Acts Amendment (Land Valuers) Act 1978 (WA)

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WESTERN AUSTRALIA.

ACTS AMENDMENT (LAND

VALUERS).

No. 56 of 1978.

AN ACT to amend the Transfer of Land Act, 1893-1972, the Trustees Act, 1962-1972 and the Building Societies Act, 1976-1977.

[Assented to 6th September, 1978.]

RE 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 Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title.

This Act may be cited as the Acts Amendment (Land Valuers) Act, 1978.

1.

Com

mence

-

2.    This Act shall come into operation on the date ment.

of the coming into operation of the Land Valuers

Licensing Act, 1978.

No. 56.] Acts Amendment (Land Valuers). [1978.

PART I.-TRANSFER OF LAND ACT, 1893-1972.

Citation.

3.

(1) In this Part the Transfer of Land Act,

Reprint

approved

1893-1972 is referred to as the principal Act.

7th July,

1975.

(2) The principal Act as amended by this Act

may be cited as the Transfer of Land Act, 1893-1978.

Section 4

amended.

4.

Section 4 of the principal Act is amended by

adding after the interpretation "Proprietor" in

subsection (1) an interpretation as follows

"Qualified valuer" means

(a)

in relation to a certificate of the value of land that is produced to the Registrar pursuant to a requirement made by him before the expiration of twelve months from the coming into operation of the Land Valuers Licensing Act, 1978-

(i)    a person appointed as a sworn valuator under the provisions of this Act as enacted before the coming into operation of that Act; or

(ii)    a person who is licensed under that Act;

(b)

in relation to a certificate of the value of land that is produced to the Registrar pursuant to a requirement made by him after the expiration of twelve months from the coming into operation of the Land Valuers Licensing Act, 1978—a person who is licensed under that Act.

repealed.

5.

The principal Act is amended by repealing

Section 14

section 14.

Section 40

Section 40 of the principal Act is amended by deleting the words "sworn valuator" in line twenty-two and the penultimate line and substituting the words "qualified valuer".

amended.

6.

1978.] Acts Amendment (Land Valuers). [No. 56.

Section 224

7.

Section 224 of the principal Act is amended by deleting the words "sworn valuator appointed under this Act" in line nine and the penultimate line and substituting the words "qualified valuer".

amended.

PART II.-TRUSTEES ACT, 1962-1972.

Citation.

8.

(1) In this Part the Trustees Act, 1962-1972 is referred to as the principal Act.

Reprint

approved 2nd

July. 1971.

Amended by Acts Nos. 46

(2) The principal Act as amended by this Act may be cited as the Trustees Act, 1962-1978.

and 57 of

1972.

9.

Section 17 of the principal Act is amended

Section 17

amended.

(a)

by deleting the passage "valuer, being a sworn valuator appointed under section fourteen of the Transfer of Land Act, 1893," in lines three, four and five of paragraph (a) of subsection (2) and substituting the words "qualified valuer";

(b)

by adding after subsection (2) a subsection as follows

(2a) For the purposes of paragraph (a) of subsection (2) of this section "qualified valuer" means

(a)

in relation to a report as to the value of land commissioned before the expiration of twelve months from the coming into operation of the Land Valuers Licensing Act, 1978—

a person appointed as a sworn valuator under the provisions of the Transfer of Land Act, 1893 as enacted before the coming into operation of the Land Valuers Licensing Act, 1978; or

(ii) a person who is licensed under the Land Valuers Licensing Act, 1978;

No. 56.] Acts Amendment (Land Valuers). [1978.

(b)

in relation to a report as to the value of land commissioned after the expiration of twelve months from the coming into operation of the Land Valuers Licensing Act, 1978—a person who is licensed under that Act. .

PART III.-BUILDING SOCIETIES ACT, 1976-1977.

Citation.

10.    (1) In this Part the Building Societies Act,

1976-1977 is referred to as the principal Act.

(2) The principal Act as amended by this Act may be cited as the Building Societies Act, 1976- 1978.

Section 5

amended.

11.

Section 5 of the principal Act is amended by

deleting the interpretation "valuer" and substituting

an interpretation as follows

"valuer" means

(a) a person-

(i)  who is approved as a valuer for the purposes of this Act; or

(ii)

who was appointed a valuer

under the repealed Act,

and whose approval or appointment has not been cancelled or revoked; or

(b)

a person who is licensed under the Land Valuers Licensing Act, 1978. .

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