Australian Capital Territory
Registration of Deeds Act 1957
A1957-13
Republication No 9
Effective: 27 April 2016
Republication date: 27 April 2016
Last amendment made by A2016-18
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Registration of Deeds Act 1957 (including any amendment made
under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 April 2016. It
also includes any commencement, amendment, repeal or expiry affecting this republished law
to 27 April 2016.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for
an individual and $750 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Registration of Deeds Act 1957
Contents
Page
1 Name of Act 2
2 Dictionary 2
2A Notes 2
3 General register of deeds 2
4 Registration of deeds 2
4A Priority according to registration 5
4B Mistakes in registration 5
5 Index 5
6 Searches 5
7 Certified copies 6
8 Determination of fees 6
9 Approved forms 6
Contents
Page
contents 2 Registration of Deeds Act 1957
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Dictionary 7
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 12
5 Earlier republications 14
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Australian Capital Territory
Registration of Deeds Act 1957
An Act providing for the registration of deeds and other documents
Section 1
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1 Name of Act
This Act is the Registration of Deeds Act 1957.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
2A Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
3 General register of deeds
The registrar-general must keep a register (the general register of
deeds) in the form the Minister directs.
4 Registration of deeds
(1) Subject to this section, a person may register a deed in the register—
(a) by depositing the deed with the registrar-general; or
(b) by producing the deed to the registrar-general and depositing
with the registrar-general a copy of the deed verified as a true
copy by the statement of a person who has compared the copy
with the original deed of which it purports to be a true copy; or
Section 4
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(c) if the person is unable to produce the deed to the registrar-
general by reason of the fact that the deed has been registered
by, or filed or deposited with, an officer of a State or Territory
under a law of that State or Territory—by depositing with the
registrar-general a copy of the deed, being a copy of the deed
certified as a true copy by the officer having the custody of the
deed, or being a copy of the deed that is, by virtue of the law of
the State or Territory under which the deed was so registered,
filed or deposited, evidence of the contents of the deed in the
State or Territory.
Note 1 A fee may be determined under s 8 (Determination of fees) for this
section.
Note 2 It is an offence to make a false or misleading statement, give false or
misleading information or produce a false or misleading document (see
Criminal Code, pt 3.4).
(2) A deed must not be registered under this Act by being deposited
with the registrar-general unless the deed, in the opinion of the
registrar-general—
(a) is legibly written; and
(b) is on paper of a size and standard approved by the
registrar-general; and
(c) will, if entered on the register, be, and continue to be, easily
readable.
(3) The registrar-general may refuse to accept the deposit, under
subsection (1) (b) or (c), of a copy of a deed if, in his or her opinion,
the copy—
(a) is not legibly written; or
(b) is not on paper of a size and standard approved by him or her;
or
(c) will not, if bound in the register, be, and continue to be, easily
readable.
Section 4
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(4) Where, in the copy of a deed, not being a copy which is, by virtue of
the law of the State or Territory under which the deed was
registered, filed or deposited, evidence of the contents of the deed in
the State or Territory, there is an interlineation, alteration or erasure,
the copy shall not be deposited with the registrar-general under
subsection (1) (b) or (c) unless—
(a) the interlineation or alteration, not being an alteration by
erasure, is authenticated by the initials of the person verifying
or certifying the copy as a true copy; and
(b) in the case of an erasure—the words or figures appearing, at
the time the copy was verified or certified to be a true copy, to
be written on the erasure are rewritten and signed or initialled
in the margin of the copy by the person verifying or certifying
it to be a true copy.
(5) Upon registering a deed in the register, the registrar-general shall
endorse on the registration copy of the deed a memorandum of the
registration of the deed and of the date and time of registration
and—
(a) shall, if the original deed has been produced to him or her but
has not been deposited with him or her, endorse such a
memorandum on the deed; or
(b) shall, if a copy of the deed has been deposited with him or her
under subsection (1) (c) and the person depositing the copy so
requests and produces to the registrar-general a further copy of
the deed duly verified to be a copy, endorse such a
memorandum on the further copy.
Section 4A
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4A Priority according to registration
(1) All deeds affecting any land, estate or interest in land, or other
property, in the Territory which are executed or made in good faith
and for valuable consideration and are registered under this Act,
shall have priority according to the sequence of their registration
only.
Note The Personal Property Securities Act 2009 (Cwlth) (PPS Act) regulates
certain interests in personal property. This Act has no effect to the
extent it is inconsistent with the PPS Act.
(2) A deed registered under this Act shall not lose any priority to which
it would otherwise be entitled by reason only of bad faith in the
conveying party if the party beneficially taking under that deed
acted in good faith and there was valuable consideration given.
4B Mistakes in registration
The registration of a deed under this Act shall not be defeated or
made ineffectual by reason of any omission, misdescription or error
if the identity of the deed is established and the requirements of this
Act have been substantially complied with in relation to the
registration of that deed.
5 Index
The registrar-general shall keep an index of deeds registered in, or
forming part of, the register.
6 Searches
A person may search in the index kept by the registrar-general under
section 5 and examine the registration copy of any deed registered in
the register.
Section 7
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7 Certified copies
The registrar-general shall, upon receipt of an application specifying
the particular deed, being a deed registered in the register, of which
the person making the application desires to have issued to him or
her a certified copy, issue to that person a copy of the registration
copy of the deed certified by the registrar-general to be a true copy
of the registration copy of the deed.
Note 1 A fee may be determined under s 8 (Determination of fees) for this
section.
Note 2 If a form is approved under s 9 (Approved forms) for an application, the
form must be used.
8 Determination of fees
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act 2001 contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act 2001.
9 Approved forms
(1) The registrar-general may, in writing, approve forms for this Act.
(2) If the registrar-general approves a form for a particular purpose, the
approved form must be used for that purpose.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
land
Minister (see s 162)
person (see s 160)
registrar-general.
deed includes any instrument or document, whether under seal or
not, other than—
(a) a will; or
(b) an instrument (not being a lease, or a sublease, for a term of
years not exceeding 3 years) that is in accordance with the
provisions of the Land Titles Act 1925 and purports to transfer
or otherwise deal with or affect an estate or interest in land
under the provisions of that Act; or
(c) a document that evidences, or purports to evidence, a change of
the name of a person.
the register means the general register of deeds.
registration copy means—
(a) in relation to a deed that is deposited with the registrar-general
upon the registration of the deed under this Act—the deed; and
(b) in relation to any other deed—the copy of the deed deposited
with the registrar-general upon the registration of the deed
under this Act.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
This Act was originally a Commonwealth ordinance—the Registration of Deeds
Ordinance 1957 A1957-13 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and repeal the
laws. This Act was converted into an ACT enactment on 11 May 1989 (self-
government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,
s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),
s 12).
Legislation before becoming Territory enactment
Registration of Deeds Act 1957 A1957-13
notified 21 November 1957
commenced 21 November 1957
as amended by
Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19
notified 23 December 1966
commenced 23 December 1966
Ordinances Revision (Administrative Arrangements) Ordinance 1977
Ord1977-18
notified 21 June 1977
commenced 21 June 1977
Registration of Deeds (Amendment) Ordinance 1977 Ord1977-49
notified 27 September 1977
commenced 3 October 1977
Registration of Deeds (Amendment) Ordinance 1978 Ord1978-25
notified 5 September 1978
commenced 3 October 1978
Endnotes
3 Legislation history
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Registration of Deeds (Amendment) Ordinance 1980 Ord1980-14
notified 15 May 1980
commenced 1 July 1980
Registration of Deeds (Amendment) Ordinance 1982 Ord1982-79
notified 1 October 1982
commenced 1 October 1982
Registration of Deeds (Amendment) Ordinance 1983 Ord1983-40
notified 29 September 1983
commenced 1 October 1983
Registration of Deeds (Amendment) Ordinance 1985 Ord1985-22
notified 7 June 1985
commenced 7 June 1985
Legislation after becoming Territory enactment
Registrar-General (Consequential Provisions) Act 1993 A1993-64
sch 1
notified 6 September 1993 (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))
sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)
Land Titles (Consequential Amendments) Act 1995 A1995-54 sch pt 1
notified 20 December 1995 (Gaz 1995 No S313)
sch pt 1 commenced 20 June 1996 (s 2)
Births, Deaths and Marriages Registration (Consequential
Provisions) Act 1997 A1997–113 sch
notified 24 December 1997 (Gaz 1997 No S420)
s 1, s 2 commenced 24 December 1997 (s 2 (1))
sch commenced 24 June 1998 (s 2 (2))
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 327
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 327 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Endnotes
Legislation history 3
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Registration of Deeds Amendment Act 2003 A2003-39
notified LR 8 September 2003
s 1, s 2 commenced 8 September 2003 (LA s 75 (1))
remainder commenced 9 September 2003 (s 2)
Powers of Attorney Act 2006 A2006-50 sch 2 pt 2.4
notified LR 30 November 2006
s 1, s 2 commenced 30 November 2006 (LA s 75 (1))
sch 2 pt 2.4 commenced 30 May 2007 (s 2 and LA s 79)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.86
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.86 commenced 12 April 2007 (s 2 (1))
Personal Property Securities Act 2010 A2010-15 sch 3 pt 3.3
notified LR 1 April 2010
s 1, s 2 commenced 1 April 2010 (LA s 75 (1))
sch 3 pt 3.3 commenced 30 January 2012 (s 2 (2) (b))
Red Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 12
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))
pt 12 commenced 7 November 2014 (s 2)
Red Tape Reduction Legislation Amendment Act 2016 A2016-18
sch 3 pt 3.39
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 3 pt 3.39 commenced 27 April 2016 (s 2)
Endnotes
4 Amendment history
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4 Amendment history
Name of Act
s 1 sub A2007-3 amdt 3.451
Dictionary
s 2 defs reloc to dict A2007-3 amdt 3.452
sub A2007-3 amdt 3.453
def determined fee ins Ord1984-40 s 4
om A2001-44 amdt 1.3604
def the Registrar om A1993-64 sch 1
Notes
s 2A ins A2007-3 amdt 3.453
General register of deeds
s 3 am Ord1977-18; A1993-64 sch 1
sub A2006-50 amdt 2.20
Registration of deeds
s 4 am Ord1966-19; Ord1977-49; Ord1978-25; Ord1980-14;
Ord1982-79; Ord1983-40; A1993-64 sch 1; A2001-44
amdt 1.3605, amdt 1.3606; A2007-3 amdt 3.454; A2014-47 s
20, s 21; A2016-18 amdt 3.179, amdt 3.180
Priority according to registration
s 4A ins Ord1985-22
am A2010-15 amdt 3.3
Mistakes in registration
s 4B ins Ord1985-22
Index
s 5 am A1993-64 sch 1
Searches
s 6 am Ord1966-19; Ord1977-49; A1993-64 sch 1
Certified copies
s 7 am Ord1966-19; Ord1977-49; Ord1983-40; A1993-64 sch 1;
A2001-44 amdts 1.3607-1.3610
Determination of fees
s 8 ins Ord1983-40
sub A2001-44 amdt 1.3611
Approved forms
s 9 ins A2001-44 amdt 1.3611
The Schedule
sch am A1993-64 sch 1
om A2001-44 amdt 1.3612
Endnotes
Amendment history 4
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Dictionary
dict ins A2007-3 amdt 3.455
def deed am A1993-64 sch 1; A1995-54 sch pt 1; A1997-113
sch; A2003-39 s 4
reloc from s 2 A2007-3 amdt 3.452
def the register reloc from s 2 A2007-3 amdt 3.452
def registration copy reloc from s 2 A2007-3 amdt 3.452