Acts Amendment (Strata Titles) Act 1985 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(STRATA TITLES).

No. 40 of 1985.

AN ACT to amend the Sale of Land Act 1970, the Real Estate and Business Agents Act 1978, the Valuation of Land Act 1978 and the Land Tax Assessment Act 1976.

[Assented to 13 May 1985.]

BE it enacted by the Queen's Most ExcellentMajesty, 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:

PART I.-PRELIMINARY.

1. This Act may be cited as the Acts Amendment Short title.

(Strata Titles) Act 1985.

No. 40.] Acts Amendment (Strata Titles). [1985.

Commence-

ment. 2. This Act shall come into operation on the day fixed for the coming into operation of the Strata Titles Act 1985.

PART IL-SALE OF LAND ACT 1970.

Principal

Act.	3. In this Part, the Sale of Land Act 1970 is
Reprinted as

approved

referred to as the principal Act.

8 May 1978

and

amended by

Act No. 10

of 1982.

Section 12

repealed.	4. Section 12 of the principal Act is repealed.
Section 13
amended.	5. Section 13 of the principal Act is amended in

subsection (1)-

(a) by inserting after "proposed subdivision" the following

<C. , or two or more lots in the case of a

subdivision or proposed subdivision effected or continued under the Strata Titles Act 1985, "; and

(b) in paragraph (c), by inserting after "transaction" the following-

or as one of two or more lots so sold in the case of lots in a subdivision or proposed subdivision effected or continued under the Strata Titles Act 1985 ".

Section 14

amended. 6. Section 14 of the principal Act is amended

(a) in subsection (1), by inserting after "proposed subdivision" the following

CC , or two or more lots in the case of a

subdivision or proposed subdivision effected or continued under the Strata Titles Act 1985, "; and

1985.] Acts Amendment (Strata Titles). [No. 40.

(b) in subsection (2), by inserting after "transaction" in paragraph (a) the following

or as one of two or more lots so sold in the case of a subdivision or proposed subdivision effected or continued under the Strata Titles Act 1985 ".

7. Section 15 of the principal Act is amended by =lea

inserting after subsection (2) the following

subsections

C' (3) Where the Minister considers that a

person had, immediately prior to the coming into operation of the Acts Amendment (Strata Titles) Act 1985, legal obligations or other commitments in respect of any land, by reason of which it would be unreasonable for the restrictions of sections 13 and 14, or any one of them, to apply to the sale of that land, or any part of it, by that person, the Minister may, by a notice published in the Government

Gazette within 12 months after the coming

into operation of the Acts Amendment (Strata Titles) Act 1985, exempt that person from those restrictions in respect of the sale of that land or any part of it, on such terms and conditions as the Minister thinks fit and are specified in the notice.

(4) Where the Minister has granted an exemption under subsection (1), he may by notice published in the Government Gazette at any time, revoke the exemption or vary it, as specified in the notice, as to the land or any part of it in respect of which, or the terms and conditions on which, it was granted. ".

No. 40.] Acts Amendment (Strata Titles). [1985.

PART III.-REAL ESTATE AND BUSINESS

AGENTS ACT 1978.

Section 4

amended.	8. Section 4 of the Real Estate and Business
Reprinted as

approved	Agents Act 1978 is amended
23 February
amended by

1982 and	(a)	in subsection (1), by inserting after the
Acts Nos. 10
and 29 of	definition of "section" the following
1982 and 77
of 1989.	definition

C "strata company" means a strata

company constituted or deemed to be constituted under the Strata Titles Act 1985; "; and

(b) by inserting after subsection (3) the following subsection

(3a) For the purposes of this Act, moneys collected by an agent for or on behalf of a strata company are deemed to be moneys collected by the agent in respect of a real estate transaction. ".

PART IV.-VALUATION OF LAND ACT 1978.

Section 24

amended.

9. Section 24 of the Valuation of Land Act 1978

is amended by deleting "section 21 of the Strata

Titles Act 1966" and substituting the following-

" sections 62 and 63 of the Strata Titles Act

1985 ".

Section 37

amended. 10. Section 37 of the Valuation of Land Act 1978

Reprinted as is amended in paragraph (c) by deleting "subsection

approved

2 February (3) of section 21 of the Strata Titles Act 1966" and

1983 and

amended by substituting the following—

Acts Nos. 10,

25 and	43
of 1989.	" section 60 of the Strata Titles Act 1985 ".

PART V.-LAND TAX ASSESSMENT ACT 1976.

Schedule amended.11. Clause 11 of Part I of the Schedule to the

approved	Reprinted as Land Tax Assessment Act 1976 is amended in
1 December paragraph (a) by deleting "Strata Titles Act 1966"1982 and
amended by and substituting the following
Act No. 87
or 1984.

" Strata Titles Act 1985 ".