find it harder to sue operator personnel directly.
Temporal limits on Minister’s transfer powers
The Minister may not perform a function under Part 4 on or after 1 July 2022 (s 21). That time bar means key transfer mechanics had a cut-off, after which certain ministerial transfer actions are unavailable under this Part. Parties must check whether relevant transfer notices were made before the cutoff, and whether other instruments or arrangements were used subsequently.
Employee list formalities and right-to-return window
Eligible employees are defined by a list signed by the chief executive and made available for inspection at the department head office (s 24). That administrative formality could create disputes about eligibility if employees are omitted or disputes arise over the list’s content or accessibility. Eligible employees have a 12‑month window to elect to return to the public service (s 27), and on return are treated as having continuous service (s 28). Failure to advise employees of the right or miscommunicating the timing could give rise to industrial claims.
Subdelegation transparency limited to officials
The operator must maintain a register of subdelegations and make it available to an official on request (s 10). The register is not required to be publicly available except at the operator’s discretion. This limited transparency may pose issues for external parties attempting to understand decision-making chains and to identify who holds delegated powers.
Information disclosure duties can implicate privacy and privilege
Section 44 imposes a duty on the operator to disclose all information about matters that are or may become the subject of proceedings to the official. This continues until final decision or until the matter is no longer in effect (s 44(3)-(4)). The duty excludes matters where the operator is party to the proceeding (s 44(2)). This statutory disclosure duty may intersect awkwardly with legal professional privilege, confidentiality obligations and privacy protections; counsel should assess how these duties and protections interact in specific cases.
Regulation-making and revocation consequences
If all delegations are revoked, Part 3 divisions stop applying (s 16) and fees revert to being payable to the State, possibly prescribed by regulation or reverting to amounts in force at the revocation day (s 17). The revocation mechanism (s 15-18) can materially change who collects fees overnight. Entities and users should track Gazette notices and revocation days.
Responsible entities must implement instrument changes on transfer
When a transfer notice affects instruments the responsible entity must update registers and amend, cancel or issue instruments (s 20(7)). Failure by responsible entities to comply with this administrative obligation may leave instruments out of step with the statutory transfer and create legal risk.
No Duties Act charge on transfers
No duty under the Duties Act 2001 is payable in relation to transfer notices (s 23). The absence of duty obligations may be a cost saving but also removes a source of revenue or statutory control often associated with transfer taxation.
In short, the Act contains potent administrative instruments and protective immunities that favour strong executive action and operational continuity but also create non-obvious legal consequences for liability allocation, information obligations, fee regimes, and reviewability. Parties should track Gazette notices, the operator’s published fees, the eligible employees’ list, and any contracts or instruments that might be affected by a transfer notice.
How to comply
Compliance under this Act requires coordinated steps by the operator, the State and its officials, eligible employees, responsible entities for instruments, and third parties using registry services. Below are concrete, actionable compliance items grounded in the Act’s provisions.
For the operator (Queensland Titles Registry Pty Ltd)
Corporate constitution: Ensure the operator’s constitution under the Corporations Act explicitly includes the functions in s 8(1) and is not inconsistent with those functions (s 9(1)-(2)). Update governance documents to reflect statutory duties.
Fee-setting and publication: For each financial year starting 1 July 2022, decide fee amounts for matters in Schedule 1 in accordance with the CPI-index cap in s 13. Calculate CPI indexing using the Brisbane all groups CPI and the specific March quarter comparisons prescribed (s 13(3)). Publish amounts and give written notice to each official at least 30 business days before the start of the financial year (s 14). Maintain records of the CPI calculation and the notice/publication process to show compliance.
Register of subdelegations: Maintain a register of subdelegations for delegated titles registry functions. Record subdelegate names/titles, descriptions of functions subdelegated, and any conditions (s 10(2)). Make the register available for inspection on request by an official (s 10(4)).
Records and public law obligations: When performing titles registry functions, manage documents in line with obligations under the Information Privacy Act, Right to Information Act, Public Records Act and Human Rights Act as those apply “to the extent” the operator is performing titles registry functions (s 41). Put procedures in place for handling information requests, privacy obligations and recordkeeping.
Information exchange and disclosure: Establish protocols to respond to information requests from officials under s 43, and implement procedures to comply with the duty to disclose information that is or may become the subject of proceedings (s 44). Assess legal professional privilege and confidentiality concerns before disclosure and document legal bases for disclosure decisions.
Subdelegation and staff training: Ensure all employees understand the operator’s functions. Provide training and policies to ensure acts are done honestly and without negligence, noting statutory immunity thresholds (s 45).
Prepare for and cooperate with an administrator: If the Minister appoints an administrator under s 34, provide reasonable help as required (s 36), and prepare to account for administration costs, including remuneration at a rate decided by the Minister (s 37(2)). Maintain financial records to demonstrate ability to meet cost recovery obligations.
For State officials and Ministers
Monitoring and directions: Officials must monitor and review operator performance in a manner they consider appropriate (s 31). Where necessary, give directions in writing (or orally with written confirmation in emergencies) under s 33, ensuring directions are limited to the statutory purposes in s 33(2). Keep formal records of direction issuance, reasons, and compliance follow-up.
Drafting arrangements and transfer notices: The Minister deciding arrangements under s 19 should carefully document proposed transfers of shares, assets, liabilities, and instruments. Transfer notices (gazette notices) must be drafted with precision to specify successor-in-law status, consideration, responsibilities for ongoing proceedings, and any conditions (s 20). The responsible entity for an instrument must be provided with clear instructions and timeframes to undertake required registration changes (s 20(7)).
Employee transfers and eligible lists: The chief executive of the department (land titles) must prepare the list of eligible employees, sign it, and make it available for inspection at the head office as required by s 24. Ensure employees are notified of transfer and of their right to return within 12 months (s 27). Facilitate seamless movement of employment records to the operator as required by s 25 and ensure preserved entitlements and continuity of service provisions are observed (s 26-28).
Reporting and annual report obligations: The chief executive must ensure the department’s annual report includes information about the operator’s performance and any appointment of an administrator (s 39). Request and maintain performance information from the operator as needed (s 39(3)).
For eligible employees
Check eligibility list and understand rights: Confirm your name appears on the eligible employee list signed by the chief executive and inspect the list at the department head office if necessary (s 24). Expect transfer to the operator on commencement and that employment records relating to you will become operator records (s 25).
Preserve entitlements and return rights: Understand that your benefits, superannuation and leave are protected and continuity of service is preserved for return purposes, but you may not claim the same period of service twice (s 26). If you wish to return to the public service, you must give written notice to the operator’s chief executive within 12 months of commencement (s 27). On return, ensure the public service treats your service as continuous and restores terms subject to changes in law or industrial instruments (s 28).
For responsible entities and third parties holding instruments
Monitor transfer notices and register updates: Track gazette notices and any transfer notices under s 20. If a transfer notice affects an instrument, be ready to take necessary action to register or record effects, including updating registers and amending, cancelling or issuing instruments (s 20(7)). Ensure internal systems are ready to implement such mandated changes.
Fee compliance: Pay fees for matters in Schedule 1 to the operator once the operator is collecting titles registry amounts (s 11; s 12). If delegations are revoked and s 17 applies, be aware that fees for services performed after revocation day are payable to the State and may be prescribed by regulation; confirm the payee before remitting fees.
For counsel and compliance advisers
Check temporal limits and revocation risks: Note s 21 (Minister may not act under Part 4 on or after 1 July 2022) and the revocation regime in s 15-18. Confirm whether delegations remain in force and review any relevant gazette notices to assess whether fees will be payable to the operator or the State.
Understand limits on review and liability substitution: Where advising on potential challenges to directions or administrator appointments, assess jurisdictional error grounds because the Act limits other avenues of review (s 40). In civil claims involving operator employees, take account of statutory immunity and the State’s substitution as defendant under s 45(3).
Coordinate disclosure and privilege analysis: When the operator is required to disclose information under s 44, advise on the interaction with legal professional privilege and privacy obligations and document the legal bases for disclosure decisions.
Recordkeeping and audit
Maintain comprehensive records: For all actors maintain contemporaneous records of fee notices (s 14), subdelegation registers (s 10), direction issuance and compliance (s 33), transfer notices and associated gazette publications (s 20), and employee transfer consents and return notices (s 25-27). These records will be needed for audit, annual reporting (s 39), dispute resolution and to demonstrate compliance with statutory duties.
In all cases, compliance must be tailored to the specific element of the Act that applies: fee-setting and publication; subdelegation transparency; transfer notice implementation; employee rights and obligations; official directions; administrator appointments; and statutory information exchanges. Because the Act permits the Governor in Council to make regulations (s 47) and contemplates arrangements and subordinate documents (s 19-20), parties should also monitor subordinate instruments and administrative arrangements that implement and operationalise the Act’s provisions.
(a) declaring an entity in which the State has a financial interest to be the entity to whom functions relating to the land registry or water allocations register may be delegated under an Act; and
(b) providing for the transfer of assets, liabilities, rights, responsibilities, obligations, operations and employees to the entity; and
(c) providing for the entity to collect and keep fees and other amounts relating to the land registry or water allocations register.
(a) to ensure the entity mentioned in subsection (2) (a) properly performs the functions delegated to the entity under an Act; and
(b) to ensure the accuracy, availability, integrity and security of each register in the land registry and the water allocations register are not compromised by the delegation of functions to the entity mentioned in subsection (2) (a) under an Act.
pt.1-div.2 Interpretation
Interpretation
sec.4 Definitions
sec.4 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
s 4 amd 2021 No. 12 s 145
sec.5 Meaning of titles registry function
sec.5 Meaning of titles registry function
A titles registry function is any of the following functions—
the functions of the registrar of titles under a titles registry Act that may be delegated to the operator under a titles registry Act;
the functions of the registrar of water allocations under the Water Act 2000 that may be delegated to the operator under that Act.
(a) the functions of the registrar of titles under a titles registry Act that may be delegated to the operator under a titles registry Act;
(b) the functions of the registrar of water allocations under the Water Act 2000 that may be delegated to the operator under that Act.
sec.6 References to functions
sec.6 References to functions
In this Act—
a reference to a function includes a power; and
a reference to performing a function includes exercising a power.
(a) a reference to a function includes a power; and
(b) a reference to performing a function includes exercising a power.
pt.2 Operator
Operator
sec.7 Declaration of operator
sec.7 Declaration of operator
Queensland Titles Registry Pty Ltd ACN 648 568 101 is declared to be the operator for this Act.
sec.8 Functions
sec.8 Functions
The operator has the following functions—
to perform titles registry functions delegated to the operator, or other functions given to the operator, under a titles registry Act;
to decide, collect and keep titles registry amounts;
to act as the agent for the State or an official under an arrangement under section 46 ;
to identify and pursue commercial arrangements that are not inconsistent with a function mentioned in paragraph (a) , (b) or (c) .
The operator may perform another function, or carry out an activity, only if the function or activity is not inconsistent with a function mentioned in subsection (1) .
(sec.8-ssec.1) The operator has the following functions— to perform titles registry functions delegated to the operator, or other functions given to the operator, under a titles registry Act; to decide, collect and keep titles registry amounts; to act as the agent for the State or an official under an arrangement under section 46 ; to identify and pursue commercial arrangements that are not inconsistent with a function mentioned in paragraph (a) , (b) or (c) .
(sec.8-ssec.2) The operator may perform another function, or carry out an activity, only if the function or activity is not inconsistent with a function mentioned in subsection (1) .
(a) to perform titles registry functions delegated to the operator, or other functions given to the operator, under a titles registry Act;
(b) to decide, collect and keep titles registry amounts;
(c) to act as the agent for the State or an official under an arrangement under section 46 ;
(d) to identify and pursue commercial arrangements that are not inconsistent with a function mentioned in paragraph (a) , (b) or (c) .
sec.9 Operator’s constitution
sec.9 Operator’s constitution
The operator’s constitution under the Corporations Act must include the functions of the operator mentioned in section 8 (1) .
The operator must ensure its constitution under the Corporations Act is not inconsistent with a function of the operator mentioned in section 8 (1) .
(sec.9-ssec.1) The operator’s constitution under the Corporations Act must include the functions of the operator mentioned in section 8 (1) .
(sec.9-ssec.2) The operator must ensure its constitution under the Corporations Act is not inconsistent with a function of the operator mentioned in section 8 (1) .
sec.10 Register of subdelegations by operator
sec.10 Register of subdelegations by operator
The operator must keep a register of subdelegations by the operator of a titles registry function delegated to the operator under a titles registry Act.
The register of subdelegations must include the following information for each subdelegation—
the name of the person, or the title of the office of the person, to whom the titles registry function is subdelegated;
a description of the titles registry function subdelegated and any conditions to which the subdelegation is subject.
The operator may—
include any other information in the register of subdelegations the operator considers appropriate; and
keep the register in the form the operator considers appropriate.
The operator must make the register of subdelegations available for inspection on request by an official.
(sec.10-ssec.1) The operator must keep a register of subdelegations by the operator of a titles registry function delegated to the operator under a titles registry Act.
(sec.10-ssec.2) The register of subdelegations must include the following information for each subdelegation— the name of the person, or the title of the office of the person, to whom the titles registry function is subdelegated; a description of the titles registry function subdelegated and any conditions to which the subdelegation is subject.
(sec.10-ssec.3) The operator may— include any other information in the register of subdelegations the operator considers appropriate; and keep the register in the form the operator considers appropriate.
(sec.10-ssec.4) The operator must make the register of subdelegations available for inspection on request by an official.
(a) the name of the person, or the title of the office of the person, to whom the titles registry function is subdelegated;
(b) a description of the titles registry function subdelegated and any conditions to which the subdelegation is subject.
(a) include any other information in the register of subdelegations the operator considers appropriate; and
(b) keep the register in the form the operator considers appropriate.
pt.3 Titles registry amounts
Titles registry amounts
pt.3-div.1 Entitlement to collect and keep
Entitlement to collect and keep
sec.11 Amounts operator may collect and keep
sec.11 Amounts operator may collect and keep
The operator is entitled to collect and keep the following amounts (each a titles registry amount )—
titles registry fees;
fees and charges applying under an agreement under—
the Land Act 1994 , section 285A ; or
the Land Title Act 1994 , section 198A .
A titles registry amount—
does not form part of the consolidated fund; and
is a debt owing to the operator.
(sec.11-ssec.1) The operator is entitled to collect and keep the following amounts (each a titles registry amount )— titles registry fees; fees and charges applying under an agreement under— the Land Act 1994 , section 285A ; or the Land Title Act 1994 , section 198A .
(sec.11-ssec.2) A titles registry amount— does not form part of the consolidated fund; and is a debt owing to the operator.
(a) titles registry fees;
(b) fees and charges applying under an agreement under— (i) the Land Act 1994 , section 285A ; or (ii) the Land Title Act 1994 , section 198A .
(i) the Land Act 1994 , section 285A ; or
(ii) the Land Title Act 1994 , section 198A .
(i) the Land Act 1994 , section 285A ; or
(ii) the Land Title Act 1994 , section 198A .
(a) does not form part of the consolidated fund; and
(b) is a debt owing to the operator.
pt.3-div.2 Titles registry fees
Titles registry fees
sec.12 Titles registry fees
sec.12 Titles registry fees
This section applies in relation to a titles registry function performed under a titles registry Act.
The matters for which a fee is payable under the titles registry Act in relation to the titles registry function are provided for under schedule 1 .
The amount of a fee for a matter mentioned in schedule 1 for a financial year (the relevant financial year ) is—
for the financial year starting on 1 July 2021—the amount stated in schedule 1 for the matter; or
for the financial year starting on 1 July 2022 or later—the amount decided under section 13 for the relevant financial year.
A fee for a matter mentioned in schedule 1 and applying under subsection (3) is a titles registry fee .
This section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.
This section does not affect the operation of any provision of a titles registry Act that provides—
that no titles registry fee, or a reduced titles registry fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or
that the whole or a part of a titles registry fee may be waived for a stated entity, a stated matter or in stated circumstances.
(sec.12-ssec.1) This section applies in relation to a titles registry function performed under a titles registry Act.
(sec.12-ssec.2) The matters for which a fee is payable under the titles registry Act in relation to the titles registry function are provided for under schedule 1 .
(sec.12-ssec.3) The amount of a fee for a matter mentioned in schedule 1 for a financial year (the relevant financial year ) is— for the financial year starting on 1 July 2021—the amount stated in schedule 1 for the matter; or for the financial year starting on 1 July 2022 or later—the amount decided under section 13 for the relevant financial year.
(sec.12-ssec.4) A fee for a matter mentioned in schedule 1 and applying under subsection (3) is a titles registry fee .
(sec.12-ssec.5) This section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.
(sec.12-ssec.6) This section does not affect the operation of any provision of a titles registry Act that provides— that no titles registry fee, or a reduced titles registry fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or that the whole or a part of a titles registry fee may be waived for a stated entity, a stated matter or in stated circumstances.
(a) for the financial year starting on 1 July 2021—the amount stated in schedule 1 for the matter; or
(b) for the financial year starting on 1 July 2022 or later—the amount decided under section 13 for the relevant financial year.
(a) that no titles registry fee, or a reduced titles registry fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or
(b) that the whole or a part of a titles registry fee may be waived for a stated entity, a stated matter or in stated circumstances.
sec.13 Deciding amount of titles registry fees
sec.13 Deciding amount of titles registry fees
The operator must decide the amount of the fee for a matter mentioned in schedule 1 for a financial year, starting with the financial year starting on 1 July 2022.
The amount of a fee decided under subsection (1) for a matter for a financial year (the relevant financial year ) must not be more than—
for the relevant financial year starting on 1 July 2022—the amount of the fee for the matter stated in schedule 1 , CPI indexed for the relevant financial year; or
for a relevant financial year starting on 1 July 2023 or later—the amount of the fee for the matter for the previous financial year, CPI indexed for the relevant financial year.
In this section—
CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.
CPI indexed , for a financial year (the relevant financial year ), means the addition of any amount t
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