An Act to make Provision with respect to the Sale of Land, to amend the Local Government Act 1958, the Transfer of Land Act 1958, the Town and Country Planning Act 1961, and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title and commencement
(1) This Act may be cited as the Sale of Land Act 1962.
(2) This Act shall come into force on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette and any such proclamation may fix different days for the coming into operation of different sections of the Act.
S. 1(3) amended by Nos 9423 s. 2(1), 9858 s. 4(1), repealed by No. 48/1991 s. 56(1).
2 Definitions
(1) In this Act unless inconsistent with the context or subject-matter—
S. 2(1) def. of agricultural land inserted by No. 14/2019 s. 4(2).
agricultural land means land used primarily for agricultural or pastoral purposes, regardless of whether the land is also used for commercial or residential purposes;
arbitrator means a person appointed by the Governor in Council to be an arbitrator for the purposes of this Act;
S. 2(1) def. of Australian financial services licence inserted by No. 14/2019 s. 4(2).
Australian financial services licence has the same meaning as in Chapter 7 of the Corporations Act;
S. 2(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 67.1(a)).
authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;
S. 2(1) def. of inserted by No. 27/2001 s. 3(Sch. 1 item 12.1).
child
child of a person includes a child of the person's spouse or domestic partner;
S. 2(1) def. of conveyancer inserted by No. 75/2006 s. 192(Sch. 2 item 5.1).
conveyancer means a licensee under the Conveyancers Act 2006;
S. 2(1) def. of domestic partner inserted by No. 27/2001 s. 3(Sch. 1 item 12.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 54.1).
domestic partner of a person means—
(a) a person who is in a registered relationship with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
S. 2(1) def. of estate agent inserted by No. 14/2019 s. 4(2).
estate agent has the same meaning as in the Estate Agents Act 1980;
S. 2(1) def. of financial product inserted by No. 14/2019 s. 4(2).
financial product has the same meaning as in Chapter 7 of the Corporations Act;
S. 2(1) def. of GST inserted by No. 50/2024 s. 46.
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
land includes land of any tenure, and buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; and also an undivided share in land and any estate or interest in land;
S. 2(1) def. of land banking scheme inserted by No. 14/2019 s. 4(2).
land banking scheme means a scheme for the proposed development of land by the subdivision of that land, under which—
(a) members contribute money or money's worth as consideration to acquire rights to benefits produced by the scheme, whether the rights are actual, prospective or contingent, and regardless of whether the rights are enforceable; and
(b) members (other than the scheme's proponent) do not have day-to-day control or oversight of the operation of the scheme, regardless of whether they have the right to be consulted or to give directions; and
(c) members (other than the scheme's proponent) do not have a proprietary interest in a material part of, or all of, the land that is the subject of the proposed development—
but does not include the development of land under an off-the-plan contract;
S. 2(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 94.1), amended by No. 17/2014 s. 160(Sch. 2 item 87).
legal practitioner means an Australian legal practitioner;
S. 2(1) def. of licensed estate agent inserted by No. 14/2019 s. 4(2).
licensed estate agent has the same meaning as in the Estate Agents Act 1980;
S. 2(1) def. of mortgage amended by Nos 7052 s. 2(a), 7272 s. 2(1)(a).
mortgage includes any charge or lien on any land for securing money or money's worth but does not include any such charge or lien which attaches to any land by the operation of any enactment to secure an amount due for rates taxes or charges payable to any statutory body or any such charge or lien in favour of a service company to secure the performance by the proprietor of a stratum estate of his obligations to the service company under a service agreement or any floating charge on the whole or any part of the undertaking or property of a corporation and the verb to mortgage shall have a corresponding interpretation; mortgage money means money or money's worth secured by a mortgage; mortgagor includes any person from time to time deriving title under the original mortgagor or entitled to redeem a mortgage according to his estate interest or right in the mortgaged property; mortgagee includes any person at any time deriving title under the original mortgagee;
S. 2(1) def. of occupancy permit inserted by No. 14/2019 s. 4(1).
occupancy permit means an occupancy permit issued under Part 5 of the Building Act 1993;
S. 2(1) def. of off-the-plan contract inserted by No. 14/2019 s. 4(1).
off-the-plan contract means a contract for the sale of a lot on a plan of subdivision (whether the plan is certified or not) where the plan has not been registered under section 22 of the Subdivision Act 1988;
Part means Part of this Act;
S. 2(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 148.1).
police officer has the same meaning as in the Victoria Police Act 2013;
prescribed means prescribed by or under this Act;
purchaser includes any person from time to time deriving an interest under a contract of sale from the original purchaser under the contract;
S. 2(1) def. of registered managed investment scheme inserted by No. 14/2019 s. 4(2).
registered managed investment scheme means a scheme registered by ASIC under section 601EB of the Corporations Act;
regulations means regulations under this Act;
Registrar means the Registrar of Titles;
S. 2(1) def. of rent-to-buy arrangement inserted by No. 14/2019 s. 4(2).
rent-to-buy arrangement means an arrangement that involves a person entering into one or more contracts that provide for—
(a) a right of, or obligation on, that person to purchase residential land; and
(b) payment of rent or any other amount by that person in respect of a period of occupation of the residential land for more than 6 months before the right to purchase that land may be exercised or the purchase of the land completed;
S. 2(1) def. of residential land inserted by No. 14/2019 s. 4(2).
residential land means land that is used or intended to be used for residential purposes;
S. 2(1) def. of residential off-the-plan contract inserted by No. 14/2019 s. 4(1).
residential off-the-plan contract means an off‑the-plan contract where the lot is proposed to be used for residential
purposes;
rules means rules under this Act;
S. 2(1) def. of sale amended by No. 7272 s. 2(1)(b).
sale includes an agreement for sale an offer to sell and the giving of an option to purchase; and sell and sells shall have corresponding interpretations;
Schedule means Schedule to this Act;
S. 2(1) def. of society inserted by No. 35/1996 s. 453(Sch. 1 item 73.1), repealed by No. 11/2001 s. 3(Sch. item 67.1(b)).
S. 2(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 12.1).
spouse of a person means a person to whom the person is married;
S. 2(1) def. of sunset clause inserted by No. 14/2019 s. 4(1).
sunset clause means a provision of a residential off-the-plan contract that provides for the contract to be rescinded if—
(a) the relevant plan of subdivision in respect of the lot has not been registered by the sunset date; or
(b) an occupancy permit has not been issued in respect of the lot by the sunset date;
S. 2(1) def. of sunset date inserted by No. 14/2019 s. 4(1).
sunset date means a date that is—
(a) specified in a residential off-the-plan contract as the latest date by which the relevant plan of subdivision must be registered or the occupancy permit must be issued; or
(b) an extension of the date referred to in paragraph (a) that is determined in accordance with the terms of the contract;
S. 2(1) def. of terms contract substituted by No. 6/2008 s. 29(1).
terms contract has the meaning set out in section 29A;
vendor includes any person to whom the rights of a vendor under a contract have been assigned.
S. 2(1A) inserted by No. 27/2001 s. 3(Sch. 1 item 12.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 54.2).
(1A) For the purposes of the definition of domestic partner in subsection (1)—
(a) registered relationship has the same meaning as in the Relationships Act 2008; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 2(2) amended by No. 7898 s. 3(a), substituted by No. 53/1988 s. 45(Sch. 2 item 39) (as amended by No. 47/1989 s. 19(y)).
(2) This Act does not bind the Crown but applies to any statutory body or authority (whether or not it represents the Crown) in respect of any subdivision of land.
S. 2(3) repealed by No. 6/2008 s. 29(2).
S. 2(4) inserted by No. 7052 s. 2(b), repealed by No. 6/2008 s. 29(2).
Part I—Sale of land
Schedule Sch 2 - Sale of Land Act 1962 - Details of cost of vendor finance 121 | Zoe