4Definitions

4 Definitions (1) In this Act unless inconsistent with the context or subject-matter— S. 4(1) def. of *administrative notice* inserted by No. 70/2014 s. 3. ***administrative notice*** means a notice in the approved form; S. 4(1) def. of *allotment* inserted by No. 7814 s. 2, repealed by No. 53/1988 s. 45(Sch. 2 item 79). ***annuity*** means a sum of money payable periodically and charged on land under the operation of this Act by an instrument of charge; S. 4(1) def. of *approved form* inserted by No. 9976 s. 4(a), amended by No. 47/2007 s. 18. ***approved form*** means, subject to section 121, a form approved by the Registrar for the purposes of the provision in which the expression appears; S. 4(1) def. of *approved or registered* inserted by No. 53/1988 s. 45(Sch. 2 item 79A) (as amended by No. 47/1989 s. 18(1)(n)). ***approved or registered*** in relation to a plan, means approved or registered by the Registrar under any Act; S. 4(1) def. of *Assurance Fund* repealed by No. 9861 s. 3(1). S. 4(1) def. of *authorised representative* inserted by No. 70/2014 s. 3. ***authorised representative*** means a person who— (a) is entitled to conduct a conveyancing transaction in accordance with the law of this State; and (b) is representing a party to a conveyancing transaction; and (c) has entered into a client authorisation with that party in accordance with Division 2A of Part V; S. 4(1) def. of *bankruptcy* repealed by No. 42/2017 s. 8(a). S. 4(1) def. of *building subdivision* inserted by No. 6646 s. 2(a), substituted by No. 7551 s. 49(a)(i). ***building subdivision*** means— (a) the subdivision of a building or buildings in accordance with a plan of subdivision approved by the Registrar pursuant to this Act; or (b) a strata subdivision of land a plan of which has been approved by the Registrar pursuant to this Act; S. 4(1) def. of *client authorisation* inserted by No. 70/2014 s. 3. ***client authorisation*** has the meaning given by section 91K; S. 4(1) def. of *computer* inserted by No. 18/1989 s. 5(a), repealed by No. 42/2017 s. 8(a). S. 4(1) def. of *computer print-out* inserted by No. 18/1989 s. 5(a), repealed by No. 42/2017 s. 8(a). S. 4(1) def. of *conversion scheme* inserted by No. 85/1998 s. 5(1), amended by No. 80/2009 s. 3(a). ***conversion scheme*** means a procedure for bringing land under this Act set out in section 14 or 15; S. 4(1) def. of *conveyancer* inserted by No. 75/2006 s. 192(Sch. 2 item 6.2) (as amended by No. 17/2007 s. 33). ***conveyancer*** means a licensee under the **Conveyancers Act 2006**; S. 4(1) def. of *conveyancing transaction* inserted by No. 70/2014 s. 3. ***conveyancing transaction*** has the same meaning as it has in the Electronic Conveyancing National Law (Victoria); S. 4(1) def. of *Court* amended by Nos 16/1986 s. 22(a), 19/1989 s. 16(Sch. item 53), 57/1989 s. 3(Sch. item 201.1(a)), substituted as *court* by No. 80/2009 s. 3(b). ***court*** means court of competent jurisdiction; S. 4(1) def. of *Crown grant* amended by No. 25/2023 s. 7(Sch. 1 item 28.1). ***Crown grant*** means the grant by His Majesty of land whether in fee or for years; S. 4(1) def. of *Division* repealed by No. 18/1989 s. 5(b). S. 4(1) def. of *electronic* *instrument* inserted by No. 23/2004 s. 3, repealed by No. 7/2013 s. 16(1). S. 4(1) def. of *electronic lodgement network* inserted by No. 23/2004 s. 3, repealed by No. 7/2013 s. 16(1). S. 4(1) def. of *ELN* inserted by No. 7/2013 s. 11. ***ELN*** means ELN within the meaning of the Electronic Conveyancing National Law (Victoria); ***encumbrance*** in respect of any land includes any estate interest mortgage charge right claim or demand which is or may be had made or set up in to upon or in respect of the land; S. 4(1) def. of *entitled person* inserted by No. 85/1998 s. 5(1). ***entitled person*** means a person who is entitled under section 10 to have land brought under this Act; S. 4(1) def. of *folio of the Register* inserted by No. 18/1989 s. 5(c). ***folio of the Register*** means a folio of the Register under section 27; ***grantor*** in relation to an annuity means the proprietor of land charged with the payment of an annuity; S. 4(1) def. of *identified folio* inserted by No. 85/1998 s. 5(1). ***identified folio*** means a folio of the Register created pursuant to section 26E; S. 4(1) def. of *instrument* amended by Nos 18/1989 s. 5(d), 80/2009 s. 3(c), 42/2017 s. 8(b). ***instrument*** includes every document registered or capable of registration under this Act or in respect of which any recording is, by this Act or any other Act, directed, required or permitted to be made in the Register, and a plan within the meaning of the **Subdivision Act 1988**, where the context permits; S. 4(1) def. of *land* amended by Nos 92/1990 s. 128(Sch. 1 item 29), 63/2006 s. 61(Sch. item 30), substituted by No. 78/2012 s. 27. ***land*** includes any estate or interest in land but does not include— (a) an interest in land arising under the **Mineral Resources (Sustainable Development) Act 1990**; or (b) a carbon sequestration right or soil carbon right granted in relation to Crown land under a Carbon Sequestration Agreement within the meaning of the **Climate Change Act 2010**; S. 4(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 107.1), amended by No. 17/2014 s. 160(Sch. 2 item 98.1). ***legal practitioner*** means an Australian legal practitioner; S. 4(1) def. of *legal practitioner's certificate* inserted by No. 35/1996 s. 453(Sch. 1 item 83.1(a)), amended by No. 85/1998 s. 5(2)(a). ***legal practitioner's certificate*** means a certificate under section 16; S. 4(1) def. of *licensed surveyor* amended by Nos 9180 s. 2(1), 47/2004 s. 71(Sch. item 6.1(a)). ***licensed surveyor*** has the same meaning as in the **Surveying Act 2004**; S. 4(1) def. of *limited folio* inserted by No. 18/1989 s. 5(e), repealed by No. 85/1998 s. 5(2)(b). S. 4(1) def. of *manual folio* inserted by No. 18/1989 s. 5(e), repealed by No. 42/2017 s. 8(a). S. 4(1) def. of *ordinary folio* inserted by No. 18/1989 s. 5(e), substituted by No. 85/1998 s. 5(2)(c). ***ordinary folio*** means a folio of the Register that is not a provisional folio or an identified folio; S. 4(1) def. of *ordinary title* inserted by No. 128/1986 s. 4(a), repealed by No. 18/1989 s. 5(b). S. 4(1) defs of *Part* and *prescribed* repealed by No. 18/1989 s. 5(b). S. 4(1) def. of *priority notice* inserted by No. 70/2014 s. 3. ***priority notice*** means a notice described in section 91C; ***proprietor*** means any person seised or possessed of or entitled to any estate or interest in land and includes any person who is the donee of a power to appoint or dispose thereof; S. 4(1) def. of *provisional folio* inserted by No. 85/1998 s. 5(1). ***provisional folio*** means a folio of the Register on which there is recorded— (a) a warning in the form of Part III of the Fifth Schedule; or (b) a warning in the form of Part IV of the Fifth Schedule; or (c) a warning in the form of Part III of the Fifth Schedule and a warning in the form of Part IV of the Fifth Schedule; or (d) a warning in the form of Part IV of the Fifth Schedule and a warning in the form of Part V of the Fifth Schedule; or (e) a warning in the form of Part V of the Fifth Schedule; S. 4(1) def. of *qualified folio* inserted by No. 18/1989 s. 5(f), repealed by No. 85/1998 s. 5(2)(d). S. 4(1) def. of *record of dealings* inserted by No. 18/1989 s. 5(f). ***record of dealings*** means the record of dealings under section 27C; S. 4(1) def. of *qualified title* inserted by No. 128/1986 s. 4(b), repealed by No. 18/1989 s. 5(b). S. 4(1) def. of *recorded common provision* inserted by No. 9976 s. 4(b), repealed by No. 42/2017 s. 8(a). S. 4(1) def. of *Register* inserted by No. 80/2009 s. 3(d). ***Register*** means the Register of land kept under section 27; S. 4(1) def. of *registered proprietor* amended by Nos 18/1989 s. 12(Sch. 1 item 1), 85/1998 s. 5(2)(e), substituted by No. 42/2017 s. 8(c). ***registered proprietor*** means a person registered in the Register (other than on an identified folio) as the proprietor of any estate or interest in land; S. 4(1) def. of *Registrar* amended by No. 9324 s. 2(1). ***Registrar*** means the Registrar of Titles under this Act and includes any Deputy Registrar of Titles and any Assistant Registrar of Titles; S. 4(1) def. of *registry instrument* inserted by No. 7/2013 s. 11, substituted by No. 7/2013 s. 16(2). ***registry instrument*** means instrument; S. 4(1) def. of *Regulations* repealed by No. 18/1989 s. 5(b). S. 4(1) def. of *relevant person* inserted by No. 70/2014 s. 3. ***relevant person***, in Division 2B of Part V, means a person who signs, or purports to sign, an instrument or other document in connection with a conveyancing transaction; S. 4(1) def. of *reproduction* inserted by No. 18/1989 s. 5(g), repealed by No. 69/2009 s. 54(Sch. Pt 1 item 58.1). S. 4(1) def. of *residual land* inserted by No. 6646 s. 2(b), substituted by No. 7551 s. 49(a)(ii), amended by No. 8181 s. 2(1)(Sch. item 184). ***residual land*** means— (a) in respect of a building subdivision other than a strata subdivision, all the land comprised in the subdivision which is not included in any of the several stratum estates; or (b) in respect of a strata subdivision, so much of the land shown on a plan of strata subdivision as is for the time being described by legend or otherwise as common property. S. 4(1) def. of *Schedule* repealed by No. 18/1989 s. 5(b). S. 4(1) def. of *seal of the Office of Titles* inserted by No. 9976 s. 4(c), repealed by No. 42/2017 s. 8(a). S. 4(1) def. of *search of title* inserted by No. 128/1986 s. 4(c), substituted by No. 85/1998 s. 5(2)(f). ***search of title*** means a search under section 26J; S. 4(1) def. of *service company* inserted by No. 6646 s. 2(c), amended by Nos 7551 s. 49(a)(iii), 53/1988 s. 45(Sch. 3 item 77) (as amended by No. 47/1989 s. 23(1)(2)), 69/2006 s. 224 (Sch. 3 item 10.1), repealed by No. 70/2013 s. 3(Sch. 1 item 56(a)). S. 4(1) def. of *service agreement* inserted by No. 6646 s. 2(c). ***service agreement***, in relation to a building subdivision, means an agreement entered into or to be entered into by the proprietor of a stratum estate in the subdivision and the service company as to their respective rights and obligations in relation to or in connexion with any of the purposes referred to in the interpretation of "service company"; S. 4(1) def. of *service company* inserted by No. 70/2013 s. 3(Sch. 1 item 56(b)). ***service company***, in respect of a building subdivision, means a company or other body corporate which was or is formed or incorporated or which operates or is intended to operate for the purpose of carrying out the common purposes of the proprietors of the several stratum estates in the subdivision including, without limiting the generality of the foregoing, the provision of common services, the maintenance repair and insurance against fire of the building or buildings as a whole and the control and maintenance of the residual land but does not include an owners corporation within the meaning of the **Owners Corporations Act 2006**; S. 4(1) def. of *sheriff* amended by No. 110/1986 s. 140(2). ***sheriff*** includes the sheriff and any deputy sheriff or person appointed to execute any process of execution under any Act of the Victorian Parliament or of the Parliament of the Commonwealth of Australia; S. 4(1) def. of *solicitor's certificate* inserted by No. 128/1986 s. 4(d), repealed by No. 35/1996 s. 453(Sch. 1 item 83.1(b)). S. 4(1) def. of *specified dealing* inserted by No. 85/1998 s. 5(1). ***specified dealing***, in Part II, means— (a) an instrument of transfer of land in an appropriate approved form; or (b) a conveyance in fee simple of land; or (c) a mortgage in fee simple of land; or (d) a mortgage of the equity of redemption in land; or (e) an assignment of a possessory interest in land (whether or not that land can be lawfully dealt with in accordance with section 8A of the **Sale of Land Act 1962** without being subdivided)— but does not include a reconveyance or a conveyance in the nature of a discharge of mortgage; S. 4(1) def. of *strata subdivision* inserted by No. 7551 s. 49(a)(iv). ***strata subdivision*** means a subdivision of land by sale transfer or partition into two or more units or into two or more units and common property whether or not any unit is on the same level as any other unit; and ***subdivide in strata*** has a corresponding meaning; S. 4(1) def. of *stratum* inserted by No. 7551 s. 49(a)(iv). ***stratum*** means a part of land consisting of a space of any shape below, on, or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited; and "strata" is the plural of "stratum"; S. 4(1) def. of *stratum estate* inserted by No. 6646 s. 2(d), amended by No. 7272 s. 8(1), substituted by No. 7551 s. 49(a)(v). ***stratum estate*** means— (a) an estate in fee-simple in an allotment in a building subdivision above or below or between certain levels such allotment being a part of a building or parts of a building or buildings (together with any land surrounding or adjacent thereto) intended for separate occupation; or (b) an estate in fee-simple in a unit; S. 4(1) def. of *subscriber* inserted by No. 70/2014 s. 3. ***subscriber*** has the same meaning as it has in the Electronic Conveyancing National Law (Victoria); S. 4(1) def. of *subsisting interest* inserted by No. 85/1998 s. 5(1). ***subsisting interest***, in Part II, in relation to land, means— (a) an estate or interest in land that was in existence at the date on which a provisional folio or identified folio of the Register was first created for the land under Division 3 of that Part; or (b) any interest by prescription that was in existence or being acquired at that date; S. 4(1) def. of *survey* amended by Nos 9180 s. 2(1), 47/2004 s. 71(Sch. item 6.1(b)). ***survey*** has the same meaning as in the **Surveying Act 2004**; S. 4(1) def. of *sworn valuator* inserted by No. 6653 s. 16(a), repealed by No. 91/1994 s. 36(10). ***transmission*** means the acquiring of any estate or interest in land consequent on the death will intestacy or bankruptcy of a registered proprietor; S. 4(1) def. of *unit* inserted by No. 7551 s. 49(a)(vi). ***unit*** means a stratum which is shown as a unit on a plan of strata subdivision approved by the Registrar pursuant to section 97 and includes a unit specified as an accessory unit on any such plan; and S. 4(1) def. of *accessory unit* inserted by No. 7551 s. 49(a)(vi). ***accessory unit*** means a unit intended for separate ownership and use with any other unit or units as a garden, garage, car-parking space, storage space, swimming pool, laundry, stairway or passage, utility space, or for any other like purpose or partly for one and partly for any other like purpose. (2) In and for the purposes of this Act unless inconsistent with the context or subject-matter any description of or reference to any person as proprietor transferor transferee mortgagor mortgagee annuitant grantor caveator lessor or lessee or as seised of or having or taking any estate or interest in land shall extend to his executors administrators successors transferees and assigns to the intent that every right power authority liability or obligation vested in or imposed on any such person by or under this Act shall devolve upon any such executor administrator successor transferee or assign. Part I—The Office of Titles No. 5842 s. 5. 5 Registrar of Titles S. 5(1) amended by No. 9019 s. 2(1)(Sch. item 226), substituted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 207). (1) A Registrar of Titles may be employed under Part 3 of the **Public Administration Act 2004** to have the charge and control of the Office of Titles and to carry out the duties and functions vested by or under this or any other Act in the Registrar of Titles. S. 5(2) amended by Nos 9019 s. 2(1)(Sch. item 226), 9324 s. 2(2)(a), substituted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 207). (2) Any Deputy Registrars of Titles and any Assistant Registrars of Title and other employees that are necessary for the purposes of this Act may be employed under Part 3 of the **Public Administration Act 2004**. S. 5(3) amended by No. 9324 s. 2(2)(b), substituted by No. 10128 s. 6(1). (3) Anything by this or any other Act appointed or authorized or required to be done or signed or initialled by the Registrar may be done or signed or initialled by any such Deputy Registrar or Assistant Registrar and shall be as valid and effectual as if done or signed or initialled by the Registrar. (4) Any reference to the Commissioner of Titles in any Act Order in Council regulation instrument or document shall be deemed and taken to refer to the Registrar of Titles unless the context otherwise requires. No. 5842 s. 6. 6 Certain signatures to be judicially noticed S. 6(1) amended by No. 9324 s. 2(3)(a). (1) All courts judges and persons acting judicially shall take judicial notice of the signature of the Registrar and of any Deputy Registrar of Titles or Assistant Registrar of Titles. S. 6(2) amended by No. 9324 s. 2(3)(b), repealed by No. 80/2009 s. 4. S. 6(3) amended by No. 9324 s. 2(3)(c), repealed by No. 80/2009 s. 4. S. 7 repealed by No. 6653 s. 16(b), new s. 7 inserted by No. 18/1989 s. 6, amended by Nos 46/1998 s. 7(Sch. 1), 10/2005 s. 3(Sch. 1 item 22), repealed by No. 42/2017 s. 9. ss 8–13, 15–26. Pt 2 (Headings and ss 8–26) amended by Nos 7332 s. 2(Sch. 1 item 112), 8091 s. 3, 9075 s. 5(1), 9976 s. 11, 128/1986 ss 5, 12(a)–(f), 55/1987 s. 57(3)(Sch. 5 item 56), 18/1989 s. 12(Sch. 1 items 2–42), 45/1994 s. 42(Sch. item 10), 35/1996 s. 453(Sch. 1 items 83.2–83.7), substituted as Pt 2 (Headings and ss 8–26W) by No. 85/1998 s. 6. Part II—Bringing land under the Act